AGENDA  TOWN OF MANGONIA PARK RFEGULAR TOWN COUNCILMEETING FEBRUARY 6,2024  BLACKI WILLIAM H. ALBURY, III  6:00 MMONTH  MAYOR  SARITAC.JOHNSON VICE MAYOR  At - the  KISTANICIANAMVEN COUNCILMEMBER LISADAVIS-QUINCE COUNCILMEMBER CLARENCL: R. MCCONNELL COUNCILMEMBER  SN  Mofay  348 ARhp2 A:  11 -  PUBLIC: ATTENDING s  ALR  1. ROLLCALL, INVOCATION: AND PLEDGE OFALLEGIANCE  2. APPRONALOFMINUTES 3. AGENDAAPPROVAL A. Additions, Deletions, and/or Substitutions Ba: Approval ofthe Agendas  GA SASRS si ro 1uw 4 TEA    C. Consent Agenda: All items marked with an asterisk (*) are considered routine and will be adopted by one motion unless remoyed by a member ofthe' Town Council.     bs   3  a4U MG  4. PROCLAMATIONS AND PRESENTATIONS  A DUL 145  A. Presentation by Town Attorney Amity Barnard, Regarding theJ Enactment 5. PALM BEACH COUNTY LEAGUE OF CITIES han L the  ofan Ordinance (2024-01) on Vacation Rentals.  J    6. ORDINANCESAND RESOLUTIONS 7. MISCELLANEOUS BUSINESS  diy -  A4y A4 : 1 S * B B1, a  M91  A. Consideration ofa SeconaAr Amendment to Interlocal Agreement R-2006-0512 Between the Cities and Towns Creating the BioscienceLand: Protection Advisory Board, Terminating Said Agreement Retroactive to January 22, 2024. B. Consideration for the Approval of an Agreement (Continuing Services) Between the Town ofMangonia Park and Craig Smith & Associates Engineering. C. Consideration for the Selection and Approval ofa an Agreement to Conduct the Town's  Vulnerability Assessment: 1. CMA: Chen Moore & 2. Erin L. Deady, PA  d a  ROADS  D. Discussion: on the Purchase and Installation ofa a Pump Replacement: for the Lift Station at the Fleet Maintenance n/k/a Company Wrench LTD, 1117 53rd Court North,  Mangonia Park, FL33407:  1. 2.  Electric Motors ofPalm Beach PSI Technologies, Inc.  $6,681.67 $6,750.00  E. Discussion on the Rehabilitation ofthe Parking Lot at the Town Hall, 1755 East  Tiffany Drive, Mangonia Park, FL 33407:  1. 2.  Saffold Paying, Inc. South Florida Asphalt Services  $11,316.00 $12,500.00  -  8. REPORTS: B.  A. All Departments Town Manager. Metcalf  PBSO: C. Engineering: D. Attorney:  Capt. Rodney Thomas Calvin Giordano & Associates, Inc: (David Stambaugh, P.E.) Davis & Associates, P.A. (Amity Barnard, Esquire) &  bIRA  9. COUNCIL COMMENTS  MARGH  1. 2. 3. 4. 5.  Kelisha Buchanan-Webb, Council Member Lisa Davis-Quince, Council Member  Clarence R. McConnell, Council Member Sarita C.. Johnson, Vice Mayor William H. Albury, II, Mayor  01963 ASHINGTON  1.    10. ADJOURNMENT  NOTE: Any person who decides to appeal any decision oft the Town Council with respect to any matter considered at this meeting will need to ensure that a verbatim record oft the proceedings is madé, which record includes the testimony and upon which the appeal is to be IN ACCORDANCE WITH THE PROVISIONS OF THE. AMERICANS DISABILITIES ACT (ADA), THIS DOCUMENT CAN BE MADE AVAILABLE IN AN. ALTERNATIVE FORMAT (LARGE PRINT) UPON REQUEST AND SPECIAL: ADVANCE. NOTICE. FOR HEARING. ASSISTANCE: IF ANY PERSON WISHES TO USE A HEARING DEVICE, PLEASE CONTACT THE TOWN  based. The Town ofMangonia Park does not providethis service.  -  CLERKI PRIOR TOA ANY MEETING INT THETOWN. HALL.  - the Pledge of Civility PPATPYAe even wwhien we disagree, lwe sill directallcomments Ranpnale, Poftenésscasts. So fittl."- Abraham Lincolnz  RI  ADS  Zhethen, hemesferatal,  LE aterefest  and  LN  ON WASHI  UI  The  FOR. JOBS &FREEDOM GAUEraRe  Emancipation Proclamation  and the MARCH  1863  Mrirthelime hatefon Mhe  0N/1963 WASHINGTON:  dakubnat AMAAY9Ae tthe        VA  ORDINANCE NO. 2024-01  ANORDINANCEOFTEOFTHETOWNCOUNCILOFTHETOWN OF MANGONIA PARK, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF MANGONIAPARKATCHAPTER 14. LICENSES. AND BUSINESS REGULATIONS. TO ADD ENTIRELY NEW ARTICLE IV. VACATION RENTALS. CONTAINING ENTIRELY NEW SECTIONS 14-41 THROUGH 14-47 TO REQUIRE PERMITS AND ESTABLISH REGULATIONS FOR VACATION RENTALS OPERATING WITHIN THE TOWN; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14.LICENSESANDI BUSINESS REGULATIONS. SHALLREMAIN INI FULL. FORCE AND EFFECT. AS PREVIOUSLY ADOPTED; PROVIDINGA CONFLICTS CLAUSE, A SEVERABILITY CLAUSE. AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER WHEREAS, prior to 2011, municipalities in Florida were free to regulate local land use issues under the Home Rule authority granted by the Florida Constitution and Chapter 166, Florida  PURPOSES.  Statutes; and  WHEREAS, in 2011, the Florida Legislature enacted Chapter 201-19LawsotHlord, preempting the local regulation of a specific land use known as vacation rentals, preventing municipalities from enacting new regulations necessary to address any consequential or negative  impacts caused by vacation rentals; and  WHEREAS, in 2014, the Florida Legislature enacted Chapter 2014-71, Laws of] Florida, rescinding the complete preemption of the regulation of vacation rentals, and specifically mandating that local laws, ordinances or regulations could not prohibit vacation rentals or regulate  the duration or frequency of vacation rentals; and  WHEREAS, Chapter 2014-71, Laws of Florida, returned some local control back to municipalities to mitigate the effects of vacation rentals in an attempt to make them safer and more compatible with existing neighborhood regulations and to hold operators of such properties  accountable for their proper operation; and  WHEREAS, the occupants of vacation rentals, due to the transient nature of such occupancy, are unfamiliar with local hurricane evacuation plans, the location off fire extinguishers, exit routes, pool and home safety features, and other similar safety measures that would ordinarily be provided to guests in traditional lodging establishments (i.e., hotels and motels); and  WHEREAS, when unregulated, there is the potential that occupants of vacation rentals located within established neighborhoods may disturb the quiet enjoyment of the neighborhood  I    and create numerous secondary impacts, including noise, traffic, parking and a greater demand on  public services; and  WHEREAS, traditional lodging establishments are typically restricted to commercial and other non-residentially zoned areas where intensity ofuse is separated from less busy and quieter  residential uses; and  WHEREAS, like many other municipalities throughout the State ofFlorida, the Town of Mangonia Park wishes to impose standards both toj provide: for the safety and welfare ofoccupants of vacation rentals and to minimize any negative impacts caused by vacation rentals in residential  areas, especially established single-family neighborhoods with the Town; and  WHEREAS, the Town of Mangonia Park desires vacation rentals that are safe, conform to the character of the community, provide positive impacts for tourism, do not detract from  property values and achieve greater neighborhood compatibility; and  WHEREAS, the Town's enactment of regulations applicable to vacation rentals is necessary to preserve the integrity of residential areas and neighborhoods and corresponding property values, while also protecting the health, safety and welfare of residents, property owners,  investors and transient occupants of the Town; and  WHEREAS, the Town'sr regulations are intended to supplement, not replace, any existing federal or statel law or regulation or any existing controls within established residential units served  by homeowner or condominium associations; and  WHEREAS, the Town's regulations neither prohibit vacation rentals nor restrict the duration or frequency of vacation rentals; rather they are intended to address life safety and compatibility concerns and the secondary effects of vacation rentals located within residential  areas and neighborhoods; and  WHEREAS, the Town of Mangonia Park has held all required public hearings and has provided public notice in accordance with applicable State statutes and Town ordinances; and WHEREAS, the Town Council believes these amendments to the Code of Ordinances NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF  are in the best interests oft the citizens of the Town ofl Mangonia Park. THE TOWN OF MANGONIA PARK, FLORIDA, THAT:  2    Section1 1. The Code of Ordinances oft the Town of Mangonia Park, Florida, is hereby amended at Chapter 14. Licenses and Business Regulations., to add entirely new Article IV. Vacation Rentals. containing entirely new Sections 14-41 through 14-47 to require permits and establish regulations for vacation rentals operating within the Town; providing that Chapter 14.,  Article IV. shall hereafter read as follows:  AKTICIEIV.-YACATON RENTALS  Sec. 14-41.- Vacation rental permit required.  Itshall be unlawful for any person or entity to operate or occupy a residential property that is a single-family, two-family, or multiple-family house or dwelling unit as a vacation rental within the town, or offer such property for rent as a vacation rental within the town, unless the person or entity has registered such property with the town by obtaining a vacation rental permit ina accordance with the requirements of this article. A vacation rental is a dwelling unit that is also a transient public lodgingstablishment, but is not a time share project. A transient public lodging.establishment, as defined by F.S. 85 509.013(4)a). as amended, is any unit which is rented out to guests more than three (3) times in a calendar year for periods ofl less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out the public as a place regularly rented to guests for periods less than thirty (30) days orone) calendar month, whichever is less. Separate permits are required for each individual vacation rental unit. All vacation rental permits shall be renewed annually and shall be considered delinquent ifnot renewed by September 30 of each year. Vacation rental permits are separate  and distinct requirements in addition to business tax receipts. Sec. 14-42.- Vacation rental permit application.  Every vacation rental owner or operator shall register with the town by submitting to the building department a completed vacation rental permit application in a form promulgated by the town, together with registration and inspection fees in amounts established by resolution of the town council, which amounts may be amended from time to time. A separate permit application form with separate registrationandi inspection fees shall be required for each vacation  rental unit.  3    (I) Permit application. A complete vacation rental permit application form shall include the  following:  a. Property card printout from the county property appraiser database;  b. Current transient public lodging establishment license issued by the state department Current certificate of registration with the state department ofi revenue for remittance  ofbusiness and professional regulation;  ofa applicable state taxes;  d. Current palm beach county business tax receipt;  . Total number of sleeping rooms at the vacation rental unit; maximum number of guests that can stay overnight at the vacation rental unit at any one time (maximum Maximum number ofindividuals that may gather at or occupy vacation rental unit property at any one time (maximum number of individuals permissible isonea and one-half times the maximum occupants authorized to stay overnight at the vacation g. Homeowners or property owners association approval to operate the vacation rental h. Floorplan of the vacation rental unit which includes stairways, hallways, bedrooms, Site suryey which includes the residential unit, any swimming pools, hot tubs,spas,  occupancy is eight in four or more sleepingrooms);  rental unit,and inno case more than 12 individuals);  unit, ifapplicable;  exists, and which identifies all fire extinguisher locations;  and fencing;  Acopy of a sample lease agreement;  k. A completed vacate on rental responsible party designation, in the format prescribed by the town, which includes the information required by section 14-43 below; and Proof that the vacationrental has satisfied the inspectionrequirements as provided  ins section 14-45ofthis code.  (2) Modification ofpermit. An application for modification of a vacation rental permit shall ber required in the event that any of the following changes to the vacation rental are  proposed:  a. An increase in the gross square footage; b. An increase in the number of bedrooms; Ani increase in the maximum occupancy;  4    d. Anj increase in the numbero ofp parking.spaces, orac change in the Jocation of parking  spaces;  Anincrease in the number of bathrooms:or  Any other material modifications that would increase the intensity of use on the 3) Duration ofpermit. A vacation rental permit issued under this article shall expire each September 30 and may be annually renewed thereafter if the property is in compliance (4) Renewal ofpermit. A vacation rental permit renewal shall be completed by September 30 ofeach year, through the execution ofai renewal affidavit, in the format prescribed by the town, and the payment of the renewal fee as established by the town. A property owner may apply for renewal of a vacation rental permit beginning July 1 prior to the (5) Incomplete permit applicationrenewa. If the permit application or renewal form submitted pursuant to this article is incomplete, the applicant shall be informed ofsuch deficiency and shall have ten (10) calendar days to correct the deficiency. If any deficiency is not sO corrected, the permit application shall be deemed withdrawn. (6) Outstanding code violations. The town shall not process any vacation rental registration or renewal ifthe property has unresolved code violations or code enforcement liens. Non-ronsferablip-amnor-asigigndhllyofpermil. Vacation rental permits issued under this article are non-transferrable and non-assignable. Ift the ownership ofany vacation rental property is sold or otherwise transferred, the new owner is required to apply for (8)Permit application or renewal fees. The town charges reasonable administrative fees to process a vacation rental permit application or renewal, the amount of which shall be established by resolution ofthe town council. Fees are non-refundable., (9)False or misleading information. It shall be unlawful for any person to give false or misleading information in connection with mmistmabs.mairictm, or renewal ofa vacation rental permit as required by this article. Vacation rental permit applications shall be sworn to under penalty of periury. Any false statements made in an application shall be a basis for the revocation ofany permit issued pursuant tos suchapplication,  vacation rental property,  with this article.  expiration of the annual license.  new permits.  5    Sec. 14-43.- - Vacation rental responsible party.  Every permitted vacation rental under this article must designate a responsible party to respond to routine inspections as well as non-routine complaints and any other problems related to the operation ofthe vacation rental. The property owner may serve in this capacity or shall otherwise designate another person 18 years or older to perform the following duties: (1) Be available by telephone at the listed phone number 24 hours per day, seven days.per week and be capable of handling any issues relating to the operation of the vacation (2), If required, be willing and able to return to the vacation rental within 60 minutes following notification from a vacation rental occupant, law enforcement officer, emergency personnel, or the town to address any issues relating to the operation ofthe (3) Maintainarecord. ofall leaselrental agreements for the vacation rental, as well as arecord ofallguests of the vacation rental. Both ofthese records shall be available fori inspection (4) Receive service ofany legal notice on behalf of vacation rental owners or operators for (5) Conduct an on-site inspection of the vacation rental at the end of each rental period to  rental;  vacation rental;  upon request;  violation oft the requirements set forth in this article;and  ensure continued compliance with the requirements of this article.  Sec. 14-44.- Vasatonmlalstandari:  No person or entity shall own or operate a vacation rental within the town unless such  vacation rental complies with the followings standards: (1) Minimm lleadelyreautremeals,  a. Swimmingpool. spa and hot tub safety, A swimmingpool.spa orl hot tub shall comply with the current standards of the Residential Swimming Pool Safety Act, as set forth b. Smoke and carbon monoxide (CO) detection and notification system. Each vacation rental unit must be outfitted with an operational smoke and carbon monoxide (CO) detection notification system. Every smoke and carbon monoxide (CO) detection notification system must be hard-wired, or have a sealed ten-year battery. A smoke alarm shall be installed in each sleeping room. A carbon monoxide alarm shall be  inE.S.ch.515.  6    installed outside each sleepingroom and adiacent to the garage door, AIL smokea and Fire extinguisher.A portable. multi-purpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and maintained in accordance with NEPA 10 on each floor/level of the dwelling unit. The extinguisher(s): shall be installed on the wall in an open common area or in an enclosed space withappropriate markings d. Local telephone service. At least one (1) landline telephone with the ability to call 911 shall be available in the main level common area in the vacation rental. Secondary means of escape. Every sleeping room and living area shall havea secondary means of escape. It shall be a minimum of one (1) doorway or one (1) window directly to the exterior. The window shall have a clear opening compliance  carbon monoxide alarms shall be interconnected.  visibly showing the location.  with the following:  1. Clear width shall be no less than 20 inches; 2. Clear height shall be no less than 24 inches; 3. Opening shall be no less than 5.7 square feet; and 4. Opening shall be no more than 44 inches above the floor.  (2) Maximum occupancy.  a. Each vacation rental dwelling unit shall comply with the occupancy limitations set 1. The maximum number oftransient occupants authorized tos stay overnight atany vacation rental unit shall be limited to two (2) persons per sleeping room, and a maximum total occupancy of cight (8) individuals in four (4) or more sleeping rooms. The number of sleeping rooms shall be confirmed by on-site inspection 2. The maximum number of persons allowed to gather at or occupy a vacation rental shall not exceed one and one-half times the maximum occupants authorized to stay overnight at that site, as shown on the vacation permitapplication.and inno  forth in the Town's Code or Ordinances, provided however that:  bya a representative of the town, and  event shall a gathering exceed twelve (12) individuals.  (3) Solid waste handling and containment. Solid waste and recycling collection services shall be provided pursuant to section 6-242 of the codeofordinances. For purposesof this section, a solid waste or recycling container shall only be placed curbside for pick-  7    upon the appropriate collection days, and cach solid waste or recycling.container. shall be removed from curbside following collection the day of pickup. (4), Parking. All occupants of and visitors to a vacation rental must abide by all applicable parking regulations and park only in designated and/or approved areas. a. Ifthe vacation rental is a single-family home or duplex, occupants and visitors may only park vehicles on driveways, in garages or carports, on approved, stabilized parking areas (consisting of space that is covered and graded by semi-permeable or impervious materials such as asphalt, concrete,pavers, gravel or similar material),or on the street or swale area immediately adjacent to the vacation rental property. Occupants and visitors may not park on the street or swale area that abuts an adjacent b. The number of automobiles that may be parked at a vacation rental outside ofa carport or garage shall be limited to one (I)automobile per bedroom, plus one (I),  dwelling,  not to exceed a total oft three (3) automobiles.  (5) Designation ofresponsible party. Each vacation rental owner or operator shall designate aresponsible party capable ofmeeting the duties provided in section 14-43.  (6) Rental or lease agreement requirements.  a. There shall be a written or online lease, rental, tenant or other recorded agreement memorializing each vacation rental tenancy between the owner/operator or its responsible party and the occupant(s). The agreement shall, at a minimum, contain 1. The maximum number of occupants for the unit as specified in subsection (2) 2. The number of parking spaces associated with the vacation rental property or dwelling unit, if applicable, and a sketch or photograph showing the location of 3. The names and ages ofall persons whoy will be occupying the property or unit; 5. A statement that all occupants must evacuate from the vacation rental following any evacuation order issued by local, state or federal authorities. b. The town reserves the right to request and receive a copy of any yacation rental lease orrental agreement from the owner/operator or responsible party at any time.  the olowinginformation:  above;  such spaces;  4. The dates ofs such occupancy; and  8    (7), Vacation rental unit postingrequiremnents.  a. The vaçation rental unit shall be posted with the following information next to the 1. The name, address and telephone number oft the vacation rental responsible party; 2. The days and times ofsolid waste and recyclingpick up and a notification that all garbage or trash must be placed in a garbage or trash can or other approved solid waste receptacle and that all recyclables must be placed in approved recyclable  main entrance door:  containers;  3. The location ofthe nearest hospital; and  4. The location of designated parking spaces/areas, ifa applicable.  b. There shall also be posted, next to the interior door of each bedroom, a building (8) Other regulations. Vacation rentals must compizwilhalouhsumaulaiomsiamdandkam! requirements set forth in the Town Code ofOrdinances, including, but not limited to, the requirements ofchapter 5(animals), chapter 6(buildings and building regulations), chapter 15 (offenses includingnuisancesand. noise), chapter 24 (traffic and  evacuation map (at least 8 inches by llinches).  vehicles), and appendix a (zoning).  Sec. 14-45. - Initial and subsequent compliance inspections of vacation rentals. (a) Initial inspection. Ani initial inspection oft the vacation rental by a town code inspector and/or building department personnel, for compliance with this article is required prior to the issuance of a vacation rental permit. Ifviolations are found, all violations must be corrected, and the property or dwelling unit must be re-inspected prior toi issuance ofthe vacation rental (b) Subsequent inspections. Once a vacation rental permit is issued, a vacation rental must be properly maintained in accordance with the vacation rental standards herein and will bere- inspected annually, For an inspection, all violations must be corrected and re-inspected within thirty (30) calendar days. Failure to correct such inspection deficiencies in the timeframes provided shall result in the suspension of the vacation rental permit until such (c) Inspection appointments. The inspections shall be made by appointment with the vacation rental responsible party. Ifthe inspector has made an appointment with the responsible party  permit as provided herein.  time as the violations are corrected and re-inspected.  