2024.11.19_TC_Agenda_Regular1
TOWN OF HIGHLAND BEACH
TOWN COMMISSION MEETING
AGENDA
Tuesday, November 19, 2024 AT 1:30 PM
TOWN HALL COMMISSION CHAMBERS, 3614 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
Leonard G. Rubin Town Attorney
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION
4. APPROVAL OF THE AGENDA
5. PRESENTATIONS / PROCLAMATIONS
A. Police Officer Commendation Award
6. PUBLIC COMMENTS
Public Comments will be limited to five (5) minutes per speaker.
A. Barbara Nestle's Letter ref. Leaf blowers
7. ORDINANCES (Public Comments will be limited to three (3) minutes per speaker
per item after Commission initial discussion.)
None.
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Town Commission Meeting Agenda November 19, 2024
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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 Protec Arisawa (sole source ) to replace the membrane
vessel side ports for the Reverse Osmosis Water System at a cost of $61,362.92.
Note: This is a planned and approved project for fiscal year 2025.
B. Approve and authorize Graybar to replace the switch gear for the programable
logic controller (PLC) for the Water Treatment Plant Facility at a cost of
$79,954.54. Note: This is a planned and approved project for fiscal year 2025.
9. UNFINISHED BUSINESS (Public Comments will be limited to three (3) minutes per
speaker per item after Town Commission initial discussion.)
A. Building Department Recertification Program Update
B. Florida Department of Transportation (FDOT) RRR Project Update
C. Sanitary Sewer Lining Rehabilitation Project Update
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 a professional services agreement
with Inspire Placemaking Collective, Inc. for general planning and development
review services.
B. Approve and authorize the Mayor to e xecute a professional services agreement
between Projected Point, Inc. and the Town of Highland Beach for outsourced
finance director services.
C. Consideration of an Assigned Vehicle Program for the Police Department and
authorize the Town Manager to execute all agreements related to Direct Cash
Purchase with Maintenance Management Program from Enterprise Fleet
Management, Inc. option and authorize the necessary budget amendments.
D. Fiscal Year 2024-2025 Strategic Priorities Plan Update and Review
11. TOWN COMMISSION COMMENTS
Commissioner Judith M. Goldberg
Commissioner Donald Peters
Commissioner Evalyn David
Vice Mayor David Stern
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Town Commission Meeting Agenda November 19, 2024
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Mayor Natasha Moore
12. TOWN ATTORNEY’S REPORT
13. TOWN MANAGER’S REPORT
14. ANNOUNCEMENTS
Board Vacancies
Code Enforcement Board One (1) vacancy for an unexpired
ending December 7, 2024; and
One (1) vacancy for an unexpired
ending May 30, 2025
Meetings and Events
December 03, 2024 1:30 P.M. Town Commission Meeting
December 05, 2024 5:00 P.M. Mingle & Jingle
Board Action Report
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.
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File Attachments for Item:
A. Barbara Nestle's Letter ref. Leaf blowers
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Barbara Nestle
Highland Beach, FL
617 870 1719
nesbarb@gmail.com
September 1, 2024
To Lanelda Gaskins, Townclerk
Natasha Moore, Mayor
David Stern, Vice Mayor
Highland Beach, FL, 33487
Re: Leafblowers
Dear Mrs Gaskins:
I am aware that leaf blowers were discussed on January 1, 2023 and I made a
respective public comment in the Commission meeting on February 21, 2023. No
discussions or decisions have ever since been made, hence I am reaching out again to
the Commission with the following public comment (same as made in February 2023):
Many landscapers and private individuals in Highland Beach use polluting and noisy
gas-powered leaf blowers which have been banned in many villages and towns of our
calibre, all over the USA.
These leaf blowers generate toxic, carcinogenic air pollution and noise that far
exceeds health and safety standards. Using gas powered leaf blowers are very bad
for our health, fragile dunes/barrier island environment, and enjoyment of the benefits of
living in our five miles of paradise. People come to Highland Beach to enjoy our
beautiful nature and beaches and not to be drowned in noise and toxic fumes.
Toxic pollution – Using a two-stroke gas-powered leaf blower for 30 minutes produces
pollutants equal to those generated by driving a Ford F-150 truck 3,900 miles, or as far
as from Texas to Alaska.
Harmful health impacts - Ozone and PM2.5s are well known causes of, or contributors
to, early death, cardiovascular disease, asthma, chronic obstructive pulmonary disease,
lung cancer, premature births, and other serious health conditions. Even short-term
exposure can be harmful.
Damaging noise - Noise from leaf blowers ranges from 102−115 decibels (“dBs”)!
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For these reasons, Miami Beach is phasing out gas powered leaf blowers, Naples, Palm
Beach, and other towns have implemented leaf blower regulations/bans. Our paradise
of Highland Beach cannot afford to wait longer.
We should as soon as possible discuss a regulation stipulating that no leaf blower may
be operated except one (1) 65 dB(A) electric or battery powered leaf blower per lot
during the permitted hours (TBD), with further specifications about allowed types and
some exemptions for larger lots. After a storm or emergency, the mayor could
temporarily suspend the law.
Violations should end in suspensions for 60 days or longer and shall be subject to
penalty.
I appreciate your attention and look forward to hearing an update in one of the coming
Commission meetings. I am happy to help the town drafting a leafblower ordinance.
Could you pls schedule this topic for your October 1 meeting where I can present
this as a public comment? Many thanks.
Best regards,
Barbara Nestle
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Milestone Inspection Report
Overall Summary
• Total Number of Buildings: 53
Detailed Analysis
• Milestone Inspection Recertification Completed: 14 Buildings
o Ambassadors East-3301 S Ocean
o Beach Walk East-3201 S Ocean
o Braemar Isle Parking Garage-4740 S Ocean
o Casuarina-3450 S Ocean
o Coronado-3420 S Ocean
o Coronado-3400 S Ocean
o Dalton Place-4748 S Ocean
o Delray Sands- 2809 S Ocean
o Highland Towers-2921 S Ocean Blvd
o Highlands Place-2901 S Ocean
o Villa Magna-2727 S Ocean
o Villa Mare-3211 S Ocean
o Villa Nova-3505 S Ocean
o Wiltshire House-2909 S Ocean
• In Progress:
• Completed Phase 1 Report&Currently Under Review: 3 Buildings
o Le Sanctuaire-3425 S Ocean
o Toscana Beach Club-3701 S Ocean (within due date)
o Toscana North-3700 S Ocean (within due date)
• Reports Submitted and Reviewed, but Pending Additional Information: 4 Buildings
o Highland Beach Club-3594 S Ocean
o Highland Beach Club- 3606 S Ocean
o Regency Highland-3908 S Ocean
o Regency Highland- 3912 S Ocean
• Reports Received and Reviewed, Concrete Restoration Application Now Overdue: 1
Building
o St Lucie's Church-3500 S Ocean
• Concrete Restoration Application in Progress: 2 Buildings
o Penthouse Highlands-3100 S Ocean
o Penthouse Towers-3101 S Ocean
• Requested Extension to Apply and Secure a Concrete Restoration Permit: 2 Buildings
o Townhouses of Highland Beach-2565 S Ocean
o Townhouses of Highland Beach- 2575 S Ocean
• Reports Received and Under Permit for Restoration 23 Buildings
0 45 Ocean-4505 S Ocean
0 45 Ocean-4511 S Ocean
o Aberdeen Arms-4750 S Ocean
o Ambassadors East-3215 S Ocean
o Ambassadors East-3221 S Ocean
o Braemar Isle-4740 S Ocean
o Braemar Isle Townhouses-4744 S Ocean
o Carlton House-2701 S Ocean
o Carron House-4600 S Ocean
o Clarendon-3407 S Ocean
o Evanton Baye-4746 S Ocean
o Lloret de Mar Condo- 1001-1013 Bel Air
o Monterey House-3114 S Ocean
o Ocean Dunes-3015 S Ocean
o Ocean Pines- 3009 S Ocean
o Ocean Terrace North-3115 S Ocean
o Parker Highland-4605 S Ocean
o Seagate-3212 S Ocean
o Seagate-3224 S Ocean
o Seagate-3300 S Ocean
o Seagate-3310 S Ocean
o Trafalgar- 2917 S Ocean
o Villa Costa-3210 S Ocean
• Missed Deadline: 0
• Within Due Date
• Notification Letter Sent,Still Within Due Date: 0
• No Status Mentioned Because Due Date Is Too Far to Be Notified For Requested Reports:
4 Buildings
0 3200 So. Ocean A Seagate Condo- 3200 S Ocean
o Toscana South-3740 S Ocean
o Toscana West-3720 S Ocean
o Villas at Highland Beach-3511 S Ocean
File Attachments for Item:
A. Approve and authorize Protec Arisawa (sole source) to replace the membrane vessel
side ports for the Reverse Osmosis Water System at a cost of $61,362.92. Note: This is
a planned and approved project for fiscal year 2025..
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE November 19, 2024
SUBMITTED BY: Pat Roman, Public Works Director
SUBJECT: Authorize approved 2025 budget dollars for Membrane Vessels
SUMMARY:
We are asking for authorization to use 2025 budget dollars on a planned and approved project
for 2025. The current membrane vessel side ports have reached the end of life and need to
be replaced. These are the original side ports from 2004 and need replacement.
In a reverse osmosis (RO) water plant, a membrane vessel side port connection is a specific
point on the membrane pressure vessel where connections are made for the inflow and outflow
of water. These side ports are crucial for directing the feed water into the membrane vessel
and for allowing the permeate (filtered water) and concentrate (rejected water) to exit. The
design and placement of these ports are important for the efficient operation of the RO system,
ensuring that water flows through the membranes at the correct pressure and velocity to
achieve optimal filtration performance.
FISCAL IMPACT:
$61,362.92 budgeted in the 2025 WTP Improvements Other than Buildings
ATTACHMENTS:
Sole Source Letter Protec Arisawa
Protec Arisawa Quote
RECOMMENDATION:
Commission approval.
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Protec Arisawa America, Inc 2455 Ash Street, Vista, CA 92081, USA
(P) 760.599.4800 (F) 760.536.1849
www.Protec-arisawa.com
August 12, 2024
Dear Valued Customer,
Protec-Arisawa Americas (PAA) manufactures our ASME Section X FRP membrane housings in Vista, CA.
The product is fully manufactured there, and all parts and services are supplied from this facility. PAA is
the only manufacturer of 8” RO membrane housings, winding vessels in the United States. The parts on
our products are solely designed by Protec-Arisawa for use on our pressure vessels. Only authorized,
factory supplied parts should be used on our vessels per our stated warranty and operator’s manual.
All of the parts used within our product are exclusively made by Protec-Arisawa America or for Protec-
Arisawa America. All PAA original parts have our part number stamped or etched on to them for easy
identification, reordering and tracing.
PAA does not provide any drawings or representations of our parts to any customer or reseller.
Specifications can be provided upon request for verification that the proper part is being installed into
our vessel.
Thank you,
Taryn Doyle
Account Manager
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DATE 5/31/2024 Sales contact:
Taryn Doyle 1.813.909.3880
taryn.doyle@protec-arisawa.com
Part Number Description Quantity Price Extension Notes
999
FIELD SERVICE CHARGE
(5 Days on site, 3 Technicians, 1 travel day)18 $1,800.00 $32,400.00
Field Service charge is per day for each Field
Technician(s). One (1) day built in for travel-weekend
time for travel
TOTAL LABOR $32,400.00
6121187 Side port retaining ring 1.5"150 $27.38 $4,107.00 2 per housing (outer only)
6184604-N Side port seal 1.5"150 $6.39 $958.50 2 per housing
4080257-1 Side port 10 $103.60 $1,036.00
2080096 Head Assembly, 600 psi 1 1/4" Vic (IPS Grooved End)5 $761.69 $3,808.45
2080273 Head Assembly, 600 psi 1" FNPT 5 $702.35 $3,511.75
PDMT-GSK-1.25-C Peidmont Gasket style C, EPDM, 1.5"146 $5.90 $861.40 2 per housing, side ports
61100442MK Quad head seal 146 $53.00 $7,738.00 2 per housing
6110229-N Perm port seal 146 $6.39 $932.94 2 per housing
6180236-N Perm port adapter seal 146 $6.39 $932.94 2 per housing
6180119-N PWT seals 292 $6.39 $1,865.88 4 per housing
6121200 Permeate port retaining ring 20 $27.38 $547.60 Replace only those rusted
7030084 Touch-up Paint 12 oz Spray can 3 $31.82 $95.46 1 per skid
501190 Spiral ring install tool 1 $540.00 $540.00 1 set
501160 Install tool, 1.5" side port seal press seal 6184604-N 1 $784.00 $784.00 1 set
501104 Head Removal T-pulls 8" 1 $43.00 $43.00 1 set
Freight to site 1 $1,200.00 $1,200.00 Not to exceed
TOTAL PARTS-THREE (3)
TRAINS $28,962.92
$61,362.92
FIELD SERVICE QUOTE HIGHLAND BEACH FLORIDA
The items below are suggested to be replaced based on the age of the vessel if not routinely done. Normal seal life is 3-5 years.
QUOTE FOR 3 RO UNITS. PRO-8-600-SP-7, 1 skid (24 vessels), 2 X 1.5" side ports. Manufactured in 2003. Original SO# 3616
GRAND TOTAL FOR LABOR AND PARTS -THREE (3) TRAINS
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4080257-1 Side port 10 $103.60 $1,036.00
4080289 Noryl Permeate Port, 1" FNPT, 300, 450, 600 psi 5 $100.00 $500.00
4080042-1 Permeate port 1 1/4" VIC PVC 5 $148.00 $740.00
4080320 Retaining ring w/finger pull 5 $142.08 $710.40
6121200 Permeate port retaining ring 20 $27.38 $547.60
4080032 Bearing Plate 600 psi (with sticker)10 $281.20 $2,812.00
4080117-3 Seal Plate 10 $108.04 $1,080.40
PDMT-CPL-K-1.25 Piedmont Coupling Style K, 1.25" with Gasket 10 $22.81 $228.10
PDMT-CPL-B-1.5 Piedmont Coupling Style B, 1.5" with Gasket 10 $43.81 $438.10
4080165-3 Thrust cone 8 $78.44 $627.52
5080074 Membrane adapter 16 $95.82 $1,533.12
Scope of Work
Vessels:
Side Ports:
End Cap Assemblies:
Site requirements prior to Protec-Arisawa staff arrival:
Warranty Coverage:
Protec Arisawa is the original and only manufacturer of Protec Pressure Vessels. Protec Arisawa warrants that repairs made to pressure vessels are done with parts/components free of
defects and the workmanship conforms to Protec Arisawa procedures, drawings and specifications that were engineered and designed originally by Protec Arisawa. All Work
performed will be of the specific area(s) outlined in the original agreement only. Protec Arisawa provides a 1-year Warranty on all services and materials directly related to the Scope of
Work in original agreement only. This does not cover damage or incidents due to improper operation of RO system; unathorized alterations of pressure vessel(s) and or component(s);
misuse and abuse of pressure vessel(s) and or component(s); Misalignment of system piping causing damage to vessel connections; ordinary wear and tear; or problems caused by lack
of preventative maintenance.
o Inspection of all side ports -clean and reuse- replace if needed only
o Removal of wave spacer and replacement of all side port seals
o Removal of couplings and replacement of gasketl and hardware
o Perform resin repair on seal area if required (if needed)
NOTE: Parts in yellow are only replaced if deemed necessary by Field Technician. If parts are subject to replacement these
items will be added to the invoice after written approval by client.
