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Agenda 06-20-23The City of Boynton Beach City Commission Agenda Tuesday, June 20, 2023, 6:30 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Ty Penserga, Mayor (At Large) Thomas Turkin, Vice Mayor (District III) Angela Cruz, Commissioner (District 1) Woodrow L Hay, Commissioner (District 11) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Michael Cirullo, City Attorney Maylee De Jesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. M r'rM'"'f�� Y✓i�+m"'"�f r:�"'��r,.�+"top '��aw"�� del, // www.boynton-beach.org 1 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City 2 Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Maylee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Pastor Chuck Brannon, Gateway Community Church. Pledge of Allegiance to the Flag led by Commissioner Kelley. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other Information Items by members of the City Commission. 3. Announcements, Community and Special Events And Presentations A. Announce Boynton Beach Police Athletic League is hosting a free basketball clinic The Boynton Beach Police Athletic League is hosting a free basketball clinic on Saturday, July 1st, 2023 from 9:30 am - 3:00 pm at Ezell Hester Jr. Community Center located at 1901 N. Seacrest Blvd. Handle Life Training's Johnny Stephene, a Boynton Beach native and a professional basketball trainer, is leading the clinic. Youth ages 6-17 are invited to sign up. Complimentary lunch and snacks will be provided. Space is limited. 3 B. Announce 4th of July Celebration 2023. Announce the City of Boynton Beach's 4th of July Event - Red, White, & Blue with a Waterfront View on Tuesday, July 4 from 6:30 P.M. to 9:30 P.M. at Intracoastal Park, 2240 N. Federal Highway, Boynton Beach, Florida. C. Announce system wide free chlorination of the water distribution system. The City of Boynton Beach Utilities Department will be performing a system wide free chlorination for routine maintenance of the water distribution system from July 6, 2023 to July 27, 2023. For more information you can contact the Water Quality Division at 561.742.6964. D. Announce Budget Workshops. Budget Workshops will take place at the Intracoastal Park Clubhouse located at 2240 N. Federal Highway, Boynton Beach, Florida on Monday, July 10, 2023, starting at 9:00 A.M., and if needed, will continue on Thursday, July 13, 2023 at 5:30 P.M. E. Presentation- City of Boynton Beach Semi -Annual Grant Report Hear semi-annual presentation on grant activities for the City of Boynton Beach by Tessy Lacroix, Grants Manager. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission). 5. Administrative 6. Consent Agenda A. Proposed Resolution No. R23-079- EMS Grant for Elk Lift Cushions. Approve and authorize the City Manager to sign a Grant Agreement for the purchase of eleven (11) elk lift cushions. The cost of the equipment is $15,381.19. B. Proposed Resolution No. R23-080- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for 5 -Star Beauty DBA Beauty Spa. Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for 5 -Star Beauty DBA Beauty Spa. C. Request for increase to annual estimated expenditures on current bid contract, Backflow Prevention Device Inspection, Testing and Repair Services, Bid # 020- 2821-19/EM with Line -Tec, Inc. Approve an increase to the annual estimated expenditures for bid contract "Backflow Prevention Device Inspection, Testing and Repair Services" Bid # 020-2821-19/EM with Line -Tec, Inc. of Delray Beach, FL from $40,000 to $60,000 annually for the duration of the contract. D. Purchases for over $10,000.00 for the month of May 2023. Accept the written report to the Commission for purchases over $10,000 for the 4 month of May 2023. E. Bid Extensions and Piggy -Backs Under $100,000 Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for June 20, 2023 - "Request for Extensions and/or Piggybacks." F. Commission Meeting Minutes. Approve minutes from the May 13, 2023, May 30, 2023, and June 6, 2023 City Commission Meetings and Workshops. 7. Consent Bids and Purchases over $100,000 A. Task Order No. CRSUTL-02-2023 for Watershed Master Plan Approve Task Order No. CRSUTL-02-2023 with Lori Lehr, Inc. in the amount of $329,110.00 in accordance with RFQ No. UTL23-001 for Community Rating System (CRS) and Climate Resilience Planning Professional Support Services awarded by City Commission on May 2, 2023 for tasks associated with the development of the City's Watershed Master Plan - Grant Funded. 8. Public Hearina 6 P.M. or as soon thereafter as the aaenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 23-011- Second Reading- Amendments to the Land Development Regulations for car washes and indoor training facilities. Approval to amend the Land Development Regulations, Chapter 1, Article II. Definitions; Chapter 3, Article IV, Section 3. Use Regulations; and Chapter 4, Article V. Minimum Off -Street Parking Requirements, to modify definitions, use regulations, and parking requirements for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC zoning district (CDRV 23-004). 9. City Manager's Report 10. Unfinished Business 11. New Business A. Future cemetery plots in Boynton Beach. Discussion regarding future cemetery plots in Boynton Beach requested by Commissioner Hay. B. Senate Bill 102 "Live Local Act" Overview & Impact Analysis Presentation Staff will be presenting an overview on the Live Local Act (Senate Bill 102) and it's potential impact on the City of Boynton Beach. 5 12. Legal A. Proposed Ordinance No. 23-013- First Reading- Park Impact Fee Ordinance. Approve an Ordinance of the City of Boynton Beach, Florida amending the Land Development Regulations, Chapter 2, Land Development Process; Article VI "Impact and Selected Fees" to amend Section 2 to adopt a Comprehensive Impact Fee Schedule for Parks and Recreation Facilities; adopting an Impact Fee Study; Establishing criteria and administrative procedures for individual assessment of Impact Fees, Refunds, Credits, and Collection of Fees; Creating Section 9 to create an Impact Fee Schedule; Providing for implementing administrative acts; Providing for Codification, Severability, Conflicts, and an effective date. 13. Future Agenda Items A. Discuss and review Advisory Board Ordinance changes- first reading. - July 18, 2023 Discussion requested by Commissioner Kelley. B. Advisory Board Annual Reappointments and Appointments.- Tabled from April 4, 2023. -TBD City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. C. Discussion for Ordinance regarding tints for paraphernalia shops. -TBD Discussion requested by Vice Mayor Turkin. D. Consider revised local rules for approval. -TBD Discussion requested by Mayor Penserga. E. Discussion regarding downtown parking master plan. -TBD Discussion requested by Mayor Penserga. F. Discussion regarding bringing more jobs to the City at former ToysRUS.- TBD Discussion requested by Vice Mayor Turkin. G. Discussion regarding changing minimum requirements for traffic studies.- TBD Discussion requested by Vice Mayor Turkin. H. Discussion regarding housing for the homeless in the City.- TBD Discussion requested by Commissioner Hay. Discussion regarding Grant Program for HOA's. - TBD Discuss creating a grant program to help HOA's in the City with street calming initiatives. Requested by Commissioner Cruz. 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an 6 equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the City to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the City Clerk. 7 Announcements, Community and Special Events And Presentations 06/20/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/20/2023 Announce Boynton Beach Police Athletic League is hosting a free basketball clinic Requested Action by Commission: The Boynton Beach Police Athletic League is hosting a free basketball clinic on Saturday, July 1st, 2023 from 9:30 am - 3:00 pm at Ezell Hester Jr. Community Center located at 1901 N. Seacrest Blvd. Handle Life Training's Johnny Stephene, a Boynton Beach native and a professional basketball trainer, is leading the clinic. Youth ages 6-17 are invited to sign up. Complimentary lunch and snacks will be provided. Space is limited. Explanation of Request: The Boynton Beach PAL, in collaboration with the City, is hosting a free basketball clinic How will this affect city programs or services? The clinic will be held at the Ezell Hester Jr. Community Center. Fiscal Impact: There is no fiscal impact to the budget for this item. 0 Announcements, Community and Special Events And Presentations 06/20/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/20/2023 Announce 4th of July Celebration 2023. Requested Action by Commission: Announce the City of Boynton Beach's 4th of July Event - Red, White, & Blue with a Waterfront View on Tuesday, July 4 from 6:30 P.M. to 9:30 P.M. at Intracoastal Park, 2240 N. Federal Highway, Boynton Beach, Florida. Explanation of Request: This is a free, family -friendly event where attendees of all ages will enjoy four stages of entertainment including headliner Jay Valor Band, DJ Nacho accompanied by John Boes on the saxophone, and loop duo Ricky B and DJ Lil Marsh playing kids favorites. Food trucks include Cousins Maine Lobster, Kona Ice, Tina's Treats, Professional Concessions (PCI), Little Moir's, Troy's Bar-Be-Que, Malvo's Chill Spot, Rusty's Caribbean, Palmtrees and Popcorn, Willy's Cafe, and Boardwalk Italian Ice & Creamery. Veterans may visit the information booth to receive a complimentary American flag and pin. There will be multiple photo opportunities available, tag the City on social media and include #Boynton Fireworks for a chance to win a "Best of Boynton Beach" basket. One of the largest Zambelli fireworks displays in Palm Beach County will light up the sky at 9:00 P.M. On-site parking is limited. Beginning at 5:00 p.m., complimentary accessible shuttles will operate from three convenient locations: • Town Square Parking Lot, 100 E. Boynton Beach Blvd. • Journey Church, 715 S. Federal Hwy. 0 • 3301 Quantum, 3301 Quantum Blvd. Ride share is encouraged. An ASL Interpreter will be on site. Additional ADA accommodation requests can be made by calling 561-742-6241. For more information, visit Boynton-Beach.org/July4 or call 561-742-6034. Attachments: July 4th Postcard.JPG 10 11 3.0 Announcements, Community and Special Events And Presentations 06/20/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/20/2023 Announce system wide free chlorination of the water distribution system. Requested Action by Commission: The City of Boynton Beach Utilities Department will be performing a system wide free chlorination for routine maintenance of the water distribution system from July 6, 2023 to July 27, 2023. For more information you can contact the Water Quality Division at 561.742.6964. Explanation of Request: The City of Boynton Beach Water Utility will be temporarily changing its water treatment disinfection process to free chlorination beginning Thursday, July 6, 2023 through Thursday, July 27, 2023. This is a standard practice in which the utility switches to a stronger disinfection method in order to ensure that the potable water delivered to the customer remains of the highest quality. As a result, the customer may notice a slight change in odor and taste in their water. During this period, the City's Drinking Water Distribution System will continue to meet ALL Federal and State water quality standards. Customers can reduce the slight change in odor and taste during this period by keeping an open container of drinking water in the refrigerators for a few hours to allow the chlorine to dissipate. Users of home dialysis machines, owners of tropical fish aquariums and managers of stores and restaurants with holding tanks for fish and shellfish are advised to seek professional guidance on how to operate equipment during this period. Any changes will be eliminated when the Utility reverts to the normal disinfection method at the end of this chlorine flush period. This is a routine, preventive maintenance procedure to maintain the Water Distribution System. For further information, please call the Water Quality Division at 561-742- 6964 between 7am— 4pm Monday through Friday. How will this affect city programs or services? The free Chlorination is part of routine maintenance of the water distribution system. The Utility will continue to meet all local, state and Federal Safe Drinking Water Act requirements. Fiscal Impact: No additional fiscal impact, this is included in the annual Utility operational budget. Attachments: 2023-07 Water Treatment Chlorination Notice.docx 12 PUBLIC NOTICE TO WATER SYSTEM CUSTOMERS OF THE CITY OF BOYNTON BEACH UTILITY The City of Boynton Beach Water Utility will be temporarily changing its water treatment disinfection process to free chlorination beginning Thursday, July 6, 2023 through Thursday, July 27, 2023. This is a standard practice in which we switch to a stronger disinfection method in order to ensure that the potable water delivered to the customer remains of the highest quality. As a result, the customer may notice a slight change in odor and taste in their water; during this period, the City's Drinking Water Distribution System will continue to meet ALL Federal and State water quality standards. Customers particularly sensitive to the taste and odor of chlorine may keep an open container of drinking water in their refrigerators for a few hours to allow the chlorine to dissipate. Because of this change, users of home dialysis machines, owners of tropical fish aquariums and managers of stores and restaurants with holding tanks for fish and shellfish are advised to seek professional guidance on how to operate their equipment during this period as the method for removing chlorine residuals differs from removing chloramine residuals from tap water. Any changes will be eliminated when the Utility reverts to our normal disinfection method at the end of this chlorine flush period. Please be assured that this is a preventive maintenance procedure to maintain our Water Distribution System. If you would like further information on this matter, please call our Water Quality Division at 561-742-6964 between 7 am — 4 pm Monday through Friday. {00526809.1 306-9001921 } 13 3.D Announcements, Community and Special Events And Presentations 06/20/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/20/2023 Announce Budget Workshops. Requested Action by Commission: Budget Workshops will take place at the Intracoastal Park Clubhouse located at 2240 N. Federal Highway, Boynton Beach, Florida on Monday, July 10, 2023, starting at 9:00 A.M., and if needed, will continue on Thursday, July 13, 2023 at 5:30 P.M. Explanation of Request: NA How will this affect city programs or services? This item will not affect City programs or services. Fiscal Impact: There are no fiscal impacts to the budget for this item. 14 3.E Announcements, Community and Special Events And Presentations 06/20/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/20/2023 Presentation- City of Boynton Beach Semi -Annual Grant Report Requested Action by Commission: Hear semi-annual presentation on grant activities for the City of Boynton Beach by Tessy Lacroix, Grants Manager. Explanation of Request: The mission of the Grants Team is to enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. The Grants The Grants Manager prepared a Semi -Annual Grant Report which summarizes the City's most recent grant activities. How will this affect city programs or services? Grant team members and department staff seek funding for priorities identified during the budget process, specifically focusing on goals that support Capital Improvement Projects (CIP) and respond to emergency needs. The Grant Summary Report serves to document citywide efforts and identify challenges and focus areas. Fiscal Impact: None Attachments: FY22&FY23 Grants Requested.pdf FY22-23 Proposed Grants.pdf Application Tracking Sheet.pdf FY22&FY23 Grant Awards and Activities.pdf Semi -Annual Grants Summary 6.23.pptx 15 City Department Pro)ed' Grant Requett Amount, Awarded Finance Department Community Improvement Department Community Improvement ��Finance ��-,, uuuuuuuuuuuuuuuuuuu�� uuuu�� uuuuuuuuuuuuuuuu��.Fire Department FY21 Assistance to FirefightersFire DepartmentFire Department First Responder GrantFire Department Fire Alerting SystemFire DepartmentEMS Equipment Department Boynton Beach Fire Rescue Radio $1,247,179.00 Request ��Fire �� uuuuuEquipment uuuuuuuuuuuuuu��uuu��m uuuuuuuuuuuuuuu��rLibrary Services State Aid to Libraries Services Technology Training for i��Library �,�,� uuuuuuuEntrepreneu uuuuuuuuuuuu�� uuuu�� uuuuuuuuuuuuuuui��.Police Department FL House Local Support Grant $3,344,362.00Request For RadiosPolice Department FDOT Public Safety InitiativesPolice Department CPD De-escalation TrainingPolice Department Victims of Crime AssistancePolice Department Operation Stonegarden - BorderSecurityPolice Department Bureau of Justice Assistance -Bodyworn Camera ProgramPolice Department Palm Beach County - ManateeProtection Program Department i��Police ��-� uuuuuuuuuuuuuuuuuuu�P uuu�� uuuuuuuuuuuuuuuu��P.Unity Project 2024 16 Application Success Rate in 2021-2022: 71% 17 co T W > T v al T T T T Ilr Q ® (c6 Y� 01 � N to m in C VI C to tco aL+ to m to m to m �II W p N O1 E Q E Q Ol Ol Ol O1 v `o p- - a a a T - O1 to c O O c O m O O O O O O voi voi o a c o voi v°i v°i voi voi vii c In v vi a � C N v O C Q z Z v u Z z v Z Z Z v a>i a i v v o a H 3 0 0 o o T m v v 0 0 0 0 0 0 0 c ° C o > 0 0 0 0 0 0 0 0 0 a 0 m O 0 o a0 0 0 0 O 0 o 0 N N 0 0 O 0 0 O 0 06 0 6 0 0 N 0 0 0 O uca c c12� v 3 v co " c w_ co F E- E° r .0 v o ¢- o `o O n rcu Q c c ra rco I`o u a no v > oa v o L v v w -E .. c -E .. o Y y > m e m v 'aa ,� `n° ° acini rna ° aqui v 0,E o> n — o v v c E T 8 c v o c a p- a n 4 3 uE � O j O j N w v E 3 V Y a• 2i !� p OO T N N N v n N w L m 3 E° 3 E n 3 � � v u a o Y o °•' �� >o I° v > o N o N E o a v > v > � � i "C O T d +• 'C c w 0 O s+ v Z y0 T > u > O c LL O> N m v 9 m a N a v li � u u C c m C v E C v E C v E C v E C v E vvi In "C � aZi na n n n n c li C LL p LL p LL � v o a v o a v o a v o a v o a co T T a s a s a c a o c a a s v vv v v v_ p a �, c ,., 10 d o¢ o¢ v a o v '" ¢ N jn E y -T E N a T V -T N Z O N N N Z d O L O E O oZ$ O O oq by O h0 .• N O O - C w N O` m O 0 O O O N E Ll N bOp E O 0 v u N N o c Z Z Z U c25 O U U V U n Q d O Ili O O O O p O O 0 c O ill O ni N 0 O O ,� O rci N 0 0 0 0 m N m N o 0 0 0 0 0 N 0 0 0 0 0 0 i/} 0 0 0 ti N 0 0 0 0 N 0 0 0 nitl ti N U 0 0 0 N N 0 0 0 � N H 0 0 0 0 � r - N c cE m u 0 m p c C7 `n E s O po vE w v o Y LL o v � m v uE l7 w v a O o O N O U U C U U -E« a c v yv- o t v in - ¢ '^ u c ,x., a- 'T^ o E v .� v m o c °' aitl0i T n> t s o f -° <° .i y p 9 a '-'-`o a v m o w u m rca p o E p v v m - a E O t c c0 O 2i v Q o uc p y E_ 0 O -� -> M E N Ul 'p O> O x 'C .y s° c 0 E 0 Y 4 - o = u N tpi v °. 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Requested Action by Commission: Approve and authorize the City Manager to sign a Grant Agreement for the purchase of eleven (11) elk lift cushions. The cost of the equipment is $15,381.19. Explanation of Request: This grant is for the purchase of Eleven (11) Elk Lifting Cushions. These devices will aid the City's firefighters with lifting patients from the ground to chair height allowing them to stand to their feet with minimal effort and minimizing the chance of back injuries to firefighters. How will this affect city programs or services? This equipment will aid in minimizing back injuries to firefighters in the line of duty. Fiscal Impact: By approving this grant the City will save over $15,000 Attachments: R23-079 EMS _ Grant _ Agreement _ with _ PBC_Elk_Lift_Cusions_-_Reso.pdf EMS Provider's Grant 2022-2023.pdf BBFR EMS Grant Agreement 2022-23.pdf 1 RESOLUTIONNO. R23-079 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 GRANT AGREEMENT WITH PALM BEACH COUNTY FOR THE PURCHASE 6 OF ELEVEN (11) ELK LIFT CUSHIONS; AND PROVIDING AN EFFECTIVE 7 DATE. 8 9 10 WHEREAS, this grant is for the purchase of Eleven (11) Elk Lifting Cushions at a total 11 cost of $15, 381.19; and 12 WHEREAS, these devices will aid the City's firefighters with lifting patients from the 13 ground to chair height allowing them to stand to their feet with minimal effort and minimizing 14 the chance of back injuries to firefighters; and 15 WHEREAS, upon recommendation of staff, the City Commission finds it in the best 16 interest of the citizens and residents of the City of Boynton Beach to approve and authorize 17 the City Manager to sign a Grant Agreement with Palm Beach County for the purchase of 18 eleven (11) elk lift cushions. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission approves and authorizes the City Manager to sign 25 a Grant Agreement with Palm Beach County for the purchase of eleven (11) elk lift cushions, a 26 copy of the Grant Agreement is attached hereto and incorporated herein as Exhibit "A". 27 Section 3. This Resolution shall become effective immediately upon passage. S:ACA\RESO\Agreements\Grants\EMS Grant Agreement With PBC (Elk Lift Cusions)- Reso.Docx 39 28 PASSED AND ADOPTED this 20th day of June, 2023. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\EMS Grant Agreement With PBC (Elk Lift Cusions)- Reso.Docx 40 EMS Providers Needs Assessment Form (2022-23) Cvryaeocttc-nemdentanmnFoUer-wcepusidencSeanGibson-Sezretarv Sean Baker - Treasurer, Jaime Walker -mLarge (B Date: October 7 2023 Agency Name: Boynton Beach Fire Rescue Agency Contact Assistant Chief of EMS Jarvis Prince # Of Transport Units 5 # of Non -Transport Units 10 Please have quotes for more than one item/trainings in case you don't get your first pick. 1. What is your agencies top three (3) goals for grant funding this year? (Please number 1-3) ED Airway [_] Stop the bleed [_]K4C|/k8CF [21_l Automated CPR Devices EEStretchers [_] EKG Monitors r—1Narcotic Security EZOther ELK Lifting Cushions ith Airflo 24 Compressor 2. What type oftraining orexercises doyou think your agency needs orwould like toparticipate in? Active shooter drills, airway management exercises and alternative methods for interosseous access i.e. Humeral Head |O injections. 3, bthere any equipment not addressed inQuestion#1yoube|ievewou|dbenefhyoura8encyor agencies "Countywide"? | added Uzthe other's field ELK Lifting Cushions with the Ajrflo24 Compressor. These lifting cushion will assist with the lifting ofobese patients and minimize the chance ofback injuries. 41 '4o, BOUnd Tree IQuotation Account Number: 112941-ESHIP001 BILL -TO CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33425-0310 Ship Method: NO FRT Payment Terms: NET 30 Contact Name Phone Number 10/0712022 SHIP -TO CITY OF BOYNTON BEACH 222 NE 9TH AVE BOYNTON BEACH, FL 33435-3140 Quote Total $ 15,381.19 Boundtree I Phone: I Fax: I Sales tax will be applied to customers who are not exempt. Shipping charges will be prepaid and added to the invoice unless otherwise stated. This quotation is valid until the quote expires or the manufacturer's price to Bound Tree Medical increases. To place an order, please visit our website at www,boundtree.com, login and add to your shopping cart or call (800) 533-0523 fax(800)257-5713 42 �'Tk QuadMed, Inc. Q-adMed.' Mc, U P. O. Box 550773 Jacksonville, FL 32255 Phone: 800-933-7334 Email: sales@quadmed.com Bill To: Boynton Bch FD - FL PO Box 310 dautam@bbfl.us Boynton Beach, FL 33425-0310 Customer: Boynton Bch FD - FL Order # Date 5179439 10/06/2022 Ship To: Boynton Bch FD - FL 222 Ne 9Th Ave Boynton Beach, FL 33435 FC-ontact, Bonton Bch FID - FL =sales Rep Payment Terms I FOB Point Carrier Ship Service Date Scheduled I SEC Net 30 1 _Origin UPS Ground 10/06/2022 Item # Type Number/ Description 1 Sale EBB -495400 - Mangar ELK Lifting Cushion + Airflo 24 Compressor (MPCA070400) Approval: Date: October 6, 2.022 1:31:57 PM EDT Qty Unit Price Ordered Total Price $1,400.00 11 ea $15,400.00 Subtotal: $15,400.00 Sales Tax: $0.00 Total: $15,400.00 El K November 6.2022at12:00PKx HEALTH PRODUCTS FOR YOU HPFYQumes Health Products For You 14 Fairfield Dr Brookfield CTusUD4 866-316-0162 (toll-free) / 203-616-2851 ltem,mPCA070400 Mangar ELK Lifting Cushion With Airflo 24 Compressor Boynton Beach Fire Rescue Jarvis Prince 'Battery powered lifting cushion that will lift afallen person `Can boinflated at the touch ufobutton with someone supporting the individual from behind Uobring them toaraised seated position ready |ostand. 'Portable - weighs just 8|beand folds upfor easy carrying 'Minimizing moving and handling risk - protects caem'baoke ^The extended warranty has not been selected. That imanadditional cost. ^ No optional eooemaohem have been selected, These are additional costs. Sales Tax: Total USID $17,525.00 44 • Ground Shipping. • Prepayment via Check, or ACH Price does not include sales tax. If you are exempt from paying sales tax, then a copy of your certificate will be needed at the time of the purchase. - Lead Time: Approximately 8-10 weeks. Please note that due to supply chain disruptions, inventory levels are subject to change without notice which may cause further delays. All sales are final. These items are non-returnable/non-refundable. • The prices and information on this quote are valid for 30 days. If the purchase is made after the expiration date on this quote (111/06/2022), then a new quote will be required and prices and lead times may be different. - No coupons/Reward dollars will be applicable for prices that deviate from Sell Price shown on product page. - Shopping Terms. hhI ,,, .<<w 11:, a �, , I,[I' ,j['Iw; k f[ vm� Account Manager. Andy Mercier andy0hpfy.com 866-316-0162 EXT 1555 45 AGREEMENT FOR EMS GRANT FUNDS THIS AGREEMENT ("the Agreement") is made as of the day of , 2023, by and between the Board of County Commissioners, Palm Beach County, a political sub -division of the State of Florida (herein referred to as "COUNTY"), and the City of Boynton Beach, a municipal corporation of the State of Florida (herein referred to as "MUNICIPALITY"). WITNESSETH WHEREAS, the Department of Health, Bureau of Emergency Medical Services ("DOHEMS") is authorized by Chapter 401, Part II, Florida Statutes, to dispense pre -hospital emergency medical services grant funds ("EMS Grant") throughout the State to improve and expand pre -hospital emergency medical services; and WHEREAS, forty-five percent (45%) of EMS Grant funds are divided among the counties each year to be used by each county for its EMS needs including using the EMS Grant funds for reimbursement of expenditures of licensed emergency medical service providers; and WHEREAS, the MUNICIPALITY has requested the COUNTY disburse a portion of the FY2022-2023 EMS Grant funds to reimburse the MUNICIPALITY for its purchase of Eleven (11) Mangar ELK lifting cushions plus Airflo 24 compressor (together "EMS Equipment"); and WHEREAS, the MUNICIPALITY agrees to accept said reimbursement for EMS Equipment under the terms and conditions of the EMS Grant and this Agreement. Now, therefore, in consideration of the mutual promises contained herein, COUNTY and MUNICIPALITY agree as follows: ARTICLE 1— RECITALS The above recitals are true, correct and incorporated herein. ARTICLE 2 — REPRESENTATIVE/MONITORING POSITION The COUNTY'S representative/Agreement monitor during the term of this Agreement shall be Ronnie Heen, whose telephone number is 561-712-6484. The MUNICIPALITY representative/contact monitor during the term of the Agreement shall be Jarvis Prince whose telephone number is 561-742-6337. ARTICLE 3 — REIMBURSEMENT OF MUNICIPALITY The COUNTY agrees to reimburse the MUNICIPALITY for MUNICIPALITY purchased EMS Equipment from the COUNTY'S FY2022-2023 EMS Grant funds in an amount not to exceed Fifteen thousand four hundred dollars ($15,400.00). The MUNICIPALITY shall purchase the EMS Equipment and submit the required purchase documentation for reimbursement as detailed in Page 1 of 6 46 Article 4. Approved documentation will be processed by the County Finance Department for payment to the MUNICIPALITY. ARTICLE 4 — GRANT PROGRAM REQUIREMENTS MUNICIPALITY SHALL: A. Comply with general requirements of COUNTY and the conditions of the EMS Grant. B. Submit to the COUNTY Representative on or before December 29, 2023 copies of paid receipts, invoices, or other documentation acceptable to the Palm Beach County Finance Department to establish that EMS Equipment was purchased by the MUNICIPALITY. The County's Public Safety Department Director may extend this deadline, subject to any requirements of the EMS Grant. C. Immediately return the purchased EMS Equipment to the COUNTY should the MUNICIPALITY cease to operate its pre -hospital emergency medical services during the life of the EMS Equipment. D. Submit a training report to the COUNTY'S Division of Emergency Management to include a sign in sheet, date, title and contact number of the persons trained in use and operation of the EMS Equipment if applicable, by December 29, 2023. The County's Public Safety Department Director may extend this deadline, subject to any requirements of the EMS Grant. This report shall include all of the necessary training provided for the EMS Equipment. It is the responsibility of the MUNICIPALITY purchasing the EMS Equipment to provide the training. The MUNICIPALITY'S failure to satisfactorily complete the training in the timeframe provided shall constitute a material breach of Agreement. As such, COUNTY may terminate this Agreement and demand return of the EMS Equipment. ARTICLE 5 — LIABILITY Each party to this Agreement shall be liable for its own actions and negligence. To the extent permitted by law, and solely within the limits established by Section 768.28, Florida Statutes, the MUNICIPALITY agrees to indemnify, defend and hold harmless the COUNTY against any actions, claims demands, costs or damages arising out of the MUNICIPALITY'S use, care and/or maintenance of the EMS Equipment. This provision does not constitute consent of either party to be sued by third parties and is not to be construed as a waiver of either party's sovereign immunity. ARTICLE 6 — AVAILABILITY OF FUNDS The COUNTY'S performance and obligation under this Agreement, including to reimburse the MUNICIPALITY under this Agreement, are contingent upon an annual budgetary appropriation for the purposes hereunder and the availability of FY2022-2023 EMS Grant funds. Ongoing costs for EMS Equipment including, but not limited to, operation, use, maintenance and replacement, is the responsibility of the MUNICIPALITY and will not be funded under this Agreement or the EMS Grant program. ARTICLE 7 — REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to Page 2 of 6 47 enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the COUNTY and/or the MUNICIPALITY. ARTICLE 8 — ARREARS The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 9 — ACCESS AND AUDITS The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least five (5) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the MUNICIPALITY'S place of business. Palm Beach County has established the Office of the Inspector General in Paha Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the MUNICIPALITY, its officers, agents, employees, and lobbyists in order to ensure compliance with Agreement requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. ARTICLE 10 —NONDISCRIMINATION The COUNTY is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770, as may be amended, the MUNICIPALITY warrants and represents that throughout the term of the Agreement, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Agreement. ARTICLE 11— AUTHORITY TO PRACTICE The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct pre -hospital emergency medical services during the life of the equipment. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. Page 3 of 6 48 ARTICLE 12 — SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 13 — NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Ronnie Heen, Emergency Program Coordinator 20 South Military Trail WPB, FL 33415 With copy to: Palm Beach County Attorney's Office 301 North Olive Ave. — 6th Floor West Palm Beach, Florida 33401 If sent to the MUNICIPALITY, notices shall be addressed to: Fire Chief Hugh Bruder 2080 High Ridge Rd. Boynton Beach, FL 33426 ARTICLE 14 — INSURANCE Without waiving the right to sovereign immunity as provided by section 768.28, Florida Statutes, (the "Statute"), the MUNICIPALITY represents that it is self-insured with coverage subject to the limitations of the Statute, as may be amended. If MUNICIPALITY is not self-insured, MUNICIPALITY shall, at its sole expense, purchase and maintain in full force and effect at all times during the life of this Agreement, insurance coverage at limits not less than those contained in the Statute. Should MUNICIPALITY purchase excess liability coverage, MUNICIPALITY agrees to include COUNTY as an Additional Insured. The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation insurance in accordance with Chapter 440, Florida Statutes. Should MUNICIPALITY contract with a third -party (Contractor) to perform any service related to the Agreement, MUNICIPALITY shall require the Contractor to provide the following minimum insurance: • Commercial General Liability insurance with minimum limits of $1,000,000 combined single limit for property damage and bodily injury per occurrence and $2,000,000 per aggregate. Such policy shall be endorsed to include MUNICIPALITY and COUNTY as Additional Insureds. MUNICIPALITY shall also require that the Contractor include a Waiver Page 4 of 6 49 of Subrogation against COUNTY. • Business Automobile Liability insurance with minimum limits of $1,000,000 combined single limits for property damage and bodily injury per occurrence. • Workers' Compensation insurance in compliance with Chapter 440, Florida Statutes, and which shall include coverage for Employer's Liability with minimum limits of $1,000,000 each accident. When requested, the MUNICIPALITY shall provide an affidavit or Certificate of Insurance evidencing insurance or self-insurance. Compliance with the foregoing requirement shall not relieve the MUNICIPALITY of its liability and obligations under this Agreement. ARTICLE 15 — ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 16 — EXPIRATION OF AGREEMENT This Agreement shall automatically expire in five (5) years from the effective date or upon the expiration of the life of the EMS Equipment, whichever comes first, in accordance with the State EMS County Grant Program. At such time, the MUNICIPALITY may dispose of said EMS Equipment as surplus property with no further municipal purpose. ARTICLE 17 — EFFECTIVE DATE This Agreement shall become effective upon execution by both the COUNTY and the MUNICIPALITY. ARTICLE 18 — E -VERIFY - EMPLOYMENT ELIGIBILITY Each party warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended. Each party has registered with and uses, and shall continue to use, the E -Verify System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired employees. If either party has a good faith belief that the other party has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, said party shall terminate this Agreement with the violating party. ARTICLE 19 — PUBLIC RECORDS Both parties shall comply with Florida's public records laws. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 5 of 6 50 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the COUNTY and MUNICIPALITY has hereunto set its hand the day and year above written. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS BY ITS COUNTY ADMINISTRATOR WE Verdenia C. Baker County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY : Asst. County Attorney APPROVED AS TO TERMS AND CONDITIONS Department Director CITY OF BOYNTON BEACH WE Municipality Representative APPROVED AS TO FORM AND LEGAL SUFFICIENCY Ulm Municipality Attorney APPROVED AS TO TERMS AND CONDITIONS : Page 6 of 6 Municipality Representative 51 M. - Consent Consent Agenda 06/20/2023 Proposed Resolution No. R23-080- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for 5 -Star Beauty DBA Beauty Spa. Requested Action by Commission: Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for 5 -Star Beauty DBA Beauty Spa. Explanation of Request: The City's Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff has received a complete grant application from 5 -Star Beauty DBA Beauty Spa located at 1600 N. Federal Highway Unit 8, Boynton Beach, FL 33435. 5 -Star Beauty DBA Beauty Spa offers beauty, hair care, nail care, cosmetic and personal care services. The applicant will utilize the grant funds for a development and distribution service to create: - Brand and logo design - Promotional items (company letterhead, business cards, t -shirts, flyers). How will this affect city programs or services? Approval of this application will allow the City's Division of Economic Development to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Fiscal Impact: The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business Grant Program in FY 22-23 via account 001-2419-559.49-68. 5 -Star Beauty DBA Beauty Spa will receive $2,500 from those budgeted funds. 52 Attachments: R23-080 Marketing_ and_Digital_Small_Business_Grant_Funding_5_Star_Beauty_- _Reso. pdf Grant Agreement - 5 -Star Beauty DBA Beauty Spa.docx Application - 5 Star Beauty DBA Beauty Spa.pdf 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTIONNO. R23-080 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A GRANT AGREEMENT FOR THE MARKETING AND DIGITAL CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE AMOUNT OF $2500.00 FOR 5 -STAR BEAUTY DBA BEAUTY SPA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City's Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e- commerce platform; and WHEREAS, City staff has received a complete grant application from 5 -Star Beauty DBA Beauty Spa located at 1600 N. Federal Highway Unit 8, Boynton Beach, FL 33435 which offers beauty, hair care, nail care, cosmetic and personal care services; and WHEREAS, approval of this application will allow the City's Department of Economic Development and Strategy to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission approves and authorizes the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500.00 for 5 -Star Beauty DBA Beauty Spa, a copy of which is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (5 Star Beauty) - Reso.Docx 54 32 33 34 PASSED AND ADOPTED this 20th day of June, 2023. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor— Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE /_19X•111 Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding (5 Star Beauty) - Reso.Docx 55 CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this day of , 2023, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and 5 -Star Beauty Spa, Inc. DBA Beauty Spa hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 1 56 B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. F. All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. E 57 III. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non -defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non -defaulting party. B. In the event that the defaulting party fails to cure the default, the non -defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REIMBURSEMENT REQUIREMENTS GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program. V. GRANT AMOUNT The total grant is Two Thousand Five Hundred Dollars ($2,500). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. 3 VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servant employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. X. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. {00306206.2 306.9001821 } C:APmgram Files (X86)ANeevia.ComVDocconvetterproATemp`NVDCAOAEE6562-AC48-430A-8055-5F649474F 16CABoynton Beach. 16786.].Grant_ Agreement _(00306206-2xc4b6a).Docx XI. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. -M XII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of 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 if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XII. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XIV. ENTIRE AGREEMENT The CITY and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XV. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile (561) 742-6011 60 with a copy to: Michael Cirullo, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): 1600 N. Federal Highway Unit 8, Boynton Beach, FL 33435 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY By:_ Print: Name: ATTEST: Maylee De Jesus, City Clerk APPROVED AS TO LEGAL FORM: Office of the City Attorney GRANTEE 5 -Star Beauty DBA Beauty Spa By: _ Print: Title: ATTEST: Print Name: Title: (CORPORATE SEAL) 61 EXHIBIT "A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your business' way of communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick -and -mortar to online. Having the ability to process sales directly online builds your customer base and allows your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick -and -mortar location. The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first -qualified, first-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability. The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Economic Development Division. 62 Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries — Travel and accommodations — Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Required Documentation with Application Application packets must include the following documentation: 63 1. W9 Form (included in this application package if needed) 2. Copy of active City of Boynton Beach Business Tax Receipt 3. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. 4. Vendor Quotes for eligible uses Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval. The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 20, 2023 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. 64 How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City Economic Development Division at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. 65 Pirogirainn Oveirvilew C 1 T Y 01 F 1AMBiL Clity of In- In Beadh MairIke-til ng In Mglitall in inectri vii- ty Simalill Busltiness Giraint Pirogirairn Oveirviiew Marketing its your business' way of communicating, delivering, and exchanging information about your company to an audience.. It's your opportunity to create a narrative about your business that you can showcase to current and potentiM custorners.. With new mediums of communication, available platforms and economicshifts in consuirrier spending, the Ciity allso recognizes the importance of e-commerce for small businesses.. E-corrimerce allllows businesses to grow theiir customer base, generate new salles, and benefit from the shift in shopping online. Having the ability to process salles diirectlly online builds your customer base by allowing youir business to reach new custorners.. IDuiring the pandemic, onlline businesses benefitted as it allowed them to stay connected with their custorners as their physicM location was slhut down.. The goM of this grant is to Ihellp local) small busiinesses irriprove the qualliity and effectiveness of their marketing to hellp reach a broader market. AvaiiIialblie IFuuinrdiiing The City's IMairketiing and IDiigiitall Connectivity Small IBu.usiiness Grant was created to support smaIll businesses with marketing and/or developing an e-cornirnerce component to their business. The City will provide eligible small businesses with a reinnIbursalble grant for expenses associated with marketing and/or the development of an e.-comirnerce platform for their business.. IEligiblle uses completed and/or paiid for prior to City Commission grant aplprovM will not be eligible for reimbursement.. The maximurn grant amount its $2,500.. The grant is awarded on a first -qualified, first-served basis.. All applications are subject to Ciity Commission approval.. Submitting an application to the program its NOT a guarantee of funding. All applications are subject to funding availability. The Ciity of Boynton (Beach reserves the right to approve or deny any application and to deny payment at any time iif, in its solle and absolute discretion, it determiiinies that the business will not advance the goalls and objectiives of the City's Econornic Development Division. 66 Elligillbillity II uireirneints Efligii1billifty Requirements • (Business must be (located within the Ciity of lBoynton Beach city limits • (Business must have between 1 and 25 employees • Applicant must be a for-profit privately held lbusiness.. Non-profit organizations are NOTeligilble for funding through this program.. • IMust The properly licensed lby all necessary levels of government and professionM associations or agencies, including City of Boynton IBeaclh IBusiiness Tax IReceiipt (IBTIR).. ElHigillblie Uses The City must approve all eligible uses as indicated on the application. Eligible uses for grant funding Under this program include, (but are not limited to:: Development of a rriarketing/sociM rnedia pllan IDesign of marketing materials and content Website design Web prorriotiions (e..g.. Facebook ads) IPriint and TV advertisements SociM irnediia development and assistance Marketing consultants Brand and (logo desiign E. -commerce software and development Any other uses Ciity staff or the Ciity Commission determine will support the goalls and obJectives of the City's Division of Econoirnic Development Ineligible uses include but are riot limited to:: Sponsorship fees Website hosting/rnaimenance fees Staff salaries Travel) and accommodations Office costs including rent/lease payments *Eigible uses completed and/or paid for prior to grant approval) will not be eligible for reimbursement. Grant applicants may applly for one or irnore eligible use.. The City reserves the right to approve or deny any use, in iits sone and absolute discretion, iit determines does riot meet the intended goalls arid objectives of this program.. 67 Add-floinall Information Required Docuirneintatiloin with Application The following documents must be submiitted with your application to The considered complete:: 1. W9 Form (included in thiis appllication package if needed) 2,. Copy of active Ciity of(Boynton Beach 1Business Tax Receipt 3. Written detailed description of your project and (budget estimates.. The project budget irnust provide a totM cost for the project.. 4. Vendor quotes for eligible uses Approval of Funding Request Once eligibility is verified and alj required docurnentation has been submitted, City staff WIJ review the applliication for cornpletion.. Once a complete application is confirmed, a Graint Agreement between the applicant and the Ciity wilJ be placed on the next available Ciity Comirnission agenda for approval).. The City Comirnission can approve or deniA any applicant and/or Grant Agreement at its solle discretion.. The City Commission meets on the first and third Tuesday of each mointh.. The schedule for City Comirnission IMeetings can be obtained at www..boynton.-beach..org.. The applicant vvilJ The notified of Hhe date and tirne their application will be presented to the Ciity Commission. It is recommended that the grant applicant attend the Ciity Commission Meeting in order to answer any questions the Commission may have regarding their application. Ciity staff WIJ notiify the applicant of appirovM or denial.. Refirrilbuirsement Process This prograirn its designed as a reimbursement grant.. That is, a11 project costs rinust be paid for by the applicant prior to the City issuing grant funding. Grant funds WIJ be reirribursed exclusively for approved eligible uses that have (been paid for after the applicant has received notificatiion that their Grant Agreement has been approved by the City Commission. Any worlk/costs associiated with the project cornpleted prior to receiving Grant Agreement approval) ii ineligible for reimbursernent.. If approved, the applicant WIJ have until) September 22, 2023 to submit for reirribursement.. The following docurnents are required to subunit'for reimburseirrient:: • Invoices, receipts or other acceptablle evidence of payrnent to vendors or consultants that Ihave been marked "paid iin fullll"; and/or • Cancelled checlk(s) showiing the front and back of the cancelled check for work that was complleted as part of the project. • Other evidence of payment for work cornpleted as part of the project.. *No cash payrnei1s wilJ be accepted as evidence in support of a request for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is -the responsibility of the applicant -to READ AND UNDERSTAND all aspects or the grant 1program application and guidelines. NOTICETOTIHIRD PARTIES::The giraint application 1pirogirairin does inot create any iriiglhts -for airry pairtles, including Ipairtiiesthat 1peirfoirirned work oin the 1piroject.. Noir shall Issuance olf a giraint iresuallt In airry obligation oin -the 1pairt o -F the City of Boyintoin Beach to any thilird Ipairty.The City iis inot requilired -to veiri-Ify that entities that have contracted with -the applicaint have beein Ipaiid iirn full, or that such entities have Ipaiid any subcontiractoirs In full., Applicant's wainrainty thiat all Ibiilllls irellated -to the Project -for which the applicaint iis directly ires 1po iris I ble iis suMicleint assuiraince -Ifoir the City to awaird giraint funding., 68 BUS11INIESS IIINIFOIIRIMATIIOIN Boyintoin IBeachn l'5 Star� Beauty Spa INC lBusiiiness IMairne Busiiiness ILegall Maime, iif diiffeireint thain albove Boyintoin IBeachn Street Address Busiiiness; Address* 1600 North Federall High Address Line 2 unit 8 City State / Province / Region Boynton Beach FI_ Postal / Zip Code Country 33435 USA lBusiiiness IMaiilliiung Street Address Addiress, iif diffferent: 1600 North Federall High frorn Iplhnysiieall Address Line 2 Unit 8 City State / Province / Region Boynton Beach FI_ Postal / Zip Code Country 33435 U SA Busiliness crystal carter Owner/IIS idincipall IMairne* GranIt Appl1kcation owner, Cointact Persoin/TitIle F11hone Murnbeir* 5618601416 Ernaill * carter-crystal129(gyahoo. corri Own or Reint. Own ) Rent Comirneirciiall Property?* 19 IM u irn The ir of ErnpIlogees * Type of Busifiness * Beauty Salon Descidiption of Your Beauty salon lBusiiiness* P11FROJECT IDIESCIRIHIPTIOIN Marketifing/lE.- Please select all the eligible uses you are seeking grant reimbursement for Cornimerce ILlliigiilblle Development of a rnarketing/sociall media pllan Uses Design of marketing materials and content Website design Web promotions (e.g. IFarebook ads) Print and TV advertisements Sociall rnedia development and assistance Marketing consultants 'V) Brand and Ilogo design E.-cornmerce software and development Equipment to support marketing efforts Other Project IDesciriiptiioin * Provide a detailed description of your marketing/e-commerce project. 11 plan to use funds to get flyers t -shirts, business cards etc in or -der to create more awareness that the business does exits., Project Ilimlpact* Provide a detailed description of how this project will impact your business It wiIIII be awareness that the company exist. Project'sTotall Cost* $ 2,627.00 Grant Arnouint Maximum amount is $2,500 Requested* 2500.00 Esthmated What is the estimated project completion date? CornplIetion Date* 6/2/2023 ADDITIONAL 11INIFOIRIMAT110IN Other Progirainns* Are you applying for additional loan/grant assistance under any other program(s) offered by the City of Boynton Beach or BBCRA? ) Yes f"A!) No Required Documents W-9 Form For a copy of a blank W-9 Form click this link. U I P I l 1 0 1 a I d I Mar 22, Doc 2, pdf 1.88MB 70 Click here to download a bllank W-9 Form, Business'Tax Copy of City of Boynton Beach Business Tax Receipt Reciielplt* Upbad ilmageOO1,pdf 73.621KB Project Budget* Please provide a detailed project budget. The project budget must provide a cost breakdown of each eligible use and a total cost of the project. UpWd IIIMG.-2109.pdf 176.91 KB X Vendoir Quote(s) Vendor quote(s) for eligible uses UpVoad IIIMG-2109 (1),Ipg 164.67KB In= AlpIpflication Date* 5/17/2023 71 6.0 Consent Agenda 06/20/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/20/2023 Request for increase to annual estimated expenditures on current bid contract, Backflow Prevention Device Inspection, Testing and Repair Services, Bid # 020-2821- 19/EM with Line -Tec, Inc. Requested Action by Commission: Approve an increase to the annual estimated expenditures for bid contract "Backflow Prevention Device Inspection, Testing and Repair Services" Bid # 020-2821-19/EM with Line -Tec, Inc. of Delray Beach, FL from $40,000 to $60,000 annually for the duration of the contract. Explanation of Request: On May 7, 2019, the City Commission approved a bid -award to Line -Tec, Inc. for Backflow Prevention Device Inspection, Testing, and Repair Services # 020-2821-19/EM in the amount of $25,000 annually. On April 19, 2022 the City Commission approved a renewal to this bid award for an expenditure of $30,000.00. On June 21, 2022 City Commission approved an increase to annual estimated expenditures to $40,000 but over the last year, the number of private backflow devices that are not meeting compliance requirements continues to grow, requiring staff to enlist the vendor to inspect and certify these devices. The cost of this service is initially paid for by the Utility but passed on to the customers through the utility billing. Utilities is requesting to increase the annual estimated expenditures from $40,000 to $60,000. How will this affect city programs or services? Provide reliable annual inspection, testing and repair services for backflow prevention devices for the Utilities department in accordance with the requirements of the Florida Department of Environmental Protection (FDEP). FDEP requires that backflow prevention devices are tested each year. Fiscal Impact: There is money budgeted in Utilities operational budget, though the testing, inspection and repair or replacement fee will be recuperated from the customer. 72 Attachments: LineTec Inc BID_020-2821-19_EM.pdf 73 74 The UA y of'Bu �nton Beach Y 9311,171111MI BID No.: 020-2821-191EM Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426 on or by" March 25 2019' No Later Than 2:3q±.M. Local 1"ime Consistent with the requirements of Chapter 2, Article Vill, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. cone of -0 1 1 ANN* I ON I W."I IRWIs 1A 21W &P, K41'ejolUTM Mfi,11111IT041 pall# 75 Purchasing Services I P. O� _80)c 310 Boynton Beach, Florida 33425-0310 742-6323 Telephone: (561) FAX`(561)742-6316 9311,171111MI BID No.: 020-2821-191EM Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426 on or by" March 25 2019' No Later Than 2:3q±.M. Local 1"ime Consistent with the requirements of Chapter 2, Article Vill, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. cone of -0 1 1 ANN* I ON I W."I IRWIs 1A 21W &P, K41'ejolUTM Mfi,11111IT041 pall# 75 Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence $hall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awal any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation, Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Marl Any questions relative to any iteril or portion of this bid should be directed to llyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: UN RDL012 The City of Boynton Beach is seeking the services of a Contractor for the Inspection, Testing, and Repair of backf1low prevention devices In accordance with the terms and conditions, and specifications stated in the Bid. The Contractor must be state -certified, licensed and insured to service backflow prevention devices. Testers for the Contractor must be certified by University of Florida TREEO Center or equivalent in Backflow Prevention Device Testing and Repairs. Contact" City of Boynton Beach Purchasing Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 Ilyse Triestman, Purchasing Manager (561) 742-6322 or Lriestmani@bbfI.us Office Hours: MONDAY - FRIDAY, 8:00 A.M. TO 5:00 P.M. TIM W. HOWARD ASSISTANT CITY MANAGER — ADMINISTRATION N 76 INVITATIONTO BID M BACKFLOW PREVENTION DEVICE INSPECTI ONJESTI NG AND REPAIR SERVICES BID No.: 020- 2-1911 Section 1 — SUBMITTAL INFORMATIO111 A. The City of Boynton Beach will receive bid responses until _March 25, 2019 at _2,30P.M. LLQgAL TIMEJ in Purchasing Services located at City Hall, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 BAny responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response derivered to PurehasIVA-S_ervices for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective biMM*rs who have secured same, however, it shall be the res -- onsibili ( of each MMM" IgNonse, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their bid response. E. Responses shall clearly indicate the Is al name a ress an :e eo one nu bidder (firm, corporation, partnership or individual), Responses shall be �ned above t lypig r. The signer shall have the authority to he t ed o of the signe _2Lpdgjg� contractually bind the proposer to the submitted bid. Bidder must note their Federal I D. number on their bid submittal. 77 GENERAL CONDITIONS FOR IIBIDDERS 78 The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; DReissue an Invitation to Bid-, E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STAND -ARDS, Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; BA satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INF RrA ON AND DESrCR E LITE ATURE: Bidders must furnish all information d form 0 T_' I PTV requested ues ed in the spaces provided on the b Further, as may be specified elsewhere, each 1 r must su It for I evaluation cuts. h b dde b bid eva n , sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS, Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (1 0) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST- The award hereunder is subject to all conflict of interest provisions of the City of Boynton each, Palm each County, of the State of Florida. NTN L lJ TITI m The City rase es the right to acquire additional quantities of the bi pro acts or services at the pri s id in this invitation. If additional quantities are not acceptable, the bid sheets ust be noted "OR SPECIFIED QUANTITY ONLY". PLS a les of items, when called for„ r gust be furnished free of expense, and if not us d, t ste or destroyed, u on request, will a turned at the bidder's expense. Request for 79 the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturers brand name and numM" r, and item reference. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCERTIONS- Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid, The use of bidders standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents, ALTER�LA_TES. Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof, The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unquaed right to a final decision regarding the approval or rejection of the same, M""" a 0111111MMMON 80 ADVER1ING- In submitting a bid, the bidder agrees not to use the results as a part of any 1 _S commercial advertising. Violation of this stipulation may be subject to action, covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGN_MENT- Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the city. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s,) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and 81 OPTION BY OTHER GOVERNMANTAL AGEhLCIES: If a bidder is awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AS _SPECIFIED, A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. items/services delivered not as specified, Will be returned at no expense or penalty to the City Mie Boynton Beach, _DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination, Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. UVII191-71�v WMAM-AMMIAMIN * 11:111 ] AM MM* M 111FUNIZINIMM 82 83 PALM BEACH COUNTY INSPECTOR GENEr-TAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate andaudit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIC —RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply wit'i Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; Bpon request trorn the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to, be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D, Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractors possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. LOCAL BUSIRES' 1R— f EF[Efl9-.!S0E The City of Boynton Beach Administrative Policy No. 1 O 16.01 provides for a local business M.eference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of o responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. E 84 fl,"J."ILdLIN -3C gj 215.473 _ �, . ............ -RUp ade in error then the City shau nave Tne ng(W) WSW pursuant to Section 287.135, Florida Statutes, as amended from time to time. Solicitation responses of $1 million or more must include the attached Scrutinized Compani form to certify that the Proposer is not on either of those lists. JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101, BOYNTON BEACI 1� FL 33426 561-742-6061 PYLEJ@BBFL.,US _QUF-1S'T1ORS;. Any questions relative to any item(s) or poiftion of trine bid or inn ftatlon to Md shoWd be &ected to A.M.to 5:00 RX at. f564) 742-6322- E -mall tries bfLus a 85 SPECIAL, TERMS AND CONDITIONS THE111111 F IWAlNDI'r-,,,,,,R OF AI III LII IIPAGE IS INTENTIONALLY LLEFTIIllllllK. w 86 INVI"I"ATION TO BED FOR BAMPLOW PREMENTION 1I ICE INSPECTION, TESTING A�ND RIIE',JIPAIR SERVICES SPECIFICATIONS AINDTIE 'CHNICAL. REQUIR,EMIIIE,-,,,,N'TS 87 o One bill for all failed units — non -City S. In the case of emergency, Contractor must be available to be on site within two (2) h,#,,urs of the initial call from the City. -------------- TESTING STANDARD: A. All tests shall be accomplished in accordance with the procedures indicated in the latest edition of Chapter 8 of the American Water Works Association (AWWA) Manuel M14, Section 9 of the University of Southern California's Manual of Cross - connection Control. B. All backflow prevention devices shall comply with the American National Standards Institute (ANSI), American Society of Mechanical Engineers (ASME) and American Society of Safety Engineers (ASSE) specifications. BACKFILOW PRIE'VENTION DEVICES ON PRIVATE PROPERTY NOT OWNED BY THE CITY: A. The majority of the backflow prevention devices covered by this contract are located on private property. These private property owners have failed to have backfiow prevention devices certified upon expiration. The City requires that these devices be tested annually. The City will send letters to all applicable customers introducing the Contractor and explaining the backflow prevention device testing requirements. B. The contractor shall ensure good relations with all City customers. The following procedures will be followed for this purpose: a) any reports of lack of courtesy or workmanship must be investigated within twenty-four (24) hours; b) technicians must always be cognizant of being representatives of the City and conduct themselves accordingly; c) technicians shall not accept payment from customers for work performed for the City under this contract; d) any inappropriate conduct will be grounds for termination of this contract. E REPAIRAND IREPLACERNIENT: A. The Contractor shall submit pricing for hourly rates for the repair and replacement of backflow, prevention devices on City -owned properties and facilities, Pricing shall include all labor, tools and equipment necessary for the repair of the device. The City will reimburse the Contractor for the direct cost of parts utilized in each repair or replacement. The City reserves the right to provide the Contractor with necessary parts. In this event, the Contractor shall provide a list of said parts to the City within ten (10) days of written request from the City. B. At its option, the City may authorize the Contractor to make necessary repairs to service lines or piping, order the customer to make such repairs, or undertake such repairs itself. C. The Contractor shall flush the water line after repairing or replacing a backflow prevention device to ensure the device is working properly and to verify service restoration to the entire premises. D. The Contractor shall be responsible for correcting any leaks at the backflow prevention device, valves, couplings, service lines and ancillary equipment and hardware that could reasonably be attributed to the backflow prevention device 15 L -h repair if such leaks are reported by the City within ninety (90) days of the initial repair or replacement. E. All repair work, including materials used in repairs performed under this contract shall be guaranteed against defects in workmanship for a period of one (1) year from the date of acceptance by the City F. Repairs of failed,privately-owned units must not be included for reimbursement by the City. Only authorized repairs for City -owned backflow prevention devices will be reimbursed. G. For all replacements, the serial numbers of the old and new backflow prevention M*vices must be included on the test report. PERMITS AND FEES: A. The Contractor shall procure all City of Boynton Beach Building Permits required for any part of the Contractors work. Any drawings or exhibits necessary for the permit application shall be the responsibility of the Contractor. The Contractor shall pay the cost of the permit fees. Include permit fees in unit pricing. B. The Contractor shall review and become familiar with the requirements and conditions associated with the permits issued for the Project. It shall be the sole responsibility o� the Contractor to know and fully comply with all of the requirements and stipulationa included in the permits, as applicable. IV 90 EXISTING IRRIGATION SYSTEMS: The Contractor shall review all areas to be disturbed by construction, prior to beginning construction and provide abutting property owners a seven (7) day's notice torelocate landscape and irrigation. The Contractor shall repair irrigation systems damaged by its work. Prior to construction, the City, Contractor and property owners will review the existing irrigation systems. The Contractor will only be allowed to work within the limits of construction. Any disturbance to vegetation or irrigation outside of the limits of construction will be at the Contractors expense. 17 91 �RESPOPQSI�Bl�l�.�l�'l�'N'�F'OR MATERIALS: The Contractor shall be held responsible for any materials, equipment and work to the full amount of all payments made thereon, and he will be required to make good at its own cost any injury or damage which said material, equipment or work may sustain from any unforeseen obstructions or difficulties which may be encountered, or from any source or cause whatsoever, or from any action of the elements, before final acceptance thereof. ORDERING PROCEDURE AND DELIVERY TIME: A. After issuance of a purchase order, the City will contact the vendor to schedule a kick- off meeting. B. If required, City staff will perform a site visit with the M ... e After receipt of order details and site visit (if conducted), the Contractor shall submit an application for a building permit to the Building Department within two weeks. D. The sign(s) shall be installed within two weeks of receiving the building permit from the City's Building Department. E. A post inspection is required, pdor to the City's final building inspection. WORK HOURS: Normal work hours shall be limited to 7:00 AM to 5:00 PM, Monday through Friday. Any work performed outside those hours shall be approved in advance by the City. WARRANTY: & All materials and work shall be warrantied for a period of one year from the time of final acceptance by the City. B. The Contractor shall guarantee that everything installed as per all manufacturers' requirements and shall provide a copy of all manufacturers warrantees. THE IREMAIIINDER OF r111! IE PAGE, IS INTEIINTIO14AIIII LY LEFT 111L NK. 18 92 mi"wriON 'TO BID OR BACKFLOW EVE °ION IIIC E'ViCE INSPECTION, 'TESTING ANIS RIEPAIR SERVICES • : iY • i ♦ rl "` ` N :' � � « ,.. • + Mf. M A " :• +: "` 11 � it w i ",. Ih IUB X0.1,Oj,it rn 'Lul . ITEM DESCRIPTION IF"S"i"'IMATE'llD UNIT OF UNI�T i s Testing of BackfJOWiyear EACH _4.... Prevention Devices Lr . ... ........... Fnn UNIT PFU �� S IPITIN DISCOUNT LABOR COSH' FOR REPAIR ......... ....�...�..)ER ....... it ii 2. REPLACEMENT __.........T.. °°° w............... . L"4 .u HOUR DIEVICES -------- ._.. PREVENTION,°..°..u.............°°°°°°°°---------..,_................_°°°°_ _........ ,.°..°..°.......... ro MwlllIlA T' FREE' PRICE LIST .°....... ...:�� °° �11I"� _. w.....°. _._. ........ COMPANY ' NAME ,," UTT6°° .WR r. PRINTED NAME it°iD° NUMBER ° °...,� .........._. ...............° A I L" A D D R E4s 19 93 BIDDER'S QUAL]FICATIOfid S STATEMEN T BIDDER shall furnish the following information. All questions to be answered in full, without exception,. if copies of other documents will provide the appropriate answer to the question, they may be attached and clearly labeled. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. BIDDER'S GENERAL INFORMATION: 1, BIDDER'S Name, Pfincipal Address, Phone and Fax Number. A2, 2. Number of years as a Contractor in Isis type of wor1c.—Iz-, 3. Names and fitles of 0 officers, pwllpers or."in6viduMs doing business under trade name: <- X . . .................... . . . . ...... 4. The business is a; Sole ProprietorshipEl Partnership ❑ Corporation 2/ 5. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: 6. What is the last project of this nature that you have completed? 7. Have you 1�� ersorw lly 'Cnspected the proposed WORK and do you have a complete plan for its perforirrimince? 4 ME 94 & List past clients your company has worked for within the past three years. BUSINESS/ Tel!, Product/ [ I - NTACT rt CO Sev�r No, 1 11�,: InM ar iid $ 'Value U r . . ......... . Tel F,ax ,V CONSaMce "I AM '4 4, ll'qu� 2 and $ Emall Value B1JlS1N1l:,SSj la CONTACT sv �Cqi Z,g No.3 D, c and vallue Te�ProductJ Servk�e A CONTACT -Pn "Of No. ��i 4, and $ vallue 41i . ............... . ProduuU rei, 1', 4 'ON ll"ACTFm l'', -, -i z No, 5 DA aIld $ (Z V bz allue ........... . .......... �. 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if liecessary), L ---- ........ - ---- - ---- . ........... ------ 10. State the Il and licensing of the individual who will have personal supervision of the WORK, (All all ficlansing) c.tl& , —r --- . ... . ................ 11--- .. . ......... ..... 11. Will you sublet any part of this WORK? If so, give details. FNcN ------------ . ................... ............. ------------ . ......... .................... . . . . . ........... ------------- 12. What equipment do you own that is available for the WORK? (Attach additional sheets as necessary) ..... ... ... i;;;!;; i LIU 1 WI IIIIJUS IF 95 14. What equipirinent mfM you rent for the proposed WORK? 16. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been decAared to be in default in any contract in the last five (5) years .7 If yes, please explain below: 16. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years, Include in thp description, the disposition of each such petition. 17. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. d% 18. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? (if yes, specify in details the circumstances, and prospects for resolution). r" . ............... . 20. Annual Average Services Revenue of the Bidder for the last three years as follows: L GovernMEN"it l�telated Work .. ...... . ------ ----- ........... R,elatw�i Work__.. . ......... . . . . . . . . . . . . . . . . ---------- a - Total Wdo* to M 96 20. Princ . Dal Materials Manufacturer and Subcontractors. The BIDDER who proposes to perform WORK specified and shown on the Drawings is submitting this Bid Form. The Schedule of Bid Prices shown on the preceding pages(s) has been calculated and tabulated using basic material prices. The following is a list of material manufacturers and subcontractors whose materials and services said BIDDER proposes to furnish and utilize if awarded a CONTRACT for the WORK specified herein and shown on the Plans. it is understood that the following list Is not complete, but includes the names of manufacturers of the principal components and subcontractors supplying principal services to said project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering same. "all '111-m-aA gave "--069@ 1171M.15 00111WOWNIN, [on] I Lum I mi;zwa IN 1 [0141 toll I I I Item Manufacturer ............. . ... ......... . . . ..... . Xv t"> cp ......... ........... ............... .................... . ......... ................. .. ........... .............. . r ............... . . .................. . lie M 97 the BIDDER'S qualifications to perform unaer the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including e dissemination of information requested above. By Datej /It ... . ...... THE REMAINDER OF"irHE PAGE IIS IN"I"ENTIONALLY LEFT BLAW. AZ 98 Aftachi,nent "A." City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM ges listing the City wmi"i"i4i" %znd a eemcnts, the City requires appmpriate covera Holdefl and "The City of Boynton Beach i!MAd"T7nTa'1i7!u7e7 as respect to coverages IIUWU. insurance coverages must have a current rating by A.M. Best Co. of "B -P' or higher. (NOTE: An insurance contract or bind] may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list Is not alt lncluslve�,, In the City reserves the right to require additional types of insurance, or to raise or lower the stated lintits, based up identified rlsL) =L (Occurrence Based Only) 1HOMM iIMB 1�i Rwiiffl . . . .......... ........... .......... General Liability . . ...... General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg, S 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one -fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit S 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange 50,000.00 Non ed Autos PIP Basic Intermodal ..................... Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 11000,000.00 Aggregate $ 1,000,000.00 .......... — ........ Excess Liability ........... Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employees Liability Each Accident S 100,000,00 Disease, Policy Limit S 500,000.00 Disease Each Employee $ 100,0()0.00 Property Homeowners Revocable Permit Builder's Risk Other - As Risk Identified S 300,00000 MR 99 BIDDER ACIK11401NI EDGEWENT Submit Bids to: PURCHASING SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Telephone: (561) 742-6310 Bid Title: "BAC KIFLOW PREVENTION DEVICE INSPECTION, TESTING AND REPAIR SE'RVICES09 Bid Number: 020-2021-1 1E Bid Due: Mairch 25, 2019, NO LATER, THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: ............. ........... Federal I.D. Number (j, n"e/ emlon, mm+ - r Area Code: i, Telephone Number: Area Code'. FAX Number: Mailing Address: "A ................. CitylState/Zip: D', X�1,1 W . .............. Vendor Mailing Date: j it AdO ess, Aut mtized �§Sgtiature 1� THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE No 100 NON COLLUSION AQFFIDAvrr 01F PRIME 113IDDEIR State of .......... coli inty 0 being first duly sworn, deposes and says of 1) He is — - ------------ ...... ........ --.1 . ...... . ........ ......... ritie) (Name of........ Corporation or, Firm) the bidder that has submitted the aftacl-ied bid: (Signed) ... LLI- Subscribed and sworn to before me ................ This j___ day of 20 W EL G'AUDELL �My czrnryilssioin expQr.,.'�, b„ Mp,'WIIIIIIUufi�MINWIg•MW�YNI SII THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Nd 101 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH ) 1, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton each as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Sworn and subscribed before m........e this ay of d 20 RV'l-Gbi I -G, ESiate of' P �...onc MEM . . . . ....... . ............. "OFPlCIAL. NOTARY SEAL" STAMP in .. .. .............. .. ... . ... .. . . . ..... .. GOMF!'IANY 102 M FF 94DW . . . . ....... . ............. "OFPlCIAL. NOTARY SEAL" STAMP in .. .. .............. .. ... . ... .. . . . ..... .. GOMF!'IANY 102 CONFIRMATION OF MIN01117Y OVINED BUISINESS A requested form to be made a part of our files for future use and information, Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. .. .. . .. .. ... ...... .. Is your company a Minority Owned Business? ........... ... .......... Yes '140 if Yes, Please indicate by an "X" in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER..... ..... ..... ..... ... (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? . . . . . . ........ . .... . YES NO If YES, Name the Organization from which this certification was obtained and data: . ......... . ..... ..... ... ... ..... ............................ lSSUlng Organization for Ceftificadoin ... .... .... ate of �,erfifitabon INARM41; � J, 103 CONFIRMATION OF DRUG-FREEANORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal With respect to price, quality, and service are received by the City of 2SI'll, I, I'll I'll "I - ii of commodities or contractual s es that it has implemented a drug-free ward process. Established procedures for p tied vendors have a drug-free workplace p ram, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 04f:.) Inform employees about the dangers of drug abuse in the workplace, the businesss policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for A rug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I eeirt4y that M, is firin conniplies fully mfilth the above requirements. —A -P, WD ........................... . .. .. .. .. ...... ... — -, a r 111 r's ig r'a4,Pr&,"' I ''i Ifir, f0ifflAMMM14129 Am=, 111#21M 104 LM B E m ° i (9F QUISFTY INSPECTOR GENERAL ACKNOWLEDGIMEN"'I The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance this contract, and in furtherance thereof may demand and obtain ► ds and testimony from the Contractor and its subcontractors and lower tier M consequencesThe contractor understands and agrees that in addition to all other remedies and a cooperatectors or lower tier subcontractors to fully M' termination.may be deemed by the municipality to be a material breach of this contract justifying its CON1"RA('119"T'OR NAME {date; AN WIMMAN 0 105 C9.1"Y OF BOYNTON REACH �LOCAL BUSINESS vrxrus CERTIFICANION pg Of the -------- .." ----------- ------- ............ . .... . . . . ....................... (Nlarnc�-�, of officer of company) (Title of officer �c.,�f (,,,,onlpany) located a,t ................. 3 A C dress (Marne Corporati'on/Cornpany) (Busi- - , �C( Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to The a loical business for purposes of the City of Boynton Beach Local Preference Program, Answeii1ng yes to Quesfion, 1 and Quesfion 2 below will quality the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS:_L —1-L -2- T, .. t Is t ............... 9 YES wNin he G IWt he business located it Number of Years,: of Boynton each, Florida? .. . Z. . . . . . . . ............ . Does the Business have a busir"is r i)�, NO Bus4 -)ess License receipt issued in the current year? Numbeir: IC r- <: -n! business r stered vilith the %ifd is he -egL a N 0 'OF Divisiolini of Corporations? I understand that misrepresentation of any facts in connection luvith th�ls request irnay be cause for removal from the cered local business list. I Mso agrem that fi-ie business is requked to notify the City in writing should it cease to qualify as a local busirie, . It--" �P., ,�, Signature: ......... ............. . ................ . . Pdnt Name: L�-11_ 1 7 ***F01PZ PURCHASING USE 0Nl,..r** Business License year Established- Active, Verified.......... .............. - . ............... Date: . ........... .,_ ............ __ IN 106 SI' 287.135 on be If of ,, certify I . .......ry �w..d�, ...,.... Printw► Title Company Company Name 1. Participate in a boycott of Israel, and . is not on the Scrutinized Companies that Boycott Israel List; and Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and . Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuantr FWda Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contradrig with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of M« to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City If the company is found to have submitted 33 107 a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. d� . ............ COMPANY NAME G NAT lllR E PRINT NAME > . . ............ Tl' LE T14E REMAINDER OF THE IIIIS IN'"T'EINTIONA1 LY LEFT BLAUK. W 108 STATEMENT OF NO &1') If you are not bidding this service/commodity, please complete and return this form by PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 10 1, Boynton Beach,FL 33426 Failure to respond may result in deletion of vendor's name from the,/'uallfled bidder's .q list for the City of Boynton Beach. COMPANY NAME: ADDRESS: . ................... TELEPHONE: .............. SIGNATURE: ............. . ............. DATE: WE, the undersigned have declined to PREVENTION DEVICE INSPECTION, following reasons: Specifications too (explain below) me to respond to the Invitation to II1,4d Ter this product or an equivalent schedule would not permit us to perro urn able to meet specifications --;//Unable to meet bond requirements 194 ht", i.e., geared toward brand or manufacturer only . ........... .......... Insufficient M Specifications unclear (explain below) Other (specify below) IR 109 .� UNEINC-42 DATE (MIM ER TIFF F � I I w ,,.... 011012018 ............_,...___. ._..... ...._�,__.w........ ____� ISSUED TIµ _ _ �' THIS `�"If �� nL��ll� � p'�t �MATTER, fi UUp°II� Ili„'� '�' 6�� UNtUW@^p �YU�'ft�10� °p"6�� "�” lht��"p "G"U 9E', "p FICA Ud �EE'p "p p L % MV�a�UNdEIND, 6 � D R LTE ' COVERAGE FY TH POLICIES BELOW. �"p°t U�''N P"�p�VEDOES �"�'p �" p'pi....IOp"___,�___� �ul�Utip �' UE), be end � D. E RESEW °TIdl ODij E U 1.14 r Eou � uuEpi CONSTITUTE ,,,,, ,,..�__�� u t h ADDITIONAL INS URE p 18 CT Urm p EE k THE p ____ d. p'p�'1T"T: if 'A�ro+r� ppdu�w p au�a ADDITIONAL py(n � ) mp'nr a�u If SUBROGA"noit IS WAIVED, subject to the and o policy, ppcies may U re �u a pragrr& vn dTU P u d T Tp eIOU I � ....... u 9.�0 !4! IOU u" m Pplorjucglq ggKA561:) 8168,4291 tnukIUtu, n�nuuiu .. 730 _............... M..p....�....� ®_ 23 wmOR ...................".................. b 10 .... , Juurn6Uh Tw gyp,,.33477 $NSURENSI AFFORDING..._w ua&G ........... p��9�..�'...... Line -Tec, Inc. 241 111W Ift Avenue i)obay l% FL 334" -_... _-__....... "6" TUE is To CERTIFY TI -W- 11% POLICIES OF WSURANGE. U l TED BELOW RAVE BEIG 914 WSLIED TO11 6E: 6U SU RED NAMED ABOVE FOR TUiE POLKY PERIOD INDICATED, NOT1AITT --iST" 661 G ANY REQUiREMENT, TERM OR CONNTION OF A14Y rZNTU'tArT OR OTHER DOCUMENT VTWCTH RE PET,PT T' dT CH "TIIf6 LRTUV"➢ITS"TE MAY BE 18ro UEI oil MAY K',.R1WUNU„ THE WSURANCE AFFORDED BY 114E'. P'L 0EE DESCRIBED HERON IS SUUP, F-.C7r M"O ALL. TI i E ll.-, VA , r Yr.11 Q ISMNS AND wi6nioNsE SUCH POLO UE . LIMITS 1°6C_ UI W'EN REDUCED BY PAI CLA....I.M..; ...._ ...._............._. ............_. UE Ti U N n� a�aann U bu�mz U W IN& I __.. 4j---I _1101011201'9 UW AL n n 'U"W LAIMS NSE occu R �I 010 t�u4TU�T Up°pd I t d t d1 U„TEV' ,.'°.., 4VUfVESPM POU AU TOMORI.A"'T„UApU LIn"N Odd dd d 1010112018 1 MIN ALM AW6ITB�50N LY �qUT� y 4 n�"f8h LV` . o 4'7dti�I I u(UWAL--&Il A JAS OCCUR ........... ... �. �TU�TT WNP � 101011 0,1 ANY P$& O u*':G` JPAIRTUW'I�:�dVr.rI.,N'UGWE': ! j N r, � N EXCLUI fi Q u.AKuuTS '1001 TAT OPERA �� E LW, ATOMJ VEHICLES (ACOW 101 A dlifl nal �ros�% . MR be dUdw Uf M, *r* W a�a�aaUawmdq n UT pd IT p Indo an ddptionol uumT for ongoingand a uuupup t ns on th 61 UV Ttttt per fornT 5=73 and auto Nubility to mm by w*91 lu conftact, General Wbwfitom'Uwrary and u'noTu UTutoTy when required by wiftit conbwaL Walver of subroqatkm APPROSOW into, workers compsImdonn required by wrftn cont - act CancelkMon apsgift as Pon" Pdfl ;f team" & condwons. city of Swiftn Beach I:110 Box 310 soynwn Beach. FL 3342$ ACORD 25 6103) SHOULD ANY OF THE ABOVE D 1 IK” POL90ES 8S CANCELLED BEFORE 1n4E E TToN DATF111CREOF, NOTICE E: UE'UUL BE DE LAffi ED 16'11 ACCORDANCE WITH THE ILU YRWASI NS- AVTUHORME-0 WREW(TA"r WE The ACORD nameand 11090 arar99LSter9d rrjarM ofACORD 110 111 Np MCK SC07r,GOVERNOR JONATHAN ZACHEK SECRETARY (WOW, psm' kn SMATIE OF IIFLORIDA DEPARTMENT OF BUSINESS, A110FESSIOIINAL REGU111LATION COI,NSTRUCT'101114 IN.DUSTRY4 ICENSING BOARD "fN M tERT-tki:b UNDERTHE Tiis:, 17LUMBING COI�TKACJDR H ERE 7 -ORIDA STATUTES PR0VN0N$b' CHAPTER 489, Fl ELLSWORT-HSCOTTA LINETECINC 241 NW'16TH AVE K-33444 DELIRAY, LICIENSENIUMBEW F' ,27752 1110N DKlM.- AUGUST 31, 2020 Always verify licenses online at MyRoridal-lcensexom Do not alter this document in any forrn,� This is your license. it is unlawful for anyone other than the licensee to use this document 112 RICK SCUT �"', GOVERNOFI STATE OF FLORIDA DEP)ARTS ENT OF BUS11NESSANDPROFESSIONAL REGU11 A CONs'muc7`16N I N DUST. kYLICENSING BOARD 1"HIFUNDERGROU ND IUTILI"ry&F-XCAVATION' COt-i�IEREINI>�uS CERTIFIIE[") UNDERTHE PROVISIONS OF CHAKE R 4-89,,FLO RIDAISTATUT ES LLL SWORI H, SCOTT .'A LINE'll"EC INC 2,41 NW 18TH AVE — DE.ILR/W BEACH, P -loo, 33444 66`01`51'7105 Always verify licenses online at MyFloridaVlcensexom Do not alter this document in any form. This is your license, it is unlawful for anyone other than the licensee to use this document. 