9    to complete anj inspection, and the responsible party fails to admit the officer at the scheduled time, the owner shall be charged a "no show" fee in an amount established by resolution of (d) Notice offailure ofinspections. Ifthe inspector(s)i is denied admittance by the vacation rental responsible party or if the inspector fails in at least three (3) attempts to complete an initial or subsequent inspection of the rental unit, the inspector(s) shall provide notice of failure of inspection to the owner to the address shown on the existing vacation rental application or (1) For an initial inspection, the notice of failure of inspection results in the vacation rental permit not being issued; the vacation rental is not permitted to operate without a valid (2) For a subsequent inspection, the notice of failure ofi inspection is considered a violation  the town council to cover the inspection expense incurred by the town.  permit.  permit.  and is subject to enforcement remedies as provided herein.  Sec, 14-46. - Prohibitions: evidence ofunlawful vacation rental operation.  (a). Itshall be unlawful for any person or entity to rent, lease, advertise or hold out for rent any property or dwelling unit for vacation rental use without a vacation rental permit, or pending (b) Prima facie evidence of vacation rental uses ofa property or dwelling unit shall include: (1) Registration or licensing for short-term rental or transient rental use by the state under E.S. chapters 212 (Florida Tax and Revenue Act) and 509 (Public Lodginga and Food (2) Advertising, listing, posting, or otherwise holding out a property or dwelling unit for vacation rental use on the internet or other mass communication medium; (3) Reservations, booking arrangements or more than one () signed lease, sublease, assignment, or any other occupancy or agreement for compensation, trade, or other legal consideration addressing or overlapping any_period of30 days or less;or (4). The use of an agent or other third person to make reservations or booking arrangements. (c) Nothing set forth herein precludes the town from presenting other forms of evidence of  application under section 14-42.  Service Establishments):  unlawful vacation rental use or operation.  10    Sec. 14-47. - Administration of vacation rental permits; criteria for denial, suspension, (a) Issuance or denial by the town upon application. The town may either approve a vacation rental permit application/renewal or deny such application/renewal in conjunction with the issuance of a notice of denial upon a finding that one or more of the criteria at section 14- 47(b)(I)-(5) are not met. In addition, the town may, upon approval of a vacation rental permit application/renewa, impose reasonable conditions ofoperation as may be necessary (b) Specifccrileria which may result in the denial, suspension, or revocation of a vacation rental permit by the town or special magistrate. A vacation rental permit may be denied, suspended, or revoked by the town, or suspended or revoked by the special magistrate,as (1)A property owner or vacation rental permit applicant (owner/applicant) has misrepresented or failed to disclose material facts or information which is required to be included in the vacation rental permit application and any other application required by (2): The same or substantially similar vacation rental activity on the subject property during the preceding 12-month period, has been conducted in such a manner as to have violated the town's code of ordinances which regulates the use or operation oft the vacation rental  cancellation, orr revocation ofpermits: apneas:enforement  toJ protect the public health, safety and welfare.  further provided herein, when it is determined that:  the town, the county or the state;  premises and/or one of the following determinations is made: a. The activity has become a public nuisance as set forth in town code; b. The activity constitutes a public nuisance at common law;  The activity violates the town's regulations as set forth in chapter 4, alcoholic  beverages;  d. The activity is manifestly injurious to the public morals;or  e. The vacation rental has been operated ins such a manner as to injure the health, safety, or welfare or to disturb the quiet enjoyment ofthe citizens in the nearby vicinity, This criterion shall not apply if the vacation rental permit application/renewal isi in conjunction with new ownership of the subject property. "New ownership" for this purpose requires an actual change in the individuals who have ownershipi interests in the subject property. The mere re-structuring of corporate holding companies or other transfers deemed to be illusoryi in nature shall not be considered "new ownership."  11    (3), The issuance or renewal of the vacation rental permit was contingent upon the aamplisutscomplane with specific provisions oft the town's, the county's ort the state's laws and the owner/applicant has not satisfied or has violated such conditions, to include but not limited to, specific conditions of approval imposed through development (4), Anowner/applicant has violated any provision ofthis article and has failed or refused to cease or correct the violation at the subject property after having been notified to do SO (5). The premises have been condemned by the local healtha authority orl by the town building official and/or fire marshal for failure to meet state and local standards.  orders issued by the town;  by the town or by an order of the special magistrate;or  (c) Appeals.  (1) Anyowner/applicant aggrieved by a town decision regarding denial of a vacation rental permit application/renewal may file an appeal by requesting a hearing before the code enforcement special magistrate. The hearing request must be in writing and filed with the town attorney within ten (10) calendar days ofreceipt of the decision complained of.' The hearing request must also specify the decision and the principal grievance of the owner/applicant. The town shall then provide such applicant/owner notice ofa hearing (2). Hearing procedures shall be as prescribed in chapter 8, town code. The special magistrate's findings and order shall constitute the final administrative action oft the town (3) Ifthe owner/applicant fails to seek timely appellate review of an order of the special magistrate under this subsection and continues to operate the vacation rental premises in violation of the order and/or this article, the town may pursue any and all enforcement procedures necessary, including abatement of the violation. Any costs for enforcement or abatement action shall be placed as a lien against an owner/applicant's real and  before the special magistrate pursuant to section 8-7, town code.  for purposes ofjudicial reyiew under state law.  personal property.  (d), Violations, enforcement: remedies. Non-compliance with anyprovision oft this division shall constitute a violation oft the town code of ordinances and each day the violation exists shall constitute a separate and distinct violation. Enforcement shall be in accordance with Chapter  8, town code and chapter 162, florida statutes, subject to the following:  12    (1), Firsi-time violations. Upon determination by the town that a vacation rental is being operated in a manner consistent with a first-time violation oft this article, the town shall notify the property owner and/or vacation rental permit-holder of the nature of such violation in accordance with section 8-7.Likewise, notice ofal hearing before thes special magistrate, if needed, shall be provided to the property owner and/or permit-holder pursuant to section 8-8. The conduct for such hearing shall be as prescribed in chapter 8, town code. In addition to any other enforcement authority provided by law, the special magistrate may authorize suspension or revocation of a vacationrental permit upona finding of one or more of the criteria set forth in section 14-47(b)(1) (5).Thes special magistrate's findings and order shall constitute the final administrative action oft the town (2) Subsequent violations. Upon determination by the town that a vacation rental property owner and/or permit-holder has committed a second or subsequent violation of the provisions ofthis article, the town mayimmediately suspend or revoke the vacation rental permit at issue. The town's immediate suspension or revocation of a vacation rental permit as provided herein shall be based upon a finding ofone ou more ofthe criteriaset (3), Enforcement: abatement. Ifvacation rental property owner and/or permit-holder fails to seek timely appellate review of an order of the special magistrate under this subsection and fails to comply timely with such order, the town may pursue any and all enforcement procedures necessary, including abatement of the violation. Any costs for enforcement or abatement action shall be placed as a lien against an ownerapplicant's real and (4) Remedies. Any violations of this article may be enforced pursuant to chapter 8 of the town code of ordinances, chapter 162, florida statutes, or through any other manner authorized by law, including, but not limited to, injunctive relief. The towncouncil of the town ofr mangonia park hereby declares maximum occupancy violations and vacation rental use violations ofthis article tol be irreparable or irreversible in nature and therefore, the special magistrate ofthe townofmangonia park shall have the authority to issue fines ofupt to $5,000 per violation. Additionally, any such fines imposed pursuant to this article shall not be subject to reduction by the special magistrate. Nothing.contained herein shall prevent the town from seeking all other available remedies which may include, but not  for purposes ofjudicial review under state law.  forth in section 14-47(b)(1) (5).  personal property.  13    be limited to, suspension or revocation ofa vacation rental license,iniunctive relief, liens and other civil and criminal penalties provided by law, as well as referral to other (5), Fees O1 taxes. No fees or taxes shall be refunded ifa vacation rental permitissuspended,  enforcing agencies.  revoked, or cancelled pursuant to this article,  Section 2. Each and every other section, subsection, and schedule of Chapter 14. Licenses and Business Regulation. shall remain in full force and effect as previously adopted. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are Section 4. Ifany section or provision of this ordinance, any paragraph, sentence or word is declared invalid by a court of competent jurisdiction, the decision shall not affect the  repealed.  validity oft the remainder of this ordinance, Ordinances oft the Town of Mangonia Park.  Section 5. Specific authority is hereby given to codify this ordinance into the Code of  Section 6. This ordinance will take effect immediately upon adoption.  14    7A  SECOND AMENDMENT TO INTERLOCAL AGREEMENT R-2006-0512 BETWEEN PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS, THE TOWN OF JUPITER, THE TOWN OF MANGONIA PARK, THE TOWN OF LAKE PARK, AND THE CITY OF RIVIERA BEACH CREATING THE BIOSCIENCE LAND PROTECTION  ADVISORY BOARD,  TERMINATING SAID AGREEMENT  RETROACTIVE TO JANUARY 22, 2024.  This Second Amendment to Interlocal Agreement is made this  day of  2024, between Palm Beach County, a political subdivision of the  State of Florida ("County"), and the City of Palm Beach Gardens, the City of Riviera Beach, the Town of Mangonia Park, the Town of Lake Park, and the Town of Jupiter, Florida municipal corporations ("Cities"), collectively referred to as "the Parties", each one constituting a public agency as defined in Partlo of Chapter 163, Florida Statutes.  WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local  communities; and  WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as defined therein, to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which  each might exercise separately; and  1        WHEREAS, the Cities and County entered into Interlocal Agreement R-2006-  0512 establishing the Bioscience Land Protection Advisory Board; and  WHEREAS, on January 22, 2024, the Bioscience Land Protection Advisory Board ("BLPAB") held a meeting and voted unanimously to sunset said board and  terminate said Interlocal Agreement; and  WHEREAS, Cities and the County have determined it is in their interest to ratify the action of the BLPAB and terminate said board and Interlocal Agreement retroactive  to. January 22, 2024.  