*THESE PARTS WILL BE ON HAND AND IF SOMETHING IS FOUND TO BE DAMAGED OR NEEDS FUTURE REPLACEMENT, PROTEC TECHNICIAN WILL ADVISE A
PRICE AND REPLACEMENT SCHEDULE. THEY WILL BE INSTALLED OR LEFT BEHIND BASED ON CUSTOMER'S APPROVAL ONLY
o Inspection, disassembly and cleaning
o Removal, cleaning and replacement of Victaulic couplings as needed
o Remove all permeate piping, drain system and remove couplings on first train.
o Provide lift, ladder or scaffolding to access vessels
o Notify of work hours and any PPE required
o Availability of compressed air/compressor (please notify if not available)
o Notify of any site requirements or restrictions.
o Surface cleaning around side port and bell area
o Assessment of vessel seal area, insert ring for integrity and need for any surface repair of resin.
o Inspection of shell body for wear and damage for safe operation
o Replace all seals in head assembly (3 ea)
o Replace head components as needed due to wear or damage (Bearing plate, Retaining ring, Seal Plate, Adapter)
o Touch up paint on end margin/cut face due to wear
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File Attachments for Item:
B. Approve and authorize Graybar to replace the switch gear for the programable logic
controller (PLC) for the Water Treatment Plant Facility at a cost of $79,954.54. Note:
This is a planned and approved project for fiscal year 2025.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE November 19, 2024
SUBMITTED BY: Pat Roman, Public Works Director
SUBJECT: Replacement of Switch Gear for PLC
SUMMARY:
We are asking for authorization to use 2025 discretionary sales tax dollars on a planned and
approved project for the replacement of switch gear for PLC in 2025. The current PLC gear
has reached the end of life and need to be replaced.
The switchgear for the Programmable Logic Controller (PLC) in a water treatment facility
needs replacement primarily due to wear and tear, outdated technology, or safety concerns.
Over time, components can degrade, leading to reduced efficiency, increased risk of failur e,
or safety hazards. Upgrading the switchgear ensures reliable operation, enhances system
performance, and complies with current safety standards. Additionally, modern switchgear can
offer improved monitoring and control capabilities, which are crucial fo r maintaining optimal
water treatment processes.
FISCAL IMPACT:
$79,954.54 budgeted in the 2025 WTP Discretionary Sales Tax
ATTACHMENTS:
Graybar ATO Project Quote
RECOMMENDATION:
Commission approval.
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File Attachments for Item:
A. Approve and authorize the Mayor to execute a professional services agreement with
Inspire Placemaking Collective, Inc. for general planning and development review
services.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE 11/19/2024
SUBMITTED BY: Skender Coma, Senior Management Analyst
SUBJECT: EXECUTE AGREEMENT WITH INSPIRE PLACEMAKING
COLLECTIVE, INC. FOR GENERAL PLANNING AND
DEVELOPMENT REVIEW SERVICES
SUMMARY:
In May 2024, the Town executed Professional Services Agreements for Engineering,
Architectural, Landscape Architectural, and Surveying and Mapping Services (CCNA).
General Planning Services were not included in the CCNA scope, as defined by Florida
Statutes.
Town staff researched local competitive procurement outcomes and found that Inspire
Placemaking Collective was consistently ranked at the top of multiple Requests for Proposals.
After several meetings and presentations, Town staff directly negotiated a Professional
Services Agreement with Inspire Placemaking Collective to provide General Planning and
Development Review Services. Inspire Placemaking Collective will also be updating the
Town’s Comprehensive Plan.
FISCAL IMPACT:
Based on task orders.
ATTACHMENTS:
Professional Services Agreement
RECOMMENDATION:
Execute a Professional Services Agreement with Inspire Placemaking Collective, Inc. for
General Planning and Development Review Services.
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this ____ day of _________________, 2024,
by and between the Town of Highland Beach, Florida, a Florida municipal corporation, 3614 S.
Ocean Blvd., Highland Beach, FL 33487 ("Town") and Inspire Placemaking Collective, Inc., a
corporation authorized to do business in the State of Florida, 4767 New Broad St., Orlando, FL
32814 ("Consultant").
WITNESSETH:
WHEREAS, the Town is a Florida municipal corporation organized and existing pursuant
to the Charter and the Constitution of the State of Florida; and
WHEREAS, Consultant provides professional planning and development review
services and is interested in providing such services to the Town on a continuing, as-needed
basis; and
WHEREAS, pursuant to Section 33-2(c)(1) of the Town’s procurement code, the Town
desires to enter into a professional services agreement with Consultant for the provision of
professional planning and development review services; and
WHEREAS, the Town finds this Agreement serves a valid public purpose.
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will
accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood
and agreed as follows:
SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated into
this Agreement as true and correct statements.
SECTION 2: CONSULTANT’S SERVICES. The Consultant shall provide consulting services
to the Town as directed by the Town Manager or designee. The general scope of the Consultant’s
services is to provide general planning, development review, and related services. Services will be
authorized by Town issued purchase order, which will include a Town-approved scope of services,
schedule, and fee based on the current rate sheet attached hereto as Exhibit “A”.
SECTION 3: INDEPENDENT CONTRACTOR RELATIONSHIP. No relationship of employer
or employee is created by this Agreement, it being understood that Consultant will act hereunder
as an independent contractor and none of the Consultant’s, officers, directors, employees,
independent contractors, representatives or agents performing services for Consultant pursuant to
this Agreement shall have any claim under this Agreement or otherwise against the Town for
compensation of any kind under this Agreement. The relationship between the Town and
Consultant is that of independent contractors, and neither shall be considered a joint venturer,
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partner, employee, agent, representative or other relationship of the other for any purpose expressly
or by implication.
SECTION 4: TERM, TIME AND TERMINATION.
a. Term. The Term of this Agreement shall be for three (3) years commencing
_____________, 2024, unless earlier terminated as stated herein. The Term of this Agreement may
be renewed by mutual written agreement of the parties for two (2) additional one (1) year terms
upon the same terms and conditions as provided for herein. The Term may be extended for up to
ninety (90) days by written agreement of the parties for services related to those services identified
herein. The Town Manager is authorized to execute such renewals and extensions on behalf of the
Town.
b. Time for Completion. Time is of the essence in the performance of this
Agreement. The Consultant shall at all times carry out its duties and responsibilities as
expeditiously as possible in accordance with or better than industry standards.
c. Force Majeure. Neither party hereto shall be liable for its failure to perform
hereunder due to any circumstances beyond its reasonable control, such as acts of God, wars, riots,
national emergencies, sabotage, strikes, labor disputes, accidents, and governmental laws,
ordinances, rules, or regulations. The Consultant or Town may suspend its performance under this
Agreement as a result of a force majeure without being in default of this Agreement, but upon the
removal of such force majeure, the Consultant or Town shall resume its performance as soon as is
reasonably possible. Upon the Consultant’s request, the Town shall consider the facts and extent
of any failure to perform the services and, if the Consultant’s failure to perform was without its or
its sub-consultants’ fault or negligence, the schedule and/or any other affected provision of this
Agreement may be revised accordingly, subject to the Town’s rights to change, terminate, or stop
any or all of the services at any time. No extension shall be made for delay occurring more than
three (3) days before a notice of delay or claim therefore is made in writing to the Town. In the
case of continuing cause of delay, only one (1) notice of delay or claim is necessary.
d. Termination without cause. Either party may terminate this Agreement at any time
with or without cause by giving not less than sixty (60) days prior written notice of termination.
e. Termination for cause. Either party may terminate this Agreement at any time in
the event that the other party engages in any act or makes any omission constituting a material
breach of any term or condition of this Agreement. The party electing to t erminate this Agreement
shall provide the other party with written notice specifying the nature of the breach. The party
receiving the notice shall then have three (3) business days from the date of the notice in which to
remedy the breach. If such corrective action is not taken within three (3) business days, then this
Agreement shall terminate at the end of the three (3) day period without further notice or demand.
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f. Early Termination. If this Agreement is terminated before the completion of all
services by either party, the Consultant shall:
1. Stop services on the date and to the extent specified in the notice including without
limitation services of any sub-consultants.
2. Transfer all work in progress, completed work, and other materials related to the
terminated services to the Town in the format acceptable to Town.
3. Continue and complete all parts of the services that have not been terminated.
g. Effect of Termination. Termination of this Agreement shall not affect any rights,
obligations, and liabilities of the parties arising out of services provided prior to termination. Town
shall pay Consultant for all services performed under this Agreement through the date of
termination.
h. Termination for Non-appropriation. Notwithstanding the foregoing, the parties
acknowledge and agree that the Town is a municipal corporation of the state of Florida, and as
such, this Agreement (and all Exhibits hereto) are subject to budgeting and appropriation by the
Town of funds sufficient to pay the costs associated herewith in any fiscal year of the Town.
Notwithstanding anything in this Agreement to the contrary, in the event that no funds are
appropriated or budgeted by the Town’s governing board in any fiscal year to pay the costs
associated with the Town’s obligations under this Agreement, or in the event the funds budgeted
or appropriated are, or are estimated by the Town to be, insufficient to pay the costs associated
with the Town’s obligations hereunder in any fiscal period, then the Town will notify Consultant
of such occurrence and either the Town or Consultant may terminate this Agreement by notifying
the other in writing, which notice shall specify a date of termination no earlier than t wenty-four
(24) hours after giving of such notice. Termination in accordance with the preceding sentence
shall be without penalty or expense to the Town of any kind whatsoever; however, Town shall pay
Consultant for all services performed under this Agreement through the date of termination.
SECTION 5: COMPENSATION.
a. Payments. The Town agrees to compensate the Consultant in accordance with the
current rate sheet, attached as Exhibit “A”, and incorporated herein, during the Term of this
Agreement.
b. Invoice. The Consultant shall render an invoice to the Town, on a monthly basis,
for services provided in accordance with this Agreement during the previous month. The invoice
shall specify the services performed and the time spent on same or percent complete for fixed fee,
with sufficient detail for a pre and post audit thereof. All reimbursable expenses shall also be
clearly identified on the Invoice and supporting documentation shall be provided. Invoices for
special projects with a not-to-exceed amount or fixed fee must reflect the amount paid to date, the
amount encumbered by the current invoice, and the amount remaining under the applicable project
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authorization. All payments by the Town to the Consultant will be made in accordance with the
Local Government Prompt Payment Act.
c. Tax. The Town is exempt from payment of Florida State Sales and Use Tax. The
Consultant is not authorized to use the Town’s Tax Exemption Number.
SECTION 6: WARRANTY/GUARANTEE. The Consultant warrants that they will perform their
services using that degree of care and skill ordinarily exercised under similar conditions by
professional consultants practicing in the same field at the same time in the same or similar locality.
The Consultant shall perform its services as expeditiously as is consistent with the professional
skill and care and the orderly progress of the Project.
SECTION 7: INSURANCE. Prior to commencing any services, and without limiting any of the
other obligations or liabilities of the Consultant, the Consultant shall, at his own expense, and shall
require any sub-consultant, at no expense to the Town, provide and maintain in force, for the Term
of this Agreement, the following minimum insurance coverages. Such coverages shall be procured
and maintained with forms and insurers acceptable to the Town. In the case of any claims-made
policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain
such continuous coverage.
a. Worker's Compensation Insurance, as applicable in accordance with Chapter 440, Florida
Statutes, to apply to all of the Consultant’s employees in compliance with the "Worker's
Compensation Law" of the State of Florida and all applicable Federal Laws. This coverage shall
also include Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and
$100,000 per each disease.
b. Commercial General Liability with minimum limits of one million dollars ($1,000,000.00)
per occurrence and two million dollars ($2,000,000.00) general aggregate combined single limit
for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form
no more restrictive than the latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, and must include:
1. Premises and/or Operations
2. Independent Contractors
3. Products and Completed Operations - Consultants shall maintain in force until at
least three years after completion of all services required under this Agreement, coverage for
Products and Completed Operations.
4. Contractual Coverage applicable to this specific Agreement.
5. Personal Injury Coverage with minimum limits of coverage equal to those required
for Bodily Injury Liability.
c. Business Automobile Liability with minimum limits of three hundred thousand dollars
($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property
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Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition
of the Business Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office and must include:
2. Hired and Non-Owned Vehicles
3. Employers' Non-Ownership
d. Professional Liability with minimum limits of one million dollars ($1,000,000.00) per
occurrence and two million dollars ($1,000,000.00) general aggregate. Coverage shall be afforded
on a form acceptable to the Town. Consultant shall insure that sub-consultants used for any portion
of the project, maintain adequate levels of Professional Liability Insurance.
e. Cyber Liability with limits not less than one million dollars ($1,000,000.00) per occurrence
and two million dollars ($1,000,000.00) general aggregate. Coverage shall be sufficiently broad to
respond to the duties and obligations as set forth in the Scope of Services and shall include, but
not be limited to, claims involving data breach, media content, infringement of intellectual
property, invasion of privacy violations, information theft, damage to or destruction of electronic
information, release of private information, alteration of electronic information, extortion and
network security. The policy shall provide coverage for breach response costs as well as regulatory
fines and penalties as well as credit monitoring expenses with sufficient limits to respond to these
obligations.
f. Prior to commencement of services, the Consultant shall provide to the Town Certificates
of Insurance evidencing the insurance coverage specified in this Section. All policies covered
within this Section shall be endorsed to provide the Town with thirty (30) days’ notice of
cancellation and/or restriction. The “Town of Highland Beach, its elected officials, officers,
employees, and attorneys” shall be named as an additional insured on policies referenced in this
Section. The required Certificates of Insurance shall not only name the types of policies provided,
but also shall refer specifically to this Agreement in accordance with which insurance is being
furnished, and shall state that such insurance is as required by this Agreement. The Consultant
shall also make available to the Town a certified copy of the professional liability insurance policy
required by this Section for the Town's review. Upon request, the Consultant shall provide copies
of all other insurance policies.
g. If the initial insurance policies required by this Agreement expire prior to the completion
of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days
prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies
must be endorsed to provide the Town with thirty (30) days’ notice of cancellation and/or
restriction.
h. The Consultant’s insurance, including that applicable to the Town as an Additional Insured,
shall include a waiver of subrogation and apply on a primary and non-contributory basis.