113 SCOTT BUSINESS LOCATION: M TH AVE' mgmaxAm agm ., becomesNotice: Als business tax receipt DATE ISSUED: 9/07/18 'T Ulu Utl L ILI i IES & EXCAV 61/ CONTROLRECEIPT NO 19 00038598 NO 125040 TET L AMOUNT PAID- BUMNESS TAX, RECEIPT MSUED FOR THE PEMOD oaosER 12018 TO SEPTEMBER 3o 2D19 BUSINESS TAX% RECEIPTKUST BE C014SPICUOUSLY DISPLAYED TO PUBLIC VIEW ATBUSINESS OC "II I iii w CITY � DELRAY BEACH BUSINESS TAX RECEIPT INFORMATION Please econspicuouslycurrent hw.ss tax receipt so at it isable to be viewed by anyone upon entering your place business. of * This business tax receipt re resents proof of M ment of your business tax fee for th period October I to Sept=ler 30. Continuous �Icensure can be an important asset f certain business users; please exercise diligence in maintaining this business,tax receip * Once you have obtained a Defray B' notice each I year 30 to 60 i expirations before the receipt Please check wreceipt information and if there is an errreport it to us immediately. The City may impose fines and penalties for failure to renethis business tax receipt. I changeIf you application for the change and pay a $16.76 transfer fee. The business tax receipt must surrenderedbe prior to issuance' Signed and dated by the revious owner and indicated that 8,ill rights, interest, and title of .the business is assigned �(o the new owner. If you have more than one business location, you must obtain a business tax receipt for eachlocation. separate business tax receipt is issued for each use perforrhedwithlr� your business. Pleaseh with if- you have an questions regarding the I ifs tion of your business by vi itin us at 100 1 st A M, our \Arabins at MyDeirayBeach.com, or calling Lis at (1 j9,43-7203 ext.4. 'r "3 2001 114 'h�'.N UIIIIIIUtl` �U..w�, W +rtc kap. III 1 t 115 w IM Iw aG �d "" w, U, III 1 t 115 UUM57�TUTIONAL TAX COLLECTOR SOM198 Serving TYPE OF suvmwS kid 23-00M PLUMBING COMMAC 10R www.pbcbmcorn Tel: (561) 355-2264 241 NW 18TH AVE DELRAY BEACH, FL 33444-0000 --T '07'ZA7 . ..... PA R, �' � —F� TF ID AAA7 Pzi; ga-77, EIJAAWOR'n-f Warr CFC1427752 IU 183120821 -71=11MMI 8 ""1 ................. —62777 .. ......... -- .................... . .... . .......... I — ------ 7'ft docurnent is vd oNy whenreceiote:by #hs Tax Oolbubofs offirm. STATE OFFLOR11DA, FIALM BEACH COUN"IrY 201812019 LOCAL BUSINESSTAX RECEIP' LINE -rF-.0 INC LBTR Number: 2009133,14 TI:11 LINE X, INC,' EXPURES: SEPTEMBER 30, 2019 241 POW 18TH AVE, DELRAY BEAC4i Ft4'j,3444-1683 Tbis recelpt, grwftthe privilege of engaging In or frimisging arwy business profession or occupeff, n MV ...... P-0. S,0x3,353,WestPWMBe60h, FL 2-335 *'LOCNTED Xr*w AN N E M. Tsir wwwpbdmcorn Tel: (561) 355- ta1; 2264 241 NW 18TH AVE Sorvingyouj DELRAY BEACH, FL 33444-OGOG TYPE OF wsvNL-�ss 2-3-01 DS CW PLUMBING CoN7 mim teo 41/tip "rex cone r` ofpcp 1.104E'TEC INC LINE TEC INC 241 POW I aTli AVE Df-"1RK,( BEACH, FL 33444-1683 tv. .. ... .. . . . . . .......... . ... .. =—" , � $264, CFC142M.'�' Ul 616=21 orrvlls iZ;2 �74 ........... ... STATE OF FLORIDA FIALM BEACH COUN'r( 2-662 201812019 WcAi � BUSINESSTAX RECEIP1, izm Number: 200913315 C-'XP1FtES: SEPTEMBER 30, 2019 ThIS tecelpf grantsthe pffielhV..e of enpoog in or MwMG!r19 8nY Mllslnfts Profession or m,.TtqjrjVorj .A . . ........ ....... ........ NNE M. GAN"'NON ..... . . ...... CONSTITUMNAL TAX COLILECTOR so,uhw Palm Btach county Serving yau. wN VPE OF MANESS 23-0W UNDYERGROUND U71,11 Y& EXCAVATIOA-Atl � �, ---, —9- r8frn meach, F'L 3,3402-3353 —r OCATEE'D AT** Www-PbM8XG'a-JM Tett' (561) 3554R264 241 NW 18TH AVE DEL RAY BEACH, FL 33444-0000 -.- , -- ---7- , BU 0 OWNER ..... . uue To1q.- PECi.1FT70ZTF7PA1D7 . . . ...................... EL"WN09rM SCOTT U18-62,0521-07MIJIS I IWAO 'rills dociament is vs id aurallyWhOrl NMDiPted by the Tax Coll tor' Offloe. --- - --- sTA"rF.,-, OF FL ORIDA PALM ,15Ci CLIN'TY . 2-681 2018r211D19 LOCAL BUSINESS TAX RECEIPT LINE TEC INC LBTR Number: 200702661 LINE TE -C WC 241 MAI I 8TI-1 AVE, EXF11RES!, SEPTEMBER 0, 2019 ...ANNE .�............ ON P-0. Box 3353, West Palm Beach, FL3341-3353' "L0CATED A7r** <a sMGAm CONSTITUTIONALTAX. OOLLECTOR wNw.rib nex.com Tel: 11561 1355-2264 Straf ng Palm Beach Ca wity . Servingyfiu. - Z11—pe 2f CM UNDO 2111NIR . __f CMIMA110 __2!,g KXFTHSCOTW. ' ....... CUF47,-1-105 TNs dowment is vapid only whan rerAipted by Ie Tax CoPector's Office, LINE TEC INC LINE TECINC 241 NW1 STH AVE DELRAY BEACH, FL 33444-1683 ANrf PA,Q a � LL 21 � ............ 0702IVO � 3401 210 Sr'rA7'F OF FLORIDA PALM BEACH COUNTY 2018/2019 LOCAL BUSINESS TAX RECEIPT' "119 L.BTR Nuinbeir: 2008192,J! ` EXPIRES: SEPTEMBER, 30, 2019 116 M; POEM"' L Professional Underground Utfity Contractor Service Industry Employee Safety Manual Line . ...... IiecruINC. Ain Employee Guide tO Safety Pofties & Procedures W SuIpport a Safety-ConsciouS Work Environment iTAT41 W IIIIIIIIII - I I, MI These materials a , resented, therefore, with the unde nding that Me Uompan is no other professional se 1 . if legal advice or other expert assistance is required, the services of a competent professional should be sought. 117 0 President Risk Manager 118 Table of Contents i=mid r��r"7rJ ��T ,�di'i .�amm,eaaaa.wamwwam,aawaaaw��rvw,w •• �,y x wp ry ( m*w, owo w�Wmme .wwwremxwm..w««ww:m+ µuh"�'"v E.I Way? y�:'yy mwa wmo�oomm��wo,o o.mw woom o. orw �wwo ww� LLE muuw worw 3 Ulph w,..,r�. L. 4-5 uwum g Y nw '* 4 ✓•"wawumu.0 uwmwswmmwuummioi Ery ii..wwmenrvwm .i, ^4�p,, p p. oimmmmm uwwww iwwwww tataumm yi""` .J G % ry+.r+,��,m� �y �� ^D �, �m F� awawww uuu mmarmrvmm ui.�l. muu."mm 2 �.�i ��^ u1 m uwio iow .www mm wmmawumsmwiom '"'" a w000ww aoi..mmm'.. �. iiiewwwm urwww "wu `...K�__.�"� 1 w .mwww wmmwa EQ�w.awmaarvmma m«rv..m 14 MyeD Q � atl� �� d� A I „"� ��,.: i� ��^ �� ,�....'� !1P... � w o o,aw w w .o. o�oumw. N M 4 M ',4 i of of wm ww o / ,r^* ry q III 1 8 'A 1 2-26 4.9 ^�,:, re^ ' h I i w Illi N �rvJ a' Rte., N,_ f?,w d P r �,.,J,^'a 6�'R 7,�1� 27 119 Ernrob oyee Safety Responsibilities 12,10,12,1111V T011 The primary responsibility of the employees of Line -Tec, INC. is to perform his or her duties in a safe manner in order to prevent injury to themselves and others. As a condition of employment, employees MUST become familiar with, observe, and obey Une-Tec, INC.s relearn the les and established policies for health, safety, and preventing injuries while at worIc Additionally, employees MUST approved safe practices and procedures that apply to their work. Before beginning special work or new assignments, anemployee should review applicable and appropriate safety rules® If an employee has any u qestons about how a task should be done safely, he or she is under instruction NOT to begin the task until he or sheidiscusses the situation with his or her supervisor. Together, they will determine the safe way to do the job. Is or her supervisor, an employee still has questions or concerns, he or she If, after discussing a safety situation with h is required to contact the Safety Coordinator. NO EmpLOVEE ZS EVER REQUZRED to perform work that he or she believes is unsafe, or that he or she thinks is likely to cause injury or a health risk to themselves or others. fieMeM1_ftf_qM3AN Conduct Horseplay, 'practical jokes,' etc., are forbidden. Employees are required to work in an injury -free manner displaying re accepted levels of behavior. Conduct that places the employee or others at risk, or which threatens or intimidates others, is forbidden. Drugs and Alcohol time are forbidden. Reporting Use and/or possession of illegal drugs or alcohol on company property or on company for work while under the influence of illegal drugs or alcohol is forbidden. Housekeeping s throughout the day, disposing of You are responsible to keep your work area clean and safe. Clean-up several time trash and waste in approved containers, wiping up any drips/spills immediately, and putting equipment and tools away as you are finished with them. The following areas must remain clear of obstructions: • Aisles/exits equipment • Fire extinguishers and emergency • All electrical breakers, controls, and switches Injury Reporting All work-related injuries must be reported to your supervisor immediately. Fajiure to immediately report injuries can result in loss of Workers' Compensation benefits. After each medical appointment resulting from a work-related injury, you must contact your supervisor to discuss your progress. You must also give your supervisor any paperwork that you received at the appointmenteturn to Work (light duty) jobs for persons injured at work. Transitional work Line -Tec, INC. provides Transitional R is meant to allow the injured or Ill employee to heal under a doctor's care while she/he remains productive. Employees are required to return to work immediately upon release. 120 Employee Safety Responsibilities Off-site an Employees of Lire -Tec, INC. are required to follow, all off-site safety and security procedures during client visits, . if your client host does not advise you regarding safety hazards consider the following: o Emergency exit location(s); • Keep your eye on the path you are walking and avoid any tripping/slipping hazards, When on stairs maintain three point contact (hand on rail and feet on stairs); u When visiting construction sites, eye protection, hearing protection, and hard hats are required. This equipment wrtil be in the possession of the Line -Tec, INC. employee and not provided by the client • Wear shoes that support your feet and are slip resistant. • Avoid clothing that is either constrictive or too loose; loose clothing be get caught in machinery or other equipment. These rules are established to help you stay safe and injury free. Violation of the above rules, or conduct that does not meet minimum accepted work standards, may result in discipline, up to and including discharge. When working at different locations, employees are required to follow, the above rules, as well as all location rules and procedures, and work in a manner that reflects positively on the companym afore operating any equipment at a customer location, permission must first be secured from the customer contact. 121 Safety Orientation Training related orientation anti training for eat all The company is committed to providing safety and health ort a program to educate and familiarallimzeployees employees with levels of the Company, The Company will maintain and supp safety and health procedures, rules, and safe work practices. The training subjects and materials have been developed using industry best practices criteria and site-specific data, The training may include, but not be limited to the following, 1. Company specific accident and incident data 2Hazards associated with the work area 3Hazards associated with a specific job or task 4operation of specific equipment 5. Personal protective equipment 6. Emergency procedures 7. Employee accident reporting requirements 8. Return to work program 9Any OSHA required training not included or addressed above Peelodic Inspiections y that workplaces are subject to periodic safety and health inspections to ensure it is the policy of our Compan s and procedures as relates to employees, contractors, and vendors implementation and execution of our policie All employees are responsible for cooperating during these inspections and managers and supervisors are responsible for initiating corrective actions to improve items discovered during the walk-through inspection. 'Incident RePorting injury must be reported immediately to your supervisor, Job Site Foreman 1. Any work-related injury or suspected ini al I in and to Human Resources . An Incident form must be completed, Failure to promptly report an injury m y result disciplinary action. 2Human Resources will issue a file/claim for the injured employee to take to the treating medical practitioner. The employee must return this form to Human Resources by the next business day� 3. After each practitioner appointment, the employee must report to his/her supervisor and Human Resources to review his/her progress, 4. Line -Tec, INC. provides light duty work for employees recovering from injury. Employees are required to return to light duty work immediately upon release. 5. An accident investigation will be conducted'to determine the root cause of the accident. The injured employee will be asked to participate in the investigation. Page 122 ilt is our goal to Prevent work-related injuries from happening. We are always concerned when one of our employees is injured or M due to a work-related conditiom We believe that such absences cost both Une-Tech, INCand its employees. We want our injured employees to get the best possible medical treatment immediately to assure the earliest possible recovery and return to work. pioyees who have suffered work-related Une-Tech, INC. has a workers' compensation program available for em guidelines, whether you are eligible for wage injuries. The program's administrator will determine, based upon their loss or medical expenses under that program, Une-Tech, INC. wants to provide meaningful work activity for all employees who become unable to perform all, or portions, of their regular work assignment. Thus, we have implemented a Return to Work program, which includes transitional or light duty work. The Return to Work program is temporary, not to exceed six months. Page '7 123 Emergency Action Ran Genewal Orneirgeracy GUIdelline-45 * Stay calm and think through your actions * Know the emergency numbers: * Fire/police/Ambulance 911 * Internal Emergency Number 561-279-102 0 Human Resources extension 207 • Know where the exits are located • In the event of any emergency, do not take elevators, use the stairs • Do not hesitate to call or alert others if you believe that an emergency is occurring, you will not 'get in trouble." First aid supplies and emergency equipment are located break -room and all trucks for use by those who are • authorized and properly trained EvaWat!On larm system or by a paged announcement. Employees will be notified of a fire alarm either by the fire a Upon becoming aware of a fire alarm, employees should immediately evacuate the job site. Do not delay evacuation to get personal belongings or to wait for co-workers. Also, all doors should be closed as the last person passes through. e the area. Check the job site to be sure that ai I personnel Supervisors should be the last persons to leav have evacuated. visual, hearing, or other condition, which may hinder them from becoming Any employee having mobility, aware of an emergency or evacuatin, shuld aa request special ssistnce through Human Resources I o . Upon,exiting the building, all personnel should report for a headcount. If any employee is missing, an immediate report should be made to the incident commander who will in turn report to the first available fire department officer. Employees should stay together in a group so that periodic updates on the situation can be issued. The order to re -occupy a job site or building will be issued by the incident commander. In the event of inclement weather, the incident commander will make arrangements for all personnel to move to shelter. Fire SafetY Alert other persons in the immediate hazard area. Activate a fire alarm or call [insert name] to page an emergency announcement. If you have been trained, you can decide to use a fire extinguisher following these instructions: -P=Pull the safety pin -A=A:im the nozzle at the base of the fire -S=Squeeze the operating lever -=Sweep side to side covering the base of the fire *When using a fire extinguisher always stay between the fire and an it; stay tow and back away when the fire is extinguished. 5 s oky or you are frightened, *Never reel that using a fire extinguisher is required. If the fire i too hot too m evacuaM Have someone notify the incident commander of where the emergency is located. He/she will relay this information to the fire department. EM 124 Emergency Action Plan Medlcal,�Emergency z Upon discovering a medical emergency, call 911. Notify the supervisor and report the nature of the medical emergency and location. Stay with the person involved being careful not to come in contact with any bodily fluids Send two persons (greeters) to the entrance to await the fire department. One person should call and hold an elevator car. Often two fire department units will arrive, so the second greeter should wait at the entrance to receive the second unit while the first greeter escorts the fire dept. personnel to the scene. Employees in the immediate vicinity of the emergency, but not directly involved, should leave the area, Human Resources will make any necessary notifications to family members of the person suffering the medical emergency gevere Weather eather report is issued, she/he will immediately The supervisor will monitor a weather alert radio. if a severe w epeated three times). page the following announcement: [insert announcement]. (This announcement will be r Employees will Shut down all equipment and will be instructed where to go for safetyThe supervisor will take the weather radio with her/hlmWhen the severe weather warning is cancelled, she/he will send runners to advise that it is safe to return to work areas. A general announcement will also be made. SM, 125 Emergency Contarft Information cl-,", FIRE DEPARTMENT- r Iaeml,t Fimm, Rescue TELEPHONE: (561) 243-7400 POLICE DEPARTMENT: Delray I iia III,)ejjpaTtm6nt (Nosi, Emwrqencyl TELEPHO HE., (561) 243-7800 EKILFRGENCY MEDICAIII,ry SERVICES (AMBULANCE) TELEPHONE: 911 HOSPITAL: Delray Medical center 5352 Linton Boulevaud, Delray Beach TELEPHONE' (.561) 498-4440 A Em 126 The Company does not tolerate harassment of our job applicants, employees, clients, guests, vendors, customers, or persons doing business With us. Any form of harassment related to an employee's race, color, sex, religion, national origin, age, citizenship status, veteran status, or handicap is a violation of this policy and will be treated as a the term harassment includes, but is not limited to, slurs, jokes, or other disciplinary matter. For these purposes, origin; sexual verbal, graphic, or physical conduct relating to an individual's race, color, sex, religion, or national advances; requests for sexual favors and other verbal, graphic, or physical conduct of a sexual nature Violation of this policy by an employee shall subject that employee to disciplinary action, up to and including immediate discharge. Examples of conduct prohibited by this policy include but are not limited to: * Unwelcome sexual flirtation, advances, or propositions; * Verbal comments related to an individual's age, race, gender, color, religion, national origin, disability, or sexual orientation; or his/her appearance; Explicit or degrading verbal comments about another individual The display of sexually suggestive pictures or objects in any workplace location including transmission or display via computer; Any sexually offensive or abusive physical conduct; The taking of or the refusal to take any personnel action based on an employee's submission to or referral of sexual overtures, and Displaying cartoons or telling jokes that relate to an individual's age, race, gender, color, religion, national origin, disability, or sexual orientation. also be a violation of this policy, Harassment of our employees in connection with their work by non -employees may if you believe that you are being subjected to workplace harassment, you should, L Tell the harasser that his or her actions are not welcome and they must stOP, if you feel comfortable enough to do so. . Report the incl nt immediately to your anage r, the Human Resources Manager, or the Employee Relations 2deM Department. , 3. Report any additional incidents that may occur to one of the above resources. Retaliation of any kind against an employee who reports a suspected incident of sexual harassment is prohibited. An employee who violates this policy or retaliates against an employee in any way will be subject to disciplinary action up to and including termination. Page 11, 127 lence Workplace VMy employeed immediately report their concern to the Any supervisor and to Human Resources. threatening behavior or making ening statements, the person If iting the »� p os b -. M ♦ dµ notifyo discovering the situation , person others in away from the threatening behavior. Depending upon the level of concern, the police department] confrontNever attempt to M gthreateningbehavior if you have reason to believe that events in your personal life could result in acts of violence occurring at work, you Resources are urged to confidentially discuss the issue with Human Page 1,2. 128 Access �to Employee Exposure PA Medical Records re�>u.�.,P, .. ,, � ,,,.o�i,�u✓f%,,.�mrar�✓�eeli(�lrtl(�'� �'� Employees and former epioyee, who are, have been, or wilt be exposed to toxic substances or harmful physical agents, such as noise, can have access to exposure and medical records maintained by the company upon request, Page g .'; 129 Vehicle Use Policy To: All drivers of Line -Tec, INC. Effective: 01/01/12 This policy applies to: C — Vehicles owned, leased, or rented to Line -Tec, IN— employees on behalf of Line -Tec, INC.- — Personally owned vehicles driven by The following policy has been established to encourage safe operation of vehicles, and to clarify insurance issues relating to drivers and Line -Tec, INC... All drivers must have a valid driver's license. be suspended or terminated if your Motor Vehicle Records will be checked periodically. Driving privileges may record indicates an unacceptable number of accidents or violations. Should your record fall into our insurance carriers guidelines of an, 'unacceptable driver,your employment may be terminated. Your supervisor must be notified of any change in your license status or driving record. When operating your own vehicle for Line -Tec, INC. business: * Your Personal Auto Liability insurance is the primary payer. Line -Tee, IN .`s insurance is in excess of your coverage. Line -Tec, Iii.� inot responsible for any physical damage to your vehicle. you must carry your own collision * Cs and comprehensive coverage. reimbursement. * Report your mileage for expense re • Take necessary steps to protect the lives of yourself and others. • Comply with police instructions. • Do not assume or admit fault. Others will determine liability and negligence after thorough investigation, • Report the accident to Llne-Tec, INC. as soon as possible. By signing this document you are agreeing that you have read and understood the Vehicle Use policy, and will comply with it. Employee's Signature . ........ --- ........... . . . . . ........... ---- . ..... Date Page 1. 4, 130 e Motor Vehicle Recor,"d (MVR) Gradng Critei i a I ast 3 Years Motor 'Vehicle oY. d (MVR). Anemployee �a,,b s:: ��ir ;v, u� d,� i The following chaff sea guideline for evaluating anemployee's r�r Wltl1 an MVR grade of poor" will possibly not be insurable by our insurance carrier and could jeopardize their employment if they are unable to be insured. Bots that any i' ajorol violation Is a "poser" score, Number of at -fault accidents .moo...r Vio4dons ..._m t ll d te oo_ r .. ._.. L Iautr¢° �» = Poo abe nnrrr rn _ rr lur�Poowdorlrnor Poo r Poor Grrrr Any Major vWadon . IMinor violation dilI rroo iu vwations not listed as a r na,lor violation, Driving ander IrnfluWu noe of alcohol/drugs Failure to op/r` port an accident Reckless driving/speeding contest Driving wt1ile it npalr d Making a false accident report 0 Homclde, manslaughter or assault arl ing out of the use of a vehicle Driving while license is au parndad/iravok d Careless driving a tt u�Pti nu tO bund , c»9ic�wofficer W.. .ww__..... Page 15 131 OSHA Compliance Prcgrarns Haxai-d Cmmmunicad011 0 17,17, MEWAMM 1. All Line -Tec, INCemployees have a right to know what chemicals they work with, what the hazards are, and how to handle them safely, 2. Material Safety Data Sheets (MS S) are documents provided by the supplier of a chemical, MSDthe S eta the chemical contents, associated hazards, and general safe handling guidelines. At Lane-Tec,ne-Tec, INC., collection is located at [insert location]. Employees are free to utilize the MSDS as needed, 3, General rules for handling chemicals in an office environment are; * Read all label warnings and instructions, * Follow instructions for quantity. More is not better. protect your skin and keep your face * Minimize contact with chemicals. Use double layer cloths or gloves to pro clear of the area to reduce inhalation. * Always wash your hands after handling chemicals. * If a chemical enters your eye(s) immediately hold open the injured eye(s) and rinse it/them with clean, cool water for 15 minutes. Then be sure to report the injury lmmediately. * Any questions or concerns regarding chemicals should be reported to your Job Site Manager and Human Resources, 4, All chemical containers must be labeled to identify contents and hazards. Most labels use numbers to rank the hazard level in three important areas: FIRE (red background color) ® will the material burn? HEALTH (blue background) - is the material dangerous to my body? REACTIVITY (yellow background) - is the material dangerously unstable? After each hazard (Fire, Health, and Reactivity), a number from 1-4 will be assigned. The number reflects the degree (or amount) of hazard: -0 Minimal oloodborne Pathogens 1. Blood and other bodily fluids can carry pathogens, which are capable of causing diseases in others. This includes HIV, which leads to AIDS and hepatitis. 2. Because we cannot tell by looking at a person if they are infected with a pathogenic disease, we must take precautions following an illness or injury when bodily fluids are released, 3, In the event of a person losing bodily fluids, stay away from the area and warn others to also do so. You can still stay close to the ill/injured person to support him/her, just be sure to stay Out of contact any bodily fluids. 4. In the event that you find spilled bodily fluids, a syringe, or other medically contaminated materials, do not attempt clean up by yourself. Call Human Resources immediately for instructions. Peirsonal PratectivS equipment (PPE) Inspect PPE prior to each use, Do not use damaged PPE. You are required to maintain and keep PPE clean. ME= 132 Fire Prevention & Eectr'ical Safd"Y Fire Preventiori i. Smoking is only allowed in designated exterior smoking areas. candles or open flames are allowed within the office facility. 3. Contractors performing hot work must contact Scott for approval. 5. Only e heaters provide ed by thcompany are appe roved for uswithin the fae cility, Employes using a spc space heaters are responsible to turn the heater off when leaving their desk for extended periods of time (lunch, end of the workday, etc.). flammable chemicals are allowed inside the building at any time. If you feel that there is a work-related need to use a flammable chemical, contact the supervisor for guidance on Hazard Communication and fire safety. 7. Only trained and authorized employees are allowed to use a portable fire extinguisher in the event of an emergency. Electrical SafetY 1, With the exception of independently fused multi -tap cords for computers, extension cords are not allowed. 2. Keep electric cords out of areas where they will be damaged by stepping on or kicking them. 3, Turn electrical appliances off with the switch, not by pulling out the plug. 4Turn all appliances off before leaving for the day. 5. Never run cords under rugs or other floor coverings. 6Any electrical problems should be reported immediately. 7® The following areas must remain clear and unobstructed at all times: • exit doors, • aisles, • electrical panels, and • Fire extlnguishers« Page 17 133 General Safety Pre -cautions . ... .. .. ..... . _ � . g2 , Liffis'19 1. Plan the move before lifting; ensure that you have an unobstructed pathway. 2Test the weight of the load before lifting by pushing the load along its resting surface. pallet jacks and carts, 3, if the load is too heavy or bulky, use lifting and carrying aids such as hand trucks, dallies, or get assistance from a co-worker. communicate your movements with those of your co - 4. If assistance is required to perfbrTn a lift, coordinate and Comm worker. front of the other. 5. Position your feet .6 to 12 inches apart with one foot slightly in fro 6. Face the load. 7. Bend at the knees, not at the back. 8. Keep your back straight. fingers? Use handles when they are present. 9 Get a firm grip on the object using your hands and 10. Hold the object as close to your body as possible. 11. While keeping the weight of the load in your legs, stand to an erect position. 12, Perform lifting movements smoothly and gradually; do not jerk the load. 13. if you must change direction while lifting or carrying the load, pivot your feet and turn your entire body. Do not twist at the Waist. 14. Set down objects in the same manner as you picked them up, except in reverse. 15. Do not lift an object from the floor to a level above your waist in one motion. Set the load down on a table or bench and then adjust your grip before lifting it higher. 16. Never lift anything if your hands are greasy or wet. rears or jagged edges. 17. Wear protective gloves when lifting objects that have sharp corn 134 General Safety Preca. utions _7 ... .. .... .. . i4oiliseke epirig 1m Do not place materials such as boxes or trash in walkways and passageways. 2. Sweep up shavings from around equipment such as drill presses, lathes or planers by using a broom and a dust pan. 3. Mop up water around drinking fountains, drink dispensing machines and ice machines immediately. 4. Do not store or leave items on stairways. 5. Do not block or obstruct stairwells, its or accesses to safety and emergency equipment such as fire extinguishers or fire alarms. & Do not block the walking surfaces of elevated working platforms, such as scaffolds, with tools or materials that are not being used. 7. Straighten or remove rugs and mats that do not lie at on the floor. & Remove protruding nails or bend them down into the lumber by using a claw hammer. 9. Return tools to their storage places• after using them. 10. Do not use gasoline for cleaning purposes. 11. Use caution signs or cones to barricade slippery areas such as freshly mopped floors, 135 Job -Specific Safety PrecaUtions office Safety 1. Do not work on arty computer, typewriter, or other electrical office machines if your hands are wet, nor while standing on damp floors. 2. Never use carbon tetrachloride for typewriter cleaning. edges of desks or tables. 3. Do not mount pencil sharpeners so that they protrude beyond the 4. Do not stand on a swivel chair. 5. Do not raise the seats on swivel chairs beyond the point where your feet can touch the floor. 6Do not compact material in the waste basket with your hands or your feet, 7. Do not use cardboard boxes as waste receptacles 8. Do not leave file drawers open; always use the handles to close them. 9. Do not stack file catiinets, on top of one another. 10. Open one file cabinet drawer at a time. 11. Put heavy files in the bottom drawers of file cabinets. Stc,wercovin/stiockroom 1, Stack heavy or bulky storage containers on middle and lower shelves of the storage rack. 2, Do not stack boxes, cases, or packages of product above the number or height recommended by the supplier. Check with your manager if you are unsure. 3. Do not use razorblades, screwdrivers, or knives which were not supplied by the company to open boxes or cases. 4. Do not lift slippery or wet objects; use a hand truck. 5. Follow the safe handling instructions listed on the label of the container or listed on the corresponding Material Safety Data Sheet when handling each chemical stored in the stockroom. 6. Do not smoke while handling chemicals labeled "Flammable." 7Do not store chemicals labeled "Flammable" near sources of Ignition such as space heaters. 8. Do not handle or load any containers of chemicals if their containers are cracked or leaking. 9. Obey all safety and danger signs posted in the workplace. Warehouse SafetY , 1. When stocking shelves by hand, position the materials to be shelved slightly in front of you, so you do not have to twist when lifting and stacking materlals. 2. Visually inspect for sharp objects or other hazards before reaching into containers such as garbage cans, boxes, bags or sinks, I Remove or bend nails and staples from crates before unpacking the crates. 4. When cutting shrink wrap with a blade, always cut away from you and your co-workers. 5Do not try to kick objects out of pathways. Push or carry them out of the way. 6. Do not let items overhang from shelves into walkways. 7. Move slowly when approaching blind cornets. 8. Place heavier loads on the lower or middle shelves. 9. Remove one object at a time from shelves. 10. Place items on shelves so that they lie flat and do not wobble. Loading Docks 1Keep the forklift clear of the dock edge while vehicles are backing up to the dock. 2. Do not begin loading or unloading until the supply truck has come to a complete stop, the engine has been turned off, the dock lock has been engaged (if one is being used), and the wheels have been chocked. 3, Do not drive the forklift into the truck until the bridge or dock plate has been attached. 4Do not drive the forklift into a truck bed or onto a trailer that has "soft" or loose decking or other unstable flooring. Drive straight across the bridge plates when entering or exiting the trailer. 6. Use dock lights or headlights when working in a dark trailer. 136 Job -Specific Safety Precautions pliysic alThreat Control Procedures If you perceive the possibility of a physical threat, use emergency telephone number listed near the telephone. If you perceive no immediate physical threat: a. Notify other staff members and have a stand-by to render assistance. b. State clearly who you are and what you can do to help. If you perceive the possibility of severe physical injury: a. Asi,sume a non threatening physical posture and voice tone. b. State in clear concise terms what you want the individual to do. C. State what you can do to help. d. Speak with authority. e. Make direct commands. f. Set a time limit. At the end of set time, seek assistance from a staff member. If you are assaulted: a. Leave the area. b. Report assault to appropriate pa (les). c. Do not return alone. Bring assistance with you. Breaking up an altercation, a. Do not attempt to break it up alone. b. Call for help from staff members or call security. C. Stay out of the immediate area, d. Wait for help from at least one other person. Do not intervene alone. I K1 Robberies 1. Greet all customers that come into the store. 2. If an argument or fight breaks out on the premises, call the police and do not use physical force. 1 Do not be drawn outside the store for any reason. 4Do not try to physically stop a shoplifter. 5. Keep the robbery as short as possible. Do not resist or argue with a robber. 6a Keep your hands visible at all times. 7am the robber of the movements you are going to make such as reaching for a bag or opening the cash register. 8, Do not chase or follow the robber as he leaves; call the police. 9. Do not pull a weapon if you are being held up. Knives/Sharp Instruments 1. When handling knife blades and other cutting tools, direct sharp points and edges away from you. 1 Cut in the direction away from your body when using knives. 1 Use a knife that has been sharpened; do not use knives that have dull blades. 4. Do not use knives that have broken or loose handles. 5. Do not use knives as screwdrivers, pry bars, can openers or ice picks. E. Do not leave knives in sinks full of water. 7. Do not pick up knives by their blades. * Carry knives with their tips pointed towards the floor. * Do not carry knives, scissors or other sharp tools in your pockets or an apron unless they are first placed in their sheath or holder. 10, Do not attempt to catch a failing knife. 11. Store knives in knife blocks or in sheaths after using them. 12. Do not use honing steels that do not have disc guards. Page 21. 137 Job-Spedfic Safety Precautions compW.Lor Safety 1Only authorized persons may operate the trash compactor. 2. Open the loading door and place empty cartons and other trash into the loading chute. 3. Do not load chemicals, flammable materials, or hazardous waste into the compactor. 4. Check the gauge frequently in order to ascertain when the compactor is full. 5, Make sure the loading door is closed and the interlocks are engaged before starting the compactor,, 6When the gauge registers as full, push the start button for the trash to be compacted. 7. Refer to proper lock out/tag out procedures before attempting to remove obstacles. S. Never climb inside the compactor unit. machine Shop SaIlWtV 1, After making adjustments or repairs, replace the guards before starting machines. 2. Do not remove, alter or bypass any safety guards or devices when operating any piece of equipment or machinery. 3. Do not wear loose clothing or jewelry in the machine shop. 4Contain long hair under a hat or hair net, regardless of gender. 5. Read and obey safety warnings posted on or near any machinery. 6. Do not try to stop a workpiece as it goes through any machine. If the machine becomes jammed, disconnect th# power before clearing the jam. Job -Specific Safety Precautions E� 138 Job -Specific Safety Prt:'.cat;tionS Machine Sa,fety 1Do not remove, alter or bypass any safety guards or devices when operating mechanical equipment such as mechanical power presses, press brakes, metal working lathes, radial arm saws, drills, horizontal mill, punch press, or when bending or forming materials. aking adjustments or repairing the machine. 2, Replace guards, before starting the machine, after m If the machine becomes jammed, disconnect the 3. Do not try to stop a workpiece as it goes through any machine. power before clearing the jam. 4. Do not wear loose clothing, jewelry or ties in the machine shop. 5Read and obey safety warnings posted on or near any machinery. ty Precautions 6. Long hair must be contained under a hat or hair net, regardless of gender. Job -Specific Safe 139 Job-Specific Safety Precautions :E ,w ji, jdj�jjq/ClttAng/6razfinq 1. Obey all signs posted in the welding area. other combustible materials in the welding, cutting or brazing 2. Do not leave oily rags, paper such as blueprints or area. 3. Do not perform "hot work," such as welding, metal grinding or other spark producing operations, within 50 feet of containers labeled "Flammable" or "Combustible.n 4. Use the red hose for gas fuel and the green hose for oxygen. 5Do not use wom, burned or cracked hoses. 6. Do not use oil, grease or other lubricants on the regulator. 7. "Blow out" hoses before attaching the torch. 8. Ignite torches with friction lighters only. Do not use a cigarette lighter. 9Do not change electrodes with bare hands; use dry rubber gloves. 10. Bleed oxygen and fuel lines at the end of the work -shift. 11. Do not wear contact tenses when welding. 12. When welding, wear a welding helmet with filter plates and lenses, welding gloves, a long sleeve shirt, long pants, and an apron. 13. Wear clothing made of cotton, wool, or non -synthetic fibers. Wear long sleeve shifts, long pants, boots, and gloves. 14. Use the welding screen to shield other employees from flying slag and intense light. 15. Before welding place the floor fan behind you to keep welding fumes away from your face. 16. Do not use a torch on any container that is labeled "Flammable" or "Combustible." M� 140 3ob-Specific Safety Precautions z",- 11�/"I'll- om 142 Employee Acknowledgement Form 0, .. ....... --- ww Date oyee Signatur........ e 143 The t of BoyntonBeach Finonce/Procurement Box Boynton «'ew •r 33425-0310 Telephone. (561) 742-6316 BACKFLOWDATE, MARCH 18, 2019 BID TITLE: PREVENTION DEVICE INSPECTION, TESTING AND SERVICES y �Yy� REPAIR R A 0 ONION of a conflict, this Addendum No. I shall govern. Words in 'W", type are deletions from existing text, Words in bold, underlined type are additions to existing text. 1. The bid opening date remains as March 26, 2019 at 2,30 PM. The location remains unchanged. e:... 2, Standard Details W-1 8 and W-1 9 are added to the Invitation to Bid and hereby attached as Attachment 1. 3. The following questions were submitted prior to the deadline and are hereby responded M below', larger.01What size and type backfiows are we talking about? Al: Refer to page 14, Testing and Certification, Part D. The majority of the backflow preventers range from 3/4" to 2"; however there are some larger units up to 8" In size and Q2: Location of backflows above boxes.A2: The majority of backflow preventers are above ground, and some are in typicalQ3: Are there any fire backflowsl? A3: The testing may Include some fire backflow preventers. Q4: Installation requirements (spec sheet)? A4: Refer to the attached Standard Details W-1 8 and W-1 9 for installation requirements., 144 Q6: How to receive test reports (email, paper, drop off, or digital)? A6: The selected contractor will receive hard copy work orders from Utilities 11 testing backflow devices. Completed test reports by the contractor shall be dropped off (hard copy) at Utilities. Q7: Are these residential or commercial or both? A7: Both residential and commercial. Q8: How are the clients notified? A8: Refer to page 14, Backflow Prevention Devices on Private Property Not Owned By The City, Part A. The City sends letters to the customers. 09: Are there any reclaim areas? A9: No. Q10: Is there a permit that we would have to pull for the backflows, and if so what would be that cost? Al 0: Refer to page 16, Permits and Fees. The contractor shall pay the perm It fees and include the cost of the permit fees in the pricing for reimbursement by the City. Q1 1: Will there be more then 600 Backflows to do? Al 1: Per page 14, Testing and Certification, Part A., the estimated amount Is approximately 60 tests per month for a total of approximately 600 per year. The actual amount may vary and the City does not guarantee a minimum or maximum amount. Q12: Is there bond for this contract? A112: No, there are no bonding requirements for this solicitation. I1 145 The City qj' Boynton Beach FinancelProcurement Services P. 0. it 310 �-U-034-0 Telephone: (561) 742-6310 FAX: (561) 742-6316 BACKFLOW PREVENTION DEVICE INSPECTION, TESTING AND REPAIR SERVICES BID NO.: 020-2821-1911T RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. i WITH BIlD PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. , fi, ... . .... . .. .. ..... h[AME OF KIEP ......... .......... IG A Fri OF IVIE 01 '° ('0`01WPANY . ................... . ....... .. DA1114 1: N 146 BOLLARD TO RE 4" STEEL. PIPE & FILLED W(TH CONCRETE. EXACT LOCXTION TO BE DETERMINED IN THE FIELD (SEE Dtq�,AK. G-- 15 -PROTECVA.'�' CO TEST CK (TTP.) ENCLOSURES FOR ABOVE GROUND DEVICES" DETAIL) 0 0 .... ............. . ............ ......... . . ......... WATER METER 9'( THE DEPARTMENT 3' MAX. ! t 2 3EE NCY \-, B I^.L. VALVE ("IYPRCAL) ULM 7 REDUCED PRESSURE BACKFLOW PREVEIIJION DEVKE AND CIALL VALVES BY CONHIACTOR (SEE NOTE 5) 4" SIEEL 1301 LARD DE . .... ... SEE, NorEII I CLA:RB SEE N011E 8 ... . . ..... 44 NOTE 3 SEE N01E 2 BmMm!:�, ,_ IBOYNTON14 IBEA(I'll rril!"S DEPAFRIE("1( 4' S-TANDARIDS & TEP Ir Pi 15K "TO 2" �ADL Al BACKFLOW DE IEF3 3/4"uE)PLrfILMESATF,11�11�111MIE,I"��,,�,'��1-1[11:1:::IF:::iS W,-iq 147 MEM lYPE "K" COPm :IEIR TUBP4G (SOFT DRAWN) OR POLYETHYLENE 'fl"NNG SDR 1.1 COPPER TuBE SIZE, id5 2, IHI. DPSN'ANCE BETWEEN THE MV'ER: &. BACKFLOW PREVENTOk SIHAr i SIE A MAXWUM OF 3 FEEr, RGERS SHALL BE P(PE COPPER lUBING (iARD MKWN) WIrlH CDP P0?/BR:A5S SOLDIER RT7VNCS AND ADAFITE"RS, ONLY LVO) FREE SOLDER A00 FLUX SHALL. IDE PERMHTED, 4, BOTH 1 -1/2" AND 2"' ANGfE mFrFR SI OP SFiMll, BE EQUIPPED WITH LOCKINC', CAPS AND METER FLANGES, 5, APPROVED BACKFLOW PREVEI14TK)N DEVICES NCAED W APPIEN= EXIIIPEiff '11)" - V -110P SpEc""ICAfloNs, V0,10NI TFE DEVICE IS NNSI`ALLED PARALLEL TO A BUIlfANG, WALL THERE SHAU.. BE A I40q, OF 6" BEDNEEN IFIE EDGE OF I'IIE E DEVKZ AND TI,11E BUI6..PA11140 WALL 'o 119, '7, BACKL:'LUYV PREVENTION DEVICE SHALL BE EOLAPPED WIIH BAl VALVES R4 UOU OF GKrE VALVES EL EAC.34 BACKFILOW PREVEN11019 IDFVIICE SHALL sE 9,ym3owrEll) BEIVEEN 90' BEND AIND UIAON Wfffl SIAR&ESS STEEL k#pqGs,rir?uT. R6ERS TO BE SIECIA?El) T,C�) �P41SI'Rkfl W�IH !,�7wAINLESS STEEL (304) IW0VNTHqG HARDWARE AND NEOPRENE ONSIJLATORS BETWEEN 2 a ALL DISSHWLAR 0AE , rALS, ONE UNI[SIRUT FIER BA01(IFLOW, :t 9, PASS�NG VES1 RE11ORT IPIUST BE SUB11AIIIED WIll-UN TEN (10) &,JSINESS DAYS AFTER WATER IS SUPPLED, FAX TO 561-742-6298 IBOYNTON14 IBEA(I'll rril!"S DEPAFRIE("1( 4' S-TANDARIDS & TEP Ir Pi 15K "TO 2" �ADL Al BACKFLOW DE IEF3 3/4"uE)PLrfILMESATF,11�11�111MIE,I"��,,�,'��1-1[11:1:::IF:::iS W,-iq 147 4" STEEL PIPE. BIDLULRI) ffl�� BOLLARD TO BE 4" STEEL PIPE & FILLED WITH CONCRETE. EXACT LOCATION TO BE DETERMINED IN THE FIELD (SEE DETAIL 0-15 "PROTECTIVE ENCLOSURES FOR ABOVE GROUND DEVICES- DETAIL) I SEE NOTE 8 \4EE llqCYI'E SEE NoTE 2 CURB 8. STOP hKMEM i. 'ryn,.', 'Y' COPPER TUBING (SOFr (DRAWN) OR 1:100YErHYLEINF 1101140 SDR 9 COPPER ILIBE SQlE E. wHE DISTANCE BETWEEN 'I'HE METER & BACKIFLOW PREVENTER SHMIL, BE A MAXNMLJM QE' 3 FEET 3, BOTH RISERS SHALE. BE TYPE `K' COPPER TUMNG (HARD DRAWN) WITH COPPER/BRASS SOLDER FT7'rINGS AND AI)APTERS ONLY" LEAD FREE SOLDER ACHED IFL,UX SHALL 13E PERM11"r`[ED, 4, B(I)TH 1 1/2' AND 2" C11JS,10M MEfER SETTERF, SHALL BE EOWPPED )WTH LOCK WR4G SALL VALVES 5, APPROVED BACKFLOW PREVEN"NON DEVICES lq$'YrEll) 04 AfPIENMX 'D' - SHOP SPECIFCATK)NS. 6, WHEN THE DEVICE' IS INSTALLED PARALLEL TO A BUILMNG WALL PiERE ',�'�HAIA. BE A MIN, OF 6' BETWEEN THE EDGE OF THE DEWCE A114D THE BUIILDIING WALL 7, BACKIFLOW PREVENVON DEVICE SHALL BE EQUIPPED WITH BALL VALVES IN UEU1 OF GATE VALVES, S. BACKFLOW PREWNTION I)E:VK,[,' SHALL BE SUPPORTED AT' BOTH R6ERS ffl'TH STAINLESS 'Sl"ElElL UNISTRUT RMERS TO BE SECLIRED TO LKsmu'r WMH STAINLESS STEEL (304) MOUNTING HARDWARE A14D NEOPRENE [NSULATORS BETWEEN ALL DISSMh.Afk INAE-rALS C. PASSING IE5NREPOKT MUST BE SkAimrrmo wrTWN TE14 (10) BUSINESS DR(S AF7rR WATEIR IS SUPRUIED, FAX 10 561-742-6298 BOYNTON BEACA-i L.FrILAIIES DEPARIVEN"r coau�uc,i"im STANDARDS & DETAILS EFF, DK SCALE 11/16 BACKROW DEVICE FOR3/4" TO 2' �_mmvwmlomul mm—wmw D NEE PAGE NUMBER WNTER METER W-18 148 wAnK mEIIER 81, 0 THE DEPARTMENT 7Z'sl' COCK . .... . . . ...... . .. P(MCAQ LD V, .. ... ...... . .... ..... ..... ....... ...... 0 BAL.I. VAf)'PlICAL)LVE S 2 EE NCY�E ( 0 6) (SEE NOTE -BY REDUCED PRESSURE BACKFLOW PREVENTION DEVICE, AND CDALL VALVES CONTRACTOR (SEE 1140TE 5) I SEE NOTE 8 \4EE llqCYI'E SEE NoTE 2 CURB 8. STOP hKMEM i. 'ryn,.', 'Y' COPPER TUBING (SOFr (DRAWN) OR 1:100YErHYLEINF 1101140 SDR 9 COPPER ILIBE SQlE E. wHE DISTANCE BETWEEN 'I'HE METER & BACKIFLOW PREVENTER SHMIL, BE A MAXNMLJM QE' 3 FEET 3, BOTH RISERS SHALE. BE TYPE `K' COPPER TUMNG (HARD DRAWN) WITH COPPER/BRASS SOLDER FT7'rINGS AND AI)APTERS ONLY" LEAD FREE SOLDER ACHED IFL,UX SHALL 13E PERM11"r`[ED, 4, B(I)TH 1 1/2' AND 2" C11JS,10M MEfER SETTERF, SHALL BE EOWPPED )WTH LOCK WR4G SALL VALVES 5, APPROVED BACKFLOW PREVEN"NON DEVICES lq$'YrEll) 04 AfPIENMX 'D' - SHOP SPECIFCATK)NS. 6, WHEN THE DEVICE' IS INSTALLED PARALLEL TO A BUILMNG WALL PiERE ',�'�HAIA. BE A MIN, OF 6' BETWEEN THE EDGE OF THE DEWCE A114D THE BUIILDIING WALL 7, BACKIFLOW PREVENVON DEVICE SHALL BE EQUIPPED WITH BALL VALVES IN UEU1 OF GATE VALVES, S. BACKFLOW PREWNTION I)E:VK,[,' SHALL BE SUPPORTED AT' BOTH R6ERS ffl'TH STAINLESS 'Sl"ElElL UNISTRUT RMERS TO BE SECLIRED TO LKsmu'r WMH STAINLESS STEEL (304) MOUNTING HARDWARE A14D NEOPRENE [NSULATORS BETWEEN ALL DISSMh.Afk INAE-rALS C. PASSING IE5NREPOKT MUST BE SkAimrrmo wrTWN TE14 (10) BUSINESS DR(S AF7rR WATEIR IS SUPRUIED, FAX 10 561-742-6298 BOYNTON BEACA-i L.FrILAIIES DEPARIVEN"r coau�uc,i"im STANDARDS & DETAILS EFF, DK SCALE 11/16 BACKROW DEVICE FOR3/4" TO 2' �_mmvwmlomul mm—wmw D NEE PAGE NUMBER WNTER METER W-18 148 BID TAB SHEET BID TITLE' CK L. PREVENTION DEVICE INSPECTION, TESTING AND REFS 810 DUE DATE. March 4,2016 Wed hlviu 406 0140* Ofts BID DUE TIME: 2= PA ww000dm4y as ofmo w�" virwWvWV dMA mdl taw, BID No.; 033-2821-16/JMA AR oftu mmm suwuwd un rwpumr to tkr,o wsWuwww, SHW'l SACKPLOW PREVEtfnON DEVICE INSPECTION, TESTING, AND REPMR SERVICES 149 BID TAB SHEET BID DUE DATE: March 4, 2015 %)Wem taut the yffwws Wad boron wt ft wty off -M BID DUE TIME: 2:30 RM. m,Wved Orney w oms above recamio "r wd gme. BID No.: 033-2821-150MA, Ag adm off"* wbn*WJ in ympme b ft mlludv*m, . ............................ . . . . . . . . ......... . ..................................... . . . . . . ----- — :NAI NW 1Ift Ausen Defray Beach, Fl 334" TplIll M'94022 Flat: (661j"91644 Oonbct kaft EIhmmU . ........ ....................... '97C �f FkOWW 4FOd P..WA ". C , E ............................... . . SLGIAM ED ....................... .... .... ....................... =06 YES . . ............. ......... . .................... ........ . . ........................ ............ GENERAL A00IOWLEDGEMEW YES ..................................... Li —w G - .. .......... ............................................. . ..... ... . --- ............. ..................................... . . ... . ............... . ......................................................... CONNEV�ON CHIR'lJ`ICAT*Ny YES ............ . . . .................. ...... . . ..... ............................. ..................................... . ............. ..................... . .................... .......................... ISEE MIDDER'S QUALIFMA I ION rEM NO 8 . . . . . .. ........ ............. ....... ............... .................... ................... ... ...... ................... ........ ... I . . ........ ............. ........... SHEET I BACKFLOW PREVENTION DEVICE INSPECTION, TESTING, AND REPAIR SERVICES 150 g Consent Agenda 06/20/2023 Purchases for over $10,000.00 for the month of May 2023. Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of May 2023. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: Further, the City Manager, or designee is authorized to execute a purchase order on behalf of the City for such purchases under the $49,999 bid threshold for personal property, commodities, and services, or $200,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or designee. All backup documentation is available upon request. Below is a list of the purchases for May 2023: 231290 BROADCAST SYSTEMS $16,236.60 231298 INNOVYZE LLC $10,608.00 231300 INTERMEDIA TOUCH INC. $40,763.10 231301 SENSUS USA, INC. $19,354.25 231302 SAMSARA, INC. $41,309.90 231308 DAVCO TURF CORP $26,883.50 231309 FLUID CONTROL $12,173.00 SPECIALTIES INC. 231311 HOMRICH CORPORATION $59,000.00 231318 1 WATER INC. $18,000.00 231322 TRANSCENDENT $21,000.00 CORPORATION 231334 HOMRICH CORPORATION $32,400.00 231335 RPM GENERAL $94,350.00 CONTRACTORS, INC. 231337 LOU'S POLICE AND $26,246.36 SECURITY 231340 XYLEM WATER SOLUTIONS $146,028.60 USA, INC. 231342 SHI $16,399.00 231343 CAROLLO ENGINEERS, INC. $33,391.00 151 231344 ANZCO, INC. $105,000.00 231348 SOUTHERN TURFGRASS $10,500.00 SERVICES, INC. 231349 ALL COUNTY PAVING $49,768.40 231357 ALEXIS KNIGHT $23,940.00 ARCHITECT, INC. 231358 SWAGELOK CENTRAL & $11,512.56 SOUTH FLORIDA How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2- 56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager, or designee. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Attachments: Purchases over $10k May 2023.pdf 152 153 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MAY 2023 1. Vendor: BROADCAST SYSTEMS Purchase Amount: $ 16,236.60 Requesting Department: UTILITIES Contact Person: WANEYA BRYANT Date: 5/3/2023 Brief Description of Purchase: REPLACEMENT OF 35 YEAR OLD FIBER LOCATED AT EWTP, WHICH AFFECTS THE PUMP SHOP COMPUTER, PHONE AND KEY TRACK SYSTEM. Source for Purchase: COBB # PD23-027 Fund Source: 403-5000-533.64-15 2. Vendor: INNOVYZE LLC Purchase Amount: $ 10,608.00 Requesting Department: UTILITIES Contact Person: WANEYA BRYANT Date: 5/3/2023 Brief Description of Purchase: LICENSE RENEWAL FOR EXISTING INFOSWMM FLOATING AND INFOWATER FLOATING USED FOR ONGOING MASTER PLANNING OF WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEMS. Source for Purchase: CONFIRMING/SINGLE SOURCE PURCHASE ORDER Fund Source: 401-2821-536.46-91 3. Vendor: INTERMEDIA TOUCH INC. Purchase Amount: $ 40,763.10 Requesting Department: LIBRARY Contact Person: TIFFANY PAGAN Date: 5/4/2023 Brief Description of Purchase: EQUIPMENT, SOFTWARE, SHIPPING AND INSTALLATION OF CITY OF BOYNTON BEACH WELCOME CENTER KIOSK. Source for Purchase: SOLE SOURCE Fund Source: 302-4101-580.62-01 4. Vendor: SENSUS USA, INC. Purchase Amount: $ 19,354.25 Requesting Department: UTILITIES Contact Person: WANEYA BRYANT Date: 5/4/2023 Brief Description of Purchase: CONFIRMING P/O -TO PAY INVOICE DATED SEPT. 2022. Source for Purchase: CONFIRMING Fund Source: 401-2814-536.46-91 5. Vendor: SAMSARA, INC. Purchase Amount: $ 41,309.90 Requesting Department: PUBLIC WORKS/FLEET Contact Person: ADRIANNA GRECO-ARENCIBIA Date: 5/4/2023 Brief Description of Purchase: NEW CAMERA SOFTWARE FOR SOLID WASTE/ FLEET Source for Purchase: PIGGYBACK SOURCEW ELL CONTRACT #020221 Fund Source: 431-2515-534.46-91 6. Vendor: DAVCO TURF CORP Purchase Amount: $ 26,883.50 Requesting Department: GOLF COURSE Contact Person: SAM REEP Date: 5/8/2023 Brief Description of Purchase: PURCHASE OF GOLF COURSE BUNKER RAKE. Source for Purchase: THREE QUOTES Fund Source: 411-2911-572.64-21 153 7. Vendor: FLUID CONTROL SPECIALTIES INC. Purchase Amount: $ 12,173.00 Requesting Department: UTILITIES Contact Person: DAVID ROLAND Date: 5/8/2023 Brief Description of Purchase: REMOVAL AND REPLACEMENT OF VALVE AT EWTP. Source for Purchase: SOLE SOURCE Fund Source: 401-2811-536.49-17 8. Vendor: HOMRICH CORPORATION Purchase Amount: $ 59,000.00 Requesting Department: PUBLIC WORKS Contact Person: KEVIN RAMSEY Date: 5/8/2023 Brief Description of Purchase: MINOR CONSTRUCTION. BOYNTON BEACH WOMEN'S CLUB RAILINGS. Source for Purchase: COBB # 028251120 Fund Source: 302-4145-580.62-01 TASK ORDER # F-13-2023 9. Vendor: I WATER INC. Purchase Amount: $ 18,000.00 Requesting Department: UTILITIES Contact Person: WANEYA BRYANT Date: 5/9/2023 Brief Description of Purchase: ANNUAL SOFTWARE RENEWAL FOR SOFTWARE USED TO MAINTAIN FIRE HYDRANTS, GREASE TRAPS AND BACKFLOW DEVICES. Source for Purchase: CONFIRMING PURCHASE ORDER Fund Source: 401-2821-536.46-91 10. Vendor: TRANSCENDENT CORPORATION Purchase Amount: $ 21,000.00 Requesting Department: UTILITIES Contact Person: WANEYA BRYANT Date: 5/10/2023 Brief Description of Purchase: RENEWAL OF LICENSES AND VIRTUAL TRAINING Source for Purchase: CONFIRMING PURCHASE ORDER Fund Source: 401-2821-536.46-91 11. Vendor: HOMRICH CORPORATION Purchase Amount: $ 32,400.00 Requesting Department: PUBLIC WORKS Contact Person: KEVIN RAMSEY Date: 5/12/2023 Brief Description of Purchase: MINOR CONSTRUCTION. COMMERCIAL BUILDING DEMO (301 W. BOYNTON BEACH BLVD) Source for Purchase: COBB # 028251120 Fund Source: 130-2411-524.34-25 TASK ORDER # F-14-2023 12. Vendor: RPM GENERAL CONTRACTORS, INC. Purchase Amount: $ 94,350.00 Requesting Department: PUBLIC WORKS Contact Person: KEVIN RAMSEY Date: 5/16/2023 Brief Description of Purchase: MINOR CONSTRUCTION. 1ST, 3RD AND 4TH FLOOR OFFICE SPACE (CITY HALL). Source for Purchase: COBB # - 0282551120 Fund Source: 303-4101-572.62-01 TASK ORDER # - F-12-2023 13. Vendor: LOU'S POLICE AND SECURITY Purchase Amount: $ 26,246.36 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 5/16/2023 Brief Description of Purchase: RESUPPLY DUTY PISTOL INVENTORY Source for Purchase: THREE QUOTES Fund Source: 001-2112-521.52-50 154 14. Vendor: XYLEM WATER SOLUTIONS USA, INC. Purchase Amount: $ 146,028.60 Requesting Department: UTILITIES Contact Person: MARC FILSAIME Date: 6/17/2023 Brief Description of Purchase: PURHCHASE OF NEW FLYGT 70 HP PUMP AND 110 HP PUMP FOR LS 356 AND 319 Source for Purchase: COBB # 014282119 Fund Source: 403-5000-535.65-04 15. Vendor: SHI Purchase Amount: $ 16,399.00 Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 5/18/2023 Brief Description of Purchase: SMARTSHEETS RENEWAL. SOFTWARE THAT ASSISTS IN THE CONTIUOUS WORKFLOW FOR THE CITY'S NEEDS. Source for Purchase: THREE QUOTES Fund Source: 001-1510-513.46-91 401-2823-536.46-91 16. Vendor: CAROLLO ENGINEERS, INC. Purchase Amount: $ 33,391.00 Requesting Department: PUBLIC WORKS Contact Person: GARY DUNMYER Date: 5/18/2023 Brief Description of Purchase: GEOTECHNICAL EVALUATION/ROAD REHAB FOR CHAPEL HILL, CHERRY HILLS/RIDGEWOOD HILLS/RIDGEWOOD MANOR LAKES/ S.E. 5TH AVE EAST OCEAN AVE. Source for Purchase: COBB # - 046282117 Fund Source: 303-4905-541.49-17 TASK# UT -1C-06 17. Vendor: ANZCO, INC. Purchase Amount: $ 105,000.00 Requesting Department: UTILITIES Contact Person: GAIL MOOTZ Date: 5/18/2023 Brief Description of Purchase: MINOR CONSTRUCTION - RENOVATIONS TO 1 MIL STORAGE FACILITY Source for Purchase: COBB # 28251120 Fund Source: 403-5000-533.49-17 TASK ORDER # U-15-2023 18. Vendor: SOUTHERN TURFGRASS SERVICES, INC. Purchase Amount: $ 10,500.00 Requesting Department: GOLF Contact Person: SAMUEL PRESTON Date: 5/18/2023 Brief Description of Purchase: VERTICUTTING TO REMOVE THATCH BUILDUP ON THE FAIRWAYS. Source for Purchase: CONFIRMING Fund Source: 411-2911-572-.63-01 19. Vendor: ALL COUNTY PAVING Purchase Amount: $ 49,768.40 Requesting Department: PUBLIC WORKS Contact Person: CARL FRUMENTI Date: 5/18/2023 Brief Description of Purchase: ASPHALT AND SIDWALK RESOLUTION/PAVEMENT MARKING -STRIPPING /THERMOPLASTIC PAVEMENT MARKINGS FOR LIESUREVILLE (SW 18TH AND 22ND & SW CONGRESS). Source for Purchase: COBB # PWE22-08 Fund Source: 303-490-5541.63-08 PROJECT # TR2313 155 20. Vendor: ALEXIS KNIGHT ARCHITECT, INC. Purchase Amount: $ 23,940.00 Requesting Department: PUBLIC WORKS Contact Person: KEVIN RAMSEY Date: Brief Description of Purchase: ARCHITECTURAL AND ENGINEERING SERVICES, DESIGN AND DRAWING PREPARATION TO REPLACE EXISTING EMERGENCY GENERATOR FOR FIRE STATION #5. Source for Purchase: COBB # 042628117 Fund Source: 303-4129-522.62-01 TASK ORDER # UT -2E-08 21. Vendor: SWAGELOK CENTRAL & SOUTH FLORIDA Purchase Amount: $ 11,512.56 Requesting Department: UTILITIES Contact Person: MARC FILSAIME Date: 5/23/2023 Brief Description of Purchase: UPGRADE TO LIFT STATIONS WITH NEW INSTRUMENTS THAT READ THE FLOW. Source for Purchase: SOLE SOURCE Fund Source: 401-2816-536.52-75 156 6.E Consent Agenda 06/20/2023 Bid Extensions and Piggy -Backs Under $100,000 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for June 20, 2023 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM City of Boynton August 2, 2023 Annual PFM Financial Financial Beach RFP No. to Estimated Advisors, LLC Advisory Services 003-1410-18/IT August 1, 2025 Expenditure $20,00.00 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Attachments: $100K under REQUEST FOR BID EXTENSIONS REPORT June 20 2023 Renewal Interest Letter - PFM Financial Advisory LLC 2023-2025—Executed. pdf PFM Financial Advisory LLC - Disclosure of Conflicts of Interest & Other Important Municipal Advisory 157 REQUESTING DEPARTMENT. DIRECTOR OF FINANCIAL SERVICES DEPARTMENT CONTACT: MARA FREDERIKSEN TERM: August 2, 2023 thru August 1, 2025 SOURCE FOR PURCHASE: City of Boynton Beach RFP No. 003-1410-18/IT for Financial Advisory Services ACCOUNT NUMBER: Intermittent based on bond issuance costs - various accounts VENDOR(S): PFM Financial Advisors LLC ANNUAL ESTIMATED EXPENDITURE: $20,000 Year 2018 = $20,000.00 408-3011-517.73-02 Year 2021 = $5,000.00 401-3011-517.73-02 DESCRIPTION: On July 3, 2018, City Commission approved and authorized the City Manager to sign an Agreement with PFM Financial Advisors, LLC of Orlando, FL for RFP No. 003-1410-18/IT Financial Advisory Services. The RFP was issued for the services of a qualified independent financial advisor to serve as a consultant in connection with the financing for capital improvement programs and conduct of business transactions with financial institutions. This Agreement was for an initial term of three (3) years which may be extended with the same terms and conditions for (2) additional, two-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. The vendor has agreed to renew the Agreement for the 1St two-year renewal option August 1, 2023 to August 1, 2025. 19; The City of Boonton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 June 5, 2023 Mr. James Glover, Managing Director PFM Financial Advisors LLC 300 South Orange Avenue Suite 1170 Orlando, FL 32801 VIA E-MAIL TO: GLOVERJ(o)PFM.COM RFP: FINANCIAL ADVISORY SERVICES RFP No: 003-1410-18/IT CURRENT AGREEMENT TERM: August 2, 2021 through August 1, 2023 Dear Mr. Glover: The current agreement term for "FINANCIAL ADVISORY SERVICES" awarded to PFM Financial Advisors LLC expires on August 1, 2023. The agreement allows for two (2) additional two-year renewal terms with the same terms and conditions. The City of Boynton Beach is pleased with the services that PFM Financial Advisors LLC provides and would like to renew this agreement for 2nd remaining two-year additional renewal terms. Please indicate your response on the following page and return it to Procurement Services via email to prattt(a)bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt at 561-742-6308 or by email. Thank you for your consideration. Sincerely, F Mara Frederiksen Director of Financial Services Cc: Taralyn Pratt, Contract Administrator America's Gateway to the Gulf Stream 159 The City of Boonton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 June 5, 2023 RFP: FINANCIAL ADVISORY SERVICES RFP No: 003-1410-18/IT Agreement between the City of Boynton Beach and PFM FINANCIAL ADVISORS LLC. RENEWAL TERM: August 2, 2023 THROUGHAugust 1, 2025 _X—Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional two-year term. No, I do not wish to renew the bid for the following reason(s) PFM FINANCIAL ADVISORS LLC NAME OF COMPANY James W. Glover NAME OF REPRESENTATIVE (please print) June 5, 2023 DATE gloverj@pfm.com E-MAIL rte"" SIGN URE ty Managing Director TITLE 407-406-5760 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream 160 DISCLOSURE OF CONFLICTS OF INTEREST AND OTHER IMPORTANT MUNICIPAL ADVISORY INFORMATION PFM Financial Advisors LLC L Introduction PFM Financial Advisors LLC and PFM Swap Advisors LLC (hereinafter, referred to as "We," "Us," or "Our") are registered municipal advisors with the Securities and Exchange Commission (the "SEC") and the Municipal Securities Rulemaking Board (the "MSRB"), pursuant to the Securities Exchange Act of 1934 Rule 1513al-2. In accordance with MSRB rules, this disclosure statement is provided by Us to each client prior to the execution of its advisory agreement with written disclosures of all material conflicts of interests and legal or disciplinary events that are required to be disclosed with respect to providing financial advisory services pursuant to MSRB Rule G -42(b) and (c) (ii). We employ a number of resources to identify and subsequently manage actual or potential conflicts of interest in addition to disclosing actual and potential conflicts of interest provided herein. How We Identify and Manage Conflicts of Interest Code of Ethics. The Code requires that all employees conduct all aspects of Our business with the highest standards of integrity, honesty and fair dealing. All employees are required to avoid even the appearance of misconduct or impropriety and avoid actual or apparent conflicts of interest between personal and professional relationships that would or could interfere with an employee's independent exercise of judgment in performing the obligations and responsibilities owed to a municipal advisor and Our clients. Policies and Procedures. We have adopted policies and procedures that include specific rules and standards for conduct. Some of these policies and procedures provide guidance and reporting requirements about matters that allows Us to monitor behavior that might give rise to a conflict of interest. These include policies concerning the making of gifts and charitable contributions, entertaining clients, and engaging in outside activities, all of which may involve relationships with clients and others that are important to Our analysis of potential conflicts of interest. Supervisory Structure. We have both a compliance and supervisory structure in place that enables Us to identify and monitor employees' activities, both on a transaction and Firm -wide basis, to ensure compliance with appropriate standards. Prior to undertaking any engagement with a new client or an additional engagement with an existing client, appropriate municipal advisory personnel will review the possible intersection of the client's interests, the proposed engagement, Our engagement personnel, experience and existing obligations to other clients and related parties. This review, together with employing the resources described above, allows Us to evaluate any situations that may be an actual or potential conflict of interest. Disclosures. We will disclose to clients those situations that We believe would create a material conflict of interest, such as: 1) any advice, service or product that any affiliate may provide to a client that is directly related to the municipal advisory work We perform for such client; 2) any payment made to obtain or retain a municipal advisory engagement with a client; 3) any fee -splitting arrangement with any provider of an investment or services to a client; 4) any conflict that may arise from the type of compensation arrangement We may have with a client; and 5) any other actual or potential situation that We are or become aware of that might constitute a material conflict of interest that could reasonably expect to impair Our ability to provide advice to or on behalf of clients consistent with regulatory requirements. if We identify such situations or circumstances, We will prepare meaningful disclosure that will describe the implications of the situation and how We intend to manage the situation. We will also disclose any legal or disciplinary events that are material to a client's evaluation or the integrity of Our management or advisory personnel. We will provide this disclosure (or a means to access this information) in writing prior to starting Our proposed engagement, and will provide such additional information or clarification as the client may request. We will also advise Our clients in writing of any subsequent material conflict of interest that may arise, as well as the related implications, Our plan to manage that situation, and any additional information such client may require. II. General Conflict of Interest Disclosures Disclosure of Conflicts Concerning the Firm's Affiliates Our affiliates offer a wide variety of financial services, and Our clients may be interested in pursuing services separately provided by an affiliate. The affiliate's business with the client could create an incentive for Us to recommend a course of action designed to increase the level of the client's business activities with the affiliate or to recommend against a course of Revised 12/1/2022 Page 1 161 action that would reduce the client's business activities with the affiliate. In either instance, We may be perceived as recommending services for a client that are not in the best interests of Our clients, but rather are in Our interests or the interests of Our affiliates. Accordingly, We mitigate any perceived conflict of interest that may arise in this situation by disclosing it to the client, and by requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that it is suitable for the client in light of various factors, after reasonable inquiry, including the client's needs, objectives and financial circumstances. Further, We receive no compensation from Our affiliates with respect to a client introduction or referral. If a client chooses to work with an affiliate, We require that the client consult and enter into a separate agreement for services, so that the client can make an independent, informed, evaluation of the services offered. Disclosure of Conflicts Related to the Firm's Compensation From time to time, We may be compensated by a municipal advisory fee that is or will be set forth in an agreement with the client to be, or that has been, negotiated and entered into in connection with a municipal advisory service. Payment of such fee may be contingent on the closing of the transaction and the amount of the fee may be based, in whole or in part, on a percentage of the principal or par amount of municipal securities or municipal financial product. While this form of compensation is customary in the municipal securities market, it may be deemed to present a conflict of interest since We may appear to have an incentive to recommend to the client a transaction that is larger in size than is necessary. Further, We may also receive compensation in the form of a fixed fee arrangement. While this form of compensation is customary, it may also present a potential conflict of interest, if the transaction requires more work than contemplated and We are perceived as recommending a less time consuming alternative contrary to the client's best interest so as not to sustain a loss. Finally, We may contract with clients on an hourly fee bases. If We do not agree on a maximum amount of hours at the outset of the engagement, this arrangement may pose a conflict of interest as We would not have a financial incentive to recommend an alternative that would result in fewer hours. We manage and mitigate all of these types of conflicts by disclosing the fee structure to the client, and by requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that it is suitable for the client in light of various factors, after reasonable inquiry, including the client's needs, objectives and financial circumstances. Disclosure of Conflicts Related to the Firm's Compensation Structure for Our Registered Advisors. Pursuant to various employee compensation structures, from time to time We offer certain of Our registered municipal advisors ("Registered Advisors") financial benefits based on his or her business plan, client base, performance, and/or transactions closed. This provides an incentive for such Registered Advisors to seek to retain additional clients and/or transactions or services from clients. While this form of compensation may be customary in some segments of the municipal advisory market, provision of such financial benefits may be deemed to present a conflict of interest. We manage and mitigate these types of conflicts by Registered Advisor's adherence to Our Code of Ethics and Policies and Procedures, and by requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that it is suitable for the client in light of various factors, after reasonable inquiry, including the client's needs, objectives and financial circumstances. Disclosure Concerning Provision of Services to State and Local Government, and Non -Profit Clients We regularly provide financial advisory services to state and local governments, their agencies, and instrumentalities, and non- profit clients. While Our clients have expressed that this experience in providing services to a wide variety of clients generally provides great benefit for all of Our clients, there may be or may have been clients with interests that are different from (and adverse to) other clients. If for some reason any client sees Our engagement with any other particular client as a conflict, We will mitigate this conflict by engaging in a broad range of conduct, if and as applicable. Such conduct may include one or any combination of the following: 1) disclosing the conflict to the client; 2) requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that it is suitable for the client in light of various factors, including the client's needs, objectives and financial circumstances; 3) implementing procedures that establishes an "Informational Bubble" that creates physical, technological and procedural barriers and/or separations to ensure that non-public information is isolated to particular area such that certain governmental transaction team members and supporting functions operate separately during the course of work performed; and 4) in the rare event that a conflict cannot be resolved, We will withdraw from the engagement. Disclosure Related to Legal and Disciplinary Events As registered municipal advisors with the Securities and Exchange Commission (the "SEC") and the Municipal Securities Rulemaking Board (the "MSRB"), pursuant to the Securities Exchange Act of 1934 Rule 15Bal-2, Our legal, disciplinary and judicial events are required to be disclosed on Our forms MA and MA -1 filed with the SEC, in `Item 9 Disclosure Information' of form MA, `Item 6 Disclosure Information' of form MA -1, and if applicable, the corresponding disclosure reporting page(s) ("DRP"). To review the foregoing disclosure items and material change(s) or amendment(s), if any, clients may electronically Revised 12/1/2022 Page 2 162 access PFM Financial Advisors LLC filed forms MA and MA -I on the SEC's Electronic Data Gathering, Analysis, and Retrieval system, listed by date of filing starting with the most recently filed, at: PFM Financial Advisors LLC — htt s/(www ec.. cv/cgi b nlbrr�wsc ecJ Aarl ?company °°lip M+t'inancial owner e clucie caciion etcofl amy III. Specific Conflicts of Interest Disclosures — City of Boynton Beach (FL) — Contract Extension August 2, 2023 — Auizust 1, 2025 To Our knowledge, following reasonable inquiry, we are not aware of any other actual or potential conflict of interest that could reasonably be anticipated to impair Our ability to provide advice to or on behalf of the client in accordance with applicable standards of conduct of MSRB Rule G-42. IV. Municipal Advisory Complaint and Client Education Disclosure The MSRB protects state and local governments and other municipal entities and the public interest by promoting fair and efficient municipal securities markets. To that end, MSRB rules are designed to govern the professional conduct of brokers, dealers, municipal securities dealers and municipal advisors. Accordingly, if you as municipal advisory customer have a complaint about any of these financial professionals, please contact the MSRB's website at vww sr r. qfS, and consult the MSRB's Municipal Advisory Client brochure. The MSRB's Municipal Advisory Client brochure describes the protections available to municipal advisory clients under MSRB rules, and describes the process for filing a complaint with the appropriate regulatory authority. PFM's Financial Advisory services are provided by PFM Financial Advisors LLC. PFM's Swap Advisory services are provided by PFM Swap Advisors LLC. Both entities are registered municipal advisors with the MSRB and SEC under the Dodd Frank Act of 2010. Revised 12/1/2022 Page 3 163 6.F Consent Agenda 06/20/2023 Commission Meeting Minutes. Requested Action by Commission: Approve minutes from the May 13, 2023, May 30, 2023, and June 6, 2023 City Commission Meetings and Workshops. Explanation of Request: The City Commission met on May 13, 2023, May 30, 2023, and June 6, 2023, and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: 05-13-2023 CC Strategic Planning Workshop Minutes.pdf 05-30-2023 CC Park Impact Workshop Minutes.pdf 05-30-2023 CC Strategic Workshop Minutes.pdf 06-06-23 CC Park Impact Workshop #2 Minutes.pdf 06-06-2023 CC Minutes.pdf 164 Minutes of the City Commission Strategic Planning Workshop Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Saturday, May 13, 2023, at 9:00 A.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz (Left at 1:00 P.M.) Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 9:00 A.M. Roll Call Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Commissioner Woodrow Hay. Invocation was given by Commissioner Hay. Pledge of Allegiance to the Flag led by Vice Mayor Turkin Thomas Turkin. Vice Mayor Turkin led the Pledge of Allegiance to the Flag. 2. Other A. Informational items by the Members of the City Commission. Commissioner Kelley stated that she spoke to Lyle Sumek. Commissioner Hay stated that he had no disclosures. Vice Mayor Turkin stated that he spoke to Lyle Sumek. He wished all the mothers a Happy Early Mother's Day. Commissioner Cruz stated that she spoke to Lyle Sumek. Mayor Penserga stated that he had no disclosures. 3. Strategic Plan Discussion 165 Meeting Minutes City Commission Strategic Planning Workshop Boynton Beach, FL May 13, 2023 A. Topics of Discussion 1. Leadership and Strategic Planning Workshop: Purposes and Agenda 2. City as a Team 3. Leadership Challenges for City Leaders 4. Strategic Planning Model for City of Boynton Beach: Overview 5. Performance Report 2022-2023: Overview 6. Looking to Boynton Beach's Future: Overview 7. Boynton Beach Vision 2038 8. City of Boynton Beach: Our Mission 9. City of Boynton Beach: Core Values 10. Goals for 2028: Overview 11. Next Steps Daniel Dugger, City Manager said that they are meeting to see what the next 5 years will look like for the City. Lyle Sumek, Strategic Planning Consultant, asked how formal they want this, because normally this is an informal workshop. He said that the interviews were very productive, and this is a working document. He stated that he put together a framework for the City, and this is a building block for the future. He mentioned that he had staff fill out a form that shows what they thought were the successes and failures in the past. He said that they will see a work program that will be used on a daily basis. He spoke about the following: governance vs. politics; section 1, page 3- Commission Manager form of government; page 17- teamwork, diversity of views and ideas; celebrating successes with our community; true champions building the next generation of leaders; section 2, page 19, living in turbulent times; tackle response to disinformation; focusing on value to the community; next generation of government workers; infrastructure; section 3, page 3 - public service and quality of life; section 3, page 2- strategic plan mission; 5 year map that will be addressed when we get back together; what is the purpose of City government; and what do you expect of an employee. Mayor Penserga stated that he would like to amend the agenda to add public comment at this time. Public Comments - Harry Woodworth stated that he came to represent 12 communities and asked when the public can be engaged and involved. Susan Oyer stated that there should be community input. She said that they represent the community, and the Commission will not know what the residents want, if the community is not involved. She mentioned that this should not be at 9am on a Saturday morning. She asked where the food is for the public, like they have had before. She said 4 166 Meeting Minutes City Commission Strategic Planning Workshop Boynton Beach, FL May 13, 2023 that the City Attorney cannot even answer questions asked. Mr. Sumek stated that they can have a community summit, and this is not a final document. He spoke about the following: Section 6- Vision 2038- safe community. Mayor Penserga stated that all 20 of these are great, but we need to focus down on a few. He asked if we can add construction sites to Safe buildings and homes, for complying with City code and regulations. He said that for #7, he would like to make sure that we have a well -executed plan for emergencies other than Hurricanes. Commissioner Kelley stated that with #7, knowing what the roles of the Commission is very important. She said that it is important to know what they can and cannot say, and when and how they stay in their lane. Mayor Penserga stated that he is worried about a communication crisis. Commissioner Hay stated that with #11, he likes having visible Police presence, but there is a level of trust that is needed in the community. Commissioner Cruz stated that she is looking at #11, #13, #18, and #3, and said that she thinks those can be combined. She mentioned that she would like to make sure that the senior citizens are feeling safe, like the rest of the community. She commented that she would like to add customer services to this list, which can be added to #1. Vice Mayor Turkin stated that we can be clean and safe when there is more sense of pride with the community. He said that this hits on the point of more Police presence. Mr. Sumek stated that he would like to keep these separate and then combine them at a later time. Commissioner Kelley stated that with #11, the residents just want to know that the Police are out there, because it helps when they are more visible in the streets, so she is not for combining the items. Commissioner Hay stated that mental health awareness is a major issue in our society, and he would like for the community to know that this is a major concern of the City. Mr. Sumek stated that he will add that to #8. Mayor Penserga stated that Jewish Family Services are willing to provide Mental Health Training. He said that many times first responders are expected to deal with homeless people, but it is not fully their responsibility. He mentioned that he attended a seminar where many players were involved, to be able to help the homeless situation. 167 Meeting Minutes City Commission Strategic Planning Workshop Boynton Beach, FL May 13, 2023 The Commission was asked to give the top 9 items that are important to them, which they provided. Mr. Sumek spoke about Principle 2, beautiful community. Mayor Penserga stated that sidewalks and medians are the first thing that residents see, so he thinks there should be some clear rules that they should be kept clean. Commissioner Hay spoke about the lighting being very dark in Boynton Beach, off of US1, and there should be more lighting. Vice Mayor Turkin stated that there should be a focus on Federal Highway. Commissioner Cruz would like to combine #3 and #6, in regards to keeping it well maintained and well lit. She spoke about policies to keep HOA's accountable for these items as well. Mayor Penserga said that he would like to add that it drives him crazy when there is loose trash on the streets, and some of it is because there are separated garbage cans by the bus stops, instead of something that cannot tip over and scatter trash Mr. Sumek stated that the City of Kissimmee has underground garbage containers, so he can add options to deal with that. Vice Mayor Turkin stated that he lives in a neighborhood that is not HOA, and residents are not being held accountable. Commissioner Kelley stated that there are a lot of inconsistencies in the medians, such as landscaping and maintenance. Commissioner Hay spoke about the CRA sunsetting in 15 years, and he said that he would like to see them fulfill their purpose for the downtown area. He mentioned that he would like there to be equality to appearance throughout the City. The Commission was asked to give the top 9 items that are important to them, which they provided. The consensus was #1, #2, #3, #4, #6, #10, #12, #16, and #17. Mr. Sumek spoke about Principle 3, Congress District. He asked what else they would like to see. Mayor Penserga stated that he would like to add Arts and Culture to #2. Vice Mayor Turkin stated that he would like to see redevelopment of the mall. He said that he would like to see some form of recreation, commercial, housing, sports related 4 168 Meeting Minutes City Commission Strategic Planning Workshop Boynton Beach, FL May 13, 2023 activities, etc., bringing year-round entertainment. Commissioner Cruz stated that we need to think about the people that live in that area. She said that she envisioned a mixed-use development, for people within and outside of our City to come to. Vice Mayor Turkin stated that he agrees that what is there needs to be as viable as possible. Mr. Sumek added a unique multi -experience venue for this area. Commissioner Kelley stated that the west side of the City does not have that community space area. She said that we are getting away from the need for a large office space, and there are more locations that can focus on smaller office spaces that are rented out on a short-term basis. Mayor Penserga stated that they do have a lot of residents on the other side of this area, and he would like to include other means of getting around in the area. He spoke about being flexible with office spaces, and his ultimate goal is to raise median income, but the small businesses usually do not help with the goal. Commissioner Hay stated that it would be nice to have citywide internet. He spoke about #11 and having a garage built because parking is a major challenge. Mr. Sumek stated that they can add mobility options to #11. Vice Mayor Turkin stated that if there is going to be housing here, we need to focus more on bringing the high paying jobs to the City. Mayor Penserga stated that people do not typically want to be transient, but many people cannot afford to buy a house, which is why they are renting apartments. He said that he has asked staff to visit the Boca Raton Innovation Campus, because it is a good model for what he would like to see in the mall area. Commissioner Cruz said that she has had many conversations with residents that are moving away because they can no longer afford it. She stated that there is a lack of workforce housing in Districts 1 and 4, and suggested that we look into purchasing a piece of the land at the mall property, so that we can have a seat at the table to decide what will go there. She mentioned that we can also change the zoning, so that we can help out with what will be going in that area. Mayor Penserga asked if the Commission would be open to creating some sort of CRA for the west side of this area, and there was consensus from the Commission to add this to the area. 169 Meeting Minutes City Commission Strategic Planning Workshop Boynton Beach, FL May 13, 2023 Vice Mayor Penserga spoke about a workforce housing fund to be utilized in that area. Commissioner Hay stated that we are in a mobile society and a lot of them do not want a mortgage. Commissioner Kelley spoke about the special districts and struggling with them, because there are ways that we can incentivize businesses to come into the City, without taxing the community. She spoke about having homeownership opportunities in all districts. The Commission was asked to give the top items that are important to them, which they provided. The consensus is #2, #3, #4, #10, #11, #15, #18, and #20. Mr. Sumek explained about the remaining sections to cover. Mayor Penserga recessed for lunch at 12:24 P.M. Mayor Penserga reconvened the meeting at 1:05 P.M. Commissioner Cruz did not return to the dais. She left at 1:00 P.M. Mr. Sumek spoke about Principle 4- Downtown/Cultural District. Vice Mayor Turkin stated that we need to add parking to this list. He said that he liked everything on the list, but heading to the Marina/Waterfront it is important to see how we can expand that. There was discussion regarding entertainment at nighttime, in addition to daytime. Commissioner Kelley spoke about incorporating daytime activities for people like seniors. Mr. Dugger spoke about bringing activities here, such as yoga on the lawn. Mayor Penserga stated that he does not want the City to become a drunken Avenue. He mentioned that we have mangroves in our area and protecting it is important, and he wishes that people had access to it. Commissioner Hay added wanting wider sidewalks to #1. Glenn Weiss, Public Art Manager, spoke about a goal of the Art Board to turn the downtown into an Arts Destination, not only Kinetic Art. The Commission was asked to give the top items that are important to them, which they provided. The consensus is #1, #2, #3, #11, #13, #16, and #17. 