NOW THEREFORE, in consideration of the mutual representations, terms, and  covenants hereinafter set forth, the parties hereby agree as follows:  PART1. The foregoing recitals are true and correct and are hereby incorporated  herein by reference. PART: 2. follows:  SECTION 5 of INTERLOCAL AGREEMENT R-2006-1512 is amended as  SECTION5. General Terms and Conditions  A. This Agreement shall terminate on January 22, 2024 contnue-through  Mareh14,2026,DEmmayDe-ewended mnyemadhepete.  PART 3.  A. A copy of this Amendment to Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01(11),  Florida Statutes.  B. This document can be signed in counterparts.  2        IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the  day and year first above written.  ATTEST: Joseph Abruzzo, Clerk & Comptroller By: (SEAL)  PALM BEACH COUNTY, FLORIDA, BYI ITS BOARD OF COUNTY COMMISSIONERS  By:  Deputy Clerk  Mayor  APPROVED AS TO FORM AND LEGAL SUFFICIENCY  APPROVED AS TO TERMS AND  CONDITIONS By:  By:  County Attorney  Assistant County Administrator  ATTEST: By: City Clerk  CITY OF PALM BEACH GARDENS,  FLORIDA By:  Mayor  APPROVED AS TO FORM AND LEGAL SUFFICIENCY  By: City Attorney  3        ATTEST: By:  TOWN OF JUPITER, FLORIDA  By:  Town Clerk  Mayor  APPROVED AS TO FORM AND LEGAL SUFFICIENCY  By:  Town Attorney  ATTEST: By:  TOWN OF LAKE PARK, FLORIDA  By:  Town Clerk  Mayor  APPROVED AS TO FORM AND LEGAL SUFFICIENCY  By:  Town Attorney  ATTEST: By:  TOWN OF MANGONIA PARK, FLORIDA  By:  Town Clerk  Mayor  APPROVED AS TO FORM AND LEGAL SUFFICIENCY  By:  Town Attorney  4        ATTEST: By:  CITY OF RIVIERA BEACH, FLORIDA  By:  City Clerk  Mayor  APPROVED AS TO FORM AND LEGAL SUFFICIENCY  By:  City Attorney  5        7B  TOWN OF MANGONIA PARK  AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES This Agreement for Professional Engineering Services ("Agreement"): entered into this February, 2024, effective immediately, by and between Craig A. Smith & Associates, LLC, a Florida corporation with a principal address of 1425 E. Newport Center Drive, Deerfield Beach, Florida 33404 hereinafterreferred to as "CAS" and the" Town ofN Mangonia Park, ai municipal corporation with offices located at 1755 East Tiffany Drive, Mangonia Park, Florida 33407, hereinafter referred to as the "Town".  day of  WHEREAS, the Town requires certain engineering services on a continuing contract basis for the design and construction management of water distribution, stormwater/drainage management, GIS, roadway, sidewalk, curb and gutter, parks and recreation facilities, infrastructure facilities, general municipal engineering services, plat and plan review services, and building design services, consultation for emergency Matersomwaterrpadway Repairs, Inspection Services for emergency aterstomwaterrondway repairs in  connection with, but not limited to its water and wastewater systems and water plant; and  WHEREAS, the Town has selected CAS under the provisions of Section 287.055, Florida Statutes, also known as the Consultant's Competitive Negotiation Act ("CCNA") and desires to enter into a "continuing  contract" with CAS within the meaning the CCNA; and  WHEREAS, CAS represents it is capable and prepared to continue to provide such services under the NOW, THEREFORE, in consideration of the promises contained herein, the parties hereto agree as  terms and conditions set forth herein.  follows:  ARTICLEI-TERM; AGREEMENT NOT: EXCLUSIVE  This Agreement shall remain in effect for a term of three (3) years from the date of this Agreement, unless otherwise terminated as provided herein at Article 13. Additionally, the parties may further extend the Agreement for additional three-year renewals upon mutually acceptable terms and conditions. Any such extension shall be in writing and must be executed by both parties. The extension may provide for the completion of all tasks previously authorized by the Town in accordance with Article 2 unless terminated in accordance with this Agreement or allowed to lapse by failure to extend same at the end oft the term.  Nothing in this Agreement shall prevent the Town from employing other Consultants to perform the same or similar services. The Town also retains the option, at its sole discretion, to perform any and all  professional engineering services by utilizing Town employees or other engineers.  ARTICIEI-SERVICES TO BE PERFORMED BY CONSULTANT; INSTRUMENT OWNERSHIP  2.1-5 Services  CAS shall perform certain professional civillengineering services and such other related services in    connection with the design and construction management of water distribution, stormwater/dramnage management, GIS, roadway, sidewalk, curb and gutter, parks and recreation facilities, infrastructure facilities, generalmumicipalengineeringservices, plat and plani reviewservices, and bauidingdesignservices, consultation for emergency aterstomwatetroadhay Repairs, Inspection Services for emergency walterstomwaterfpadway repairs in connection with, but not limited to its water and wastewater systems and water plant as may be required by the Town from time to time which are specifically authorized by the Town and set forth in a specific Scope of Services. Each such specific authorization will be referred to asa Consultant Services Authorization ("CSA"). Each CSA shall be designated as a consecutively numbered exhibit to this Agreement and shall be attached hereto and incorporated by reference as part of this Agreement. Each CSA form will set forth a specific scope of services, total amount of compensation and completion date. All individual CSAs for projects and services performed pursuant to this Agreement must be approved by the Town  Council prior to commencement of any work by CAS.  2.2-Ownership  All instruments of professional services including, but not limited to, documents, records, disks, original drawings and/or other information created and/or procured by CAS for any work authorized hereunder shall become the property oft the Town upon completion oft the work for which the asset was utilized and upon  payment by the Town, in accordance with Article 16.  ARTICLE3-COMPENSATION 3.1-General  The Town shall pay CAS in accordance with each individual CSA; however, such CSA shall be based upon thel Fee Schedule attached hereto as. Exhibit "A"and incorporated by reference. as part of this Agreement. Such Fee Schedule may be adjusted by mutual consent of both parties. Compensation based upon such Fee Schedule will be negotiated as a lump sum price or as an hourly rate for each individual CSA as set forth in  Article 2 hereinabove.  3.2-R Reimbursables  All requests for payment of "out-of-pocket" expenses which may be eligible for reimbursement shall be included on the individual CSA applicable to the project. Copies of paid receipts, invoices or other documentation acceptable to the Town Manager may be requested by the Town for documentation sufficient to establish that the expense was actually incurred. No payment will be made for items not listed on the CSA  unless approved by the Town Council prior to the expenditure by CAS.  ARTICLE4-1 INSURANCE  During the performance of the services under this Agreement, CAS shall maintain the following  insurance policies written by an insurance company authorized to do business in Florida:    1. 2.  General liability insurance with bodily injury limits of not less than $1,000,000 for each occurrence, and with property damage limits of not less than $1,000,000 for each occurrence. Automobile liability insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits of not Workers' Compensation insurance ina accordance with statutory requirements and employer's liability insurance with limits of not less than $100,000 for each accident, $100,000 for each Professional liability insurance with limits of not less than $1,000,000 annual aggregate. CAS shall furnish the Town certificates of insurance which shall include a provision that policy cancellation, non-renewal or reduction of coverage will not be effective until at least thirty (30) days written notice has been made to the' Town. CAS: shall include the' Town as an additional insured on the general liability and automobile liability insurance policy required by this Agreement. All of CAS's subcontractors shall be required to include the Town and CAS as additional insured on their general liability insurance policies. CAS shall not commence work under this Agreement until all insurance required as stated herein has been obtained  less than $500,000 for each accident.  3.  disease, and $500,000 aggregate.  4.  and certificates evidencing same are filed with the Town. ARTICLES-STANDARD OF CARE  CAS shall exercise the same degree of care, skill and diligence in the performance of the services as is ordinarily provided by a comparable professional under similar circumstances and shall be obligated to correct services which fall below such standards at no additional cost to the Town. CAS warrants that all services shall  be performed by skilled and competent personnel. ARTICLE6-1 INDEMNIFICATION  CAS agrees to protect, indemnify, provide costs of defense and hold harmless the' Town, its employees and representatives, from and against any and all claims and liabilities, including all attorneys' fees and court costs, including appeals, for which the' Town, its employees and representatives, can or may be held liable as a result ofi injury (including death) to persons or damage to property to the extent occurring by reason of any negligent or intentional acts or omissions of CAS, its employees or agents, including subcontractors, in the performance of services under this Agreement. CAS: shall not be required to indemnify the' Town or its agents, employees or representatives when an occurrence results from the wrongful acts or omissions oft the Town or its agents, employees or representatives. The terms and conditions oft this Article shall survive the completion of all services, obligations and duties provided for in this Agreement as well as the termination of this Agreement for any reason. Nothing contained in this provision shall be construed or interpreted as consent by the Town to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28,    Florida Statutes.  ARTICLE7-1 INDEPENDENTCONTRACTOR  CAS will perform required services on an independent contractor basis and shall bes solely responsible for its employees' payroll taxes to include, but not be limited to Federal Income Withholding Tax, workers' compensation, FICA, and Federal and State Unemployment taxes. CAS is responsible for proper certification and licensure ofa all officers and employees and for thej provision of benefits, insurance, etc. for its officers and employees. CAS shall provide verification to the Town of all required federal, state, county and local licenses for itself and any subcontractors to be used by CAS prior to the commencement of any work or the provision ofany goods/services hereunder. The failure of CAS to comply with the requirements of this paragraph, or CAS's use of employees or subcontractors, including subcontractor employees, who are not eligible to be employed in the United States, or CAS's failure to comply in all respects with the Immigration Reform and Control Act of 1986 shall void this Agreement, and the Town shall not be liable to CAS for any amounts that may be due hereunder, ori in any manner whatsoever as it relates to the terms ofthis Agreement.  ARTICLE8-/ AUTHORITYTO PRACTICE  CAS hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at allt times conduct its business activities ins a reputable manner.  