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SECTION 8: INDEMNIFICATION. The Consultant agrees to indemnify and hold harmless the
Town, its elected officials, officers, employees, and attorneys of, from, and against liabilities,
damages, losses and costs, including, but not limited to, reasonable attorney’s fees (at all trial and
appellate levels), to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Consultant, its agents, officers, sub-consultants, employees, or anyone else
employed or utilized by the Consultant in the performance of this Agreement. The Consultant’s
liability hereunder shall include all reasonable attorney’s fees and costs incurred by the Town in
the enforcement of this indemnification provision. This includes claims made by the employees
of the Consultant against the Town and the Consultant hereby waives its entitlement, if any, to
immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall
survive termination of this Agreement and shall not be limited by the amount of any insurance
required to be obtained or maintained under this Agreement.
Nothing contained herein shall be construed as a waiver of any immunity or limitation of liability
the Town may have under the doctrine of sovereign immunity or Section 768.28, Florida Statutes,
as amended from time to time, nor as a consent by the Town to be sued by third parties. The
provisions and limitations set forth in Section 768.28 are deemed to apply to this contractual
agreement to claims or actions arising in tort and/or contract.
PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE
CONSULTANT’S CORPORATION IS THE RESPONSIBLE
PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO
PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL
PROFESSIONAL EMPLOYEE, DIRECTOR, OFFICER, OR
PRINCIPAL SHALL BE INDIVIDUALLY LIABLE FOR
NEGLIGENCE ARISING OUT OF THIS CONTRACT.
SECTION 9: LIMITATION OF LIABILITY. IN NO EVENT WILL EITHER PARTY BE
LIABLE FOR ANY PUNITIVE, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES.
SECTION 10: COMPLIANCE AND DISQUALIFICATION. Each of the parties agrees to
perform its responsibilities under this Agreement in conformance with all laws, regulations and
administrative instructions that relate to the parties’ performance of this Agreement.
SECTION 11: PERSONNEL. The Consultant has or will secure, at its own expense, all necessary
personnel required to perform the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the Town. All the services required
hereunder shall be performed by the Consultant or under its supervision, and all personnel engaged
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in performing the services shall be fully qualified and authorized or permitted under federal, state
and local law to perform such services.
SECTION 12: SUB-CONSULTANTS. The Town reserves the right to accept the use of a sub-
consultant or to reject the selection of a particular sub-consultant and approve all qualifications of
any sub-consultant in order to make a determination as to the capability of the sub-consultant to
perform properly under this Agreement. All sub-consultants providing professional services to the
Consultant under this Agreement will also be required to provide their own insurance coverage
identical to those contained in this Agreement. In the event that a sub-consultant does not have
insurance or does not meet the insurance limits as stated in this Agreement, the Consultant shall
indemnify and hold the Town harmless for any claim in excess of the sub-consultant’s insurance
coverage arising out of the negligent acts, errors or omissions of the sub -consultant. The
Consultant shall not charge an administrative fee or surcharge on any sub-consultant’s services;
all sub-consultant costs shall be a direct pass-through cost to the Town.
SECTION 13: ASSIGNMENT. The Town and the Consultant each binds itself and its partners,
successors, legal representatives, and assigns to the other party to this Agreement and to the
partners, successors, legal representatives, and assigns of such other party, in respect to all
covenants of this Agreement; and, neither the Town nor the Consultant will assign or transfer their
interest in this Agreement without the written consent of the other.
SECTION 14: EQUAL OPPORTUNITY EMPLOYMENT. Consultant agrees that it will not
discriminate against any employee or applicant for employment for work under this Agreement
because of race, color, religion, sex, age, disability, marital status, sexual orientation, ancestry, or
national origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion or transfer; recruitment advertising; lay-off or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The Consultant
agrees to post in conspicuous places, available to employees and applicants for employment,
notices setting forth this non-discrimination clause. This provision applies to all Consultant’s
subcontractors and it is the responsibility of Consultant to ensure sub-contractor's compliance.
SECTION 15: INTEREST OF THE CONSULTANT.
a. The Consultant covenants that it presently has no interest and shall not acquire any interest,
direct or indirect, in any services to which this Agreement pertains or any other interest which
would conflict in any manner or degree with the performance of its services hereunder. The
Consultant further covenants that in the performance of this Agreement, no person having such
interest shall be employed.
b. The Consultant shall not perform any services for any private sector clients, including, but
not limited to, developers, corporations, and real estate investors, on projects within the
jurisdictional boundaries of the Town.
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c. The Consultant acknowledges that, in the course of performing under this Agreement, it
may originate, develop, receive or otherwise become aware of knowledge and information
concerning the Town and its plans and that all such knowledge and information, whether oral or
written which is developed or acquired by, or communicated or delivered to the Consultant, or of
which the Consultant may otherwise become aware are and shall be and remain the confidential
information of the Town (“Confidential Information”), unless otherwise deemed “public” by law.
The Consultant will not use or disclose any information concerning a recipient of services under
this Agreement for any purpose not in conformity with state statute and applicable federal
regulations (“Recipient Information”). The Consultant further acknowledges that, in the course of
performing the services under this Agreement, it may have access to certain other information that
relates, directly or indirectly, to statistical, business or technical research, development, trade
secrets, processes, formulae, specifications, programs, software packages, technical know-how,
methods and procedures of operation, business or confidential plans (“Proprietary Information”).
The Consultant affirms that it will not disclose any Confidential Information, Recipient
Information, or Proprietary Information and that if it determines that there could be a conflict, or
potential conflict of interest, the Consultant and/or its agents will immediately advise the Town
Manager.
d. The Consultant shall not review or perform any services regarding any application made
to the Town by any client of the Consultant, even if the services the Consultant performs for such
client are unrelated to the Town. In such instance, the Consultant shall disclose the relationship
immediately to the Town Manager, who may retain an alternate consultant for those services.
Consultant will ensure it does not invoice the Town for such services, including adjusting any
fixed fee to cover the cost of the alternate consultant required to complete the work.
e. Neither the Consultant nor any of its employees, agents, or sub-consultants performing
under this Agreement shall have or hold any employment or contractual relationship that is
antagonistic or incompatible with the Consultant’s loyal and conscientious exercise of judgment
related to its performance under this Agreement.
f. The Consultant shall immediately notify the Town if issues are discovered by the
Consultant that may adversely impact the Town.
g. The Consultant further agrees to use best efforts to maintain open, honest and direct
communication with the Town Manager and Town Attorney in the performance of the services
required pursuant to this Agreement.
SECTION 16: COMPLIANCE WITH LAWS. The Consultant shall comply with the applicable
requirements of State and applicable federal, state, and local laws, including all Codes and
Ordinances of the Town as amended from time to time, and that exist at the time of building permit
issuance.
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SECTION 17: ACCESS AND AUDITS. The Consultant shall maintain adequate records to
justify all payments made by the Town under this Agreement for at least three (3) years after
completion of this Agreement and longer if required by applicable federal or state law. The Town
shall have access to such books, records, and documents as required in this section for the purpose
of inspection or audit during normal business hours, at the Consultant’s place of business. In no
circumstances will Consultant be required to disclose its confidential or proprietary information
regarding its products and service costs.
SECTION 18: AUTHORITY TO PRACTICE. The Consultant hereby represents and warrants
that it has and will continue to maintain all licenses and approvals required to conduct its business
and provide the services required under this Agreement, and that it will at all times conduct its
business and provide the services under this Agreement in a reputable manner and consistent with
all applicable laws, including without limitation, Florida’s Public Records Act, Chapter 119,
Florida Statutes. Proof of such licenses and approvals shall be submitted to the Town upon request.
SECTION 19: SEVERABILITY. If any term or provision of this Agreement, or the application
thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to
remainder of this Agreement, or the application of such terms or provision, to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected,
and every other term and provision of this Agreement shall be deemed valid and enforceable to
the extent permitted by law.
SECTION 20: PUBLIC ENTITY CRIMES. As provided in Sections 287.132-133, Florida
Statutes, as amended from time to time, by entering into this Agreement, Consultant certifies that
it, its affiliates, suppliers, sub-consultants, and any other contractors who will perform hereunder,
have not been placed on the convicted vendor list maintained by the State of Florida Department
of Management Services within the thirty-six (36) months immediately preceding the date of this
Agreement. The Consultant is under a continuing obligation for the term of this Agreement to
immediately notify the Town of any violation of this provision.
SECTION 21: SCRUTINIZED COMPANIES.
a. As provided in Section 287.135, Florida Statutes, as amended from time to time, by
entering into this Agreement, Consultant certifies that it and its subconsultants are not on the
Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. The Town and
Consultant agree that the Town will have the right to immediately terminate this Agreement if
Consultant is found to have submitted a false certification, or if the Consultant or any of its
subconsultants have been placed on the Scrutinized Companies that Boycott Israel List or are
engaged in a boycott of Israel.
b. If this contract is for one million dollars or more, the Consultant certifies that Consultant
and its subconsultants are not on the Scrutinized Companies with Activities in Sudan List, the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List , the Scrutinized
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Companies with Activities in the Iran Terrorism Sectors List and have not been engaged in
business operations in Cuba or Syria. The Town may immediately terminate this Agreement if the
Consultant is found to have submitted a false certification, or if the Consultant or any of its
subconsultants are placed on the Scrutinized Companies with Activities in Sudan List , the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List , the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List or are or have been engaged with
business operations in Cuba or Syria during the term of this Agreement.
c. Subject to limited exceptions provided in state law, the Town will not contract for the
provision of goods or services with any scrutinized company referred to above. The Consultant is
under a continuing obligation for the term of this Agreement to immediately notify the Town of
any violation of this provision.
SECTION 22: NOTICE. All notices required in this Agreement shall be sent by hand-delivery,
certified mail (RRR), or by nationally recognized overnight courier, and if sent to the TOWN shall
be sent to:
Town of Highland Beach
Attn: Town Manager
3614 S. Ocean Boulevard
Highland Beach, FL 33487
and if sent to the Consultant, shall be sent to:
Inspire Placemaking Collective, Inc.
Attn: Christina Miller, Senior Project Manager
25 NE 2nd Avenue
Suite 414
Miami, FL 33131
The foregoing names and addresses may be changed if such change is provided in writing to the
other party. Notice shall be deemed given upon receipt.
SECTION 23: ENTIRETY OF AGREEMENT. The Town and the Consultant agree that this
Agreement sets forth the entire agreement between the parties, and that there are no promises or
understandings other than those stated herein. None of the provisions, terms and conditions
contained in this Agreement may be added to, modified, superseded or otherwise altered, except
by written instrument executed by the parties hereto.
SECTION 24: WAIVER. Failure of a party to enforce or exercise any of its right(s) under this
Agreement shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s)
at any time thereafter.
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SECTION 25: PREPARATION AND NON-EXCLUSIVE. This Agreement shall not be
construed more strongly against either party regardless of who was more responsible for its
preparation. This is a non-exclusive Agreement and the Town reserves the right to contract with
individuals or firms to provide the same or similar services.
SECTION 26: NO THIRD PARTY BENEFICIARIES. There are no third -party beneficiaries
under this Agreement.
SECTION 27: MATERIALITY. All provisions of the Agreement shall be deemed material. In
the event Consultant fails to comply with any of the provisions contained in this Agreement or
exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach
of this Agreement and Town may at its option provide notice to the Consultant to terminate for
cause.
SECTION 28: LEGAL EFFECT. This Agreement shall not become binding and effective until
approved by the Town Manager.
SECTION 29: NOTICE OF COMPLAINTS, SUITS AND REGULATORY VIOLATIONS.
Each party will promptly notify the other of any complaint, claim, suit or cause of action threatened
or commenced against it which arises out of or relates, in any manner, to the performance of this
Agreement. Each party agrees to cooperate with the other in any investigation either may conduct,
the defense of any claim or suit in which either party is named, and shall do nothing to impair or
invalidate any applicable insurance coverage.
SECTION 30: SURVIVABILITY. Any provision of this Agreement which is of a continuing
nature or imposes an obligation which extends beyond the term of this Agreement shall survive its
expiration or earlier termination.
SECTION 31: COUNTERPARTS. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, and will become effective and binding upon the parties
as of the effective date at such time as all the signatories hereto have signed a counterpart of this
Agreement.
SECTION 32: PALM BEACH COUNTY IG. Palm Beach County has established the Office of
Inspector General in Palm Beach County Code, Sections 2-421 - 2-440, as may be amended. The
Inspector General’s authority includes, but is not limited to, the power to review past, present and
proposed Town contracts, transactions, accounts and records, to require the production of records,
and to audit, investigate, monitor, and inspect the activities of the Town and its agents in order to
ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate
with the Inspector General or interfering with or impeding any investigation shall be a breach of
this Agreement and may result in termination of this Agreement or other sanctions or penalties as
set forth in the Palm Beach County Code.
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SECTION 33: AGREEMENT DOCUMENTS AND CONTROLLING PROVISIONS. This
Agreement consists of this Agreement and Exhibits “A” and “B”. The parties agree to be bound
by all the terms and conditions set forth in the aforementioned documents. To the extent that there
exists a conflict between the terms and conditions of this Agreement and the Exhibits, the terms
and conditions of this Agreement shall prevail. Wherever possible, the provisions of such
documents shall be construed in such a manner as to avoid conflicts between provisions of the
various documents.
SECTION 34: OWNERSHIP OF DELIVERABLES. The deliverables, work product,
specifications, calculations, supporting documents, or other work products which are listed as
deliverables by the Consultant in Exhibits “A” and “B” to the Town shall become the property of
the Town. The Consultant may keep copies or samples thereof and shall have the right to use the
same for its own purposes. The Town accepts sole responsibility for the reuse of any such
deliverables in a manner other than as initially intended or for any use of incomplete documents.
SECTION 35: REPRESENTATIONS AND BINDING AUTHORITY. By signing this
Agreement, the undersigned on behalf of the Consultant hereby represents to the Town that he or
she has the authority and full legal power to execute this Agreement and any and all documents
necessary to effectuate and implement the terms of this Agreement on behalf of the Consultant for
whom he or she is signing and to bind and obligate such party with respect to all provisions
contained in this Agreement.
SECTION 36: DISPUTE RESOLUTION. All claims arising out of this Agreement or its breach
shall be submitted first to mediation. The parties shall share the mediator’s fee equally. The
mediator shall be a Florida Supreme Court Certified mediator. The mediation shall be held in Palm
Beach County, Florida. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof. The Consultant hereby covenants, consents
and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. This
Agreement shall be governed by the laws of Florida with venue for dispute resolution in Palm
Beach County. Each party shall be responsible for its own attorney’s fees and costs in any dispute
arising out of or related to this Agreement. TO ENCOURAGE PROMPT AND EQUITABLE
RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHT TO A
TRIAL BY JURY IN ANY LITIGATION RELATED TO OR ARISING OUT OF THIS
AGREEMENT.