170 Meeting Minutes City Commission Strategic Planning Workshop Boynton Beach, FL May 13, 2023 Vice Mayor Turkin spoke about expanding the Marina. Mr. Sumek stated that the tie-breaker would be #12. He spoke about Principle #5, livable community for all. Vice Mayor Turkin mentioned that there is some redundancy in different categories. He asked that the ones that are repeated, be deleted, #5, #7, and #10. Commissioner Hay stated that some of these cannot be measured, like residents taking pride of their City. There was discussion regarding the following: different things that residents may do when they take pride in their community; effective traffic calming; consolidating #16 and #3; enhancing sustainability; and electric vehicles preparation, strategic charging stations in different locations in the City. The Commission was asked to give the top items that are important to them, which they provided. The consensus is #3, #6, #14, #21, #23, with tie breaker #21. Mr. Sumek spoke about Principle 6- Fun experiences for all. There was discussion regarding access to the beach, and fun for both residents and tourism. The Commission was asked to give the top items that are important to them, which they provided. There was discussion regarding combining some items. The consensus is #1, #2, #4, #6, #12, #17, #18, #20, and #21. Mr. Sumek spoke about Principle 7- strong and diverse local economy. The Commission was asked to give the top items that are important to them, which they provided. The consensus is #1, #3, #6, #8, #10, #12, #13, #14, and #15. Mr. Sumek spoke about the mission of the City, section 7. The Commission spoke about different words that they would use in the blank spots in the mission statement. Mr. Sumek spoke about Principle 1- Financially responsible and sound. The Commission was asked to give the top items that are important to them, which they provided. The consensus is #1, #3, #4, #5, #6, #7, #9, #13, and #18. 7 171 Meeting Minutes City Commission Strategic Planning Workshop Boynton Beach, FL May 13, 2023 Mr. Sumek spoke about Principle 2- Municipal Services. The Commission was asked to give the top items that are important to them, which they provided. The consensus is #1, #2, #3, #6, #7, #12, and #14. Mr. Sumek spoke about Principle 3- Plan and invest in the future. The Commission was asked to give the top items that are important to them, which they provided. The consensus is #1, #2, #3, #6, #13, #14, and #15. Mr. Sumek spoke about Principle 4- high performing City team. The Commission was asked to give the top items that are important to them, which they provided. The consensus is 41, #4, #6, #10, #11, #16, 412, and #13. Mr. Sumek spoke about Principle 6- Engaged Boynton Beach Community. The Commission was asked to give the top items that are important to them, which they provided. The consensus is #1, #2, #3, #5, #8, #13, and #14. Mr. Sumek spoke about the core values for the City. He gave the Commission an assignment to comeback with their individual perspective of their core values. He spoke about the acronym for SPIRIT, for the City. He stated that he is going to change the Goal 1- a Vibrant City, based off of what they went over today. He said that they will prioritize everything and will discuss it at the next meeting. Motion Vice Mayor Turkin moved to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 3:17 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jes6s, MMC City Clerk N 172 Minutes of the City Commission Meeting City Commission Workshop Park Impact Fee Workshop & Extraordinary Circumstances Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, May 30, 2023, at 5:30 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Angela Cruz Commissioner Woodrow L. Hay 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 5:31 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Commissioner Woodrow Hay. Invocation was given by Commissioner Hay. Pledge of Allegiance to the Flag led by Mayor Ty Penserga. Mayor Penserga led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Vice Mayor Turkin moved to approve the agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other Informational items by the Members of the City Commission. There were no disclosures. 3. Presentation A. Parks and Recreation Facilities Impact Fee Public Workshop and Extraordinary Circumstance Meeting Presentation Receive a presentation and report by the City's consultant, Raftelis 173 Meeting Minutes City Commission Meeting Boynton Beach, FL May 30, 2023 Financial Consultants Inc., regarding their findings and recommendations for an update to the City of Boynton Beach Parks and Recreation Facilities Impact Fee. Amanda Radigan, Planning and Zoning Director, provided a short summary of the impact fee process. Shawn Ocasio, Consultant, spoke about what they will review today. He explained the following: Extraordinary Circumstance Meeting; background and purpose for study; legal considerations; legal considerations (cont.)- Florida Impact fee; and legal considerations (cont.)- limitations on increasing impact fees. Mayor Penserga asked to him to elaborate on extraordinary circumstances and what qualifies. Mr. Ocasio stated that it has to do with the level of capital investment, and that population growth can also be a driver. He continued his presentation as follows: Impact fee criteria; fee calculation methodology; city service area forecast; current and projected population and dwelling units (1); occupancy factors; level of service; level of service (cont.); and summary of capital costs. Mayor Penserga asked how we came up with the $73.9M figure. Mr. Ocasio stated that they looked at both the near-term CIP and long-term CIP. He continued as follows: calculation of maximum supportable impact fee; existing and proposed impact fees; and impact fee comparison- single family. Commissioner Cruz asked about the multi -family comparison. Mr. Ocasio explained how they come up with the common fee. Ms. Radigan added that they are based off occupancy. Mr. Ocasio finished by reviewing the recommendations. Mayor Penserga stated that this is just a presentation, and no final decisions are being made today. He asked staff if they need direction. Ms. Radigan stated that they need an implementation method to design the ordinance including whether the Commission is comfortable implementing the full amount and implementation timing. City Attorney Cirullo reiterated what the state statute requires for this to pass. 4 174 Meeting Minutes City Commission Meeting Boynton Beach, FL May 30, 2023 Ms. Radigan stated that the fees are not paid by the residents, and this is on the developers to pay. Commissioner Kelley asked about the options for a gradual implementation. Ms. Radigan stated that there are two factors; but the decision is whether they will implement the full fee or continue to give a discounted fee. She suggested that for timing, she would recommend a 4 -year phase, which is required by law. She explained the options of discounts that can be done. Mr. Ocasio cautioned that if you go pass 2 years of phasing, you might run the risk of undermining the conclusion, so he recommends 2 years. Commissioner Hay asked how they came up with the figure for impact fees. Mr. Ocasio explained their method of forecasting the impact fees. Commissioner Hay mentioned that the fees have been very high and asked how we stack up to other municipalities around us. Ms. Radigan reiterated that this is not a fee for the residents, it is a fee for the developer. She stated that it is important to know that 10 years ago, the fee was discounted 64% and said that the original fee compared to now is only a $110 fee difference. Vice Mayor Turkin asked for context regarding the last update 10 years ago. Ms. Radigan explained the fee 10 years ago and the fee that the City is taking responsibility for. She said that this fee will only be on new development. Vice Mayor Turkin stated that we are not seeing a lot of single-family development, so he would like more information about this. Commissioner Cruz asked what this fee will be used for. Mr. Ocasio explained that it will be to purchase new land and improve existing capital facilities. Commissioner Cruz stated that we do need to have green space and we are a growing population, and we are running out of space. Vice Mayor Turkin asked if this would cover increased labor cost. Mr. Ocasio responded no. 3 175 Meeting Minutes City Commission Meeting Boynton Beach, FL May 30, 2023 Mayor Penserga stated that they need to give direction to staff. He asked if we want to proceed with this park impact fee, and at what amount. Vice Mayor Turkin stated that he is okay moving forward and we should do what we can to represent the taxpayers. Commissioner Hay wants to proceed and not put the burden on the taxpayers. Mayor Penserga asked if they would like to move forward with the full amount, no discounts. Vice Mayor Turkin and Commissioner Hay both replied yes. Ms. Radigan stated that there can be options for full amounts in phases. Commissioner Cruz stated that this could possibly help incentivize builders. Mr. Adam Temple, Assistant City Manager, stated that they can bring back information at the next workshop as they do not anticipate a first reading until June 20. Commissioner Kelley stated that this will come as a sticker shock to some developers, and she would like to see options. She said that she does not like the discounted option. Mayor Penserga stated that there is consensus for the full amount, and staff will come back with options for the full amount. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission). Harry Woodworth stated that he would like to congratulate the Commission for doing something that has been ignored for 10 years. He said that we should just move forward with it and stop delaying. Cindy Falco De Corrado stated that ultimately it still goes back to the people paying for this, in rent. She said that there should be grants or other options for developers, to cover this cost. There were no virtual speakers. 4 176 Meeting Minutes City Commission Meeting Boynton Beach, FL May 30, 2023 5. Adjournment Motion: Vice Mayor Turkin moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 6:33 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jes6s, MMC City Clerk 177 City Commission Workshop- Strategic Plan & Budget Priorities Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, May 30, 2023, at 6:30 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Angela Cruz Commissioner Woodrow L. Hay Commissioner Aimee Kelley Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 7:08 P.M. City Clerk Maylee De Jesus, called the roll. A quorum was present. 1. Opening Overview by City Manager Daniel Dugger Daniel Dugger, City Manager, stated that this will be regarding the Fiscal Year 23/24 budget outlook. He spoke about the City spending more than we are making. He explained cutting the deficit from $11 M to $2.2M. He explained the different challenges that the City was having and ways to help offset cost as follows: they are proposing increasing the fire assessment by $30; slightly reduce the CRA budget; annexing western parcels into the City; or moving from an ad -valorem tax to a fee-based tax. He said that Davenport will go into depth. 2. Presentation A. Fiscal Year 2024 Budget Presentation Commission Discussion and Review. B. Davenport Presentation Commission Discussion and Review. Mara Frederiksen, Finance Director, stated that this is the first workshop prior to the July workshop. She said that currently the $2.2M deficit does not incorporate the ARPA funds or increase to the Fire Assessment. She spoke about the Fiscal Year 23/24 as follows: 2023 Budget workshop schedule; 2023 Budget hearing/adoption schedule; purpose of budget workshop; budget workshop- general fund revenue highlights; budget workshop - general fund highlights; general fund balance status; general fund FTE count with other funds this correlates to recurring salaries and benefits costs; appropriation summary; and millage rate. Mayor Penserga commented about the projected net ad -valorem taxes and asked if there's a historical trend. Ms. Frederiksen explained the 12.6% that was given to the City by the County, which equates to about $400-500K. 178 Meeting Minutes City Commission Workshop Boynton Beach, FL May 30, 2023 Mayor Penserga asked if we factored in insurance savings. City Manager Dugger stated that this does not include any mid -year budget adjustments savings, which is going to be the healthcare savings of between $1-2M. Mayor Penserga mentioned that he does not want people thinking there is a major deficit, as many adjustments will be made. Ms. Frederiksen stated that there is less of an increase than in the past, and she said that in better economic times, we need to put more money into reserves. She introduced Kyle Lox and Joe Mason, from Davenport Public Finance, who assisted with this budget. Mr. Lox spoke about the following: background/goals and objectives; and current financial situation. Mr. Mason stated that the City is not alone in the current situation because many municipalities are going through this same issue. He spoke about structural balancing of budgets. Mr. Lox spoke about the general fund and historical total taxable value. Mr. Mason stated that although we have a lot in the pipeline, if the economy turns on us, it will slow down revenue. Mr. Lox continued as follows: current financial situation (continued)- operating budget; general fund balance/reserves; and fund balance/reserves recommendations. Mr. Mason stated that these are our formal recommendations, and they are recommending that the emergency reserve be more sacrosanct. He said that the City needs to think strategically of where they want to be in 3-5 years from now, and he spoke about sustainability. Mr. Lox continued as follows: recommended policy enhancement; available fund balance ratio (%); tax supported debt profile; decline in debt services; capital improvement programs; funding sources for general government fund 2023/2024; and main takeaways. Mayor Penserga thanked staff for involving Commission from the very beginning, and he thanked the people at Davenport for their recommendations. He said that he thinks they can go above 12%, as a matter of policy. He asked what is the going percent for emergency reserves. Ms. Frederiksen stated that she provided what the neighboring cities typically reserves. She said that the Government Finance Officers Association (GFOA) recommends 60 days of operating funds. She stated that we are at 16% of our general fund in emergency 179 Meeting Minutes City Commission Workshop Boynton Beach, FL May 30, 2023 reserves and we are one of the lower cities with reserves. She explained what the reserves are used for. Mayor Penserga stated that we should have it as a matter of policy to have a plan to consistently put money aside into our reserves. Mr. Lox stated that we should be proactively thinking about saving reserves years out in advance. City Manager Dugger stated that pre -funding is the reason why they are in deficit, and they would like to keep from kicking this down the road. Commissioner Cruz stated that we should save money now. Vice Mayor Turkin agreed and said that he would like to see what some of these solutions look like and what the financial benefits to the City are. Commissioner Hay agreed and asked about the expenditures and revenues washing out. Mr. Lox explained how they are trying to get the expenditures and revenues to equal out, but they would have to put money in a savings for an emergency. Mr. Mason explained tapping into emergency funds but then rebuilding it, by virtue of process. Ms. Frederiksen stated that they will be talking about the ad -valorem taxes, and other presentations that will be given tonight. City Manager Dugger explained using a fee-based system, instead of the ad -valorem system that we currently use, and which would be a safer option for the City. Commissioner Kelley asked for an explanation if they must use the emergency reserves, and our funds are below policy, how do we recover from that. Mr. Lox stated that there should be a mechanism in the policy of how they can use the funds, and a timeframe to recover those funds. Mayor Penserga asked if we were to have extra funds, is there a way to accelerate the payments and reduce interest payments over time to pay more into the principal. Ms. Frederiksen stated that there is an opportunity in 2027 to refinance the Town Square payment, and we can rework the payment so that we are not paying so much. Mayor Penserga asked about the surtax cap fund 303. 3 180 Meeting Minutes City Commission Workshop Boynton Beach, FL May 30, 2023 City Manager Dugger stated that he heard that the County is going to narrow the scope, to be able to use the funds for transportation, and those funds might go away. Mayor Penserga stated that one of our greatest revenue makers is water, and asked if we transfer funds into the reserves from there. Ms. Frederiksen explained what funds comes in from utilities, and what it can be used for. Dr. Poonam Kalkat, Utilities Director, explained why they have a cap in how much can be transferred to the reserves. She spoke about using utility funds for other things that are not water/sewer/stormwater. Commissioner Cruz asked how the fees are charged. Ms. Frederiksen explained how the fees work, including a fair and reasonable apportionment to both residents and commercial. 3. Continued Presentations A. Opportunities for Budget Stabilization Ms. Frederiksen explained the fire assessment 2023-2024 as follows: case law requirements; fair and reasonable apportionment; hardship exemptions; exemptions; and fire assessment fee comparison. Commissioner Kelley spoke about the fire assessment fees in other municipalities sunsetting. Ms. Frederiksen said that she will look into that further. Mayor Penserga asked for a comparable graph to other municipalities. Andrew Mack, Deputy City Manager, stated that he pays over $800 in just fire assessment where he lives in Wellington. Ms. Frederiksen spoke about the current rate scenario and exemptions options. Vice Mayor Turkin stated that he believes we do need to expand options. He said that he does not want to put residents into a bind. City Manager Dugger stated that if we increase 20%, he would like to increase the exemptions to help those residents. 4 181 Meeting Minutes City Commission Workshop Boynton Beach, FL May 30, 2023 Mayor Penserga asked what the residents are saying when they come to apply for the exemptions. Ms. Frederiksen explained our exemption options and different reasons residents do or do not qualify. Commissioner Cruz spoke about staff time increase with helping residents apply for the exemptions. There was discussion regarding the following: contracts, renewal rates being lower than other agencies; what other municipalities do we service; analysis of service to other municipalities; and having options for exemptions. Dr. Kalkat spoke about the Fiscal Year 2023/2024 rate study as follows; historical rates adjustments; existing monthly bill vs neighboring utilities; and what the monthly bill pays for. Mayor Penserga asked if the fee is the function of the size of our City. Dr. Kalkat explained what other municipalities might be doing and said that many of them are doing rate studies for this reason. Deputy City Manager Mack explained why we are currently working on the rate study. Dr. Kalkat continued as follows: actual operating results vs budget; primary increase drivers; historical/projected rates adjustments; existing/proposed bill vs. neighboring utilities; affordability indicators; and recommendations. Commissioner Kelley asked if we service outside of the City and if there would be an increase for everyone. Dr. Kalkat responded that for inside, it would be 10%, but there is legislation going on that changes what the residents outside of City limits are charged. Mayor Penserga said that he is interested about knowing what the outside customer limit is. Commissioner Kelley asked that we distribute responsibility and charge the outside residents too, not just increase our residents 10%. B. Strategic Plan (Lyle Sumek) Overview and Wrap-up Commission Discussion and Review. Mayor Penserga asked how we feel about continuing the meeting, and Vice Mayor 5 182 Meeting Minutes City Commission Workshop Boynton Beach, FL May 30, 2023 Turkin stated that he is in favor of rescheduling. Commissioner Hay agreed with rescheduling the strategic plan. Kathryn Matos, Assistant City Manager, stated that she will confirm with Mr. Sumek about his availability. There was consensus to postpone Mr. Sumek's presentation. Mario Guzman, Director of Public Works, stated that they are reassessing their fees, to increase into the general fund. He spoke about the following: current state of affairs; current rates; residential actual/comparative fees; roll off actual/comparative fees; and summary. Mayor Penserga said that he would like to see a holistic picture, so they can prioritize. Kacy Young, Recreation and Parks Director, spoke about the following: Recreation and Parks Department parking services; Oceanfront Park hourly parking rates (current); and Oceanfront Park hourly parking rates (proposed). Mayor Penserga asked if data is collected for how long people are parking for. Mr. Young said that they can provide those reports that show that information and how many permit holders are parking at the beach. Mayor Penserga asked if people are parking at the beach for an extended period of time. Mr. Young said that the assumption they are making is that people are parking for longer periods of time because it is cheap. He said the permit holders are also parking with no time duration. Commissioner Hay asked how much the parking permit is. Mr. Young replied that it is currently $50. He continued his presentation as follows: Harvey E. Oyer, Jr. Park hourly parking rates (current); Harvey E. Oyer, Jr. Park hourly parking rates (proposed); and Oceanfront resident annual parking permit (current). Commissioner Kelley asked about the non-resident rate. Mr. Young replied that the non-resident rate is $200. He said that the senior rate is $50. Mr. Young continued by reviewing Oceanfront resident annual parking permit (proposed). 183 Meeting Minutes City Commission Workshop Boynton Beach, FL May 30, 2023 Vice Mayor Turkin said that he is not in favor of increasing the rate for seniors. Mr. Young clarified that they are not proposing an increase for the Harvey Oyer boat ramp. Vice Mayor Turkin said that he would be ok with increasing the non-resident permit rate. Mayor Penserga agreed with parking preference for residents over visitors. He asked for data to show residents vs. non-resident parking stays. He said that the non-residents are only a tiny fraction of residents. He spoke about micro mobility services to bring people to the beach. Mr. Young said that they can tell who are the non-residents from the permit holders, but they cannot distinguish on the daily parkers. Commissioner Cruz said that the residents on the west side do not have the ability to park at the beach because the spots are all taken. She agreed with the suggestion to provide transportation from the west side to the east side. Vice Mayor Turkin said that he cannot support a 50% increase for seniors. He mentioned that he likes the idea of priority parking once there are better transportation options. Commissioner Hay said that he does not want to put additional burdens on seniors. Commissioner Kelley asked what the huge increase is coming from regarding the senior permits and asked for the data. Commissioner Cruz spoke about the different rates for full-time seniors that live here and the snowbirds. Vice Mayor Turkin suggested that we request a homestead exemption to see if a resident is a snowbird or not. He said that we should increase the rates of parking at the beach, to increase the value of our beach. Mr. Young concluded by reviewing the Parking Services Division revenue from beach parking and boat ramp parking. He said that this information is to date, and they may get more parking permits. Ms. Frederiksen stated that she does not have a presentation on the ARPA funding, but noted they are not using any of the ARPA Funds for balancing of the budget. She said that there is $4.5M left to utilize for projects. Vice Mayor Turkin asked for an elaboration on the vaccine incentive. 184 Meeting Minutes City Commission Workshop Boynton Beach, FL May 30, 2023 Ms. Frederiksen explained the vaccine incentives. Ms. Frederiksen stated that she does not have a presentation for the millage rate, but explained what the request for the increase is. Mayor Penserga said that we have a fundamental problem, but if we switch to a fee base, we might be able to collect more revenue. He asked if this makes it fairer whether you own property or not, or it is only if you use the services. Commissioner Cruz asked about the fee base services and if we could charge per person in each household. Ms. Frederiksen responded potentially, but they would have to look into it. There was discussion about getting many options to decrease the deficit and increase revenue. Mayor Penserga asked to have CRA present, if we are going to talk about decreasing their funding. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission). There were no public comments. 5. Administrative Information A. Proposed July Budget Workshop Dates • Monday July 10th, 2023 - 9:00 A.M. to 5:00 P.M. • Tuesday July 11th, 2023 - 9:00 A.M. to 5:00 P.M. Ms. Frederiksen asked about the dates and time, and said that they currently have them scheduled for 9:00 A.M. — 5:00 P.M. Mayor Penserga said that he is comfortable with this. Commissioner Cruz asked to have a Saturday or a weekday night for one of the meetings. There was discussion regarding the times and dates. N 185 Meeting Minutes City Commission Workshop Boynton Beach, FL May 30, 2023 There was consensus on Monday, July 10 from 9:00 A.M. - 5:00 P.M., with the possibility to finish on Thursday, July 13 at 5:30 P.M. 6. Adjournment Motion: Vice Mayor Turkin moved to adjourn the meeting. Commissioner Cruz seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 10:31 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 186 Minutes of the City Commission Meeting City Commission Workshop Park Impact Fee Workshop #2 and Extraordinary Circumstance Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, June 6, 2023, at 5:30 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Angela Cruz Commissioner Woodrow L. Hay Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 5:35 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Other Informational items by the Members of the City Commission. There were no disclosures at this meeting. 2. Presentation A. Parks and Recreation Facilities Impact Fee Public Workshop and Extraordinary Circumstance Meeting Presentation Amanda Radigan, Planning and Zoning Director, provided a brief overview of the request and process. Mr. Shawn Ocasio, Consultant, spoke about what they will review today. He explained the following: extraordinary circumstance meeting; background and purpose for study; legal considerations; legal considerations (cont.); impact fee criteria; fee calculation methodology; City service area forecast; current and projected population and dwelling units (1); occupancy factors; level of service; level of service (cont.); summary of capital costs; calculation of maximum supportable impact fee; existing and proposed impact fees; impact fee comparison — single family; and recommendations. Ms. Radigan stated that there were handouts distributed that shows the three different implementation options. She reviewed the options. 187 Meeting Minutes City Commission Workshop Boynton Beach, FL June 6, 2023 Mayor Penserga reiterated that the two options are going to a full amount or a discount, and should it be implemented all at once or in phases. Commissioner Cruz said that the best option seemed to be the full fee with 75% to begin, which gives a temporary 25% discount to developers. Ms. Radigan stated that all options are supported by staff, and they would need to give a 90 -day notice from the effective date to implement it. Vice Mayor Turkin said that he is comfortable with staff's recommendation of the maximum fee over the two years. Commissioner Hay said that he supports the maximum fee over two years. Commissioner Kelley said that she can support that as well. She thanked staff for the presentation. She asked if a homeowner would need to pay this fee if the home is destroyed by fire. Ms. Radigan stated that as it is currently drafted, they would not need to repay the fee to rebuild, if they have already paid it in the past, and they would have a credit. There was discussion regarding different situation examples. Mayor Penserga said that he is in favor of the full amount all in one year, but he is okay with the consensus from the Board. Ms. Radigan said that they will have the first reading at the next meeting, and a second reading at the following meeting. 3. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission). Ms. Susan Oyer asked how this applies to historic homes that were built before these fees were implemented. She said that fires and hurricanes happen, so she would like to know what would happen. Mayor Penserga said that they will get the answer to her. There were no virtual comments. 4. Adjournment 4 188 Meeting Minutes City Commission Workshop Boynton Beach, FL June 6, 2023 Commissioner Hay asked for a list of the parks that we have. Ms. Radigan said that she believes the City has 32 parks and she can get them a list. Frankie Lazo, Assistant Director Parks Recreation and Parks, said that there are 32 recognized parks and then additional land the City owns. Motion: Vice Mayor Turkin moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 6:07 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 3 189 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, June 6, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Woodrow L. Hay Commissioner Cruz Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:08 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Amanda Martell, Journey Church. Invocation was given by Pastor Martell. Pledge of Allegiance to the Flag led by Commissioner Hay Commissioner Hay led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Mayor Penserga stated that there has been a change to Item 6G, and the Bill Tome Foundation is being removed from the list. Commissioner Kelley asked about Future Agenda Item D. City Attorney Cirullo said that it is with him for a comprehensive review, but he will be discussing it soon and it should move forward in July. Commissioner Hay stated that he would like to pull item 61 and would like to amend the Future Agenda Item 13 -Cemetery, so it is heard at the next meeting. 190 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 Mayor Penserga asked if Item 13 requires staff research and if they are ready. Deputy City Manager Mack stated that they will have the info ready for the next meeting. Mayor Penserga added discussion on having a July 5th meeting or roll that into the next meeting, and said that it will be Item 11 B. Vice Mayor Turkin asked staff to look at the City Manager report, to get an update on the Future Agenda Items, so things do not fall through the cracks. Mayor Penserga asked for clarification if he wanted the dates or an update on these items with the City Manager report. Vice Mayor Turkin stated that he would like a written report, to see where we are at and what obstacles we are running to, so they are kept in the loop. Mayor Penserga suggested to do it before adjournment. Vice Mayor Turkin stated that he would like a consistent report. He said that he would like to add a discussion regarding Time Square, regarding a fact-finding analysis. Mayor Penserga agreed, and said that we should discuss these items. He stated that he asked for a discussion on Time Square, so they can learn what happened. Commissioner Hay said that he is comfortable with the discussions, but in terms of lessons learned, not pointing fingers. Commissioner Cruz asked to have this discussed at the end, or at the next meeting, if the meeting is running too late. There was consensus on having the discussion today, as Item 1213. Commissioner Cruz wanted to add an update on current and past grants for this fiscal year on future updates. She said that we should be trying to work towards getting as many grants as possible, and then show outcome, to see if we are being successful. Mayor Penserga asked if this could be at the next meeting. Mara Frederiksen, Director of Finance, stated that the annual grants presentation will be given at the next meeting. 191 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 Motion: Commissioner Kelley moved to approve the agenda, as amended. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz stated that she did receive an email from an individual from AirBnb but she did not get to respond. Vice Mayor Turkin said that he received the same email and did have a chance to speak to with the individual. Mayor Penserga said that he just came back from the United States Conference of Mayors, and he has not yet read the refenced email in his inbox. Commissioner Hay said that he received the same email. He noted that he attended the Haitian Flag Event, which was great. He stated that he attended the Riverwalk Ribbon Cutting today and it was a great success. Commissioner Kelley stated that she received the email regarding Item 12A, and an email from Bonnie Miskel's office regarding Item 8C. She said that she attended the Memorial Day Celebration, which was great. Mayor Penserga recognized an employee of the City. He said that she came here through CareerSource, and afterwards we hired her, then she was eventually promoted to the Commission Aide position, and will be moving into another position. He mentioned that she received a scholarship from PBC League of Cities. He said that the employee is Kendra Brown. He presented Ms. Brown with a certificate. Ms. Brown thanked staff for the recognition and said that she is honored to be here. She mentioned that she came here as a temporary employee and explained her work history with the City. 3. Announcements, Community and Special Events And Presentations A. Announcement- Juneteenth Celebration. Mayor Penserga announced this event. B. Presentation of the "Bob Borovy Student Citizen of the Year" award by the 3 192 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 Education & Youth Advisory Board. Franky Lazo, Assistant Director Recreation and Parks, introduced the item. Pedro Marcello spoke about the history of this award. He presented this award to Jessica Wilkinson. He spoke about some of Ms. Wilkinson's accomplishments. He presented her with a plaque. Miss. Wilkinson thanked everyone for selecting her. She said she appreciates this opportunity. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 -minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mark Karageorge stated that he wants to bring up some things from an economic development standpoint that the City needs to do, he spoke about the following: grocery store on MLK; need for class A office space; and need for hotel east of 1-95. Susan Oyer agreed with Mark about what the City needs. She stated that she is here to talk about sustainability. She said that we would have been the leader on sustainability with the prior Commission. She spoke about the Sara Sims Park and planting trees there. She asked where the trees are at there, because two-thirds of them are gone. She said that we need to stop adding palm trees to the City. Tory Orr stated that he is here on behalf of the black community and asked Commissioner Hay to step down from the Commission. He asked for his termination and said that Commissioner Hay is not being effective in District 2. He commented that it is ashamed that they are not getting a response from him. He stated that he is glad that Juneteenth is finally being celebrated. James Young said that he wants to help fix the City. He stated that the youth is the future, and he is looking for investors and donations to help the kids, to have somewhere to go and learn. He spoke about different things that can be done for the kids of the community including his organization Positive Engine Corp. Harry Woodworth stated that he is representing Inca today, and that the City has been promoting density, which is not what they want. He asked for the code to be cleaned up. He spoke about the short-term rentals and issues with them. Thomas Theboe, AKA Nature, stated that he is the owner of plantation. He said that we 4 193 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 are on the path of destruction. He spoke about having a path to paradise. Barbara Ready stated that she is happy to see the donations to the Boy Scouts, and she would like to see the Girl Scouts get an equal donation. She spoke about Bob Borovy. 5. Administrative 6. Consent Agenda A. Proposed Resolution No. R23-067- Interlocal Agreement with School Board of Palm Beach County. B. Proposed Resolution No. R23-068- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for Intention Enterprises, LLC. C. Proposed Resolution No. R23-069- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for Zelta Home Watch, LLC. D. Proposed Resolution No. R23-070- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program, for Margo's Kitchen, LLC. E. Piggyback the Brevard County Contract with SP Designs for the purchase of uniforms for the City's general employees. F. Proposed Resolution No. R23-071- Assignment Agreement to change the business name of Granite Inliner, LLC to Inliner Solutions, LLC. G. State Forfeiture Donation - Law Enforcement Trust Fund. H. Police Accounts Receivable Write Off Request I. Proposed Resolution No. R23-072- Waiver of Right of First Refusal. J. Proposed Resolution No. R23-073- Amended MOA for Boynton Beach Blvd. K. Proposed Resolution No. R23-074- Restaurant Concession for the Links at Boynton Beach 5 194 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 L. Proposed Resolution No. R23-075- Wireless Leasing and Administration Services. M. Settlement in the case of Natalie Flake v. City of Boynton Beach. N. Legal Invoices April 2023. O. Commission Meeting Minutes. Commissioner Cruz requested to pull Items 6E, 6G, and 6K. Commissioner Hay requested to pull Item 61. Commissioner Kelley stated that she wanted an update on the small business grant program, but does not necessarily need to pull the items. Mayor Penserga asked for a quick update from staff on grants. Assistant City Manager Adam Temple Adam said that they allocate $25K annually and spoke about the Marketing Digital Grants and what has been awarded and the monies left. He stated that businesses can apply online for the grant. Motion: Vice Mayor Turkin moved to approve the remainder of consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 6E. Piggyback the Brevard County Contract with SP Designs for the purchase of uniforms for the City's general employees. Ms. Frederiksen was available to answer questions regarding Item 6E. Commissioner Cruz spoke about the amount for prior fiscal years being much lower and asked for clarification. Ms. Frederiksen said that this contract is specifically for the blue- and white-collar employees, for the Recreation and Parks Department for camp, and for some other employees, as needed. She said that the amount is an estimation. Commissioner Cruz said that they discussed using local businesses for these items. She asked for Board consensus to do a one-year renewal, with a potential to renew, if no local vendor is identified. 195 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 Ms. Frederiksen stated that this was bid out in 2020, and there was a local vendor, but the local vendor was third. She explained the process that they would need to do. Commissioner Cruz said that if it would be okay to do it for the one year, and then put the bid out. Ms. Frederiksen stated that it is up to the Board. Mayor Penserga restated that Commissioner Cruz would like to decrease the contract term to one year and then go out to bid for local vendors. Commissioner Kelley stated that we are at the last year of the 4 -year contract. Ms. Frederiksen said that they will be going out to bid next year, this would only be approved for this year. Motion: Commissioner Cruz moved to approve Item 6E. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 6G. State Forfeiture Donation - Law Enforcement Trust Fund. Mayor Penserga invited Commissioner Cruz to speak on why she pulled Item 6G. Commissioner Cruz stated that she wanted to pull this because only Boy Scouts were listed here and not Girl Scouts. She said she would like to now table the item. Deputy City Manager Mack said that there is time sensitivity with the Bulldogs. Commissioner Kelley asked if the Police Department is maxed out on funds. She said that she is fine with tabling this, but wanted to know if there were additional funds available. Chief DeGuilio said that the Boy Scouts of America is the host for the Explorer Program, so that is why there is that connection. He said that there is an application submission process for requesting funding. Vice Mayor Turkin asked if we would be okay to move forward with this and then bring this back with the Girls Scouts also applying for it. Chief DeGuilio stated that they can let them know about the opportunity and can help 7 196 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 them. Commissioner Kelley stated that she will connect Chief DeGuilio with one of the local Troop leaders. Motion: Vice Mayor Turkin moved to approve Item 6G, with the removal of the Bill Tome Foundation line item, Commissioner Kelley seconded the motion. The motion passed unanimously. 61. Proposed Resolution No. R23-072- Waiver of Right of First Refusal. Commissioner Hay spoke on why he pulled Item 61. He asked to have staff comments on this item and its impact. RJ Ramirez, Community Program Manager, explained the waiver of right of first refusal. He spoke about the different City programs that we have, including the SHIP program. Motion: Commissioner Hay moved to approve Item 61. Commissioner Cruz seconded the motion. The motion passed unanimously. 6K. Proposed Resolution No. R23-074- Restaurant Concession for the Links at Boynton Beach. Commissioner Cruz explained why she pulled Item 6K. Commissioner Cruz said that she had some questions about the bid process and the amount of payment that the vendor is proposing. She stated that it seems like we are giving this away. Kristeena Pinto, Purchasing Manager, spoke about the history of this item, and the bid process. She explained the issues that they have been having with the prior vendor and the current vendor, and their investment into this property. Commissioner Cruz said that she does not know if paying for a new kitchen is a big deal, but she understands the legal situation that we had. City Attorney Cirullo confirmed that the lawsuit was related to the RFP. �1 197 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 Commissioner Cruz asked about the outcome of the RFP. Ms. Pinto said that Mr. Wong and Mr. Studebaker would have won the RFP. Commissioner Cruz spoke about liabilities. Ms. Pinto explained the process of a standard RFP. Mayor Penserga asked about the backstory of this item. City Attorney Cirullo explained that there was an issue with the bid, and it was determined it was best to cancel the procurement process. There was discussion about the history of this bid. City Attorney Cirullo stated that this is part of our procurement code and is not unusual if you had an unsuccessful solicitation that a direct negotiation would occur the second time around. He said that he is not aware of any legal objections to this. The discussion continued regarding the history of this bid. Commissioner Kelley asked if this is just now coming before them because of the delay and injunction. Ms. Pinto responded yes, and sad that the vendorjust left the premises on May 31, 2023. Mayor Penserga stated that a part of him wonders if we can get a better deal. Commissioner Cruz reiterated what the options are: approve this or go back out to bid. Ms. Pinto spoke about the clientele that has been going through that area, and what revenues they are losing. Commissioner Cruz recommended going back out to bid. Vice Mayor Turkin spoke about the options that we have. He said that there is an opportunity there, and he does not want to hold off too much on this, but said that we need to get the best deal possible. Mayor Penserga said that he does not want negotiations on the dais. Commissioner Hay stated that he understands, but said that he is ready to move forward 4 198 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 with the deal as is. Commissioner Kelley stated that she has concerns of when this leaves the golf course. She spoke about not knowing whether they could get a better deal or not. Ms. Pinto spoke about the revenue that they have been receiving. Commissioner Kelley said that she is comfortable moving forward with this, because it is for 5 years. Deputy City Manager Mack asked to have the Golf Course Manager come forward. Bo Preston, Golf Course Manager, spoke about the kitchen being empty right now. He said that the City will be getting a benefit and explained how many golfers come through The Links. He said that this vendor's food is top notch. Mayor Penserga stated that the whole facility needs to be fixed, and we need a high-level vendor in this location. He said that he is in the middle of this with his decision and noted that 30 more days may not be a big deal if they put it back out for 5 years. He asked why this item was brought up now and not before the other vendor left. City Attorney Cirullo stated that there were two other opportunities for the prior vendor to leave, in March and May, and they wanted to make sure he honored the terms of the settlement before they moved forward with the replacement vendor. Commissioner Cruz stated that there might be a communication issue with this. She said that she would like to know about issues before they are put on the agendas for the Commission to vote on. Vice Mayor Turkin stated that he did make a motion to approve this. He asked for an estimate on their investment for the kitchen. Anderson Studebaker stated that the investment is between $28-32K. He spoke about the history that they have at this location and other locations. He spoke about the work that needs to be done at this location. He stated that this is beyond what was awarded. Deputy City Manager Mack asked who will own the equipment after the lease term. Wylon Wong responded that the City would own the equipment. Mr. Studebaker explained the responsibilities. 10 199 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 Commissioner Cruz thanked them for their information. Motion: Vice Mayor Turkin moved to approve Item 6K. Commissioner Kelley seconded the motion. The motion passed, 4-1. Mayor Penserga voted in opposition. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R23-076- Esri Small Government Enterprise Agreement. B. Proposed Resolution No. R23-077- Approve Award of Bid No. UTL23-025 for Silverwood Area Wastewater Force Main Installation C. Increase the estimated annual expenditure of the US Communities Contract # R -TC -17006 with Amazon Business. D. Bid Extensions and Piggy -Backs Over $100,000. Motion: Commissioner Cruz moved to approve the Consent Bids and Purchases over $100,000. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 23-009- Second Reading- Towing Services Administrative Charge. City Attorney Cirullo read the title into the record. Mayor Penserga opened to public comment. There was no public comment. Motion: Commissioner Hay moved to approve Ordinance No. 23-009. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. Commissioner Kelley was not present for the vote. 11 200 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 B. Proposed Ordinance No. 23-010- Second Reading- Historical Designation of 413 NE 12th Avenue. City Attorney Cirullo read the title into the record. He swore in those who would speak on this item. He said that there will be public comment on this item. Jae Eun Kim, Principal Planner, said that this is second hearing and there have been no changes. City Attorney Cirullo suggested a brief synopsis. Ms. Kim spoke about 413 NE 12th Avenue and their request for the historical designation; character features; additions/alterations; and qualification for designation. Mayor Penserga opened to public comment. Victor Norfus, son of the property owner, was sworn in. He gave a brief history of the property. Barbara Ready stated that she is the chair of the Historic Preservation Board, and that they are on board with this. She spoke about being put on the local honor and its benefits. She clarified that she was sworn in. Susan Oyer said that she was sworn in, and that this is an endeavor that this be passed. She stated that she was excited to hear about the history of this family. Thomas Thebo stated that he wrote a proposal for this house to be renovated, which would be significant for this property. There were no virtual comments. Motion: Commissioner Hay moved to approve Ordinance No. 23-010. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. C. Proposed Ordinance No. 23-011- First Reading- Amendments to the Land Development Regulations for car washes and indoor training facilities. Mayor Penserga said that there will be public comment on this. 12 201 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 City Attorney Cirullo read the title into the record. Andrew Myer, Senior Planner, spoke about the car wash and indoor athletic instruction/training facilities as follows: summary of changes; car wash- what's changing; car wash -what's not changing; indoor athletic instruction/training facilities; other accessory uses within REC Zoning District; and questions. Commissioner Hay asked if there were conditions of approval. Mr. Myer responded no. Commissioner Kelley asked how this affects mobile car washes. Ms. Radigan said that this would not affect mobile car washes. Commissioner Cruz asked if there will not be protection from the sun and if it is required or not. Ms. Radigan stated that there are no standards around car washes, and explained what this is for. She said that they could add an amendment to include shelter. Commissioner Cruz said that she would like to add that amendment. Mayor Penserga asked for consensus. Vice Mayor Turkin stated that hurricane preparedness needs to be considered here. Commissioner Kelley asked where they draw the line on this. She explained her concerns. Ms. Radigan explained the different car wash requirements. Commissioner Cruz suggested adding clarity on what car washes would require certain aspects of this. She asked how popular these are. Ms. Radigan stated that these are very popular and there are not a lot of places for them to go to. She said that she has noticed that self-service detailing is very popular. Commissioner Cruz asked about the change in square footage and inquired about the standard size. Ms. Radigan explained space requirements. Mayor Penserga opened public comment. 13 202 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 Vic Montleon, President of Mint Eco Car Wash, requested a few minor tweaks to the language. He explained the requested changes. Bonnie Miskel, on behalf of Mint Eco Car Wash, continued to speak on the request and the documents that were passed to the Commission. Thomas Thebo stated that it would be a good opportunity to show a potential of a screen, which would be easy to take off during hurricane season. Susan Oyer asked how this will impact older car washes. She spoke about not taking the Little League space away. She spoke about trees being torn down to put in the bigger facility. Barbara Ready stated that she attended the Planning and Development Board meeting and said that this was odd that this was moving forward together, and they separated it. She said that she would hesitate to support this because there has not been enough research done on this. One Virtual hand raised, but Phil Toronto did not unmute his mic. Ms. Radigan said that these were lumped together for specific reasons and explained why. Vice Mayor Turkin stated that he does like the idea of separating these two items. Ms. Radigan stated that these are not specific to sites, it just falls under the same ordinance. There was discussion regarding having these two topics move forward together; what businesses would be affected or not; code requirements with parking at the car wash; and difference between accessory use and principal use of facilities. Motion: Commissioner Cruz moved to approve Ordinance No. 23-011. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business 11. New Business A. Proposed Resolution No. R23-078- Purchase Agreement and Donation 14 203 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 Letter Between City of Boynton Beach and FDOT for 2191 North Seacrest Boulevard. Deputy City Manager Mack introduced this item. He showed the map of the property and explained the offer. Commissioner Hay asked about drainage in this area. Deputy City Manager Mack explained that they are going to help alleviate some of the drainage issues in the area. He said that there is a tenant here, and DOT is asking for them to stay in this property until 30 days prior to demolition. Mayor Penserga opened to public comment. There was none. Motion: Commissioner Hay moved to approve Resolution No. R23-078. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. B. July 5th City Commission Meeting There was consensus to cancel the July 5th City Commission meeting. Mayor Penserga opened to public comment. There was none. Motion: Commissioner Hay moved to cancel the July 5th City Commission meeting. Vice Mayor Turkin seconded the motion. In a roll call vote, the motion passed unanimously. 12. Legal A. Proposed Ordinance No. 23-012 - First Reading - Proposed regulations for Short -Term Rentals City Attorney Cirullo read the title into the record. Michael Rumpf, Planning and Zoning, spoke about the following: Overview; legal limits to local regulations; observations/comparisons; short-term rental fees; proposed ordinance - design strategy; anticipated problems and corresponding regulations; traffic and vehicle parking; excessive occupancy; unruly behavior; property damage and personal injury; and final notes and considerations. 15 204 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 Commissioner Kelley thanked Mr. Rumpf for this detailed presentation and asked if there will be a window for compliance, how heavy will this be for staff, and how many applications would we have. Saleca Brown, Development Services Manager, stated that there are over 1,200 rental properties but there is no way for them to identify ones that are Airbnb. She said that they notate it internally and there are less than 10 properties that are currently flagged. Mr. Rumpf spoke about staff research and said that there are about 450 properties that would qualify as short-term rental. Commissioner Kelley talked about making the application clearer, and how they can make penalizations stronger. Ms. Brown explained what the penalization process is. Commissioner Kelley asked what we can do when there are chronic issues with these kinds of properties. There was discussion regarding the following: suspension and revocation schedule; proposal to add fines; format and structure for posting; how do we stack up to surrounding municipalities; pilot program first to make tweaks, if needed; illegal activities happening in these properties; amending to add responsibility by the property owner; zoning restrictions; adding prohibiting gangs; trash regulations; parking; add implementing fee if the police have to be called more than once a day; maximum fee being excessive; public nuisances; checks and balances; protecting residents and making them feel safe in their own homes; how this would be implemented; expanding the application processes; including communication in Business Tax Receipt renewals; communication with Community Standards; software to track down short term rentals; fines being for certain infractions that is already State law; education to residents is the first goal; public friendly code amendments will be marketed to residents; acknowledging that property owners are aware of the rules; clarification of irreversible and irreplaceable changes; violation penalties and Special Magistrate decisions. Commissioner Cruz wants to support this but wants to have some changes, including the $15K charge. Mayor Penserga said that there is a process and asked for thoughts/compromises. Commissioner Hay said that rules are rules, and it is an "up to" charge, so if someone is &.1 205 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 constantly a problem, then this is there for us to use. He said he doesn't have a problem with the $15K fine. Ms. Brown spoke about FL State Statute, and the City having their own rules. There was further discussion regarding the $15K penalty. Commissioner Hay suggested that this should be a workshop. Mayor Penserga proposed support moving forward on first reading and recommends a separate meeting just for this item. He requested a workshop. City Attorney Cirullo clarified that the workshop should happen first and then second reading would be after that. There was discussion regarding a date for the workshop. Ms. Radigan asked for clarification on what they want reviewed. There was consensus to hold a workshop on June 20th at 5:30 P.M., and push back the City Commission Meeting to 6:30 P.M., and the second reading would then be at the next meeting. Motion: Vice Mayor Turkin moved to approve Ordinance No. 23-012. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. B. Town Square Discussion Commissioner Cruz left the dais at 10:35 P.M. and returned at 10:37 P.M. Vice Mayor Turkin proposed to have staff come back with fact finding analysis on what happened with Town Square and how to prevent it from happening again. Commissioner Hay asked what staff would be included. Mayor Penserga said that he hoped for policies to minimize what happened. City Attorney Cirullo asked for clarification on what to bring back. Deputy City Manager Mack said that they could lay out what it could look like at the 17 206 Meeting Minutes City Commission Meeting Boynton Beach, FL June 6, 2023 second meeting in July. 13. Future Agenda Items A. Advisory Board Annual Reappointments and Appointments.- Tabled from April 4, 2023. -TBD B. Discussion for Ordinance regarding tints for paraphernalia shops. -TBD C. Discussion regarding future cemetery lots in Boynton Beach. -TBD D. Discuss and review Advisory Board Ordinance changes- first reading. - TBD E. Consider revised local rules for approval. -TBD F. Discussion regarding downtown parking master plan. -TBD G. Discussion regarding changing minimum requirements for traffic studies. - TBD H. Discussion regarding bringing more jobs to the City at former ToysRUS.- TBD I. Discussion regarding housing for the homeless in the City.- TBD J. Discussion regarding Grant Program for HOA's. - TBD Motion: Vice Mayor Turkin moved to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 10:39 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 18 207 7.A Consent Bids and Purchases over $100,000 06/20/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/20/2023 Task Order No. CRSUTL-02-2023 for Watershed Master Plan Requested Action by Commission: Approve Task Order No. CRSUTL-02-2023 with Lori Lehr, Inc. in the amount of $329,110.00 in accordance with RFQ No. UTL23-001 for Community Rating System (CRS) and Climate Resilience Planning Professional Support Services awarded by City Commission on May 2, 2023 for tasks associated with the development of the City's Watershed Master Plan - Grant Funded. Explanation of Request: The City of Boynton Beach (the City) is undertaking the creation of a Watershed Master Plan (WMP) to meet that requirement within the Community Rating System (CRS) Program. The City is currently a CRS Class 5 which means that most National Flood Insurance Program (NFIP) flood insurance policy holders receive a 25% discount on their annual flood insurance premiums. The discount is a direct result of the City's floodplain management practices that are credited under a multi -tier CRS program. Having a WMP that meets the CRS program requirements will satisfy one of the CRS criteria for moving to a CRS Class 4, offering a 30% discount to NFIP flood insurance policy holders. According to the CRS Coordinator's manual, the purpose of watershed planning is to provide a tool that can be used in decision-making to reduce flooding from future conditions which can include development/redevelopment, climate change, and sea level rise. This grant -funded deliverable will be prepared with this leading purpose, but also to provide a strong baseline for future work within the City. This project affords the City an opportunity to enhance relevant datasets, explore climate vulnerability, and modernize some of its stormwater information. How will this affect city programs or services? The Task Orders will provide for the completion of the Watershed Master Plan, by providing the pre -requisite for the City to achieve a CRS Class 4 ranking, which will increase the flood insurance discount from 25% to 30% for property and business owners in the City. In addition, this project will provide a detailed understanding of how the City's stormwater system will operate under flood conditions, enhancing the City's ability to mitigate flooding and build resilience to sea level rise and climate change. 208 The CRS program supports the implementation of climate adaption strategies recommended by the 2021 Multi -Jurisdictional Climate Change Vulnerability Assessment. The City's continual improvement in the CRS program, along with active participation in the Palm Beach County Local Mitigation Strategy (LMS), the 2019 Repetitive Loss Area Analyses, and the 2020 Flood Mitigation Plan, improve the City's competitiveness for state and federal grant programs to implement future flood mitigation and resilient infrastructure projects. Fiscal Impact: On December 1, 2023 the City received a Hazard Mitigation Grant (HMGP) contract H0861 to prepare a Watershed Master Plan in the amount of $246,832.50 (75% federal share) for this project, with a required 25% City match of $82,277.50 that is budgeted in the Utilities CIP. The Contract has a period of performance ending in September 30, 2023. The City is working with the Florida Division of Emergency Management (FDEM) to secure a one year extension. Attachments: 4337 -4 -Pg -City of Boynton Beach -Executed Contract (12-2-22).pdf Boynton Beach WMP Task Order No. CRSUTL-02-2023 6.5.23.pdf Executed Contract - RFQ UTL23-001 CRS Professional Svs Resolution R23-052 209 DIVISION OF E Ron DeSantis Governor Ms. Angela Prymas, P.E. Senior Engineer 124 E Woolbright Rd Boynton Beach, FL 33435 STATE OF FLORIDA MERGENCY December 1, 2022 Re: 4337 -4 -Pg, City of Boynton Beach Dear Ms. Prymas: MANAGEMENT Kevin Guthrie Director Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract number H0861 between the City of Boynton Beach and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at In:p°fill„ ii,llou. �irm�eii,µliw,i lr �i„ynllglimli„ gll��n. The Project Manager for this contract is: Marilyn Montgomery, Project Manager Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Marilyn Montgomery at (850) 270-7423. Respectfully, Digitally signed by Laura Dhuwe Laura D h uwe Date:2022.12.01 12:58:01-05'00' Laura Dhuwe Bureau Chief, Mitigation State Hazard Mitigation Officer Enclosure DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard ANvw.Florid Disaster.ag 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 21 0 Agreement Number: H08161 Uaw .M MIIIII IIIII IFIFIIIIIIIIIIII III Ill I I 1 1 - I . .. . I I I 1131 IIII11TVIIIIIII I ill 1 11 As defined by 2 C,FRo §200.1, "Sub-Reciplent" means "'an entity, usually but not limited to non - Federal entifies that receives a subaward from a pass-through entity to carry out part of a Federal MMM As defi ned by 2 C. F 6 R. §2M 1, "Federal award" means "Feid!eiral financial assistance that a non- Fndaml attitv rernivps Arectiv fro -it v Fader2lowva Ill I friiii g o ss-, I As defined by 2 C,F.R. §200.1, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub,-Reciplenit to carry out part of a Federal award received by the pass-thirough trifity." The following information is provided pursuant to 2 C.F.R. §20U32: Sub -Recipient's name: Cuts wok.,(? y I Sub-Recii1pient's unique entity identifier (UEI/FEIN): Federal Award Ideon Nliumber Federal Award Date� Siubaward Period of'Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: by the passi-through entity to include this Agreement: Tota;l Amount of the Federal I Award committed to the; r" 4Y by the pass-through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: ....................... 11MVIT-411 lill"km..BlCYA.;Iq Upon, execution thru September 30, 2023 $246,832M $246,83250 t 50i Watershed MeNwt Plan Federal EmnencyM2nAa ent.A9.2rigy FL I Divisiof Erne e py Mpnqq9ment on marilyti.mionLgomeU&!em.myfloridai,clom 97.039 Hazard Mitigation Grant Program N/A N/A 211 THIS AGREEMENT is entered into by the State of Florida, Divis,ion of Emergency M'anageme with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Boynto Bieach, (hereinafter referred to as the "Sub -Recipient"), I! IT !!I III !!111 NOW iiiiiiiii I !1 1 � I III I I 1 0 outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement, —OWNIMMUS Me MI A '?Tau-rqrFaKWww T1,#j iris, d"t funds," Therefore, section 215.971 , Florida Statutes, entitled "Agreements funded with federall or state I assistance", applies to this Agreement. Ir I , I . 991MM 200, entitled "Uniform Administrative Requirements, Cost Principles,, and Audit Requirements for Federal Awards." ZIM1111111111,11II ;��!lqili�lilil��IIIII ir I Z1115,1: I i 141 1 �l!jIl��I��i I ill!I11 1111!11111:11: 1111111!11:1r; li; ; IiI mm�� must be received and accepted in writing by the Division before payment, Each deliverable must be and the criteria foj evaluating the successful completion of each deliverable. A I I I I 1! 31111 r 111 71110111 111 III I 0 "1 lk� 111111111111111111 1 MMM�� IN 212 111019M M01 c. In addition to the foregoing, the Sub-Rec:iplent and the Division shall be governed by g1l applicalible State and Federal laws, rules and regulations, including those identified in Attachment B. no other statute, ru!le, or regulation applies. (3) !qONTACT a. In accordance with section 21,5.971(2), Florida Statutes, the Division's Grant Manager shall be responsit le for, enforcing performance of this Agreement's terms and conditions, and shall serve as the Division's liaison with the Sub-Recipienit. As part of his/her duties, the Grant Manager for the Division shall: L Monitor and docurnent Subi-Recipient performance, and, Review and d�ocument all deliverabiles for which the Sub-Repient requests Lmzzc�� Project Manager Bureau of Mitigation r*444,-z-& taA 2555 Shumard Oak Boutevard Telephone: 850-270-7423 Email: rnaril [Wfigridgcomi The Diivision's, Alternate Grant Manager for this Agreement Project Manager H�azard Mitigation Grant Program 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Telephone: 850-879-0872 Email: watershiedilplanning@em,myflorida.com M 4 K orliff,mmu - =I. IHBMLT-2�� WVMMUZM» w � Senior Engineer 124 E Woolbright Rd Boynton Beach, FL 33,435 Telephio61-742-6421 Email: prymasa@b1i the event that different representatives or addresses are designated by either party after execution ofthis Agreement, notice of the name, title and address of the new representative will be provided to the other party, III! I I I I i I I I i: Ili•M 111 I TORINO IMMUNE My III I III I 12- 1w»M Either party may request modification of the provisions of this Agreement. Changes ,11YW17dYe'dX will , i the original of this Agreement. ME= 10 21 L941 1131 Welift0i _;m;. M V. M I.A.—M 11111 Ill Ill !!I IIIII ill 30 2023, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement, Consistent with the defin ition of "period of performance" contained 00 1, thie term "period of »w .a refers to the time during which the Sub -Recipient "miay incur new obligations to carry ®, the work authorized under"' this Agreement. Inaccordance with section 215,971(l)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreernent"only for allowable costs resulting from obligations incurred during" the period of agreement. M 214 ..,.,.M' W*--willillill IWO V accordanice with either chapter 216, Florida Statutes, or the Florida Constitution, i i i I I i I I ill !I i i I I i I I iii 1 11 1 ! I Subi-Reciplient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outfined in Attachment A of this Agreement ("'Budget anid Scope of Work"), The maximum reimbursement amount for the entirety of this Agreement is $246,832.50. iii I 11i ::ill' lill i J 11!1111111111 Jill 11111111111iJillilli illill 111111 11 ll 1111111 ;Jilill 1111111111111 1 111M T Lill l must include a certification,, signed,by anr official who is authorized to legally bind the Sub-Recipien , which reads as folilows: "By signing this report, I certify to the best of my knowledge and belief that the WXAxi Jill - purposes andobjectives set forth in the terms and conditions of the Federal award, I amil aware that any false, ficil Qir fraudulent information, or the ornission of aniy material fact, may s civil! or administrative pe:naities for fraud,, false statements, false claims or otherwise. (U.S. Code Title 18, Section 10011 and Titie 31, Sections 3729-3730 and 3801-3812)." Mil 11#5111MMMMMAMM 11MOMO;3WAiniiiiiii I $ - I'll I that clearly: deliineatesi: The required minimum acceptable level of service to be performed; and, H. The criteria for evaluating the successful completion of each; deliverable, remains consistent with the irequiiirement for a 'performance goalwhich is defined in 2 C, F.R. §2M 1 44: a target level of performance ex�presseld as a tangible, measurable objective, against which actual g.chievement can be compared," It also remains consistent with the requirement, contained in 2, CY.R S,200.3291, that the Division and the Sub -Recipient "relate financial data to performance goals and Fbjectives, of the Federal award," Wil i J lJJJJlJ'iJJJ MINIMUM I ill I Sub -Recipient for overtime expenses in accordance with 2 C.FiR. §200l,430 ("Coimplensation—personal services") and 2 C,F,R, §200.431 ("Compensation—fringe benefits"), If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (See 29 U.S.0 §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 CJ §200,431 (a) defines fringe benefits as, "allowancesand services provided by employers to their employees as compensation addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as, the benefits are reasonable and are! required by law, Sub-Recipi.ent-employee agreement, or an established pol icy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides thatthe cost of fringe benefits ini M 215 tS A 9bGWiJM4"XM,, such as for annual leave, family -related leave, sick leave, holidays, court leave, military, leave, administrative leave, and other sim,ilair benefits, are allowable if all of the following criteria are met: They are provided under established written leave policies; The costs, are equitaNy allocated to all related activities, including Federal JIM IlTillillil Will III 111 1 11 . . .. 0 1 1 Sub -Recipient for travel expenses in accordance with 2 C.FoR. §200,474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance withl section 112,061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeiks reimbursement for trave!l costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($i6 for breakfast, $11 for lunch, anid $19 for dirmer), then the Sub -Recipient must provide documentation that: ililll!ll 2 Iff ; 111 111 111 111 Ill III Jill lial ill I and produce a final reconciiiation report, The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. UP111WIVIWAMPI-11) MAI administrative, or other legally applicable requirements; andI, III I M I Mw3= SOKRJUIJVdiff M16M, any paITTIFF 1 1712 grrru 17 sill payments where authorized by law), any payment that does not account for credit for applicable disco I iiiiiii1 11 1 - - - - - eviAwir fbtrr discerning whiether a payment was proper. MBEMH� I I I I W! � I I I 1 1 1! i! 1 1! 11 � I I E= shall enimn the ri, hit of access to adocumen wawters or other records of the Sub -III pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts, The rig 4 V interview anid discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. i the State of Floriida, the Florida Auditor General, or any of their authorized representatives, shall enjoy t right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and! transcripts. The right ofaccess also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to suich documents. 11 Florida 6tatutes) and by 2 GI,F& §2*0.334the Sub-Necipient shall retain sulft—ienfne—cords to show its compliance with the terms of, this Agreement, as well as the cwl!ialin,ce of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are thie only exceptions to the, five (5) year requirement: - - iii - -- .1 11 - F16-MUITU•CS ii *,, I:, , - ft -t iiiii 1 .1.1 1 T have been resolved and final action taken, IllJlliIl IT 1 11 �ii MINIMUM � III III � 'III CKMMM�� awarding agency, www,ency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period, Ii JIM iiiii�lll!i;i,ilillilIll I �I I I 1!!I!IillllIilll!ll!! !Ilili!llll!ll Jill I I r ! I I III 11,! ImIlmll 1 1!111 Jill 1 �3-1 I 1 LWI= =�MTM CAM JIMCUrf—lawara #I r e 11 MTP 141 from the end of the nion-Federal entity's fiscal year in which the program income is earned, I'll MINIM lilliffliliffli 1 11 applies to the following types of documents and their supporting records'. indect cost rate computations or proposals, cost allocation pl�ans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benIefit rates). 217 11ITT! R 1111"Ill 111 IT 11 1 111=11031= the records possess long-term retention value. paper versions of Agreement information to and from the Sub-Reciplent upon request, If paper copies are submitted, then the Division must not require more than an original and two copies, When original records are electroinic and caninot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electroinic media plrovided that they are subjIect to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable, VN�M I I I , MMM= to safeguard protected personally identifiable information and other information the Federal awarding ii I! S i MINE I iii I i I P iii i I I R �'i andi local governments as well, as to private entities acting on their behalf, Unless specifically exempted entity acting on behalf of such an a�ge!ncy) in conjunction with official business which are used to M MR perpetuate, •, a„ or formalize knowledge qualify as public records suibject to public inspection. The mere receipt of public: funds by a private entity, standing alone, is insufficient to bring that entity within the ambof thie public record requirements, However, when a public entity delegates ai public function to a private entity, the records generated by the private entitys performance of that duty become public records, Thius, the! nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subiect to the requirements of Florida's, Public Records Law. subcontractors or consultants to be paid from funds provided under this Agreementincluding and objectives of the Budget and Scopeof WoA - anid all other applicable Jews and regulations. IFTHE CONTRACTOR HAS QUESTIONS REGARDING THE AXII PLICATIONOF CHAPTER 119, FLORIDA STATUTES,, TO THE, CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS REiLAT'IN�, TO THIS CONITRACT,i CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-7'671 Records@emmyfloridaxNr. m, or 255 Shumard'Oak Boulevard, Tallahassiee,i FL, 323i99., a. The Sub -Recipient shall comply with the audit requirements contained in, 2 CF.R. Part 200, Subpart F. Suib-Re!cipient shall follow Generally Accepted Accounting Principles ("GAAP"), As defined by 2 CF.R S12K 1, GAAP "has the meaningil specified in accouinting standards issued by the Giovernimenit Accounting Standards Board (GASB) and the Finiancial Accounting Standards Board (FASBi)."' the Division shalil use Generally Accepted Government Auditing Standards ("GAGAS"). As, defined by 2 C. FR. §200i. 1, GAGAS, "also known as the Yellow Book, meansi generally accepted govern ment auditing standards issued by the Comptroller General of the United States, which are applicable to financial all iffilifillilifflill 1,1011 I !1111 ii 11500MS-507 1�11 MUMMA accordance with the conditions of this Agreement, the Subi-Recipient shall be held liable for reimbursement to the Divi�iiSiOAL-o-fq-Ltv-nO,.%.�w-L%wlli'-A=��-�ce=m�0-tX&.QR-2��kl�2�W40-gvwv* Agreement provisions within thirty (30) days after the Division has notified the Suwiient of such noll compliance, 219 11 �ililill Jill 11911!111 311 =1 I - . - I — IM secu7n /. r�m 1-1,011`14Z M InaepidnMWETe'll pu lic accounfant licens under chiapter 473." The independent auditor shall state that the audit complied with the applicable F provisions noted above. The audit must be received by the Divislon no later than nine mioinths from, the end of the Sub -Recipient's fiscal year. I accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to, the Division at the following ,address: DEM'Single—Aiudit@em.myflorida.com OR Office of the Inspector General 2555 Shurnard Oak Boulevard MEMZM�-� I "I i � 11,11IIIIIII1111 ! 11 �111 III ;;IIIII M;11111' I quarterly reports and a close-out report. These reports shall iniclude thie current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information reqiuested by the Division b. Quarterly reports are due to the Division no later than fifteen (15) days after the end close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31 i I E 11 1 11 11 1 1. 31 ME= Wf manner acceptable to the Division, then the Division may withho,ld further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division"' means that the work wduct was comDleted in --.?ccordmncee t cI ofAV+r�. I Z* lKWUMBOOMM 11111:1111. Iw,I �ff w7V' 4k w0 1 ',&rde[T)a!1J , ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are! being accomplished within the specified time periods, and other performance goals, are being, achieved. A quiarterly report, to, on-site visits, by Division staff, limited scope audits, and/or other procedures. The Sub-Recipi�ent agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division d�etermines that a limited scope audit of the Sub -Recipient is Z I N FREESE' illi�l��'llill��,�'lilliliii�!111'�i�!!I��l�111!111� I I state agency or subdilvision, as defined in section 768.28(2),, Florida Statutes, agrees to be fully responsibile for its negligent or totous acts or omissions which result in claims or suits against the DivWwn, zft-okw3mv-%nmh�- ittiV;-WL &z�s ri*4mWA�wteans�a 4!XfG- txtent set forth in section 768.28, Florida Statutes,. Nothing, herein is intended to serve as a waiver of 11 221 sovereign immunity by any Sub-Recipienit to wNch sovereign immunity applies, Nothing herein shall be r.,#1Astrjo-4;-1 .2% cvvjAsext ly,? stv.t.9,vI Qr sVjilliivisi#A #1 ViIe-SO.te 0 F-45*09. tj# *e, sy&i' liy MrO. taKies M ny matter arising ouit of any contract. Division to make further payment of funds shall terminate and the Division has the option to exerdse any lfi��M,6_'a-OM14FH� _MFM7--I �WPrr81*&-#-r Italits after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment ITINII 11111 IT ROOM I � III!I previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or coAgreement or any F,revious a-ree!ment with the Division and has not cured them in meet its obligations under this Agreement; i 1,11151111,11: firne during the term of this Agreement, and the Sub-Recipilent fails to cure this adverse change withir. thirty (30) days from the date written notice is sent by the Division; iiiii,l!!Ill ;Iiiji�ii !iIIIIIIIIIIIII11pillir! IIII!!II SIUMM= * A As 01 [W 0A Mpewt-19;IF SIT - lm F I e I y days, exercise any one or moire of the following reimedi'es, either concurrently or consecutively: days prior written notice of the termination, The! notice shall be effective when placed' in the United States first class mail, postagve ire., redDr_jk�f M. - POP address in paragraph (�3) herein; I c. Withhold or suspendpayment of all or any part of a request for payment; t,, Require that the Sub -Recipient refund to the Division any monies, used for ineligible MMM3�� 12 222 M 10 0 W, MO M U -M 713 LOW 11511:111MR1111i ill!will.w w11!1��iii!ll MEMM= III U1111111, lig'' 1,: 'f Exercise any other rights or remedies which may be available under law. remedies in thill's Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or falls to insist on strict performance by the Sub -Recipient, it will not affect, extend or wG�qo !Pq �FA. 0+-r.—_&ffnt r w47 the Division for any other default by the S,ub-Re�cipienit. a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compHance, with applicable rules, laws and r ;!:q Olocu meint, paper,, letter, or other material subject to disclosure under chapter `119, Florida Statutes, as wite*Oed. its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Siubi-Recipiienit with thirty (30) calendar day's prior writt notice. I c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement, The amendment will state the effective date of termination and the procedures for proper closeout of the Agreement. obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub-Reciplent will cancel as many outstanding obligations, as poissiblei, Costs incurred after receipt of the termination notice will be r owed, The Sub -Recipient shall not be relieved of liabiI4 to the Division because of any breach of Agreement by the Sub-iRecipiient. The Division me to the extent authorized by - set -off until the exact amount of damageis due the Division from the Subi-Reciple!nt is determined, IN OPW !11111111111111111 illiiliiiii 11��IJIIIIIII�II!Ijpiir� �!111111 the Agreement complies with all applicable federal and state lawsand regulations, to include §§200.318 through 200.327 as well as Appendix 11' to 2 C.F,R. Part 200 (entitled "C�ont.ract Provisions for Non -Federal Entity Contracts Under Federal Awards"). sufficient to detail the history of procurement, These records will Include, but are not necessarily limited tMo the foilowing: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." III li� III jjjp;;� !!111111111 111111 111 �WIMTOIMIMT $111111MMOM"t I 111! 11 :11 05111"11 11111111112111! , 11 11 !11111 111 ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders," In order to demonstrate compliance with this requiiremient, the w.. .o shall document- in its uarteft, reg,ort to the oftthA.I performing work under this Agreement. 0 :1 . 0 , 4 -A ! I I I i If I I I I i 1 1: i F F I I I i I I I Jim 111111!1111111111 ilrllii�'�IIIIMMM= YY*M'd t�.q4YN ► M M M . MJA .M M 6tt6a laws and regulations, and (iiii) the subcontractor shal�l hold the Division and Sub -Recipient harmless against ail claims of whatever nature arising out of the subcontractor"s performance of work under this, Agreement, to the extent allowed' and required by law. the selection, award and administration of contracts," Filli! I ��iii procurement under this agreement "in a manner providing full and open competition," Accordingly, It Subi-Rec:ipient shall not: i Kequire unnecessary experience or excessive bonding; iijUse noncompetitive pricing practices between firms or between affiHated va Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an M 224 MEMMM 11 in III, 111 11 ITUA "00 Engage in any arbitrary action during the procurement process, or, ix. Allow a vendor to bid on a contract if tilliat bidder III itivolved witli developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. I I Mh NO a "I I IT lI ill 11 !1 Jill I I I 33MEM33M... competiitive proposals) in accordance with 2 C.F,R. §200.320(2) as well as section 287.O5i7(l)(b), Florida Statutes. 