ARTICLE9- COMPLIANCE WITHLAWS  Inj performance of the services, CAS will comply with applicable regulatory requirements, including  federal, state, special district and local laws, rules, regulations, orders, codes, criteria and standards.  ARTICLE J0-SUIRCONTRACTING  The Town reserves the right, ini its sole discretion, to accept or reject the use ofas subcontractor and to inspect all facilities of any subcontractor to ensure that the selected subcontractors will be able to perform properly under this Agreement. Ifas subcontractor fails to perform or make progress as required by any CSA and it becomes necessary to replace the subcontractor in order to complete the work in a timely fashion, CAS shall promptly provide ar replacement, subject to acceptance oft the new subcontractor by the Town.  ARTICLE II-FEDERALAND: STATETAXES  The' Town is exempt from federal tax and: states sales and uset taxes. Upon request, the Town will provide an exemption certificate to CAS.CAS is not exempt from paying sales tax to its suppliers for materials to fulfill contractual obligations with the Town, nor shall CAS be authorized to use the Town's Tax Exemption Number  in securing such materials,    ARTICLE 12-AVAILABILITY OFI FUNDS  The obligations ofthe Town under this Agreement and any CSA are: subject to the availability off funds lawfully appropriated for its purpose by the Town Council oft the Town of Mangonia Park. CAS may rely on  the execution of an individual CSA as evidence that funds have been appropriated.  ARTICLE 13-7 TERMINATION OF AGREEMENT  This Agreement may be terminated by either party with or without cause upon thirty (30) days prior written notice to the other. Unless CASisi in breach oft this Agreement, CAS: shall be paid for services rendered to the Town's reasonable satisfaction through the date of termination. Notice as required hereunder shall be  sufficient when provided in accordance with Article 14 hereinbelow.  Upon termination of this Agreement pursuant to this Article or for any other reason or cause, CAS's services shall cease as of the effective date of termination, provided that CAS shall immediately deliver all documents, written information and other materials ini its possession to the' Town Manager and shall cooperate in the transition ofi its consulting duties to all appropriate parties at the direction oft the Town; shall assure that its work responsibilities and projects are not compromised; and shall maintain the highest standard of ethics  during such transition period. ARTICLE 14-N NOTICE  Any notice, demand, communication or request required or permitted hereunder shall be in writing and  delivered in person, by facsimile or sent by certified mail as follows:  ASTOTOWN Kenneth L. Metcalf, Town Manager Town of Mangonia Park 1755 East Tiffany Drive  WITH COPYTO Keith W. Davis, Esq. Town. Attorney Town of Mangonia Park Davis & Associates, P.A. West Palm Beach, FL33407  ASTOCAS Aneesh Goly, Manager Craig A. Smith & Associates, LLC 1425E E. Newport Center Drive Deerfield Beach, FL: 33404  Mangonia Park, FL33407 701 Northpoint Parkway, Suite 205  Notices shall be effective when received at the addresses as specified above. Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions reçeived (i.e., printed) after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must additionally be sent by certified mail. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice sent by regular mail or facsimile to  the other party.    ARTICLEIS-FORCE MAJEURE/UNCONTROLLABLABLEFORCES  Neither the Town nor CAS shall be deemed in default of this Agreement if delays or failure of performance is due to uncontrollable forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable force(s)" shall mean any event which results in the prevention or delay of performance by a party ofi its obligations under this Agreement which is beyond the reasonable control oft the nonperforming party. Iti includes, but is not limited toi fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage and governmental actions. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. Notice as required hereunder shall be sufficient  when provided in accordance with Article 14 hereinabove.  Neither party shall, however, be excused from performance ift nonperformance is due to forces which are preventable, removable, or remediable and which the nonperforming party could have, with the exercise of  reasonable diligence, prevented, removed or remedied with reasonable dispatch.  ARTICLE 16-C OWNERSHIP OFI DOCUMENTS  CAS: shall be required to cooperate with other consultants relative to providing information requested inat timely manner: andi int the: specified form. Allinstruments of professional services, including, but not limited to, documents, records, disks, original drawings or other information created or procured by CAS for any work which is the subject of this Agreement and an individual CSA shall, upon completion oft the work and payment of all monies due CAS, become the property of the Town for its use and/or distribution as may be deemed appropriate by the Town. However, both parties specifically acknowledge and agree that any re-use of such documents by the Town, for other than the specific purpose intended, without written verification and adaption by CAS for such specific purpose will be at the sole risk of the Town and without liability or legal exposure to  CAS.  AKTICLEIT-ACCESS AND AUDITS  CAS shall maintain adequate records to justify all charges and costs incurred in performing work authorized under this Agreement and individual CSAS for at least three (3) years after completion of the applicable project. The Town shall have access to: such books, records and documents as required in this section for the purpose ofi inspection or audit during normal working business hours at CAS's place of business.  ARTICLE 18- -NON-DISCRIMINATION  CAS warrants and represents that all ofits employees are treated: in a fair and equitable manner without  regard to race, color, religion, gender, age or national origin.    ARTICLE 19-E ENFORCEMENT COSTS  Ifany legal action or other proceeding is brought for the enforcement ofthis Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions oft this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even ifi not taxable as court costs (including, without limitation, all such fees, costs and expenses incidental to appeals), incurred in that action or proceeding, in addition to any other relief  to which such party or parties may be entitled. ARTICLE 20- - GOVERNING LAW. AND VENUE  This Agreement shall be governed by the laws ofthe State ofFlorida. Any and alll legal action necessary to enforce the. Agreement will be held in Palm Beach County and the Agreement willl be interpreted according  to the laws ofFlorida.  ARTICLE21- SUCCESSORS AND ASSIGNS  The Town and CAS each binds itself and its partners, successors, assigns and legal representatives to the other party in this Agreement and to the partners, successors, executors, administrators, assigns and legal representatives. CAS shall not assign this Agreement without the express written approval ofthe Town.  ARTICLE22-S SCRUTINIZED COMPANIES  For Contracts under $IM, CAS certifies that iti is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Floridai Statutes, and that iti is not engaged in al boycott ofIsrael. The TOWN may terminate this Agreement at the Town's option if CAS is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, ifCAS has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if CONTRACTOR is engaged in a boycott ofI Israel. For Contracts over $IM, the Contractor certifies that iti is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes. CAS further certifies that it is not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Town may terminate this Agreement at the Town's option ifCAS is found to have submitted: a false certification as provided under Section 287.135(5), Florida, Statutes or ifCAS has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Town may terminate this Agreement at the Town's option ifCAS is engaged in a boycott ofl Israel or has been engaged in  business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes.    ARTICLE 23-1 PUBLIC RECORDS  In accordance with Section 119.0701, Florida Statutes, CAS must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described herein. Upon request from the Town's custodian of public records, CAS must provide the Town with copies ofi requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Town, or fails to make them available fori inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, CAS shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described herein are not disclosed except as authorized by lawi for the duration oft the Agreement term, and following completion oft the Agreement ifCAS does not transfer the records tot the Town. Finally, upon completion oft the Agreement, CAS shall transfer, at no cost to the Town, all public records in possession of CAS, or keep and maintain public records required by the Town. If CAS transfers all public records to the Town upon completion of the Agreement, CAS shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. IfCAS keeps and maintains public records upon completion of the Agreement, CAS shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Town, upon request from the Town's custodian of public records, in a IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENI, PLEASE CONTACT THE TOWN CLERK, RECORDS CUSTODIAN FOR THE TOWN, AT (561) 848-1235, OR AT alburydtompl.om, OR AT 1755 EAST TIFFANY DRIVE, MANGONIA  format that is compatible with the' Town's information technology systems.  PARK, FLORIDA 33407. ARTICLE 24 -VERIFY ELIGIBILITY  CAS warrants and represents that it is in compliance with Section 448.095, Florida Statutes. No later than January 1,2021, CAS: shall: (1) register with and use thel E-Verify System (E-Verify.gov)t to electronically verify the employment eligibility of all newly hired workers; and (2) verify that all ofthe CASssubconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. CAS shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. CAS shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement    which requires a longer retention period. The Town shall terminate this Agreement ifit has a good faith belief that CAS has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. IfTown has a good faith belief that CAS 's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, Town shall notify CAS to terminate its contract with the subconsultant and CAS shall immediately terminate its contract with the subconsultant. Int the event ofsuch contract termination, CAS: shall also be liable  for any additional costs incurred by the Town as a result of the termination.  ARTICLE25-S SEVERABILITY  The invalidity, illegality or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability ofa any other portion or provision ofthe Agreement. Any void provision shall be deemed severed from the Agreement and the balance oft the Agreement shall be construed and enforced as ifthe Agreement did  not contain thej particular portion or provision held to be void. ARTICLE 26- - ENTIRETY OF AGREEMENT  The Town and CAS 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 oft 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.  IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above  written. ATTEST:  Town of Mangonia Park William Albury, III, Town Mayor  Sherry Albury, Town Clerk Approved as to form and legal sufficiency Keith W. Davis, Esq., Town Attorney  (SEAL)  WITNESSES:  Craig A. Smith & Associates, LLC Aneesh Goly, Manager (Corporate Seal)        2  TOWN OF MANGONIA PARK ASESSMENT SERVICES  PROFESSIONAL SERVICES AGREEMENT- COMPREHIENSIVE VULNERABILITY  This Professional Services Agreement - Comprehensive Vulnerability Assessment  Services ("Agreement") is entered into this  day ofFebruary, 2024, effectiveimmediately,  by and between  whose offices are located at  hereinafter referred to as the CONTRACTOR and the Town of Mangonia Park, a municipal corporation, with offices located at 1755 East Tiffany Drive, Mangonia Park, Florida 33407,  hereinafter referred to as the "TOWN".  