SECTION 37: REMEDIES. No remedy herein conferred upon any party is intended to be
exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be
in addition to every other remedy given hereunder or now hereafter existing at law or in equity or
by statute or otherwise. No single or partial exercise by any party of any right, power or remedy
hereunder shall preclude any other or further exercise thereof.
SECTION 38: E-VERIFY. Pursuant to Section 448.095(5), Florida Statutes, Consultant shall:
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a. Register with and use the E-Verify system to verify the work authorization status
of all newly hired employees and require all sub-consultants (providing services or receiving
funding under this Agreement) to register with and use the E-Verify system to verify the work
authorization status of all the sub-consultants’ newly hired employees;
b. Secure an affidavit from all sub-consultants (providing services or receiving
funding under this Agreement) stating that the subcontractor does not employ, contract with, or
subcontract with unauthorized aliens;
c. Maintain copies of all sub-consultant affidavits for the duration of this Agreement;
d. Comply fully, and ensure all of its subcontractors comply fully, with Section
448.095, Florida Statutes;
e. Be aware that a violation of Section 448.09, Florida Statutes (Unauthorized aliens;
employment prohibited) shall be grounds for termination of this Agreement; and
f. Be aware that if the Town terminates this Agreement under Section 448.095(5)(c),
Florida Statutes, Consultant may not be awarded a public contract for at least one (1) year after the
date on which this Agreement is terminated and will be liable for any additional costs incurred by
the Town as a result of termination of this Agreement.
SECTION 39: PUBLIC RECORDS. Consultant shall comply with Florida’s Public Records Act,
Chapter 119, Florida Statutes, and specifically agrees to:
a. Keep and maintain public records required by the Town to perform the service.
b. Upon request from the Town’s custodian of public records or designee, provide the
Town with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,
or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
this Agreement and following completion of this Agreement if the Consultant does not transfer the
records to the Town.
d. Upon completion of this Agreement, transfer, at no cost, to the Town all public
records in possession of the Consultant or keep and maintain public records required by the Town
to perform the service. If the Consultant transfers all public records to the Town upon completion
of this Agreement, the Consultant shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Consultant keeps and
maintains public records upon completion of this Agreement, the Consultant shall meet all
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applicable requirements for retaining public records. All records stored electronically must be
provided to the Town, upon request from the Town’s custodian of public records or designee, in a
format that is compatible with the information technology systems of the Town.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS OR DESIGNEE AT 561-278-4548, lgaskins@highlandbeach.us,
OR BY MAIL AT TOWN OF HIGHLAND BEACH, 3614 S. OCEAN
BOULEVARD, HIGHLAND BEACH, FL 33487.
SECTION 40: COMPLAINCE WITH SECTION F.S. 787.06. The Consultant, by signing this
Agreement as set forth below, attests that the Consultant does not use coercion for labor or services
as defined in section 787.06, Florida Statutes.
IN WITNESS WHEREOF, the Town has caused these presents to be executed in its name
by its Town Manager, and attested and its official Seal to be hereunto affixed by its Town Clerk,
and the Consultant has hereunto set its hand and Seal the day and year first written above.
[Signatures follow on next page]
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CONSULTANT:
Inspire Placemaking Collective, Inc., a Florida
corporation
By: ________________________________
George Kramer, President
STATE OF _______________________)
COUNTY OF _____________________)
Subscribed before me by means of [ ] physical presence or [ ] online notarization, this
______________ this ____________ day of ________, 2024, by George Kramer as President of
Inspire Placemaking Collective, Inc., a company authorized to do business in the State of Florida,
[ ] who is personally known to me or [ ] who produced ____________________________ as
identification, and who did take an oath that the facts stated with regard to section 787.06, Florida
Statutes, are true and correct, and that he or she is duly authorized to execute the foregoing instrument and
bind Inspire Placemaking Collective, Inc. to the same.
(Signature of Notary Public-State of Florida)
____________________________________
(Print, type, or stamp commissioned name of
Notary public)
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TOWN OF HIGHLAND BEACH
By:_____________________________
Natasha Moore, Mayor
ATTEST:
____________________________
Lanelda Gaskins, Town Clerk
Approved as to form and legal sufficiency:
________________________________
Office of the Town Attorney
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Exhibit “A”
Rate Sheet
Classification Hourly Rate
Principal $200.00 to $350.00
Project Manager $165.00 to $225.00
Deputy Project Manager $130.00 to $165.00
Senior Landscape Architect/Senior Planner $145.00 to $210.00
Senior Graphic Designer $135.00 to $185.00
Landscape Architect/Urban Designer/Planner $100.00 to $165.00
Landscape Designer/Planning Technician $90.00 to $130.00
Graphic Designer $70.00 to $90.00
Administrative $55.00 to $85.00
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File Attachments for Item:
B. Approve and authorize the Mayor to execute a professional services agreement
between Projected Point, Inc. and the Town of Highland Beach for outsourced finance
director services.
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TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE 11/19/2024
SUBMITTED BY: Marshall Labadie, Town Manager
SUBJECT: Professional Services Agreement Between Projected Point, Inc. and the
Town of Highland Beach for Outsourced Finance Director Services.
SUMMARY:
Mr. David DiLena, Finance Director, has experienced a significant change in life and will be
relocating his permanent residence to the west side of the state. Despite this move, Mr. DiLena has
expressed his desire to continue serving in his capacity as Finance Director, but in a modified role via
a contract with his firm, Projected Point.
As part of this transition, Mr. DiLena will continue to oversee the Finance Department’s operations
remotely, ensuring that there is no disruption in services or continuity. He will attend key meetings in
person as needed, but otherwise manage day-to-day responsibilities and provide support remotely.
Staff are supportive of this arrangement, as it allows us to retain Mr. DiLena's expertise and leadership
while maintaining a seamless workflow in the Finance Department.
FISCAL IMPACT:
Reduction to personnel expense.
ATTACHMENTS:
Professional Services Agreement between Project Point, Inc. and the Town of Highland
Beach for Outsourced Finance Director Services.
2024 Proposal from Projected Point, Inc. for Outsourced Finance Director Services.
RECOMMENDATION:
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Approval of Professional Services Agreement between Project Point, Inc. and the Town of
Highland Beach for Outsourced Finance Director Services.
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1
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this ____ day of _________________, 2024,
by and between the Town of Highland Beach, Florida, a Florida municipal corporation ("Town"),
with its office located at 3614 S. Ocean Boulevard, Florida 33487 and Projected Point, Inc., a
Florida corporation (“Consultant”), with a mailing address of 17105 Crowley Avenue, Port
Charlotte, FL 33954.
RECITALS
WHEREAS, the Town is a Florida municipal corporation organized and existing pursuant
to the Charter and the Constitution of the State of Florida; and
WHEREAS, the Town desires to engage the Consultant to perform certain professional
services regarding outsourced Finance Director services in accordance with this Agreement; and
WHEREAS, the Consultant has the experience and skills necessary and desires to provide
such professional services in accordance with this Agreement; and
WHEREAS, pursuant to Section 33-2(c)(1) of the Town’s procurement code, the Town
desires to enter into a professional services agreement with Consultant for the provision of
Finance Director services; and
WHEREAS, the Town finds this Agreement serves a valid public purpose.
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will
accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood
and agreed as follows:
SECTION 1: INCORPORATION OF RECITALS. The foregoing Recitals are incorporated
into this Agreement as true and correct statements.
SECTION 2: CONSULTANT’S SERVICES. The Consultant shall provide Finance Director
services to the Town as directed by the Town Manager or designee, in accordance with Section
3.02 of the Town Charter and Section 2-54 of the Town Code of Ordinances. The general scope
of the Consultant’s services is to manage and supervise the financial operations of the Town to
ensure accurate, timely, and compliant financial services as set forth in the Scope of Services,
attached hereto as Exhibit A and incorporated herein.
SECTION 3: TERM, TIME AND TERMINATION.
a. Term. The term of this Agreement shall be for an initial term of three (3) years
commencing on December 2nd, 2024, and may be renewed by mutual agreement
of the parties for two (2) additional one (1) year renewal terms, unless earlier
terminated as stated herein. The term may be further extended by written
amendment of the parties. The Town Manager has authority to approve renewals.
b. Annual Adjustment:
Beginning on October 1, and each October 1st thereafter, the compensation
outlined in this Agreement shall be adjusted annually based on the percentage
change in the Regional Consumer Price Index (CPI) for the Miami-Fort
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Lauderdale-West Palm Beach MSA (Series ID: CUURS35BSA0,
CUUSS35BSA0), as measured on June 1st of the respective year. The percentage
increase shall never be less than three percent (3%), regardless of CPI
fluctuations, and if the CPI reflects a lower percentage increase , a minimum
annual increase of 3% will still apply. The adjusted compensation will take effect
for the upcoming contract year beginning October 1st.
c. Time for Completion. Time is of the essence in the performance of this
Agreement. The Consultant shall at all times carry out its duties and responsibilities as
expeditiously as possible and in accordance with industry standards and the Scope of Services set
forth in Exhibit A.
d. Force Majeure. Neither party hereto shall be liable for its failure to perform
hereunder due to any circumstances beyond its reasonable control, such as acts of God, wars, riots,
national emergencies, sabotage, strikes, labor disputes, accidents, and governmental laws,
ordinances, rules, or regulations. The Consultant or Town may suspend its performance under this
Agreement as a result of a force majeure without being in default of this Agreement, but upon the
removal of such force majeure, the Consultant or Town shall resume its performance as soon as is
reasonably possible. Upon the Consultant’s request, the Town shall consider the facts and extent
of any failure to perform the services and, if the Consultant’s failure to perform was without its or
its subconsultants’ fault or negligence, the schedule and/or any other affected provision of this
Agreement may be revised accordingly, subject to the Town’s rights to change, terminate, or stop
any or all of the services at any time. No extension shall be made for delay occurring more than
three (3) days before a notice of delay or claim therefore is made in writing to the Town. In the
case of continuing cause of delay, only one (1) notice of delay or claim is necessary.
e. Termination without cause. The Town may terminate this Agreement at any time
with or without cause by giving not less than sixty days(60) written notice of termination.
f. Termination for cause. Either party may terminate this Agreement at any time in
the event that the other party engages in any act or makes any omission constituting a material
breach of any term or condition of this Agreement. The party electing to terminate this Agreement
shall provide the other party with written notice specifying the nature of the breach. The party
receiving the notice shall then have ten (10) days from the date of the notice in which to remedy
the breach. If such corrective action is not taken within ten (10) days, then this Agreement may be
terminated by notice sent by the non-breaching party to the other party at the end of the ten (10)
day period.
g. Early Termination. If this Agreement is terminated before the completion of all
services by either party, the Consultant shall:
1. Stop services on the date and to the extent specified in the notice including without
limitation services of any subconsultants.
2. Transfer all work in progress, completed work, and other materials related to the
terminated services to the Town in the format acceptable to Town.
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3. Continue and complete all parts of the services that have not been terminated.
h. Effect of Termination. Termination of this Agreement shall not affect any
rights, obligations, and liabilities of the parties arising out of services provided prior to termination.
The Town shall pay Consultant for all services performed under this Agreement through the date
of termination.
i. Termination for Non-appropriation. Notwithstanding the foregoing, the parties
acknowledge and agree that the Town is a municipal corporation of the state of Florida, and as
such, this Agreement (and all Exhibits hereto) are subject to budgeting and appropriation by the
Town of funds sufficient to pay the costs associated herewith in any fiscal year of the Town.
Notwithstanding anything in this Agreement to the contrary, in the event that no funds are
appropriated or budgeted by the Town’s governing board in any fiscal year to pay the costs
associated with the Town’s obligations under this Agreement, or in the event the funds budgeted
or appropriated are, or are estimated by the Town to be, insufficient to pay the costs associated
with the Town’s obligations hereunder in any fiscal period, then the Town will notify Consultant
of such occurrence and either the Town or Consultant may terminate this Agreement by notifying
the other in writing, which notice shall specify a date of termination no earlier than twenty-four
(24) hours after giving of such notice. Termination in accordance with the preceding sentence
shall be without penalty or expense to the Town of any kind whatsoever; however, Town shall pay
Consultant for all services performed under this Agreement through the date of termination.
SECTION 4: COMPENSATION.
a. Payments. The Town agrees to compensate the Consultant in accordance with the
rates included in the Scope of Services Exhibit A and incorporated herein by this reference. No
reimbursable expenses shall be paid without prior approval.
b. Invoices. The Consultant shall render an invoice to the Town, on a monthly basis,
for services provided in accordance with this Agreement during the previous month. The invoice
shall specify the services performed and the time spent on same, with sufficient detail for a pre
and post audit thereof. All payments by the Town to the Consultant will be made in accor dance
with the Local Government Prompt Payment Act.
c. Tax. The Town is exempt from payment of Florida State Sales and Use Tax. The
Consultant is not authorized to use the Town’s Tax Exemption Number.
SECTION 5: WARRANTY/GUARANTEE. The Consultant warrants that the services
provided under this Agreement will be performed to that degree of care and skill ordinarily
exercised, under similar circumstances, by reputable members of its profession practicing in the
same or similar locality at the time the services are provided. The Town shall not be responsible
for the payment of any costs or fees incurred by the Consultant for the Consultant’s correction of
any errors in the services performed. Promptly after receipt of notice from the Town, the
Consultant shall correct all defective services and/or perform such services again at no additional
expense to the Town.
SECTION 6: INDEPENDENT CONTRACTOR RELATIONSHIP. No relationship of
employer or employee is created by this Agreement, it being understood that Consultant will act
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hereunder as an independent contractor and none of the Consultant’s, officers, directors,
employees, independent contractors, representatives or agents performing services for Consultant
pursuant to this Agreement shall have any claim under this Agreement or otherwise against the
Town for compensation of any kind under this Agreement. The relationship between the Town
and Consultant is that of independent contractors, and neither shall be considered a joint venturer,
partner, employee, agent, representative or other relationship of the other for any purpose expressly
or by implication.