111 1111 il 11 1 IIIIlJIIII1IIIlImII!!I �w! Division as to whether that subcontractor is a minority business enterprise, as defined In section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.FiR§20032` ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). I I qI111III I I I I I I I I I + I I I � I I I I I I I 11w w� Agreement, then the Sub-Reciplent shall review its competitive solicitation and subsequent contract to b,; awarded for compliance with the procurement standards In 2 C.F.R. §§200.318 through 200i.327 and required contract provisions in Appendix 11 to 2 C.F.R. Part 201i. if the Sub -Recipient publishes a competitive solicitation or executes a contract that is not in compliance with the Federal procuremient standard00.318 through 200.327 or the requirements of Appendlx 11 to 2 C.F,R. Part 200, then the w"- weis on notice that the Division, may: !IIIIIII 1 11 iiiiiwI, !111111111111111111! 111 lilligli III lIillilliI!Iii IIIIIIII;IIIIIIIII �ljj 11w1111 paragraph (17) above; or, 2. Refuse to reimburse the Sub -Recipient for any costs associated with that w 4w I I I I I I I I I I I I! F I I I III I I I I I I I I I lI 1 .1 � I �11 I with the Federal procurement standa00.318 through 200.32�7 and required cw provisions in Appendix 11 to 2 C.F.R. Part, 200i, These resources are generalfly available at eam,. 15 225 NOZINUVROMMM M. W.11 I F.Ti IS M 11 ZT-FT111174 Me AMN w7111!1111 31111111;1 11 greerrieni ana I cntmt men ianguaIge oiiiii le a MeM� inanconrol, utonly e e en the, conflict or inconsistency. H. Attachment A — Budget and Scope of Work HE Attachment B — Program Statutes and Regulations iv. Attachment C — Statement of Assurances V, Attachment D — Request for Advance or Reimbursement vi, Attachment E — Justification of Advance Payment vii. Attachment F — QuarteHy Report Form VHL Attachment G — Warranties and Representations ix. Attachment H — Certification Regarding Debarment k Attachment I — Federal Funding Accountability andl Transparency Act xi. Attachment J — Mandatory Contract Provisions, XiL Attachment K — Certification Regarding Lobbying applicable, section 216.181(16), Florida Statultes., All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based a a justification statement shall weIn this Agreement as Attachment E. Attachment E will specify 11 the amount of advance payment needed and provide an explanation of the necessity for and proposed Icu", 62,*lmAxt#f to the submittal' of a request for advanced payment. After the initial advance, if any, payment shall w,- . 1 e IN1I =-AIIII11=1 MTM71111117711311 =—#fT#j I I II I I I I I I III I I I I I I! I I I I I I I I I I I I I lI I! I I I! I I I I I I 1111 11 1 111 1 11 1 111 T I 10mrIN011IM-Nim. ]Rpm= - -- 1 0 .. . documentation for all costs of the project or services. The final invoice shall be submitted within, sixty (60) N,: ys after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall' be submitted to the Division grant manager as part of the Suib,- Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. �y the United States Congress, the! federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division in report within thirty (30i),days of receiving notice from the Division. INIFIEVIR lilIIlillilill I MI 111111 1 I I ville I I I I I I I I I I! �� III payable to the order of "Division of Emergency Managernent", and mailed directly to the following address� 7UNUINTM-,75T - Eciplent sil . o wIw wRc—e7T—e—e—Or�-j-67fiO7o—r b%70 of the face amount of the returned check or draft, whiic:hever is greater. 11 OMWOM4111 in any later submission or response to a Division request, or in any submission or response to fulfill the the rated to fu 7 'fl requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option ] of the I of s Division and with thirty (30) days written notice to the Sub-Reci:pient, cause the termination of'this Agreement and the release of the Division from a�ll its obfigations to the Sub-Re,cipient. for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or IM is unenforceable, then the! provision: provision of this Agreement. EMMMEMS2= Law 101-336, 42 Ul.S.C. Section 12101 et segj, which prohibits discrimination by public and private entities on; the basis of %X-dJJLC,.-1 government services, and telecommunications. MMM= puIbilic entity crime or on the discrimi�natoEy vendor list may not submiit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or reDair of a *ubfic buiWino or r)ublic work mav not subimit bids on leases of reallmumbL A 227 I i ll�jlllililli� M=111115lill! 111111 E�MRII 01 consultant under a contract, with a pubJc entity, and may not transact business with any public entity in bi,lr *��064 tr on the discriminatory vendor list. Ill 1awl1111 Jill I I Jill lill l ,.-.nd belief, that it and its principals or affiliates., ineligible, vo4untarily excludIed or disqualified from covered transactions by a federal department or agency', 1: 11 11 1! 111 M I I Ill I I I I 1 11 1 1 1 or had a civil judgmienit rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing ail public (federal, state oon or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stollen property: of this certification; and, iiii,illili iiiiiiiii Iiii! 11111TRIMIRTIM 111 11;111 Ill facsimile transmission) the completed "Certification Regarding Debarment, Suspension, 3!MJiW ".11- ?4WTAMt Recipient plIans to fund under th;is Agreement. The form must be received by the Division before the Subpient enters into a col bcontractor. h. The Division reserves the right to unilaterally cancel this Agreement if the Sub- 1;1144,111AG d 1 MWIRMTRITIT 17,4 dY 1PPp (01 provisiions of chapter 119, FWida Statutes, which the Sub -Recipient created'or received under this Agreement. Jill �- KIWI Division's obligation to, pay the contract amount. It 1JUILLO a 1DRAINQUIllill 707rd-7i:5.u. olacimn 1,504,akoji IZ>ecl n ancrillavonailly A ("INA")]. The Division shaill consider the employment by any conitractor of unauthorized aliens a vio4atiol M-1 of Section 274A(e) of the INA, Such violation by the Sub -Recipient of the employment provisions d*ftiv*4 W� the Divilision, !M.i!lilll�i-!Iwll�l��l*-.FlKo"w.*T$'N!Kffori:lw.I 111grI!, illinnilillimilill i ill lin ill ill ill 1111 11111 111;ll 1111 purchase of or improvements to realproperty are contingent upon the contractor or political subdivision gew:O�w4-&6-&ia�Cnio-iT r6s;-$ro,,lille�i5n *� th6-dr• h4l1ril least 5i years from the date of purchase or the completion of the improvements oiir as further required by taw. lipIll iiiiril 1 have submitted a false certification as provided under section! 28i7 i 135(5), Florida Statutesi, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with boycott of Israell, [Milo jg 1*2:2 -.101 : I Ink En Jl lillill �1 plillipl �:llllilll liilliii Fill �=l 1 11 1 1 � : 410 1 3= 016WITMT-IfiA # I . 0 Ift, e gran or contract prohibit the, expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." used directly or indiirectliy to influence legislation or any other official action by the Ronda Legislature or any state agency. behalf of the Suib-Repient, to any person for influencing or attempting to influence an officer or x of an aarill a Member ofCorl sis a, ri a Member of Congress lin connection with the awarding of any Federal contract, the making of any Federal grant�, the makingi, of any Federal lician, the entering into of any cooperative agreement, and the extension, continuation, renil amendment or modification oeiral contrall grant, loan or cooperative agreement, paid to any person for influencing or attempting to influence an officer or emwyee of any agency, a Member of Conaress. an officer or eitDtovee 0 Co -iii lig M 229 1717.6 =MlJ7= compIete and submit Standard Form -LLL, "Discloisure of Lobbying Activities," 117111121111111111 -01 Iii w; 1 1 IN !MlClp�l MEE= placed when this transaction was miade or entered into. Submission of this, certification is a prerequisite for making or entering into this transaction imposed by Section 1352�, TitIe 31, U.S. C�ode. Any person who fails to filethe reqiuired certification shall be subject to a civil penalty of not less than $10,000 andnot more than $ 100,000 for each suich failure. 110 ± I I I iz�� 117 117il"'i AS, M. J IT PRIMMER 1? R11 I I � 11111 111EI othelivise. services performed under this Agreement, or in any way connected with it,, the! Sub -Recipient shaH refer protection in its name. Any patent rights accruing: under or in;, connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Siub-Recipient shall notify the Division. Any copyrights accruing under or in AF f Flori&z. 1 1111 Jill 111111 1 11111111 11111 1 1111 1111 gill 11111111111111lig � Ill N isclose alil intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright, The! Sub-Reci�piient shall retain all rights and entitlements, to any pire-existing intellectual property which is disclosed�. Failure to disclose will indicate that no such prop" existsi, The Division shall theni, under Paragraph (24) b., have the righit to all patents, and copyriglhtsi which accrue during performiance of the Agreement, G ii 11!1111 !!111 ll!!Il ill iiiii , Jill lip 11111!1111 l�111111 il == =11 MMM � i am tion corict-mp-c�-p�t�ssveiiiiiiil!I!I!iiy y le emproyees 51 SOT Recipient shall become the sole property of the Sub-Recipienit, In the case of joint inventions, that is 20 undivided interest in and to such joint inventions, The Divisi�oin shail retain a perpetual, irrevocable, fully- viaid, nonexclusive license, for its use and the use of its contractors of ank_vj or trademarked work, products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes, (25) LEGAL AUTHORIZATION N greement and that its governing body has auIthorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to, legally execute and binII Sub -Recipient to t.he terms, of this Agreement, We WOU"JIVENk III 1 11 1111p �pli�li�i 1 11`111111 OME= MR I I # M 1MW#?MT1'Y ,w ww f-4-y'-w's defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or givarantee, or undertaken pursuant to any Federal program invw such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: Such action shall include, but not be limited to the following: E rI .J11I Ilk advertising, liayoff or termination-, rates of pay or other forms of compeinsation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor wilt, in all solicitations or advertisements for ployees w. »• by or on behalf of the contractor, state that all *,ualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. OL The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because 21 231 such employee or applicant has inquired about, disc:usised�, or disclosed the compensation of the employee or applicant or another employee, or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such, employee's essential' job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is coinsistent with the contractor's legal duty to furnish information, ivThe contractor will send to each labor union or representative of wooaining agreement or other contract or understandina� a notice, to be union or workers' representatives of the contractor's commitments under this section, and sha:lt post copies of the notice in conspicuous places availla:ble to employees and applicants for employmenit. f VThe contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. Vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24 i, 11 965, and by rul�es, reguietions, and orders of the Secretary of Labor, or, piursuant thereto, ,?nd will permit access, to his books, records, and accounts by the 2dmin'stering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and x1rders, �istrirf,ateineawitnii,i�itigationwitnasuocontraciororvenaiorasaresu 0 22 09y, t4o Uaite4 States. 11 11 1111111 , 111111111111gar 1111111111 work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such governm- r w,. doenot participate in work on or under the contract, c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist (Ai contract modification subject to Executive Order 11246 of September 24, 19i65, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts yursuant to the Executive order and will carr!; out such sanctions and xenallties Nor viIoIlatioin of thilei equal opportunity clause as may, be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive order, In addition, the Sub;-Reclipient agrees that if it fails or refuses to compty with these undertakings, the administering agency may take any or all of the following actions., cancel, terminate, or suspend in whole W the Sub -Recipient under the program with respect to which the failure or refund occurred untill satisfactory ?,ssurance of future compliance has been received from such Sub-Reclpient; and refer the case to the I Department of Justice for apipropriate legal proceedings. a ; 19 A ISF.419t IMM, MIM i I A incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following cllause: -i Wil" 1 11 n.101#111"unLgN 114112-11 ii, Subcontracts. The contractor or subcontractor shall insert in any III, "'WINW1111-111WINWINW1 1, g1f1=0 ill g gill &MCM31 am NO MAI W �*X re - VVITMITTE"= I fldnue U;--� subcontractor or lower tier subcontractor with al�l of these contract cl"7,uses. 16 M . , OM ---1 21 M 111 11 liallm-Magm =0am'1111 . I M that exceeds $ 100,000 and involves the employment of, mech,an ics or taborers, then any such contract must include a provision for compliance with 40 U,&C, 3702 and 3704, as supplemented by Departmien of Labor regulations, (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be hours. Work in excess of the standard work week is permissible provided that the worker is compensat at a rate of not less than one ahours nd a half times the basic rate of pay for afl worked in excess of 40 , In It hours in the work week. The requirements of 40 US.C� 3704 are appficable to construction work and IT whiich are unsanitary, hiazardous or dangerous. These requirements do not apply to the purchases of suppiies or materials or articles winarfly available on the open market, or contracts for transportation. &JIMMIRVISMIJIM 91 M . 0 : I - IN."Aft - q. 110011TIFIR11 INVIIIIN111111 111111111 171. ! ;1151g� 10 I A" i, Thiis contraict is a covered transaction for purposes of 2 CF.R pt�, 11180 and,2 C.F.R. pt. 30M As such the contractor is required to verify that none of the contractor, its principals (defined 180i.995), or its affiliates (defined at 2 CYR § 180.9015) are excluded (defined at 2 C.FR- § 180.940) or disqualified (defined at 2 CYR § 180 ,935), I ME 234 HL ThiIsi certification is, a material representation of fact relied upon by the Divisiion. If it Is later determined thiat the contractor did not comply with 2 C. R R 11180, subpart C and 2 C. II Ra pt. 3000i, subpart C, in addition to remedies available to the Division, the Federal Government I may pursue available remedies, iinicWding but not limited to suspension ainId/or debarment, 1 -mag, M. -M llfq - U 11WIM krMI W—V I MEJ r# 7"TWAIRMA offer is, valIid and throughout the! period o1F. that may arise from this offer, The bidder or proposer further agrees, to include a, Is 1211111 -11111 all I is Jill 111 111 11 11 1 111 111 1! !J111 1 11111 Jill I M I lor All 2 111 iiIiiii lillrll I Byrd An,ti-Lobby,i,ng Amendment, 31 US.0 § 1352 (as amended)i. award. Such disclosure re forwarded from tier to fier up to the recipient. ��M§411111115UMW Willi I IIIIIIIII I I I I I I goods or services, then, in accordance with 2 C.F.R. §200-3211, the Sub -Recipient s,hall take the faflowing affirmative steps to assure that minority businesses,, worl business enterprises, and labor surplus area firms are used whenever, possible: Imillil ImIll 1!1!111!illili iiiiiiIiillill I i 1111711019370li- III I IMMIiiii iiiiii: 1 1111 IM M I zzm�� enterprises are solicited wheinever they are potential sources; quantities to permit maximum participation by small and minority busirnesses, and women's business enterprises; M 235 Commerce; and lg!!Jiililiw, I ?!!I DOW w . w w w. I, . socioeconomic contracting," does not impose an obligation to set aside eit.her the solicitation or award a coo these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above, c. The "socioeconomic contraGting" requirement outlines the affirmative steps that the I I X* A";W I I MI R -WIT M. steps to involve small and minority businesses and women's business enterprises. 1 I I I I 1211PIMINI 1111MINIII I a I EMMMEC-� w= smaller tasks or quantities to permit maximum participation, by small and minority busin�essesi, and women's business smaller coponents in, order to circumvent the mi:cro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"), wyj."� 0 �*P INIMIMINIU11 1! MIR11 g!111, ",I zcffa�� EME�»� MMU -MMU -IMI M Name and Title: j-", j aZAA- AM Laura DhuweDigitally signed by Laura Dhuwe Date: 2022.12.01 12:57:17 -05'00' LM 2M3MIEIM#II1MH3I11111W2�,- UMMIMMw� . . .......................... . - 01 -DEC -2022 w OCYA Federal Program Federal agency: Federal Emergengy Manguement Agency: Hazard! Mqiqatlon Gra Catalog of Federal Domestic Assistance title and number: 97 '.039 Award amount: 1246,832.50 1 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: * 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requiremen for Federal' Awards 'i remenj * The Robert T. Stafford Disaster Relief and Emergency Assistance Act,, Public Law 93-288, as, amended, 42 U.S.C. 51211 et seqand Related Authodfies 0 Sections 11361 (A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended b the National Flood Insurance Reform! Act of 1994, Public Law 103-325 and the Bunniing-Bereute Bluimen:auer Flood Insurance Reform! Act of 2004, Public Law 108-264 0 31 CF.R. Part 205 Rules and Procedures for Funds Transfers QIT13-2 -tu-fsa rl-r MT-MitilleactiviveT * gation Planning Project 2Siub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or willil be in violation of the terms of the Agreement. Ox, �kL-1 Attachment A Watershed Master Planning Initiative Boynton Beach Watershed Management Plan Scoipe of Work and Budget Statement of Purpose 1510 1V is IN" We ra.il ffI FMw. I rufut mbltrallca Frolldill krtrir) N117 ur MUTRU F35111en rioncla Mcorn, "Uni I t e s. This project is funded through the Hazard Mitigation Grant Program (HMGP) DR -4337-004-13, as t* a6wr 4w ;. Watershed Master Plans, (WIVIN) throughout the state of Florida. The Project Manager for the Divis,ion will be:: Laura Dhuwe, Project Manager Hazard Mitigation Grant Program Florida Division of Emergency Management 850_879-0872 Ag!gf §t1g012.L@ n n.i.09@9nn arruf Lqd�L t Scope of Work The Division will coordinate with eligible Florida entities to produce a Watershed Master Plan (WMP) for credit under CRS. This project is preceded by the WMP Pilot Program, which consisted of research, and the creation of guidance materials to ensure a, consistent statewide approach to WMP development. Guidance materials produced in the WMP Pilot Program can be found at: !2% LqL// isaster.pfflLdp L I illi nitiative or L L(qat'qn/watershed:p!pnL_ nq��gprcLi/cwQ/clean ouse/. The Sub-Reicipienit may use other materials provided by ISO and located at Uit ps _qgv. The Sub -Recipient shall follow the Credit 41 I https://www.fema.gov/s,ites/defaullt/files/`d`ocuments"/fema-commiunity-rating-syste!m-coordor manual�_2017,pdf 2 hftps-//www,femagov/siites/default/files/docuiments/fema--Community-rating-system-coo,rdinatoiii manual - addendum-2021,pdf 3 See 20;17 CRS Coordinator's Manual at ,cj,,pLK�s�tes/dpfaui�t/fii�es/'�doe ei colmum L, L LkEL - _,2�qinatg)rs the 2021 Addent;T le Coordinator's Manual'at 29 239 Data lnvento[y and Collection: 1 Data inventory (used for initial flood modeling): a. Inventory of ground characteristics, (eg., soil type, impervious surfaces, wetlands) b. Inventory of existing drainage system c. Inventory of data availability 4. Locatiions, of: a. critical facilities, cultural/historical, and other places/areas of interest b. vulnerable areas and their descriptions c. natural and constructed drainage systems and channels 5, Existing regulations and plans in place for reducing flood risks Initial Flood _Modeling 6. Forcurrent/existing conditions land use, future land use, and the fully developed watershed scenarios: 8. The plan must include, a strategy and action plan to address the results of the studies for: a, controlling the timing of peak flows to prevent or mini;miz�e problems: for the entire watershed due to new development, redevelopment, and fully developed co:ndit�ions b, the impact of climate change and sea level rise on fully developed conditions c. at least the 25 -year rainfall event in fully developed conditions, with a list of possible solutions for addressing at least the 25 -year rainfall event d, at least one event larger than the 25 -year rainfall event, with a list of possible solutions for addressing this event e. ensuring that flood hazards from the 1 0 -year and the 25 -year events are not Increased by future development (the 2 -year storm is also reicommendeid). 9i. The community must adopt the final plan, 10. If applicable, WM P plans more! than 5 years old must be evaluated' to ensure that they remain applicable to current conditions. For instance, are previ:oNns on hydrology, sea level .aw future land use still applicaible. tett v vun tit r u ups/u f u lt/files/d op Irvi titr /tLina cornrnuN -rtng,- a AyLstqLi� qqq[uILCL or- nianival addendum -2021.p M a SMY. !1UP —'sAfg-P ,S!t; and other materials provided by ISO located at hh, 30 M, If Deliverable 1: An (1) Oectronic copy of the preliminary Project Plan; (2) a separate electronic document listing how and where in the preliminary Project Plan the Minimum Criteria listed above are met; and (3) a IT; If, M V MUM �ZM- R. I MINI!! 1@1 11111111qpp�! 1111TIN w7laimr* MGM iiiiii sea level rise whilchi, must at a minimum be used for the SL R evaluation During, the project, the Sub -Recipient's project team will submit preliminary data for a courtesy review to iM- ntify any areas where the project needs to focus on or modify. Additionally, the Sub-Rec:ipient will clairify in writing wNch tasks and efforts have already been completed prior to contract ex�ecution. With the mapping eff'orts, the Sub-Recipilent shaH provide the source and dates of data acquisition, locational accuracy, and map projection and coordinate system information of geospatiai data. Task 2 — Revise Draft W'MP and Submit Coimpleted WMIP After receiving feedback from the Division on the preliminary Project Plan from Task I (Deliverable 1), the Sub -Recipient shall finalize the flood modeHng process and submit their completed WMR At a minimum, the modeling and WMP must meet the Minimum Criteria required for a creditable WM�P'shiown above. The Sub -Recipient shall update their WMP, if revisions a+, based on the Division's feedback, and suibmit the completed WMP to the Division for review, 311 241 M� .w,. , M • M * M M.* *w M- w :M M � M w � r lima 11 .. MMM �- M M'w M.. . M ;; � r� M u w ww, *w .. * M MM • - NM M * M M w* M * provide Deliverable M the Division via email; to fthgog of r r All deliverables submitted' to the Project Manager or to the Division shall be completed by the Sub - it A Deliverables IM „�11 Deliverable Value Task I — Create Preliminary Project Plan based $191,92000 11 Month on Initial Flood MIX ". l M and Submit. "'.w *r.. Task 2 — Revise Draft WMP and Submi 137,190,00 Copl;qtte(� X,,329,110.0I Financial Consequences u, M r The failure to provide the Division with the required deliverables within the stated timelines shall] result a penalty of 5 % of the determined deli'verable amount for each late deliverable. Penalty may be waiv based w on reasonable explanation documentation by SuM e p Should the Sub -Recipient determine that there are significant barriers to conduct any of the minimum deliverables due to extenuating circumstances, the Division may re-evaluate performance expectation upon a M wl request frM the Sub-Recipient. It the Sub -Recipient fails to comply with any terms of the aigreement, the Division shall take one or mo of the followingM Disallow1, Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipieut, 2. all or part of the costactivityor action not in M ly a 3. Wholily or pairtialty suspend or * agreement for the Sub -Recipient's project; .. .� : « : w •: �•. M M •, lar.. :MM 242 4. Withhold further agreements for the project; or 5. Take other actions that are legalily allowed. Schedule of Work Number of Months, to Complete— ... .. ....... Initial PreCiminap�,,FI2j§tqt_Pl,an (Task 1) Total Period of Performance (miaximum of 12- onths): Total Period of Performgn & M-1 1,71 MM21 MIM Cost Item . . . ...... .. Pros jeclt-Cost Federal Share Non -Federal Share - Personnel Fringe Benefits Travel ---- ---------- -,E-�Uimta! ............... �1-11 S I ypplies Contractual $329,110M $246,832M _.w,82,27T.50 Other ProJect otall: $32%110.00] $246,8,32.50 $82,277.50 FundingIMS llllllp SumimaEy Totals Federal Share: i Iml In, IN M, K Attachment B The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regiulations. (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 C.F.R. Parts 7, 9, 10, 13, 14, 17, 18, 25, 20 , 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and i I i I i !I i i 1 1: W I ffai.�Ilq Mail - g from which a struct�ure will be removed pursuant to the project. M 244 (1) The property wHI be dedicated and maintained in perpetuity for a, use that is compatible with open space, recreational, or weVands management practices; (2) No new, structure will be erected on property other than: a. a public facility that is open oni, all sides and functionally related to a designed open space; N oom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction: of the structure!; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and: (5) If any of these covenants and restrictions is violated by the owner or by some third party 'with the kn;owIedge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees, of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right,, tifle and interest in and to the propertyi, HMGP Contract Manager wiII evaluate requests for cost overruns and submit to the regional Di:reictor written determination of cost overrun eligibifity. Cost overruns shall meet Federal regulations set forth: in 44 C.F.R. §2'06.438i(b),, The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by aill State and Federalagencies participating in the NEPA process, As a reminder, the Sub-recipiient must obtain prior approval from the Staitei, before implementing changes to the approved project Scope of Work (SOW), Per the Uniform Administrative Requirements, for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must, "obtain prior written approval for any budg revision which result in a need for additional funds" (2 C.F'.Ri. § 200308),, (2) A change in the Scope of Work must be approved'by FEMA in advance regardless of t budget implications; and (3) The Sub -recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion or favorable conditions allowing Iower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty (60) days prior to the project epiration• a xdte. I The Sub-irecipient assures that it *11 comply with the followi ngii statutes and! reg ulations to thi. extent applicable: (1), 53 Federal Register 8034 (2) Federal Acquisition Regulations 31 2 (3) Section 13i52, Title 31US Co�de f4) Chapter 473, Fiorida Statutes (5) Chapter 215, Elorid Section 768,28, Florida_atatutes (7) ChapterFlorida Statutes, (8) Section 216i,181(6), Florid i Statutes :OR 245 (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112'. 061 , Florida Statutes (12) Immigirafion and Nationality Act (13) Section 286.011, Flohda Statutes (14) 2 C.F.R. Part 200 — Uniform Administrative RequirementCost Principles, and Audit Requirements for Federal Awards (115) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title, I of the Ominibulis Crime Control and Safe Streets Act of 1968 (17) J, uvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Oimnibus Crime Control and Safe Streets Act of 196,8, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (211) Subtitle A, Title I I of the Americans with Disabilities Act (AD,A) (1990) (22) Department of Justice regulations on disability discrimination, 28i C,F,R., Part 35 and Part 39 (23) 42 US.C. 5154a M M, R Statement of Assurances (d) All Sub -recipient contracts for which the State Legislature, is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub -recipient for eligiiibie contract work completed prior to the date the notice of suspension of funding was received by, the Sub-recipient�. Any cost incurred after a notice of suspen!sion or te!rmination received by the Sub -recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub-rec:ipient contracts sha, 11 contain provisions for termination for cause or convenience and shafl provide for the method of payment in such event�; EMMEMCM= � (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.&C327 et seq., requirin that mechanics and laborers (including watchmen and guards) empioyed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours'worked in excess of forty hours in a, work week: and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 2�01 et seq., requiring that covere employees be paid' at least minimum prescribed wage, and also that thiey be paid one and one-half times their basic wage rates for al� hours worked in excess of the prescribii work -week, (1) Title VI of the Civil Righits Act of 1964 (P,.L. 88-352),, and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the, benefits of or be otherwise subjected to discrimination under any program or activity for which the recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real prop" or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub - 37 247 recipient, this assurance shall obligate the Sub-recipiient, or in the case of'any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services, or benefits; (2) Any prohibition against wn on the basis of age under the Age Discrimination, Act of 1975, as amended (42 U.S.Ci 6101-6107) which prohibits discrimination on the basis of age! orwith respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; f3) ExecutiveOrder 112�46, as amended by Executive Orders, 11375i and 12086i, and the regulations issued pursuant thereto, which provide that no person shall be discriminate against on the basis of race, color, religion, sex or national origin in all phases of empIoyment during the performance of federal or federally assisted constructio on cntracts; affirmative action to insure fair treatment in employment, upgradingo , dernoti or transfer,, recruitment or recruitment advertisingi; layoff/term,iination, rates of pay or othil forms of compensation; and election for training and apprenticeship; (I I g) It will estabfi�shi safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, I particularly those with whom they have family, business, or other ties pursuant to section 112,313 and sectio�ni, 112.3135, Florida Statutes; (h) I I wil�l comply with the Anti -Kickback Act of 1986, 41 U & C. Chapter 87 which outlaws and prescribes penalfies fobac:ks" of wages in federally financed'! or assisted constructon activities; It will comply with the provisions, oown as the Hatch Act) which limits the political activities of employees-, It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S,C, 50, including requirements regarding the purchase of flood insurance in communities where, such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hilads. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subisidy, disaster assistance loan or grantor any other form of direct or indirect Federal assistance; (k) It wiH require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "'Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 C.F.R. Section 101- 19.6 for general type buildings and Appendix A to 24 CY.R., Pa�rt 40i for residential structures, The Sub -recipient will be responsible for conducting inspections to eompliance with thesa specifications by the contractor; (1) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 196i9, comply with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C.), Executive Order 1 15i93, 3,6 CiF.R., Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (54 U&C. 3125) by: 38 (1) Consulting with the State Historic Preservation Office to identify properties listed in N. eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (seei 36 C,F.R., Section 80iO.8) by, the proposed activity; and! (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties, (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agoncy,thei Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Ad'visory Council on Historic Preservation, (PA)" which, addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (N'HPA),, 54 U.S.C., and implementing regulations in 3i6 C.F.R., Part 800. awn v 9 W W V ..... . .... . (5) The Subi-rec�iplent agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited toi, subsurface Nance; removal of ees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm dirainsi, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will reM uest the SiHPO's opinioin on the potential that archeological properties may be present and be, affected by such acties, The SHPO will advise the Sub -recipient on any feasiN' le steps to beaccomplished to avod any National Register eligible archeoiogical property or will make recommendations for the deveIopmient of a treatment plan for the recovery or archeological data from the property, if the Sub -recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic: Preservation (Council) publication "Treatment of Archeological Properties". The Sub-irecipient shall forward information regarding the N• plan to FEMA, the SHPO and the Council for review. If the SHP0 and the Council do not object within fifteen (15) calendar days of receipt of the treatment plani, FEMA may direct the Sub-reciplent to implement the treatment pila�n, If either the Council or the SHPO object, Sub -recipient shall not proceed with the project until the objection is resolved. (6) The Sub-irecipient shall notify the! Division and FEMA as soon as practicable-. (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMG,P project for a National Register eligible or Usted property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be 39 249 It will comply with applica6le provisions of the folilowingi! laws and policies prohibiting discrimination: I Title V1 of the Civil Rights Act of 1964, as amended, which prohibits disc:ri�mi nation base on race, color, or nationW origin (including limiited Engflsh proficiency), e.". Section 504 of the Rehabilitation Act of 1973, as amended'which prohibits discrilmina,ti based on disability. 3. TWe IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex in education programs or activities. 4Age Discrimination Act of 1975, which prohibits w on based on age. Department of Homeland Securftly regulation 6 C.F,R. Part 19, which prohibits discrimination based on reflrn in social service programs. (n) it wJ1H comply with Title IX of the Education Amendments of 1972, as amended (20i Ul.S,C11681- 1683 and 1685,-1686) which prohibits discrimination on the basis of sex; (0) it wiM comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and I i 4 Rehabilitation Act of 19i70i, (42 U.S.C. 4541-45-9 ) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; M 250 Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, coior or national origin; (u) It will comply with the Clean Air Act of 1955„ as amended, 42 U.S.C. 7401-7675; (v) It will comply with the Clean Water Act of 1977, as amended, 33 U.S.C. 1251-13,88 (w) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; W It will comply with the Intergovernmental Personnel Act of 1970, 42 UwS.C. 4701-4772; (Y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 54, U.S.C., (Z) It will comply with, environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1'1969, 42 U.S.C. 4321-4347, (aa) It will assist the awardling agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 54 U,&C. 3125 (bbl) It will comply with, the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination, (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300if-300j-27, regarding the protection of underground water sources; (dd) It willl comply with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Property Acquisition Policies, Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (ee) It will comply with the Witdand Scenic Rivers Act of 1966„ 16 U,&C 1271-1287, related to protecting components or potential components of the national wild and scenic, rivers system; R It will comply with the following Executive Orders', EO 11514 (NEPA), EO, 11738, (violating facilities); EO 111988 floodplain Management); EO 11990 (Wetlands): and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 Ul.S,C,, 3501-3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U,&C, 1451-14674-, and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661:1-668. (j)i) With respect to demolition activities, it will. (1) Create and make available documentation sufficient to demonstrate that the Sub - recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement, (2) Return the property to its natural state as though no improvements had ever been contained thereon® 41 251 (3) Furnish documentation of all' qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub -recipient's Jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection resuft for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide suiipervision over contractoirs or employees emi'Moyed by the Sub-reciplientl to remove asbestos and lead from demolished or otherwise applicable structures,. (6) Leave the demolished site clean, level and free of debris, (7) Notify the Division promptly of any unusual existing condition which hampers the contrailctoir"s work. (8) Obtain ali required permits. (9) Provide addresses and marked maps for each site where water wefls and septic tanks are to be closed' along with the number of wells and! septic tanks located on each site, Provide documentation of closures. I(1I 0) Comply with mandatory standards, and policies relating to energy effiGiency which are contained in the State Energy Conservation Plan issued in compliance with, the Energy Policy and Conservation Act (Public Law 94-163). (11) Comply with all appfleablIe standards, orders, or requirements issued under Section 112 and 306i of the Clean Air Act �42 U.SiC. 1857), Section 508 of the Clean Water Act (33 1251-1388), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R., Part 15 and 61). This clause shall] be added to any stiboottr?,cts. EN 252 Attachiment D (coint.) hi V-11 lig.-Awsl w "All i I" Aimillill 611 JAN I Ml 1 a] a ZUE1111111111gan am - PROJECT TYPE�Watershed Management Plan PROJECTM 43i37 -4 -Pg PROGRAM: Hazard NIffigation Grant Pi�oql�m CONTRACT M. H0861 ........ - ............... 2 REF NO2 . ........... . ................. IC AT'E3 ........ . ................. . . ................ ...... DOCUMENTATION 4 (Check) AMOUNT ELIGIBLE COSTS (100%) . . . .......... 3 . ..... . ...... . . .. ...... . ........ . ....... . . ... . .......... . . . ............... . . ... . ............................................ .. . ......... . ..... . .................... . ... . ... 6 7 8 This payment represen,ts . ...... . ....... conppletion the project. TOTAL M 254 Attachment E JUSTIFICATION OF ADVANCE SUB -RECIPIENT: City of M If M w w w w w w ■ w r w Advance! payment of `w ed. ,:payments will be made on a reimbursementbasis. These funds are needed to pay award benefits to clients, duplicate fw w purchase w suppliesw equipment. w, w not be w to operate the program withoutadyqtce, PLEASENOTE: Calculate your estimated expenses,...,... 100% :r w:expected needsw. 190) days.r NIwith the costbreakdown • w with Attachment E and all mil #I# Loll k I I iN M w M ESTIIMIIATI I EXP ,N§E a BUDGET CATEGORY/LINE ITEMS 20®-201 Ant0ipated Expenditures for First Three (list applicable line Items) Months of Contract For exarniple ADMINISTRATIVE COSTS (include Secondary Administration.) For example PROGRAM EXPENSES TOTAL (EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide detailed justificatilonexplaining the ;.w for the cash advance.« de supporting documentation shows theadvance ill Mexpended within the first ninety W. Nj days of Mntract ter .rm. M w M... documentation M M Include quotesfor purchases,M expense projections, M provide Division reasonable ap necessary support thaadvance e expendedninety °N days of r Any advance wX not expended (9 0) days of the contract term as evidenced by a M " of s " w:cancelledchecks as required Fthe BudgetandScopeof # showing 100% VA zxpenidituires,for the 90 w. period shall bereturned tothe Division, 2556 M Oak Boulevard,, Tallahassee,Florida 323,99, within thirty k days of M along with any interest ,itarned on r "® 255 SUB -RECIPIENT.' _ C of BEy it PROJECT#: 4337 PROJECT TYPE. Watwshed Management Pan CONTRACTM H01861 PROGRAM. Hazard Milfigation Grant Prograirn QUARTER ENDIIJ .......... Advance Payment Information: Advance Received * N/A E] Amount: $ Advance Settled? Yes El No El inancial Amount to Date: _§�i��qfpenditures to d & loca Target DatesState Agreement): Contract Execution Date: Contract Expiration Date: Date Deliverables Submitted: Closeout Requested! Date: Describe Milestones achieved during this, quarter: Project Proceeding on Schedule? E] Yes 0 No (if No, Describe under Issues below) Percentage of Milestones completed to Date: % Describe Activities - Milestones completed! this quarter only: Milestone Dates (estimated) Cost Statuw * Cost Unchanged 0 Under Budget E] Over Budget Cost / Financlial Comments: NOTE, Events may occur between quarterly reports, which have significant impact upon your project(s), such a's anticipated overrunis, changes in scope of work, extension&. Contact the Division as soon as these conditions are known, otherwise you could be non-compliant with your sub -grant award, Signature: — To be c9mg1eted ky Florida Division of EmgMency Management EMLect Man 1 ler L Project Manager Statement. Ell No Action Required, OR Eli! Action Required: PM Percentage of Activates completed per PM Review QR Milestones Spreadsheet % it Reviewed: Reviewer Prol Manager M �W;� Attachment G Financial Management WRIAN11112=1 ....... . ... . ....... __ I requiremients of 2 CF,R, §200, Part D—Post Federa,l Award' Recluirements—Procurernient Standards (2 C,FR, 00.317 through 200i.327). Business Hours The Sub, -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM - 6.00 PM, Monday Thru F'riday, as applicabi . nwagiLyalwommi !111!li!il! TIMMINS EMMB=. M • 257 UUTUMMIM The prospective subcontractor, I Of the Sub - mw. eciJMjent certifies b submission of this NY. w' thnit nAithnrn,rincIDaIIS,,, nor affiliateis alr! SUBCONTRACTOR Signature Name and Title 9.1 oyinton Beiach Sub-Reicipient's Name H!0861 t%L-, UZT7717177-17 un ng a.ccounta6#fffaFtT-rmnaparency Act ITstructIons and WorktYeet 1:q.-a,#T,Tzw maz rMor-MI111211ils is. , . I Management ("FDEM" or "Division") must use to capture and report sub -award and executive compensation data; regarding ws that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2iOO9, Pub. I . :11. A 0 9 1 Cl W W-1 1. -. 10 z 0 MMMI'tw a a11IN 1 0 IRMUNIGRID-101110 w 9 z $I n W . I : 116,11-6,114i"'NQ 413 1 il, 'I hol ol I FW w rFTUTM-nv I Mo. M&Tj---- -- i PROJECT M 43374-P, FUNDINGAGENCY� FoderalEmorgeng(Management,x we:qnr-aI AWARD AMOUNT. .1211832.50-. OweCTION DATE: Seple,mber2,018 SUBAWARD DATE (if applicable): 09/16/2022 1 UEID/SAM#. FYYfNUAVJDKC6 UEI�D/SAM# +4: M 259 minutes MIs freeW,chiarge,i BUSINESS NAME: The City of Boynton Beach DBA NAME (IF APPLICABLE): Municipal Government r,WRESS LI 1 , ADDRESS CITY Boynton PARENT COMPANY applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): 97'.039 A',,: M[A JEW]'.I A,.A M- �N „„A A rw. A A AA 11 .A ".M. be adopted in the Sub-RecipientsMia Iql1illiql1l, ''111 1:179, 110 9.11: PRINCIPAL PLACE OFPROJECT PERFORMANCE (IF DIFFERENT TKAN PRINCIPAL PLACE OF' ADDRESS LINE 1 124 East Woolbright Road CESS LINE 2. ADDRESS LINE 3: CITY Boynton Beate STATE Fl. ZIP CODE+4" 334354615: FL 21 ht�Ms.lhvww.femiagom%hesldefaiuftffiles/documents/fe:mA A :.•A A AA IA ` A A'" A■ A A 'NY 71 A A SMA 'I.. I'' A..A, 50 �*Tf 1111;�!; gi all 11 111 1� 69 EXECUTIVE COMPENSATION INF2.RMATION; I , In your business or organiization's previous fiscal year, did your business Or organization (including parent organization, all branches, and all affiliates worldwide) receive �a)i 80 percent or more of your annual gross revenues from Federal procurement contracts (and suibcon�tracts),anid Federal: finiancial assistance (eg:. loans, grants, subgrants, and/or cooperative agreementsi, etc.) subject to the Transparency Act, as defined at 2 C.F.R170,320; , (b) $26,,000,,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes El 2. Does the; public: have access to information about the compensation of the executives in your I business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section, 13(a) or 151(d) of the! Securities Exchange Ad of 1934 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes M No [] xi require v a Wormation required In the "TOTAL COMPENSATION CHART FOR MOST'RECENTLY COMPLETED FISCAL YEAR"' appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", In rank ordier, In your, organization. For purposes of this request, the following terms apply as defined in 2 C.F.R. Ch. 1 Part 170 Appendix & Mggr,� is definedofficers, managing partners, or other employees in management positions". 30�� H. Awards of stock, stock optionsand stock appreciation rights. Use, the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with, the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under nwuity incentive plans. This does not include group health, hospitalization or medical reimbursement plains that do not discriminate in favor of executives, and are available generally to all salaried employees. Change in pension value, This is the change in present value of defined benefit and actuaria,'. pension plans. V11 Above -market earnings on deferred compensation which is: not tax -qualified, viOther compensation,, if the aggregate value of all such other compensation (e.g. severance, termination payments,, value! of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $1,0,000. 61 �M I NAMIIE AND T[TLE: M . M,.� �� ct CATS". R9 uR file, w k Til (Date Fretleriksen, Mara « is« II III :• « w;.'tor, Development a Mack, Andrew I i .«x NAMIIE AND T[TLE: M . M,.� �� ct CATS". R9 uR file, w k Til VMM Me Appendix 11 to 2 C.F.R. Part 2001. It is the responsibility of the suila-recipient to include the requilred provis,ions. The following is a list of sample provisions from Appendix 11 to 2 C.F.R. Part 200 that may be requlired :7 Appendix 11 to Part 200—Contract Provisions: for Noin-Federal Entity Contracts Under Federal Awards 7 For example, the Davis -Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub - recipient may include the provision in its subcontracts. 53 AIMMIKU914VI 11111. 4 agreement," the recipient or Sub-reciplient must comply with the requirements of 3,7 C.F.R. Pal 401 "Rights to Inventionis Made by Nonprofit Organizations and Small Business Firms Under Govemment Granits, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency, (G) Clean Air Act (42 Ulo&C7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S,C. 12�51-13i87), as amended—Contracts and'! subgranits of amounts in excess of $1l50,0010 must IIs, contain a provisiion that requires the non -Federal award to, agree to comply with aH applicable standard orders or re ulations, issued rursuant 1:4161w;flwEi*Ro111 0 0 1 0 0 1 11 (K) See 2 C.KR, §200,216 Prohibition on certain telecoation and videio surveillance sell or equipment. Jill&* �I iffliff flk7p"j I 1=1:111111111 .Vill 111 jjT i !11�!m; FEMA created the 2019 PDAT Contract Provisions Template to assist non -Federal entifies, It is available at hLtp.LLNO�j ita 1569959119092-, 92,,3i58d63eOOdl763gd5d�b4d�eOI5184c9/PDAT ContractProvisions' 9-30- ^Wk�y,# contracts meets the requirements of 2 CFR. § 200.327 and 2 C.F.R. Part 200, Appendix A RR I*V Check the appropriate box. 99 This Clertffication Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $1001,000 pursuant to 2 C.F.R. Part 200, Appendix 11(t)!; 3,1 U&C. § 1352; and 44 C.F.R. Part 18. 0 This Cercation is rLot required because w Grant, Loan, or Cooperative Agreen*nt will be less than $1100,0010. EEMMEM I'll, ............... undersigned shall require that the language of this certificabon be included in the award I I N ocuments for all subawards at all tiers, (in,dUding subcontracts, subgfants, and contracts under girants, loans, and cooperative agreements) and that all subrecipients, shall certify and disdose accordingly. jjW7*Ijjj � IlJ 11, !i�mI, I I - 111111M��11 I i IN understands and agrees that the provisions of 31 U,S,C. Chap. 38, Administrative Rernedies, for False Clalims and! Stat e, appty fill"dification and disclosure,, if any. Signature of Sub-Recipie!nt/subco,ntractoe's AuthorizeNib a Narndand Title of Sub-Recipient/subcontract6es Authorized Official Date M �*V I RESOLUTION NO. R22 -i69 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 SUBiRECIPIEN�T GRANT AGREEMENT NO. H0861 WITH THE FLORIDA 6 DIVISION OF EMERGENCY MANAGEMENT AGEN CY (FDEM) HAZARD 7 MITIGATION GRANT PROGRAM (HMGP) IN THE AMOUNT OF 8 $2�46,8i32.501 FOR THE CITY'S WATERSHED MANAGEMENT PLAN; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Community Rating System (CRS) is a voluntary program under tht 13 Federal Emergency Management Agency (FEMA) allowwig communities to earn flood, 14 insurance discounts of up to 45%; and 15 WHEREAS, Under FE A's National Flood Insurance Program (NFIP), cities and 16 non -incorporated areas can earn points for conducting floodplain management activities 17 that surpass the rnininiurn NFIP requirements; and 18 WHEREAS, The City of Boynton Beach is currently a CRS Class 5 cornmunity, 19 achieving up to 25% discount on flood insurance policies, however, for the City to achieve 20 a CRS Class 4 ranking the City needs to create and adopt a Watershed Master Plan; and 21 WHEREAS, on June 16, 2022, the City Submitted an application for funding to 22 prepare a Watershed Master Plan, coordinating with FEMA reviewers to ensure acceptance 23 and approval of the, Master Plan documents to fulfill CRS, Class 4 requirerylents; and 24 WHEREAS, The requested grant funding for the project is$3291,110.00, of which 25 Federal funding in the amount of $246,832.50 will be awarded to the City Under Grant 26 Agreement No. H0861 and the, City's required 25%, match of $82,277.50 is available in the 27 Utilities CIP Budget. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 29 OF BOYNTON BEACH, FLORIDA, THAT: 30 311 Section 1. The foregoing "Whereas" clauses are hereby ratified and confin-ned as 32, being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. llannd Mitigation hopam Goant ("'weirs'dwd Mmiakenivni Man 2022, - )deso Don 267 34 Sec+ tion, 2. The, City Commission approves and authorizes the Mayor to sign 3,5 the Subrecipient Grant Agreement No. H0861 with the Florida Division of Emergency 36 Management Agency (F EM) Hazard Mitigation Grant Program (HMG,P) in the amount of 37 $246,832,50 for the City's Water -shed Management Plan, a copy of which is attached hereto 38 and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 14th day of November, 2022'. CITY OF IBOYNIITON BEACH, FLORIDA YES NO Maylle,e City CIE (Corporate Seal) 04�,+. Mayor Ty Penserga Vice Mayor -- Angela Cruz . ..... . . Comr-nissi,oner - Woodrow L. Hay Cornrnissioner - Thornas Turkin Commissioner - Aimee Kelley VOTE U� MIPA, C C,�,( Ty Penserga Mayor. APPROVED AS, TP.',FOR� / M�l Michael , Grullo, Jr. City Attorney S I Wald m1figation hogram Oam (Watetdied Nhmagement Phn 2022) - Rcso 04wx tD.L., LORI LEHR INC. YOUR LINK TO CRS SUCCESS Lori Lehr, CFM 727.235.3875 lori@lorilehrinc.com June 5, 2023 Angela Prymas, P.E. Boynton Beach Utilities, Engineering City of Boynton Beach 124 E. Woolbright Road, Boynton Beach, Florida 33435 Via Email: prymasA@bbfl.us RE: Task Order No. CRSUTL-02-2023 Watershed Master Planning Dear Ms. Prymas, Lori Lehr Inc. is pleased to submit the attached scope of work for providing professional services to draft a Watershed Master Plan to that will qualify for Community Rating System (CRS) credit by meeting the requirements of CRS Activity 452.b. Project Management will be led by Lori Lehr, Inc. The effort to draft the Watershed Master Plan will be led by Lori Lehr and Erin L. Deady with Lori Lehr also leading the coordination with ISO to ensure its future acceptance for CRS Activity 452.b credit. Collective Water Resources will lead the modeling aspects of the project. We look forward to working with you on this very important project. Sincerely Lori Lehr, CFM Lori Lehr Inc. 269 City of Boynton Beach Stormwater Master Plan Task Order No. R UT -02-2023 Scope of Work iffpjff�� 1111 1111 1111 1111111 w i • The City of Boynton Beach (the City) is undertaking the creation of a Watershed Master Plan (WMP) to meet that requirement within the Community Rating System (CRS) Program. The City is currently a CRS Class 5 which means that most National Flood Insurance Program (NFIP) flood insurance policy holders receive a 25% discount on their annual flood insurance premiums. The discount is a direct result of the City's floodplain management practices that are credited under a multi -tier CRS program. Having a WMP that meets the CRS program requirements will satisfy one of the CRS criteria for moving to a CRS Class 4, offering a 30% discount to NFIP flood insurance policy holders. Project Management will be led by Lori Lehr, Inc. (Consultant) The effort to draft the Watershed Master Plan will be led by Lori Lehr and Erin L. Deady with Lori Lehr also leading the coordination with ISO to ensure its future acceptance for CRS Activity credit. Collective Water Resources will lead the modeling aspects of the project. According to the CRS Coordinator's manual, the purpose of watershed planning is to provide a tool that can be used in decision-making to reduce flooding from future conditions which can include development/redevelopment, climate change, and sea level rise. This grant -funded deliverable will be prepared with this leading purpose, but also to provide a strong baseline for future work within the City. This project affords the City an opportunity to enhance relevant datasets, explore climate vulnerability, and modernize some of your stormwater information. Task 1 — Data and Baseline CRS Review The Team will review the best -available datasets and inventory the data for use as part of the WMP and related CRS activities. Collective can also assist the City with the selection of a model during this task, should assistance be needed. Related City policies, Code, and other related items will also be reviewed to ensure they will meet the requirements of a CRS Class 4 (or higher). This review will include stormwater design criteria, floodplain management, relevant land development code/regulations, and applicable Comprehensive Plan Elements. The data inventory will include the following items: 1. Soils, land use, and land cover characteristics (e.g., soil types, impervious surfaces, and land use (including wetlands) — among other datasets). The modeling team will pre-screen these data sets for compliance with the selected model. Hydrologic models now require land use data in various formats, so an early data screening will prevent data gaps and/or re -work during model parameterization. It will be necessary for the modeling team to Scope of Work Lori Lehr, Inc. Page 1 270 obtain both existing and future land use files (as available) from the City. The 2018 LIDAR collected by Palm Beach County/USGS will also be reviewed and used as part of this modeling effort. 2. Inventory of existing drainage system — Collective will review available data including the required structures to enhance the hydraulic network for portions of the City. The hydraulic network will include both City infrastructure as well as natural channels/riverine systems. It may also be necessary to include major structures or boundary conditions that are under the jurisdiction of other local or state governmental agencies. Collective will build on the work of previous projects to expedite this task (Coastal Resilience Partnership and the models created by CDM Smith, for example). Based on the outcome of this task the Consultant will identify surveying needs for the project and will submit to City Project Manager for written approval, prior to proceeding with work under this Task. The team will work with a surveyor to obtain certified survey data for critical structures. This survey work will include up to $126,195.00 of survey work to enhance the City's stormwater inventory and to collect the following attributes: a. Pipe Diameters b. Pipe Material c. Inverts and dimensions for various infrastructure d. Pipe Length The survey work will be performed by a professional land surveyor certified in the estate of Florida and in compliance with City standards. 3. Critical facilities, cultural/historical, and other places/areas of interest — Collective will build a strategic Geographic Information System (GIS) based on these features and the selected model. 4. Vulnerable areas and their descriptions —These datasets will originate from many sources. Some of these will be data catalogued by the City, others will originate with the public. 5. Existing regulations and plans in place for reducing flood risks. At the conclusion of this task, a meeting will be held with first City staff to review WMP and CRS strategy, and then with the City and the ISO reviewers to review the following: • The selected modeling software and methodologies for both hydrologic and hydraulic simulation. • The proposed model domain(s) and major networks to be modeled. Calibration methodology will also be reviewed with ISO. • The model level of detail (to ensure CRS requirements will be met). • The geodatabase schema(s) to be used to store various datasets (this will only be shown in the City meeting and does not need to be viewed by the ISO review team). Task 2 — Foundational Analyses and WIMP Outline Based on the outcome of Task 1, Collective will refine the hydrologic and hydraulic model(s) to evaluate a variety of existing and future conditions. The model(s) will be checked and de -bugged based on a future 100 -year storm event to ensure adequate performance during Task 3. Once the initial model run passes the quality control requirements of Collective, it will be calibrated and verified based on the project engineer's judgement. The best available data will be used for calibration. The WMP Outline will also be drafted as part of this task. At the conclusion of this task, a meeting will be held with first City staff to review model results, and then with the City and the ISO reviewers to review the following: • The final model domain, results of the initial model run, and calibration results. • The proposed WMP Outline. Scope of Work Lori Lehr, Inc. Page 2 271 Task 3 — Production Runs and ®raft WIMP Once the Collective Team has received and incorporated all comments from the City and ISO, production runs will be completed. The anticipated model production runs will include: • Current Conditions o 2-1 5-, 10-, 25-, 100-, and 500 -year storm events. • 2040 Conditions o 2-, 5-, 10-, 25-, and 100 -year storm events with sea level rise, future land use (best -available data), and rainfall change factors. • 2070 Conditions o 2-1 5-, 10-, 25-, and 100 -year storm events with sea level rise, future land use (best -available data), and rainfall change factors. • 2100 Conditions o 2-, 5-, 10-, 25-, and 100 -year storm events with sea level rise, future land use (best -available data), and rainfall change factors. This task will satisfy CRS requirements for the model run that evaluates the NOAA Intermediate 2100 conditions. • Model runs based on engineer's judgement to meet requirements of the WMP. Collective reserves the right to run additional simulations based on the need to evaluate potential solutions based on the outcome of the other production runs. The draft WMP will be generated at the conclusion of this task. At the conclusion of this task, a meeting will be held with first City staff to review model results, and then with the City and the ISO reviewers to review the following: • The results of the production runs. • Requirements to meet CRS requirements for future conditions. • The draft WMP. A presentation to the City Commission may be held at the conclusion of this task to present the draft WMP. In addition, the WMP will be submitted to the Florida Division of Emergency Management at the conclusion of this task. Task 4 — Final WMP Once the Team has received and incorporated all comments from the City and ISO, a final version of the WMP will be created. The Team will also coordinate with the City's LMS Working Group to ensure the group will adopt the WMP as an annex in the next LMS Updates and that they will use the data to inform the risk assessment and mitigation strategy. Project Deliverables • A kickoff meeting with City staff. Up to 10 routine update meeting will be conducted (via email or online meetings, depending on staff preference). • Meeting preparation at the conclusion of Tasks 1, 2, and 3 (with the City and then City/ISO Reviewers). The City may request assistance with up to two (2) presentations to the City Commission. • Model executables for all project simulations in native formats. Scope of Work Lori Lehr, Inc. Page 3 272 • Draft WMP Document as both a Microsoft Word document and as a PDF. • Final WMP Document as both a Microsoft Word document and as a PDF. • All supporting GIS files (including the geodatabases mentioned in this scope of work. Inundation maps (both depth and elevation grids) will be provided for all 2-, 10-, 25-, 100-, and 500 -year simulations. • A geodatabase in an ESRI-compatible format with the City's stormwater inventory. • A version of the final WMP to be submitted to the Florida Department of Emergency Management and ISO. This scope of work can be accomplished for a total not -to -exceed amount of $329,110. The project budget is detailed on the following page. Project Schedule A detailed schedule will be provided at the project kickoff meeting with the City. Scope of Work Lori Lehr, Inc. Page 4 273 Task Projected Delivery Date (From Notice to Proceed) calendar days Task 1 — Data and Baseline CRS Review 90 Task 2 — Foundational Analyses and WMP Outline 180 Task 3 — Production Runs and Draft WMP 255 Task 4 — Final WMP 365 Scope of Work Lori Lehr, Inc. Page 4 273 ti N 2MOVIKOMMIN WHEREAS, on April 4,,2023, the City Commission approved the top-ranked proposer identified by the Evaluation Committee frorn the responses received from RF Q UTL23-001 Services - Grant Funded, and authorizedi staff to conduct negotiations with the firm; and EMMM=- MEE= and experience firm that specializes in National Flood Insurance Program (NFIP) Community Rating System (CRS) that would work with the City to achieve the City's climate resilience and flood mitigation goals by rnaintaining the current CRS Gass 5 rating and assist in advancing to Class 4 in addition to developing and implementing a successful resilience program; and WHEREAS, the Agreement will provide for the issuance, of Task Orders in connections to, the completion of the Watershed Master Plan, by providingthe pre -requisite for the City ��11111 II!1I IF � I III III to 30% for property and business owners in the City; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager, to sign the Agreement with, Lori Lehr, Inc, firm as a result of the Request for Qualifications, (RFQ) No. UTL23-001 for Community, Rating System (CRS) and Climate Resilience Planning Professional! Support, Services, being true and correct and are hereby made a specific part of this Resolution upon adoption, S 4IR Widi Lon Lehr Ford RS Raing - Row) Docx 275 34 Section 2. The It Corni"nission hereby apl-n'oves and authorizes the City 35 Manager to sign the Agreement with Lori Lehi-, Inc, firm as a result of the Request for 36 Qualifications (RFQ) No. U1123-001 for Comimunity Rating Systeffl, (CRS) and Clirnate 37 Resiknce Planr6ng Professional Support Services. A copy of the Agreement is attached 38 hereto and incorporated herein, by reference ais Exhibit "A". 39, S,ection.3. This ResoUion shall becoine effective irnmedtel upon passage, 40 PASSED AND, DOPTE this 2nd day of May, 2023. 41, CITY OF YNTON BEACH, FLORIDA 42 43 44 45 Mayor -- Ty Penserga 46 47 Vice Mayor, - Thonias Turkin 48 49 Cot'ninissioner - Angela C1'UZ 50 51, Commissioner -- Woodrow I..., Hay 52 53, Cornmissionet - Airnee Kelley I 57n � ATTR �T T' 5 9 5 60 Mla �y le Dk",e s 6 s, MPA, C 61 City G r 6�2 6�3 INTO/V� 04 64 (Corporate Seal) R -4. 6�5 66 tttt 67 68 20.. VOTE Ty Pen 'ga May , I le " APPROVED AS�O FORM;/ Michael D. Cir0o, Jr, City Attorney S VY"h Lon I Ou 1or CRS gal mg - Docx W;� 277 rotor, AET4111111291ralml I Z 110TIRNINUIM 9*31 61pilzii;Lolk*iaolgttyj,tm!***M"Zf.ililllmal!lzlojgp THIS AGREEMENT ("Agreernent"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of F lor-rda, with a business address, of 100 East Ocean Ave , Boynton Beach, Ft.. 33435, hereinafter referred to as "CITY", and Lori Lehr, Inc. a [type of entity: corporationi aUthorized to do business in the State, of Florida, with a business address of: 901 Waldion Pond Drive, Plant City Florida 563 hereinafter referred to as "CONSULTANT", In consideration of the rnutual benefits, terms, and conditions her&iafter specified the Parties agree, as set forth below. WHEREAS, the CITY solicited proposals for a, non-exclusive contract to perforrn Community Rating System (CR) and Climate Resilience Planning Professional Support Services, and IFIRTMAUMM WHEREAS, RFQ No, UTL.23-001 defined Scope of Services for Community Rating System (CIRS) and Climate Resilience Planning Prof'essionall Support Servjcesi and WHEREAS, the CITY determined that VENDOR was qualified for appointinentto perform the scope of services set forth in RFQ No, UTL23,-01011; and WHEREAS, the CITY Corn6ssion on IMpy ?,2023 J, determined that VENDOR was qualified for appointrrient to perform the scope of services set forth in the REQUEST FOR QUALIFICATIONS [RFQJ; and NOW, THEREFORE, In consideration of the mutual covenants expressed' herein, the parties agree as follows ARTICLE I -SERVICES 11 VENDOR hereby agrees to perform the services, for the Community Rating System (CRS) and Chn'late Resilience Planning Professional Support Services - Grant Funded, as more particularly described in, RFQ No, U'TL23-001 attached hereto as Exhibit "A" and by this reference made a part hereof. 1, 2 VENDOR shall furnish MI services, labor, equipment, and materials necessary and as may be req,uired in the perforrriance of this Agreement, except as otherwise specifically provided for herein, and all work performed Under this Agreement shall be done in a professional ri,mnner, 1,3 VENDOR assumes, professional and technical responsibility for performance of its, services to be provided hereunder in accordance with recognized professional and ethical guidefiries established by their profession If within one year following completion of its services, such services fail to, meet the af:oresaad standards, and the C ITY promptly advises VENDOR thereof in wrifing, VENDOR agrees to re-peirform SUCh deficient services without ctorge to the CITY, 1A The relationship between, CITY and C 0 NIS UILTANT"created hereunder and the services to be provided by CONS ULTANT p u rsua nt to this Agreement are non-exclusive CITY shall be free to Pursue and engage sarnjiarr relationships with other, contractors to, perlorrn the same or similar services performed by VENDOR hereunder, so longi as no other consultant shall lie engaged to perforni, the specific project(s) assigned to VENf OR while V'ENR is so engaged without first terminating such assignment, VENDOR shall be free to pursue RF Q No U1121,001 CRS & air Me Resifience St.gpport SerOws M qL relationships with other parties to perform, the same or similar services, whether or not such relationships are for services to be performed within the CITY, so long as no S,Lsch relationship shall result in a conflict of interest, ethical or otherwise, with [lie Cl"T"Y's interests in the services provided by VENDOR hereunder. 1,5 VENDOR Shatll not Utilize the services of any sub -consultant without the prior written approval of CITY, 1,6 The CITY's Representative during the performance of this Agreement shall be 6DAela Enf aeras. 1.'y The VENDOR'S Representative du6ng the performance of the Agreement shall be 3, TERM. 'The initial Agreement perrodi shall be for an initial terrrr of three (3) years, commencing on M91_1 2023 and shall remain in effect through May_g, 026, The CITY reserves the right to renew the agreement for two (2) one-year renewals subject to vendor, acceptance, safisfactoty performance as determined by the CITY, and determination by the CITY that renewal will be iri the best interest of the CITY, The VENDOR understands and acknowledges that the services to, be performed during the initial three (3) year, term will be, governed by this Agreement, and that there is no guarantee of future work being given to the Consultant In the event that services are scheduled to end either by contract expiration, or by termination by the CITY (at the City's discretion), the VENDOR shallcointinue the services, if requested by the CIITY, or until t�as,k or tasks is/are completed At no firne shall this transitional period, extend irnore than one - hundred and eighty (1 0) calendar days beyond the expiration date of the existing contract, The VENDOR 'will be reimbursed for this service at the rate in effect when this transitional periodclause was invoked by the CITY, 4TIME OF PERFORMANCE, Work under, this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed VENDOR shall perform all services and, provide all work products required pursuant to this Agreement and specific task order unless an extension of fime is granted in writing by the CITY', 5, PAYMENT, The VENDOR shall be, paid by the CITY for cornpleted work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a, Paymermi for tl e wwom•k provided N')tr VEt4DOR shall be nmade as provided ori Exhibit "` °" aNtached hereto, b. Payment as provided in this section by the CITY shall befull cornpensation for work performed, services, rendered, and for all materials, supplies, eqtflpment, and incidentalls necessary to cornpIete the work c Compensation for sub -CONSULTANTS will be negotiated based or) each task / purchase order, Compensation wil'il be through a direct mark-up in, accordance with the Schedule of Professional Fees attached hereto. Sub-consWing services shall be approved by the City"s representative prior to perlorniance of the sub -consulting work, Consulting firne for processing and management of the sub- CONSU LTANI' shall not be included in, direct, cost as the direct niark-up, is applied for niariagernent efforts, bo The VENDOR may submit invoices to the, CIT'Y'once per month during the progress of the work forr partial payment Such Ovoicies, will be checked by the CITY, and upon approval thereol, payment will be made to the VENDOR in, the, arnount approved, e. Final payn,ient of any balance due flue VENDOR of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion 1',)f the work under this Agreement and its acceptance by the CITY RFQ No. 101-23-001 CRS & mmate ResWence Supporl Services G-2 279 f, Final lnvolice: In order for both parties herein to close their books and records, the VENDOR will clearly state "Final Iny6ice" on the EN DO final/last billing to the CITY, The final invoice certifies that all services have been properly, performed and all charges and costs have been invoiced to the CITY Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the VENDOR, g, The ENDO 's records and accounts pertaining to this, Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request, In The cost of alll services as stated herein shall remain fixed and firm for the initial three (3) year period of the contract Cost of subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unUSUM and significant changes have occurred in, the industry, such increases shall not exceed % per year, or whichever is less, the latest yearly, percentage increase jr) the All Urban Consumer Price Index (CPW) (National), as published by the Bureau of Labor Statistics, Ul S, Department of Labor, The yearly increase, or decrease in the CPI shall! be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior, Any requested cost increase shall be, fully documented and subaiitted to the CITY at least sixty (60) days prior to the contract anniversary date, Any approved cost adjustrrients shall become effective upon the anniversary date of the contract In the event the CPI or industry costs decline, the ClY shall have the right to receive frorn the VENDOR, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not property documented, increases are considered to be excessive, or decreases, are considered to, be insufficient In event the ClY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30), calendar, days written notice to the VENDOR, 1 AM payments shall be governed by the Local Government Prompt Payment Act, as, set forth in Part' II, Chapter 2,1 8, Florida Statutes OWNERSHIP AND USE OF DOCUMENTS. Upon conipletion of the project and final payment to VENDOR, all documents, drawings, specifications, and other rnaterials produced by the VENDOR in connection with the services rendered under this agreernent shall be the property of the CITY whiethel the project for which they are made is executed or not, Notwithstanding the foregoing, the VENDOR shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of dra*n9s and specifications for inforrnafion, reference, and use in connection, with VENDOR'S, endeavors. Any use of the documents, for purl:mses other than as origiinally intended by this Agreement, without the written consent of VENDOR, shall be at tl,,le CITY's sole risk and without liability to VENDOR and VENDOR'S SLib-CONSULTANTS, 7, FUNDING. This Agreement shall remain in full force and effect only as lorig as the expenditures provided in the Agreement have been appropriated by the CITY m the annual budget for each fiscal year, of this Agreement, and is subject to termination based on Pack of funding, 8, WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreenrient and that it will retain and assign cluallified professionals to all assigned projects during the term of this Agreeirnent. VENDOR's services shall meet a standard of care for Community Rating System (CRS) and Resilience Planmng Professional Support Services and related services equal to or exceeding the standard of care for surveying professionals practicing under sirnflar conditions, In submitting its response to the RFQ, VENDOR has represented to CITY that certain, individuals, employed by VENDOR shall provide services to CITY pUrSUant to this Agireement, CITY has relied upon such representations, Therefore, VENDOR shall riot change the designated Project Manager for any project without the advance written approval of the ClTY, which consent may be withheld in the sole and absolute discretion of the CITY, RFQNoAJTL23,001 (,RS&ClifTrateRe.,iri:er-iceSLapportServitx-s �C.3 9, COMPLIANCE WITH LAW . VENDOR shall, in, performing the services contemplated by this Service Agireem:ent, faithfully observe and, comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. % PRICES, TERMSAND PAYMENT. Hourly rates shall be firm for the initial contract term of (3) three - years, No rate increases shall be accepted during the f4st or, second year of'this contract term, Thereafter, for the third year of the contract and any extensions which may be approved by the City shall be subject to, the following: Costs for the three contract year end any extensions shall be subject to an adjustment only it increases or decreases occur rin the industry, Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPJ-U) as published by the Bureau of Labor Statistics, US, Department of Labor, ands shall not exceed, five percent (5%), The yearly increase or decrease in the CPi shall be that latest Index published arid available for the calendar year ending December 31st, prior to the and of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully docuniented and submitted to the City at least ninety (901) days, prior to the contract anniversary date, Any approved cost adjustments shall becorne effective on the beginning date of the approved contract extension, Cost adjustments, in, all cases shall reflect only a direct pass-through of costs, and no changes to the Vendor's profit margin shall be permitted, All rate increases above 2% rnust be approved by the City Commission on recommendation of the Director of Financiai Services, 11. INDEMNIFICATION'. A, 'The VENDOR shall indernnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all! liability, losses or darnages, including attorneys" fees and costs of defense, which, the CITY or its officers, employees, agents or instrumentalities may incur as a result of clainis, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this, Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors, The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all clairris, suits or actions of any kind or, nature in the name of the CITY, where applicable, includingi appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which, may issue thereon, Neither party to this Agreement shall be liable to any third party claiming directly or through, the other respective party, for any special, incidental, indirect, or consequential darriiages of any kind, including but riot limited to lost profits, or use, that may resurt from this Agreement or out of the services or goods furnished hereunder, B, The par -ties understand and agree that the covenants and representations relating, to this indemnification provision shall survive the term of this Agreement and continue in full force,, and effect as to the party's, responsibility to inderrirlity. C, Nothing contained herein is, intended nor shall be construed to waive CITY's rights and immunities, under the common law or §768,28, Fla. Slat,, as nnay be arniendedfrorn firne to time, '12, INSURANCE, A, During the performance of the services tinder this Agreement, VENDOR shall marritain, the following insurance policies, and provide originals, or certified copies of all policies to CITY's Director of HUrnan Resources and Risk Management, All policies shall be written by an insurance company authorized to do business In Florida, VENDOR shalll be required to obtain all applicable insurance coverage, as indicated below, pricer to corrimencing any service pursuant to this Agreement Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this, Agreement, Worker's Compensation Insurance covering all employees with limits RFQ No UTL23-001 C,RS & Climate ResOience Supp(nt Sewices 281 meeting all! applicable state and federal laiws, TNs coverage shall include Employer's Liability with limits rneeting all applicable state and federal laws,, This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance, The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Comprehensive General Liability" The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General, I-rability Insurance. This coverage shall be on an "Occurrence' basis, Coverage shall include Premises and Operations-, Independent consultants,, Products -Completed Operations, and Contractual Liability, with specific reference to Article 7, "Indemnification," of this Agreement, This, policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this, Agreement. VENDOR shall maintain a n1ininiUm coverage of $1,0100,000, per Occurrence and $1,01001,000 aggregate for personal p,nju ry/ and $ 1,000,000 per occurrence/aggregate for property damage, The general liability inSUrance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy uporl thirty (30) days prior written notice to the CITY, Business Automobile UabilitThe VENDOR shall procure arid maintain, for the life of this Agreement, Business Automobile Liability InSUrance, The VENDOR shall rnaintain a, nriinirnuni amOUl"It Of $1,0010,0001 combined single limit for bodily iniLwy and property damage liability to protect the VENDOR from claims for, damage for bodily and personal injury, including death, as welt as frorn claims for property damage, which may valise froali the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. Professional, Liability (Errors and Omissions) lnsuranceThe VENDOR shall procure and maintain for the life of this Agreement in the mirdr-nUrn amount of $1,000,000 per occurrence. UmbrellalExcess Liability Insurance: in the amount of $1,000,000,00 as, determined appropriate by the CITY depending on the type of job and exposures conternpIated. coverage niust follow the form of: the General Liability, Auto, Liability and Employer's Liability, This coverage shall be maintained for a period of no less than the later of three dal years after the delivery of goods/services or final payment PUrsuaint to the Agreement, VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance urider this Agreement. Faflureto maintain the required lnsurance will: be considered a default of the Agreement, The CITY shall be named as an additional insured, The coverage shall, contain no finiftations on the scope of protection afforded! the CITY, its officers, officials, empioyees, or volunteers, A current valid insurance policy meeting the requirements herein identified shall be maintarned during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or canceled! by ether party, reduced 0i coverage 0 limits except after thirty (30) days prior whtten notice by either certified mail, return receipt requested, has been given to the CITY, The CITY reserves the rlghit to reasonably require any additional insurance coverage or increased limits as, determined necessary by ffie Director of Human Resowces and Risk Management, The CITY reserves the right to review, modify, reject, or accept any required policies Of insurance, including knits, coverage, or endorsements ffiroughout the term, of the Agreement, INDEPENDENT CONTRACTOR. The VENlDO,R and the CITY agree that the VENIDOR is an independent contractor with respect to the services provided pursuant to this Agreernent, Nothing in this, Agreement shall be considered to create the relationship of employer arid employee between, the parties hereto, Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement, The CiTY shall not be responsible for withholding or otherwise dedUcting federal income tax or Social Security or for M�h contributing to the state industrial insurance prograrn, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR, '14VENAT AGAINST.90NTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than abona fide ernployee working solely for the VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentagie, brokerage fee, gifts, or any other consideration contingent upon or resulting frorn the award or making of this, contract. For breach or violatior-i of this warranty, the UTY shall have the right to annual this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such 'fee, commission, percentage, brokerage fee, gift, or contingent fee, 115 OFFER EXTENDED TQ,,--2TH,ER GOVERNMENTAL- ENTITIES,: The City of Boynton each encourages arid agrees 'to allow the, vendor to extend the pricing, ter ins, and conditions of this, solicitation and resulting agreement/contract to other governmental entities pursuant to the requirements of the federal awarding agency, 16TRUTH-Ili-NEGOTIATIO,N CERTIFICATE. A, Execution of this, Agreement by the VENDOR shalt act as the exeUrtion of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the VENDOR's niost favored customer for the sarne or substantially siniflar service. B, The said rates and cost small be adjusted to exclude any significant surns should the CITY detennine that the rates and costs were increased due to inaccurate, incornplete, or, non-current wage rates or due to inaccurate representations of fees paid, to outside VENDO�Rs. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. 17, DISCRIMINATION PROHIBITED- The 'VE�R. Mth regard to the work perforrried by it under this agreement, will not discriminate on the grounds, of race, color, national origin, religion, creed, age, sex, ,or the presence of any, phiysicall or sensory handicap in the selection and retention of employees or procurement of materials or supplies, 18, ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement Without the express written consent of the CITY". 