WITNESSETH  The TOWN and the CONTRACTOR in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and value of which is hereby  acknowledged by both parties hereby agree as follows:  1.  SCOPE OF SERVICES: The TOWN and the CONTRACTOR both hereby  agree to enter into this Agreement whereby the CONTRACTOR will provide Comprehensive Vulnerability Assessment Services, as set forth in Request for Qualifications ("RFQ")#2023- 02, attached hereto and incorporated by reference as Exhibit "A", and CONTRACTORS proposal, attached hereto and incorporated by reference as Exhibit "B", and in accordance with all applicable federal, state and local laws, rules and regulations. The Town's Standard Grant Agreement with the State of Florida Department of Environmental Protection No. 23PLN98  is incorporated by reference and included as part of Exhibit "A".  2.  STANDARD OF CARE: The standard of care for all services performed or  furnished by the CONTRACTOR under this Agreement will be the care and skill ordinarily used by others with such qualifications as held by the CONTRACTOR, under similar  circumstances or at the same time and in the same locality.  3.  COMMENCEMENT DATE AND TERM: The work contemplated by this  Agreement will commence immediately from the date of the execution of this Agreement and be shall commence as soon as possible, but no later than sixty (60) days from the execution of this Agreement by both parties, and shall progress at ai rate to ensure full completion by June 30, 2025, in accordance with Town's Standard Grant Agreement included in Exhibit"A".  Page 1 of8    4.  INDEPENDENT CONTRACTOR: The CONTRACTOR will perform required  services on an independent contractor basis and shall be solely responsible for its employees' payroll taxes to include, but not be limited to Federal Income Withholding Tax, workers' compensation, FICA, and Federal and State Unemployment taxes. The CONTRACTOR is responsible for proper certification and licensure of all officers and employees and for the provision of benefits, insurance, etc. for its officers and employees. The CONTRACTOR shall provide verification to the TOWN of all required federal, state, county and local licenses for itself and any subcontractors to be used by the CONTRACTOR, prior to the commencement of any work or the provision of any goods/services hereunder. The failure of the CONTRACTOR to comply with the requirements of this paragraph, or the CONTRACTORS use of employees or subcontractors, including subcontractor employees, who are not eligible to be employed in the United States, or the CONTRACTOR'S failure to comply in all respects with the Immigration Reform and Control Act of 1986 shall void this Agreement, and the TOWN shall not be liable to the CONTRACTOR for any amounts that may be due hereunder, ori in any manner whatsoever: as  it relates to the terms ofthis Agreement.  5.  AGREED REPRESENTATIVE:  will  serve as lead representative for the services contemplated by this Agreement during the term of this Agreement. Any proposed change of the identity of the representative is subject to the prior  written approval of the TOWN.  6.  USE OF CONSULTANTS: The CONTRACTOR shall have discretionary  approval over utilization of employees and agents who may be called upon to assist inj performing tasks for the TOWN. Each employee or agent of the CONTRACTOR who performs tasks for the TOWNisr required toi inform the TOWN ofany conflicts ofinterest which may exist or could exist in the future as a result of work done elsewhere or for others which could hinder proper  performance in accordance with the terms oft this Agreement.  7.  COMPENSATION: The TOWN agrees to pay the CONTRACTOR for all work  performed pursuant to this Agreement at an amount not to exceed One Hundred Ninety-One Thousand, Four Hundred and Fifteen Dollars ($191,415.00) as provided in the Standard Grant Agreement No. 23PLN98 included in Exhibit "A". Any expenses incurred in excess of this  amount, must be approved in advance by the TOWN Council.  Page 2 of8    8.  SCIEDUIEOEFAYMENT: The CONTRACTOR shall invoice the TOWN on  a monthly basis for tasks completed to date. The TOWN shall pay the CONTRACTOR based  upon said invoices within thirty (30) days of their receipt.  9.  INDEMNITICATION: The CONTRACTOR shall at all times indemnify and  hold harmless the TOWN, its agents, servants, and employees, from and against any claim, demand or cause ofaction of whatsoever kind or nature, arising out of error, omission, negligent act, conduct or misconduct of the CONTRACIOR, his/her agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the TOWN to be sued, nor as a waiver of sovereign  immunity beyond the waiver provided in Section 768.28, Florida Statutes. CONTRACTOR hereby represents and warrants to the TOWN that:  10. REPRESENTATIONS. WARRANTIES AND COVENANTS: The (a) Iti is qualified toj perform the services contemplated by this Agreement; (b) Iti is aware of the conflict ofinterest laws oft the TOWN and oft the State ofFlorida, and covenants that the CONTRACTOR, and its employees and agents, will fully comply in all  material aspects with the terms of said laws;  (c) It has full power and authority to enter into this Agreement and fully perform its obligations hereunder without the need for any further corporate consents or approvals, and that the person executing this Agreement is authorized to execute and deliver it; and enforceable against the CONTRACTOR in accordance with its terms.  (d) This Agreement, upon execution, will constitute a valid and binding Agreement, 11. NOTICE: Notice asi required int the Agreement documents shall be sufficient when  sent by certified mail or hand delivered to thej parties at the following addresses:  TOWN Town ofl Mangonia Park 1755 East Tiffany Drive Mangonia Park, Florida 33407 Attn: Town Manager  CONTRACTOR  Name: Address: Attn:  12. NON-ASSIGNMENT: The CONTRACTOR shall not transfer or assign the pertormance of services called for in the Agreement without prior written consent oft the TOWN, which consent may be withheld by the TOWN for any or no reason, at the TOWN'S sole  discretion.  Page 3 of8    13. INSPECTION OF RECORDS: All of the CONTRACTORS books and records, as they relate to the compensation paid under this. Agreement, must be made available forinspection and/or audits by the TOWN, and any other organization conducting reviews for the TOWN, upon reasonable notice, throughout the term of the Agreement, or any renewal thereof. In addition, the CONTRACTOR must retain all records concerning the compensation paid hereunder in proper order for a minimum of three (3) years following the expiration of the Agreement. The TOWN shall have access to such books, records, and documents as required in this section for the purpose ofinspection or audit during the three (3) year period. This section shall survive the term of this Agreement, or any renewal thereof.  14. COVERNINGLAW: This Agreement shall be construed and interpreted, and the rights of the parties determined in accordance with Florida law. The parties submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. The CONTRACTOR agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens.  15. LITIGATION: In the event suit is filed to construe or enforce this Agreement, thej prevailing party in: such suit shall be entitled to an award ofall costs and expenses incurred in connection therewith, including, but not limited to, reasonable attorneys' fees and costs  through trial and appeal.  16. WAIVER: Any party's failure to enforce strict performance of any covenant, term, condition, promise, agreement or undertaking set forth in this Agreement shall not be construed as a waiver or relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or undertaking at any time in the future.  17. TERMINATION: Either party may terminate this Agreement upon thirty (30) days written notice, for any reason or for no reason (convenience). Upon termination, the CONTRACTOR shall immediately deliver all documents, written information and other materials pertaining to its services provided hereunder to the TOWN, and shall cooperate in the transition ofits duties to: appropriate parties at the directionofthe' TOWN. The CONTRACTOR shall further assure that its work responsibilities are: not compromised and shall maintain the highest standards  ofethics during such transition period.  Page 4 of8    18. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this  Agreement.  19. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as ifthe invalid  or unenforceable provision is not contained herein.  20. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews or investigations. All parties doing business with the TOWN shall fully cooperate with the Inspector General in the exercise of the Inspector General'si functions, authority and power. The Inspector General has the power to take: sworn statements, require thej production ofr records andi tos audit, monitor, investigate and inspect theactivities ofthe TOWN, as well as the CONTRACTOR and lobbyists ofthe TOWN in order to detect, deter, prevent and eradicate fraud, waste, mismanagement, misconduct and  abuses.  21. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statules, the CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance ofthe work described herein. Upon request from the TOWN'S custodian of public records, the CONTRACTOR must provide the TOWN with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the TOWN, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, the CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described herein are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the TOWN. Finally, upon completion of the Agreement, the CONTRACTOR shall transfer, at no cost to the TOWN, all public records in possession of the CONTRACIOR, or keep and maintain public records required by the TOWN. If the  Page5of8    CONTRACTOR transfers all public records to the TOWN upon completion ofthe Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Ifthe CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the TOWN, upon request from the TOWN'S custodian of public records, in a format that is IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE TOWN CLERK, RECORDS CUSTODIAN FOR THE TOWN, AT (561) 848-1235, OR AT salbury@tompl.com, OR AT 1755 EAST TIFFANY DRIVE, MANGONIA  compatible with the TOWN'S information technology systems.  PARK, FLORIDA33407.  22. PUBLIC ENTITIES CRIMES: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and consultants 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 hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 23. SCRUTINIZED COMPANIES: For Contracts under $1M, the CONTRACTOR certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of] Israel. The TOWN may terminate this Agreement at the TOWN'S option if the CONTRACTOR is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the CONTRACTOR has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if CONTRACTOR is engaged in a boycott of Israel. For Contracts over $1M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes. The CONTRACTOR further certifies that it is not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The TOWN may terminate this Agreement at the TOWN'S optioni ifthe CONTRACTOR is found tol have submitted a false certification as provided  Page 6of8    under Section 287.135(5), Florida Statutes or ift the CONTRACTOR has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the TOWN may terminate this Agreement at the TOWN'S option ift the CONTRACTOR is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in  Section 287.135, Florida Statutes.  