SECTION 7: INSURANCE. Prior to commencing any services, and without limiting any of the
other obligations or liabilities of the Consultant, the Consultant shall, at its own expense, and shall
require any subconsultant, at no expense to the Town, provide and maintain in force, for the Term
of this Agreement, the following minimum insurance coverages. Such coverages shall be procured
and maintained with forms and insurers acceptable to the Town. In the case of any claims-made
policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain
such continuous coverage.
a. Worker's Compensation Insurance, as applicable in accordance with Chapter 440,
Florida Statutes, to apply to all of the Consultant’s employees in compliance with the "Worker's
Compensation Law" of the State of Florida and all applicable Federal Laws. However, if the
Consultant qualifies for an exemption under the Florida Workers' Compensation Law, the
Consultant may be exempt from the requirement to carry Worker’s Compensation Insurance. In
such cases, the Consultant must provide the proper exemption documentation issued by the Florida
Department of Financial Services.
b. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence
and $100,000 per each disease.
c. Commercial General Liability with minimum limits of one million dollars
($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate
combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must
be afforded on a form no more restrictive than the latest edition of the Comprehensive General
Liability policy, without restrictive endorsements, and must include:
1. Premises and/or Operations
2. Independent Contractors
3. Products and Completed Operations - Consultant shall maintain in force until at
least three years after completion of all services required under this Agreement,
coverage for Products and Completed Operations.
4. Contractual Coverage applicable to this specific Agreement.
5. Personal Injury Coverage with minimum limits of coverage equal to those required
for Bodily Injury Liability.
e. Professional Liability with minimum limits of one million dollars ($1,000,000.00)
per occurrence and two million dollars ($2,000,000.00) general aggregate. Coverage shall be
afforded on a form acceptable to the Town. Consultant shall insure that subconsultants used for
any portion of the project, maintain adequate levels of Professional Liability Insurance.
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f. Cyber Liability with limits not less than $1,000,000 per occurrence or claim,
$2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations
as set forth in the Scope of Services and shall include, but not be limited to, claims involving data
breach, media content, infringement of intellectual property, invasion of privacy violations,
information theft, damage to or destruction of electronic information, release of private
information, alteration of electronic information, extortion and network security. The policy shall
provide coverage for breach response costs as well as regulatory fines and penalties as well as
credit monitoring expenses with sufficient limits to respond to these obligations.
g. Prior to commencement of services, the Consultant shall provide to the Town
Certificates of Insurance evidencing the insurance coverage specified in this Section. All policies
covered within this Section shall be endorsed to provide the Town with thirty (30) days’ notice of
cancellation and/or restriction. The “Town of Highland Beach, its elected officials, officers,
employees, and attorneys” shall be named as an additional insured as to Consultant’s liability on
policies referenced in this Section other than workers’ compensation coverage. The required
Certificates of Insurance shall not only name the types of policies provided, but also shall refer
specifically to this Agreement in accordance with which insurance is being furnished, and shall
state that such insurance is as required by this Agreement. The Consultant shall also make
available to the Town a certified copy of the professional liability insurance policy required by this
Section for the Town's review. Upon request, the Consultant shall provide copies of all other
insurance policies.
h. If the initial insurance policies required by this Agreement expire prior to the
completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty
(30) days prior to the date of their ex piration. For Notice of Cancellation and/or Restriction; the
policies must be endorsed to provide the Town with thirty (30) days’ notice of cancellation and/or
restriction.
i. The Consultant’s insurance, including that applicable to the Town as an Additional
Insured, shall include a waiver of subrogation and apply on a primary and non-contributory basis.
j. Consultant shall ensure that subconsultants used for any portion of the services
maintain the same insurance as is required of the Consultant herein.
SECTION 8: INDEMNIFICATION. The Consultant agrees to indemnify and hold harmless
the Town, its elected officials, officers, employees, and attorneys of, from, and against liabilities,
damages, losses and costs, including, but not limited to, reasonable attorney’s fees (at all trial and
appellate levels), to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the Consultant, its agents, officers, subconsultants, employees, or anyone else employed
or utilized by the Consultant in the performance of this Agreement. The Consultant’s liability
hereunder shall include all reasonable attorneys fees and costs incurred by the Town in the
enforcement of this indemnification provision. This includes claims made by the employees of
the Consultant against the Town and the Consultant hereby waives its entitlement, if any, to
immunity under Section 440.11, Florida Statutes. This also includes claims involving
infringement upon any copyright, patent, trade secret, or other intellectual property, proprietary,
or ownership interest or legal rights of any third party. The obligations contained in this provision
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shall survive termination of this Agreement and shall not be limited by the amount of any insurance
required to be obtained or maintained under this Agreement.
SECTION 9: LIMITATION OF LIABILITY. IN NO EVENT WILL EITHER PARTY BE
LIABLE FOR ANY PUNITIVE, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES WHETHER OR NOT CAUSED BY THE
OTHER PARTY’S NEGLIGENCE EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Nothing contained in this Agreement shall be construed as a waiver of any immunity or limitation
of liability the Town may have under the doctrine of sovereign immunity or Section 768.28,
Florida Statutes, as amended from time to time, nor as a consent by the Town to be sued by third
parties. The provisions and limitations set forth in Section 768.28 are deemed to apply to this
Agreement to claims or actions arising in tort and/or contract.
SECTION 10: COMPLIANCE AND DISQUALIFICATION. Each of the parties agrees to
perform its responsibilities under this Agreement in conformance with all laws, regulations and
administrative instructions that relate to the parties’ performance of this Agreement.
SECTION 11: PERSONNEL. The Consultant has or will secure, at its own expense, all
necessary personnel required to perform the services under this Agreement. Such personnel shall
not be employees of or have any contractual relationship with the Town. All the services required
hereunder shall be performed by the Consultant or under its supervision, and all personnel engaged
in performing the services shall be fully qualified and authorized or permitted under federal, state
and local law to perform such services. The parties agree that David DiLena will perform the work
of the Consultant under this Agreement. No substitution of David DiLena may be made without
prior written approval by the Town Manager.
SECTION 12: SUBCONSULTANTS. The Town reserves the right to accept the use of a
subconsultant or to reject the selection of a particular subconsultant and approve all qualifications
of any subconsultant in order to make a determination as to the capability of the subconsultant to
perform properly under this Agreement. All subconsultants providing professional services to the
Consultant under this Agreement will also be required to provide their own insurance coverage
identical to those contained in this Agreement. In the event that a subconsultant does not have
insurance or does not meet the insurance limits as stated in this Agreement, the Consultant shall
indemnify and hold the Town harmless for any claim in excess of the subconsultant’s insurance
coverage arising out of the negligent acts, errors or omissions of the subconsultant. The Consultant
shall not charge an administrative fee or surcharge on any subconsultant’s services; all
subconsultant costs shall be a direct pass-through cost to the Town.
SECTION 13: SUCCESSORS AND ASSIGNMENT. The Town and the Consultant each
binds itself and its partners, successors, legal representatives, and assigns to the other party to this
Agreement and to the partners, successors, legal representatives, and assigns of such other party,
in respect to all covenants of this Agreement; and, neither the Town nor the Consultant will assign
or transfer their interest in this Agreement without the written consent of the other.
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SECTION 14: EQUAL OPPORTUNITY EMPLOYMENT. Consultant agrees that it will
not discriminate against any employee or applicant for employment for work under this Agreement
because of race, color, religion, sex, age, disability, marital status, sexual orientation, ancestry, or
national origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion or transfer; recruitment advertising; lay-off or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The Consultant
agrees to post in conspicuous places, available to employees and applicants for employment,
notices setting forth this non-discrimination clause. This provision applies to all Consultant’s
subcontractors and it is the responsibility of Consultant to ensure sub-contractor's compliance.
SECTION 15: INTEREST OF THE CONSULTANT. The Consultant covenants that it
presently has no interest and shall not acquire any interest, direct or indirect, in any services to
which this Agreement pertains or any other interest which would conflict in any manner or degree
with the performance of its services hereunder. The Consultant further covenants that in the
performance of this Agreement, no person having such interest shall be employed.
SECTION 16: COMPLIANCE WITH LAWS. The Consultant shall comply with the
applicable requirements of State and applicable federal, state, and local laws, rules and regulations
including all Codes and Ordinances of the Town as amended from time to time.
SECTION 17: ACCESS AND AUDITS. The Consultant shall maintain adequate records to
justify all payments made by the Town under this Agreement for at least three (3) years after
completion of this Agreement and longer if required by applicable federal or state law. The Town
shall have access to such books, records, and documents as required in this section for the purpose
of inspection or audit during normal business hours, at the Consultant’s place of business. In no
circumstances will Consultant be required to disclose any confidential or proprietary information
regarding its products and service costs except as required by law or by order of a court with
jurisdiction.
SECTION 18: AUTHORITY TO PRACTICE. The Consultant hereby represents and warrants
that it has and will continue to maintain all licenses and approvals required to conduct its business
and provide the services required under this Agreement, and that it will at all times conduct its
business and provide the services under this Agreement in a reputable manner and consistent with
all applicable laws, including without limitation, Florida’s Public Records Act, Chapter 119,
Florida Statutes. Proof of such licenses and approvals shall be submitted to the Town upon request.
SECTION 19: SEVERABILITY. If any term or provision of this Agreement, or the application
thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to
remainder of this Agreement, or the application of such terms or provision, to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected,
and every other term and provision of this Agreement shall be deemed valid and enforceable to
the extent permitted by law.
SECTION 20: PUBLIC ENTITY CRIMES. As provided in Sections 287.132-133, Florida
Statutes, as amended from time to time, by entering into this Agreement, Consultant acknowledges
and agrees that a person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to
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provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be
awarded or perform work as a contractor, supplier or sub -contractor under a contract with any
public entity; and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list. Consultant will advise the
Town immediately if it becomes aware of any violation of this statute.
SECTION 21: SCRUTINIZED COMPANIES. As provided in Section 287.135, Florida
Statutes, as amended from time to time, by entering into this Agreement, Consultant certifies that
it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List or engaged
in a boycott of Israel. The Town and Consultant agree that the Town will have the right to
immediately terminate this Agreement if Consultant is found to have submitted a false
certification, or if the Consultant or any of its subcontractors have been placed on the Scrutinized
Companies that Boycott Israel List or are engaged in a boycott of Israel.
If this contract is for one million dollars or more, the Consultant certifies that Consultant and its
subconsultants are not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies
with Activities in the Iran Terrorism Sectors List and have not been engaged in business operations
in Cuba or Syria. The Town may immediately terminate this Agreement if the Consultant is found
to have submitted a false certification, or if the Consultant or any of its subconsultants are placed
on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies with Activities in
the Iran Terrorism Sectors List or are or have been engaged with business operations in Cuba or
Syria during the term of this Agreement.
Subject to limited exceptions provided in state law, the Town will not contract for the provision of
goods or services with any scrutinized company referred to above. The Consultant is under a
continuing obligation for the term of this Agreement to immediately notify the Town of any
violation of this provision.
SECTION 22: NOTICE. All notices required in this Agreement shall be sent by hand-delivery,
certified mail (return receipt requested), or by nationally recognized overnight courier, and if sent
to the TOWN shall be sent to:
Town of Highland Beach
Attn: Town Manager
3614 S. Ocean Boulevard
Highland Beach, FL 33487
and if sent to the Consultant, shall be sent to:
Projected Point, Inc.
Attn: David M. DiLena
17105 Crowley Ave.
Port Charlotte, FL 33954
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The foregoing names and addresses may be changed if such change is provided in writing to the
other party. Notice shall be deemed given upon receipt.
SECTION 23: ENTIRETY OF AGREEMENT. The Town and the Consultant agree that this
Agreement sets forth the entire agreement between the parties, and that there are no promises or
understandings other than those stated herein. None of the provisions, terms and conditions
contained in this Agreement may be added to, modified, superseded or otherwise altered, except
by written instrument executed by the parties hereto.
SECTION 24: WAIVER. Failure of a party to enforce or exercise any of its right(s) under this
Agreement shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s)
at any time thereafter.
SECTION 25: PREPARATION. This Agreement shall not be construed more strongly against
either party regardless of who was more responsible for its preparation.
SECTION 26: NO THIRD-PARTY BENEFICIARIES. There are no third-party beneficiaries
under this Agreement.
SECTION 27: MATERIALITY. All provisions of the Agreement shall be deemed material. In
the event Consultant fails to comply with any of the provisions contained in this Agreement or
exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach
of this Agreement and Town may at its option provide notice to the Consultant to terminate for
cause.
SECTION 28: LEGAL EFFECT. This Agreement shall not become binding and effective until
approved by the Town Commission.
SECTION 29: NOTICE OF COMPLAINTS, SUITS AND REGULATORY VIOLATIONS.
Each party will promptly notify the other of any complaint, claim, suit or cause of action threatened
or commenced against it which arises out of or relates, in any manner, to the performance of this
Agreement. Each party agrees to cooperate with the other in any investigation either may conduct,
the defense of any claim or suit in which either party is named, and shall do nothing to impair or
invalidate any applicable insurance coverage.
SECTION 30: SURVIVABILITY. Any provision of this Agreement which is of a continuing
nature or imposes an obligation which extends beyond the term of this Agreement shall survive its
expiration or earlier termination.
SECTION 31: COUNTERPARTS. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, and will become effective and binding
upon the parties as of the effective date at such time as all the signatories hereto have signed a
counterpart of this Agreement. The parties agree to accept the execution of this Agreement by
facsimile, email, or other electronic means.
SECTION 32: PALM BEACH COUNTY IG. Palm Beach County has established the Office
of Inspector General in Palm Beach County Code, Sections 2-421 - 2-440, as may be amended.
The Inspector General’s authority includes, but is not limited to, the power to review past, present
and proposed Town contracts, transactions, accounts and records, to require the production of
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records, and to audit, investigate, monitor, and inspect the activities of the Town and its agents in
order to ensure compliance with contract requirements and detect corruption and fraud. Failure to
cooperate with the Inspector General or interfering with or impeding any investigation shall be a
breach of this Agreement and may result in termination of this Agreement or other sanctions or
penalties as set forth in the Palm Beach County Code.
SECTION 33: AGREEMENT DOCUMENTS AND CONTROLLING PROVISIONS. This
Agreement consists of this Agreement and Exhibit A (Scope of Services). The parties agree to be
bound by all the terms and conditions set forth in the aforementioned documents. To the extent
that there exists a conflict between the terms and conditions of this Agreement and the Exhibit, the
terms and conditions of this Agreement shall prevail. Wherever possible, the provisions of such
documents shall be construed in such a manner as to avoid conflicts between provisions of the
various documents.
SECTION 34: OWNERSHIP OF DELIVERABLES. The deliverables, work product,
specifications, calculations, supporting documents, or other work products of the Consultant shall
become the property of the Town. The Consultant may keep copies or samples thereof and shall
have the right to use the same for its own purposes. The Town accepts sole responsibility for the
reuse of any such deliverables in a manner other than as initially intended or for any use of
incomplete documents.
SECTION 35: REPRESENTATIONS AND BINDING AUTHORITY. By signing this
Agreement, the undersigned on behalf of the Consultant hereby represents to the Town that he or
she has the authority and full legal power to execute this Agreement and any and all documents
necessary to effectuate and implement the terms of this Agreement on behalf of the Consultant for
whom he or she is signing and to bind and obligate such party with respect to all provisions
contained in this Agreement.