19, NON-WA,IV'ER. A waiver by either CITY or VENDOR of, any breach of this Agreement shall not be bindjngUpon the waiving party unless such waiver is in writing, In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach The making or acceptance of a payment by either party 'with knoMedge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach, 20, TERMINATION. A. Termination for Convenience, This Agreement rnay be terminated by the UTY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services perfornied to the termination date, including services reasonably related to termination, In the event that the! VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY agaiinst loss, pertaining to this terrnination. B, Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR, neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (301) days after receipt by 'VENDOR of whtten notice of such neglect or failure, FRA70 No, UTL23 0101 C4 . Mnate PesMence Suppod SmMces C,6 q -X1 Any and all legal action necessary to enforce the lernis of this, Agreement shall be governed by the laws of the State of Florida. Any legal action arising from [lie terirns of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County, Correction of Work. If, in the judgmentof CITY, work provided by VENDOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves, the right to require that VENDOR correct all deficiencies in the work to bring the work into conformance without additional cost to UTY, and/or replace any personnel, who fail to perform in accordance with the requirements of this Agreernent. CITY shall be the sole judge of non-conformance and the quaff of workmanship, Remedies in Default, In case of default by VENDOR, CITY shalt notify VENDO�R, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all! provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement, Upon such declaration of default, all payments remaining due VENDOR at the time of default, less all sums due CITY for damages suffered, of expenses incurred by reason of default, shall be, due and payable to VENDOR, C IT Y may complete the Agreernent, or any part thereof, either by day labor, use Of a subcontractor, or by re -letting a, contract for the same, and procure the equiprnent and the facilities necessary for the complefion of the Agreement, and charge the cost of carne to VENDOR together with the costs incident thereto to such default In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, UTY shall retain such dMerences. Should such cost to ClTY be greater-, VENDOR shall pay, the arnount of sucti excess to the CITY, Notwithstanding the, other provrsions in this Article, CITY reserves the night to, terminate the Agreement at any firrie, whenever the service provided by VENDOR fails to meet reasonable standards ofthe trade after CITY gives written notice to the VENDOR of the deficiencies as, set forth in the wriitten notice within fourteen calendar (14) days of` the receipt by VENDOR of such notice from CITY . ......... . . . .... ......... Neither the UTY norVEND�OR shall be considered to be un default of this Agreen'.1erit if delays In or failure of performance shall be due! to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not, avoid The term 'Uncontrollab]e Forces," shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which its beyond the reasonable control of the non-perfortning party. It includes, but is not limited to fire, flood, earthqual es, storms, lightning, epidemic, war, riot, civiii disturbance, sabotage, and governmental acfions. Neither party shall, however, be excused from performance if non-performance is clue to forces which are preventable, removable, or remediable, and which the non-performing party Could have, with the exercise of reasonable difigence, prevented, reimved, or rerniedied with reasonable dispatch The non-perforniing party shall', witil,iin a reasonable time of being prevented or delayed from perfoirnance by an uncoritrollable force, give 284 written notice to the other party describing the circurnstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. NOTICES. Notices to the CITYshall be sent to the following address: Daniel DUgger, City' Manager City of Boynton Beach 100, EOcean, Avenue Boynton Beach, FL 33435 Telephone No, (561)1742-6000 Notices to, VENDOR shall be sent to the following address: 23, INTEGRATED AGREEMENT. This, agreement, together with attachrnents or addenda, represents the entire and integrated agreement between the CITY and the VENDOR and supersedes all prior negotiations, representations, or agreements written or oral, Ths, agreement may be amended only by written instrument signed by both CITY and VENDOR. Mmffw*; .1 Sealed dOCUMents received by the CITY in response to an invitation are exempt from public records disclosure wAil thirty (30) days after the opening of the Bid unless the CITY announces intent to, award sooner, in accordance with Sectlon 119,017, Florida Statutes, 24,2 The CITY is a public agency subject to Chapter 119, Florida Statutes, Tile VENDOR shalt coniply with Florida's Public Records Law, Specifically, the VENDOR shaW A, Keep and maintain public records required by the CITY to perform the service; B Upon, request from the CITY's custodian Of public records, provide the CITY with a copy of the requested records or aliow, the records to be inspected or copied within a reasonable, firne at a cost that does not exceed the cost provided inn chapter 1191, Fla, Stator as otherwise provided: by lawn� C. Ensure that public records that are exempt or that are confidential and exernipt from public record diSCIIOSUre requirernents are not disclosed except as mAhorized by taw for the duration of the contract tenor and, following completion of the contract, V'ENIDOR shall n,,iaintain in a secured manner all copies of such confidential and exempt records remaining in its possessiori once the VENDOR transfers the records in its possession, to the CITY, and D, Upon completion of the contract, Const.fltant shalt transfer to, the CITY, at no cost to the CITY, all public records in VENDOR'S possession All records stored eIectronicaily by VENDOR niust be provided to the CITY, upon request frorn the CITY's custodian of public records, in a format that is compafibie with, the information technology systems of the C111 Y. RFQ No UH 23-001 CRS & Cr4nale ResMence Suppod Service,& W 285 CITY CLERK 100 E. OCE,AN AVENUE BOYNT:OiN B�EACH', FLORIDA, 33436 TE�LEPHONE: 661-7:42-6,060 gliLCIerk bbfims; 241 VENDOR cleilifies that it is aware of and complies Mth the requirements of Section 448.095, Florida Statutes, as nriay be aniended from firrie to time and briefly described herein blelow, 24,11 Defiriiitioriisfo�rtliisSection: A, "Contractor, Vendor, Proposer, Consultant" means a, person or, entity, that has entered or is, attempting to enter, into a contract with a public ernployer to provide 4bor, supplies, or services to such employer iri, exchange for a salary, wages, or other remuneration "Contiractor" includes, but is not limited to, a vendor or consultant, B,, "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor iin exchange for a salary, �, or other remuneration C. T -Verify systenr" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the ernp]oynierit eligibility of newly hired en'llployees, 2412 Registration Requirement, Termination, Pursuant to Section 44 8,0195, Florida Statutes, effective January 1, 2021, Coritra,ctors, shall register with and use the E - Verify Systemin order to, verify the work authorization status of all newly hired employees, Contractor shall register for and utilize the U.S Department of Homeland Security's E -Verify System to verify the employment eligibility of: A. A1lpersons eriiployedblyaCo,ritractoi,tolierforniemptoynientduties withirlFlorida during the term of the contract„ and 25, SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this RFQ, vendor certifies that vendor is not participating in a boycott of Israel, Vendor further certifies that venclor, is not on the Scrutinized Companies that Boycott Israel fist, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran PetroleUrn Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above Submitting a false certification, shall be deen'ied a material breach of contract The City shall provide notice, in writing, to Contractor of the City's determination concerning the false cedification. Vendor shall have five (5) days from receipt of notice to refute the false certification allegation, If such false cert ifi!cation is discovered during the active contract ten -11, Vendor shall have ninety (90) days f0lowii ig receipt of the notice to respond in writing and dernonstrate that the determination of false certification was made in error, if: Vendor does riot demonstrate that the City's determinatron of false certification was, made in error there the IRFQ No, UTL23-0101 GRS & Climate FReMhence Support Ser0ces G19 OF: City shaH have the right to terminate the contract and seek civil remedies pursuant to Section 287,135, Florida Statutes,, as amended from time to firne, MEMNAMN21 I � * I Notwithstanding anything to the contrary set forfli herein, vendor shall comply with the all applicable federally, required standard provisions whether set forth herein below, in 2 CFR Part 00, or otherwise. Any reference, made to VENDOR 41 this section shall also apply to any subcontractor under the terms of this Agreement 261 Equal gmploymentOp ortunity. During the performance of this contract, VENDOR agrees as follows: A, VENDOR will not discriminate against any employee or applicant for ernployment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. VENDOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion,, sex, seXUal orientation, gender identity, or national origin. Such action shall include, twit not be limited to the following: Employment, upgrading, demotion, or transfer', recruitment, or recruitment advertising layoff or terminations rates, of pay or, other fornis of compensation; and s6ection for training, including apprenticeship, VENDOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. VENDOR will, un all solicitations or advertisenients for employees placed by or or) behalf of VENDOR, state that all qualified applicants wvilll receive consideration for employment without regard to race, color', religion, sex, sexual orientation, gender identity, or national origin, Ci VENDOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inqUired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an ernpiloyee who has access to the compensation information of other employees or applicants as a part of such employee's essential j�oib functions discloses the compensation Of SLIch other ernployees or applicants to indiiilidUaIS who do not otherwise have access to such information, Unless such disclosure is in response to a formal complaint oT charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with DOR "s legal duty to furnish information, D- VENDOR will send! to each labor Union or representative of workers with which it has, a collective bai,gaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of VENDOR is commitments Under section 2012 of Executive Order 11246 of September 24, 19615, and shall! post copies of the notice in conspicuous places available to employees and appliican,ts for employment E, VENDOR will comply with all provisions of Executive Order 1,12461 of September 2!4, 1965, and of the rules, regulations, and relevant orders of the Secretary of tabor,. F, VENDOR Will fUrrIiShi all OfOfrrialion and reports required by Executive Order 11:1246 of September 24,119165, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for, RFQ No, UTL23-001 CRS & Climate Resfliermr* Support Services 0-10 287 purposes of investigationto ascertain compliance with such rules, regulations, and orders G, In the event of VENDOR "s non-cornphance with the nondiscrimination clauses of this contract or Wiffi any Of such rules, regi(,i lat ions, or orders, this Agreement may be canceled, terminated or suspended in whole or in part and VENDOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 1,1246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided, in Executive Order 11246 of September 24, 11965,, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law, H, VENDOR will include the provisions, of paragraphs (Al through (H) in, every subcontract or purchase, order unless exoiiipted by rules, regulations, or orders, of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of Septembers 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. VENDOR will take such, action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event VENDOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, VENDOR may request the United States to enter into such lifigation, to protect the interests of the United Mates, The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employmerit practices when it participates in federally assisted construction, work, Provided, that if the CITY so pai,licipating is a state or local government, the above equal opiportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract, The CITY further agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors, and subcontractors with the equal opportunity clause arid' the rules, regulations, and relevant orders of the Secretary of Labor, that it Will furnish the administering agency and' the Secretary of Labor such information as, they rnay require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of: the aq gency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modifiCatiorl subject to Executive Order 11246 of September 24, 1965, with a contractor debar -red from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and wiH carry Out such sanctions and penalties for 0olation of the equalopportunity clause as niay be Unposed upon contractors and subcontractors by the administering, agency or the Secretary of Labor pursuant to Part il, Subpart D of the Executive Order, In ad'd'ition, the CITY agrees that if it fails or refuses to, comply with tt'iese undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the programi with respect to which the failure or refund' occurred until satisfactory assurance of future compliance has been, received from such CITY; and refer tl,�re case to the Department of Justice for appropriate legal proceedings, 2&2 Davis -Bacon Act, VENDOR shall comply with tl"ie Davis -Bacon Act (40 U.&C, 27'6a to 276a- 7) as supplemented by De,paihinent of Labor Regulations (29 CFR Part 5) r In accordance with the statute, VENDOR rnust be required to pay wages to laborers and mechanics at a rate not RFO No UTL23-001 CRS &Chrnate ResMence Support Services M 288 less than the prevailing wages specified in a wage determination made, by the Secretary of Labor, In addition, VENDOR must be required to pay wages not less than, once a week, 263 Copeland "Anti -Kickback" Act. VENDOR shall comply with the Copeland "Anti -Kickback" Act, (40, U &C 314 ,5), as, supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on public Building or Public Work Financed in Whole or in Part by Loans or Grants, from the United States"), VENDOR rnust be prohibited frorn inducing, by any means, any person employed in the construction,, completion, or repair of public work, to give tip any part, of the compensation to which he or she is otherwise entitled. CITY must report, all suspected or reported violations to, the Federal awarding agency, 26A Contract Work Hours and Safety, Stanclards, Act (40 US.0 3701-3708)1, Where applicable, pursuant to 40 US C, 37012 and 3704, as supplernented by Department of Labor regulations (29 CFR Part 5) VENDniust be required to compute the wages of every mechanic and laborer, on the basis of a standard work week of 40, hours, Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 4,0 hours in the work week, The requirenients of 40 U&C, 3704 are applicabletc, construction work and provide that no laborer or mechanic nnust be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous, A, Overtime requirements No contractor or subcontractor contracting for any part of the contract work which may require or involve the ernptoyrnent of laborers or mechanics shall! require or permit any Such laborer or mechanic in any workweek in which hie or she is employed on, such work to work in excess of forty hours, in Such workweek unless such laborer of, mechanic receives cornpienisation, at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours 41, such work week. B Violation-, liability for unpaid wages,; liquidated damages, In tine event of any, viol�ation, of the clause set forth in paragraph, (A) of this section the VENDOR and any subcontractor responsible therefor shall be liable for, the unpaid wages, In addition, such contractor and subcontractor shall be liable to the United States (in the, case of work done under contract for the District Of Columbia or a territory, to such' istirict or to such territory)�, for Hquidated damages,. Such liquidated damages shall be coirnputed with respect to, each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (A) of this, section!, in the surn of $10 for each calendar day on whichsuch individual was required or permitted to work in excess of the standard workweek of forty flours without payment of the overtinie wages required by the Clause set forth in paragraph (A) of this section, C_ Withholding for unpaid wages, avid liquidated darnagies CITY shall upon its own action or Upon written request of an authorized representafive of the Department of Labor withhold or cause to be withheld, from any ntoneys payable on account of work performed by VENDOR or subcontractor under any such contract or any other, Federal contract with the sarne prime contractor, or any other federal ly-assisted contract subject to the Contract Work Hours and Safety Standards, Act, which is held, by the same prime contractor, such suiri'm as may be determined to be necessary to satisfy any liabilities of such contractor Or Subcontractorfor unpaid wages and liquidated damages as provided in the clause set fortl,-i in paragraph (26,4,2) of: this section. D Subcontracts, VENDOR or, subcontractor shall insert in any subcontracts the clauses set forth in paragraph (A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower filer Subcontracts, The prime contractor shall be responsible for compliance by any subcontractor or lower Fier subcontractor with the clauses set forth in paragraphs (A) thrOLigh (D) of this section, RFQ r4m UTL23-001 CRS & Ctom ale Resifience Supporl SejrVjCpS M q -R, 26,5 VEN'DOR agrees to comply with all applicable standards, orders or regulations issued pUrsuant to the glean Air Act (42 U, S, C. 7401- 7671 q) and the Federal Water Pollution Control Act, as amended (33 (TS,C, 1251- 1387). CITY will report violations to the Federal awarding agency and the, Regional Office of the Environmental Protection Agency (EPA) A, Clean, Air Act. VENDOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U,S C, § 7401 et seq. VENDOR agrees to report each violation to CITY and understands and agrees, that the CITY will, in turn, report, each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate EnvironmentalProtection Agency Regional Office. VENDOR agrees to include these requirements In each subcontract exceeding $1501,0,010 financed in, whole or in part with Federal assistance. 13, Federal Water Pollution Control Act�,VENDOR agrees to comply with aH applicable standards, orders or regulations issued PUrSUant to the Federal Water Pollution Control Act, as amended, 33 U,S,C, 1251 et seq. VENDOR agre es. to report each violation to the CITY and, Understands and agrees that the CITY will, in turn, report each violation as required to assure notification to, the State, Federal Emergency Managernent Agency, and the appropriate Environmental Protection Agency Regional Off Ace, 'ENDO, agrees to include these req u r rernents in each subcontract exceeding one hundred fifty thousand dollars ($1,50,000) financed III whole or in part with Federal' assistance 266 Suspension and Debarment, This Agreement is a, covered transaction'for purposes of 2 CY',R, pt, 1180and 2 C,FR, pt000, as suchiVENDOR is required to verify that none of the CONSULTANT's agents, principals (defined at 2 C F,R, § 180,995),, or affiliates (definedat 2 C,F R § 180.9015) are excIuded (defined at 2 C,F,R. § 180,940) or disqualified(defined at 2 C,FJR, § 18),930, * VENDOR must comply with, 2 C,F,R, pt, 180, subp�art C and 2 C,F,R, pt. 3000, subpart C and nILISt include a requirement to comply with these regulations in any lower tier covered transaction It enters into. This certification is a material representation of fact relied upon by CITY, If it is, later deterniined that CONSULTANT did not comply with 2 C.F,R, pt, 180, Subpart C and 2 C,F.Rpt, 300,01, subpart C, in, addition to remedies available to State and CITY, the Federal Goverranent nlay puirsue available rernedies, including but not limited to suspension anther debarment, * The bidder or proposer agrees to comiply with the requirements of C,F,R, pt, 180, SLAbpart C and 2 CTR pt, 300�O, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to inCIUde a provision requiring such compliance in its lower, tier covered transactions, 267 Byrd Anti -Lobbying, Amendment, as amended (311 US, § 1352),VENDOR shall, file the required certification pursuant to 31 U,,&C '1352, Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for Influencing or attempting to Influence an officer, or employee of any agency, a niember of Congress, officer or ernployee of Congress, or an employee of a mernber of Congress in connection with obtaining, any Federal contract, grant, or, any other award covered by 31 U,S,C, § 1352, Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any federal award, Such disclosures are forwarded frorn tier, to tier LAP to, the recipient, 26ompliance with State Energy Policy and Conservation Act, VENDOR shall comply with all mandatory standards and policies relating to energy efficiency contained 41 the State energy conservation plan issued in compliance Mth the Energy Policy and Conservation Act (Pub. L, 94-163,, 89 Stat 871), RF Q No U11.23-001 CRS & Climate Resd¢ ence Supporl SeMms C,.'13 290 2&9 Procurement of Recovered Materials,, The CITY and VENDOR mUSt comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA), at 40 CFR part; 47 that contain the Nghest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the iteral exceeds $10,000 or the value of the quanfity acquilred during the preceding fiscal year exceeded $101,000prOCUring solid waste managernent services in a manner that maximizes energy a,rwi resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in, the EPA guidelines, 26,10 Reporting. PUrsuant to 44 CFR 13,36(()(7), VENDOR shall comiplly with federal requirements and regulations pertaining to reporting, including but not Mifted to those set forth, at 44 CFR 40 andl 41, if applicable, Furthermore, both parties shall provide the FEMA Administrator, U.S. DOT' Administirator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of VENDOR which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions,. Also, both Parties agree to, provide FEMA Administrator or his authorized! representative access to construction or other work sites pertaining to the work being completed under the Agreement, 26,11 Rights to Inventions, VENDOR agrees, that if this Agreement results in, any copyrightable materials or inventions,, the Federal Government reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or inventions for Federal Government Purposes, 26.112 No Obligation, by the Federal Government, The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract, 26,13 Department of Homeland Security (DHS) Seal, Logo, arid! Flags. VENDOR shall not use DHS(s)f ]logo,,;, crests, or reproduct�ions of fiags or likenesses of Dil---lS agency officials without specific federal pre -approval 26,14 Compliance with Federal Law, Regulations, and Executive Orders, This is an acknowledgen,tent that federal financW assistance will be used to fund the Agreernent only. VENDOR wnrill comply with all applicable federal law, regUlations, exeCUtiVe orders, policies, procedures, and directives, 2615 Fraudulent Statements, VENDOR acknowledges that 31 U,S,C, Chap. 38 applies to VEND OR's actions pertaining to this Agreenient. 26,16 Prohibition on Contracting for Covered Telecommunications Equipment or Services. As used in this clause, the terrns backhaut° covered foreign country„ covered telecommunications eqOprnent or services; interconnection arrangements; roamiing„ substantial or essential component~ and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecornmunicatlons Equipment or, Services (Interirn), as used in this clause mamm i. Section 89(b), of the John S, McCain National Defense Authorization Act for Fiscal Year 2019, Pub, L. No. 11, 5-232, and 2 C,F.# § 2010,2 16 prohibit the head of an eXeCUfive agency on or after Aug, 13,, 2020, from obligating or expending grant, cooperative agreernent, loan, or loan guarantee funds on certain, telecommunications products or from certain entities for national seCUrity reasons RFO, No, UJ L23-001 GFRS & Cfimate ReMierxe Suppod SerOces M 291 fl, Unless an exception in paragraph (B) Of this clause applies, the VENDOR and its Subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a, Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or, as critical technology of any, sys,te�m„ b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essenfial component of any systern, or as critical technology of any systeriy c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any systen-i; or d,. Provide, as part of its performance, of: this: contract, subcontract, or other contractuall instrument, any equpment, system, or service that uses covered telecon')munications eqUiPrnerrt or services as a substantial or essential cornponent of any systern, or as critical technology as part of any system,, 014=70 M1 i, This clause does not prohibit VENDOR from providing: (a) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangenients, or (b) Telecomm Lin ications equilr.)rrient that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. ii, By necessary implication and regulation, the prohibitions also do not apply to(ai) Covered telecommunications equipment or services tflaU i, Are not used as, a Substantial or essential component of any system; ands fl, Are not. used as critical technology of any system, (b) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services, C. Reporting requiteryient, In tl,ue event VENDOR identifies covered telecommunications equipment or services used as a substantial or essential component of any systern, or as critical technology as pail of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in, paragraph (ii) of this clause to the recipient OF SUbrecipient, unless elsewhere iin this contract are estabfished procedluies for reporting the Information 4, The VENDOR shall repod. the following information pursuant to this section: (i) Within One business day from the date Of Such identification or notification: The contract number, the order number(s), if applicab,lle; supplier naniier supplier unilque entity identifier (jif known); Supplier Commercial and Government Entity (CAGE) code (if known)i brand, model number (originall equipment nianufacturer number, manufacturer part number, or wholesaler, number)„ itern description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten ('10), business days of submitting the information required by this Seclion: Any further availlabie, information about mitigation actions undertaken or recornmended, In addition, the contractor shall describe the efforts it Undertook to prevent use or submission of covered telecommunications equipment or seiNices, RFQ No. UT11-23-001 CRS & Urnale Resfhence Suppoo Services, ("1-15 292 and any additional efforts that will be incorporated to prevent future use or submission of covered teiecominiurfications equipment or services. The VENDOR shall insert the substance of this clause, including this, in all Subcontracts and other contractual instruments, 2617 Domestic Preference for Procurements, As appropriate, and to the extent consistent with law, the VENDOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials, produced in, the United States, This, includes, but is not Hmited to iron, alurninurn, steel, cernent, and other manufactured products, For purposes of this clause: Produced in the united States rneans, for iron and steel products, that all manufacturing processes, from the initial malting stage through the application of coatings, occurred in the United States, Manufactured products rnean items and construction materials composed in whole or in part of non-ferrous metals such as aluirninurn„ plastics and p6yrner-based products such, as polyvinyl chloride pipe,-, aggregiates, such as concrete; glass, including optical fiber and lurnber, 26,118 Affirmative Socioeconomic Steps If subcontracts are to be let, VENDOR is reqluired to, take all necessary steps identified in 2 C, F R. § 200.3211 (b)(l)-(51) to ensure that small and minority businesses, wornen's business enterprises, and labor surplus area firms are used when, possible. ,t', License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the VENDOR grants to CITY, a paid-up, iroyatty-free, nonexclusive, irrevocabille, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use including prepare derivative works, distribute copies to the public, and performpublicly and display publicly, such data, For data required by the contract but not first produced in the performance of this contract~ VENDOR will identify such data and grant to the CITY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract, Data, as used herein, shall include any work subject to copyright under 17 U &C. § 102', for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or, other audiovisual works, sound and/or video recordings, and architectural works,, Upon or before the, completion, of this contract, VENDOR will, deliver to the VENDOR data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by VENDOR, RFQNo, UTL23-()0'1CRS&Clilnate Resupie"r;e$tr!ppor[Sei'via,s ME 293 IN WITNESS WHEREOF, the parfies have hereunto set their hands and seals on the day a 1 11 year set forth below their respective siignaturesi, 0 IN WITNESS WHEREOF, the pa,reto have executed this Contract in multiple copies, each of' wh ich shall be considered an original on the followinedam • DATED this da y of 20 p, CITY -OF BOYNTON BEACH Approved as to Fonn: Michael Di. Ciruflo, Jr. Office of the CITY Aftorney (AM6ed OfficiaMameci qr r) PrIame oif Authorized Official V AftestlAuthenticated Mess Print Name RFQSao, UT'L23-001 CRS&CliimatillenodS&nitces MN 294 295 City of Boynton wch Risk Management INSURANCE ADVISORY FORM Under the term andl condntiorns of all contracts, leases, and agreernents, the Cityrequires, p ropri t ov re lasting the laity of Boynton Beach as AddiUonal insured. This is done by providing a Certificate of insurance lusting the City as "Certificate Holder" and "The City of Boynton Beach is Additional Unstured as respect to coverages noted.", insurance companies providing 'insurance coverages rrnust have a current rating by AM, Best Co. of "B+" or, hJgher. (Ai( . An insurance contract or bi ndw ntayA be accepted as proof of insurance of Certificate r.s providedd' upon sefection of vendaor) "Ftnefollo ring Is a lust of types of insurance, required of contractors„ lessees, etc,, and the Iimits required by Vine City (NI TE: This list is not all inclusive, and the City, reserves the right to require additional types of Insurance, or to raise cwrlower time stated iirrnlita„ fused upon identified risk.) ._._-,. __-____. ... ..... __..._ ----- --.1 ------- ............ __.m_____ ®.a.1----.1 ------_ __-_.._-. u.-,._ _,n__,._®_,- l'1rIP (Occurrence fused! Only) MINIMUM LIIMl-Q_VIRED l eatleral i_ _m__ _-.___m____-.._.,__,.,,.....�.._._.._.____.._______------ ____ _______ __-----_.._,._..._.._..,.._ a bflity General Aggregate 1,00 0100Dg onnmerciat General! Liability Products- ormp/Op A,gg a 1,000,000. 0 Owners & E'ontractoes Protective (OCP) Personal & Adv injury 1,000,00 0,00 Asbestos Abatement: Each Occurrence 1,0100 ,000,010 Lead Abatement Fire Dan°ra;ge (any one fire) E0,0010,tttt Broad Fornn Vendors Med. Expense (any one person) 5,0010 00 Premises Operations Underground Explosion & Collapse Products Connpleted Operations Contractual Independent Contractor's Fire Legrrl Uabiit,y __..__....__.._..-W_____.._____________________�.__.____.___.______,-______ ___W.____ ._.___ ,....-,µ.,�_�._.-... e___.. Protessionai l._iadilat Aggregate m "l,thgg,ggd�.g _Autormobile L.aatnality ornbirned S angle Lknrt__._.______�.__.. $"1,g 0,00 0 ,00 00 Any Auto Ali Owned Autos Hired Autos Nolen -Owned Autos Excess Liability Each Occurrence to be deterrnined Umbrella Forma Aggregate to the deterrnnined ._ _______ Worker's l onnpensati--StatutoryI- Limits, ._---_,.__.-_..--____..-�.____-_-_________-,,--__._.�___ �,.. Employer's Uatniilty Each Accident '1„000,000,00 Ltusease Policy Limit 1,0001,000,00I Disease Each Employee 1„000,000.R„tg Property Florneowavners Revocable Permit Builder's Risk Inslallabon Floater Other _ As IF isk ldentifled to be determined UNSllRANCE ADVISORY Revised 041202 `y 300,000,00 Urmats based on Project Cost Limits (based on Project Cost t�' EXHIBIT "A" Community Rating System (CRS) and Climate Resilience Planning Professional Support Services — Grant Funded Negotiated Rates No. Classification Hourly Employees Rates Identified 1 Project Manager $200 Lori Lehr 2 CRS Lead $200 Lori Lehr 3 GIS Specialist $100 Jake Gianelle 4 GIS Analyst $125 Aaron Clark 5 Construction Certificate Review $250 Del Schwalls Specialist 6 Program for Public Information $185 French Wetmore Coordinator 7 Graphic Designer $75 Ashley McDonald 8 Data Modeler $150 Alex Zelenski 9 Senior Principal Engineer $250 Elizabeth Perez Emily McBryan (Licensed) Stephanie Dunham 10 Principal Engineer (Licensed) $220 Joel Jordan Maria Loinaz 11 Senior Professional Engineer $195 Anna Leitschuh Desiree Heinl 12 Professional Engineer $165 Hannah Guyer 13 Engineer Intern $110 Sierra Bos 14 Staff Scientist $125 Khurshid Jahan Page 11 297 Continued.... Community Rating System (CRS) and Climate Resilience Planning Professional Support Services — Grant Funded Negotiated Rates Page 12 298 Classification Hourly Rates Employees Identified 15 Scientist $100 Larry Gerry 16 Data Architect $140 Eric Kennedy 17 Legal/Planner $250 Erin Deady, PA 18 Grants Writer Flat Rate dependent on scope of grant Erin Deady, PA 19 Urban Planner $200 Erin Deady, PA 20 Resilience Planner $200 Erin Deady, PA 21 Coastal Engineer $143 Francisco Martinez 22 Biologist $126 Payton Matherne 23 Planner $143 Carlie Klapper 24 Coastal Project Management $198 Dave Frodsham 25 Resilience Outreach Director $165 Alec Bogdanoff 26 Resilience Outreach Coordinator $125 Erica Echeverri 27 Resilience Outreach Associate $70 Jonathan Casaverde 28 Resilience Outreach Senior Associate $95 Erin Craddock Page 12 298 Continued.... Community Rating System (CRS) and Climate Resilience Planning Professional Support Services — Grant Funded Negotiated Rates Sub -Consultant Mark-up Fee: Reimbursable Expenses: Direct Costs such as postage, prints, delivery services will be billed at cost. Page 13 299 Classification Hourly Employees Rates Identified 29 Principal Economist $220 Valerie Seidel 30 Resource Economist $120 Cortney Cortez 31 Economic Project Manager $190 Dan Dourte Laila Racevkis 32 Economic Analyst $90 Grant Miller Sub -Consultant Mark-up Fee: Reimbursable Expenses: Direct Costs such as postage, prints, delivery services will be billed at cost. Page 13 299 Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 06/20/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/20/2023 Proposed Ordinance No. 23-011- Second Reading- Amendments to the Land Development Regulations for car washes and indoor training facilities. Requested Action by Commission: Approval to amend the Land Development Regulations, Chapter 1, Article 11. Definitions; Chapter 3, Article IV, Section 3. Use Regulations; and Chapter 4, Article V. Minimum Off -Street Parking Requirements, to modify definitions, use regulations, and parking requirements for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC zoning district (CDRV 23-004). Explanation of Request: The proposed amendments adjust the definition, use regulations, and parking requirements for car wash uses, including waxing, polishing, detailing and self - serve bay. The proposed amendments also establish indoor athletic instruction/training uses as an accessory use within the REC zoning district. Lastly, the proposed amendments clarify language referencing use footnotes. These modifications are in response to changes in the industry and seeks to clarify otherwise ambiguous language. The proposed amendments have been modified based upon direction from the City Commission given at the June 6, 2023 City Commission meeting to require all other business activities, including detailing and vacuuming, to be under a "permanent, impermeable roof' instead of an "insulated roof'. How will this affect city programs or services? N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ordinance approving LDR Amendment (Ch 1, Ch 3 and Ch 4) (Indoor Training facility and Carwashes)(2nd read) Staff Report Amendments Staff Presentation 300 I 2 ORDINANCE NO. 23- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING 6 THE LAND DEVELOPMENT REGULATIONS CHAPTER 1, ARTICLE II. 7 DEFINITIONS; CHAPTER 3, ARTICLE IV, SECTION 3. USE REGULATIONS; AND 8 CHAPTER 4, ARTICLE V, MINIMUM OFF-STREET PARKING REQUIREMENTS; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the proposed amendments adjust the definition, use regulations, and parking 14 requirements for car wash uses, including waxing, polishing, detailing and self -serve bays; and 15 WHEREAS, the proposed amendments also establish indoor athletic instruction/training 16 uses as an accessory use within the REC zoning district; and 17 WHEREAS, the proposed amendments clarify language referencing use footnotes; and 18 WHEREAS, these modifications are in response to changes in the industry and to seek to 19 clarify otherwise ambiguous language; and 20 WHEREAS, the City Commission of the City of Boynton Beach has considered the 21 recommendations and has determined that it is in the best interest of the citizens and residents of 22 the City of Boynton Beach, Florida to approve the amendments to the Land Development 23 Regulations as contained herein. 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 27 confirmed by the City Commission. 28 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1. General 29 Administration, Article II. Definitions are hereby amended as follows: 30 CHAPTER 1. GENERAL ADMINISTRATION 31 32 ARTICLE II. DEFINITIONS S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Indoor Training Facility And Carwashes)(2nd Read) - Ordinance.Docx 301 33 ... 34 AUTO/CAR WASH (POLISHING, WAXING, DETAILING) - Establishments providing for 35 the eleaniF@- of private automobiles, recreational 36 vehicles (personal watercraft), or other light duty equipment through manual detailing and/or 37 mechanical resources. These establishments may utilize conveyor belt equipment or similar 38 to transport vehicles through wash tunnels. 39 Business aGtivity is to be GendUGted indaeFs, but the establishment Fnay have an E)utdE)E)F 40 GE)Fnpenent f appFeved through the site plan E)F site plan FnedifiGation PFE)Gess. 41 AUTO/CAR WASH (SELF -SERVE BAY) - An establishment where customers wash, dry, 42 polish, or vacuum their own vehicles or marine vessels using on-site equipment and 43 supplies.washoRg, dFYiRg, P0106hiRg, OF vaGuUMORg of a passeRgeF autemobile er Fmarine 44 vessel is performed by the driver er the eeGupaRt. This use is not intended to serve a 45 commercial or industrial fleet. 46 ... 47 48 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3. Zoning, 49 Article IV. Use Regulations is hereby amended as follows 50 CHAPTER 3. ZONING 51 52 ARTICLE IV. USE REGULATIONS 53 54 Sec. 3. Use Regulations. 55 ... 56 C. Use Matrix Legend. Uses regulated herein are classified in one (1) or more of the 57 following categories: 58 1. "P" - Permitted Uses. A permitted use is allowed by right within a zoning district 59 provided that all development regulations are met. A permitted use must be conducted on a 60 site in order to have accessory or ancillary uses on that site. Uses identified with a "P" on 61 the use matrix are permitted by right in the district, subject to compliance with 1) the 62 the "INJA-te" r--.A-IUFRR accompanying.•use footnote(s) 63 number(s), which directly corresponds with Section 3.E. below; and 2) any other applicable 64 requirements prescribed by these Land Development Regulations. 65 2. "C" - Conditional Uses. A use that because of special requirements or 66 characteristics may be allowed in a particular zoning district but only with conditions as 67 necessary to make the use compatible with other uses permitted in the same zone or 68 vicinity. Uses identified with a "C" on the use matrix are allowed in the zoning district, 69 subject to compliance with the following: 1) additiORal standards indmeated in the "Nete" 70 Ge'UFARaccompanying use footnote(s) number(s), which directly corresponds with Section 71 3.E. below; 2) standards for evaluating conditional uses in accordance with Section 4 below; 72 and 3) any other applicable requirements prescribed by these Land Development 73 Regulations. 74 3. "A" - Accessory Uses. A use that is customarily incidental to the principal 75 use. Uses identified with an "A" on the use matrix are permitted as an accessory use to a 76 permitted principal use in the district, subject to compliance with the following: 1) 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Indoor Training Facility And Carwashes)(2nd Read) - Ordinance.Docx 302 77 accompanying use footnote(s) number(s addifilanal standards indiGated in the "NOte" 78 E)elumn, which directly corresponds with Section 3.E. below; and 2) any other applicable 79 requirements prescribed by these Land Development Regulations. The nature of the 80 principal use will determine the use review authority required to review and approve the 81 accessory use. Accessory uses, unless otherwise provided, shall be located on the same 82 premises as the principal 83 4. Vacant Box. A vacant box that contains no symbol signifies that the use category is 84 not allowed within the corresponding zoning district. 85 86 87 88 89 90 91 t • i See Exhibit "A" attached hereto and incorporated herein by reference. E. Use Footnotes. 92 60. Auto/Car Washes (PelishiRge WaxiRge DetailiRg) 93 a. Auto/Car Wash (Polishing, Waxing, Detailing). 94 (1) Full -Service. Establishments where the act of washing, drying, polishing, or 95 vacuuming are conducted by the establishment either through mechanical means or through 96 on-site employees, and may also include a component which allows for customers to 97 vacuum or polish the vehicle themselves using on-site equipment and supplies. 98 (i) All washing activities must occur within a fully- or semi -enclosed building. 99 00 All other business activities, including areas for the detailing or vacuuming of 100 vehicles, must occur within a fully- or semi -enclosed building or underneath a 101 permanent, impermeable roof that provides shade and protection from the 102 elements and is compatible with the principal structure. 103 NO C-2 District. This subtype is not permitted within the C-2 zoning district. 104 (iv) PID District. Only allowed as an accessory use to an auto dealer, new or 105 used. 106 (2) Fully -Automated. Establishments where the act of washing, drying, polishing, or 107 vacuuming are fully automated with no on-site employee involvement. 108 (i) All washing activities must occur within a fully- or semi -enclosed building. 109 (Q__--a-.--C-2 District, C-3 District, C-4 District, and PCD District. This subtype 110 must be accessory to a gasoline station and must obtain conditional use approval prior to 111 establishment. 112 QRly a fully automated -style auto/GaF wash faeolity is allewed as aR aGGesseFy u1se 113 , 114 establiohmeP 115 District. Only allowed as an accessory use to an auto dealer, new or 116 used. 117 b. Auto/Car Wash (Self -Serve Bay). 118 (1) General. All business activities must occur within a fullv- or semi -enclosed 119 building. 120 ... 121 122 Section 4. City of Boynton Beach Land Development Regulations, Chapter 4, Site S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Indoor Training Facility And Carwashes)(2nd Read) - Ordinance.Docx 303 123 development Standards, Article V, Minimum Off -Street Parking Requirements is hereby amended 124 as follows: 125 CHAPTER 4. SITE DEVELOPMENT STANDARDS 143 Section S. Each and every other provision of the Land Development Regulations not 144 herein specifically amended, shall remain in full force and effect as originally adopted. 145 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict 146 with any provisions of this ordinance are hereby repealed. 147 Section 7. Should any section or provision of this Ordinance or any portion thereof be 148 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 149 remainder of this Ordinance. 4 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Indoor Training Facility And Carwashes)(2nd Read) - Ordinance.Docx 304 150 Section 8. Authority is hereby given to codify this Ordinance. 151 Section 9. This Ordinance shall become effective immediately. 152 FIRST READING this 6th day of June, 2023. 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 SECOND, FINAL READING AND PASSAGE this 20th day of June, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner—Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 5 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1, Ch 3 And Ch 4) (Indoor Training Facility And Carwashes)(2nd Read) - Ordinance.Docx 305 0 0 0 M ............... U ................ ............... .. ....................... D�Q1 ................... ............................. NI ................... ........ a ........ ............................. ................... 0 _ a....... o Q...�................ ........... ........ ... ........ ............................. .................. U ........ ... ........ ........... .................. .........�...... 17 D .......2 .... .............. .............. ......... ....... M D 2a-- ................... .............. .............. ................... N D r D 0 m v........ ............................. .......�...... ....... ...v..... <-?2....... M .......0 .... ...U...(.. I U...1, ............ CV U Q� U........ ............................ ................... a x 0 a.... ............................ ................... v a M �00m CV J � ................... ............................ Z O ................... Q Qr ' ................... .............. .............. W ................... ci ' 4 W Q ' m I- W.... ................... ........... ... .......... ................... Z M U)U d O O >>M >>(U W L y r V W U) L ZT M L >, M m Z W O Q, acomia U °5 .0 U�=Uo o— M o oL 11 11 ®� d Q �a � : ao a 0 0 M REQUEST: Approve modifications to existing uses (CDRV 23-004) amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 3.D. Use Matrix and Notes, and Chapter 4, Article V. Minimum Off -Street Parking Requirements, to modify definitions, use regulations, and parking for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. OVERVIEW The proposed amendments adjust the definition, use regulations, and parking requirements for car wash uses, including "Waxing, Polishing, Detailing" and "Self -Serve Bay" uses. The proposed amendments also establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. Finally, the proposed amendments also clarify language referencing use footnotes. These modifications are in response to changes in the industry and seek to clarify otherwise ambiguous language. The proposed amendments have been modified based upon direction from the City Commission given at the June 6, 2023 City Commission meeting. EXPLANATION & PROPOSED AMENDMENTS Auto/Car Wash: The Use Matrix within the Land Development Regulations lists two types of car wash uses, "Auto/Car Wash (Waxing, Polishing, Detailing)", and "Auto/Car Wash (Self -Serve Bay)". An additional type of car wash has emerged in the market, where an employee -manned car wash tunnel is used to wash vehicles and then vacuum stations are provided before or after which allow the customer to vacuum their vehicle. The current definitions of car wash uses do not clearly accommodate this type of hybrid car wash and contain regulations which should be defined within the use standards under the footnote subsection of the Use Matrix. Furthermore, the current parking standard for car wash detailing areas requires inordinately more parking spaces than needed. As such, the proposed amendments accomplish the following: 307 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-017 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan, AICP, LEED AP Planning and Zoning Director FROM: Andrew Meyer, Senior Planner Craig Pinder, Planner II DATE: June 8, 2023 REQUEST: Approve modifications to existing uses (CDRV 23-004) amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 3.D. Use Matrix and Notes, and Chapter 4, Article V. Minimum Off -Street Parking Requirements, to modify definitions, use regulations, and parking for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. OVERVIEW The proposed amendments adjust the definition, use regulations, and parking requirements for car wash uses, including "Waxing, Polishing, Detailing" and "Self -Serve Bay" uses. The proposed amendments also establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. Finally, the proposed amendments also clarify language referencing use footnotes. These modifications are in response to changes in the industry and seek to clarify otherwise ambiguous language. The proposed amendments have been modified based upon direction from the City Commission given at the June 6, 2023 City Commission meeting. EXPLANATION & PROPOSED AMENDMENTS Auto/Car Wash: The Use Matrix within the Land Development Regulations lists two types of car wash uses, "Auto/Car Wash (Waxing, Polishing, Detailing)", and "Auto/Car Wash (Self -Serve Bay)". An additional type of car wash has emerged in the market, where an employee -manned car wash tunnel is used to wash vehicles and then vacuum stations are provided before or after which allow the customer to vacuum their vehicle. The current definitions of car wash uses do not clearly accommodate this type of hybrid car wash and contain regulations which should be defined within the use standards under the footnote subsection of the Use Matrix. Furthermore, the current parking standard for car wash detailing areas requires inordinately more parking spaces than needed. As such, the proposed amendments accomplish the following: 307 Page 2 Car Wash and Indoor Athletic Instruction/Training Uses CDRV 23-004 • Clarifying the definitions of "Auto/Car Wash (Polishing, Waxing, Detailing)" and "Auto/Car Wash (Self -Serve Bay)" uses; • Requiring all business activities to occur under a fully- or semi- enclosed building or underneath an insulated roof structure, including areas for the detailing and washing of ca rs. • Clarifying the existing use standards for car washes so that they are clearer; • Reducing the number of required parking spaces for detailing, washing, and waxing areas from 1 space per 75 square feet to 1 space per 200 square feet. The proposed amendments do not expand any car wash uses into any new zoning districts, nor do they further restrict car wash uses from any zoning districts where they are currently allowed. All car wash uses remain as conditional uses and will continue to be subject to the Conditional Use approval process. Indoor Athletic Instruction/Training Facilities: The City and Primetime Sports Group, LLC have entered into a land lease agreement to develop an indoor training facility on a portion of Little League Park, which is zoned REC (Recreation). The Use Matrix of the Land Development Regulations does not allow indoor athletic instruction/training uses within the REC (Recreation) zoning district. The proposed amendment permits the "Indoor Athletic Instruction/Training facility" use within the REC (Recreation) zoning district as an Accessory use, subject to footnote 21, which states that this use is allowed as an accessory use to any city -owned and operated park facility. The proposed amendment is necessary to allow "Indoor Athletic Instruction/Training facility" uses as an accessory use to any city -owned and operated park facility within the REC (Recreation) zoning district. Restricting the use to an accessory use ensures that outdoor park facilities such as baseball fields, basketball courts, etc. remain the principal use. Additionally, the proposed amendment restricts the use to city -owned or operated park facilities, thereby, further restricting where an indoor athletic instruction/training facility can be allowed within the REC (Recreation) zoning district. Clarification of Use Matrix Footnotes: Language regarding the location of use footnotes in relation to uses within the use matrix contained outdated references. The language has been updated to reflect the currently adopted structure of the use matrix. No material changes to uses, standards, or regulations are being proposed outside of the aforementioned amendments above. CONCLUSION/RECOMMENDATION Staff recommends approval of the subject amendments to the Land Development Regulations to support the modification of the definitions, use regulations, and parking for car wash uses and to establish indoor athletic instruction/training uses as an accessory use within the REC (Recreation) zoning district. Attachments 2 308 0 0 r M ............... U ................ ............... .. ....................... W � ................... ........... .................. ti w...uq V ................. D ..... ........ ............................. ................... 0 _ a....... o Q...�................ ........... ........ ... ........ ............................. IL .................. U ........ ........... ........... .................. ...�....�...... 17 D .......2 .... .............. .............. ......... ....... M D 2I� ................... .............. .............. ................... N D r ................... ........... .................. E ................... .......... . 0 m ........... ............................. ........... .......0 .... ...U,. � U CV UQC) ................... ............................ ................... IL x 0 ul .......... ............................ ................... v IL ........ ............................ ................... w M ................... ........... .................. OD 0') ................. CV J ................... .............. .............. Z ® ................... Q Qr ' .........�........ .............. .............. W ................... ci ' 4 W Q ................... .............. .............. 06 ................... W ................... ........... ... .............. ................... C N U) Z Q CV O O >>� >>M W y C V W L ZT C6 cm L N m .0 C -m = o oo.L 9 �doa4 La h : :UCL)< a 0 r M , I ��ootnotes 21. General Note. This use is allowed as an accessory use to any city -owned and operated park facility. 60. Auto/Car Washes 4lDolish.ing, 1� A .1a)(ing, Detai 1 a Aut�2/(,ar a Ws[Ii 3 NNg�in(,,j, 'I I I 2ii , Yg �;g 0] g a re 'i) EILSeinjce w�h1i:.1irliz, Ill iii qi,�t was�� jing, d��" 11, g� 22[s� Yl I coinducte(i Dy the 6jneir thiiougIII,ii urunecimaunucznlll uunauns 011"thirill QKm �iiIte enipjgyg!2��, g!IQ 0, gy dlso Virww lu.u:I: a compg92!it w[fli�.Jh dl',DWS ::011� CUSt01'IIIE!rs to vaci,liiixg,i 11�)11` thiliz! v6�ijde theniis6[iiies ii.mnf�: oin §te eggIpg]g!It s�.ipIglll�Ies 0) a! wtg� tfling gw !JV�I:Jes III 0(,X,tfl'WtJNlin a Il:J::.idly awn seirinii eirdiosedDuulllding:: (Jlu) 8H 2l1[iei,' DU§ir�ess adjvfiles:, 1111(:Iii,uding gu eas foii,' the detAlll'Iiing g[ va(uiuinflng gfygtjucjes, u i,ius� occiur wiflNin a Il.iwIIIIII g!, sell eiry�josii,::!d Il il'jillldl'lg g[' Underneath a pgi[Rlgggllt, �o)fthat 2[gydes s1hade and 5,,oi,iiii flie derneints aind is oiri III wilu'l clue 2ijindpglll �I[UgWE,e (JlI) Q-2 II )IIISti'llct 111's subtypg is unot pg[Oilltted WuIlJin the gR: ling dlstij�A= (J'll?) II III IIP IlPiistilil Ct() In 11y wi::d as a in accesso ill � 1 ? a ii, I Z:l U to d EN: lll le! ir, ....in ,www q:E used ted w[iere the act of wasllh: ii g, du, ino :, pgl�sh Y DI 011"VaCUU11,11111ing 2i[�:t aiulol,111al�d w�lthi no oll Is in'll/dyerneint 60 g�bing gw.JVJ11:::!S '11IUS1 OCCLI111- W'i'ilthlill'l a IfLflly o r s e ii, ii, iii ii ii:::� ii, I ii� S ij Il waulllwluu�.lt iiiii- District, C-3 District, C-4 District, and PCD District. I N 3 si,btyw 0111,wSt IIaj:n aiiliil,ess)ia tg g gga�,)Elne statioirn wiind rri�.zt dbt�:ijini cq)nidlfiorii:�lll i:jse aRp�,'g\4l p[�ior to uliej - 4- n-ly station. However, GondF.F.F.._...p,,1_V_-1 IS 101 �GGFFFpOR�l R 01 L. 1_ __Ea4A_i11W 0!I.!I.) --b—.PID District. Only allowed as an accessory use to an auto dealer, new or used. II 3 Auto.d(::;air Wa§h (5df��52`Yg agy):: z111" S1!::flM1I e �::iiri�ara�� Afl� gtr§iness alofli'lliJities inus� occur w�flh�in a ndoseii:i bu��dlli = !! I Y: � X I'll 0: Chapter 4. Site Development Standarz Article V. Minimum Off -Street Parking Requirements �•-f •. r4 s - C. Table 4-18. Commercial and Office & Health Care Uses. Where a use is located in a shopping center, office building, or office -retail complex, the parking space requirement for the shopping center, office building, or office -retail complex in which it is located shall apply; except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or aross floor area of the theater (see "theater" in Section 3-D. below). Commercial and Office & Health Care Uses .................................................................................... Buildina area is based upon aross floor area (in car wash (polishing, waxing, detaili Automated (no employees): Full-service: ................................................ ito car wash, self-service b� 4 Plus one (1) space per twohil uindred (7152uQ) square feet offi fllkseiiVce detaili=ng, washing, and waxing areas. 311 ^ / /iii / / i Cl) T - Cl) a) �� •X co a) 4-j 0 a) co 4a) 0) a) (n 70 M 3 Q a) O •� un a)LO O CO i L -C(6 U I` N _ E C O L (� Q a) (n Q U)� � U N 0 (� U)� N Q � 0 i--' � -1-1 O1 4-0 C 0 (n L � 7 a) E :3_ C Q L O _ > — c M > C L a) O> L M +- m U a) (a a) o O a O'_ (n D co a) L a' L a) c� :3X O (n 4-0 cn -0 C • X cn CD -0-0_ O to •O ca C �O •� V! � m -0L � L -1--+ cu a) �, E 07 a� _ Q i y 07 V O L a) -0( Q co _� UD Via) _O U� �� LO M U C .� 4-0 O O N = .� 0) C: _0 N j C Co X to C: >1 C/) O C: m L Q C6 O 4-0 O O 4— U) U) : O O � V O � � U H N � U N co Q c/i N 4 U O L (u ++ O Z O 0 Z — 4O U . 9- N E CD .cr CD L L Q U 0 C4 0 CL 0 L CL to0 c� E E co L ^L^'' 0) W m L L (n Q L O Co Q (1)O U) N coQ co Q O P'-- 4-1 �LO Q L ^L^'' 0) W m L (n L O Co Cr U) N co m O a— P'-- 4-1 �LO Q N O � L ^L^'' 0) W m L (n O Cr U) N LO P'-- 4-1 O C Q � � L � M Z) Q N M CL 0 0- U) fA C'7 (n Cr C6 +-+ N 0 LL Co �' a 0 'E N .� .cu O U N O O i 70 N U W U O ry �--+ N O N 04 L O Co O N O cn O � 4-0 N ao Z3 o 0L U +� +Iz-+ i in a) �--+ N 0)U O V U �Q (n O to � co -0 M � Q co ' a --i U .L U) r) N ' 06 O N o U cD w cm U) ry -to Q U cn U 06 Z) O N O O C: _ > D _0 D _0 C: O +� O U) U }' V1 U}' >, C U E ry N U m 4-0o 0 c}a a (D `1111Iw_1 New Business 06/20/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/20/2023 Future cemetery plots in Boynton Beach. Requested Action by Commission: Discussion regarding future cemetery plots in Boynton Beach requested by Commissioner Hay. Explanation of Request: In October 2020 the City of Boynton Beach sold its last full casket plot at Boynton Beach Memorial Park and Mausoleum. Additionally, the following plots/crypts remain in the City's inventory for sale: 24 Cremains Plots 9 1 nfant Plots 1 Crypt in the Mausoleum In October 2022 the City of Boynton Beach sold its last full casket plot at Sara Sims Memorial Gardens. In anticipation of the need to provide additional burial plots for City residents, staff developed two (2) conceptual plans in August 2022 for the expansion of the Sara Sims Memorial Gardens. See attached conceptual plans, option 1 and option 2. Note the plans are conceptual in nature and in order to move forward with the expansion effort it will be necessary to acquire surrounding property adjacent to Sara Sims Memorial Gardens. 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'�' ✓, � .nni I , alp &�`i� th�M4l9J viaGc�li%k„ ,,, i SARA SIMMS MEMORIAL RDS IS 11,04*11"M Al KA,'V'fQ* . .. .. . . . . . . . . ... . . . ... . . 324 ............ oil Y", 324 oil Y", ,,,w4 j, Ai )T" w6 r~N 1Z, IV I ... . . . ==jg %9 b+ w0 0 01-0 "0" Jx 'Alf, ILA, . ...............................................p . . . . ........................ .... ......................................... - l, uw NOW11,01, YNWliROLVIIAMIA §191f <01M WWI 324 i smV New Business 06/20/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 06/20/2023 Senate Bill 102 "Live Local Act" Overview & Impact Analysis Presentation Requested Action by Commission: Staff will be presenting an overview on the Live Local Act (Senate Bill 102) and it's potential impact on the City of Boynton Beach. Explanation of Request: SB102 goes into effect on July 1 st, 2023. The presentation will cover the following topics: 1. Funding and tax credits. Record amount of funding for affordable housing programs. 2. Tax incentives. Three new property tax incentives and sales tax exemption for specified affordable housing developments. 3. Land use tools & role of local government. Facilitating affordable housing in commercial, industrial, and mixed use areas & more. 4. Publicly owned land. Encouraging local governments to adopt best practices. 5. State housing strategy. State guidance on affordable housing policy. 6. Technical assistance. Attachments: Live Local Memorandum Florida Housing Coalition Summary of Senate Bill 102 SB102.pdf 325 INTER -OFFICE CORRESPONDENCE MEMORANDUM To: Mayor Ty Penserga Members of the City Commission From: Michael D. Cirullo Jr., City Attorney Paul B. Hernandez, Assistant City Attorney Date: June 20, 2023 Re: Florida Live Local Act Senate Bill 102, more commonly known as the "Live Local Act" (the "Act"), is a law approved by the Florida Legislature during its 2023 Legislative Session that implements a multi- faceted approach to addressing the state-wide demand for affordable housing development in Florida. The purpose of this memorandum is to provide you with a summary of the provisions within the Act that impact local government. As it pertains to local government, the Act primarily aims to address affordable housing development demand in Florida by: 1. Enacting certain preemptions and requirements on local government pertaining to the approval processes and zoning considerations for affordable housing development; 2. Requiring local government to compile and publish a list of all government-owned properties within the municipality that may be suitable for affordable housing; 3. Providing new property tax exemptions to incentivize Property Owners to explore affordable housing options; and 4. Appropriating $711,000,000.00 in State funding to the Florida Housing Finance Corporation. The Act was approved by the Governor and filed in the office of the Secretary of State on March 29, 2023. The Act has been codified as Chapter 2023-17 of the Laws of Florida. Unless otherwise stated below, the Act becomes effective July 1, 2023 (00568315.1306-90018211 Page 1 of 7 4889-0363-6321, v. 2 326 1. Affordable Housing Development Review, Approval Requirements, and Preemptions The Act restricts a municipal government's traditional authority to determine its own planning and zoning regulations and approval processes for eligible affordable housing projects. This section shall provide a summary of conditions where the Act allows municipal government to approve proposed affordable housing developments and conditions where the Act requires municipal government action subject to specific conditions outlined below. 1.1 Discretionary Authority to Approve Developments Sec. 166.04151(6) of the Act grants the governing body of a municipality the discretion to approve an affordable housing development including but not limited to a mixed-use residential affordable housing development, "on any parcel with a commercial or industrial use." To be eligible, a proposed development must dedicate at least 10 percent (10%) of the units included in the proposed development as affordable housing as defined by State Statute.' Sec. 166.04151(6) further provides that the governing body of a municipality is not required to amend its Code prior to granting an approval of eligible affordable housing developments pursuant to the terms of the section because the provisions of the statute are self-executing. 1.2 Required Authorization of Allowable Uses Perhaps the most notable preemptions on a municipal government's ability to regulate proposed affordable housing development projects within the Act are found in Sec. 166.04151. The following sections require a municipality to authorize residential uses or development within areas with an underlying zoning designation of industrial or commercial: Fla. Stat. § 166.04151(7)(a) requires a municipality to authorize multifamily and mixed-use residential as allowable uses for any parcel with an underlying zoning designation of commercial, industrial, or mixed-use if at least forty percent (40%) of the units for a proposed development are dedicated as affordable housing units, as a defined by State Statute, for a minimum of thirty (30) years. Fla. Stat.§ 166.04151(7)(1) requires a municipality that designates less than twenty percent (20%) of its land as commercial or industrial uses to authorize proposed mixed-use multifamily development projects in areas with an underlying zoning designation of commercial or industrial. The Act specifies that qualifying mixed-use residential projects are required to dedicate at least sixty-five percent (65%) of the total square footage of each property for residential purposes. The Act provides that multifamily residential zoning regulations a municipality should apply for proposed developments on properties with an underlying commercial or industrial zoning 1 F. S. Sec. 420.0004(3) defines "affordable" as monthly rents or mortgage payments including taxes, insurance, and utilities not exceeding 30 percent (30%) of that amount which represents the percentage of median adjusted gross annual income for households earning from 30 percent (30%) to one hundred twenty percent (120%) of the State's median annual adjusted gross income. (00568315.1306-90018211 Page 2 of 7 4889-0363-6321. v. 2 327 designation but as explained further below, does not specify which multifamily regulations will apply in municipalities with multiple multifamily zoning districts. The Act is silent on which multi -family zoning district regulations should apply when a local government has multiple multi -family zoning districts with different regulations. Based on the intent of the Act to facilitate the development of affordable housing, and Act's preemption of a municipality's ability to restrict the density and height of certain proposed developments, it appears the City should apply the most liberal of multifamily zoning districts in a manner that conforms to the requirements of the Act. As this subject is open to interpretation, we shall continue to conduct further research on the Act's requirements and if necessary consider seeking further guidance from the State related to this matter. The Act further provides an additional preemption on a municipality's ability to require a proposed multifamily development to obtain a zoning or land use change, special exception, condition use approval, variance, or comprehensive plan amendment related to the proposed development's zoning, building height, and density. The prohibitions on density and building height requirements are as follows: 1. The Act provides that a municipality may not restrict the density of a proposed affordable housing development authorized pursuant to the Act below the highest -allowed density on any land within the municipality where residential development is allowed. 2. Further, municipalities may also not restrict the height of a proposed affordable housing development authorized by the Act to less than the higher of either a municipality's maximum allowable height for a commercial or residential development located in the municipality within a one (1) mile radius of the proposed development or three (3) stories. Sec. 166.04151(7)(d) requires administrative approval by the municipality for affordable housing development applications meeting the standards detailed above, including those developments located on properties with underlying zoning designations of industrial or commercial, so long as the development satisfies the municipality's land development regulations for areas zoned for multifamily uses and is otherwise consistent with the municipality's comprehensive plan excluding the municipality's present regulations on allowable building height, density, and zoning designations that conflict with the provisions of the Act. This means that such projects would not be subject to the public hearing process and as a practical matter the City will need to formally designate the official responsible for the administrative approval. The Act further requires municipalities to consider reducing parking requirements for a proposed affordable housing development authorized pursuant to the Act if the development is located within one-half mile of a major transit stop, as defined in the municipality's land development code, that is accessible from the development. Otherwise, the proposed development must meet the municipality's standards for setbacks, parking, and other land development regulations within for the proposed zoning district where the development will occur. An additional requirement of local government related to the development, approval, and funding of affordable housing development under the Act is the requirement that a local (00568315.1306-90018211 Page 3 of 7 4889-0363-6321. v. 2 328 government publicly display on its website the local government's procedures and expectations for the expedited processing of building permits and development orders. Further, the Act provides that State and local governments shall provide incentives such as density bonus incentives that encourage the private sector to be the "primary delivery vehicle" for affordable housing development. The provisions of this section do not apply to property defined as "Recreational and Commercial Waterfront" pursuant to s, 342.201(2)(b) F.S. located within an area zoned as Industrial .2 The above -referenced requirements of the Act and their accompanying sections shall sunset on October 1, 2033 unless extended by the Legislature. 2. Inventory of Publicly -Owned Vacant Lands Sec. 166.0451 of the Act requires each municipal government in Florida to prepare an inventory list by October 1, 2023 of all real property that is appropriate for use as affordable housing and is wholly-owned by the respective municipality or any dependent special district (such as community redevelopment agencies). The list shall be updated every three (3) years upon the municipality's governing body approval of a resolution listing the inventoried -properties. The inventory list shall be published on the municipality's website to encourage potential development and shall include the legal description of each property and a description specifying whether the property is improved or vacant land. The Act offers several options for the municipal government related to its disposition of the properties identified within the published inventory list. The municipality may enter into a long- term land lease for the properties requiring the development and maintenance of affordable housing. Alternatively, the municipality may sell the properties and use the proceeds to purchase land for the development of affordable housing or to increase the municipality's fund, if any, earmarked for affordable housing. Another option provided by the Act allows the municipality to sell the properties with a restriction that requires the development of the properties as permanent affordable housing. Lastly, the municipality may otherwise make the properties available for use for the development and preservation of permanent affordable housing. 3. Tax Exemptions The Act provides for three (3) new ad valorem tax exemptions for affordable housing -related developments. The extent to which the ad valorem tax exemptions listed below may impact a municipal government's annual budget is unknown, but it is important to note that with the exception of land owned by not-for-profit corporations, the new exemptions may only apply to '- "Recreational and Commercial Working Waterfront means a parcel or parcel of real property that provides access for water -dependent commercial activities or provides access for the public to the navigable waters of the State. Recreational and Commercial working waterfronts require direct access to or a location on, over, or adjacent to a navigable body of water. The term includes water -dependent facilities that are open to the public and offer public access by vessels to the waters of the State or that are support facilities for recreational, commercial, research, or government vessels. (00568315.1306-90018211 Page 4 of 7 4889-0363-6321. v. 2 329 certain portions of the affordable housing developments. The new tax exemptions created by the Act are as follows: 3.1 Land Owned by Not for Profit Corporation The Act exempts land that is owned entirely by a not for profit corporation qualified as charitable under Section 501(c)(3) of the Internal Revenue Code and is leased for a minimum of 99 years predominantly for the purpose of providing housing to persons or families meeting the extremely -low-income to moderate -income limits specified by Florida Statute. 3 This exemption shall become effective on January 1, 2024 and shall sunset on December 31, 2059. This exemption requires no action by the City. 3.2 Exemption for Portions of Properties Used for a Charitable Purpose The Act establishes a second tax exemption for newly constructed or substantially rehabilitated developments that provide at least 70 rent -restricted housing units for households earning 120 percent (120°/x) or less of the area median income. Each unit shall receive a tax exemption of 75 percent (75%) of its assessed value. The act provides a full exemption for those units rented to persons or families whose annual household income does not exceed 80 percent (80%) of the median annual adjusted gross income for the metropolitan statistical area where the person or family resides. This exemption shall become effective on January 1, 2024. This exemption requires no action by the City. 3.3 Optional County and Municipal Affordable Housing Exemption The Act allows municipalities to adopt an ordinance exempting those portions of multifamily rent -restricted development containing fifty (50) or more residential units, at least twenty percent (20%) of which are used to provide affordable housing that houses persons or families whose annual household income does not exceed sixty percent (60%) or less of the area median income. The eligible portions of the property must be rented for an amount no greater than the amount as specified by the most recent multifamily rental programs income and rent limit chart derived from the Multifamily Tax Subsidy Projects Income Limits published by the United States Department of Housing and Urban Development or ninety percent (90%) of the fair market value rent as determined by a rental market study, whichever is less. Qualifying portions of each property may not have been cited for code violations on three (3) or more occasions in the twenty-four (24) months before submission of a tax exemption application; may not have any cited code violations that have not been properly remedied prior to submission of a tax exemption application; and may not have any unpaid fines or charges related to the cited code violations. s To qualify for this exemption, land is "Predominantly" used for residential purposes when the square footage of the improvements on the land used to provide affordable housing is greater than 50 percent (50%) of the square footage of all improvements on the land. (00568315.1306-90018211 Page 5 of 7 4889-0363-6321. v. 2 330 This additional tax exemption is optional. Should a municipality wish to enact such an exemption, the Act requires a proposed municipal ordinance granting a tax exemption to be adopted under non -emergency procedures; include language that incorporates a local entity under the supervision of the municipality's governing body to develop, receive, and review applications for certification and develop notices of determination of eligibility; to require the property owner to apply for certification by the municipality in order to receive the exemption. Said ordinance must expire before the fourth (41) January 1 after its adoption at which time the municipality may choose to adopt a new ordinance to renew the exemption. A copy of the approved ordinance must be delivered to the Property Appraiser within ten (10) days from the ordinance's date of adoption. This exemption will first apply to the 2024 tax roll. Preemption on Rent Control Sec. 166.043(2) of the Act prohibits local governments from passing a new ordinance or rule pertaining to controlling the price of rents. The act further prohibits local governments from maintaining existing ordinances or rules that control the price of rents. Sec 166.043(2) reads as follows: "A municipality, county, or other entity of local government may not shall adopt or maintain in effect any law, ordinance, rule, or other measure that which would have the effect of imposing controls on rents" The Act is silent on a municipality's right to enact a "Tenant's Bill of Rights" or other forms of tenant protection, but such protection may not include a provision concerning rent control. Thus, the Act does not affect the Tenant's Bill of Rights requirements recently enacted by the City Commission. State Requirements The Act allows the Florida Housing Finance Corporation, through the entity providing statewide training and technical assistance related to the provisions of this Act, to provide technical assistance to local governments in establishing selection criteria and related regulations for competitive solicitations for the use or lease of government-owned real property for affordable housing purposes. 4. Appropriation The Act appropriates $711,000,000.00 (the "Appropriation") in State funding to the Florida Housing Finance Corporation (the "FHFC"). The FHFC is a public-private entity created by the Florida Legislature to provide affordable housing opportunities and administer the two largest statewide affordable housing programs: The State Apartment Incentive Loan program (SAIL) and the State Housing Initiatives Partnership program (SHIP); The Appropriation includes $252,000,000.00 in funding toward the SHIP program for local governments. The SHIP program was created by the legislature to provide funds to counties and certain municipalities complying with the requirements of Fla. Stat. §420.9072(2)(x) to provide (00568315.1306-90018211 Page 6 of 7 4889-0363-6321. v. 2 331 funding to counties and municipalities that promote and encourage further development of affordable housing and housing -related employment. Conclusion The Act fundamentally changes local regulation on eligible affordable housing development, even eliminating public hearing requirements for some developments. The Act also updates the law requiring municipalities to account for and publish their inventory of surplus land that may be suitable for affordable housing development. The Act also provides $252,000,000.00 in SHIP funding for the 2023-2054 fiscal year. We stand by to answer any questions you may have regarding the Act or its impact on your City. In the coming days, we will begin working with the City administration to address any changes to the City's charter that may be required pursuant to the terms of the Act. MDC:PBH (00568315.1306-90018211 Page 7 of 7 4889-0363-6321, v. 2 332 Senate Bill 102 (Calatayud) — Housing Summary of the Bill as of March 9, 2023 Contact: Kody Glazer, Legal & Policy Director, glazer@flhousing.org This document summarizes the policies in the Live Local Act as of March 9, 2023, organized by policy topic. This bill is the vehicle for a number of housing policies and is a main priority of Senate President Kathleen Passidomo. Policies included in the bill: I. Funding & Tax Credits......................................................................................................................................... 2 Additional funding for the State Housing Trust Fund................................................................................ 2 New Live Local Corporate Tax Donation Program.................................................................................... 2 Codifies Florida Hometown Hero Program............................................................................................... 2 Affordablehousing funding....................................................................................................................... 3 Community Contribution Tax Credit......................................................................................................... 3 Florida Job Growth Grant Fund................................................................................................................ 3 Il. Affordable housing tax exemptions................................................................................................................... 3 New affordable housing property tax exemption in s. 196.1978.................................................................. 3 New optional local property tax exemption (60% AMI and below)............................................................ 4 New sales tax refund for affordable housing construction.......................................................................... 4 II1. Zoning, land use, and role of local government.............................................................................................. 4 Preempting local governments on zoning for certain multi -family affordable housing developments in commercialareas........................................................................................................................................4 Land use tool to allow, affordable housing on parcels zoned residential, commercial, and industrial............ 5 Amendments to Florida's surplus land statute............................................................................................ 5 RentControl Prohibited............................................................................................................................. 6 Posting expedited permitting procedures online......................................................................................... 6 Using State -Owned lands for affordable housing........................................................................................ 6 DSO's Keys Workforce Housing Initiative................................................................................................ 6 IV. State Housing Strategy.......................................................................................................................................... 6 Substantial amendments to the State housing strategy in s. 420.0003.......................................................... 6 V. Florida Housing Finance Corporation............................................................................................................... 7 FHFCBoard Makeup................................................................................................................................. 7 1 333 Qualified Contracts ............................ FHFC Budget Requests ...................... VI. Technical Assistance ..................... Affordable Housing Catalyst Program I. Funding & Tax Credits Additional funding for the State Housing Trust Fund • Redirects up to $150 million annually of the General Revenue service charge on doc stamp revenues to the State Housing Trust Fund over 10 years (up to $1.5 billion new funding for SAIL over 10 years) • Additional funds must be used as follows: o At least 70% of additional funds must be used for competitive requests for projects that: ■ Both redevelop an existing affordable housing development and provide for the construction of new development within close proximity to the development to be rehabilitated ■ Address urban infill, including conversions of vacant, dilapidated, or functionally obsolete buildings ■ Provide for mixed-use housing ■ Provide housing near military installations o Remainder of funds can be used for projects that: ■ Propose using or leasing public lands ■ Address the needs of young adults who age out of foster care ■ Meet the needs of elderly persons ■ Provide housing to meet the needs in areas of rural opportunity New Live Local Corporate Tax Donation Program • Creates a new tax donation program to allow taxpayers to direct payments to FHFC for use as SAIL funds in exchange for tax credits against corporate or insurance premium tax liability. Cap of $100 million in each state fiscal year • Projects funded through this donation program must be used to fund: 0 100% through the SAIL program o Up to $25 million can be used to provide loans for the construction of large-scale projects of significant regional impact. Codifies Florida Hometown Hero Program • Codifies the Hometown Hero program in state statute • Provides a minimum of $10,000 and up to 5 percent of the first mortgage, not exceeding $35,000, in down payment assistance 2 334 o Assistance is a 0% interest loan due at sale, refinancing, rental of property o Can serve households up to 150% of state median income or local median income, whichever is greater o Must be first-time homebuyer and employed full-time (35 hours or more per week) by a Florida based employer ■ Note, an eligible homebuyer does not need to be in a specific industry Affordable housing funding • Provides $100 million from General Revenue for the Florida Hometown Hero Housing Program • Provides $252 million from LGHTF the SHIP program • Provides $259 million in total for the SAIL program - $150 million from GR service charge and $109 million from SHTF • Provides $100 million from GR for a competitive loan program for new construction projects in the development pipeline that have not commenced construction and are experiencing verifiable cost increases due to market inflation Community Contribution Tax Credit • Increases CCTC to $25 million from $14.4 million Florida Job Growth Grant Fund • Expands Job Growth Grant Fund for "state or local public infrastructure projects to facilitate the development of affordable housing." II. Affordable housing tax exemptions New affordable housing_property tax exemption in s. 196.1978. • Background: F.S. 196.1978 is the state's affordable housing property tax exemption statute. Under this statute, there arc two property tax exemptions available for affordable units: 1) the "Affordable Housing Property Exemption"; and 2) the "Multifamily Property Exemption." The "Affordable Housing Property Exemption" is for property owned by nonprofit organizations that serves households up to 120% AMI and the "Multifamily Property Exemption" is for properties of more than 70 units that have a Land Use Restriction Agreement with the Florida Housing Finance Corporation (FHFC) and serve households up to 80% AMI. • Bill actions: o Clarifies that land owned entirely by a nonprofit entity and is leased for a minimum of 99 years for the purpose of, and is predominately used for, providing affordable housing is exempt from property taxation o Adds a third affordable housing property tax exemption in s. 196.1978 for newly constructed multifamily projects of more than 70 units that serve up to 120% AMI 3 335 and do not have a Land Use Restriction Agreement with FHFC; exemption only applies to the affordable housing units ■ Different levels of tax exemptions: • Units that serve 80-120% AMI = 75% property tax exemption • Units that serve up to 80% AMI = 100% property tax exemption ■ Affordable units must be rented at an amount not to exceed the Multifamily Tax Subsidy Projects Income Limits published by HUD or or 90 percent of the fair market value rent as determined by a rental market study New optional local Property tax exemption (60% AMI and below) • Authorizes city and county commissions to adopt an ordinance to provide property tax exemptions to certain affordable housing units that serve households up to 60% AMI • Eligible developments must have at least 50 units and dedicate at least 20% of its units for affordable housing • Affordable units must be rented at an amount not to exceed the Multifamily Tax Subsidy Projects Income Limits published by HUD or 90 percent of the fair market value rent as determined by a rental market study • Different levels of tax exemption options: o Developments that are 100% affordable = Up to 100% property tax exemption o Developments that are less than 100% affordable= Up to 75% property tax exemption • Local government may provide this tax exemption only to units serving 60% AMI or below, 30% AMI or below, ELI, or both • Local government must post a list of certified properties on its website • An ordinance adopted under this section must expire before the fourth January 1 after adoption but may be renewed through a new ordinance New sales tax refund for affordable housing construction • Affordable housing developments subject to an agreement with FHFC serving up to low- income households are eligible for a sales tax refund on building materials for affordable units • Up to $5,000 or 97.5% of sales tax paid as a refund for each eligible residential unit III. Zoning, land use, and role of local government Preempting local governments on zoning for certain multi -family affordable housing developments in commercial areas. • Requires cities and counties to allow multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed-use if at least 40 percent of the units are affordable to income -eligible households for at least 30 years. A local government may not require a development under this section to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the L'! 336 height, zoning, and densities authorized by this section. For mixed-use residential projects, at least 65 percent of total square footage must be used for residential purposes. • Local government may not restrict the density of a development under this preemption below the highest allows density in the jurisdiction where residential development is allowed • Local government may not restrict the height of a development under this preemption below the highest currently allowed height for a commercial or residential development in the jurisdiction within I mile of the proposed development or 3 stories, whichever is higher • Application under this section must be administratively approved and does not require further action by the city or county commission if it satisfies the jurisdictions land development regulations for multifamily developments • Local government must consider reducing parking requirements to the greatest extent possible for developments approved under this section if development located within '/Z mile of a transit stop • Cities and certain counties with less than 20 percent of land zoned for commercial or industrial uses can only use the provision to authorize mixed-use developments • All other state and local laws still apply — this includes setbacks, parking, environmental, concurrency, and other state and local laws • Subsection does not apply to property defined as recreational and commercial working waterfront in s. 342.201(2) (b) • This preemption lasts for 10 years Land use tool to allow affordable housing on parcels zoned residential, commercial, and inrluctrial_ • Background: House Bill 1339 (2020), which was amended slightly by Senate Bill 962 (2022), gave local governments the flexibility to allow affordable housing developments on any parcel zoned residential, commercial, or industrial notwithstanding any other law to the contrary. In effect, the tool allows local government to override its own zoning code and comprehensive plan to approve an affordable housing development. • Bill actions: o Removes the use of the land use tool on parcels zoned for residential use o Removes the prohibition on using the tool for developments that apply for or receive SAIL funding Amendments to Florida's surl2lus land statute Background: Florida's "surplus land laws" at ss. 125.379 and 166.0451 for counties and cities respectively, require local governments every 3 years to create an inventory of all lands it owns that are "appropriate for use as affordable housing." Although parcels do not have to be placed on this inventory for a local government to use its land for affordable housing purposes, parcels placed on the inventory can be used for affordable housing according to guidance in the statute. • Bill actions: 337 o Requires every local government to prepare a new list by October 1, 2023 o Expands inventory requirement to independent special districts within local governments o Requires every local government to make the inventory list publicly available on its website to encourage potential development o Clarifies that land placed on the inventory can be used for affordable housing "through a long-term land lease" o Adds new subsection encouraging local governments to adopt best practices for surplus land programs Rent Control Prohibited Background: Under current law, local governments are allowed to enact temporary rent control measures upon a finding that such controls are "necessary, and proper to eliminate an existing housing emergency which is so grave as to constitute a serious menace to the public" and after a vote via public referendum. • Bill action: o Repeals the language at ss. 125.0103 and 166.043 allowing local governments to enact temporary rent control measures. • Effect: o Local governments would be preempted from be enacting rent control measures. Posting expedited permitting procedures online • Requires local governments to maintain on its website a policy containing procedures and expedited processing of building permits and development orders required by law to be expedited Using State -Owned lands for affordable housing • Requires each manager of conservation lands to include in its land management plan "whether nonconservation lands would be more appropriately transferred to the county or municipality in which the land is located for the purpose of providing affordable multifamily rental housing." DEO's Keys Workforce Housing Initiative • States that DEO's Keys Workforce Housing Initiative can continue in effect by considering affordable units built under the program an exception to evacuation time constraints in areas of critical state concern. IV. State Housing Strate= Substantial amendments to the State housing strategy in s. 420.0003 0 Substantially amends the state housing strategy at 420.0003 • Directs Shimberg Center for Housing Studies to "develop and maintain statewide data on housing needs and production, provide technical assistance relating to real estate 338 development and finance, operate an information clearinghouse on housing programs, and coordinate state housing initiatives with local government and federal programs" and to "perform functions related to the research and planning for affordable housing" Directs the Office of Program Policy Analysis and Government Accountability (OPPAGA) to evaluate affordable housing issues V. Florida Housing Finance Corporation FHFC Board Makeup Adds one member appointed by the President of the Senate and one member appointed by the Speaker of the House Qualified Contracts Changes timeframe for when FHFC shall deem a bona fide contract to be a qualified contract to at the time the "bona fide contract is present to the owner and the initial deposit is deposit in escrow" FHFC Budget Requests • Directs FHFC to include the amount of state funds necessary to use all federal housing funds anticipated to be received by, or allocated to, the state in order to maximize the produce of new, affordable multifamily housing units VI. Technical Assistance Affordable Housing Catalyst Program Allows FHFC to contract with the Catalyst Program provider to provide technical assistance to local governments to establish selection criteria and related provisions for RFPs or other competitive solicitations for use or lease of government-owned land for affordable housing 339 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er An act relating to housing; providing a short title; amending s. 125.0103, F.S.; deleting the authority of local governments to adopt or maintain laws, ordinances, rules, or other measures that would have the effect of imposing controls on rents; amending s. 125.01055, F.S.; revising applicability for areas of critical state concern; specifying requirements for, and restrictions on, counties in approving certain housing developments; providing for future expiration; amending s. 125.379, F.S.; revising the date by which counties must prepare inventory lists of real property; requiring counties to make the inventory lists publicly available on their websites; authorizing counties to use certain properties for affordable housing through a long-term land lease; revising requirements for counties relating to inventory lists of certain property for affordable housing; providing that counties are encouraged to adopt best practices for surplus land programs; amending s. 166.04151, F.S.; revising applicability for areas of critical state concern; specifying requirements for, and restrictions on, municipalities in approving applications for certain housing developments; providing for future expiration; amending s. 166.043, F.S.; deleting the authority of local governments to adopt or maintain laws, ordinances, rules, or other measures that would have the effect of imposing controls on rents; amending s. Page 1 of 95 CODING: Words men are deletions; words underlined are additions. 340 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 30 166.0451, F.S.; revising the date by which 31 municipalities must prepare inventory lists of real 32 property; requiring municipalities to make the 33 inventory lists publicly available on their websites; 34 authorizing municipalities to use certain properties 35 for affordable housing through a long-term land lease; 36 revising requirements for municipalities relating to 37 inventory lists of certain property for affordable 38 housing; providing that municipalities are encouraged 39 to adopt best practices for surplus land programs; 40 amending s. 196.1978, F.S.; providing an exemption 41 from ad valorem taxation for land that meets certain 42 criteria; providing applicability; providing for 43 future repeal; defining terms; providing an ad valorem 44 tax exemption for portions of property in a 45 multifamily project if certain conditions are met; 46 providing that vacant units may be eligible for the 47 exemption under certain circumstances; specifying 48 percentages of the exemption for qualified properties; 49 specifying requirements for applying for the exemption 50 with the property appraiser; specifying requirements 51 for requesting certification from the Florida Housing 52 Finance Corporation; specifying requirements for the 53 corporation in reviewing requests, certifying 54 property, and posting deadlines for applications; 55 specifying requirements for property appraisers in 56 reviewing and granting exemptions and for improperly 57 granted exemptions; providing a penalty; providing 58 limitations on eligibility; specifying requirements Page 2 of 95 CODING: Words men are deletions; words underlined are additions. 341 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 59 for a rental market study; authorizing the corporation 60 to adopt rules; providing applicability; providing for 61 future repeal; creating s. 196.1979, F.S.; authorizing 62 local governments to adopt ordinances to provide an ad 63 valorem tax exemption for portions of property used to 64 provide affordable housing meeting certain 65 requirements; specifying requirements and limitations 66 for the exemption; providing that vacant units may be 67 eligible for the exemption under certain 68 circumstances; specifying requirements for ordinances 69 granting an exemption; specifying requirements for a 70 rental market study; providing that ordinances must 71 expire within a certain timeframe; requiring the 72 property appraiser to take certain action in response 73 to an improperly granted exemption; providing a 74 penalty; providing applicability; amending s. 201.15, 75 F.S.; suspending, for a specified period, the General 76 Revenue Fund service charge on documentary stamp tax 77 collections; providing for specified amounts of such 78 collections to be credited to the State Housing Trust 79 Fund for certain purposes; providing for certain 80 amounts to be credited to the General Revenue Fund 81 under certain circumstances; prohibiting the transfer 82 of such funds to the General Revenue Fund in the 83 General Appropriations Act; providing for the future 84 expiration and reversion of specified statutory text; 85 amending s. 212.08, F.S.; revising the total amount of 86 community contribution tax credits which may be 87 granted for certain projects; defining terms; Page 3 of 95 CODING: Words men are deletions; words underlined are additions. 342 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 88 providing a sales tax exemption for building materials 89 used in the construction of affordable housing units; 90 defining terms; specifying eligibility requirements; 91 specifying requirements for applying for a sales tax 92 refund with the Department of Revenue; specifying 93 requirements for and limitations on refunds; providing 94 requirements for the department in issuing refunds; 95 authorizing the department to adopt rules; providing 96 applicability; amending s. 213.053, F.S.; authorizing 97 the department to make certain information available 98 to the corporation to administer the Live Local 99 Program; creating s. 215.212, F.S.; prohibiting the 100 deduction of the General Revenue Fund service charge 101 on documentary stamp tax proceeds; providing for 102 future repeal; amending s. 215.22, F.S.; conforming a 103 provision to changes made by the act; providing for 104 the future expiration and reversion of specified 105 statutory text; amending s. 220.02, F.S.; specifying 106 the order of application of Live Local Program tax 107 credits against the state corporate income tax; 108 amending s. 220.13, F.S.; specifying requirements for 109 the addition to adjusted federal income of amounts 110 taken as a credit under the Live Local Program; 111 amending s. 220.183, F.S.; conforming a provision to 112 changes made by the act; amending s. 220.186, F.S.; 113 providing applicability of Live Local Program tax 114 credits to the Florida alternative minimum tax credit; 115 creating s. 220.1878, F.S.; providing a credit against 116 the state corporate income tax under the Live Local Page 4 of 95 CODING: Words men are deletions; words underlined are additions. 343 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 117 Program; specifying requirements and procedures for 118 making eligible contributions and claiming the credit; 119 amending s. 220.222, F.S.; requiring returns filed in 120 connection with the Live Local Program tax credits to 121 include the amount of certain credits; amending s. 122 253.034, F.S.; modifying requirements for the analysis 123 included in land use plans; making technical changes; 124 amending s. 253.0341, F.S.; requiring that local 125 government requests for the state to surplus 126 conservation or nonconservation lands for any means of 127 transfer be expedited throughout the surplusing 128 process; amending s. 288.101, F.S.; authorizing the 129 Governor, under the Florida Job Growth Grant Fund, to 130 approve state or local public infrastructure projects 131 to facilitate the development or construction of 132 affordable housing; providing for future repeal; 133 amending s. 420.0003, F.S.; revising legislative 134 intent for, and policies of, the state housing 135 strategy; revising requirements for the implementation 136 of the strategy; revising duties of the Shimberg 137 Center for Housing Studies at the University of 138 Florida; requiring the Office of Program Policy 139 Analysis and Government Accountability to evaluate 140 specified strategies, policies, and programs at 141 specified intervals; specifying requirements for the 142 office's analyses; authorizing rule amendments; 143 amending s. 420.503, F.S.; revising the definition of 144 the term "qualified contract" for purposes of the 145 Florida Housing Finance Corporation Act; amending s. Page 5 of 95 CODING: Words men are deletions; words underlined are additions. 344 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 146 420.504, F.S.; revising the composition of the 147 corporation's board of directors; providing 148 specifications for filling vacancies on the board of 149 directors; amending s. 420.507, F.S.; specifying a 150 requirement for the corporation's annual budget 151 request to the Secretary of Economic Opportunity; 152 providing for the future expiration and reversion of 153 specified statutory text; amending s. 420.5087, F.S.; 154 revising prioritization of funds for the State 155 Apartment Incentive Loan Program; creating s. 156 420.50871, F.S.; specifying requirements for, and 157 authorized actions by, the corporation in allocating 158 certain increased revenues during specified fiscal 159 years to finance certain housing projects; providing 160 construction; providing for future repeal; providing a 161 directive to the Division of Law Revision; creating s. 162 420.50872, F.S.; defining terms; creating the Live 163 Local Program; specifying responsibilities of the 164 corporation; specifying the annual tax credit cap; 165 specifying requirements for applying for tax credits 166 with the department; providing requirements for the 167 carryforward of credits; specifying restrictions on, 168 and requirements for, the conveyance, transfer, or 169 assignment of credits; providing requirements and 170 procedures for the rescindment of credits; specifying 171 procedures for calculating underpayments and 172 penalties; providing construction; authorizing the 173 department and the corporation to develop a 174 cooperative agreement; authorizing the department to Page 6 of 95 CODING: Words men are deletions; words underlined are additions. 345 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 175 adopt rules; requiring the department to annually 176 notify certain taxpayers of certain information; 177 creating s. 420.5096, F.S.; providing legislative 178 findings; creating the Florida Hometown Hero Program 179 for a specified purpose; authorizing the corporation 180 to underwrite and make certain mortgage loans; 181 specifying terms for such loans and requirements for 182 borrowers; authorizing loans made under the program to 183 be used for the purchase of certain manufactured 184 homes; providing construction; amending s. 420.531, 185 F.S.; authorizing the Florida Housing Corporation to 186 contract with certain entities to provide technical 187 assistance to local governments in establishing 188 selection criteria for proposals to use certain 189 property for affordable housing purposes; amending s. 190 420.6075, F.S.; making technical changes; amending s. 191 553.792, F.S.; requiring local governments to maintain 192 on their websites a policy relating to the expedited 193 processing of certain building permits and development 194 orders; amending s. 624.509, F.S.; specifying the 195 order of application of Live Local Program tax credits 196 against the insurance premium tax; amending s. 197 624.5105, F.S.; conforming a provision to changes made 198 by the act; creating s. 624.51058, F.S.; providing a 199 credit against the insurance premium tax under the 200 Live Local Program; providing a requirement for making 201 eligible contributions; providing construction; 202 providing applicability; exempting a certain 203 initiative from certain evacuation time constraints; Page 7 of 95 CODING: Words men are deletions; words underlined are additions. 346 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 204 specifying that certain comprehensive plan amendments 205 are valid; authorizing certain local governments to 206 adopt local ordinances or regulations for certain 207 purposes; authorizing the department to adopt 208 emergency rules; providing for future expiration of 209 such rulemaking authority; providing appropriations; 210 providing a declaration of important state interest; 211 providing effective dates. 212 213 Be It Enacted by the Legislature of the State of Florida: 214 215 Section 1. This act may be cited as the "Live Local Act." 216 Section 2. Section 125.0103, Florida Statutes, is amended 217 to read: 218 125.0103 Ordinances and rules imposing price controls;— 219 find-„ gs r-eEtrr r -e ms. - 220 (1)(a) Except as hereinafter provided, a ire county, 221 municipality, or other entity of local government may not shall 222 adopt or maintain in effect an ordinance or a rule that 223 has the effect of imposing price controls upon a lawful business 224 activity that w1iie1i is not franchised by, owned by, or under 225 contract with, the governmental agency, unless specifically 226 provided by general law. 227 (b) This section does not prevent the enactment by local 228 governments of public service rates otherwise authorized by law, 229 including water, sewer, solid waste, public transportation, 230 taxicab, or port rates, rates for towing of vehicles or vessels 231 from or immobilization of vehicles or vessels on private 232 property, or rates for removal and storage of wrecked or Page 8 of 95 CODING: Words men are deletions; words underlined are additions. 347 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 233 disabled vehicles or vessels from an accident scene or the 234 removal and storage of vehicles or vessels in the event the 235 owner or operator is incapacitated, unavailable, leaves the 236 procurement of wrecker service to the law enforcement officer at 237 the scene, or otherwise does not consent to the removal of the 238 vehicle or vessel. 239 (c) Counties must establish maximum rates which may be 240 charged on the towing of vehicles or vessels from or 241 immobilization of vehicles or vessels on private property, 242 removal and storage of wrecked or disabled vehicles or vessels 243 from an accident scene or for the removal and storage of 244 vehicles or vessels, in the event the owner or operator is 245 incapacitated, unavailable, leaves the procurement of wrecker 246 service to the law enforcement officer at the scene, or 247 otherwise does not consent to the removal of the vehicle or 248 vessel. However, if a municipality chooses to enact an ordinance 249 establishing the maximum rates for the towing or immobilization 250 of vehicles or vessels as described in paragraph (b), the 251 county's ordinance does shall not apply within such 252 municipality. 253 ( 2 ) Pel aw,eia4ini�ie,rad le, ez ot-l:ie��we �1 sl 254 255 256 , 257 258 hemi richis =e as }e s }„}e a se--, 259 FRe^- }e the geneLcal pialelie. 260 Hylaw,erami e rile eL= etre easaL=e whiehTas 261 the —e f f e e t- o f ew inej eentr-els en L=ent -s s'��., r F; r t- e n Page 9 of 95 CODING: Words men are deletions; words underlined are additions. 348 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 262 e�Ej3±ice wit ti'—r 1 y_aLc and shall et- lee e�Et-en e =r' rce_ewed ---- L } 263 ley tl�- - leje ien e f a s:e - ----"}=- ff all tl}e— �,,; -�} ef 1 -L r J -1----^ 264 �.- men. 265 ( 4) Netwimtl�istan(4±ing—any etl-se i� ef tl=tis sei e n, 266 nveenr�Y-=6l-s— shall rlee 6 slzr-eTi-cir-�s feic any co'" i-ezrmesca 267 eief€ei=eel f-eic r—s-ielermial jemeri=jee:se1s as a sense ales : sm 268 , 269 270 , 271 1, 1944, 272 273 #1 rt(4�.te (4j -vi 4e4 le yken e 2' ef- i re H e e s$ 5 n. 274 +&* Ae municipality, county, or other entity of local 275 government may not l adopt or maintain in effect any law, 276 ordinance, rule, or other measure that whieh would have the 277 effect of imposing controls on rents �aTse�s- 278 (a) Clel ml' is Elm .. aele 4 e ,a ley 4z4 -,e ej le e., o f 279 s ,s,eeh enm�imye f 1 eeal eje . r : , fm�ei= ne�4ee are280 , in aeeeiaelanee w ill ajejeliealele jr-ems-i e n s—ef :�he 281 , 282 ffe_rr_r J stiel: rt-it-yef 1-ee-alEe rt-, t -l: ; e 283 e t-lzie2c ajejeliealele—laws . 284 285 286 287 ejenei=al jqalelieand that-su_ }icels aL=_ nec__srl, _r,i -- Lrnl ,. 288elifftinat-eheiasing efftei=Ejeney. 289 (e) 8rueh ffteas a i= e -v-e el ley the �-e t- e L� n in siae4 290 Kiri e ijealit-yeement-y, ei= e��ientity o f l e e j e�; e ,came F. Page 10 of 95 CODING: Wordsst-r-ieken are deletions; words underlined are additions. 349 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 291 (6) in any e e trLcm� aet-i-en le r-ei:igk4�: t -e erall enEjthe —� _ lT -- } y 292 flziaei�it eten i= e! i� le e s e e-=i:ir :iant te e - - - = tee f ticiis 293 seetimen, tl�ie ;,;en}, . „ff. } of any f, i ,ff s eia iaeeitatiens 4 ice_ n, , , ,� -- ley -i:ilerieetien �-,-l=i-s-rlee —1-aT,----r-eETtIJ L l l ltl lJ-s-i 2 95r yelellmer Ji� � thea-alidit-yefsu ire t-,�e le,,i�elen ef 296 ej f-e�a is el ithe —e�iele n e e , , n ,l } h e ti-. ti ef jei�e e; (that - 297 t h _ t 297 , 298 te Iciave ticie ffteaaujae idjel=te4mel. 299 (3){H} Notwithstanding any other provisions of this 300 section, municipalities, counties, or other entities of local 301 government may adopt and maintain in effect any law, ordinance, 302 rule, or other measure which is adopted for the purposes of 303 increasing the supply of affordable housing using land use 304 mechanisms such as inclusionary housing ordinances. 305 Section 3. Subsections (5) and (6) of section 125.01055, 306 Florida Statutes, are amended, and subsection (7) is added to 307 that section, to read: 308 125.01055 Affordable housing. - 309 (5) Subsection (4) +2+ does not apply in an area of 310 critical state concern, as designated in s. 380.0552. 311 (6) Notwithstanding any other law or local ordinance or 312 regulation to the contrary, the board of county commissioners 313 may approve the development of housing that is affordable, as 314 defined in s. 420.0004, including, but not limited to, a mixed - 315 use residential development, on any parcel zoned for 316 resident-ial, commercial,— or industrial use. if a pai=ee! is zeneEi 317 fei= eemffierciair=ntrstaial as r-e�al , --ate this 318 nelade anyr=s-ielenm�i a l el eel eerie j ee-t-F 319 ine-lti se—ras-ieleizitial ele�,-ele , so long Page 11 of 95 CODING: Wordss4�:r-iekee are deletions; words underlined are additions. 350 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 320 as at least 10 percent of the units included in the project are 321 for housing that is affordable ai:iel t1_�i= le�-elej of }':ie leicejeet 322 agrees net t o alelely ewe iie e e± �e dingianEer—s-429.S98T . 323 The provisions of this subsection are self-executing and do not 324 require the board of county commissioners to adopt an ordinance 325 or a regulation before using the approval process in this 326 subsection. 327 (7)(a) A county must authorize multifamily and mixed-use 328 residential as allowable uses in any area zoned for commercial, 329 industrial, or mixed use if at least 40 percent of the 330 residential units in a proposed multifamily rental development 331 are, for a period of at least 30 years, affordable as defined in 332 s. 420.0004. Notwithstanding any other law, local ordinance, or 333 regulation to the contrary, a county may not require a proposed 334 multifamily development to obtain a zoning or land use change, 335 special exception, conditional use approval, variance, or 336 comprehensive plan amendment for the building height, zoning, 337 and densities authorized under this subsection. For mixed-use 338 residential projects, at least 65 percent of the total square 339 footage must be used for residential purposes. 340 (b) A county may not restrict the density of a proposed 341 development authorized under this subsection below the highest 342 allowed density on any unincorporated land in the county where 343 residential development is allowed. 344 (c) A county may not restrict the height of a proposed 345 development authorized under this subsection below the highest 346 currently allowed height for a commercial or residential 347 development located in its jurisdiction within 1 mile of the 348 proposed development or 3 stories, whichever is higher. Page 12 of 95 CODING: Words men are deletions; words underlined are additions. 351 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 349 (d) A proposed development authorized under this subsection 350 must be administratively approved and no further action by the 351 board of county commissioners is required if the development 352 satisfies the county's land development regulations for 353 multifamily developments in areas zoned for such use and is 354 otherwise consistent with the comprehensive plan, with the 355 exception of provisions establishing allowable densities, 356 height, and land use. Such land development regulations include, 357 but are not limited to, regulations relating to setbacks and 358 parking requirements. 359 (e) A county must consider reducing parking requirements 360 for a proposed development authorized under this subsection if 361 the development is located within one-half mile of a major 362 transit stop, as defined in the county's land development code, 363 and the major transit stop is accessible from the development. 364 (f) For proposed multifamily developments in an 365 unincorporated area zoned for commercial or industrial use which 366 is within the boundaries of a multicounty independent special 367 district that was created to provide municipal services and is 368 not authorized to levy ad valorem taxes, and less than 20 369 percent of the land area within such district is designated for 370 commercial or industrial use, a county must authorize, as 371 provided in this subsection, such development only if the 372 development is mixed-use residential. 373 (g) Except as otherwise provided in this subsection, a 374 development authorized under this subsection must comply with 375 all applicable state and local laws and regulations. 376 (h) This subsection does not apply to property defined as 377 recreational and commercial working waterfront in s. Page 13 of 95 CODING: Words men are deletions; words underlined are additions. 352 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 378 342.201(2)(b) in any area zoned as industrial. 379 (i) This subsection expires October 1, 2033. 380 Section 4. Section 125.379, Florida Statutes, is amended to 381 read: 382 125.379 Disposition of county property for affordable 383 housing. - 384 (1) By October 1, 2023 , and every 3 years 385 thereafter, each county shall prepare an inventory list of all 386 real property within its jurisdiction to which the county or any 387 dependent special district within its boundaries holds fee 388 simple title which is appropriate for use as affordable 389 housing. The inventory list must include the address and legal 390 description of each such real property and specify whether the 391 property is vacant or improved. The governing body of the county 392 must review the inventory list at a public hearing and may 393 revise it at the conclusion of the public hearing. The governing 394 body of the county shall adopt a resolution that includes an 395 inventory list of such property following the public hearing. 396 Each county shall make the inventory list publicly available on 397 its website to encourage potential development. 398 (2) The properties identified as appropriate for use as 399 affordable housing on the inventory list adopted by the county 400 may be used for affordable housing through a long-term land 401 lease requiring the development and maintenance of affordable 402 housing, offered for sale and the proceeds used to purchase land 403 for the development of affordable housing or to increase the 404 local government fund earmarked for affordable housing, eL= Fftay 405 be sold with a restriction that requires the development of the 406 property as permanent affordable housing, or FRay lee donated to a Page 14 of 95 CODING: Words men are deletions; words underlined are additions. 353 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 407 nonprofit housing organization for the construction of permanent 408 affordable housing. Alternatively, the county or special 409 district may otherwise make the property available for use for 410 the production and preservation of permanent affordable housing. 411 For purposes of this section, the term "affordable" has the same 412 meaning as in s. 420.0004(3). 413 (3) Counties are encouraged to adopt best practices for 414 surplus land programs, including, but not limited to: 415 (a) Establishing eligibility criteria for the receipt or 416 purchase of surplus land by developers; 417 (b) Making the process for requesting surplus lands 418 publicly available; and 419 (c) Ensuring long-term affordability through ground leases 420 by retaining the right of first refusal to purchase property 421 that would be sold or offered at market rate and by requiring 422 reversion of property not used for affordable housing within a 423 certain timeframe. 424 Section 5. Subsections (5) and (6) of section 166.04151, 425 Florida Statutes, are amended, and subsection (7) is added to 426 that section, to read: 427 166.04151 Affordable housing. - 428 (5) Subsection (4) {2} does not apply in an area of 429 critical state concern, as designated by s. 380.0552 or chapter 430 28-36, Florida Administrative Code. 431 (6) Notwithstanding any other law or local ordinance or 432 regulation to the contrary, the governing body of a municipality 433 may approve the development of housing that is affordable, as 434 defined in s. 420.0004, including, but not limited to, a mixed - 435 use residential development, on any parcel zoned for Page 15 of 95 CODING: Words men are deletions; words underlined are additions. 354 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 436 resident-ial, commercial,- or industrial use. if a jaaiFe l is 437 fele e ewe ia!-eii4al :esrie--an jeii r- s ii �te this - �� any Eie�elejeiment 1 J - 439 mel trcirg a iii±HeEi :ese—ie s-rEientia!EleS� e l ejerent te ne je e t, so long 440 as at least 10 percent of the units included in the project are 441 for housing that is affordable mere: ele-�:elejeeref the jee 442 . 443 The provisions of this subsection are self-executing and do not 444 require the governing body to adopt an ordinance or a regulation 445 before using the approval process in this subsection. 446 (7)(a) A municipality must authorize multifamily and mixed - 447 use residential as allowable uses in any area zoned for 448 commercial, industrial, or mixed use if at least 40 percent of 449 the residential units in a proposed multifamily rental 450 development are, for a period of at least 30 years, affordable 451 as defined in s. 420.0004. Notwithstanding any other law, local 452 ordinance, or regulation to the contrary, a municipality may not 453 require a proposed multifamily development to obtain a zoning or 454 land use change, special exception, conditional use approval, 455 variance, or comprehensive plan amendment for the building 456 height, zoning, and densities authorized under this subsection. 457 For mixed-use residential projects, at least 65 percent of the 458 total square footage must be used for residential purposes. 459 (b) A municipality may not restrict the density of a 460 proposed development authorized under this subsection below the 461 highest allowed density on any land in the municipality where 462 residential development is allowed. 463 (c) A municipality may not restrict the height of a 464 proposed development authorized under this subsection below the Page 16 of 95 CODING: Words men are deletions; words underlined are additions. 355 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 465 highest currently allowed height for a commercial or residential 466 development located in its jurisdiction within 1 mile of the 467 proposed development or 3 stories, whichever is higher. 468 (d) A proposed development authorized under this subsection 469 must be administratively approved and no further action by the 470 governing body of the municipality is required if the 471 development satisfies the municipality's land development 472 regulations for multifamily developments in areas zoned for such 473 use and is otherwise consistent with the comprehensive plan, 474 with the exception of provisions establishing allowable 475 densities, height, and land use. Such land development 476 regulations include, but are not limited to, regulations 477 relating to setbacks and parking requirements. 478 (e) A municipality must consider reducing parking 479 requirements for a proposed development authorized under this 480 subsection if the development is located within one-half mile of 481 a major transit stop, as defined in the municipality's land 482 development code, and the major transit stop is accessible from 483 the development. 484 (f) A municipality that designates less than 20 percent of 485 the land area within its jurisdiction for commercial or 486 industrial use must authorize a proposed multifamily development 487 as provided in this subsection in areas zoned for commercial or 488 industrial use only if the proposed multifamily development is 489 mixed-use residential. 490 (g) Except as otherwise provided in this subsection, a 491 development authorized under this subsection must comply with 492 all applicable state and local laws and regulations. 493 (h) This subsection does not apply to property defined as Page 17 of 95 CODING: Words men are deletions; words underlined are additions. 356 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 494 recreational and commercial working waterfront in s. 495 342.201(2)(b) in any area zoned as industrial. 496 (i) This subsection expires October 1, 2033. 497 Section 6. Section 166.043, Florida Statutes, is amended to 498 read: 499 166.043 Ordinances and rules imposing price controls-• 500 .- 501 (1)(a) Except as hereinafter provided, a ire county, 502 municipality, or other entity of local government may not 503 adopt or maintain in effect an ordinance or a rule that . 504 has the effect of imposing price controls upon a lawful business 505 activity that is not franchised by, owned by, or under 506 contract with, the governmental agency, unless specifically 507 provided by general law. 508 (b) This section does not prevent the enactment by local 509 governments of public service rates otherwise authorized by law, 510 including water, sewer, solid waste, public transportation, 511 taxicab, or port rates, rates for towing of vehicles or vessels 512 from or immobilization of vehicles or vessels on private 513 property, or rates for removal and storage of wrecked or 514 disabled vehicles or vessels from an accident scene or the 515 removal and storage of vehicles or vessels in the event the 516 owner or operator is incapacitated, unavailable, leaves the 517 procurement of wrecker service to the law enforcement officer at 518 the scene, or otherwise does not consent to the removal of the 519 vehicle or vessel. 520 (c) Counties must establish maximum rates which may be 521 charged on the towing of vehicles or vessels from or 522 immobilization of vehicles or vessels on private property, Page 18 of 95 CODING: Words men are deletions; words underlined are additions. 357 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 523 removal and storage of wrecked or disabled vehicles or vessels 524 from an accident scene or for the removal and storage of 525 vehicles or vessels, in the event the owner or operator is 526 incapacitated, unavailable, leaves the procurement of wrecker 527 service to the law enforcement officer at the scene, or 528 otherwise does not consent to the removal of the vehicle or 529 vessel. However, if a municipality chooses to enact an ordinance 530 establishing the maximum rates for the towing or immobilization 531 of vehicles or vessels as described in paragraph (b), the 532 county's ordinance established under s. 125.0103 does e1=1a4:4: not 533 apply within such municipality. 534 ( 2) reelaw, eja(4j-nanee, 2cd r,e r et4reia fftu 2c e we �1 535 n� e:�I-,e-e f€eem�-eff e s inej eenm�r-else n a e r m s shall lee a4ejem�e4 536 ei= ffta; nt- ee in e ffeetee rceded d heLcein anEi anless it - 537 is feanel a e ee}eVm; ned, as heicein€�pL-e�i-de hat- si 538 tr-els a r-ele r t -e e, i inat-e an - ist-, n J 539 hemesieh is sejr-a�, s },,}e a series 540 me ~ : e :' e gene-ia lie. 541 (3) Any ramie er em�l-,ei= ffteasur=wriehhas 542 t e effee ef eii:iff eei�it-2aels rt -s shall t- at -e r 543 544 545 }'-i ; e} ren. 546 , 547 548 ewef€eiced fear—sidlntia i=pesti seasenal er }e,,V; s} 5 4 9 ian}, as a s ece re ej a n ire r en Lcent-e—€eL= EiNe a l, n, is n} 550 Ameeat-eel inAmaiajqat- ext- le,,; lel s—FeL=ire-pm�iiFpeses efps 551 sse e-tien, a iti�Emer-y aje a a } .-, e n } le , , ; 1-dintf is Page 19 of 95 CODING: Words men are deletions; words underlined are additions. 358 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 553 elNe ate--,:-fTrrnit-s as s t- a : e e leases � n } , s } 554 tl=iat elate 4i i4e(4 ley tom= - lee of 4wel • J�inits e4s r25n 555 +5} A N$ municipality, county, or other entity of local 556 government may not sl-iall adopt or maintain in effect any law, 557 ordinance, rule, or other measure that r-� would have the 558 effect of imposing controls on rents "'zniess 559 560 , 561 1cteaj4nEjf 562 , 563 , an4 any 564 flm�aei� a191944a l e—laws 565 e- air-eeim es in saeh 566 its f,li �s -_�-alel shi j the e nee in €-aetef a'�e_s±' 567 _ r-a-;�:e as t- s t-dt- seL=ie nT ee t—e t 568 ejene-r=a lAme anelz icer -els a = n e e e s s,& L= -_ r ,l l 19r^1r ^ 569 Te e i - am�e smeeh L=a . 570 (e) Sm,eh gym r -e a-emeicsin smeel-, 571 fffidi�i± .±pal i ty, ee et- t- t-1 e f ------ - } e� o��e;T,-�-r=�,=-�T, lie? 572 (6) 4mn any e e tiat- aet-i-en le2at- t -e erall-ei:iEje—t�T ,, i -' i} y 573 e f 2cent-ea:rtr-ewe r-ev±s ± e n ef t -his 574 , 575 576 577 ej€e L=wa iF d wit- the e�i6enee, and the leaefpLeef (4�7h 578 is,the Lcisk ef nem sieshall Lcest algen any paL=t-y seeking 579 t -e : � re�te-amu - phe Ei _ T�� 580 (3){7+ Notwithstanding any other provisions of this Page 20 of 95 CODING: Words men are deletions; words underlined are additions. 359 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 581 section, municipalities, counties, or other entity of local 582 government may adopt and maintain in effect any law, ordinance, 583 rule, or other measure which is adopted for the purposes of 584 increasing the supply of affordable housing using land use 585 mechanisms such as inclusionary housing ordinances. 586 Section 7. Section 166.0451, Florida Statutes, is amended 587 to read: 588 166.0451 Disposition of municipal property for affordable 589 housing. - 590 (1) By October 1, 2023 , and every 3 years 591 thereafter, each municipality shall prepare an inventory list of 592 all real property within its jurisdiction to which the 593 municipality or any dependent special district within its 594 boundaries holds fee simple title which is appropriate for 595 use as affordable housing. The inventory list must include the 596 address and legal description of each such property and specify 597 whether the property is vacant or improved. The governing body 598 of the municipality must review the inventory list at a public 599 hearing and may revise it at the conclusion of the public 600 hearing. Following the public hearing, the governing body of the 601 municipality shall adopt a resolution that includes an inventory 602 list of such property. Each municipality shall make the 603 inventory list publicly available on its website to encourage 604 potential development. 605 (2) The properties identified as appropriate for use as 606 affordable housing on the inventory list adopted by the 607 municipality may be used for affordable housing through a long - 608 term land lease requiring the development and maintenance of 609 affordable housing, offered for sale and the proceeds Fftay lee Page 21 of 95 CODING: Wordsst-r-ieken are deletions; words underlined are additions. 360 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 610 used to purchase land for the development of affordable housing 611 or to increase the local government fund earmarked for 612 affordable housing, eic Fftay lee sold with a restriction that 613 requires the development of the property as permanent affordable 614 housing, or FRay lee donated to a nonprofit housing organization 615 for the construction of permanent affordable housing. 616 Alternatively, the municipality or special district may 617 otherwise make the property available for use for the production 618 and preservation of permanent affordable housing. For purposes 619 of this section, the term "affordable" has the same meaning as 620 in s. 420.0004(3). 621 (3) Municipalities are encouraged to adopt best practices 622 for surplus land programs, including, but not limited to: 623 (a) Establishing eligibility criteria for the receipt or 624 purchase of surplus land by developers; 625 (b) Making the process for requesting surplus lands 626 publicly available; and 627 (c) Ensuring long-term affordability through ground leases 628 by retaining the right of first refusal to purchase property 629 that would be sold or offered at market rate and by requiring 630 reversion of property not used for affordable housing within a 631 certain timeframe. 632 Section 8. Effective January 1, 2024, subsection (1) of 633 section 196.1978, Florida Statutes, is amended, and subsection 634 (3) is added to that section, to read: 635 196.1978 Affordable housing property exemption. - 636 (1)(a) Property used to provide affordable housing to 637 eligible persons as defined by s. 159.603 and natural persons or 638 families meeting the extremely -low-income, very -low-income, low - Page 22 of 95 CODING: Words men are deletions; words underlined are additions. 361 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 639 income, or moderate -income limits specified in s. 420.0004, 640 which is owned entirely by a nonprofit entity that is a 641 corporation not for profit, qualified as charitable under s. 642 501(c)(3) of the Internal Revenue Code and in compliance with 643 Rev. Proc. 96-32, 1996-1 C.B. 717, is considered property owned 644 by an exempt entity and used for a charitable purpose, and those 645 portions of the affordable housing property that provide housing 646 to natural persons or families classified as extremely low 647 income, very low income, low income, or moderate income under s. 648 420.0004 are exempt from ad valorem taxation to the extent 649 authorized under s. 196.196. All property identified in this 650 subsection must comply with the criteria provided under s. 651 196.195 for determining exempt status and applied by property 652 appraisers on an annual basis. The Legislature intends that any 653 property owned by a limited liability company which is 654 disregarded as an entity for federal income tax purposes 655 pursuant to Treasury Regulation 301.7701-3(b)(1)(ii) be treated 656 as owned by its sole member. If the sole member of the limited 657 liability company that owns the property is also a limited 658 liability company that is disregarded as an entity for federal 659 income tax purposes pursuant to Treasury Regulation 301.7701- 660 3(b)(1)(ii), the Legislature intends that the property be 661 treated as owned by the sole member of the limited liability 662 company that owns the limited liability company that owns the 663 property. Units that are vacant and units that are occupied by 664 natural persons or families whose income no longer meets the 665 income limits of this subsection, but whose income met those 666 income limits at the time they became tenants, shall be treated 667 as portions of the affordable housing property exempt under this Page 23 of 95 CODING: Words men are deletions; words underlined are additions. 362 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 668 subsection if a recorded land use restriction agreement in favor 669 of the Florida Housing Finance Corporation or any other 670 governmental or quasi -governmental jurisdiction requires that 671 all residential units within the property be used in a manner 672 that qualifies for the exemption under this subsection and if 673 the units are being offered for rent. 674 (b) Land that is owned entirely by a nonprofit entity that 675 is a corporation not for profit, qualified as charitable under 676 s. 501(c)(3) of the Internal Revenue Code and in compliance with 677 Rev. Proc. 96-32, 1996-1 C.B. 717, and is leased for a minimum 678 of 99 years for the purpose of, and is predominantly used for, 679 providing housing to natural persons or families meeting the 680 extremely -low-income, very -low-income, low-income, or moderate - 681 income limits specified in s. 420.0004 is exempt from ad valorem 682 taxation. For purposes of this paragraph, land is predominantly 683 used for qualifying purposes if the square footage of the 684 improvements on the land used to provide qualifying housing is 685 greater than 50 percent of the square footage of all 686 improvements on the land. This paragraph first applies to the 687 2024 tax roll and is repealed December 31, 2059. 688 (3)(a) As used in this subsection, the term: 689 1. "Corporation" means the Florida Housing Finance 690 Corporation. 691 2. "Newly constructed" means an improvement to real 692 property which was substantially completed within 5 years before 693 the date of an applicant's first submission of a request for 694 certification or an application for an exemption pursuant to 695 this section, whichever is earlier. 696 3. "Substantially completed" has the same meaning as in s. Page 24 of 95 CODING: Words men are deletions; words underlined are additions. 363 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 ENROLLED 2023 Legislature 192.042 (1) . CS for SB 102, 1st Engrossed 2023102er (b) Notwithstanding ss. 196.195 and 196.196, portions of property in a multifamily project are considered property used for a charitable purpose and are eligible to receive an ad valorem property tax exemption if such portions: 1. Provide affordable housing to natural persons or families meeting the income limitations provided in paragraph (d) ; 2. Are within a newly constructed multifamily project that contains more than 70 units dedicated to housing natural persons or families meeting the income limitations provided in paragraph 1AX . --A 3. Are rented for an amount that does not exceed the amount as specified by the most recent multifamily rental programs income and rent limit chart posted by the corporation and derived from the Multifamily Tax Subsidy Projects Income Limits published by the United States Department of Housing and Urban Development or 90 percent of the fair market value rent as determined by a rental market study meeting the requirements of paragraph (m), whichever is less. (c) If a unit that in the previous year qualified for the exemption under this subsection and was occupied by a tenant is vacant on January 1, the vacant unit is eligible for the exemption if the use of the unit is restricted to providing affordable housing that would otherwise meet the requirements of this subsection and a reasonable effort is made to lease the unit to eligible persons or families. (d)l. Qualified property used to house natural persons or families whose annual household income is Greater than 80 Page 25 of 95 CODING: Words men are deletions; words underlined are additions. 364 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 726 percent but not more than 120 percent of the median annual 727 adjusted gross income for households within the metropolitan 728 statistical area or, if not within a metropolitan statistical 729 area, within the county in which the person or family resides, 730 must receive an ad valorem property tax exemption of 75 percent 731 of the assessed value. 732 2. Qualified property used to house natural persons or 733 families whose annual household income does not exceed 80 734 percent of the median annual adjusted gross income for 735 households within the metropolitan statistical area or, if not 736 within a metropolitan statistical area, within the county in 737 which the person or family resides, is exempt from ad valorem 738 property taxes. 739 (e) To receive an exemption under this subsection, a 740 property owner must submit an application on a form prescribed 741 by the department by March 1 for the exemption, accompanied by a 742 certification notice from the corporation to the property 743 appraiser. 744 (f) To receive a certification notice, a property owner 745 must submit a request to the corporation for certification on a 746 form provided by the corporation which includes all of the 747 following: 748 1. The most recently completed rental market study meeting 749 the requirements of paragraph (m). 750 2. A list of the units for which the property owner seeks 751 an exemption. 752 3. The rent amount received by the property owner for each 753 unit for which the property owner seeks an exemption. If a unit 754 is vacant and qualifies for an exemption under paragraph (c), Page 26 of 95 CODING: Words men are deletions; words underlined are additions. 365 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 755 the property owner must provide evidence of the published rent 756 amount for each vacant unit. 757 4. A sworn statement, under penalty of perjury, from the 758 applicant restricting the property for a period of not less than 759 3 years to housing persons or families who meet the income 760 limitations under this subsection. 761 (g) The corporation shall review the request for 762 certification and certify property that meets the eligibility 763 criteria of this subsection. A determination by the corporation 764 regarding a request for certification does not constitute final 765 agency action pursuant to chapter 120. 766 1. If the corporation determines that the property meets 767 the eligibility criteria for an exemption under this subsection, 768 the corporation must send a certification notice to the property 769 owner and the property appraiser. 770 2. If the corporation determines that the property does not 771 meet the eligibility criteria, the corporation must notify the 772 property owner and include the reasons for such determination. 773 (h) The corporation shall post on its website the deadline 774 to submit a request for certification. The deadline must allow 775 adequate time for a property owner to submit a timely 776 application for exemption to the property appraiser. 777 (i) The property appraiser shall review the application and 778 determine if the applicant is entitled to an exemption. A 779 property appraiser may grant an exemption only for a property 780 for which the corporation has issued a certification notice. 781 (j) If the property appraiser determines that for any year 782 during the immediately previous 10 years a person who was not 783 entitled to an exemption under this subsection was granted such Page 27 of 95 CODING: Words men are deletions; words underlined are additions. 366 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 784 an exemption, the property appraiser must serve upon the owner a 785 notice of intent to record in the public records of the county a 786 notice of tax lien against any property owned by that person in 787 the county, and that property must be identified in the notice 788 of tax lien. Any property owned by the taxpayer and situated in 789 this state is subject to the taxes exempted by the improper 790 exemption, plus a penalty of 50 percent of the unpaid taxes for 791 each year and interest at a rate of 15 percent per annum. If an 792 exemption is improperly granted as a result of a clerical 793 mistake or an omission by the property appraiser, the property 794 owner improperly receiving the exemption may not be assessed a 795 penalty or interest. 796 (k) Units subject to an agreement with the corporation 797 pursuant to chapter 420 recorded in the official records of the 798 county in which the property is located to provide housing to 799 natural persons or families meeting the extremely -low-income, 800 very -low-income, or low-income limits specified in s. 420.0004 801 are not eligible for this exemption. 802 (1) Property receiving an exemption pursuant to s. 196.1979 803 is not eligible for this exemption. 804 (m) A rental market study submitted as required by 805 paragraph (f) must identify the fair market value rent of each 806 unit for which a property owner seeks an exemption. Only a 807 certified general appraiser as defined in s. 475.611 may issue a 808 rental market study. The certified general appraiser must be 809 independent of the property owner who requests the rental market 810 study. In preparing the rental market study, a certified general 811 appraiser shall comply with the standards of professional 812 practice pursuant to part II of chapter 475 and use comparable Page 28 of 95 CODING: Words men are deletions; words underlined are additions. 367 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 813 property within the same geographic area and of the same type as 814 the property for which the exemption is sought. A rental market 815 study must have been completed within 3 years before submission 816 of the application. 817 (n) The corporation may adopt rules to implement this 818 section. 819 (o) This subsection first applies to the 2024 tax roll and 820 is repealed December 31, 2059. 821 Section 9. Section 196.1979, Florida Statutes, is created 822 to read: 823 196.1979 County and municipal affordable housing property 824 exemption. - 825 (1)(a) Notwithstanding ss. 196.195 and 196.196, the board 826 of county commissioners of a county or the governing body of a 827 municipality may adopt an ordinance to exempt those portions of 828 property used to provide affordable housing meeting the 829 requirements of this section. Such property is considered 830 property used for a charitable purpose. To be eligible for the 831 exemption, the portions of property: 832 1. Must be used to house natural persons or families whose 833 annual household income: 834 a. Is greater than 30 percent but not more than 60 percent 835 of the median annual adjusted gross income for households within 836 the metropolitan statistical area or, if not within a 837 metropolitan statistical area, within the county in which the 838 person or family resides; or 839 b. Does not exceed 30 percent of the median annual adjusted 840 gross income for households within the metropolitan statistical 841 area or, if not within a metropolitan statistical area, within Page 29 of 95 CODING: Words men are deletions; words underlined are additions. 368 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 842 the county in which the person or family resides; 843 2. Must be within a multifamily project containing 50 or 844 more residential units, at least 20 percent of which are used to 845 provide affordable housing that meets the requirements of this 846 section; 847 3. Must be rented for an amount no greater than the amount 848 as specified by the most recent multifamily rental programs 849 income and rent limit chart posted by the corporation and 850 derived from the Multifamily Tax Subsidy Projects Income Limits 851 published by the United States Department of Housing and Urban 852 Development or 90 percent of the fair market value rent as 853 determined by a rental market study meeting the requirements of 854 subsection (4), whichever is less; 855 4. May not have been cited for code violations on three or 856 more occasions in the 24 months before the submission of a tax 857 exemption application; 858 5. May not have any cited code violations that have not 859 been properly remedied by the property owner before the 860 submission of a tax exemption application; and 861 6. May not have any unpaid fines or charges relating to the 862 cited code violations. Payment of unpaid fines or charges before 863 a final determination on a property's qualification for an 864 exemption under this section will not exclude such property from 865 eligibility if the property otherwise complies with all other 866 requirements for the exemption. 867 (b) Qualified property may receive an ad valorem property 868 tax exemption of: 869 1. Up to 75 percent of the assessed value of each 870 residential unit used to provide affordable housing if fewer Page 30 of 95 CODING: Words men are deletions; words underlined are additions. 369 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er than 100 percent of the multifamily project's residential units are used to provide affordable housing meeting the requirements of this section. 2. Up to 100 percent of the assessed value if 100 percent of the multifamily project's residential units are used to provide affordable housing meeting the requirements of this (c) The board of county commissioners of the county or the governing body of the municipality, as applicable, may choose to adopt an ordinance that exempts property used to provide affordable housing for natural persons or families meeting the income limits of sub -subparagraph (a)l.a., natural persons or families meeting the income limits of sub -subparagraph (a)l.b., or both. (2) If a residential unit that in the previous year qualified for the exemption under this section and was occupied by a tenant is vacant on January 1, the vacant unit may qualify for the exemption under this section if the use of the unit is restricted to providing affordable housing that would otherwise meet the requirements of this section and a reasonable effort is made to lease the unit to eligible persons or families. (3) An ordinance qrantinq the exemption authorized by this section must: (a) Be adopted under the procedures for adoption of a nonemergency ordinance by a board of county commissioners specified in chapter 125 or by a municipal governing body specified in chapter 166. (b) Designate the local entity under the supervision of the board of county commissioners or aovernina body of a Page 31 of 95 CODING: Words men are deletions; words underlined are additions. 370 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 900 municipality which must develop, receive, and review 901 applications for certification and develop notices of 902 determination of eligibility. 903 (c) Require the property owner to apply for certification 904 by the local entity in order to receive the exemption. The 905 application for certification must be on a form provided by the 906 local entity designated pursuant to paragraph (b) and include 907 all of the following: 908 1. The most recently completed rental market study meeting 909 the requirements of subsection (4). 910 2. A list of the units for which the property owner seeks 911 an exemption. 912 3. The rent amount received by the property owner for each 913 unit for which the property owner seeks an exemption. If a unit 914 is vacant and qualifies for an exemption under subsection (2), 915 the property owner must provide evidence of the published rent 916 amount for the vacant unit. 917 (d) Require the local entity to verify and certify property 918 that meets the requirements of the ordinance as qualified 919 property and forward the certification to the property owner and 920 the property appraiser. If the local entity denies the 921 exemption, it must notify the applicant and include reasons for 922 the denial. 923 (e) Require the eligible unit to meet the eligibility 924 criteria of paragraph (1)(a). 925 (f) Require the property owner to submit an application for 926 exemption, on a form prescribed by the department, accompanied 927 by the certification of qualified property, to the property 928 appraiser no later than March 1. Page 32 of 95 CODING: Words men are deletions; words underlined are additions. 371 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 929 (g) Specify that the exemption applies only to the taxes 930 levied by the unit of government granting the exemption. 931 (h) Specify that the property may not receive an exemption 932 authorized by this section after expiration or repeal of the 933 ordinance. 934 (i) Identify the percentage of the assessed value which is 935 exempted, subject to the percentage limitations in paragraph 936 (1) (b) . 937 (j) Identify whether the exemption applies to natural 938 persons or families meeting the income limits of sub - 939 subparagraph (1)(a)l.a., natural persons or families meeting the 940 income limits of sub -subparagraph (1)(a)l.b., or both. 941 (k) Require that the deadline to submit an application for 942 certification be published on the county's or municipality's 943 website. The deadline must allow adequate time for a property 944 owner to make a timely application for exemption to the property 945 appraiser. 946 (1) Require the county or municipality to post on its 947 website a list of certified properties for the purpose of 948 facilitating access to affordable housing. 949 (4) A rental market study submitted as required by 950 paragraph (3)(c) must identify the fair market value rent of 951 each unit for which a property owner seeks an exemption. Only a 952 certified general appraiser, as defined in s. 475.611, may issue 953 a rental market study. The certified general appraiser must be 954 independent of the property owner who requests a rental market 955 study. In preparing the rental market study, a certified general 956 appraiser shall comply with the standards of professional 957 practice pursuant to part II of chapter 475 and use comparable Page 33 of 95 CODING: Words men are deletions; words underlined are additions. 372 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 958 property within the same geographic area and of the same type as 959 the property for which the exemption is sought. A rental market 960 study must have been completed within 3 years before submission 961 of the application. 962 (5) An ordinance adopted under this section must expire 963 before the fourth January 1 after adoption; however, the board 964 of county commissioners or the governing body of the 965 municipality may adopt a new ordinance to renew the exemption. 966 The board of county commissioners or the governing body of the 967 municipality shall deliver a copy of an ordinance adopted under 968 this section to the department and the property appraiser within 969 10 days after its adoption. If the ordinance expires or is 970 repealed, the board of county commissioners or the governing 971 body of the municipality must notify the department and the 972 property appraiser within 10 days after its expiration or 973 repeal. 974 (6) If the property appraiser determines that for any year 975 during the immediately previous 10 years a person who was not 976 entitled to an exemption under this section was granted such an 977 exemption, the property appraiser must serve upon the owner a 978 notice of intent to record in the public records of the county a 979 notice of tax lien against any property owned by that person in 980 the county, and that property must be identified in the notice 981 of tax lien. Any property owned by the taxpayer and situated in 982 this state is subject to the taxes exempted by the improper 983 exemption, plus a penalty of 50 percent of the unpaid taxes for 984 each year and interest at a rate of 15 percent per annum. If an 985 exemption is improperly granted as a result of a clerical 986 mistake or an omission by the property appraiser, the property Page 34 of 95 CODING: Words men are deletions; words underlined are additions. 373 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 987 owner improperly receiving the exemption may not be assessed a 988 penalty or interest. 989 (7) This section first applies to the 2024 tax roll. 990 Section 10. Section 201.15, Florida Statutes, is amended to 991 read: 992 201.15 Distribution of taxes collected.—All taxes collected 993 under this chapter are hereby pledged and shall be first made 994 available to make payments when due on bonds issued pursuant to 995 s. 215.618 or s. 215.619, or any other bonds authorized to be 996 issued on a parity basis with such bonds. Such pledge and 997 availability for the payment of these bonds shall have priority 998 over any requirement for the costs 999 of collection and enforcement under this section. All t -axe& 1001 hand -1'-= i s iii e n T L=as t fir^ d'- - �t�e snaleeeti ens (1)anel (Z`), 1002 aic_ s ulejeet- t -e t-l�i= = e i= _ -Tel-m - - iffipeseel , in s. 215.20 (1) 1003 Before distribution pursuant to this section, the Department of 1004 Revenue shall deduct amounts necessary to pay the costs of the 1005 collection and enforcement of the tax levied by this chapter. 1006 The costs mom= i�--iee e'z,~ je may not be levied against any 1007 portion of taxes pledged to debt service on bonds to the extent 1008 that the costs aPel s e2aTeiee elzia2c are required to pay any 1009 amounts relating to the bonds. All of the costs of the 1010 collection and enforcement of the tax levied by this chapter 1011 shall be available and transferred to the 1012 extent necessary to pay debt service and any other amounts 1013 payable with respect to bonds authorized before January 1, 2017, 1014 secured by revenues distributed pursuant to this section. All 1015 taxes remaining after deduction of costs shall be distributed as Page 35 of 95 CODING: Words men are deletions; words underlined are additions. 374 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1016 follows: 1017 (1) Amounts necessary to make payments on bonds issued 1018 pursuant to s. 215.618 or s. 215.619, as provided under 1019 paragraphs (3)(a) and (b), or on any other bonds authorized to 1020 be issued on a parity basis with such bonds shall be deposited 1021 into the Land Acquisition Trust Fund. 1022 (2) If the amounts deposited pursuant to subsection (1) are 1023 less than 33 percent of all taxes collected after first 1024 deducting the costs of collection, an amount equal to 33 percent 1025 of all taxes collected after first deducting the costs of 1026 collection, minus the amounts deposited pursuant to subsection 1027 (1), shall be deposited into the Land Acquisition Trust Fund. 1028 (3) Amounts on deposit in the Land Acquisition Trust Fund 1029 shall be used in the following order: 1030 (a) Payment of debt service or funding of debt service 1031 reserve funds, rebate obligations, or other amounts payable with 1032 respect to Florida Forever bonds issued pursuant to s. 215.618. 1033 The amount used for such purposes may not exceed $300 million in 1034 each fiscal year. It is the intent of the Legislature that all 1035 bonds issued to fund the Florida Forever Act be retired by 1036 December 31, 2040. Except for bonds issued to refund previously 1037 issued bonds, no series of bonds may be issued pursuant to this 1038 paragraph unless such bonds are approved and the debt service 1039 for the remainder of the fiscal year in which the bonds are 1040 issued is specifically appropriated in the General 1041 Appropriations Act or other law with respect to bonds issued for 1042 the purposes of s. 373.4598. 1043 (b) Payment of debt service or funding of debt service 1044 reserve funds, rebate obligations, or other amounts due with Page 36 of 95 CODING: Words men are deletions; words underlined are additions. 375 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1045 respect to Everglades restoration bonds issued pursuant to s. 1046 215.619. Taxes distributed under paragraph (a) and this 1047 paragraph must be collectively distributed on a pro rata basis 1048 when the available moneys under this subsection are not 1049 sufficient to cover the amounts required under paragraph (a) and 1050 this paragraph. 1051 1052 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally 1053 and ratably secured by moneys distributable to the Land 1054 Acquisition Trust Fund. 1055 (4) After the required distributions to the Land 1056 Acquisition Trust Fund pursuant to subsections (1) and (2), the 1057 lesser of 8 percent of the remainder or $150 million in each 1058 fiscal year shall be paid into the State Treasury to the credit 1059 of the State Housing Trust Fund and shall be expended pursuant 1060 to s. 420.50871. If 8 percent of the remainder is greater than 1061 $150 million in any fiscal year, the difference between 8 1062 percent of the remainder and $150 million shall be paid into the 1063 State Treasury to the credit of the General Revenue Fund. - r J ^ 1seseel 1 1065 The remainder shall be distributed as follows: 1066 (a) The lesser of 20.5453 percent of the remainder or 1067 $466.75 million in each fiscal year shall be paid into the State 1068 Treasury to the credit of the State Transportation Trust Fund. 1069 Notwithstanding any other law, the amount credited to the State 1070 Transportation Trust Fund shall be used for: 1071 1. Capital funding for the New Starts Transit Program, 1072 authorized by Title 49, U.S.C. s. 5309 and specified in s. 1073 341.051, in the amount of 10 percent of the funds; Page 37 of 95 CODING: Words men are deletions; words underlined are additions. 376 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1074 2. The Small County Outreach Program specified in s. 1075 339.2818, in the amount of 10 percent of the funds; 1076 3. The Strategic Intermodal System specified in ss. 339.61, 1077 339.62, 339.63, and 339.64, in the amount of 75 percent of the 1078 funds after deduction of the payments required pursuant to 1079 subparagraphs 1. and 2.; and 1080 4. The Transportation Regional Incentive Program specified 1081 in s. 339.2819, in the amount of 25 percent of the funds after 1082 deduction of the payments required pursuant to subparagraphs 1. 1083 and 2. The first $60 million of the funds allocated pursuant to 1084 this subparagraph shall be allocated annually to the Florida 1085 Rail Enterprise for the purposes established in s. 341.303(5). 1086 (b) The lesser of 0.1456 percent of the remainder or $3.25 1087 million in each fiscal year shall be paid into the State 1088 Treasury to the credit of the Grants and Donations Trust Fund in 1089 the Department of Economic Opportunity to fund technical 1090 assistance to local governments. 1091 1092 Moneys distributed pursuant to paragraphs (a) and (b) may not be 1093 pledged for debt service unless such pledge is approved by 1094 referendum of the voters. 1095 (c) An amount equaling 4.5 percent of the remainder in each 1096 fiscal year shall be paid into the State Treasury to the credit 1097 of the State Housing Trust Fund. The funds shall be used as 1098 follows: 1099 1. Half of that amount shall be used for the purposes for 1100 which the State Housing Trust Fund was created and exists by 1101 law. 1102 2. Half of that amount shall be paid into the State Page 38 of 95 CODING: Words men are deletions; words underlined are additions. 377 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1103 Treasury to the credit of the Local Government Housing Trust 1104 Fund and used for the purposes for which the Local Government 1105 Housing Trust Fund was created and exists by law. 1106 (d) An amount equaling 5.20254 percent of the remainder in 1107 each fiscal year shall be paid into the State Treasury to the 1108 credit of the State Housing Trust Fund. Of such funds: 1109 1. Twelve and one-half percent of that amount shall be 1110 deposited into the State Housing Trust Fund and expended by the 1111 Department of Economic Opportunity and the Florida Housing 1112 Finance Corporation for the purposes for which the State Housing 1113 Trust Fund was created and exists by law. 1114 2. Eighty-seven and one-half percent of that amount shall 1115 be distributed to the Local Government Housing Trust Fund and 1116 used for the purposes for which the Local Government Housing 1117 Trust Fund was created and exists by law. Funds from this 1118 category may also be used to provide for state and local 1119 services to assist the homeless. 1120 (e) The lesser of 0.017 percent of the remainder or 1121 $300,000 in each fiscal year shall be paid into the State 1122 Treasury to the credit of the General Inspection Trust Fund to 1123 be used to fund oyster management and restoration programs as 1124 provided in s. 379.362(3). 1125 (f) A total of $75 million shall be paid into the State 1126 Treasury to the credit of the State Economic Enhancement and 1127 Development Trust Fund within the Department of Economic 1128 Opportunity. 1129 (g) An amount equaling 5.4175 percent of the remainder 1130 shall be paid into the Resilient Florida Trust Fund to be used 1131 for the purposes for which the Resilient Florida Trust Fund was Page 39 of 95 CODING: Words men are deletions; words underlined are additions. 378 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1132 created and exists by law. Funds may be used for planning and 1133 project grants. 1134 (h) An amount equaling 5.4175 percent of the remainder 1135 shall be paid into the Water Protection and Sustainability 1136 Program Trust Fund to be used to fund wastewater grants as 1137 specified in s. 403.0673. 1138 (5) Notwithstanding s. 215.32(2)(b)4.a., funds distributed 1139 to the State Housing Trust Fund and expended pursuant to s. 1140 420.50871 and funds distributed to the State Housing Trust Fund 1141 and the Local Government Housing Trust Fund pursuant to 1142 paragraphs (4) (c) and (d) may not be 1143 transferred to the General Revenue Fund in the General 1144 Appropriations Act. 1145 (6) After the distributions provided in the preceding 1146 subsections, any remaining taxes shall be paid into the State 1147 Treasury to the credit of the General Revenue Fund. 1148 Section 11. The amendments made by this act to s. 201.15, 1149 Florida Statutes, expire on July 1, 2033, and the text of that 1150 section shall revert to that in existence on June 30, 2023, 1151 except that any amendments to such text enacted other than by 1152 this act must be preserved and continue to operate to the extent 1153 that such amendments are not dependent upon the portions of the 1154 text which expire pursuant to this section. 1155 Section 12. Paragraph (p) of subsection (5) of section 1156 212.08, Florida Statutes, is amended, and paragraph (v) is added 1157 to that subsection, to read: 1158 212.08 Sales, rental, use, consumption, distribution, and 1159 storage tax; specified exemptions.—The sale at retail, the 1160 rental, the use, the consumption, the distribution, and the Page 40 of 95 CODING: Words men are deletions; words underlined are additions. 379 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1161 storage to be used or consumed in this state of the following 1162 are hereby specifically exempt from the tax imposed by this 1163 chapter. 1164 (5) EXEMPTIONS; ACCOUNT OF USE. - 1165 (p) Community contribution tax credit for donations. - 1166 1. Authorization.—Persons who are registered with the 1167 department under s. 212.18 to collect or remit sales or use tax 1168 and who make donations to eligible sponsors are eligible for tax 1169 credits against their state sales and use tax liabilities as 1170 provided in this paragraph: 1171 a. The credit shall be computed as 50 percent of the 1172 person's approved annual community contribution. 1173 b. The credit shall be granted as a refund against state 1174 sales and use taxes reported on returns and remitted in the 12 1175 months preceding the date of application to the department for 1176 the credit as required in sub -subparagraph 3.c. If the annual 1177 credit is not fully used through such refund because of 1178 insufficient tax payments during the applicable 12 -month period, 1179 the unused amount may be included in an application for a refund 1180 made pursuant to sub -subparagraph 3.c. in subsequent years 1181 against the total tax payments made for such year. Carryover 1182 credits may be applied for a 3 -year period without regard to any 1183 time limitation that would otherwise apply under s. 215.26. 1184 c. A person may not receive more than $200,000 in annual 1185 tax credits for all approved community contributions made in any 1186 one year. 1187 d. All proposals for the granting of the tax credit require 1188 the prior approval of the Department of Economic Opportunity. 1189 e. The total amount of tax credits which may be granted for Page 41 of 95 CODING: Words men are deletions; words underlined are additions. 380 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1190 all programs approved under this paragraph and ss. 220.183 and 1191 624.5105 is $25 $14.S million in the 2023-2024 2922 2923 fiscal 1192 year and in each fiscal year thereafter for projects that 1193 provide housing opportunities for persons with special needs or 1194 homeownership opportunities for low-income households or very - 1195 low-income households and $4.5 million in the 2022-2023 fiscal 1196 year and in each fiscal year thereafter for all other projects. 1197 As used in this paragraph, the term "person with special needs" 1198 has the same meaning as in s. 420.0004 and the terms "low-income 1199 person," "low-income household," "very -low-income person," and 1200 "very -low-income household" have the same meanings as in s. 1201 420.9071. 1202 f. A person who is eligible to receive the credit provided 1203 in this paragraph, s. 220.183, or s. 624.5105 may receive the 1204 credit only under one section of the person's choice. 1205 2. Eligibility requirements. - 1206 a. A community contribution by a person must be in the 1207 following form: 1208 (I) Cash or other liquid assets; 1209 (II) Real property, including 100 percent ownership of a 1210 real property holding company; 1211 (III) Goods or inventory; or 1212 (IV) Other physical resources identified by the Department 1213 of Economic Opportunity. 1214 1215 For purposes of this sub -subparagraph, the term "real property 1216 holding company" means a Florida entity, such as a Florida 1217 limited liability company, that is wholly owned by the person; 1218 is the sole owner of real property, as defined in s. Page 42 of 95 CODING: Words men are deletions; words underlined are additions. 381 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1219 192.001(12), located in this �e state; is disregarded as an 1220 entity for federal income tax purposes pursuant to 26 C.F.R. s. 1221 301.7701-3(b)(1)(ii); and at the time of contribution to an 1222 eligible sponsor, has no material assets other than the real 1223 property and any other property that qualifies as a community 1224 contribution. 1225 b. All community contributions must be reserved exclusively 1226 for use in a project. As used in this sub -subparagraph, the term 1227 "project" means activity undertaken by an eligible sponsor which 1228 is designed to construct, improve, or substantially rehabilitate 1229 housing that is affordable to low-income households or very -low - 1230 income households; designed to provide housing opportunities for 1231 persons with special needs; designed to provide commercial, 1232 industrial, or public resources and facilities; or designed to 1233 improve entrepreneurial and job -development opportunities for 1234 low-income persons. A project may be the investment necessary to 1235 increase access to high-speed broadband capability in a rural 1236 community that had an enterprise zone designated pursuant to 1237 chapter 290 as of May 1, 2015, including projects that result in 1238 improvements to communications assets that are owned by a 1239 business. A project may include the provision of museum 1240 educational programs and materials that are directly related to 1241 a project approved between January 1, 1996, and December 31, 1242 1999, and located in an area which was in an enterprise zone 1243 designated pursuant to s. 290.0065 as of May 1, 2015. This 1244 paragraph does not preclude projects that propose to construct 1245 or rehabilitate housing for low-income households or very -low - 1246 income households on scattered sites or housing opportunities 1247 for persons with special needs. With respect to housing, Page 43 of 95 CODING: Words men are deletions; words underlined are additions. 