24. E-VERIFY ELIGIBILITY: CONTRACTOR warrants and represents that it isi in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, CONTRACTOR shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers; and (2) verify that all ofthe CONTRACTORS subconsultants performing the duties and obligations oft this Agreement are registered with and use thel E-Verify System to electronically verify the employment eligibility of all newly hired workers. CONTRACTOR shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(1)(), Florida Statutes, as may be amended. CONTRACTOR shall maintain a copy of any such affidavit from a subconsultant for, ataminimum, the duration oft the: subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The TOWN shall terminate this Agreement ifit has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. IfTOWN has a good faith belief that CONTRACTORS subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, TOWN shall notify CONTRACTOR to terminate its contract with the subconsultant and CONTRACTOR shall immediately terminate its contract with the subconsultant. In the event of such contract termination, CONTRACTOR shall be liable for any  additional costs incurred by the TOWN as a result of the termination.  25. ENTIRE AGREEMENT: This seven (7) page Agreement constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this  Agreement.  IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and  year first above written,  Page 7of8    WITNESS:  CONSULTANT  Name: Title:  WITNESS:  ATTEST:  TOWN OF MANGONIA PARK  Sherry Albury, Town Clerk  WILLIAM H. ALBURY, II, Mayor  (Town Seal)  Page 8 of8    EXHIBIT"A"  REQUEST FOR QUALIFICATIONS ("RFQ#2023-02  &  STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AGREEMENT # 23PLN98 TOWN OF MANGONIA PARK COMPREHENSIVE  VULNERABILITY ASSESSMENT    EXHIBIT"B" CONTRACTOR'S PROPOSAL    1D.1  ELECTRIC MOTORS OF PALM BEACH  QUOTATION Quote Number: N01576 Quote Date: Jan 16,2024 Page:  729BELVEDERE ROAD WEST PALMI BEAÇH, FL 33405 USA Voice: 1-561-832-0233 Fax: 1-561-655-8814  1  QuotedToi MANGONIA PARK TOWN OF 1755 EAST TIFFANY DRIVE MANGONIAPARK, FL 33407 USA  Customer JD MANGONIA PARKTOWN Quantily  Good Thru 2/15/24 Description:  PaymentTerms Net30 Days Unit Price 6,200.07 5.79 125,00  Sales Rep  Amount  1.00 GOULDS 7.5HP 3PH: 230V4 4IN: 20 FOOT  6,200.07 231.60 250.00  CORD 40.00 8/4 SEOOWÇORD 2.00 SHOPLABOR  1.00 PLUS SHIPPING.. 3 WEEKS TO SHIP  Subtotal Sales Tax TOTAL  6,681.67 6,681.67        1D.2  PSIT Technologies Inc 3520 Investment Lane Unit #3 Riviera Beach, Florida 33404  psi TECHNOLOGIES  Phone: 561-660-0022 Email: om@ps-techinc.com  Ebara 7.5 HP Pump Quotation  Company: Town of Mangonia Park Utilities Date:  02-01-2024 TK0202-2024 30 Days Included  Contact: Fred Sweeting  Quote#: Quote Valid: 30 Days Terms: Shipping:  Street: CSZ: Phone: Email:  1755 East Tiffany Drive Mangonia Park, FL3 33407 561-291-2881 5weetingetompr.com  Prepared By: Thomas Kalinski  Quantity Description  Unit. Price Total Price  EBARA pump model # 80DMLEU65.52  Ebara pump model # 80DMLEU65.52- - 3": Submersible pump, 7.5HP,  1  1800 rpm 230V/3phase voltage motor wired for 230V w/30' Power $6,750.00 $6,750.00  & Control Cable.  Delivery Included  Lead' Time /4-5 weeks  Delivery Included Total Cost  $6,750.00  Accepted By / Date:  'Quality Products, Professionally. Applied, Exceptional. Service and Support'        EBARA Submersible Wastewater Pumps  DMLEU  Model Designation  80 DMLE U 6 1.5  4  DISCHARGE SIZE = mm 80mm - 3" 100mm - 4" 150mm - 6" MODEL TYPE  DMLE-submersible sewage pump GEOGRAPHIC DESIGNATION U-U.S.A. market HERTZ 6-60 RATED KW 2.2-3HP 3.7-5HP 5.5-7HP 7.5-10HP PHASE none: - three phase VOLTAGE 2-208/230 4-460  11-15HP 15-20HP 22-30HP  EBARA Fluid Handling wwwpumpsebara.com, EBARA (803) 327-5005 . (803)3 327-5097 (fax)  2-137 rev.01/13        EBARA Submersible Wastewater Pumps  DMLEU Date:  Performance Curves Project:  GPM:  TDH:  EFF:  HP:  Chk'd:  80, 100, 150DMLE65.5 (7.5HP) Synchronous Speed: 1800 RPM 3,4, 6 inch Discharge  100 80 90 70 80 60 70 & 60 E 50 E 50 40 a 40 30 30 20 20 10 10 0  Curvel No: F8-0132450-1-2 Solid Dia3* LL1000  183r mml Impeller  80DMLE E65.5  EFFICIENCY 100PMLE65.5 BHP!  150DMLE55.5  7.5 5.0 2,5 0.0  0 100 200 300 400 500 600 700 800 900  Capacity USGPM  80, 100, 150DMLE67.5 (10HP) Synchronous Speed: 1800 RPM 3,4, 6 inch Discharge  100 80 70 70 60 & 60 E 50 50 40 40 30 30 20 20 10 10 0  90  Curve No: F8-0132453-4-5 Solid Dia3 3" LL100  90 80 213mm Impéller  8DDML E67.5  EFFICIENQY  1900MLE675  10  15QDM,E675  BHP  2  0 100 200 300 400 500 600 700 800 900 1000  CapacityUSGPM  EBARA Fluid Handling www.pumpsebata.com EBARA (803) 327-5005 . (803) 327-5097 (fax)  2-143 rev.01/13        EBARA Submersible Wastewater Pumps  DMLEU Date:  Dimensions Project: Model DMLEU 80DMLEU, 3 to 30HP 100DMLEU, 51 to 30 HP 150DMLEU, 7.5 to 30HP  Model:  Chk'd:  (n)QTY- (h) HOLES  C.O.L. A V  Flange (ANSI 125 PSI F.F) 3 6 7a %) 4 %/ 72 9 15s 8 YA 9' 11 0 e 80 150 185 19 4 19 100 175 210 20 8 19 150 240 280 22 8 19  inch %4 mm n h  L.W.L.  Dimensions: inch PHASE SIZE MODEL 0  OUTPUT  PUMP&N MOTOR  WEIGHT 192  KW HP A B C D E F H J L1 Lb  80DMLE EU62.2 2.2 3 21 12%6 14l6 6%6 11 11 26/s 8%4 11 176 B0DMLE EU65.5 5.5 7.5 25/6 15 17"6 7% 14%6 13'e 32's 10%s 12%s 260 3 BODMLEU675 7.5 10 2546 15 171h6 78 146 K8 3246 10%e 1246 271 80DMLE EU611 11 15 281 17'5/s 20s 8"/s 16%6 134 36'5/s 12% 12'5/s 346 80DMLE EU615 15 20 281 1715/0 20%e 8"/e 169he 13%4 36'/6 12% 121/s 359 80DMLEU622 22 30 309e 19%i6 21 9% 176he 145he 40s 13s 13is 492 100DMLEU63.7 3.7 5 22"le 12*/s 16%6 6%s 12%e 126/e 285e 8%4 11 196 100DMLEU65.5 5.5 7.5 25"/e 15 185i6 7e 14%s 13% 32'h 10e 12%e 267 4 100DMLEU67.5 7.5 10 25"hs 15 185he 7ls 14s 134 32'he 10%0 12%s 276 100DMLEU611 11 15 29 17'5/6 20"/s 8"/s 16%is 13/ 36'k6 12) 1215/6 353 100DMLEU615 15 20 29/ 17"/6 20"/6 8"ke 16%is 13%k 3615/e 12% 12'5/e 366 100DMLEU622 22 30 31e 19%s 21s 96/ 176e 14%6 40%s 13%s 13s 498 150DMLEU65.5 5.5 7.5 28e 15 20"s 7/ 15%s 14'2 32"s 10s 12%he 280 6 150DMLEU67.5 7.5 10 28V6 15 20"/0 7%/ 15%s 14'2 32%s 10%e 12%e 291 150DMLEU611 11 15 31/ 171k6 23'h6 8"ke 17'2 15%/s 3615/s 12% 1215/6 366 150DMLEU615 15 20 31% 17'5/s 23'is 8"/s 17' 15s 36's/s 12% 12'/6 379 150DMLEU622 22 30 33he 19%6 23'/i6 95/a 1866 15"/e 40%e 13%/s 13he 511 80DMLEU62.2 2.2 3 534 320 378 157 285 298 668 210 279 80 80DMLE EU63.7 3.7 5 534 320 378 157 285 298 727 210 279 87 80DMLE EU65.5 5.5 7.5 640 381 453 188 360 334 824 255 310 118 80DMLEU611 11 15 734 455 513 221 420 350 938 315 329 157 80DMLEU615 15 20 734 455 513 221 420 350 938 315 329 163 80DMLEU622 22 30 777 497 533 245 440 363 1021 335 332 223 100DMLEU63.7 3.7 5 577 320 420 157 315 313 727 210 279 89 100DMLEU65.5 5.5 7.5 653 381 465 188 360 334 824 255 310 121 100 100DMLEU67.5 7.5 10 653 381 465 188 360 334 824 255 310 125 100DMLEU611 11 15 746 455 525 221 420 350 938 315 329 160 100DMLEU615 15 20 746 455 525 221 420 350 938 315 329 166 100DMLEU622 22 30 790 497 545 245 440 363 1021 335 332 226 150DMLE EU65.5 5.5 7.5 713 381 525 188 385 369 824 255 310 127 150 150DMLE EU67.5 7.5 10 713 381 525 188 385 369 824 255 310 132 150DMLEU611 11 115 806 455 585 221 445 385 938 315 329 166 150DMLEU615 15 20 806 455 585 221 445 385 938 315 329 172 150DMLEU622 22 30 850 497 605 245 465 398 1021 335 332 232  RADML EUARZ 37  21 1251. 1471 63a 1114 1131 2851 RV 11  THREE  Dimensions: mm PHASE SIZE MODEL 0  OUTPUT  PUMP & MOTOR  WEIGHT  kW HP A B C D E F H J L1 kg  THREE 80 80DMLEU67.5 7.5 10 640 381 453 188 360 334 824 255 310 123  EBARA Fluid Handling www.pumpsebara.com EBARA (803) 327-5005 . (803): 327-5097 (fax)  2-146 rev.01/13        EBARA Submersible Wastewater Pumps  DMLEU Date:  Dimensions Project: 80DMLEU 100DMLEU  Model:  Chk'd:  Model DMLEU with Quick Discharge Connector  Minimumn manhole dimensionsin indoor frameir installation  OM  3485),  Guldep pipes support 94(246) 8o:2-hx1's (16:30) SK(15), Atphn B Ga (16o)  Guide pipe 14"  C.O.L. V  8(210), le  4-4(19Holes  n)QTY-(h)H HOLES  LW,L.  Flange (ANSI 125 PSIF.F) 3 6 7'a %4 4 % 7' 9 15/e 8 34 80 150 185 19 4 19 100 175 210 20 8 19 F L1 L6 DM PUMP Q.D.C.  inch n h mm n h WEIGHT Lb  0 e 0 e  Bol14-*(16) 71(180) Dimensions: inch PHASE SIZE MODEL o  (220) (100) Q.D.C.  OUTPUT KW HP MODEL A  PUMP& MOTOR  D  80DMLEU65.5 5.5 7.5 LL100 24% 14%) 15 12%he 14 31' 260 101 BODMLEU675 7.5 10 LLIO0 2444 146 15 12%h6 1A 31a 271 101 3 80DMLEU611 11 15 LL100 28% 14le 17"5hs 12"5hs %h6 39% 346 101 80DMLEU615 15 20 LL100 28% 14%e 17"he 12"/ %he 39% 359 101 80DMLEU622 22 30 LL100 30'a 14%e 199he 13's ' 39% 492 101 100DMLE EU65.5 5.5 7.5 LL100 2494 14% 15 12%s 1% 31' 267 101 100DMLEU675 7.5 10 LL100 244 144 15 12%s 1' 31'a 276 101 4 100DMLEU611 11 15 LL100 28% 149 17'5/6 12"he 9/s 39% 353 101 100DMLEU615 15 20 LL100 28% 14%e 17'5/s 12")o %s 39% 366 101 100DMLEU622 22 30 LL100 30%s 14% 19%hs 13%e ' 39% 498 101 80DMLEU65.5 5.5 7.5 LL100 628 365 381 310 31 800 118 46 80DMLEU67.5 7.5 10 LL100 628 365 381 310 31 800 123 46 80 80DMLEU611 11 15 LL100 721 365 455 329 15 1000 157 46 80DMLEU615 15 20 LL100 721 365 455 329 15 1000 163 46 80DMLEU622 22 30 LL100 765 365 497 332 12 1000 223 46 100DMLE EU65.5 5.5 7.5 LL100 628 365 381 310 31 800 121 100DMLE EU67.5 7.5 10 LL100 628 365 381 310 31 800 125 46 100 100DMLEU611 11 15 LL100 721 365 455 329 15 1000 160 100DMLEU615 15 20 LL100 721 365 455 329 15 1000 166 46 100DMLEU622 22 30 LL100 765 365 497 332 12 1000 226 46  THREE  Dimensions: mm PHASE SIZE MODEL o  OUTPUT  Q.D.C.  PUMP&N MOTOR  WEIGHT kg  kW HP MODEL A D  F L1 L6 DM PUMP Q.D.C.  46 46 2-148 rev.01/13  THREE  EBARA Fluid Handling www.pumpsepara.com: EBARA (803) 327-5005 . (803) 327-5097 (fax)        PSI TECHNOLOGIES INC-STANDARD TERMS OF SALE-PARTS & SERVICE Applicable' Terms. These terms govern the purchase and sale of the equipment and related services, ifany (collectively, "Equipment"), referred toi in Seller's purchase order, quotation, proposal or acknowledgment, as the case may be ("Seller's Documentation"). Whether theset terms are included: in an offer ora an acceptance by Seller, such offer or acceptance is conditioned onl Buyer's assent to these terms. Seller rejects all 2. Payment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller' s Documentation provides otherwise, freight, storage, insurance: and all taxes, duties or other governmental charges relating tot thel Equipment shall be paid by Buyer. If Selleri isi required top pay: any such charges, Buyer shall immediately reimburse Seller. All payments are due within 30 days after receipt of invoice, unless other terms are agreed upon by both parties. Buyers shall be charged thel lower ofi '% interest per month ort the maximum legal rate on all: amounts not received by the due date and shall pay all of Seller's reasonable costs (including attorneys" fees) of collecting 3. Delivery. Delivery oft the Equipment shall bei in material compliance with the schedule in Seller's Documentation. Unless Seller's 4. Ownership ofl Materials. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents ori information prepared or disclosed by Seller, and all relatedi intellectual property rights, shall remain Seller's property. Seller grants Buyera ar non-exclusive, non-transferable license tou use any such material solely for Buyer' S use ofthel Equipment. Buyer shall 5, Changes. Seller shall noti implement any changes int the scope of work described in Seller's Documentation unless Buyer and Seller agreei in writingt tot the details ofthc change and any resulting price, schedule ord other contractual modifications. Thisi includes any changes nccessitated Warranty. Subject tot the following: sentence, "Supplier warrants tol Purchaser that the Equipment shall materially conform tot the description in Supplier's RFP and: shall bef free from defectsi inr material and workmanship. Supplier shall have no other liability tol Purchaser under warranty, tort or any other legal theory. If Purchaser gives Supplier prompt written notice ofbreach oft this warranty within ninety days (90) on electrical supplies, one (I), year on mechanical supplics from delivery, (the' "Warranty Period"). Supplier shall, ali its sole option and asl Purchaser's sole remedy, repair or replacet the subject parts or refund the purchase price thereof Ifs Supplier determines that any claimed breachi isi not, in fact, covered by this warranty, Purchaser shally pay Supplier its then customary charges for any repair or replacement madel by Supplier andt there shall be a thirty-five percent (35%). re-stocking charge. Supplicr's warranty is conditioned on Purchaser's (a) opcrating and maintaining the Equipment ina accordance with Supplier's instructions, (b) not makinga any unauthorized: repairs or alterations, and (c) not beingi in default of any payment obligation to Supplier. Supplier's warranty does not cover damage caused by chemical: action or abrasive material, misuse ori improper installation. THEWARRANTIES SETI FORTHI IN" THIS SECTION. ARE: SUPPLIER'S SOLE ANDI EXCLUSIVE WARRANTIES, AND ARE: SUBJECTTOTHEI LIMITATION OFI LIABILITY BELOW.: SUPPLIER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS ORI IMPLIED, INCLUDING WITHOUTI LIMITATION, ANY WARRANTY OF MERCHANTABILTY OR FITNESS! FOR 7. Indemnity. Sellers shall indemnify, defend and hold Buyer harmless from: any claim, cause ofa action orl liability incurred by Buyer as a result of third party claims for personal injury, death or damage tot tangible property, tot the extent caused by Seller's negligence, Seller shall have the sole authority to directt the defense ofa ands settle any indemnificd claim. Seller' 'si indemnification is conditioned on) Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim. Forcei Majeure. Neither Seller nor! Buyer shall have: anyl liability for any breach (excepl for breach of payment obligations) caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure ofr normal sources ofs supply, act ofg government or any other cause beyond such party's reasonable control. 9. Cancellation, If Buyer cancels or suspends its order for any reason other than Seller's breach, Buyer shall promptly pay Seller for work performed priort to cancellation or: suspension and any other direct costs incurred by Seller asar result ofsuch cancellation or suspension. Certain Products and! Materials are* "Madet to Order" therefore cancellation will not bea allowed, andl Buyer takes full responsibility oft total 10. LIMITATION OFLIABILITY. NOTWITHSTANDING, ANYTHING ELSETOTHE CONTRARY, SELLER SHALLNOTBE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECTDAMAGES, ANDSELLERS TOTALI LIABILITY ARISING. AT ANY TIMEI FROM THE: SALE OR USE OF'T THEI EQUIPMENT SHALLI NOTI EXCEEDTHE PURCHASE PRICEPAIDI FOR1 THEE EQUIPMENT. THESEI LIMITATIONS. APPLY' WHETHER' THELIABILITYI ISI ASEDONCONTRACIIONT: 11. Miscellaneous. Ift these terms are issued in connection with a government contract, theys shall be deemed toi include those federal acquisition regulations that arer required by law tol bei included. Theset terms, together with any quotation, purchase order or acknowledgement issued or signed byt the Seller, comprise the complete and exclusive: statement ofthea agreement between thej parties (the" "Agreement")and; supersede any terms contained inl Buyer's documents, unless separately signed by Seller. No part oft the Agreement may be changed or cancelled except bya written document. signed! by Seller and Buyer. No course ofc dealing or performance, usage oft trade or failure to enforce any term shallb be used tor modify the Agreement, Ifa any oft theset terms is unenforceable, such term shall be limited only to the extent necessary toi make it enforceable, and: all other terms shall remaini in full force and effect.) Buyer may not assign or permit any other transfer oft the Agreement without Seller's prior written consent. The Agreement shall be governed byt the laws of the: State of Florida without regard toi its conflict oflaw provisions.  additional ord different terms in any of Buyer's forms ord documents.  amounts due but unpaid.. All orders are subject to credit approval.  Documentation provides otherwise, Delivery terms are F.O.B. Prepaid and. Add Destination. not disclose any such material tot third parties without Seller's prior written consent.  by ac changei in: applicable law occurring after the effective date of any contract including these terms.  PURPOSE."  costs of suchi itemsi ifcancelled  STRICTI LIABILITY OR ANY OTHER THEORY.  PSI Technologies Inc 35201 Investment Lane Unit #3 Riviera Beach Florida 33404 (305).998-1371        7EI  Estimate 2401-1814-5760 2024-01-18  AFFOLD PAVING  Saffold Paving Inc. 2915 E lamarind Ave West Palm Beach FL 33407 annette@saffoldpaving.com (561)469-6513  Town of Mangonia Park Mr. Ken Metcalf  1755 E. Tiffany Drive Mangonia Park Florida 33404 kmetcalr@tomprl.com (910)723-7573 Town of Mangonia Park  1755 E. Tiffany Drive, Mangonia Park, Florida, 33404  Asphalt Maintenance Description Asphalt Sealcoat(2 coats) and Striping. Sealcoat and Striping Set up proper MOT (cones, barricades, etc) Clean and remove any dirt and debris from Apply by spray 1st coat of GemSeal Polytar Premim Hot Blended modified coal tarsealer that meets Federal & Manufacturers Apply by spray, a 2nd coat of sealer in the same quantity and proportions as the 1st Stripe parking spaces and paint car stops traffic yellow, per the existing layout Clean and remove any and all construction-  Unit Price $11,316.00  Quantity 1.00  Total $11,316.00  asphalt surface specincations. coat  related debris  1.00  Total $11,316.00  Compensation. Client shall pay as set forth below. Price is subject to change, with customer's  approval. PAYMENT TERMS:  1/4        Upon acceptance of this Proposal, a fifty percent (50%) deposit of total price will be due 40% Due after completion of the project. 10% Due after owner's final approval. Prices are based on the cost of materials as of the date of this proposal, subject to change after 30 days. Actual material A signed proposal and deposit are required prior to scheduling services. GENERAL TERMS AND  cost will be determined by the cost in effect at the time of shipment.  CONDITIONS:  1. It is understood and agreed that all work is performed "weather permitting".  2. This proposal is based on work being completed during the hours of 7:00 AM and 5:00 PM, 3. Any vehicles left in the construction area at the commencement of the work will be relocated on-site and billed to the Owner/Authorized Agent. Towing fees, if necessary, are billed as 4. Permit fees billed as actual. Expediting fees billed in addition to the cost of permit: Broward will be $250. This proposal does not include the cost of permit fees, inspection fees, or impact fees which may be required from the various agencies or municipalities having jurisdiction. . If the Owner/Authorized Agent directs this work to be completed without required permitting, all costs including, but not limited to, fees, expediting, and fines are the 5. Change orders, additions, or extras requested by Owner, Contractor, or Municipality will be invoiced as an addition to the contract and shall not delay payment of the original contract 6. Ninety percent (90%) of the contract amount and change orders must be paid prior to completing punch list items and/or any changes for additional work required by cities or 7. Cannot guarantee seal coat longevity where there is standing water. Existing water ponding may still persist, as a result of existing sub-base slopes. Tire turning 8. Additional mobillzation(s) are to be billed at $1,500 each. This charge may be billed due to, but not limited to: Site unavailability for commencement of the Work due to vehicles encroaching on the work area, change of schedule by Owner/Authorized Agent without prior 9. Conflicts with irrigation, electrical, and utilities are to be repaired by owners at their expense 10. Saffold Paving, Inc, will not be responsible for trafficking, paint cracking or damage to cars or 11. The prices used in this proposal are based on the condition that all work quoted will be 12. This proposal, including all terms and conditions, shall become a legally binding attachment to any contract entered into between Saffold Paving, Inc. and the financially responsible  Monday through Friday, excluding holidays and weekends.  actual.  responsibility of the Owner/Authorized Agent.  sum.  municipalities.  marks will be visible at first, but will disappear  consent of Contractor or repairs to work caused by trespassing.  persons trespassing in designated construction areas.  accepted in total.  company for which the work will be performed.  2/4        13. In the event of a dispute regarding this contract, the financially responsible party for which the work is performed agrees to pay reasonable attorney fees, collection costs, and all 14. Saffold Paving, Inc. will add a 1.5% finance charge to any unpaid invoice past due (30) thirty  related costs incurred until such dispute is settled.  days.  15. Payments made by credit card will incur a 3.5% charge of the total price. 16, No warranties are honored unless payment is made in full. 17. Warranty is for a period of one (1) year from the date of project completion.  3/4        Signature  Date  We thank you for the opportunity to submit this Proposal and trust we will be able to successfully  perform services described.  Please sign above if in agreement with terms. Saffold Paving.  ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are hereby accepted. After execution of this Proposal, this document becomes a contract and authorization is provided for services as specified to be performed. This proposal may be withdrawn by us if not accepted in thirty  (30) days.  4/4        7E2  ESTIMATE  Prepared For 1755 ETiffany Dr West Palm Beach,FL (910)578-7317  Town Of Mangonia Park Attn: Ken Matcalf  SOUTHI FLORIDA, ASPHALT SERVICES 561-662-0558  South Florida Asphalt Services 16059 E Derby Dr Loxahatchee, FLORIDA 33470 Phone: (561)662-0558 Email: outntiaspnategmal.com  Estimate # Date Business/ Tax; #  3222 01/07/2024  Broward County 19-3B21424/ Palm Beach U-22586  Description  Total $12,500.00  Commercial Asphalt Seal Coating & Patching Approximately 23,000 Sq. Ft." To be seal coated as follows: 1.Saw cut out and remove tree root damaged areas. 2. Apply tack coat as bonding agent 3. Patch all necessary with hot asphalt type S-3 and compact 1. Clean all loose particles gravel and dirt from asphalt. 2. Remove all vegetation growth through asphalt 4. Treat oil spots with oil spot primer Seal Coating Product: Star Seal Supreme Mix  Asphalt Patching:  Prep:  3. Edge back grass and vegetation overgrowth from edges ofa asphalt  1. Apply one brush coat according to manufacturer specifications in sectioned areas and allow  proper drying time.  2. Apply second coat ofs sealer same specifications as above  Striping:  1.R Re-stripe existing line lay out allowproper drying time including parking lines, all pavement  markings etc... no changes to existing line layout Note: Replace 1 car stop and paint all car stops  Page 10f3        Subtotal Total  $12,500.00 $12,500.00  Deposits are due on start of job, Final payment is due upon completion no exceptions. We are not responsible for any damages to asphalt or seal coating work caused by any person or vehicles, heavy objects or machinery after the job is completed. Price dose not include permitting, surveying, or testing fees if applicable. We do not warrantee any asphalt seal coating  ora asphalt patches.  Page 2of3        By signing this document, the customer agrees to the services and conditions outlined in this  document.  Town Of Mangonia Park. Attn: Ken Matcalf  Page 3 of3