SECTION 36: APPLICABLE LAW; VENUE; WAIVER OF JURY TRIAL. The
Consultant hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of
Palm Beach County, Florida. This Agreement shall be governed by the laws of Florida with venue
for dispute resolution in Palm Beach County. Except as otherwise, set forth in the indemnification
provision in this Agreement, each party shall be responsible for its own attorney’s fees and costs
in any dispute arising out of or related to this Agreement. TO ENCOURAGE PROMPT AND
EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES
ITS RIGHT TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO OR ARISING
OUT OF THIS AGREEMENT.
SECTION 37: REMEDIES. No remedy herein conferred upon any party is intended to be
exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be
in addition to every other remedy given hereunder or now hereafter existing at law or in equity or
by statute or otherwise. No single or partial exercise by any party of any right, power or remedy
hereunder shall preclude any other or further exercise thereof.
SECTION 38: E-VERIFY. Pursuant to Section 448.095(5), Florida Statutes, Consultant shall:
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a. Register with and use the E-Verify system to verify the work authorization status
of all newly hired employees and require all subconsultants (providing services or receiving
funding under this Agreement) to register with and use the E-Verify system to verify the work
authorization status of all the subconsultants’ newly hired employees;
b. Secure an affidavit from all subconsultants (providing services or receiving funding
under this Agreement) stating that the subcontractor does not employ, contract with, or subcontract
with unauthorized aliens;
c. Maintain copies of all subconsultant affidavits for the duration of this Agreement;
d. Comply fully, and ensure all of its subcontractors comply fully, with Section
448.095, Florida Statutes;
e. Be aware that a violation of Section 448.09, Florida Statutes (Unauthorized aliens;
employment prohibited) shall be grounds for termination of this Agreement; and
f. Be aware that if the Town terminates this Agreement under Section 448.095(5)(c),
Florida Statutes, Consultant may not be awarded a public contract for at least one (1) year after the
date on which this Agreement is terminated and will be liable for any additional costs incurred by
the Town as a result of termination of this Agreement.
SECTION 39: PUBLIC RECORDS. Consultant shall comply with Florida’s Public Records
Act, Chapter 119, Florida Statutes, and specifically agrees to:
a. Keep and maintain public records required by the Town to perform the service.
b. Upon request from the Town’s custodian of public records or designee, provide the
Town with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,
or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
this Agreement and following completion of this Agreement if the Consultant does not transfer the
records to the Town.
d. Upon completion of this Agreement, transfer, at no cost, to the Town all public
records in possession of the Consultant or keep and maintain public records required by the Town
to perform the service. If the Consultant transfers all public records to the Town upon completion
of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Consultant keeps and
maintains public records upon completion of the Agreement, the Consultant shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the Town, upon request from the Town’s custodian of public records or designee, in a
format that is compatible with the information technology systems of the Town.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
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CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS OR DESIGNEE AT THE TOWN OF HIGHLAND BEACH,
ATTN: LANELDA GASKINS AT 561-278-4548,
LGASKINS@HIGHLANDBEACH.US OR BY MAIL TO 3614 S. OCEAN
BOULEVARD, HIGHLAND BEACH, FL 33487.
SECTION 40: PROHIBITED PREFERENCES. Pursuant to section 287.05701, Florida
Statutes, the Town may not request documentation of or consider a contractor’s social, political,
or ideological interests during contractor selection. Further, the Town may not give a preference
to a contractor based on the contractor’s social, political, or ideological interests.
SECTION 41: HUMAN TRAFFICKING. Consultant, by signing this Agreement below, attests
that it does not use coercion for labor or services as defined in section 787.06, Florida Statutes.
SECTION 42: NO LIEN RIGHTS. The Consultant and any subconsultant utilized by the
Consultant shall have no lien rights regarding any property owned by the Town or otherwise.
SECTION 43: CONFIDENTIAL AND PROPRIETARY INFORMATION. Each party
(“Receiving Party”) will keep confidential and not disclose to any other person or entity or use
(except as expressly and unambiguously authorized by this Agreement) information, technology,
or software (“Confidential Information”) obtained from the other party (“Disclosing Party”);
provided, however, that the Receiving Party will not be prohibited from disclosing or using
information (that at the time of disclosure is publicly available or becomes publicly available
through no act or omission of the Receiving Party, (ii) that is or has been disclosed to the Receiving
Party by a third party who is not under, and to whom the Receiving Party does not owe, an
obligation of confidentiality with respect thereto, (iii) that is or has been independently acquired
or developed by the Receiving Party without access to the Disclosing Party’s Confidential
Information, (iv) that is already in the Receiving Party's possession at the time of disclosure, or (v)
that is required to be released by law.
SECTION 44: EXPORT ADMINISTRATION. Each party agrees to comply with all export
laws and regulations of the United States (“Export Laws”) to assure that no software deliverable,
item, service, technical data, or any direct product thereof arising out of or related to this
Agreement is exported directly or indirectly (as a physical export or a deemed export) in violation
of Export Laws.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGE FOLLOWS.]
Page 50
13
IN WITNESS WHEREOF, the Town has caused these presents to be executed in its name by its
Mayor, and attested and its official Seal to be hereunto affixed by its Town Clerk, and the
Consultant has hereunto set its hand and Seal the day and year first written above.
CONSULTANT: PROJECTED POINT, INC.
_________________________________________
David M. DiLena, President
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
Subscribed before me by means of [ ] physical presence or [ ] online notarization, this __________
day of ________________________________, 2024, by David M. DiLena, as President of a
Projected Point, Inc., a Florida corporation, [ ] who is personally known to me or [ ] who produced
____________________________ as identification, and who did take an oath that the facts stated
with regard to section 787.06, Florida Statutes, and otherwise, are true and correct, and he is duly
authorized to execute the foregoing instrument and bind Consultant to the same.
[Notary Seal] ____________________________________
Notary Signature
TOWN OF HIGHLAND BEACH
By:_____________________________
Natasha Moore, Mayor
ATTEST:
______________________________
Lanelda Gaskins, Town Clerk
Approved as to form and legal sufficiency:
________________________________
Office of the Town Attorney
Page 51
14
EXHIBIT A
SCOPE OF SERVICES
Scope of Services for Finance Director
Core Functions (Monthly Base Fee): $10,938
1. Account Monitoring and Oversight – Ensuring transactions are recorded in the right place
for the right time.
o Manage and supervise the financial operations of the municipality, ensuring accurate and
timely financial records.
o Manage and supervise all accounts payable, accounts receivable, payroll, and general ledger
activities.
o Manage and supervise Utility Billing and other Charges for Services, ensuring accurate and
timely postings.
o Manage and supervise internal controls to safeguard municipal assets and ensure proper
allocation of resources.
o Manage and supervise a structured closing process with staff to ensure monthly and annual
reconciliation of accounts.
o Manage and supervise bank reconciliations and ensure timely payment of bills.
o Manage and supervise expenditures, purchase orders, and vendor transactions are accurate
and compliant with policies.
o Manage and supervise adjustments required for Monthly, Quarterly and Annual Accruals.
2. Financial Reporting & Compliance
o Prepare, review, and present monthly, quarterly, and annual financial statements, budget
reports, and cash analysis.
o Ensure compliance with local, state, and federal financial regulations, as well as adherence
to Generally Accepted Accounting Principles (GAAP) and Governmental Accounting
Standards Board (GASB) requirements.
o Coordinate the annual external audit process, respond to auditor inquiries, and prepare audit
work papers.
o Manage and supervise the June – September budget season with Department Heads in
compliance with eTRIM procedures and process. (F.S. 200.065)
o Assist with the preparation of the Annual Comprehensive Financial Report (ACFR) to ensure
timely and accurate reporting. (F.S. 129.03 & F.S. 218.32) Due within six months of year end.
o Preparation of Public Depositor Annual Report. (F.S. 280.17(6)) Due by November 30 each
year.
o Office of Economic and Demographic Research. (F.S. 166.241(6)) Due by Oct 15 each year.
o Local Government Financial Report. (F.S. 218.32(1)) Due by June 30 each year.
o Unclaimed Property Report. (F.S. 717.113 & F.S. 717.117) Due by April 30 each year.
o Single Audit Report if expends $750,000 or more in federal or state financial assistance.
(CFR Part 200 & F.S. 215.97. Due June 30 if threshold is met.
o Draft budget presentation in relationship with Municipal goals and objectives.
Page 52
15
o Annual Investment Policy Certification. (F.S. 218.415(14)) Due June 30 of each year.
o Ethics Training Requirements. 4 hours as required annually. (F.S. 112.3142) Due by July 1
each year.
Additional Services (Billed at Discounted Hourly Rate):$100/Hr.
1. Training, Monitoring, and Coaching
o Provide financial training for staff and municipal officials to ensure they understand key
financial policies and procedures.
o Offer ongoing monitoring and coaching to enhance staff performance and optimize financial
operations.
2. Financial Analysis and Analytics
o Conduct in-depth financial analysis, including trend analysis, cost-benefit studies, and
forecasting.
o Offer strategic financial recommendations to enhance the municipality’s financial health and
decision-making.
3. Software & Technology Implementations and Automation
o Support the implementation of new financial software and automation tools to streamline
and improve financial efficiency.
o Assist in identifying technology solutions that can further enhance financial and operational
workflows.
4. Board and Committee Meetings
o Attend and present financial reports at Board of Commissioners, finance committee, and
other related meetings, primarily via Zoom or Teams. In-person attendance will be based on
availability, with the exception of public hearings and two annual budget presentations will be
in person.
o Provide professional guidance during financial decision-making processes.
5. Provide recommendations, support or reports on other projects as requested
Page 53
Page 54
Proposal for Outsourced Finance Director Services to the Town of Highland
Beach
October 23, 2024
Submitted by:
Projected Point, Inc.
17105 Crowley Avenue
Port Charlotte, FL 33954
352-536-0035
ddilena@projectedpoint.com
Town of Highland Beach
Attn: Marshall Labadie, ICMA-CM
Town Manager
3614 S Ocean Blvd
Highland Beach, FL 33487
Dear Marshall,
Introduction
We are pleased to submit this proposal to provide outsourced Finance Director services to the
Town of Highland Beach. Our firm specializes in municipal financial management, ensuring
compliance with local, state, and federal regulations while maintaining the highest standards of
accountability and transparency. We understand the importance of sound financial oversight for
municipalities, and we are confident that our expertise will align with the town’s needs as
outlined in the Scope of Services provided.
Page 55
Scope of Services
Based on the scope of services provided by the Town of Highland Beach, our proposal is
structured to cover two primary categories: Core Functions and Additional Services.
Core Functions (Monthly Base Fee: $10,938)
Our team will manage and supervise the financial operations of the municipality to ensure
accurate, timely, and compliant financial activities. These include:
• Account Monitoring and Oversight: Ensuring all transactions are accurately recorded.
• Supervision of Financial Operations: This includes accounts payable, accounts
receivable, payroll, utility billing, general ledger activities, and vendor transactions to
ensure accuracy and policy compliance.
• Internal Controls: Establishing and overseeing controls to safeguard municipal assets.
• Financial Reporting & Compliance: We will prepare, review, and present monthly,
quarterly, and annual financial statements, ensuring compliance with GAAP and GASB
requirements. This includes coordinating the external audit process and responding to
auditor inquiries.
• Budget Management: Managing the annual budget season, including collaboration with
department heads and ensuring compliance with the eTRIM process.
• Regulatory Reporting: Ensuring timely preparation and submission of required reports
such as the Annual Comprehensive Financial Report (ACFR), Public Depositor Annual
Report, Local Government Financial Report, and the Single Audit Report, if applicable.
Additional Services (Discounted Hourly Rate: $100/Hr.)
We also offer additional services to further support the financial health of Highland Beach:
• Training, Monitoring, and Coaching: Provide financial training for staff and officials,
offer performance monitoring, and enhance financial operations.
• Financial Analysis and Forecasting: Conduct comprehensive financial analyses, trend
studies, and offer strategic recommendations.
• Technology Implementations: Support the town’s transition to new financial software
and automation tools to optimize efficiency.
• Board and Committee Meetings: Attend key meetings to present financial reports and
offer professional financial guidance.
Value Proposition
Our outsourced finance director’s services offer the Town of Highland Beach access to expert
financial management without the need to maintain a full-time staff position. By leveraging our
team’s experience and resources, the town can benefit from:
Page 56
• Cost Efficiency: Competitive pricing compared to maintaining in-house staff.
o Current Cost & Benefits = $230,547
o Our Base Price = $124,776
o Annual Savings = $105,771 or 46%
• Expertise: A team of seasoned professionals with extensive experience in municipal
finance and governmental compliance.
• Scalability: The flexibility to provide additional services on an as-needed basis at a
discounted hourly rate.
• Accountability: Transparent and detailed reporting, ensuring accountability to
stakeholders and regulatory bodies.
Conclusion
We are committed to helping Highland Beach maintain strong financial stewardship and
compliance while providing reliable, high-quality financial oversight. Our firm’s approach is
proactive, collaborative, and designed to provide the town with the confidence that its financial
affairs are being expertly managed.
We look forward to the opportunity to partner with you. Should you have any questions or
require further details, please do not hesitate to contact us at 352-536-0035 or
ddilena@projectedpoint.com.
Sincerely,
David M. DiLena
President
Projected Point, Inc.
Enclosures:
1. Detailed Scope of Services
2. Fee Schedule
Page 57
Scope of Services for Finance Director
Core Functions (Monthly Base Fee): $10,938
1. Account Monitoring and Oversight – Ensuring transactions are recorded in the right
place for the right time.
o Manage and supervise the financial operations of the municipality, ensuring
accurate and timely financial records.
o Manage and supervise all accounts payable, accounts receivable, payroll, and
general ledger activities.
o Manage and supervise Utility Billing and other Charges for Services, ensuring
accurate and timely postings.
o Manage and supervise internal controls to safeguard municipal assets and ensure
proper allocation of resources.
o Manage and supervise a structured closing process with staff to ensure monthly
and annual reconciliation of accounts.
o Manage and supervise bank reconciliations and ensure timely payment of bills.
o Manage and supervise expenditures, purchase orders, and vendor transactions are
accurate and compliant with policies.
o Manage and supervise adjustments required for Monthly, Quarterly and Annual
Accruals
2. Financial Reporting & Compliance
o Prepare, review, and present monthly, quarterly, and annual financial statements,
budget reports, and cash analysis.
o Ensure compliance with local, state, and federal financial regulations, as well as
adherence to Generally Accepted Accounting Principles (GAAP) and Governmental
Accounting Standards Board (GASB) requirements.
o Coordinate the annual external audit process, respond to auditor inquiries, and
prepare audit work papers.
o Manage and supervise the June – September budget season with Department
Heads in compliance with eTRIM procedures and process. (F.S. 200.065)
o Assist with the preparation of the Annual Comprehensive Financial Report (ACFR) to
ensure timely and accurate reporting. (F.S. 129.03 & F.S. 218.32) Due within six
months of year end.
o Preparation of Public Depositor Annual Report. (F.S. 280.17(6)) Due by November 30
each year.