382 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1248 contributions may be used to pay the following eligible special 1249 needs, low-income, and very -low-income housing -related 1250 activities: 1251 (I) Project development impact and management fees for 1252 special needs, low-income, or very -low-income housing projects; 1253 (II) Down payment and closing costs for persons with 1254 special needs, low-income persons, and very -low-income persons; 1255 (III) Administrative costs, including housing counseling 1256 and marketing fees, not to exceed 10 percent of the community 1257 contribution, directly related to special needs, low-income, or 1258 very -low-income projects; and 1259 (IV) Removal of liens recorded against residential property 1260 by municipal, county, or special district local governments if 1261 satisfaction of the lien is a necessary precedent to the 1262 transfer of the property to a low-income person or very -low - 1263 income person for the purpose of promoting home ownership. 1264 Contributions for lien removal must be received from a 1265 nonrelated third party. 1266 c. The project must be undertaken by an "eligible sponsor," 1267 which includes: 1268 (I) A community action program; 1269 (II) A nonprofit community-based development organization 1270 whose mission is the provision of housing for persons with 1271 special needs, low-income households, or very -low-income 1272 households or increasing entrepreneurial and job -development 1273 opportunities for low-income persons; 1274 (III) A neighborhood housing services corporation; 1275 (IV) A local housing authority created under chapter 421; 1276 (V) A community redevelopment agency created under s. Page 44 of 95 CODING: Words men are deletions; words underlined are additions. 383 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1277 163.356; 1278 (VI) A historic preservation district agency or 1279 organization; 1280 (VII) A local workforce development board; 1281 (VIII) A direct -support organization as provided in s. 1282 1009.983; 1283 (IX) An enterprise zone development agency created under s. 1284 290.0056; 1285 (X) A community-based organization incorporated under 1286 chapter 617 which is recognized as educational, charitable, or 1287 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code 1288 and whose bylaws and articles of incorporation include 1289 affordable housing, economic development, or community 1290 development as the primary mission of the corporation; 1291 (XI) Units of local government; 1292 (XII) Units of state government; or 1293 (XIII) Any other agency that the Department of Economic 1294 Opportunity designates by rule. 1295 1296 A contributing person may not have a financial interest in the 1297 eligible sponsor. 1298 d. The project must be located in an area which was in an 1299 enterprise zone designated pursuant to chapter 290 as of May 1, 1300 2015, or a Front Porch Florida Community, unless the project 1301 increases access to high-speed broadband capability in a rural 1302 community that had an enterprise zone designated pursuant to 1303 chapter 290 as of May 1, 2015, but is physically located outside 1304 the designated rural zone boundaries. Any project designed to 1305 construct or rehabilitate housing for low-income households or Page 45 of 95 CODING: Words men are deletions; words underlined are additions. 384 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1306 very -low-income households or housing opportunities for persons 1307 with special needs is exempt from the area requirement of this 1308 sub -subparagraph. 1309 e.(I) If, during the first 10 business days of the state 1310 fiscal year, eligible tax credit applications for projects that 1311 provide housing opportunities for persons with special needs or 1312 homeownership opportunities for low-income households or very - 1313 low-income households are received for less than the annual tax 1314 credits available for those projects, the Department of Economic 1315 Opportunity shall grant tax credits for those applications and 1316 grant remaining tax credits on a first-come, first-served basis 1317 for subsequent eligible applications received before the end of 1318 the state fiscal year. If, during the first 10 business days of 1319 the state fiscal year, eligible tax credit applications for 1320 projects that provide housing opportunities for persons with 1321 special needs or homeownership opportunities for low-income 1322 households or very -low-income households are received for more 1323 than the annual tax credits available for those projects, the 1324 Department of Economic Opportunity shall grant the tax credits 1325 for those applications as follows: 1326 (A) If tax credit applications submitted for approved 1327 projects of an eligible sponsor do not exceed $200,000 in total, 1328 the credits shall be granted in full if the tax credit 1329 applications are approved. 1330 (B) If tax credit applications submitted for approved 1331 projects of an eligible sponsor exceed $200,000 in total, the 1332 amount of tax credits granted pursuant to sub -sub -sub - 1333 subparagraph (A) shall be subtracted from the amount of 1334 available tax credits, and the remaining credits shall be Page 46 of 95 CODING: Words men are deletions; words underlined are additions. 385 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1335 granted to each approved tax credit application on a pro rata 1336 basis. 1337 (II) If, during the first 10 business days of the state 1338 fiscal year, eligible tax credit applications for projects other 1339 than those that provide housing opportunities for persons with 1340 special needs or homeownership opportunities for low-income 1341 households or very -low-income households are received for less 1342 than the annual tax credits available for those projects, the 1343 Department of Economic Opportunity shall grant tax credits for 1344 those applications and shall grant remaining tax credits on a 1345 first-come, first-served basis for subsequent eligible 1346 applications received before the end of the state fiscal year. 1347 If, during the first 10 business days of the state fiscal year, 1348 eligible tax credit applications for projects other than those 1349 that provide housing opportunities for persons with special 1350 needs or homeownership opportunities for low-income households 1351 or very -low-income households are received for more than the 1352 annual tax credits available for those projects, the Department 1353 of Economic Opportunity shall grant the tax credits for those 1354 applications on a pro rata basis. 1355 3. Application requirements. - 1356 a. An eligible sponsor seeking to participate in this 1357 program must submit a proposal to the Department of Economic 1358 Opportunity which sets forth the name of the sponsor, a 1359 description of the project, and the area in which the project is 1360 located, together with such supporting information as is 1361 prescribed by rule. The proposal must also contain a resolution 1362 from the local governmental unit in which the project is located 1363 certifying that the project is consistent with local plans and Page 47 of 95 CODING: Words men are deletions; words underlined are additions. 386 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1364 regulations. 1365 b. A person seeking to participate in this program must 1366 submit an application for tax credit to the Department of 1367 Economic Opportunity which sets forth the name of the sponsor; a 1368 description of the project; and the type, value, and purpose of 1369 the contribution. The sponsor shall verify, in writing, the 1370 terms of the application and indicate its receipt of the 1371 contribution, and such verification must accompany the 1372 application for tax credit. The person must submit a separate 1373 tax credit application to the Department of Economic Opportunity 1374 for each individual contribution that it makes to each 1375 individual project. 1376 c. A person who has received notification from the 1377 Department of Economic Opportunity that a tax credit has been 1378 approved must apply to the department to receive the refund. 1379 Application must be made on the form prescribed for claiming 1380 refunds of sales and use taxes and be accompanied by a copy of 1381 the notification. A person may submit only one application for 1382 refund to the department within a 12 -month period. 1383 4. Administration. - 1384 a. The Department of Economic Opportunity may adopt rules 1385 necessary to administer this paragraph, including rules for the 1386 approval or disapproval of proposals by a person. 1387 b. The decision of the Department of Economic Opportunity 1388 must be in writing, and, if approved, the notification shall 1389 state the maximum credit allowable to the person. Upon approval, 1390 the Department of Economic Opportunity shall transmit a copy of 1391 the decision to the department. 1392 c. The Department of Economic Opportunity shall Page 48 of 95 CODING: Words men are deletions; words underlined are additions. 387 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1393 periodically monitor all projects in a manner consistent with 1394 available resources to ensure that resources are used in 1395 accordance with this paragraph; however, each project must be 1396 reviewed at least once every 2 years. 1397 d. The Department of Economic Opportunity shall, in 1398 consultation with the statewide and regional housing and 1399 financial intermediaries, market the availability of the 1400 community contribution tax credit program to community-based 1401 organizations. 1402 (v) Building materials used in construction of affordable 1403 housing units. - 1404 1. As used in this paragraph, the term: 1405 a. "Affordable housing development" means property that has 1406 units subject to an agreement with the Florida Housing Finance 1407 Corporation pursuant to chapter 420 recorded in the official 1408 records of the county in which the property is located to 1409 provide affordable housing to natural persons or families 1410 meeting the extremely -low-income, very -low-income, or low-income 1411 limits specified in s. 420.0004. 1412 b. "Building materials" means tangible personal property 1413 that becomes a component part of eligible residential units in 1414 an affordable housing development. The term includes appliances 1415 and does not include plants, landscaping, fencing, and 1416 hardscaping. 1417 c. "Eligible residential units" means newly constructed 1418 units within an affordable housing development which are 1419 restricted under the land use restriction agreement. 1420 d. "Newly constructed" means improvements to real property 1421 which did not previously exist or the construction of a new Page 49 of 95 CODING: Words men are deletions; words underlined are additions. 388 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er improvement where an old improvement was removed. The term does not include the renovation, restoration, rehabilitation, modification, alteration, or expansion of buildings already located on the parcel on which the eligible residential unit is L- , , +- e. "Real property" has the same meaning as provided in s. 192.001 (12) . f. "Substantially completed" has the same meaning as in s. 192.042 (1) . 2. Building materials used in eligible residential units are exempt from the tax imposed by this chapter if an owner demonstrates to the satisfaction of the department that the requirements of this paragraph have been met. Except as provided in subparagraph 3., this exemption inures to the owner at the time an eligible residential unit is substantially completed, but only through a refund of previously paid taxes. To receive a refund pursuant to this paragraph, the owner of the eligible residential units must file an application with the department. The application must include all of the following: a. The name and address of the person claiming the refund. b. An address and assessment roll parcel number of the real property that was improved for which a refund of previously paid taxes is being sought. c. A description of the eligible residential units for which a refund of previously paid taxes is being sought, including the number of such units. d. A copy of a valid building permit issued by the county or municipal building department for the eligible residential Page 50 of 95 CODING: Words men are deletions; words underlined are additions. 389 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1451 e. A sworn statement, under penalty of perjury, from the 1452 general contractor licensed in this state with whom the owner 1453 contracted to build the eligible residential units which 1454 specifies the building materials, the actual cost of the 1455 building materials, and the amount of sales tax paid in this 1456 state on the building materials, and which states that the 1457 improvement to the real property was newly constructed. If a 1458 general contractor was not used, the owner must make the sworn 1459 statement required by this sub -subparagraph. Copies of the 1460 invoices evidencing the actual cost of the building materials 1461 and the amount of sales tax paid on such building materials must 1462 be attached to the sworn statement provided by the general 1463 contractor or by the owner. If copies of such invoices are not 1464 attached, the cost of the building materials is deemed to be an 1465 amount equal to 40 percent of the increase in the final assessed 1466 value of the eligible residential units for ad valorem tax 1467 purposes less the most recent assessed value of land for the 1468 units. 1469 f. A certification by the local building code inspector 1470 that the eligible residential unit is substantially completed. 1471 g. A copy of the land use restriction agreement with the 1472 Florida Housing Finance Corporation for the eligible residential 1473 units. 1474 3. The exemption under this paragraph inures to a 1475 municipality, county, other governmental unit or agency, or 1476 nonprofit community-based organization through a refund of 1477 previously paid taxes if the building materials are paid for 1478 from the funds of a community development block grant, the State 1479 Housing Initiatives Partnership Program, or a similar grant or Page 51 of 95 CODING: Words men are deletions; words underlined are additions. 390 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1480 loan program. To receive a refund, a municipality, county, other 1481 governmental unit or agency, or nonprofit community-based 1482 organization must submit an application that includes the same 1483 information required under subparagraph 2. In addition, the 1484 applicant must include a sworn statement signed by the chief 1485 executive officer of the municipality, county, other 1486 governmental unit or agency, or nonprofit community-based 1487 organization seeking a refund which states that the building 1488 materials for which a refund is sought were funded by a 1489 community development block grant, the State Housing Initiatives 1490 Partnership Program, or a similar grant or loan program. 1491 4. The person seeking a refund must submit an application 1492 for refund to the department within 6 months after the eligible 1493 residential unit is deemed to be substantially completed by the 1494 local building code inspector or by November 1 after the 1495 improved property is first subject to assessment. 1496 5. Only one exemption through a refund of previously paid 1497 taxes may be claimed for any eligible residential unit. A refund 1498 may not be granted unless the amount to be refunded exceeds 1499 $500. A refund may not exceed the lesser of $5,000 or 97.5 1500 percent of the Florida sales or use tax paid on the cost of 1501 building materials as determined pursuant to sub -subparagraph 1502 2.e. The department shall issue a refund within 30 days after it 1503 formally approves a refund application. 1504 6. The department may adopt rules governing the manner and 1505 format of refund applications and may establish guidelines as to 1506 the requisites for an affirmative showing of qualification for 1507 exemption under this paragraph. 1508 7. This exemption under this paragraph applies to sales of Page 52 of 95 CODING: Words men are deletions; words underlined are additions. 391 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1509 building materials that occur on or after July 1, 2023. 1510 Section 13. Subsection (24) is added to section 213.053, 1511 Florida Statutes, to read: 1512 213.053 Confidentiality and information sharing. - 1513 (24) The department may make available to the Florida 1514 Housing Finance Corporation, exclusively for official purposes, 1515 information for the purpose of administering the Live Local 1516 Program pursuant to s. 420.50872. 1517 Section 14. Section 215.212, Florida Statutes, is created 1518 to read: 1519 215.212 Service charge elimination. - 1520 (1) Notwithstanding s. 215.20(1), the service charge 1521 provided in s. 215.20(1) may not be deducted from the proceeds 1522 of the taxes distributed under s. 201.15. 1523 (2) This section is repealed July 1, 2033. 1524 Section 15. Paragraph (i) of subsection (1) of section 1525 215.22, Florida Statutes, is amended to read: 1526 215.22 Certain income and certain trust funds exempt. - 1527 (1) The following income of a revenue nature or the 1528 following trust funds shall be exempt from the appropriation 1529 required by s. 215.20(1): 1530 (i) Bond proceeds or revenues dedicated for bond repayment,— 1531 1532 1533 Section 16. The amendment made by this act to s. 215.22, 1534 Florida Statutes, expires on July 1, 2033, and the text of that 1535 section shall revert to that in existence on June 30, 2023, 1536 except that any amendments to such text enacted other than by 1537 this act must be preserved and continue to operate to the extent Page 53 of 95 CODING: Words men are deletions; words underlined are additions. 392 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1538 that such amendments are not dependent upon the portions of the 1539 text which expire pursuant to this section. 1540 Section 17. Subsection (8) of section 220.02, Florida 1541 Statutes, is amended to read: 1542 220.02 Legislative intent. - 1543 (8) It is the intent of the Legislature that credits 1544 against either the corporate income tax or the franchise tax be 1545 applied in the following order: those enumerated in s. 631.828, 1546 those enumerated in s. 220.191, those enumerated in s. 220.181, 1547 those enumerated in s. 220.183, those enumerated in s. 220.182, 1548 those enumerated in s. 220.1895, those enumerated in s. 220.195, 1549 those enumerated in s. 220.184, those enumerated in s. 220.186, 1550 those enumerated in s. 220.1845, those enumerated in s. 220.19, 1551 those enumerated in s. 220.185, those enumerated in s. 220.1875, 1552 those enumerated in s. 220.1876, those enumerated in s. 1553 220.1877, those enumerated in s. 220.1878, those enumerated in 1554 s. 220.193, those enumerated in s. 288.9916, those enumerated in 1555 s. 220.1899, those enumerated in s. 220.194, those enumerated in 1556 s. 220.196, those enumerated in s. 220.198, and those enumerated 1557 in s. 220.1915. 1558 Section 18. Paragraph (a) of subsection (1) of section 1559 220.13, Florida Statutes, is amended to read: 1560 220.13 "Adjusted federal income" defined. - 1561 (1) The term "adjusted federal income" means an amount 1562 equal to the taxpayer's taxable income as defined in subsection 1563 (2), or such taxable income of more than one taxpayer as 1564 provided in s. 220.131, for the taxable year, adjusted as 1565 follows: 1566 (a) Additions.—There shall be added to such taxable income: Page 54 of 95 CODING: Words men are deletions; words underlined are additions. 393 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1567 1.a. The amount of any tax upon or measured by income, 1568 excluding taxes based on gross receipts or revenues, paid or 1569 accrued as a liability to the District of Columbia or any state 1570 of the United States which is deductible from gross income in 1571 the computation of taxable income for the taxable year. 1572 b. Notwithstanding sub -subparagraph a., if a credit taken 1573 under s. 220.1875, s. 220.1876, e s. 220.1877, or s. 220.1878 1574 is added to taxable income in a previous taxable year under 1575 subparagraph 11. and is taken as a deduction for federal tax 1576 purposes in the current taxable year, the amount of the 1577 deduction allowed shall not be added to taxable income in the 1578 current year. The exception in this sub -subparagraph is intended 1579 to ensure that the credit under s. 220.1875, s. 220.1876, e- s. 1580 220.1877, or s. 220.1878 is added in the applicable taxable year 1581 and does not result in a duplicate addition in a subsequent 1582 year. 1583 2. The amount of interest which is excluded from taxable 1584 income under s. 103(a) of the Internal Revenue Code or any other 1585 federal law, less the associated expenses disallowed in the 1586 computation of taxable income under s. 265 of the Internal 1587 Revenue Code or any other law, excluding 60 percent of any 1588 amounts included in alternative minimum taxable income, as 1589 defined in s. 55(b)(2) of the Internal Revenue Code, if the 1590 taxpayer pays tax under s. 220.11(3). 1591 3. In the case of a regulated investment company or real 1592 estate investment trust, an amount equal to the excess of the 1593 net long-term capital gain for the taxable year over the amount 1594 of the capital gain dividends attributable to the taxable year. 1595 4. That portion of the wages or salaries paid or incurred Page 55 of 95 CODING: Words men are deletions; words underlined are additions. 394 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1596 for the taxable year which is equal to the amount of the credit 1597 allowable for the taxable year under s. 220.181. This 1598 subparagraph shall expire on the date specified in s. 290.016 1599 for the expiration of the Florida Enterprise Zone Act. 1600 5. That portion of the ad valorem school taxes paid or 1601 incurred for the taxable year which is equal to the amount of 1602 the credit allowable for the taxable year under s. 220.182. This 1603 subparagraph shall expire on the date specified in s. 290.016 1604 for the expiration of the Florida Enterprise Zone Act. 1605 6. The amount taken as a credit under s. 220.195 which is 1606 deductible from gross income in the computation of taxable 1607 income for the taxable year. 1608 7. That portion of assessments to fund a guaranty 1609 association incurred for the taxable year which is equal to the 1610 amount of the credit allowable for the taxable year. 1611 8. In the case of a nonprofit corporation which holds a 1612 pari-mutuel permit and which is exempt from federal income tax 1613 as a farmers' cooperative, an amount equal to the excess of the 1614 gross income attributable to the pari-mutuel operations over the 1615 attributable expenses for the taxable year. 1616 9. The amount taken as a credit for the taxable year under 1617 s. 220.1895. 1618 10. Up to nine percent of the eligible basis of any 1619 designated project which is equal to the credit allowable for 1620 the taxable year under s. 220.185. 1621 11. Any amount taken as a credit for the taxable year under 1622 s. 220.1875, s. 220.1876, e -r- s. 220.1877, or s. 220.1878. The 1623 addition in this subparagraph is intended to ensure that the 1624 same amount is not allowed for the tax purposes of this state as Page 56 of 95 CODING: Words men are deletions; words underlined are additions. 395 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1625 both a deduction from income and a credit against the tax. This 1626 addition is not intended to result in adding the same expense 1627 back to income more than once. 1628 12. The amount taken as a credit for the taxable year under 1629 s. 220.193. 1630 13. Any portion of a qualified investment, as defined in s. 1631 288.9913, which is claimed as a deduction by the taxpayer and 1632 taken as a credit against income tax pursuant to s. 288.9916. 1633 14. The costs to acquire a tax credit pursuant to s. 1634 288.1254(5) that are deducted from or otherwise reduce federal 1635 taxable income for the taxable year. 1636 15. The amount taken as a credit for the taxable year 1637 pursuant to s. 220.194. 1638 16. The amount taken as a credit for the taxable year under 1639 s. 220.196. The addition in this subparagraph is intended to 1640 ensure that the same amount is not allowed for the tax purposes 1641 of this state as both a deduction from income and a credit 1642 against the tax. The addition is not intended to result in 1643 adding the same expense back to income more than once. 1644 17. The amount taken as a credit for the taxable year 1645 pursuant to s. 220.198. 1646 18. The amount taken as a credit for the taxable year 1647 pursuant to s. 220.1915. 1648 Section 19. Paragraph (c) of subsection (1) of section 1649 220.183, Florida Statutes, is amended to read: 1650 220.183 Community contribution tax credit. - 1651 (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX 1652 CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM 1653 SPENDING.— Page 57 of 95 CODING: Words men are deletions; words underlined are additions. 396 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1654 (c) The total amount of tax credit which may be granted for 1655 all programs approved under this section and ss. 212.08(5)(p) 1656 and 624.5105 is $25 $14.5 million in the 2023-2024 2022 2023- 1657 fiscal year and in each fiscal year thereafter for projects that 1658 provide housing opportunities for persons with special needs as 1659 defined in s. 420.0004 and homeownership opportunities for low - 1660 income households or very -low-income households as defined in s. 1661 420.9071 and $4.5 million in the 2022-2023 fiscal year and in 1662 each fiscal year thereafter for all other projects. 1663 Section 20. Subsection (2) of section 220.186, Florida 1664 Statutes, is amended to read: 1665 220.186 Credit for Florida alternative minimum tax. - 1666 (2) The credit pursuant to this section shall be the amount 1667 of the excess, if any, of the tax paid based upon taxable income 1668 determined pursuant to s. 220.13(2)(k) over the amount of tax 1669 which would have been due based upon taxable income without 1670 application of s. 220.13(2)(k), before application of this 1671 credit without application of any credit under s. 220.1875, s. 1672 220.1876, e� s. 220.1877, or s. 220.1878. 1673 Section 21. Section 220.1878, Florida Statutes, is created 1674 to read: 1675 220.1878 Credit for contributions to the Live Local 1676 Program. - 1677 (1) For taxable years beginning on or after January 1, 1678 2023, there is allowed a credit of 100 percent of an eligible 1679 contribution made to the Live Local Program under s. 420.50872 1680 against any tax due for a taxable year under this chapter after 1681 the application of any other allowable credits by the taxpayer. 1682 An eligible contribution must be made to the Live Local Program Page 58 of 95 CODING: Words men are deletions; words underlined are additions. 397 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 1703 1704 1705 1706 1707 1708 1709 1710 1711 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er on or before the date the taxpayer is required to file a return pursuant to s. 220.222. The credit granted by this section must be reduced by the difference between the amount of federal corporate income tax, taking into account the credit granted by this section, and the amount of federal corporate income tax without application of the credit granted by this section. (2) A taxpayer who files a Florida consolidated return as a member of an affiliated group pursuant to s. 220.131(1) may be allowed the credit on a consolidated return basis; however, the total credit taken by the affiliated group is subject to the limitation established under subsection (1). (3) Section 420.50872 applies to the credit authorized by this section. (4) If a taxpayer applies and is approved for a credit under s. 420.50872 after timely requesting an extension to file under s. 220.222(2): (a) The credit does not reduce the amount of tax due for purposes of the department's determination as to whether the taxpayer was in compliance with the requirement to pay tentative taxes under ss. 220.222 and 220.32. (b) The taxpayer's noncompliance with the requirement to pay tentative taxes shall result in the revocation and rescindment of any such credit. (c) The taxpayer shall be assessed for any taxes, penalties, or interest due from the taxpayer's noncompliance with the requirement to pay tentative taxes. Section 22. Paragraph (c) of subsection (2) of section 220.222, Florida Statutes, is amended to read: 220.222 Returns; time and place for filing.— Page 59 of 95 CODING: Words men are deletions; words underlined are additions. 398 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1712 (2) 1713 (c)1. For purposes of this subsection, a taxpayer is not in 1714 compliance with s. 220.32 if the taxpayer underpays the required 1715 payment by more than the greater of $2,000 or 30 percent of the 1716 tax shown on the return when filed. 1717 2. For the purpose of determining compliance with s. 220.32 1718 as referenced in subparagraph 1., the tax shown on the return 1719 when filed must include the amount of the allowable credits 1720 taken on the return pursuant to s. 220.1878. 1721 Section 23. Subsection (5) of section 253.034, Florida 1722 Statutes, is amended to read: 1723 253.034 State-owned lands; uses. - 1724 (5) Each manager of conservation lands shall submit to the 1725 Division of State Lands a land management plan at least every 10 1726 years in a form and manner adopted by rule of the board of 1727 trustees and in accordance with s. 259.032. Each manager of 1728 conservation lands shall also update a land management plan 1729 whenever the manager proposes to add new facilities or make 1730 substantive land use or management changes that were not 1731 addressed in the approved plan, or within 1 year after the 1732 addition of significant new lands. Each manager of 1733 nonconservation lands shall submit to the Division of State 1734 Lands a land use plan at least every 10 years in a form and 1735 manner adopted by rule of the board of trustees. The division 1736 shall review each plan for compliance with the requirements of 1737 this subsection and the requirements of the rules adopted by the 1738 board of trustees pursuant to this section. All nonconservation 1739 land use plans, whether for single -use or multiple -use 1740 properties, shall be managed to provide the greatest benefit to Page 60 of 95 CODING: Words men are deletions; words underlined are additions. 399 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1741 the state. Plans for managed areas larger than 1,000 acres shall 1742 contain an analysis of the multiple -use potential of the 1743 property which includes the potential of the property to 1744 generate revenues to enhance the management of the property. In 1745 addition, the plan shall contain an analysis of the potential 1746 use of private land managers to facilitate the restoration or 1747 management of these lands and whether nonconservation lands 1748 would be more appropriately transferred to the county or 1749 municipality in which the land is located for the purpose of 1750 providing affordable multifamily rental housing that meets the 1751 criteria of s. 420.0004(3). If a newly acquired property has a 1752 valid conservation plan that was developed by a soil and 1753 conservation district, such plan shall be used to guide 1754 management of the property until a formal land use plan is 1755 completed. 1756 (a) State conservation lands shall be managed to ensure the 1757 conservation of this state's plant and animal species and to 1758 ensure the accessibility of state lands for the benefit and 1759 enjoyment of all people of this -t-� state, both present and 1760 future. Each land management plan for state conservation lands 1761 shall provide a desired outcome, describe both short-term and 1762 long-term management goals, and include measurable objectives to 1763 achieve those goals. Short-term goals shall be achievable within 1764 a 2 -year planning period, and long-term goals shall be 1765 achievable within a 10 -year planning period. These short-term 1766 and long-term management goals shall be the basis for all 1767 subsequent land management activities. 1768 (b) Short-term and long-term management goals for state 1769 conservation lands shall include measurable objectives for the Page 61 of 95 CODING: Words men are deletions; words underlined are additions. 400 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1770 following, as appropriate: 1771 1. Habitat restoration and improvement. 1772 2. Public access and recreational opportunities. 1773 3. Hydrological preservation and restoration. 1774 4. Sustainable forest management. 1775 5. Exotic and invasive species maintenance and control. 1776 6. Capital facilities and infrastructure. 1777 7. Cultural and historical resources. 1778 8. Imperiled species habitat maintenance, enhancement, 1779 restoration, or population restoration. 1780 (c) The land management plan shall, at a minimum, contain 1781 the following elements: 1782 1. A physical description of the land. 1783 2. A quantitative data description of the land which 1784 includes an inventory of forest and other natural resources; 1785 exotic and invasive plants; hydrological features; 1786 infrastructure, including recreational facilities; and other 1787 significant land, cultural, or historical features. The 1788 inventory shall reflect the number of acres for each resource 1789 and feature, when appropriate. The inventory shall be of such 1790 detail that objective measures and benchmarks can be established 1791 for each tract of land and monitored during the lifetime of the 1792 plan. All quantitative data collected shall be aggregated, 1793 standardized, collected, and presented in an electronic format 1794 to allow for uniform management reporting and analysis. The 1795 information collected by the Department of Environmental 1796 Protection pursuant to s. 253.0325(2) shall be available to the 1797 land manager and his or her assignee. 1798 3. A detailed description of each short-term and long-term Page 62 of 95 CODING: Words men are deletions; words underlined are additions. 401 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1799 land management goal, the associated measurable objectives, and 1800 the related activities that are to be performed to meet the land 1801 management objectives. Each land management objective must be 1802 addressed by the land management plan, and if practicable, a 1803 land management objective may not be performed to the detriment 1804 of the other land management objectives. 1805 4. A schedule of land management activities which contains 1806 short-term and long-term land management goals and the related 1807 measurable objective and activities. The schedule shall include 1808 for each activity a timeline for completion, quantitative 1809 measures, and detailed expense and manpower budgets. The 1810 schedule shall provide a management tool that facilitates 1811 development of performance measures. 1812 5. A summary budget for the scheduled land management 1813 activities of the land management plan. For state lands 1814 containing or anticipated to contain imperiled species habitat, 1815 the summary budget shall include any fees anticipated from 1816 public or private entities for projects to offset adverse 1817 impacts to imperiled species or such habitat, which fees shall 1818 be used solely to restore, manage, enhance, repopulate, or 1819 acquire imperiled species habitat. The summary budget shall be 1820 prepared in such manner that it facilitates computing an 1821 aggregate of land management costs for all state -managed lands 1822 using the categories described in s. 259.037(3). 1823 (d) Upon completion, the land management plan must be 1824 transmitted to the Acquisition and Restoration Council for 1825 review. The council shall have 90 days after receipt of the plan 1826 to review the plan and submit its recommendations to the board 1827 of trustees. During the review period, the land management plan Page 63 of 95 CODING: Words men are deletions; words underlined are additions. 402 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1828 may be revised if agreed to by the primary land manager and the 1829 council taking into consideration public input. The land 1830 management plan becomes effective upon approval by the board of 1831 trustees. 1832 (e) Land management plans are to be updated every 10 years 1833 on a rotating basis. Each updated land management plan must 1834 identify any conservation lands under the plan, in part or in 1835 whole, that are no longer needed for conservation purposes and 1836 could be disposed of in fee simple or with the state retaining a 1837 permanent conservation easement. 1838 (f) In developing land management plans, at least one 1839 public hearing shall be held in any one affected county. 1840 (g) The Division of State Lands shall make available to the 1841 public an electronic copy of each land management plan for 1842 parcels that exceed 160 acres in size. The division shall review 1843 each plan for compliance with the requirements of this 1844 subsection, the requirements of chapter 259, and the 1845 requirements of the rules adopted by the board of trustees 1846 pursuant to this section. The Acquisition and Restoration 1847 Council shall also consider the propriety of the recommendations 1848 of the managing entity with regard to the future use of the 1849 property, the protection of fragile or nonrenewable resources, 1850 the potential for alternative or multiple uses not recognized by 1851 the managing entity, and the possibility of disposal of the 1852 property by the board of trustees. After its review, the council 1853 shall submit the plan, along with its recommendations and 1854 comments, to the board of trustees. The council shall 1855 specifically recommend to the board of trustees whether to 1856 approve the plan as submitted, approve the plan with Page 64 of 95 CODING: Words men are deletions; words underlined are additions. 403 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1857 modifications, or reject the plan. If the council fails to make 1858 a recommendation for a land management plan, the Secretary of 1859 Environmental Protection, Commissioner of Agriculture, or 1860 executive director of the Fish and Wildlife Conservation 1861 Commission or their designees shall submit the land management 1862 plan to the board of trustees. 1863 (h) The board of trustees shall consider the land 1864 management plan submitted by each entity and the recommendations 1865 of the Acquisition and Restoration Council and the Division of 1866 State Lands and shall approve the plan with or without 1867 modification or reject such plan. The use or possession of any 1868 such lands that is not in accordance with an approved land 1869 management plan is subject to termination by the board of 1870 trustees. 1871 (i)l. State nonconservation lands shall be managed to 1872 provide the greatest benefit to the state. State nonconservation 1873 lands may be grouped by similar land use types under one land 1874 use plan. Each land use plan shall, at a minimum, contain the 1875 following elements: 1876 a. A physical description of the land to include any 1877 significant natural or cultural resources as well as management 1878 strategies developed by the land manager to protect such 1879 resources. 1880 b. A desired development outcome. 1881 c. A schedule for achieving the desired development 1882 outcome. 1883 d. A description of both short-term and long-term 1884 development goals. 1885 e. A management and control plan for invasive nonnative Page 65 of 95 CODING: Words men are deletions; words underlined are additions. 404 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1886 plants. 1887 f. A management and control plan for soil erosion and soil 1888 and water contamination. 1889 g. Measureable objectives to achieve the goals identified 1890 in the land use plan. 1891 2. Short-term goals shall be achievable within a 5 -year 1892 planning period and long-term goals shall be achievable within a 1893 10 -year planning period. 1894 3. The use or possession of any such lands that is not in 1895 accordance with an approved land use plan is subject to 1896 termination by the board of trustees. 1897 4. Land use plans submitted by a manager shall include 1898 reference to appropriate statutory authority for such use or 1899 uses and shall conform to the appropriate policies and 1900 guidelines of the state land management plan. 1901 Section 24. Subsection (1) of section 253.0341, Florida 1902 Statutes, is amended to read: 1903 253.0341 Surplus of state-owned lands. - 1904 (1) The board of trustees shall determine which lands, the 1905 title to which is vested in the board, may be surplused. For all 1906 conservation lands, the Acquisition and Restoration Council 1907 shall make a recommendation to the board of trustees, and the 1908 board of trustees shall determine whether the lands are no 1909 longer needed for conservation purposes. If the board of 1910 trustees determines the lands are no longer needed for 1911 conservation purposes, it may dispose of such lands by an 1912 affirmative vote of at least three members. In the case of a 1913 land exchange involving the disposition of conservation lands, 1914 the board of trustees must determine by an affirmative vote of Page 66 of 95 CODING: Words men are deletions; words underlined are additions. 405 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1915 at least three members that the exchange will result in a net 1916 positive conservation benefit. For all nonconservation lands, 1917 the board of trustees shall determine whether the lands are no 1918 longer needed. If the board of trustees determines the lands are 1919 no longer needed, it may dispose of such lands by an affirmative 1920 vote of at least three members. Local government requests for 1921 the state to surplus conservation or nonconservation lands, 1922 whether for purchase, s -r exchange, or any other means of 1923 transfer, must s1:,a4:4: be expedited throughout the surplusing 1924 process. Property jointly acquired by the state and other 1925 entities may not be surplused without the consent of all joint 1926 owners. 1927 Section 25. Subsection (2) of section 288.101, Florida 1928 Statutes, is amended to read: 1929 288.101 Florida Job Growth Grant Fund. - 1930 (2) The department and Enterprise Florida, Inc., may 1931 identify projects, solicit proposals, and make funding 1932 recommendations to the Governor, who is authorized to approve: 1933 (a) State or local public infrastructure projects to 1934 promote: 1935 1. Economic recovery in specific regions of this ire 1936 state;7- 1937 2. Economic diversification;,— or 1938 3. Economic enhancement in a targeted industry. 1939 (b) State or local public infrastructure projects to 1940 facilitate the development or construction of affordable 1941 housing. This paragraph is repealed July 1, 2033. 1942 (c) Infrastructure funding to accelerate the rehabilitation 1943 of the Herbert Hoover Dike. The department or the South Florida Page 67 of 95 CODING: Words men are deletions; words underlined are additions. 406 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1944 Water Management District may enter into agreements, as 1945 necessary, with the United States Army Corps of Engineers to 1946 implement this paragraph. 1947 (d)+e* Workforce training grants to support programs at 1948 state colleges and state technical centers that provide 1949 participants with transferable, sustainable workforce skills 1950 applicable to more than a single employer, and for equipment 1951 associated with these programs. The department shall work with 1952 CareerSource Florida, Inc., to ensure programs are offered to 1953 the public based on criteria established by the state college or 1954 state technical center and do not exclude applicants who are 1955 unemployed or underemployed. 1956 Section 26. Section 420.0003, Florida Statutes, is amended 1957 to read: 1958 (Substantial rewording of section. See 1959 s. 420.0003, F.S., for present text.) 1960 420.0003 State housing strategy. - 1961 (1) LEGISLATIVE INTENT.—It is the intent of this act to 1962 articulate a state housing strategy that will carry the state 1963 toward the goal of ensuring that each Floridian has safe, 1964 decent, and affordable housing. This strategy must involve state 1965 and local governments working in partnership with communities 1966 and the private sector and must involve financial, as well as 1967 regulatory, commitment to accomplish this goal. 1968 (2) POLICIES. - 1969 (a) Housing production and rehabilitation programs. - 1970 Programs to encourage housing production or rehabilitation must 1971 be guided by the following general policies, as appropriate for 1972 the purpose of the specific program: Page 68 of 95 CODING: Words men are deletions; words underlined are additions. 407 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 1973 1. State and local governments shall provide incentives to 1974 encourage the private sector to be the primary delivery vehicle 1975 for the development of affordable housing. When possible, state 1976 funds should be heavily leveraged to achieve the maximum 1977 federal, local, and private commitment of funds and be used to 1978 ensure long-term affordability. To the maximum extent possible, 1979 state funds should be expended to create new housing stock and 1980 be used for repayable loans rather than grants. Local incentives 1981 to stimulate private sector development of affordable housing 1982 may include establishment of density bonus incentives. 1983 2. State and local governments should consider and 1984 implement innovative solutions to housing issues where 1985 appropriate. Innovative solutions include, but are not limited 1986 to: 1987 a. Utilizing publicly held land to develop affordable 1988 housing through state or local land purchases, long-term land 1989 leasing, and school district affordable housing programs. To the 1990 maximum extent possible, state-owned lands that are appropriate 1991 for the development of affordable housing must be made available 1992 for that purpose. 1993 b. Community -led planning that focuses on urban infill, 1994 flexible zoning, redevelopment of commercial property into 1995 mixed-use property, resiliency, and furthering development in 1996 areas with preexisting public services, such as wastewater, 1997 transit, and schools. 1998 c. Project features that maximize efficiency in land and 1999 resource use, such as high density, high rise, and mixed use. 2000 d. Mixed -income projects that facilitate more diverse and 2001 successful communities. Page 69 of 95 CODING: Words men are deletions; words underlined are additions. 408 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2002 e. Modern housing concepts such as manufactured homes, tiny 2003 homes, 3D -printed homes, and accessory dwelling units. 2004 3. State funds should be available only to local 2005 governments that provide incentives or financial assistance for 2006 housing. State funding for housing should not be made available 2007 to local governments whose comprehensive plans have been found 2008 not in compliance with chapter 163 and who have not entered into 2009 a stipulated settlement agreement with the department to bring 2010 the plans into compliance. State funds should be made available 2011 only for projects consistent with the local government's 2012 comprehensive plan. 2013 4. Local governments are encouraged to enter into 2014 interlocal agreements, as appropriate, to coordinate strategies 2015 and maximize the use of state and local funds. 2016 5. State -funded development should emphasize use of 2017 developed land, urban infill, and the transformation of existing 2018 infrastructure in order to minimize sprawl, separation of 2019 housing from employment, and effects of increased housing on 2020 ecological preservation areas. Housing available to the state's 2021 workforce should prioritize proximity to employment and 2022 services. 2023 (b) Public-private partnerships.—Cost-effective public - 2024 private partnerships must emphasize production and preservation 2025 of affordable housing. 2026 1. Data must be developed and maintained on the affordable 2027 housing activities of local governments, community-based 2028 organizations, and private developers. 2029 2. The state shall assist local governments and community - 2030 based organizations by providing training and technical Page 70 of 95 CODING: Words men are deletions; words underlined are additions. 409 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2031 assistance. 2032 3. In coordination with local activities and with federal 2033 initiatives, the state shall provide incentives for public 2034 sector and private sector development of affordable housing. 2035 (c) Preservation of housing stock.—The existing stock of 2036 affordable housing must be preserved and improved through 2037 rehabilitation programs and expanded neighborhood revitalization 2038 efforts to promote suitable living environments for individuals 2039 and families. 2040 (d) Unique housing needs.—The wide range of need for safe, 2041 decent, and affordable housing must be addressed, with an 2042 emphasis on assisting the neediest persons. 2043 1. State housing programs must promote the self-sufficiency 2044 and economic dignity of the people of this state, including 2045 elderly persons and persons with disabilities. 2046 2. The housing requirements of special needs populations 2047 must be addressed through programs that promote a range of 2048 housing options bolstering integration with the community. 2049 3. All housing initiatives and programs must be 2050 nondiscriminatory. 2051 4. The geographic distribution of resources must provide 2052 for the development of housing in rural and urban areas. 2053 5. The important contribution of public housing to the 2054 well-being of citizens in need shall be acknowledged through 2055 efforts to continue and bolster existing programs. State and 2056 local government funds allocated to enhance public housing must 2057 be used to supplement, not supplant, federal support. 2058 (3) IMPLEMENTATION.—The state, in carrying out the strategy 2059 articulated in this section, shall have the following duties: Page 71 of 95 CODING: Words men are deletions; words underlined are additions. 410 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2060 (a) State fiscal resources must be directed to achieve the 2061 following programmatic objectives: 2062 1. Effective technical assistance and capacity -building 2063 programs must be established at the state and local levels. 2064 2. The Shimberg Center for Housing Studies at the 2065 University of Florida shall develop and maintain statewide data 2066 on housing needs and production, provide technical assistance 2067 relating to real estate development and finance, operate an 2068 information clearinghouse on housing programs, and coordinate 2069 state housing initiatives with local government and federal 2070 programs. 2071 3. The corporation shall maintain a consumer -focused 2072 website for connecting tenants with affordable housing. 2073 (b) The long-range program plan of the department must 2074 include specific goals, objectives, and strategies that 2075 implement the housing policies in this section. 2076 (c) The Shimberg Center for Housing Studies at the 2077 University of Florida, in consultation with the department and 2078 the corporation, shall perform functions related to the research 2079 and planning for affordable housing. Functions must include 2080 quantifying affordable housing needs, documenting results of 2081 programs administered, and inventorying the supply of affordable 2082 housing units made available in this state. The recommendations 2083 required in this section and a report of any programmatic 2084 modifications made as a result of these policies must be 2085 included in the housing report required by s. 420.6075. The 2086 report must identify the needs of specific populations, 2087 including, but not limited to, elderly persons, persons with 2088 disabilities, and persons with special needs, and may recommend Page 72 of 95 CODING: Wordsn are deletions; words underlined are additions. 411 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2089 statutory modifications when appropriate. 2090 (d) The Office of Program Policy Analysis and Government 2091 Accountability (OPPAGA) shall evaluate affordable housing issues 2092 pursuant to the schedule set forth in this paragraph. OPPAGA may 2093 coordinate with and rely upon the expertise and research 2094 activities of the Shimberg Center for Housing Studies in 2095 conducting the evaluations. The analysis may include relevant 2096 reports prepared by the Shimberg Center for Housing Studies, the 2097 department, the corporation, and the provider of the Affordable 2098 Housing Catalyst Program; interviews with the agencies, 2099 providers, offices, developers, and other organizations related 2100 to the development and provision of affordable housing at the 2101 state and local levels; and any other relevant data. When 2102 appropriate, each report must recommend policy and statutory 2103 modifications for consideration by the Legislature. Each report 2104 must be submitted to the President of the Senate and the Speaker 2105 of the House of Representatives pursuant to the schedule. OPPAGA 2106 shall review and evaluate: 2107 1. By December 15, 2023, and every 5 years thereafter, 2108 innovative affordable housing strategies implemented by other 2109 states, their effectiveness, and their potential for 2110 implementation in this state. 2111 2. By December 15, 2024, and every 5 years thereafter, 2112 affordable housing policies enacted by local governments, their 2113 effectiveness, and which policies constitute best practices for 2114 replication across this state. The report must include a review 2115 and evaluation of the extent to which interlocal cooperation is 2116 used, effective, or hampered. 2117 3. By December 15, 2025, and every 5 years thereafter, Page 73 of 95 CODING: Wordsn are deletions; words underlined are additions. 412 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2118 existing state -level housing rehabilitation, production, 2119 preservation, and finance programs to determine their 2120 consistency with relevant policies in this section and 2121 effectiveness in providing affordable housing. The report must 2122 also include an evaluation of the degree of coordination between 2123 housing programs of this state, and between state, federal, and 2124 local housing activities, and shall recommend improved program 2125 linkages when appropriate. 2126 (e) The department and the corporation should conform the 2127 administrative rules for each housing program to the policies 2128 stated in this section, provided that such changes in the rules 2129 are consistent with the statutory intent or requirements for the 2130 program. This authority applies only to programs offering loans, 2131 grants, or tax credits and only to the extent that state 2132 policies are consistent with applicable federal requirements. 2133 Section 27. Subsection (36) of section 420.503, Florida 2134 Statutes, is amended to read: 2135 420.503 Definitions.—As used in this part, the term: 2136 (36) "Qualified contract" has the same meaning as in 26 2137 U.S.C. s. 42(h)(6)(F) in effect on the date of the preliminary 2138 determination certificate for the low-income housing tax credits 2139 for the development that is the subject of the qualified 2140 contract request, unless the Internal Revenue Code requires a 2141 different statute or regulation to apply to the development. The 2142 corporation shall deem a bona fide contract to be a qualified 2143 contract at the time the bona fide contract is presented to the 2144 owner and the initial seee 4earnest-ffteneydeposit is deposited 2145 in escrow in accordance with the terms of the bona fide 2146 contract, and, in such event, the corporation is deemed to have Page 74 of 95 CODING: Words men are deletions; words underlined are additions. 413 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2147 fulfilled its responsibility to present the owner with a 2148 qualified contract. 2149 Section 28. Subsection (3) and paragraph (a) of subsection 2150 (4) of section 420.504, Florida Statutes, are amended to read: 2151 420.504 Public corporation; creation, membership, terms, 2152 expenses. - 2153 (3) The corporation is a separate budget entity and is not 2154 subject to control, supervision, or direction by the department 2155 in any manner, including, but not 2156 limited to, personnel, purchasing, transactions involving real 2157 or personal property, and budgetary matters. The corporation 2158 shall consist of a board of directors composed of the Secretary 2159 of Economic Opportunity as an ex officio and voting member, or a 2160 senior -level agency employee designated by the secretary, one 2161 member appointed by the President of the Senate, one member 2162 appointed by the Speaker of the House of Representatives, and 2163 eight members appointed by the Governor subject to confirmation 2164 by the Senate from the following: 2165 (a) One citizen actively engaged in the residential home 2166 building industry. 2167 (b) One citizen actively engaged in the banking or mortgage 2168 banking industry. 2169 (c) One citizen who is a representative of those areas of 2170 labor engaged in home building. 2171 (d) One citizen with experience in housing development who 2172 is an advocate for low-income persons. 2173 (e) One citizen actively engaged in the commercial building 2174 industry. 2175 (f) One citizen who is a former local government elected Page 75 of 95 CODING: Wordsn are deletions; words underlined are additions. 414 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2176 official. 2177 (g) Two citizens of the state who are not principally 2178 employed as members or representatives of any of the groups 2179 specified in paragraphs (a) -(f). 2180 (4)(a) Members of the corporation shall be appointed for 2181 terms of 4 years, except that any vacancy shall be filled for 2182 the unexpired term. Vacancies on the board shall be filled by 2183 appointment by the Governor, the President of the Senate, or the 2184 Speaker of the House of Representatives, respectively, depending 2185 on who appointed the member whose vacancy is to be filled or 2186 whose term has expired. 2187 Section 29. Subsection (30) of section 420.507, Florida 2188 Statutes, is amended to read: 2189 420.507 Powers of the corporation.—The corporation shall 2190 have all the powers necessary or convenient to carry out and 2191 effectuate the purposes and provisions of this part, including 2192 the following powers which are in addition to all other powers 2193 granted by other provisions of this part: 2194 (30) To prepare and submit to the Secretary of Economic 2195 Opportunity a budget request for purposes of the corporation, 2196 which request must alziall, notwithstanding the provisions of 2197 chapter 216 and in accordance with s. 216.351, contain a request 2198 for operational expenditures and separate requests for other 2199 authorized corporation programs. The request must include, for 2200 informational purposes, the amount of state funds necessary to 2201 use all federal housing funds anticipated to be received by, or 2202 allocated to, the state in the fiscal year in order to maximize 2203 the production of new, affordable multifamily housing units in 2204 this state. The request need not contain information on the Page 76 of 95 CODING: Words men are deletions; words underlined are additions. 415 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2205 number of employees, salaries, or any classification thereof, 2206 and the approved operating budget therefor need not comply with 2207 s. 216.181(8)-(10). The secretary may include within the 2208 department's budget request the corporation's budget request in 2209 the form as authorized by this section. 2210 Section 30. The amendment made by this act to s. 2211 420.507(30), Florida Statutes, expires July 1, 2033, and the 2212 text of that subsection shall revert to that in existence on 2213 June 30, 2023, except that any amendments to such text enacted 2214 other than by this act shall be preserved and continue to 2215 operate to the extent that such amendments are not dependent 2216 upon the portions of text which expire pursuant to this section. 2217 Section 31. Subsection (10) of section 420.5087, Florida 2218 Statutes, is amended to read: 2219 420.5087 State Apartment Incentive Loan Program.—There is 2220 hereby created the State Apartment Incentive Loan Program for 2221 the purpose of providing first, second, or other subordinated 2222 mortgage loans or loan guarantees to sponsors, including for - 2223 profit, nonprofit, and public entities, to provide housing 2224 affordable to very -low-income persons. 2225 (10) The corporation may prioritize a portion of the 2226 program funds set aside under paragraph (3)(d) for persons with 2227 special needs as defined in s. 420.0004(13) to provide funding 2228 for the development of newly constructed permanent rental 2229 housing en a eaRg,leda that provides housing for persons in foster 2230 care or persons aging out of foster care pursuant to s. 2231 409.1451. Such housing shall promote and facilitate access to 2232 community-based supportive, educational, and employment services 2233 and resources that assist persons aging out of foster care to Page 77 of 95 CODING: Words men are deletions; words underlined are additions. 416 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2234 successfully transition to independent living and adulthood. The 2235 corporation must consult with the Department of Children and 2236 Families to create minimum criteria for such housing. 2237 Section 32. Section 420.50871, Florida Statutes, is created 2238 to read: 2239 420.50871 Allocation of increased revenues derived from 2240 amendments to s. 201.15 made by this act.—Funds that result from 2241 increased revenues to the State Housing Trust Fund derived from 2242 amendments made to s. 201.15 made by this act must be used 2243 annually for projects under the State Apartment Incentive Loan 2244 Program under s. 420.5087 as set forth in this section, 2245 notwithstanding ss. 420.507(48) and (50) and 420.5087(1) and 2246 (3). The Legislature intends for these funds to provide for 2247 innovative projects that provide affordable and attainable 2248 housing for persons and families working, going to school, or 2249 living in this state. Projects approved under this section are 2250 intended to provide housing that is affordable as defined in s. 2251 420.0004, notwithstanding the income limitations in s. 2252 420.5087(2). Beginning in the 2023-2024 fiscal year and annually 2253 for 10 years thereafter: 2254 (1) The corporation shall allocate 70 percent of the funds 2255 provided by this section to issue competitive requests for 2256 application for the affordable housing project purposes 2257 specified in this subsection. The corporation shall finance 2258 projects that: 2259 (a) Both redevelop an existing affordable housing 2260 development and provide for the construction of a new 2261 development within close proximity to the existing development 2262 to be rehabilitated. Each project must provide for building the Page 78 of 95 CODING: Wordsn are deletions; words underlined are additions. 417 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2263 new affordable housing development first, relocating the tenants 2264 of the existing development to the new development, and then 2265 demolishing the existing development for reconstruction of an 2266 affordable housing development with more overall and affordable 2267 units. 2268 (b) Address urban infill, including conversions of vacant, 2269 dilapidated, or functionally obsolete buildings or the use of 2270 underused commercial property. 2271 (c) Provide for mixed use of the location, incorporating 2272 nonresidential uses, such as retail, office, institutional, or 2273 other appropriate commercial or nonresidential uses. 2274 (d) Provide housing near military installations in this 2275 state, with preference given to projects that incorporate 2276 critical services for servicemembers, their families, and 2277 veterans, such as mental health treatment services, employment 2278 services, and assistance with transition from active -duty 2279 service to civilian life. 2280 (2) From the remaining funds, the corporation shall 2281 allocate the funds to issue competitive requests for application 2282 for any of the following affordable housing purposes specified 2283 in this subsection. The corporation shall finance projects that: 2284 (a) Propose using or leasing public lands. Projects that 2285 propose to use or lease public lands must include a resolution 2286 or other agreement with the unit of government owning the land 2287 to use the land for affordable housing purposes. 2288 (b) Address the needs of young adults who age out of the 2289 foster care system. 2290 (c) Meet the needs of elderly persons. 2291 (d) Provide housing to meet the needs in areas of rural Page 79 of 95 CODING: Words men are deletions; words underlined are additions. 418 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2292 opportunity, designated pursuant to s. 288.0656. 2293 (3) Under any request for application under this section, 2294 the corporation shall coordinate with the appropriate state 2295 department or agency and prioritize projects that provide for 2296 mixed -income developments. 2297 (4) This section does not prohibit the corporation from 2298 allocating additional funds to the purposes described in this 2299 section. In any fiscal year, if the funds allocated by the 2300 corporation to any request for application under subsections (1) 2301 and (2) are not fully used after the application and award 2302 processes are complete, the corporation may use those funds to 2303 supplement any future request for application under this 2304 section. 2305 (5) This section is repealed June 30, 2033. 2306 Section 33. The Division of Law Revision is directed to 2307 replace the phrase "this act" wherever it occurs in s. 2308 420.50871, Florida Statutes, as created by this act, with the 2309 assigned chapter number of this act. 2310 Section 34. Section 420.50872, Florida Statutes, is created 2311 to read: 2312 420.50872 Live Local Program. - 2313 (1) DEFINITIONS.—As used in this section, the term: 2314 (a) "Annual tax credit amount" means, for any state fiscal 2315 year, the sum of the amount of tax credits approved under 2316 paragraph (3)(a), including tax credits to be taken under s. 2317 220.1878 or s. 624.51058, which are approved for taxpayers whose 2318 taxable years begin on or after January 1 of the calendar year 2319 preceding the start of the applicable state fiscal year. 2320 (b) "Eligible contribution" means a monetary contribution Page 80 of 95 CODING: Words men are deletions; words underlined are additions. 419 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2321 from a taxpayer, subject to the restrictions provided in this 2322 section, to the corporation for use in the State Apartment 2323 Incentive Loan Program under s. 420.5087. The taxpayer making 2324 the contribution may not designate a specific project, property, 2325 or geographic area of this state as the beneficiary of the 2326 eligible contribution. 2327 (c) "Live Local Program" means the program described in 2328 this section whereby eligible contributions are made to the 2329 corporation. 2330 (d) "Tax credit cap amount" means the maximum annual tax 2331 credit amount that the Department of Revenue may approve for a 2332 state fiscal year. 2333 (2) RESPONSIBILITIES OF THE CORPORATION.—The corporation 2334 shall: 2335 (a) Expend 100 percent of eligible contributions received 2336 under this section for the State Apartment Incentive Loan 2337 Program under s. 420.5087. However, the corporation may use up 2338 to $25 million of eligible contributions to provide loans for 2339 the construction of large-scale projects of significant regional 2340 impact. Such projects must include a substantial civic, 2341 educational, or health care use and may include a commercial 2342 use, any of which must be incorporated within or contiguous to 2343 the project property. Such a loan must be made, except as 2344 otherwise provided in this subsection, in accordance with the 2345 practices and policies of the State Apartment Incentive Loan 2346 Program. Such a loan is subject to the competitive application 2347 process and may not exceed 25 percent of the total project cost. 2348 The corporation must find that the loan provides a unique 2349 opportunity for investment alongside local government Page 81 of 95 CODING: Words men are deletions; words underlined are additions. 420 2350 2351 2352 2353 2354 2355 2356 2357 2358 2359 2360 2361 2362 2363 2364 2365 2366 2367 2368 2369 2370 2371 2372 2373 2374 2375 2376 2377 2378 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er participation that would enable creation of a significant amount of affordable housing. Projects approved under this section are intended to provide housing that is affordable as defined in s. 420.0004, notwithstanding the income limitations in s. 420.5087 (2) . (b) Upon receipt of an eligible contribution, provide the taxpayer that made the contribution with a certificate of contribution. A certificate of contribution must include the taxpayer's name; its federal employer identification number, if available; the amount contributed; and the date of contribution. (c) Within 10 days after issuing a certificate of contribution, provide a copy to the Department of Revenue. (3) LIVE LOCAL TAX CREDITS; APPLICATIONS, TRANSFERS, AND LIMITATIONS.— (a) Beginning in the 2023-2024 fiscal year, the tax credit cap amount is $100 million in each state fiscal year. (b) Beginning October 1, 2023, a taxpayer may submit an application to the Department of Revenue for an allocation of the tax credit cap for tax credits to be taken under either or both of s. 220.1878 or s. 624.51058. 1. The taxpayer shall specify in the application each tax for which the taxpayer requests a credit and the applicable taxable year. For purposes of s. 220.1878, a taxpayer may apply for a credit to be used for a prior taxable year before the date the taxpayer is required to file a return for that year pursuant to s. 220.222. For purposes of s. 624.51058, a taxpayer may apply for a credit to be used for a prior taxable year before the date the taxpayer is required to file a return for that Prior taxable vear pursuant to ss. 624.509 and 624.5092. The Page 82 of 95 CODING: Wordsn are deletions; words underlined are additions. 421 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2379 Department of Revenue shall approve tax credits on a first-come, 2380 first-served basis. 2381 2. Within 10 days after approving or denying an 2382 application, the Department of Revenue shall provide a copy of 2383 its approval or denial letter to the corporation. 2384 (c) If a tax credit approved under paragraph (b) is not 2385 fully used for the specified taxable year for credits under s. 2386 220.1878 or s. 624.51058 because of insufficient tax liability 2387 on the part of the taxpayer, the unused amount may be carried 2388 forward for a period not to exceed 10 taxable years. For 2389 purposes of s. 220.1878, a credit carried forward may be used in 2390 a subsequent year after applying the other credits and unused 2391 carryovers in the order provided in s. 220.02(8). 2392 (d) A taxpayer may not convey, transfer, or assign an 2393 approved tax credit or a carryforward tax credit to another 2394 entity unless all of the assets of the taxpayer are conveyed, 2395 assigned, or transferred in the same transaction. However, a tax 2396 credit under s. 220.1878 or s. 624.51058 may be conveyed, 2397 transferred, or assigned between members of an affiliated group 2398 of corporations if the type of tax credit under s. 220.1878 or 2399 s. 624.51058 remains the same. A taxpayer shall notify the 2400 Department of Revenue of its intent to convey, transfer, or 2401 assign a tax credit to another member within an affiliated group 2402 of corporations. The amount conveyed, transferred, or assigned 2403 is available to another member of the affiliated group of 2404 corporations upon approval by the Department of Revenue. 2405 (e) Within any state fiscal year, a taxpayer may rescind 2406 all or part of a tax credit allocation approved under paragraph 2407 (b). The amount rescinded must become available for that state Page 83 of 95 CODING: Wordsn are deletions; words underlined are additions. 422 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2408 fiscal year to another eligible taxpayer as approved by the 2409 Department of Revenue if the taxpayer receives notice from the 2410 Department of Revenue that the rescindment has been accepted by 2411 the Department of Revenue. Any amount rescinded under this 2412 paragraph must become available to an eligible taxpayer on a 2413 first-come, first-served basis based on tax credit applications 2414 received after the date the rescindment is accepted by the 2415 Department of Revenue. 2416 (f) Within 10 days after approving or denying the 2417 conveyance, transfer, or assignment of a tax credit under 2418 paragraph (d), or the rescindment of a tax credit under 2419 paragraph (e), the Department of Revenue shall provide a copy of 2420 its approval or denial letter to the corporation. 2421 (g) For purposes of calculating the underpayment of 2422 estimated corporate income taxes under s. 220.34 and tax 2423 installment payments for taxes on insurance premiums or 2424 assessments under s. 624.5092, the final amount due is the 2425 amount after credits earned under s. 220.1878 or s. 624.51058 2426 for contributions to eligible charitable organizations are 2427 deducted. 2428 1. For purposes of determining if a penalty or interest 2429 under s. 220.34(2)(d)l. will be imposed for underpayment of 2430 estimated corporate income tax, a taxpayer may, after earning a 2431 credit under s. 220.1878, reduce any estimated payment in that 2432 taxable year by the amount of the credit. 2433 2. For purposes of determining if a penalty under s. 2434 624.5092 will be imposed, an insurer, after earning a credit 2435 under s. 624.51058 for a taxable year, may reduce any 2436 installment payment for such taxable year of 27 percent of the Page 84 of 95 CODING: Words men are deletions; words underlined are additions. 423 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2437 amount of the net tax due as reported on the return for the 2438 preceding year under s. 624.5092(2)(b) by the amount of the 2439 credit. 2440 (4) PRESERVATION OF CREDIT.—If any provision or portion of 2441 this section, s. 220.1878, or s. 624.51058 or the application 2442 thereof to any person or circumstance is held unconstitutional 2443 by any court or is otherwise declared invalid, the 2444 unconstitutionality or invalidity does not affect any credit 2445 earned under s. 220.1878 or s. 624.51058 by any taxpayer with 2446 respect to any contribution paid to the Live Local Program 2447 before the date of a determination of unconstitutionality or 2448 invalidity. The credit must be allowed at such time and in such 2449 a manner as if a determination of unconstitutionality or 2450 invalidity had not been made, provided that nothing in this 2451 subsection by itself or in combination with any other provision 2452 of law may result in the allowance of any credit to any taxpayer 2453 in excess of $1 of credit for each dollar paid to an eligible 2454 charitable organization. 2455 (5) ADMINISTRATION; RULES. - 2456 (a) The Department of Revenue and the corporation may 2457 develop a cooperative agreement to assist in the administration 2458 of this section, as needed. 2459 (b) The Department of Revenue may adopt rules necessary to 2460 administer this section, s. 220.1878, and s. 624.51058, 2461 including rules establishing application forms, procedures 2462 governing the approval of tax credits and carryforward tax 2463 credits under subsection (3), and procedures to be followed by 2464 taxpayers when claiming approved tax credits on their returns. 2465 (c) By August 15, 2023, and by each August 15 thereafter, Page 85 of 95 CODING: Wordsn are deletions; words underlined are additions. 424 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2466 the Department of Revenue shall determine the 500 taxpayers with 2467 the greatest total corporate income or franchise tax due as 2468 reported on the taxpayer's return filed pursuant to s. 220.22 2469 during the previous calendar year and notify those taxpayers of 2470 the existence of the Live Local Program and the process for 2471 obtaining an allocation of the tax credit cap. The Department of 2472 Revenue shall confer with the corporation in the drafting of the 2473 notification. The Department of Revenue may provide this 2474 notification by electronic means. 2475 Section 35. Section 420.5096, Florida Statutes, is created 2476 to read: 2477 420.5096 Florida Hometown Hero Program. - 2478 (1) The Legislature finds that individual homeownership is 2479 vital to building long-term housing and financial security. With 2480 rising home prices, down payment and closing costs are often 2481 significant barriers to homeownership for working Floridians. 2482 Each person in Florida's hometown workforce is essential to 2483 creating thriving communities, and the Legislature finds that 2484 the ability of Floridians to reside within the communities in 2485 which they work is of great importance. Therefore, the 2486 Legislature finds that providing assistance to homebuyers in 2487 this state by reducing the amount of down payment and closing 2488 costs is a necessary step toward expanding access to 2489 homeownership and achieving safe, decent, and affordable housing 2490 for all Floridians. 2491 (2) The Florida Hometown Hero Program is created to assist 2492 Florida's hometown workforce in attaining homeownership by 2493 providing financial assistance to residents to purchase a home 2494 as their primary residence. Under the program, a borrower may Page 86 of 95 CODING: Words men are deletions; words underlined are additions. 425 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2495 apply to the corporation for a loan to reduce the amount of the 2496 down payment and closing costs paid by the borrower by a minimum 2497 of $10,000 and up to 5 percent of the first mortgage loan, not 2498 exceeding $35,000. Loans must be made available at a zero 2499 percent interest rate and must be made available for the term of 2500 the first mortgage. The balance of any loan is due at closing if 2501 the property is sold, refinanced, rented, or transferred, unless 2502 otherwise approved by the corporation. 2503 (3) For loans made available pursuant to s. 2504 420.507(23)(a)l. or 2., the corporation may underwrite and make 2505 those mortgage loans through the program to persons or families 2506 who have household incomes that do not exceed 150 percent of the 2507 state median income or local median income, whichever is 2508 greater. A borrower must be seeking to purchase a home as a 2509 primary residence; a first-time homebuyer and a Florida 2510 resident; and employed full-time by a Florida -based employer. 2511 The borrower must provide documentation of full-time employment, 2512 or full-time status for self-employed individuals, of 35 hours 2513 or more per week. The requirement to be a first-time homebuyer 2514 does not apply to a borrower who is an active duty servicemember 2515 of a branch of the armed forces or the Florida National Guard, 2516 as defined in s. 250.01, or a veteran. 2517 (4) Loans made under the Florida Hometown Hero Program may 2518 be used for the purchase of manufactured homes, as defined in s. 2519 320.01(2)(b), which were constructed after July 13, 1994; which 2520 are permanently affixed to real property in this state, whether 2521 owned or leased by the borrower; and which are titled and 2522 financed as tangible personal property or as real property. 2523 (5) This program is intended to be evergreen, and Page 87 of 95 CODING: Words men are deletions; words underlined are additions. 426 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2524 repayments for loans made under this program shall be retained 2525 within the program to make additional loans. 2526 Section 36. Subsection (3) is added to section 420.531, 2527 Florida Statutes, to read: 2528 420.531 Affordable Housing Catalyst Program. - 2529 (3) The corporation may contract with the entity providing 2530 statewide training and technical assistance to provide technical 2531 assistance to local governments to establish selection criteria 2532 and related provisions for requests for proposals or other 2533 competitive solicitations for use or lease of government-owned 2534 real property for affordable housing purposes. The entity 2535 providing statewide training and technical assistance may 2536 develop best practices or other key elements for successful use 2537 of public property for affordable housing, in conjunction with 2538 technical support provided under subsection (1). 2539 Section 37. Section 420.6075, Florida Statutes, is amended 2540 to read: 2541 420.6075 Research and planning for affordable housing; 2542 annual housing report. - 2543 (1) The research and planning functions of the department 2544 shall include the collection of data on the need for affordable 2545 housing in this state and the extent to which that need is being 2546 met through federal, state, and local programs, in order to 2547 facilitate planning to meet the housing needs in this state and 2548 to enable the development of sound strategies and programs for 2549 affordable housing. To fulfill this function, the Shimberg 2550 Center for Housing Studies Affer-elalele—Heasin� at the University 2551 of Florida shall perform the following functions: 2552 (a) Quantify affordable housing needs in this -t-� state by Page 88 of 95 CODING: Wordsn are deletions; words underlined are additions. 427 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2553 analyzing available data, including information provided through 2554 the housing elements of local comprehensive plans, and identify 2555 revisions in the housing element data requirements that would 2556 result in more uniform, meaningful information being obtained. 2557 (b) Document the results since 1980 of all programs 2558 administered by the department which provide for or act as 2559 incentives for housing production or improvement. Data on 2560 program results must include the number of units produced and 2561 the unit cost under each program. 2562 (c) Inventory the supply of affordable housing units made 2563 available through federal, state, and local programs. Data on 2564 the geographic distribution of affordable units must show the 2565 availability of units in each county and municipality. 2566 (2) By December 31 of each year, the Shimberg Center for 2567 Housing Studies Affei=Eiable He;is-nj shall submit to the 2568 Legislature an updated housing report describing the supply of 2569 and need for affordable housing. This annual housing report 2570 shall include: 2571 (a) A synopsis of training and technical assistance 2572 activities and community-based organization housing activities 2573 for the year. 2574 (b) A status report on the degree of progress toward 2575 meeting the housing objectives of the department's agency 2576 functional plan. 2577 (c) Recommended housing initiatives for the next fiscal 2578 year and recommended priorities for assistance to the various 2579 target populations within the spectrum of housing need. 2580 (3) The Shimberg Center for Housing Studies ffeL=E abl- 2581 ileiisdmneF shall: Page 89 of 95 CODING: Words men are deletions; words underlined are additions. 428 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2582 (a) Conduct research on program options to address the need 2583 for affordable housing. 2584 (b) Conduct research on training models to be replicated or 2585 adapted to meet the needs of community-based organizations and 2586 state and local government staff involved in housing 2587 development. 