Page 58
o Office of Economic and Demographic Research. (F.S. 166.241(6)) Due by Oct 15
each year.
o Local Government Financial Report. (F.S. 218.32(1)) Due by June 30 each year.
o Unclaimed Property Report. (F.S. 717.113 & F.S. 717.117) Due by April 30 each year.
o Single Audit Report if expends $750,000 or more in federal or state financial
assistance. (CFR Part 200 & F.S. 215.97. Due June 30 if threshold is met.
o Draft budget presentation in relationship with Municipal goals and objectives.
o Annual Investment Policy Certification. (F.S. 218.415(14)) Due June 30 of each year.
o Ethics Training Requirements. 4 hours as required annually. (F.S. 112.3142) Due by
July 1 each year.
Additional Services (Billed at Discounted Hourly Rate):$100/Hr.
1. Training, Monitoring, and Coaching
o Provide financial training for staff and municipal officials to ensure they understand
key financial policies and procedures.
o Offer ongoing monitoring and coaching to enhance staff performance and optimize
financial operations.
2. Financial Analysis and Analytics
o Conduct in-depth financial analysis, including trend analysis, cost-benefit studies,
and forecasting.
o Offer strategic financial recommendations to enhance the municipality’s financial
health and decision-making.
3. Software & Technology Implementations and Automation
o Support the implementation of new financial software and automation tools to
streamline and improve financial efficiency.
o Assist in identifying technology solutions that can further enhance financial and
operational workflows.
4. Board and Committee Meetings
o Attend and present financial reports at Board of Commissioners, finance
committee, and other related meetings as required.
o Provide professional guidance during financial decision-making processes.
5. Provide recommendations, support or reports on other projects as requested
Page 59
Fee Schedule:
Position
Direct Labor
Rates
Principal 135.00$
Manager 115.00
Senior Analyst 98.00
Analyst 84.00
Clerical & Administration 72.00
Blended Rate 119.00$
Discounted Rate 100.00$
Disccound Rate vs Blended -16%
Projected Point Hourly Rate Structure
Page 60
File Attachments for Item:
C. Consideration of an Assigned Vehicle Program for the Police Department and
authorize the Town Manager to execute all agreements related to Direct Cash Purchase
with Maintenance Management Program from Enterprise Fleet Management, Inc. option
and authorize the necessary budget amendments.
Page 61
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Commission Meeting
MEETING DATE November 19, 2024
SUBMITTED BY: Chief Craig Hartmann
SUBJECT: Police Assigned Vehicle Program
SUMMARY:
Overview: In our ongoing efforts to meet industry standards in law enforcement and stay
competitive in the recruitment and retention of top -tier police officers, we are proposing the
implementation of a Police Department Assigned Vehicle Program. The majority of p olice
departments across the county and state already provide each sworn officer with an assigned
vehicle. This program would ensure that each officer is given a vehicle to use during their shifts, as
well as for commuting to and from work. The assigned vehicle would be the officer’s responsibility,
with the officer being the sole driver and accountable for the car's care, maintenance, and condition.
The primary benefit of an assigned vehicle program is that it increases the vehicle’s lifespan by
eliminating the need for “hot seating” — the practice of rotating vehicles between officers on
consecutive shifts. Research shows that when a single officer is responsible for a vehicle, it is better
maintained and kept in superior condition compared to a pool car. Additionally, wear and tear on
the vehicle is reduced, and engine idle time is minimized, which helps extend the life of the vehicle.
Assigned vehicles also serve as a crucial operational asset during emergency situations, such as
storms or large-scale deployments when all officers are called in to duty. During these events,
additional marked vehicles are vital, as there are often not enough available to meet operational
needs. The extra vehicles enable a more efficient response to emergency situations.
Furthermore, having an assigned vehicle streamlines an officer’s shift by reducing the time spent
loading, unloading, and inspecting equipment at the start and end of each shift. Without the need to
perform these tasks repeatedly, officers can spend more time "in service" and focus on their duties,
which increases overall productivity.
For officers, an assigned vehicle becomes their “office” for the duration of their shift. The car is set
up specifically to accommodate the officer’s personal and professional gear, allowing them to store
and access equipment without the need to load and unload it each day.
Page 62
To support this initiative, the implementation of a formal Highland Beach Police Department policy
will be necessary. This policy will define the roles, responsibilities, and operational procedures for
managing the assigned vehicle program.
Program: Implementation of an Assigned Vehicle Program requires the acquisition of 11 vehicles and
expansion fleet management expenses (fuel, insurance, maintenance, etc.) Staff evaluated the two
options for funding the eleven police department vehicles through the Enterprise Leasing Program
(which includes the Maintenance & Management Program.) The two options were: (1) Full (and/or
partial) Financing with Maintenance and Management Program and (2) Direct Cash Purchase with
Maintenance and Management Program.
Given the essential role of reliable and well-maintained vehicles in law enforcement operations, the
department seeks an optimal balance between upfront investment, ongoing costs, and operational
support.
Vehicle Cost: The cost of police vehicles in terms of MSRP (Manufacturer's Suggested Retail Price)
has seen a steady increase over the past five years due to several factors, including inflation,
advancements in technology, and rising material costs.
The Ford Police Interceptor, one of the most popular police vehicles in the U.S., has experienced
such a cost increase. For example, in 2019, the base MSRP for a Police Interceptor Utility started at
around $37,500. As of 2024, the base model is priced around $42,000 to $45,000, reflecting an
approximate 12% to 15% increase over five years.
Selected Vehicles:
Vehicle Type Estimated
MSRP
Estimated Dealer
Markup
Quantity
Needed
2025 Ford Police Interceptor $48,817 $5,000 9
2025 Ford F150 $47,334 $3,000 1
2024 Ford Explorer XLT $40,251 $3,000 1
Upfit Costs: The average cost to upfit a police vehicle typically ranges from $8,300 to $25,200+,
depending on the level of customization and equipment added. Upfitting a police vehicle involves
equipping it with specialized gear necessary for law enforcement operations.
Below is a breakdown of common components and their associated costs:
Up Fit Category Estimated Cost Range
Lighting and Sirens $1,500 - $3,500
Vehicle partition $800 - $1,200
Camera Systems $1,000 - $5,000
Radio and Communication $1,500 - $5,000
Weapon and Equipment Mounting $500 - $1,500
Page 63
Computer and Console Mounting $2,000 - $6,000
Other Accessories $1,000 - $3,000
Total $8,300 - $25,200
Total Vehicle Cost Structure: We have estimated that the cost of 11 additional police vehicles with complete
upfit packages would cost approximately $820,000.
Vehicle Cost Dealer
Markup
Upfit Cost Total Unit
Cost
Qty Total Cost
2025 Ford Police
Interceptor
Utility
$48,517 $5,000 $25,730 $79,247 9 $713,226
2025 Ford F-150
SL
$47,334 $3,000 $6,500 $56,834 1 $56,834
2024 Ford
Explorer XLT
$40,251 $3,000 $6,500 $49,751 1 $49,751
Total 11 $819,812
Management & Maintenance Agreements: The two agreements—Full Maintenance Agreement and
Maintenance Management and Fleet Rental Agreement—both involve Enterprise Fleet
Management, Inc. (EFM) but serve different purposes and cover varying responsibilities. Both
agreements for service with assist the Town will the expanded fleet management duties and
responsibilities.
Here are the key differences:
Full Maintenance Agreement: Primarily focuses on comprehensive maintenance coverage for
vehicles. EFM is responsible for covering most of the maintenan ce and repair costs, excluding
specific exceptions like fuel, tire replacements, or damages due to accidents
Maintenance Management and Fleet Rental Agreement: In addition to maintenance
management, this agreement also includes provisions for fleet rental services. The EFM Card
is used for authorizing maintenance costs and managing vehicle rentals, offering discounted
rental rates for short-term vehicle needs
While both agreements manage vehicle maintenance, the Full Maintenance Agreement provides
comprehensive maintenance services for leased vehicles with limited focus on rental needs, whereas
the Maintenance Management and Fleet Rental Agreement offers broade r management services,
including both vehicle maintenance and fleet rental, with more reliance on the company for direct
payments and responsibilities. Over the five (5) year program, the annual cost is estimated to be
$15,480.
Vehicle Mgt Fee Maint Fee Total Months Qty Total Costs
2025 Ford
Police
Interceptor
Utility
$118 $6 $124 12 9 $13,392
Page 64
2025 Ford
F-150 SL
$86 $6 $92 12 1 $1,104
2024 Ford
Explorer
XLT
$76 $6 $86 12 1 $984
Total 11 $15,480
Interest Rate Costs: Enterprise provided an estimated lease rate of 7.98%. In addition, Synovus Bank
provided a loan rate of 4.98% for the same term of 60 months. We also assumed our saving rate
based on our historical data was 5.25%. We calculated the estimated dollar va riance between the
two offers at various costs depending on how much the town would like to contribute to cash as
follows:
Program Scenarios: We
evaluated this program
based on two (2)
scenarios and provide an
advantage/disadvantage
based on the data we
were provided, as
follows:
1. Direct Cash
Purchase with
Maintenance and
Management Program
2. Full (and/or partial) Financing with Maintenance and Management Program
Scenario Pros Cons
1. Direct Cash Purchase w/
Maintenance Management
Program
- No interest Costs
- Maintenance Management:
Provides support for repairs,
- Large outlay of cash.
Cost 825,000$ 625,000$ 425,000$
Term (mo)60 60 60
Int Rate 7.98%7.98%7.98%
Int Rate (Mo)0.67%0.67%0.67%
Pmt(Mo)$16,720 $12,667 $8,613
Pmt(Yr)$200,642 $152,001 $103,361
Total Int 178,208$ 135,006$ 91,804$
Cost 825,000$ 625,000$ 425,000$
Term (mo)60 60 60
Int Rate 4.98%4.98%4.98%
Int Rate (Mo)0.42%0.42%0.42%
Pmt(Mo)$15,561 $11,789 $8,016
Pmt(Yr)$186,735 $141,466 $96,197
Total Int 108,673$ 82,328$ 55,983$
$Δ Int Cost 69,535$ 52,678$ 35,821$ *
* Add'l Cost of Financing using Enterprise over the live of the period
Estimated Enterprise
Estimated Synovus Bank
Page 65
reducing downtime and
increasing efficiency.
- Vehicle Refresh Cycle:
Vehicles are replaced before
major depreciation,
potentially maximizing resale
value.
- Ownership of vehicles
- Maintenance Management
Program provides logistics for
seamless upfit and reduced
vehicle lead times on future
purchases.
- Cancel the Maintenance
Management Program after
fist year.
2. Full (and/or partial)
Financing with Maintenance
and Management Program
- Lower Upfront Costs:
Leasing allows vehicle
acquisition with minimal
initial investment, preserving
cash flow.
- Maintenance Included:
Lease typically includes a
maintenance package,
reducing administrative load
on the department.
- Vehicle Refresh Cycle:
Leasing makes it easy to
upgrade to newer models,
maintaining a reliable fleet.
- Higher Re-Sale Value:
Vehicles are replaced before
major depreciation,
potentially maximizing resale
value.
- Higher Long-Term Costs:
Leasing can be more costly
overtime as continuous
payments are required
without gaining ownership.
- Interest Rates: Lease
interest rates may be higher
than financing rates, raising
long-term costs further.
- Locked into Maintenance
Management Program for
the duration of lease
Recommendation: Staff recommends the Direct Cash Purchase option for the acquisition additional
vehicles whereby eliminating the interest cost while maximizing the Management/Maintenance of
the Enterprise/Sourcewell program.
The estimated budget impact (Increase) for implementation is $675,641. This figure Includes
additional insurance, general maintenance and fuel costs as well as a ccounts for the $210,000
currently budgeted for police vehicle acquisition. The revenue sources needed to cover the
$675,641 will come allocating $461,324 of remaining ARPA dollars and transferring $215,317 from
general fund reserves. The ARPA funds can be allocated to this project as the sanitary sewer lining
project will now be completed under the Clean Water Act SRF program and the ARPA funds need to
Page 66
be used prior to December 2025. It is important to note that as of 11/06/2024 the FY 2023/2024
General Fund Surplus is $992,456.
FISCAL IMPACT:
Budget Amendments:
Type Account Number Description Amount Notes
Revenues 001-310.000-389.900 Approp from Reserves $214,317 FY2024 Surplus
Revenues ARPA $461,324 ARPA Funds
Total $675,641
Expenditures 001-521.000-564.000 Mach & Equipment $615,000 Vehicles
Expenditures 001-521.000-534.000 Other Contractual Svcs. $15,637 Mgmt. & Maint.
Expenditures 001-521.000-545.000 Insurance $12,004 Add’l Ins.
Expenditures 001-521.000-552.400 Operating Supplies-Gas $18,000 Add’l Gas
Expenditures 001-521.000-546.100 Repairs & Maint. $15,000 Add’l Maint.
Total $675,641
ATTACHMENTS:
N/A
RECOMMENDATION:
Approval of the Police Department Assigned Vehicle Program and authorizing the Town Manager to
execute all agreements related to Direct Cash Purchase with Maintenance Management Program
from Enterprise Fleet Management, Inc option and authorizing the necessary budget amendments.
Page 67
Additional Information for Item 10.C. – Assigned Vehicle Program
11/19/2024 Town Commission Meeting
November 18, 2024
Highland Beach Town Commission,
The Highland Beach Police and Fire Foundation is an IRS-approved 501(c)(3)
organization that exists to enhance the operations and services of the Town’s Police
and Fire Departments for the benefit of its residents.
At a recent Foundation Board meeting, the Directors discussed the proposed Police
Assigned Vehicle Program and unanimously agreed that there was significant value
to the Town in general and for recruiting and retaining our Police Officers in particular.
The Board recognizes the challenges all law enforcement faces with recruiting and
retaining qualified professionals. We commend our Police Department for working to
make Highland Beach the “Preferred Employer” in the selection and appointment of
the best Police Officers a top priority.
The Highland Beach Police and Fire Foundation supports and endorses the
implementation of the Assigned Police Vehicle Program, and thanks the Town
Commission and the Town Manager for their consistent leadership in the
commitment to “Excellence” when it comes to the Public Safety service for our
Highland Beach community.
Regards,
Jason Chudnofsky, Chairman
Highland Beach Police and Fire Foundation
c/o Boca Accounting LLC., 190 NW Spanish River Blvd. Suite 200, Boca Raton, FL 33431 HBPFF.org
File Attachments for Item:
D. Fiscal Year 2024-2025 Strategic Priorities Plan Update and Review
Page 68
TOWN OF HIGHLAND BEACH
AGENDA MEMORANDUM
MEETING TYPE: Town Commission Meeting
MEETING DATE November 19, 2024
SUBMITTED BY: Town Manager’s Office
SUBJECT: Fiscal Year (FY) 2024-2025 Strategic Priorities Plan Update and
Review
SUMMARY:
At the beginning of each fiscal year, the Town Commission reviews the Strategic Priorities
Plan to discuss the current statuses of projects and initiatives. Enclosed please find the FY
2024-2025 Strategic Priorities Plan including a separate document containing the FY 2024-
2025 Strategic Priorities: Ranked and Un-Ranked Project List. 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 2024 Strategic Priorities Plan (November 19, 2024)
FY 2024-2025 Strategic Priorities: Ranked & Un-Ranked Project List
RECOMMENDATION:
Commission review and discussion.
Page 69
2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
FY 2024-2025 Strategic Priorities: Ranked & Un-Ranked Project List
SP 2: Milani Park
Description: Continue to work with Palm Beach County Administration and Parks and Recreation
Department along with County Commissioners on the future development of 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: Contract compliance review is ongoing. An archaeologist to assist with cultural
resource review has been secured.
SP 4: 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 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. Website use and navigation to be evaluated to improve user experience.
SP 5: 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: FY 2025 Appropriation requests to be discussed with Lobbyist November/December
2024.
SP 6: 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: Under Construction. Target completion date June 2025.
SP 7: Charter Review/Amendments (Annual Review)
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.
Progress: Commission discussion Fall 2024/Winter 2025.
SP 8: Town Entry Signs (A1A)
Description: The two existing town entry signs have deteriorated and need to be replaced.
Progress: Signs have been constructed. Awaiting installation.
Page 70
2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
SP 9: 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: Commission reviewed ordinance language (September 2024) then directed approved
ordinance revisions to Planning Board for formal review and recommendation
(November/December 2024.)
SP 10: 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.
Progress: The updated the 2013 Beach Feasibility Study completed. Natural Resource Advisory
Board educating the public on the results.
SP 11: Old Fire Station
Description: Consider the rehabilitation of the Old Fire Station to not only store back-up
apparatus and equipment for the Fire Rescue department but also create useful and beautiful
multi-purpose space for community functions.
Progress: Preliminary design concepts and structural evaluation of old fire station completed.
Project in value engineering and costs estimation phase.
SP 12: Financial Management Systems
Description: The Finance Department in partnership with the Manager’s Office is updating the
town’s investment policy and the 5-year Financial Forecast Model.
Progress: The updates scheduled Fall 2024/Winter 2025
SP 13: 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.
SP 14: Evaluate Ordinance Development Process
Description: Consider reviewing the current ordinance development procedure to ensure it is
the most efficient and effective means of addressing community problems and challenges and
engages the residents.
Progress: No progress to date. Preparing discussion for future Commission meeting Fall
2024/Winter 2025.
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
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2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
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: Town Commission reviewed draft ordinance concepts and directed Planning Board to
conduct public review and make recommendations.
SP 16: 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 suspended further review pending Milani Park Project and “Live Local”
legislative modifications. No other progress.
SP 17: Temporary Sign Ordinance Review
Description: The Town Commission has directed staff to update the ordinance provisions related
to temporary signs with a focus on political signs and real estate signs.
Progress: No Progress.
SP 18: 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 19: 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.
New Projects & Initiatives (Unranked):
Preferred Employer Program
Description: The Town Manager’s Office, in collaboration with the Town Commission, will design and
implement a comprehensive compensation, workplace, and benefits program. This initiative aims to
attract and retain high-quality employees who excel in teamwork and are committed to delivering
exceptional municipal services and public safety.
Progress: Ongoing with annual budget.
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2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Police Marine Docking/Access Facility
Description: The project involves the design and construction of a marine docking facility to support the
Police Department's patrol and rescue vessel. The facility will be situated at the western end of the
Town Hall complex, behind the library. To offset project costs, the Town will actively seek grants and
appropriations.
Progress: The Police Department has secured the FIND Grant (50% cost share) for the design portion of
the project. The Town Manager’s Office and Police Department will pursue grants/appropriations for
construction.
Police Assigned Vehicle Program
Description: To enhance the recruitment and retention of high-quality police officers and remain
competitive with neighboring agencies, the Town Commission has directed the Town Manager’s Office,
in collaboration with the Police Department, to develop an assigned vehicle program. The project will
also involve exploring and assessing various financing options.
Progress: The Police Chief and Town Manager have engaged in initial, individual conversations with the
Town Commission on the program elements. The Finance Director has been directed to evaluate the
financing options.
Electric Vehicle Protocols (Fire Safety)
Description: In response to the increasing use of electric vehicles and other battery-powered modes of
transport, the Town Commission has tasked the Fire Department, in collaboration with Condominium
Associations, with developing fire safety guidelines for vehicle charging and rechargeable battery
storage. These guidelines will aim to ensure safe practices and reduce fire risks within the community.
The guidelines will be accompanied by a public outreach campaign.
Progress: Guidelines developed by Highlands Place Condominium and Vice Mayor Stern and will be used
as template for other groups. Outreach pending.
Old Post Office
Description: Explore the rehabilitation of the old Post Office into a security center and public entrance to
the Police Department. Project will evaluation physical connection of the old Post Office to the existing
Police Station.
Progress: Preliminary design concepts developed and shared independently with Commissioners. Value
engineering and cost estimation phase has commenced.
Sanitary Sewer Lining Project
Description: The sanitary sewer system has begun to show signs of deterioration and needs complete
rehabilitation via a comprehensive lining project. The selected method of rehabilitation is the least
disruptive and most cost effective. The residents in March of 2024 authorized the project at a not to
exceed cost of $3.5 million. Staff attempted to secure a “piggyback” contract to complete the project in
phases. No such contract could be obtained; therefore, staff will commence securing a Clean Water
State Revolving Fund Loan (SRF) to complete the project in one single phase.
Progress: Staff has reached out to the State of Florida SRF Program. This project cannot start
construction until FDOT has completed the A1A Resurfacing Project.
Comprehensive Plan Update
Description: Pursuant to state law, local governments are required to periodically update their
Comprehensive Plan. The Town’s comprehensive plan functions as a roadmap for a community's future
growth and development, encompassing principles, guidelines, standards, and strategies to ensure
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2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
orderly economic, social, physical, environmental, and fiscal growth. It captures the community’s
commitment to implementing sustainable, balanced development initiatives through detailed sections,
which often include goals, objectives, and policies. These sections outline how the local government’s
programs, activities, and land development regulations will align with and promote the plan in a
cohesive and consistent manner
Progress: The Town Planner along with the Town Manager’s Office has engaged a consultant to assist
with our Comprehensive Plan update. Initial internal staff meetings have commenced and will be
followed by a Commission and public engagement and approval process.
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2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
TOWN OF HIGHLAND BEACH
FY 2024/2025 STRATEGIC PRIORITIES PLAN
November 19, 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 and servant leadership.
Lead with integrity at every level.
Assure fiscal responsibility and accountability.
Nurture and respect our natural environment.
Deliver services through collaborated efforts and coordinated actions.
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2024-2025 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 strategic priorities are worked on concurrently by the assigned
departments and staff with the ranking driving resource allocation. 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 the 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 4: 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 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. Website use and navigation to be evaluated to improve user experience.
SP 5: 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: FY 2025 Appropriation requests to be discussed with Lobbyist November/December
2024.
SP 7: Charter Review/Amendments (Annual Review)
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.
Progress: Commission discussion Fall 2024/Winter 2025.
SP 12: Financial Management Systems
Description: The Finance Department in partnership with the Manager’s Office is updating the
town’s investment policy and the 5-year Financial Forecast Model.
Progress: The updates scheduled Fall 2024/Winter 2025
SP 13: Public Record Digitization/Management Project
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2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
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
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 6: 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: Under Construction. Target completion date June 2025.
SP 8: Town Entry Signs (A1A)
Description: The two existing town entry signs have deteriorated and need to be replaced.
Progress: Signs have been constructed. Awaiting installation.
SP 9: 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: Commission reviewed ordinance language (September 2024) then directed approved
ordinance revisions to Planning Board for formal review and recommendation
(November/December 2024.)
SP 16: 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.
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2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Progress: The Planning Board has commenced its discussion of the public engagement process.
The Commission has suspended further review pending Milani Park Project and “Live Local”
legislative modifications. No other progress.
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 11: Old Fire Station
Description: Consider the rehabilitation of the Old Fire Station to not only store back-up
apparatus and equipment for the Fire Rescue department but also create useful and beautiful
multi-purpose space for community functions.
Progress: Preliminary design concepts and structural evaluation of old fire station completed.
Project in value engineering and costs estimation phase.
SP 14: Evaluate Ordinance Development Process
Description: Consider reviewing the current ordinance development procedure to ensure it is
the most efficient and effective means of addressing community problems and challenges and
engages the residents.
Progress: No progress to date. Preparing discussion for future Commission meeting Fall
2024/Winter 2025.
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.
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2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Progress: Town Commission reviewed draft ordinance concepts and directed Planning Board to
conduct public review and make recommendations.
SP 17: Temporary Sign Ordinance Review
Description: The Town Commission has directed staff to update the ordinance provisions related
to temporary signs with a focus on political signs and real estate signs.
Progress: No Progress.
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 2: Milani Park
Description: Continue to work with Palm Beach County Administration and Parks and Recreation
Department along with County Commissioners on the future development of 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: Contract compliance review is ongoing. An archaeologist to assist with cultural
resource review has been secured.
SP 10: 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.
Progress: The updated the 2013 Beach Feasibility Study completed. Natural Resource Advisory
Board educating the public on the results.
SP 18: 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.
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2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
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 19: 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
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
Property Insurance
Affordability/Cost of Living
New Projects & Initiatives (Unranked):
Preferred Employer Program
Description: The Town Manager’s Office, in collaboration with the Town Commission, will design and
implement a comprehensive compensation, workplace, and benefits program. This initiative aims to
attract and retain high-quality employees who excel in teamwork and are committed to delivering
exceptional municipal services and public safety.
Progress: Ongoing with annual budget.
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2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
Police Marine Docking/Access Facility
Description: The project involves the design and construction of a marine docking facility to support the
Police Department's patrol and rescue vessel. The facility will be situated at the western end of the
Town Hall complex, behind the library. To offset project costs, the Town will actively seek grants and
appropriations.
Progress: The Police Department has secured the FIND Grant (50% cost share) for the design portion of
the project. The Town Manager’s Office and Police Department will pursue grants/appropriations for
construction.
Police Assigned Vehicle Program
Description: To enhance the recruitment and retention of high-quality police officers and remain
competitive with neighboring agencies, the Town Commission has directed the Town Manager’s Office,
in collaboration with the Police Department, to develop an assigned vehicle program. The project will
also involve exploring and assessing various financing options.
Progress: The Police Chief and Town Manager have engaged in initial, individual conversations with the
Town Commission on the program elements. The Finance Director has been directed to evaluate the
financing options.
Electric Vehicle Protocols (Fire Safety)
Description: In response to the increasing use of electric vehicles and other battery-powered modes of
transport, the Town Commission has tasked the Fire Department, in collaboration with Condominium
Associations, with developing fire safety guidelines for vehicle charging and rechargeable battery
storage. These guidelines will aim to ensure safe practices and reduce fire risks within the community.
The guidelines will be accompanied by a public outreach campaign.
Progress: Guidelines developed by Highlands Place Condominium and Vice Mayor Stern and will be used
as template for other groups. Outreach pending.
Old Post Office
Description: Explore the rehabilitation of the old Post Office into a security center and public entrance to
the Police Department. Project will evaluation physical connection of the old Post Office to the existing
Police Station.
Progress: Preliminary design concepts developed and shared independently with Commissioners. Value
engineering and cost estimation phase has commenced.
Sanitary Sewer Lining Project
Description: The sanitary sewer system has begun to show signs of deterioration and needs complete
rehabilitation via a comprehensive lining project. The selected method of rehabilitation is the least
disruptive and most cost effective. The residents in March of 2024 authorized the project at a not to
exceed cost of $3.5 million. Staff attempted to secure a “piggyback” contract to complete the project in
phases. No such contract could be obtained; therefore, staff will commence securing a Clean Water
State Revolving Fund Loan (SRF) to complete the project in one single phase.
Progress: Staff has reached out to the State of Florida SRF Program. This project cannot start
construction until FDOT has completed the A1A Resurfacing Project.
Comprehensive Plan Update
Description: Pursuant to state law, local governments are required to periodically update their
Comprehensive Plan. The Town’s comprehensive plan functions as a roadmap for a community's future
growth and development, encompassing principles, guidelines, standards, and strategies to ensure
Page 81
2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
orderly economic, social, physical, environmental, and fiscal growth. It captures the community’s
commitment to implementing sustainable, balanced development initiatives through detailed sections,
which often include goals, objectives, and policies. These sections outline how the local government’s
programs, activities, and land development regulations will align with and promote the plan in a
cohesive and consistent manner
Progress: The Town Planner along with the Town Manager’s Office has engaged a consultant to assist
with our Comprehensive Plan update. Initial internal staff meetings have commenced and will be
followed by a Commission and public engagement and approval process.
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 directions 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 monthly. It is
important to note that some projects may require a more complex action plan based on the scope of
the project/initiative. The Action Plan Template is attached for reference.
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2024-2025 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
Fiscal Year 2023
1. PBA Collective Bargaining Agreement FY 2023 – 2026
2. FOP Collective Bargaining (General Employees) FY 2023-2026
3. FY 2023 Appropriation Received: $250,000 for Lift Station No. 2 Rehabilitation
4. 5-year financial forecast model completed (Updated Annually)
5. Purchasing Policy Update
6. Interactive Budget Posted on Website (Updated Annually)
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2024-2025 STRATEGIC PRIORITIES PLAN TOWN OF HIGHLAND BEACH
7. Solid Waste Contract: FY 2023 -FY 2028 (w/ 2 one-year renewals)
8. Sprint/T-Mobile Cellular Lease Renewal (25-year Agreement based on a 5-year renewal periods)
9. Adopted Sea Turtle Lighting Ordinance
10. Updated Building Recertification Program (compliant with state statute)
Fiscal Year 2024
1. FY 2024 Appropriation Received: $250,000 for Lift Station No. 3 Rehabilitation.
2. March 2024 Ballot Questions Approved: (1) Financing a Sanitary Sewer Lining Rehabilitation
Project, (2) Raising the Current Funding Limitation, and (3) Ability to Designate Election
Canvassing Duties to Palm Beach County.
3. Fire Station Construction
4. Fire Rescue Department Implementation
5. Mutual Aid Agreement with the City of Boca Raton
6. Code Enforcement Process Modified to Incorporate Special Magistrate
7. TOHB Beach Restoration Feasibility Study January 2024.
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