2588 Section 38. Paragraph (a) of subsection (1) of section 2589 553.792, Florida Statutes, is amended to read: 2590 553.792 Building permit application to local government. - 2591 (1)(a) Within 10 days of an applicant submitting an 2592 application to the local government, the local government shall 2593 advise the applicant what information, if any, is needed to deem 2594 the application properly completed in compliance with the filing 2595 requirements published by the local government. If the local 2596 government does not provide written notice that the applicant 2597 has not submitted the properly completed application, the 2598 application shall be automatically deemed properly completed and 2599 accepted. Within 45 days after receiving a completed 2600 application, a local government must notify an applicant if 2601 additional information is required for the local government to 2602 determine the sufficiency of the application, and shall specify 2603 the additional information that is required. The applicant must 2604 submit the additional information to the local government or 2605 request that the local government act without the additional 2606 information. While the applicant responds to the request for 2607 additional information, the 120 -day period described in this 2608 subsection is tolled. Both parties may agree to a reasonable 2609 request for an extension of time, particularly in the event of a 2610 force majeure or other extraordinary circumstance. The local Page 90 of 95 CODING: Words men are deletions; words underlined are additions. 429 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2611 government must approve, approve with conditions, or deny the 2612 application within 120 days following receipt of a completed 2613 application. A local government shall maintain on its website a 2614 policy containing procedures and expectations for expedited 2615 processing of those building permits and development orders 2616 required by law to be expedited. 2617 Section 39. Subsection (7) of section 624.509, Florida 2618 Statutes, is amended to read: 2619 624.509 Premium tax; rate and computation. - 2620 (7) Credits and deductions against the tax imposed by this 2621 section shall be taken in the following order: deductions for 2622 assessments made pursuant to s. 440.51; credits for taxes paid 2623 under ss. 175.101 and 185.08; credits for income taxes paid 2624 under chapter 220 and the credit allowed under subsection (5), 2625 as these credits are limited by subsection (6); the credit 2626 allowed under s. 624.51057; the credit allowed under s. 2627 624.51058; all other available credits and deductions. 2628 Section 40. Paragraph (c) of subsection (1) of section 2629 624.5105, Florida Statutes, is amended to read: 2630 624.5105 Community contribution tax credit; authorization; 2631 limitations; eligibility and application requirements; 2632 administration; definitions; expiration. - 2633 (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS. - 2634 (c) The total amount of tax credit which may be granted for 2635 all programs approved under this section and ss. 212.08(5)(p) 2636 and 220.183 is $25 $14.5 million in the 2023-2024 2922-2923- 2637 fiscal year and in each fiscal year thereafter for projects that 2638 provide housing opportunities for persons with special needs as 2639 defined in s. 420.0004 or homeownership opportunities for low - Page 91 of 95 CODING: Words men are deletions; words underlined are additions. 430 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2640 income or very -low-income households as defined in s. 420.9071 2641 and $4.5 million in the 2022-2023 fiscal year and in each fiscal 2642 year thereafter for all other projects. 2643 Section 41. Section 624.51058, Florida Statutes, is created 2644 to read: 2645 624.51058 Credit for contributions to the Live Local 2646 Program. - 2647 (1) For taxable years beginning on or after January 1, 2648 2023, there is allowed a credit of 100 percent of an eligible 2649 contribution made to the Live Local Program under s. 420.50872 2650 against any tax due for a taxable year under s. 624.509(1) after 2651 deducting from such tax deductions for assessments made pursuant 2652 to s. 440.51; credits for taxes paid under ss. 175.101 and 2653 185.08; credits for income taxes paid under chapter 220; and the 2654 credit allowed under s. 624.509(5), as such credit is limited by 2655 s. 624.509(6). An eligible contribution must be made to the Live 2656 Local Program on or before the date the taxpayer is required to 2657 file a return pursuant to ss. 624.509 and 624.5092. An insurer 2658 claiming a credit against premium tax liability under this 2659 section is not required to pay any additional retaliatory tax 2660 levied under s. 624.5091 as a result of claiming such credit. 2661 Section 624.5091 does not limit such credit in any manner. 2662 (2) Section 420.50872 applies to the credit authorized by 2663 this section. 2664 Section 42. The Department of Economic Opportunity's Keys 2665 Workforce Housing Initiative, approved by the Administration 2666 Commission on June 13, 2018, is considered an exception to the 2667 evacuation time constraints of s. 380.0552(9)(a)2., Florida 2668 Statutes, by requiring deed -restricted affordable workforce Page 92 of 95 CODING: Words men are deletions; words underlined are additions. 431 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2669 housing properties receiving permit allocations to agree to 2670 evacuate at least 48 hours in advance of hurricane landfall. A 2671 comprehensive plan amendment approved by the Department of 2672 Economic Opportunity to implement the initiative is hereby valid 2673 and the respective local governments may adopt local ordinances 2674 or regulations to implement such plan amendment. 2675 Section 43. (1) The Department of Revenue is authorized, 2676 and all conditions are deemed met, to adopt emergency rules 2677 under s. 120.54(4), Florida Statutes, for the purpose of 2678 implementing provisions related to the Live Local Program 2679 created by this act. Notwithstanding any other law, emergency 2680 rules adopted under this section are effective for 6 months 2681 after adoption and may be renewed during the pendency of 2682 procedures to adopt permanent rules addressing the subject of 2683 the emergency rules. 2684 (2) This section expires July 1, 2026. 2685 Section 44. For the 2023-2024 fiscal year, the sum of $100 2686 million in nonrecurring funds from the General Revenue Fund is 2687 appropriated to the Florida Housing Finance Corporation to 2688 implement the Florida Hometown Hero Housing Program established 2689 in s. 420.5096, Florida Statutes, as created by this act. 2690 Section 45. For the 2023-2024 fiscal year, the sum of $252 2691 million in nonrecurring funds from the Local Government Housing 2692 Trust Fund is appropriated in the Grants and Aids - Housing 2693 Finance Corporation (HFC) - State Housing Initiatives 2694 Partnership (SHIP) Program appropriation category to the Florida 2695 Housing Finance Corporation. 2696 Section 46. For the 2023-2024 fiscal year, the sum of $150 2697 million in recurring funds and $109 million in nonrecurring Page 93 of 95 CODING: Words men are deletions; words underlined are additions. 432 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed 2023102er 2698 funds from the State Housing Trust Fund is appropriated in the 2699 Grants and Aids - Housing Finance Corporation (HFC) - Affordable 2700 Housing Programs appropriation category to the Florida Housing 2701 Finance Corporation. The recurring funds are appropriated to 2702 implement s. 420.50871, Florida Statutes, as created by this 2703 act. 2704 Section 47. For the 2022-2023 fiscal year, the sum of $100 2705 million in nonrecurring funds from the General Revenue Fund is 2706 appropriated to the Florida Housing Finance Corporation to 2707 implement a competitive assistance loan program for new 2708 construction projects in the development pipeline that have not 2709 commenced construction and are experiencing verifiable cost 2710 increases due to market inflation. These funds are intended to 2711 support the corporation's efforts to maintain the viability of 2712 projects in the development pipeline as the unprecedented 2713 economic factors coupled with the housing crisis makes it of 2714 upmost importance to deliver much-needed affordable housing 2715 units in communities in a timely manner. Eligible projects are 2716 those that accepted an invitation to enter credit underwriting 2717 by the corporation for funding during the period of time of July 2718 1, 2020, through June 30, 2022. The corporation may establish 2719 such criteria and application processes as necessary to 2720 implement this section. The unexpended balance of funds 2721 appropriated to the corporation as of June 30, 2023, shall 2722 revert and is appropriated to the corporation for the same 2723 purpose for the 2023-2024 fiscal year. Any funds not awarded by 2724 December 1, 2023, must be used for the State Apartment Incentive 2725 Loan Program under s. 420.5087, Florida Statutes. This section 2726 is effective upon becoming a law. Page 94 of 95 CODING: Words men are deletions; words underlined are additions. 433 ENROLLED 2023 Legislature CS for SB 102, 1st Engrossed Page 95 of 95 CODING: Words men are deletions; words underlined are additions. 434 2023102er 2727 Section 48. The Legislature finds and declares that this 2728 act fulfills an important state interest. 2729 Section 49. Except as otherwise expressly provided in this 2730 act and except for this section, which shall take effect upon 2731 becoming a law, this act shall take effect July 1, 2023. Page 95 of 95 CODING: Words men are deletions; words underlined are additions. 434 12.A Legal 06/20/2023 Proposed Ordinance No. 23-013- First Reading- Park Impact Fee Ordinance. Requested Action by Commission: Approve an Ordinance of the City of Boynton Beach, Florida amending the Land Development Regulations, Chapter 2, Land Development Process; Article VI "Impact and Selected Fees" to amend Section 2 to adopt a Comprehensive Impact Fee Schedule for Parks and Recreation Facilities; adopting an Impact Fee Study; Establishing criteria and administrative procedures for individual assessment of Impact Fees, Refunds, Credits, and Collection of Fees; Creating Section 9 to create an Impact Fee Schedule; Providing for implementing administrative acts; Providing for Codification, Severability, Conflicts, and an effective date. Explanation of Request: The City Commission retained the firm of Raftelis Financial Consultants, Inc. to study the need to impose impact fees for parks and recreation facilities. Raftelis Financial Consultants, Inc. has prepared and presented to the City Commission a report titled, "City of Boynton Beach 2023 Parks and Recreation Impact Fee Study," dated May 19, 2023 (hereinafter the "Technical Report") which establishes the proportionate share of new development's impacts on the public facilities for which impact fees are collected pursuant to this Ordinance. The City's Comprehensive Plan establishes the policy that incorporates a review process for assessing the adequacy of public services and facilities and does not allow new development unless adequate public capital facilities exist or are assured. The City's Comprehensive Plan further establishes the policy that new development is required to pay its proportionate share of required improvements for new or expanded public capital facilities required by such development. The City Commission has amended the Comprehensive Plan to include a Capital Improvement Schedule for public facility improvements to serve new development subject to the payment of impact fees, as supported by the Technical Report. The Consultant has determined that the City's Impact Fees based on the City's growth patterns require updating. Impact Fees have been calculated to provide for facilities, equipment, infrastructure, and services needed to support growth based on forecasts of new development. The Impact Fee analysis considers existing fees and provides a comparison to 435 both surrounding and comparable cities ensuring reasonableness, consistency, and feasibility. The Impact Fee Study outlines the extraordinary circumstances related to parks and recreation fees and provides a justification for adopting the fully calculated fee levels as well as outlines the extraordinary circumstances that the City faces in regards to providing the necessary capital improvements to meet additional demands resulting from growth. The City held publicly noticed workshops on May 30, 2023 and June 6, 2023 dedicated to the extraordinary circumstances necessitating the need to exceed the phase-in limitations contained in §163.31801, Fla. Stat. justifying the increases to the Parks and Recreation Facility Impact Fees, a copy of the presentations are on file with the City Clerk and incorporated herein by reference. The procedures adopted pursuant to this Ordinance have been significantly revised from the last revision of the code in 2013 to incorporate the necessary changes to implement current impact fees and provide a platform to introduce new impact fees in the future. Importantly, this Ordinance also now conforms to 2021 legislation which significantly revised the Florida Impact Fee Act to, among other items, update statutory definitions, update the requirements for Fee credits, update the requirements for Fee increases, and update the Financial Reporting requirements. The Ordinance maintains the current provisions to allow developers to provide a land donation in lieu of impact fee. How will this affect city programs or services? Adopting the proposed fees will allow the City to achieve it's adopted level of service (LOS) standards as recently adopted in the Parks System Master Plan. Fiscal Impact: The approval of the proposed ordinance increases the Parks and Recreations Impact Fee revenue. New single-family, two to four unit dwellings, and multi -family dwelling unit's Park & Recreation Impact Fee will increase from $875, $678, and $595 to $2,560, $2,299 and $1,914 respectively. Attachments: Ordinance 23-013- Impact_Fee_Update_2023.pdf Parks _ and _Recreation_Impact_Fee_Study_Report_and_Tables_Final_.pdf Parks_and_Rec_Impact_Fee_Backup 436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ORDINANCE NO. 23-013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS ("LDRS"), CHAPTER 2, LAND DEVELOPMENT PROCESS; ARTICLE VI "IMPACT AND SELECTED FEES" TO AMEND SECTION 2 TO ADOPT A COMPREHENSIVE IMPACT FEE SCHEDULE FOR PARKS AND RECREATION FACILITIES; ADOPTING AN IMPACT FEE STUDY; ESTABLISHING CRITERIA AND ADMINISTRATIVE PROCEDURES FOR INDIVIDUAL ASSESSMENT OF IMPACT FEES, REFUNDS, CREDITS, AND COLLECTION OF FEES; CREATING SECTION 9 TO CREATE AN IMPACT FEE SCHEDULE; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission retained the firm of Raftelis Financial Consultants, Inc. to study the need to impose impact fees for parks and recreation facilities; and WHEREAS, Raftelis Financial Consultants, Inc. has prepared and presented to the City Commission a report titled, "City of Boynton Beach 2023 Parks and Recreation Impact Fee Study," dated May 19, 2023 (hereinafter the "Technical Report") which establishes the proportionate share of new development's impacts on the public facilities for which impact fees are collected pursuant to this Ordinance; and WHEREAS, the Technical Report has been presented to and reviewed by the City Commission, which has determined: (1) that impact fees are necessary to offset the costs to the City associated with meeting the necessary public service and facility demand created by projected new residential and non- residential development; (2) that the amount of the impact fees bears a reasonable relationship to the burden imposed upon the City to provide the new public facilities addressed in the Technical Report to new development, (3) the expenditure of impact fees, pursuant to the terms of this Ordinance, will result in a beneficial use to such new development reasonably related to the impact fees, per dwelling unit, by type; (4) that a "rational nexus" exists between the projected new development and the need for additional public facilities to be funded via the development fees; and (5) that the amount of the development fees is ;00559100.6306-9001821 1 CODING: Words in stfike *gig type are deletions from the existing law; Words in underscore type are additions. Page 1 of 22 437 34 "proportional" to the fair share of the additional public facilities needed to provide adequate service to new 35 development; and, 36 WHEREAS, the City of Boynton Beach's Comprehensive Plan establishes the policy that 37 incorporates a review process for assessing the adequacy of public services and facilities and does not 38 allow new development unless adequate public capital facilities exist or are assured; and 39 WHEREAS, the City of Boynton Beach's Comprehensive Plan further establishes the policy that 40 new development is required to pay its proportionate share of required improvements for new or expanded 41 public capital facilities required by such development; and 42 WHEREAS, the City Commission has amended the Comprehensive Plan to include a Capital 43 Improvement Schedule for public facility improvements to serve new development subject to the payment 44 of impact fees, as supported by the Technical Report; and 45 WHEREAS, pursuant to §163.31801, Fla. Stat.: 46 (a) the Technical Report, and the impact fees recommended therein, are based on the most recent and 47 localized data; and 48 (b) this Ordinance includes procedures for accounting and reporting of impact fee collections and 49 expenditures in order to assure compliance with applicable legal standards; and 50 (c) this Ordinance includes separate accounting funds for each public facility for which an impact fee 51 is collected; and 52 (d) administrative fees charged pursuant to this Ordinance for the collection of impact fees are limited 53 to actual costs; and 54 (e) this Ordinance requires audits of the City's financial statements to include an affidavit of the City's 55 chief financial officer stating that the requirements of §163.31801, Fla. Stat. have been complied 56 with; and ;00559100.6306-9001821 1 CODING: Words in stfike *gig type are deletions from the existing law; Words in underscore type are additions. Page 2 of 22 438 57 (f) this Ordinance requires that the collection of the impact fee will not be required earlier than the 58 date of issuance of the building permit for the property that is subject to the fee; and 59 (g) the Technical Report demonstrates that the impact fees are proportional and reasonably connected 60 to, or have a rational nexus with, the need for additional capital facilities and the increased impact 61 generated by the new residential construction; and 62 (h) the Technical Report and this Ordinance show that the impact fees are proportional and reasonably 63 connected to, or have a rational nexus with, the expenditures of the funds collected and the benefits 64 accruing to the new residential construction; and 65 (i) this Ordinance specifically earmarks funds collected under the impact fee for use in acquiring, 66 constructing, or improving capital facilities to benefit new users and does not pay existing debt or 67 for previously approved projects unless the expenditure is reasonably connected to, or has a 68 rational nexus with, the increased impact generated by the new residential or nonresidential 69 construction; and 70 WHEREAS, the Techical Report distinctly demonstrates the extraordinary circumstances 71 necessitating the need to exceed the phase-in limitations contained in § 163.3180 1, Fla. Stat. and thereby 72 justifying the increases to the Parks and Recreation Facility Impact Fees above the 50% limitation; and, 73 WHEREAS, on May 30, 2023 and June 6, 2023, the City held publicly noticed workshops 74 dedicated to the extraordinary circumstances necessitating the need to exceed the phase-in limitations 75 contained in §163.31801, Fla. Stat. justifying the increases to the Parks and Recreation Facility Impact 76 Fees, a copy of the presentations are on file with the City Clerk and incorporated herein by reference; and, 77 WHEREAS, the impact fees assessed pursuant to this Ordinance are necessary to ensure the public 78 health, safety, and welfare of the residents of the City of Boynton Beach. 79 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 80 OF BOYNTON BEACH, FLORIDA: ;00559100.6306-9001821 1 CODING: Words in stfike *gig type are deletions from the existing law; Words in underscore type are additions. Page 3 of 22 439 81 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and correct 82 and are hereby made a specific part of this Ordinance upon adoption hereof. 83 Section 2: Part Ill, Land Development Regulations; Chapter 2, Land Development Process; 84 Article VI, Section 2 entitled "City Parks and Recreation Facilities Impact Fee or Land Dedication" of the 85 Code of Ordinances of the City of Boynton Beach, is repealed in its entirety and replaced to read as follows: 86 Sec. 2 City Parks and Reeireation Faeffities New Development Impact Fees . 87 (A) Procedural and Administrative Requirements 88 (1) Purpose and Authority 89 (a) The City Commission of the City of Boynton Beach recognizes that growth and development 90 in the City will require that the capacity of the City's public facilities be expanded in order to 91 maintain adequate levels of service, and that without a funded program for public facility 92 improvements, new gxowth and development will have to be limited in order to protect the 93 health, safety, and welfare of the citizens of the City of Boynton Beach. 94 (b) The City Commission has completed a study establishin tg he type, amount, and cost of 95 projected public facility improvements needed to serve new growth and development. 96 (c) The purpose of this Section is to ensure that new growth and development that is approved by 97 the City pays a fair share of the costs of public facilities needed to serve new growth and 98 development. 99 (d) This Section, which requires new development to pay reasonable impact fees, requires new 100 development to pay its pro rata share of the reasonably anticipated expansion costs of new 101 public facilities created by new growth and development, which is the responsibility of the City 102 in order to carry out its Comprehensive Plan, as amended, and adopted under Section 163.3161, 103 et seq., Florida Statutes, and is in the best interest of the public health, safety, and welfare. 104 (e) The City Commission of the City of Boyton Beach has determined that it is in the best economic 105 interests of the citizens of the City to ensure that certain forms of development be exempt from 106 the requirements of payment of certain impact fees. 107 (f) The technical data, findings and conclusions herein are based on the Comprehensive Plan, as 108 amended, and the Technical Report. ;00559100.6306-9001821 1 CODING: Words inr..ar�= type are deletions from the existing law; Words in underscore type are additions. Page 4 of 22 440 109 (2) Adoption of Technical Report as Basis of Impact Fees 110 The City hereby adopts and incorporates by reference, the report entitled "City of Bo, ny ton 111 Beach 2023 Parks and Recreation Impact Fee Study," prepared by Raftelis Financial 112 Consultants, Inc., and dated May 19, 2023 (refeiTed to herein as the "Technical Report), which, 113 among other things, supports the amounts and reasonableness of the impact fees imposed by 114 this Article. 115 (3) Interpretations of Sections and fee schedule. 116 Interpretation of the provisions of this Section shall be made by the City Manager or the City 117 Manager's designee. 118 (4) Effect on other regulations and requirements 119 (a) This Section may not be construed to alter, amend, or modify an oprovision of the Cites 120 LDRs and Code of Ordinances. Other provisions of the City's LDRs and Code of Ordinances 121 shall be operative and remain in full force and effect notwithstanding any contrary provisions, 122 definitions, or intentions that are or may be expressed or implied in this Section. 123 (b) The payment of impact fees shall not entitle the applicant to a building permit unless all other 124 applicable land use, land development, zoning, planning, concurrency, and other applicable 125 requirements, standards, and conditions have been met. Such other requirements, standards, 126 and conditions are independent of the requirement for payment of impact fees required by this 127 Section. 128 (c) This Section, includingthe he specific impact fee ordinances for particular public facilities, shall 129 not affect, in any manner, the permissible use of property, density or intensity of development, 130 design and improvement standards, or other applicable standards or requirements of the LDRs. 131 (B) Definitions 132 Article II, of Part III of the LDRs entitled Definitions and general rules of construction shall apply 133 to this Article. However, the following words, terms, and phrases, when used in this Section, shall 134 have the meanings ascribed to them in this subsection, except where the context clearly indicates a 135 different meaning: 136 Alternate park impactfeeshall mean the alternate to the parks and recreation impact fee 137 pursuant to Section 9 of Article VI of the LDRs. ;00559100.6306-9001821 1 CODING: Words inr..ar�= type are deletions from the existing law; Words in underscore type are additions. Page 5 of 22 441 138 City park system shall include all parks and recreation facilities owned and operated b. the 139 City and designed and intended to serve all City residents, including active parks, passive parks, 140 water access sites, and associated recreational facilities and buildings, but does not include those 141 parks and recreational facilities that are owned and operated by any private entity, the federal 142 government, or Palm Beach County or those parks and recreational facilities that are owned and 143 operated by the State of Florida. 144 Developer shall mean a person, corporation, organization, or other legal _ entity undertaking 145 development. 146 Development shall mean any new residential or nonresidential construction or expansion 147 of building(s) or structure(s), or any changes in the use of any building(s) or structure(s) or land 148 use that will generate additional impact on the Cit public facilities. 149 Encumbered shall mean legallygated or otherwise committed to use by appropriation 150 or contract. 151 Fair share shall mean that share or portion of the cost of public facility improvements 152 which is reasonably connected to, or has a rational nexus with, the need for additional capital 153 facilities and the increased impact generated by the new residential or commercial construction. 154 Fee paver shall mean a person undertakingdevelopment who pays a fair share impact fee 155 in accordance with the terms of this Section. 156 Impact fee shall mean a fee imposed pursuant to this Section. 157 Impact fee account shall mean an account established by the City for the purpose of 158 segregating impact fee revenues collected for a particular public facility from all other City funds. 159 Infrastructure means a fixed capital expenditure or fixed capital outlay, excluding the cost 160 of repairs or maintenance, associated with the construction, reconstruction, or improvement of 161 public facilities that have a life expectancy of at least 5 years; related land acquisition, land 162 improvement, design, engineering,and permitting costs; and other related construction costs 163 required to bring the public facility into service. The term also includes a fire department vehicle, 164 an emergency medical service vehicle, a police department vehicle, and the equipment necessary 165 to outfit the vehicle for its official use. 166 Level of service is a measure of the availability and accessibility of public facilities in 167 support of public facility services. ;00559100.6306-9001821 1 CODING: Words inr,.ar�= type are deletions from the existing law; Words in underscore type are additions. Page 6 of 22 442 168 Non -commencement shall mean the cancellation of construction activity making a material 169 change in a structure, or the cancellation of any other development activity making a material 170 change in the use or appearance of land. 171 Parks and recreation facilities shall mean the land, buildings, structures, equipment and 172 facilities as may be necessary to meet the needs for the City parks and recreation system, which are 173 created by new development, including those costs which are incidental to the above. 174 Parks and recreation facilities capital costs include, but are not limited to, capital costs 175 associated with the planning, design and construction of new or expanded parks and recreation 176 facilities which have a life expectancy of five or more years, and the land acquisition, land 177 improvement, design, and engineering related thereto. Such costs do not include routine and 178 periodic maintenance expenditures or personnel, training, or other operating costs, but do include 179 the followingas s they relate to the provision of parks and recreation facilities: 180 (1) The cost of all labor and materials; 181 (2) The cost of all lands, property, rights, easements and franchises acquired, including costs 182 of acquisition or condemnation, 183 (3) The cost of all plans and specifications; 184 (4) The cost of new equipment; 185 (5) The cost of all construction, new drainage facilities in conjunction with new buildings and 186 structures, and site improvements required in accordance with the Comprehensive Plan 187 and/or LDRs; 188 (6) The cost of relocating utilities to accommodate new construction; 189 (7) The cost of planning, engineeringand nd legal services; 190 (8) The cost of all land surveying, and soils and materials testing; and 191 (9) The cost of mitigating negative impacts of construction including natural resource impacts, 192 environmental impacts, noise impacts, air quality impacts, and community impacts. 193 Public facilities shall mean means major capital improvements, including, parks and 194 recreational facilities. for which impact fees are collected pursuant to this Article. 195 Public facilities capital costs include parks and recreation facilities capital costs. ;00559100.6306-9001821 1 CODING: Words inr..ar�= type are deletions from the existing law; Words in underscore type are additions. Page 7 of 22 443 196 Technical report shall mean the "Cit. of Boynton Beach 2023 Parks and Recreation Impact 197 Fee Stud prepared by Raftelis Financial Consultants, Inc., and da -ted May 19, 2023. 198 (C) Applicability of this Section. 199 (1) Affected area. 200 This Section shall apply to all new development within the City. Impact fees for particular public 201 facilities may apply to less than the entire City, only as indicated specifically in this Section. 202 (2) Type of development affected. 203 Except where specifically. exempt by the provisions of this Section, this Section shall apply to all 204 new development. 205 (3) Tvpe of development not affected. 206 Exemption for governmental or public facilities. Governmental or public facilities are exempt from 207 the requirement that impact fees be paid. 208 (a)Such facilities are those parcels, grounds, buildings or structures owned by municipal, 209 County, State or federal governments, the Palm Beach County School Board or the South 210 Florida Water Management District and related to the operation of those entities and used 211 for governmental purposes including, but not limited to, governmental offices, police and 212 fire stations, airports, seaports, parking facilities, equipment yards, sanitation facilities, 213 water control structures, schools, parks and similar facilities in or through whicheg neral 214 government operations are conducted. 215 (b)This exemption also includes privately -owned properties or facilities that are leased to 216 a governmental entity for the exclusive purpose of establishing a temporary public facility 217 while the permanent public facility is being constructed, provided that impact fees shall be 218 assessed at the time another use is established on such property or in such facility. 219 (c)It is provided, however, the following shall not be considered governmental or public 220 facilities and shall be subject to payment of impact fees: 221 (i)Privately owned properties or facilities leased for governmental operations or 222 activities, except as provided in this subsection; and 223 (ii)Public properties or facilities used for private residential, commercial, or 224 industrial activities. ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 8 of 22 444 225 (D) Collection of impact fees; when not Paid by mistake or inadvertence; liens 226 (1) Collection. Impact fees required by this Section shall be assessed against new development and 227 collected in full at the time of the issuance of a building permit by the City. The City may withhold 228 the issuance of a TCO or CO until the applicant has paid in full the applicable impact fees imposed 229 by this Section. The obligation for payment of assessed impact fees shall run with the land. The 230 City Commission may establish and collect an administrative charge (which will be limited to 231 actual costs) to offset its actual costs of impact fee collection by adoption of a resolution. 232 (2) Collection offees when not paid by inadvertence; liens. If the impact fees are not paid as required 233 by this Section prior to the issuance of a certificate of occupancy because of mistake or 234 inadvertence, the Cit__ shall to collect the impact fees as follows: 235 (a) The City shall serve, by certified mail, return receipt requested, an impact fee statement notice 236 upon the applicant at the address set forth in the application for building pennit, and the owner 237 at the address appearing on the most recent records maintained by the property ppraiser of 238 Palm Beach County. The City also shall attach a copy of the impact fee statement notice to the 239 building permit posted at the affected construction site if the building is under construction. 240 Service of the impact fee statement notice shall be deemed effective on the date the return 241 receipt indicates the notice was received by either the applicant or the owner or the date said 242 notice was attached to the building permit, whichever occurs first. 243 (b) The impact fee statement notice shall contain the legal description of the property and shall 244 advise the applicant and the owner as follows: 245 (i) The amount due and theeg neral purpose for which the impact fee was imposed. 246 (ii) That the impact fee shall be delinquent if not paid and received by the City within 60 247 calendar days of the date the impact fee statement notice is received, excluding the date of 248 receipt, and, upon becomingdelinquent, shall be subject to the imposition of a delinquent 249 fee and interest on the unpaid amount until paid; ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 9 of 22 445 250 (c) That in the event the impact fee becomes delinquent, a lien against the property for which the 251 building permit was secured shall be recorded in the Official Records Book of Palm Beach 252 County. The impact fee shall be delinquent if, within 60 calendar days from the date of the 253 receipt of the impact fee statement notice by either the applicant or the owner, or the date said 254 notice was attached to the building permit, neither the impact fees have been paid and received 255 by the City, nor a hearing requested pursuant to the requirements above. In the event a hearing 256 is requested, the impact fees shall become delinquent if not paid within 30 calendar days from 257 the date the City Commission determines the amount of impact fees due upon the conclusion 258 of such hearing. Said time periods shall be calculated on a calendar day basis, including 259 Sundays and legal holidays, but excluding the date of the earliest receipt of said impact fee 260 statement notice or the hearing date of the City Commission's decision in the event of an appeal. 261 In the event the last day falls on a Sunday or legal holiday, the last due date prior to becoming 262 delinquent shall be the next business day. Upon becomingdelinquent, a delinquency fee equal 263 to ten percent 10%) of the total impact fee imposed shall be assessed. Such total impact fee, 264 plus delinquency fee, shall bear interest at the statutory rate for final judgments calculated on 265 a calendar day basis, until paid. 266 (d) Should the impact fee become delinquent, the City shall serve, by certified mail return receipt 267 requested, a "Notice of Lien" upon the delinquent applicant if the building is under construction 268 at the address indicated in the application for the building permit, and upon the delinquent 269 owner at the address appearing on the most recent records maintained by the Property ppraiser 270 of Palm Beach County. The notice of lien shall notify the delinquent applicant and owner that 271 due to their failure to pay the impact fee, the City shall file a Claim of Lien with the Clerk of 272 the Circuit Court in and for Palm Beach County. 273 (e) Upon mailing of the notice of lien, the City Attorney shall file a claim of lien with the Clerk of 274 the Circuit Court in and for Palm Beach County for recording in the Official Records of Palm 275 Beach County. The claim of lien shall contain the legal description of the property, the amount 276 of the delinquent impact fees and the date of their imposition. Once recorded, the claim of lien 277 shall constitute a lien against the property described therein. The City Attorney shall proceed 278 expeditiously to collect or otherwise enforce said lien. ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 10 of 22 !E,H 279 280 281 282 283 284 285 MR 287 288 289 290 291 292 293 294 (E) 295 296 297 298 299 300 301 302 303 304 (f) After the expiration of six months from the date of recording of the claim of lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. §§173.04 - 173.12, inclusive, which provisions are hereby incorporated herein in their entirety to the same extent as if such provision were set forth herein verbatim. (g) The liens for delinquent impact fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other subsequently filed liens and claims, until paid as provided herein. (h) The collection and enforcement procedures set forth in this Section shall be cumulative with, supplemental to and in addition to, any pplicable procedures provided in any other ordinances or administrative regulations of the City or any pplicable law or administrative regulation of the State of Florida. Failure of the Citv to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any other ordinances or administrative regulations of the City or any applicable law or administrative regulation of the State of Florida. Individual assessment of impact fees. (1) Any applicant prior to or in conjunction with the submission of an application for a building permit or within 30 days of the date of payment of impact fees, may petition the City Manager or City Manager's designee for a determination that: i) the amount of the impact fees imposed on the new development is inappropriate based on the specific land use category applied to the residential or nonresidential development and/or based on the amount of development used to calculate the impact fees and/or based on the service units, as identified in the Technical Report, to be generated by the applicant's new development as documented by studies and data supported by qualified experts, or iil the impact fees are otherwise unlawfully imposed. The petition shall specify in detail the basis on which the applicant asserts that the amount of the impact fees is inappropriate or unlawful. ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 1 1 of 22 447 305 (2) The petition shall be on a form provided by the City and shall, at a minimum, include: identification 306 of the disputed factor(s), a detailed statement asserting the basis for the dispute, the data relied upon 307 by the petitioner, a detailed statement by a qualified professional engineer, planner or other 308 appropriate professional, and, if filed after payment of impact fees, a dated receipt for payment of 309 the impact fees issued by the City's Development Department. The applicant/petitioner shall be 310 responsible for all costs incurred by the City in reviewing and evaluating the petition, including but 311 not limited to, staff time and costs of outside consultants used at the discretion of the City. Failure 312 to timely file a petition for impact fee determination shall waive any right to challenge, review or 313 recalculate the impact fee payment. 314 (3) Within 30 business days of receipt of an individual assessment analysis, the City Manager or City 315 Manager's designee shall determine if the individual assessment analysis is complete. If the City 316 Manager or City Manager's designee determines the application is not complete, they shall send a 317 written statement specifying the deficiencies by mail to the person submittingthe he application. Until 318 the deficiencies are corrected, the City Manager or City Manager's designee shall take no further 319 action on the application. 320 (4) When the City Manager or City Manager's designee determines the individual assessment analysis 321 is complete, they shall review it within 30 business days. The City Manager or City Manager's 322 designee shall approve the proposed fee if they determine that the data, factors, and methodology 323 used to determine the proposed impact fee are professionally acceptable and fairly assess the costs 324 for capital improvements to the City's public facilities systems that are necessitated by the proposed 325 development if the facilities are to be maintained at adopted levels of service. If the City Manager 326 or City Manager's designee determines that the data, factors, or methodology are unreasonable, the 327 proposed fee shall be denied, and the developer shall pay the impact fees according to the schedule 328 established in Section 9 of Article VI of the LDRs or as set by the City Manager or City Manager's 329 designee, if the use had not previously been identified in the fee schedule. 330 (5) Any applicant may appeal the City Manager's or City Manager's designee's decision on an 331 individual assessment analysis filing a petition to the City Commission of the City consistent 332 with subsection 2(J) of Article VI of the LDRs. 333 (F) Credits. ;00559100.6306-9001821 1 CODING: Words in*,.arm= type are deletions from the existing law; Words in underscore type are additions. Page 12 of 22 448 334 (1) Any person who initiates any development may apply for a credit against the impact fees imposed 335 by this Section for any contribution, payment, construction, or dedication of land accepted and 336 received by the City for public facilities, not otherwise required in order to obtain development 337 approval, consistent with the Comprehensive Plan, including all public facilities capital costs. 338 (2) No credit shall exceed the impact fee imposed by this Section for the proposed development, unless 339 the applicant provides public facility capacity in excess of the fair share demand created by its 340 proposed development. 341 (3) Development agreements entered into prior to the adoption of this Section which contained public 342 facility improvements may be entitled to a credit under the provisions of this Section if the 343 improvement is a public facility and is consistent with the Comprehensive Plan. 344 (4) Except as limited above, if an applicant is entitled to a credit, such credit shall be equal to the dollar 345 for dollar value of the cost of the public facilities contributed, paid for, constructed, or dedicated to 346 the City, based on the following criteria: 347 (a) The actual cost, or estimated cost of improvements based on recent bid sheet information of 348 the City; and 349 (b) A qualified appraisal of the fair market value of any land. 350 (5) The property owner shall initiate a determination of entitlement to credit by submitting a proposed 351 credit agreement to the City Manager or City Manager's designee. The credit agreement shall 352 include the following information: 353 (a) A proposed plan of specific public facility improvements, prepared and certified by a duly 354 qualified and licensed Florida engineer, and 355 (b) The estimated costs for the suggested public facilities improvements consistent with the 356 definition of public facilities capital costs, which shall be based on local information for similar 357 public facilities improvements, along with a construction timetable for the completion of such 358 improvements. 359 (6) The proposed credit agreement shall be prepared by qualified professionals in the field of planning 360 and/or engineering, impact analysis, and economics, as related to the particular impact fee to be 361 credited. ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 13 of 22 449 362 (7) Within 30 business days of receipt of the proposed credit agreement, the City Manager or City 363 Manager's designee shall determine if the proposal is complete. if it is determined that the 364 proposed credit agreement is not complete, the City Manager or City Manager's designee shall 365 send a written statement to the applicant outlining the deficiencies. The City Manager or City 366 Manager's designee shall take no further action on the proposed credit agreement until all 367 deficiencies have been corrected or otherwise settled. 368 (8) Once the City Manager or City Manager's designee determines the credit agreement is complete, 369 they shall review it within 30 business days, and shall recommend to the City Commission that the 370 proposed credit agreement be approved if it is determined that the proposed public facility 371 improvement is consistent with the Comprehensive Plan, and the proposed costs for the suggested 372 public facility improvement are professionally acceptable and fairly assess the cost for the capital 373 improvement. If the City Manager or City Manager's designee determines that either the suggested 374 public facilities improvement is not consistent with the Comprehensive Plan or that the proposed 375 costs are not acceptable, they shall propose a suggested public facility improvement similar to that 376 proposed, but consistent with the provisions of this Section. 377 (9) If the proposed credit agreement is approved by the City Commission, a credit agreement shall be 378 prepared and signed by the applicant and the City. The credit agreement shall specifically outline 379 the public facility improvement that will be constructed by the applicant, the time by which it shall 380 be completed, and the dollar credit the applicant shall receive for construction of the public facilities 381 improvement. 382 (10) Within 14 days after execution by the City, the credit agreement shall be recorded in the Palm 383 Beach County public records. 384 (11) If the City increases its impact fee rates, the holder of any impact fee credits, whether such credits 385 are granted under F. S. §§ 163.3180 or 380.06, or otherwise, which were in existence before the 386 increase, is entitled to the full benefit of the intensity or density prepaid by the credit balance as of 387 the date it was first established. This subsection (F) shall operate prospectively and not 388 retrospectively_ 389 (12) Impact fee credits are assignable and transferable at any time after establishment from one 390 development or parcel to any other within the City and which receives benefits from the 391 improvement or contribution that generated the credits. 392 (G) Use of funds collected; impact fee accounts. ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 14 of 22 450 393 (1) Impact fees collected pursuant to this Section shall be used solely for the purpose of acquisition, 394 expansion, and development of the public facilities identified in the Comprehensive Plan, the need 395 for which results from and the provision of which will benefit new development paying impact 396 fees. Allowable expenditures include, but are not limited to: 397 (a) Public facilities and public facilities capital costs identified in the Comprehensive Plan to 398 benefit new users; 399 (b) Repayment of monies transferred or borrowed from any bud City fund of the Cityfund of the City which were 400 used to fund the acquisition, expense and development of the public facilities identified in the 401 Comprehensive Plan where the use of the monies is reasonably connected to, or has a rational 402 nexus with, the increased impact on the public facilities generated by the new residential or 403 nonresidential construction; 404 (c) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or 405 other indebtedness issued by the City provide funds for acquisition, expansion and 406 development of public facilities identified in the Comprehensive Plan; 407 (d) Administration of the City's impact fee program to the extent that such administration costs do 408 not exceed actual costs of such administrative activities. 409 (2) Impact fees collected shall be encumbered for the construction of public facilities within seven 410 years of the date of collection. 411 (3) In order to ensure that impact fee revenues are earmarked and spent solely for the expansion of 412 public facilities necessary to offset the impacts of new development, the following provisions 413 apply: 414 (a) The City shall establish and maintain separate impact fee accounts for each public facility for 415 which an impact fee is collected, in accordance with the provisions of this Section. 416 (b) Impact fees shall be spent solely for the public facilit,y category for which they were collected. 417 (c) Any amounts in an impact fee account not immediately necessary for expenditure shall be 418 invested in an interest bearing account and all interest income derived from such investments 419 shall be deposited in the impact fee account. 420 (4) Impact fee revenues shall remain segregated from other City funds and only impact fees and 421 accrued interest shall be maintained in the impact fee accounts. ;00559100.6306-9001821 1 CODING: Words in*,.arm= type are deletions from the existing law; Words in underscore type are additions. Page 15 of 22 451 422 (5) Amounts withdrawn from an impact fee account must be used solely in accordance with the 423 provisions of this Section. Amounts on deposit in an impact fee account shall not be used for any 424 expenditure that would be classified as a maintenance, operations, or repair expense or to address 425 existing deficiencies in public facilities. 426 (H) Refunds. 427 (1) Any impact fee collected may be returned to the fee paver if the approved development is canceled 428 due to non -commencement of construction before the funds have been spent or encumbered. 429 Refunds may be made in accordance with this Section provided the present owner of the approved 430 development files a petition for a refund within six months from the date of non -commencement. 431 (2) A refund application shall include the following information: 432 (a) A notarized sworn statement that the fee payer paid the impact fee for the property and the 433 amount paid; 434 (b) A copy of the dated receipt issued by the City for payment of the fee; 435 (c) A certified copy of the latest recorded deed for the property; and 436 (d) A copy of the most recent ad valorem tax bill. 437 (3) Within fifteen (15) business days of receipt of a refund application, the City Manager or City 438 Manager's designee shall determine if it is complete. If the City Manager or City Manager's 439 designee determines the refund application is not complete, they shall send a written statement 440 specifying the deficiencies by mail to the person submitting the refund application. Unless the 441 deficiencies are corrected, the City Manager or City Manager's designee shall take no further action 442 on the refund application. 443 (4) When the City Manager or City Manager's designee determines the refund application is complete, 444 they shall review it within thirty (30) business days, and shall approve the proposed refund if they 445 determine that the City has not spent or encumbered an impact fee within seven (7) years from the 446 date the fees were paid. 447 (5) When the refund application is approved, the money shall be returned with interest actually 448 accrued, less any administrative charges (which will be limited to actual costs) paid to offset the 449 City's costs of collection. ;00559100.6306-9001821 1 CODING: Words int farm= type are deletions from the existing law; Words in underscore type are additions. Page 16 of 22 452 450 (6) Any fee payer may appeal the City Manager's or City Manager's designee's written decision on a 451 refund application b,, filing a petition with the City Commission consistent with subsection 2O of 452 Article VI of the LDRs. 453 (1) Uudating, indexing, annual reporting, and audits. 454 (1) At least once every five years, the City shall update the Technical Report which provides the basis 455 for the impact fees imposed under this Section. 456 (2) Audits of the City's financial statements, which are performed by a certified public accountant 457 pursuant to F.S. §218.39, and submitted to the auditor general, must include an affidavit signed _ by 458 the Finance Director, in compliance with the requirements of F.S. §163.31801. The City will 459 provide for annual accountingand nd reporting of impact fee collections and expenditures and will 460 account for the revenues and expenditures of such impact fee in a separate accounting fund. 461 (3) All updates and annual adjustments to this Section shall comply with statutory requirements for 462 notice and publication. 463 (J) Appeals. 464 (1) Initiation. A fee paver may appeal a final decision of the City Manager made pursuant to this 465 Section or any provision of this Section to the City Commission, by filing an appeal, in writing, 466 with the City Clerk, within twenty (20) calendar days of the decision. The appeal shall include a 467 written notice stating and specify briefly riefly the grounds of the appeal. The City Clerk shall place 468 the appeal on the City Commission's agenda for a regularly scheduled meeting or a special meeting 469 called for that purpose, and forward the record of the matter that is on appeal to the City 470 Commission. 471 (2) Record. The record considered by the City Commission shall be the record of the application 472 associated with the final decision being appealed from and any other documents related to the 473 decision. 474 (3) Notice. The City Clerk shall provide the applicant at least fifteen (15) calendar days notice of the 475 Appeal before the City Commission by mail or hand delivery. ;00559100.6306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 17 of 22 453 476 (4) Hearing on Appeal. At the hearing on the appeal, the City Commission shall provide the appellant 477 an opportunity to identify the grounds for the appeal and the basis for the City Manager's alleged 478 error on the decision, based on the record. To the extent relevant, the City Manager whose decision 479 is being appealed from shall be allowed to respond, based on the record. After the presentations, 480 the City Commission may hear from any other person(s) it deems appropriate, and then based on 481 the testimony heard at the hearing and the record affirm, modify, or reverse the decision of the City 482 Manager or the provision of this Section. 483 (5) Standards. To reverse a decision of a City official, the City Commission shall find that there is a 484 clear and demonstrable error in the application of the facts in the record to the applicable standards 485 set forth in this Section. If the City Commission reverses or modifies the decision, it shall provide 486 the City official clear direction on the proper decision. In no case shall the City Commission have 487 the authority t�gotiate the amount of the impact fees or waive the impact fees otherwise specified 488 in this Section. The decision of the City Commission shall be final. 489 (6) Form ofDecision. The City Commission's decision on the appeal shall be in writing, and include 490 findings of fact and the application of those facts to the relevant standards. 491 Section 4: Part III, Land Development Regulations; Chapter 2, Land Development Process; 492 Article VI, Section 9 entitled "Imposition of impact fees" of the Code of Ordinances of the City of Boynton 493 Beach, is created as follows: 494 495 496 497 498 499 500 501 Sec. 9. Imposition of impact fees. The following impact fees are hereby levied on all new development, as set forth in Section 2(C) of Article VI of the LDRs: Type of Dwelling Unit Impact Fee Per Dwelling Unit 10-16-2023 Impact Fee Per Dwelling Unit 10-16-2024 Single Familper Unit $1,920.00 $2,560.00 Dwellings w/ 2-4 Units $1,725.00 $2,299.00 Multifamily 5+ Units $1,436.00 $1,914.00 (1) Parks and recreation impact fee. (a) A parks and recreation impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this Article, in accordance with the fee schedule. (b) There is hereby established a parks and recreation impact fee account into which all parks and recreation impact fees collected shall be deposited. Parks and recreation impact fee revenues :00559100.6 306-9001821 1 CODING: Words in*..arm= type are deletions from the existing law; Words in underscore type are additions. Page 18 of 22 454 502 shall be spent only on parks and recreation facilities and parks and recreation facilities capital 503 costs as provided in this Section. 504 (c) Alternate to parks and recreation impact fee: 505 (i) Land Donation in lieu of impact fee. Some or all of the park and recreation facilities impact 506 fee obligation may be satisfied by dedication of land to the city for park and recreation 507 facilities. The process of donation may be initiated b.. t�pplicant or the city pon the 508 formal filing of a development application and prior to the completion of staff reviews. 509 When staff anticipates the need for a land dedication in lieu of an impact fee, staff shall 510 notify the property owner/applicant at the pre -application conference. Staffs notification 511 to the property owner/applicant shall include a statement that only the City Commission 512 has the authority to decide when a land dedication will be required in lieu of the payment 513 of the impact fee. In either case, the decision to accept land in lieu of a fee is reserved to 514 the City Commission. 515 (ii) Master or Site Plan. When either an applicant or the city proposes a land dedication in lieu 516 of all or part of the required cash fee, the applicant shall submit to the Director of Parks 517 and Recreation a proposed plan for the dedication of land for impact fee satisfaction. The 518 proposed plan shall include a legal description of the land and a written appraisal of the 519 land, alongwith ith a proposed date for the donation of the land. Upon receipt of the proposed 520 plan, the Director of Recreation and Parks shall schedule a hearing before the City 521 Commission and provide the applicant with written notice of the time and place of the 522 hearing. Such hearing shall be held in accordance with the City Commission rules for 523 conducting quasi-judicial hearings. The City Commission, following a written 524 recommendation from the Director of Parks and Recreation and the City Manager, shall, 525 following the public hearing determine whether it shall require a land dedication in lieu of 526 a fee by consideration of the following_ 527 (1). Suitability. The land should be suitable for future park and recreation facilities based 528 upon the size, shape, topography, geology, access and location of the proposed 529 development; ;00559100.6306-9001821 1 Page 19 of 22 CODING: Words in swar 4wou type are deletions from existing law; Words in underlined type are additions. 455 530 O. No Defects. The land must have no known physical or environmental problems such 531 as with drainage or flooding, or on-site safety hazards associated with it; and 532 (3). Consistency. The location of the land and its potential for development should be 533 consistent with the city's Recreation and Parks Strategic Plan 534 (iii) Approval. Nothing contained herein should be construed to prevent the City Commission 535 from exercising its authority to decline the donation of land as partial or full satisfaction of the 536 parks and recreation impact fee. 537 (iv) Fair Market Value. The fair market value of said land dedicated in lieu of a cash fee will 538 be credited to the applicant against the impact fee as set forth in this section. If the fair market 539 value exceeds the applicant's impact fee obligation, the reimbursement will be made to the 540 applicant by direct cash payment from the trust fund. 541 (v) Appraisal. The value of the proposed land to be dedicated shall be based upon a written 542 appraisal of fair market value by a qualified and professional appraiser, and based upon 543 comparable sales of similar property between unrelated parties in a bargaining transaction, if 544 available. The appraiser must: be a Member of the Appraisal Institute (M.A.I.); have his or her 545 principal office for business in Martin, Palm Beach or Broward County; and have been 546 qualified to testify as an expert on land valuation in a court proceeding in at least three (3) legal 547 proceedings involving a governmental entity. The fee of the appraiser shall be paid by the 548 applicant when a dedication in lieu of a cash fee is requested b.. the he applicant and by the city 549 when the dedication in lieu of a cash fee is initiated by the city. 550 Section 5: Codification. It is the intention of the City Commission of the City of 551 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made 552 a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this Ordinance 553 may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section," "Article," or such 554 other word or phrase in order to accomplish such intention. ;00559100.6306-9001821 1 Page 20 of 22 CODING: Words in swar 4wou type are deletions from existing law; Words in underlined type are additions. 456 555 Section 6: Severability. If any clause, section, or other part of this Ordinance shall 556 be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 557 invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of 558 this Ordinance. 559 Section 7: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or parts 560 of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 561 Section 8. Effective Date. That this Ordinance shall take effect 90 days after adoption and 562 signature by the Mayor. 563 564 (Remainder of the Page intentionally left blank) 565 ;00559100.6306-9001821 1 Page 21 of 22 CODING: Words in stfike 4woug h type are deletions from existing law; Words in underlined type are additions. 457 S66 FIRST READING this 20th day of June, 2023. 567 SECOND, FINAL READING AND PASSAGE this day of , 2023. 568 CITY OF BOYNTON BEACH, FLORIDA 569 570 571 572 573 574 575 576 577 578 579 580 581 582 ATTEST: 583 584 585 586 Maylee DeJesus, MMC 587 City Clerk 588 589 590 (Corporate Seal) 591 592 593 594 ;00559100.6306-9001821 1 YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner — Woodrow L. Hay Commissioner —Angela Cruz Commissioner — Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 22 of 22 CODING: Words in swar 4wou type are deletions from existing law; Words in underlined type are additions. 458 mIllmoull"moll FEEN INNEE/01 % l IIIIII Ills rid h Final May 19, 2023 111411° A T E ............ 459 VIII :A F VIII VIII May 19, 2023 Honorable Mayor and Members of the City Commission City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Subject: Parks and Recreation Impact Fee Study Ladies and Gentlemen: We have completed our study of the parks and recreation impact fees for the City of Boynton Beach (City) and have summarized the results of our analysis, assumptions, and conclusions in this report, which is submitted for your consideration. This report summarizes the basis for the proposed impact fees in order to provide funds to meet the City's capital expenditure requirements for such services allocable to new development. During the course of the study, it was determined that the proposed impact fees should meet a number of goals and objectives. These goals and objectives primarily deal with fee sufficiency and level. Specifically, the major objectives considered in this study include: r The Impact Fees should be sufficient to fund the capital requirements associated with providing service to new development based on the recently completed parks and recreation master plan; r The Impact Fees should not be used to fund deficiencies in parks and recreation capital needs, if any; and The Impact Fees should be based upon reasonable level of service standards, which meet the needs of the City and are similar to industry standards. The proposed impact fees presented in this report should meet the above objectives, as identified during this study. As such, based on information provided by the City and the assumptions and considerations reflected in this report, Raftelis Financial Consultants, Inc. (Raftelis) considers the proposed fees to be cost -based, reasonable, and representative of the funding requirements of the City. (Remainder of page intentionally left blank) 3�411 1119 II allU airupl Nivenue, Sultia 300, 11A.,,alU aund, II"':II32751 vaauarwi afillelllia„a.a,w,o a 460 Honorable Mayor and Members of the City Commission City of Boynton Beach May 19, 2023 Page 2 We appreciate the cooperation and assistance given to us by the City and its staff in the completion of the study. Very truly yours, RAFTELIS FINANCIAL CONSULTANTS, INC. Henry L. Thomas Vice President Shawn A. 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PARKS AND RECREATION FACILITIES IMPACT FEE ASSUMPTIONS ............................................... 3-4 IMPACT FEE CALCULATION.................................................................................................................. 3-5 ll:llll „r of Ill�lll�aymm�toiiim Illlliii?,im'r�;!h / I ::1,k , and laecn, :!', fnnr�i Ilrr7pni t S1ywly'I �flhlkioft ciriforfls 462 Section p City Den°jog aplsics: 2-1 Population and Housing Forecast Section 3 Parts and Ilecreation Sei,vi e Inip ct Fei:, mAn sly s:is: 3-1 Inventory of City Parks and Recreation Facilities 3-2 Summary of Existing City Investments in Parks and Recreation 3-3 Summary of Capital Projects to Improve and Expand Parks and Recreation Facilities 3-4 Design of Parks and Recreation Impact Fee 3-5 Parks and Recreation Impact Fee Comparison Appendices: A Florida Impact Fee Act B Functional Allocation of Existing Capital Equipment, Vehicles, and Facilities l'diilni, of 111111a ,loin Illl311?,i! :h ard ocrinafieriIln7q;mcr e 1iich, 463 Ixec1I(f ..`f1 S . mn'. lacy` The purpose of an impact fee is to assign, to the extent practical, growth -related capital costs to the new development responsible for such costs. To the extent new population growth and associated development imposes identifiable capital costs to municipal services, equity and modern capital funding practices suggest the assignment of such cost to those new residents or system users responsible for such costs. The City of Boynton Beach (City) has recognized this capital funding strategy as being an appropriate method of funding the certain growth -related capital requirements of the City. This report addresses the impact fees associated with parks and recreation capital facilities. Raftelis Financial Consultants, Inc. (Raftelis) was retained to review and develop proposed fees, as appropriate. Based on the subsequent discussions in this section, the following table summarizes the City's existing fees (effective from 2013) and the proposed impact fees for the single-family residential classification as follows: Single Family, Detached or Attached Dwellings in Buildings Containing Two to Four Units Multi -Family (Dwellings Containing Five or More Units) Existing Fees Proposed Fess $875.00 $2,560.00 678.00 2,299.00 595.00 1,914.00 A comparison of the City's existing and proposed single-family residential impact fees levels to other local municipalities is shown below for informational purposes. Parks and Recreation Impact Comparison S:u,P !?.Of> C G" 'r..j.,...... tN7 C 4r C 1[]. L.0 % �,�, � ��o No ■ ■ �;. ,•`� .7.i� Cbz 0 4��i 4 v" w�' "t�, � �� "�� u 4 P� Vii �� ✓�'r v him i agA�: i't[W.i41. 4 Mu -r Fbnida 0 ... an4 ,Nf ' Ae p, 11:Illy ollll Ill,1lllaprrmU�auia Illlp1ii?,iaa!r�!:m / r,rri" ,sari, ecri!rmbnn IIrnq:md Liu: y 464 As shown on the previous page, the City's calculated impact fees are comparable to the impact fees charged by other Florida communities surveyed. II.3f"ffls r.13.f: C11I:3I111111"1C'fl 13. 1 .1I3. The following is a summary of our observations and recommendations following the investigations and analyses included in the preparation of this report: L The impact fees must be reasonably related to the cost of providing capital facilities / equipment needed to accommodate new growth. The impact fees collected must be used by the City to address the capital costs related to serving new development. Based on the information made available by the City, the proposed impact fees are intended to meet these Florida legal requirements. ,. Pursuant to Florida Statutes Section 163.31801, the City must provide notice no less than 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. 3, Collection of the fee may not be required before the issuance of the building permit. 1, In compliance with Florida Statutes the City should collect and maintain revenue from the municipal fee in designated sub -accounts and use such fees on those facilities designated for each purpose. 5, The City should adopt the impact fees as proposed to ensure adequate funding sources are available to fund future service expansion projects needed to provide the identified level of service to new growth. 6), Pursuant to Florida Statutes Section 163.31801, the City must comply with the legal and procedural requirements for adopting a fee increase either based on the phasing requirements as detailed in the Statutes or through the extraordinary circumstance provisions outlined in the Statutes. The fees developed within this report reflect recovery of identified costs though the City has discretion to phase in or otherwise adopt less than the fully calculated fees. However, the adoption of fees less than the fully calculated rates should be applied to all land uses equally in order to maintain the calculations herein in correct proportion. Adopting less than the calculated rates would increase the reliance on General Fund and other revenue sources to meet the capital demands of growth. The subsequent sections of this report provide detailed discussions on the assumptions and methodology used in the development of the proposed impact fees for parks and recreation services. (Remainder of page intentionally left blank) � nib � IIl�II6; m m;: ui Illl iii :� r�� m / r,�r°h : rw� II �!:��,,„f��7ri Ilrrlq;r, A e "�1�„;�:�^��,� 465 .: roduct lam. The City of Boynton Beach (City) is located in Palm Beach County (County) north of Miami and south of West Palm Beach. The City comprises approximately 17 square miles and provides parks and recreation facilities to year-round and seasonal residents. Based on the published U.S. Census in 2020, the City's permanent population was 80,380. Based on historical growth trends discussions with the City's Planning Department, the estimated 2022 permanent population was approximately 81,900 with an additional seasonal population of about 8,000. It is anticipated that the City will have modest growth over the next 30 years with the City's permanent population projected to reach 96,000 with approximately 39,800 housing units by 2050 (Forecast Period). In order to meet this anticipated growth and development and to maintain current levels of service, the City's Parks and Recreation Department will need to fund capital improvements to serve such development. The City's Parks and Recreation Impact Fees were last updated in 2013. Impact fees need to be reviewed periodically to ensure that such fees reflect current actual investments made to serve growth, and to adequately reflect additional needs required to service new developments. Therefore, the City authorized Raftelis to evaluate the existing parks and recreation impact fees and develop proposed fees for consideration. . 1 tb r1 za ti 1 . Raftelis was authorized by the City to evaluate and develop parks and recreation impact fees pursuant to an agreement between the City and Raftelis. The scope of work for this project, as defined in the agreement, was to: Review and analyze the capital requirements of the City that are needed to meet the level of service standards for the parks and recreation function. This analysis includes a review of i) the existing and future facility and equipment inventory of the department; ii) service area population and development demographics and future needs; and iii) fee application methodology. Where appropriate, develop a fee to be charged to new development in order to recover the capital costs associated with providing municipal parks and recreation services. This analysis includes the apportionment of costs among customer / development classifications, and the development of the fee per equivalent billing unit. Develop a comparison of parks and recreation impact fees and associated billing attributes for similar charges imposed by other neighboring jurisdictions. Prepare a report that documents our analyses, assumptions, and conclusions for consideration by the City Manager and City Commission. Criteria fine lrty�pliacl Fees The purpose of an impact fee is to assign, to the extent practical, growth -related capital costs to those new customers that benefit from the facilities funded by such expenditures. To the extent new population growth 11:Illy of IllIlll�oymm�toin Il111311?,i! c::h aird I ocri!abbri IIrr�7q;m 9 e 1ii,:h, :,e , tion .Y Ir7U°,xfiswbnr`i I 1-1 E W and associated development imposes identifiable capital costs to municipal services, equity and modern capital funding practices suggest the assignment of such costs to those new residents or system users responsible for such costs rather than the existing population base. Generally, this practice has been labeled as "growth paying its own way." Historically, impact fees in Florida were a result of home rule powers with the requirements associated with the development, administration, accounting, and expenditure governed by case law. However, Section 163.31801 of the Florida Statutes, known as the "Florida Impact Fee Act," was created on June 14, 2006, which placed specific requirements and limitations on that home rule authority. This statue has been amended several times since its initial adoption, including significant additional provisions in 2021 such as limiting the percentage increase for a change in impact fees. Appendix A at the end of the report includes the full Florida impact fee statute. The statute provides specific impact fee criteria, certain precedents established by case law also constitute the legal requirements associated with impact fees. Some of the major criteria includes the following: The impact fee should be reasonably equitable to all parties; that is, the amount of the fee must bear a relationship to the demand for services; The system of fees and charges should be set up so that there is not an intentional windfall to existing users; The impact fee should, to the extent practical, only cover the capital cost of construction and related costs thereto (engineering, legal, financing, administrative, etc.) for increases in or expansions of capacity or capital requirements for major facilities that are required due to growth. Therefore, expenses due to normal renewal and replacement of a facility (e.g., replacement of a capital asset) should be borne by all users of the facility or municipality. Similarly, increased expenses due to operation and maintenance of that facility should be borne by all users of the facility; and , The local government must adopt a revenue-producing ordinance that explicitly sets forth restrictions on revenues (uses thereof) that the imposition of the impact fee generates. Therefore, the funds collected from the impact fees should be retained in a separate account, and separate accounting must be made for those funds to ensure that they are used only for the lawful purposes described. Based on the criteria provided above, the impact fees herein will: i) include local current costs of improvements associated with the capacities needed to serve new growth; ii) not reflect costs of improvements associated with the renewal and replacement (R&R) of existing capital assets or deficiencies in level of service attributed to existing development; and iii) not include any costs of operation and maintenance of the capital improvements and equipment. This section provides only a general background regarding impact fees. Certain circumstances and issues regarding the interpretation of specific statutes or case law should be addressed by qualified legal counsel. IlNt�lp of II11,,,lo„ mm�toin Illy ,i!c:;:gym/ I1,rr1 ,aird I inr�nrrmbi in Ilinl nd e ::,e, Uori 'Y rr1r°,r+fis"Urnr�i 1, 467 There are different methods for the calculation of an impact fee. The calculation is dependent on the type of fee being calculated (e.g., recreational services, transportation, etc.), cost and engineering data available, and the availability of other local data such as household and population projections, current levels of service, and other related items. The proposed fees reflected in this report are predominantly based on a combination of two methods. These two methods were: i) the improvements -driven method; and ii) the buy -in or recoupment approach. These methods have been utilized in the development of impact fees for local governments throughout Florida. The improvements -driven method is an approach that utilizes a specific list of existing or planned capital improvements over a period of time. For example, the fee may correspond to the level of capital improvements that have been identified in the capital improvements element of the Comprehensive Plan or capital improvement budget of the entity. The buy -in or recoupment method is based on the historical cost of assets, and adjustments to the basis of these assets, currently in service and with capacity available to serve new growth. The primary difference between the two methodologies is how the capital costs, which must be recovered from the application of the fee, are calculated. The proposed impact fees herein for the parks and recreation services include the application of these methods based on the capital facilities required to provide such services and meet the City's service level standards. For parks and recreation services these level of service (LOS) standards can vary significantly by community as each municipality establishes its unique vision for the quality of life. Where appropriate, the blending of methods occurred and a more complete discussion of the methods used for the development of the impact fees are presented in Section 3. Summary y I e3f1'rt In addition to Section 1, this report has been subdivided into two (2) other sections. The following is a brief discussion of the remaining sections included in this report. Section 2 — City Demographics. This section of the report provides a general discussion of the residential land use characteristics. Also presented in this section is the forecast of the residential population and dwelling units that are necessary in the design of the impact fees for the municipal services. Section 3 — Parks and Recreation Facilities Impact Fee Analysis. This section discusses the development of the recreation impact fee, including the capital requirements associated with providing parks and recreation facilities to the City's residents, the methodology for the determination of the proposed fees, assumptions utilized in the design of the fees, and other factors associated with the fee determination. (Remainder of page intentionally left blank) 11:Illy of IllIlll�oymm�toin Il111311?,i!c::h aird IRon°r:abnn IIrr�ip; lc 9 e 1ii,:h, ,. ,7l.e11161111), This section provides a general discussion of the current service area, including population and housing statistics and other demographic information related to land use. Additionally, a discussion of the anticipated growth in population and associated growth in residential dwelling units is also contained in this section. A forecast of the population of the City is needed in order to: i) have an appropriate planning horizon to ensure that capital improvement needs and costs are apportioned over a suitable growth segment; ii) link LOS requirements to the capital facility plan; and iii) identify any deficiencies in existing capital facilities related to the LOS standards and current population served. As shown in Table 2-1 at the end of this section, the City's total estimated population is 81,873 in 2022. Based on information provided by the City, it is estimated that the total population will approach approximately 88,578 permanent residents by 2023 and 96,038 residents by the year 2050. Thus, the population growth anticipated by the City is expected to be moderate, approximately 0.8% on an average annual basis through the year 2032 and then conservatively by 0.5% percent through the year 2050. [1] Future population estimates shown based on a review of historical population growth as obtained from the U.S. Census Bureau and discussions with City staff. To the extent the projection of future development materially changes, it would then be appropriate for the City to re-evaluate the impact fees developed in this report. (Remainder of page intentionally left blank) 11t:Illy of IllIlll�oyntoin Il111311?4!r�::: m aird I ecn!a„f nnIIrr�7q;mc� I Ice Li61, HM ' Total Permanent Avg. Permanent Permanent Seasonal and Seasonal Total Population per Year Population Population Population Dwelling Units Dwelling Unit [A] [Bl =[A]/[B] 2022 [1] 81,873 8,024 89,897 33,943 2.41 2025 83,614 8,194 91,808 34,665 2.41 2030 87,549 8,580 96,129 36,296 2.41 2032 88,578 8,681 97,259 36,723 2.41 2035 90,144 8,834 98,978 37,372 2.41 2040 92,380 9,053 101,433 38,299 2.41 2045 94,207 9,232 103,439 39,057 2.41 2050 96,038 9,412 105,450 39,816 2.41 [1] Future population estimates shown based on a review of historical population growth as obtained from the U.S. Census Bureau and discussions with City staff. To the extent the projection of future development materially changes, it would then be appropriate for the City to re-evaluate the impact fees developed in this report. (Remainder of page intentionally left blank) 11t:Illy of IllIlll�oyntoin Il111311?4!r�::: m aird I ecn!a„f nnIIrr�7q;mc� I Ice Li61, HM ' In order to develop recreational impact fees based on the type of residential properties to estimate the impact on recreational facilities, Raftelis evaluated the existing residential units within the City. Based on the historical relationships of persons per dwelling unit for single-family and multi -family property types used in the existing fees as well as revised population and unit data from the Census Bureau an estimate of persons per unit was developed and is shown below. Single-family, Attached or Detached Persons per Household — 2.63 r Dwellings in Buildings Containing Two (2) to Four (4) Units — 2.36 r Multi -Family (Dwellings Containing Five [5] or More Units) —1.97 (Remainder of page intentionally left blank) IlNttjhp of 1:,:11o, mm�toin Illy ,i!c:;:gym aird IRS c'i!afinn Ih�7pld I Ice Ui61, ;e a 1i,;rr'r ^,i1v f::!Ieaiogi'qp�hk_s' I 2,��, 470 Page 1 of 1 Section 2 City of Boynton Beach, Florida Parks and Recreation Impact Fee Study List of Tables Table Description 2-1 Population Detail and Housing Elements 471 Annual Line Average No. Fiscal Year Rate 1 2022 1.16% 2 2025 0.70% 3 2030 0.92% 3 2032 0.59% 4 2035 0.59% 5 2040 0.49% 6 2045 0.39% 7 2050 0.39% 8 Overall 2022 - 2050 0.57% Footnotes Page 1 of 1 Table 2-1 City of Boynton Beach, Florida Parks and Recreation Impact Fee Study Population Detail and Housing Elements Permanent Seasonal Total Total Avg. Permanent Population [1] Population [1] Population Units [2] Pop. per Unit [A] [B] =[A]/[B] 81,873 8,024 89,897 33,943 2.41 83,614 8,194 91,808 34,665 2.41 87,549 8,580 96,129 36,296 2.41 88,578 8,681 97,259 36,723 2.41 90,144 8,834 98,978 37,372 2.41 92,380 9,053 101,433 38,299 2.41 94,207 9,232 103,439 39,057 2.41 96,038 9,412 105,450 39,816 2.41 [1] Population Projections based on discussion and information provided by the City's Planning Department. [2] Estimates as obtained fi-om the Us Census Bureau and information provided by the City. 472 SECTION 3 — PARKS AND RECREATION FACILITIES IMPACT 99 / 9 i ANALYSIS This section provides a discussion of the development and design of the proposed impact fee for Parks and Recreation services. Included in this section is a discussion of the City's adopted level of service (LOS) standards, recommended LOS changes based on the recently completed Parks System Master Plan, and related capital costs included as the basis for the fee determination, and the design of the fee to be applied to new growth within the City. ....m el 0.: iD N.. , St;,,In. ar.ills As outlined in the City's Comprehensive Plan and Parks System Master Plan, the City has adopted Level of Service (LOS) standards for recreational facilities and activities. With respect to open and developed space, the City has an adopted recreational open -space LOS standard of two and a half (2.50) acres per 1,000 residents. The City currently owns and maintains an inventory of parks and provides a level of service of approximately 3.90 acres per 1,000 residents, which exceeds its currently adopted standard of 2.50. However, as a result of the recently completed Parks System Master Plan the City has identified a proposed future community goal to increase its level of service to up to six (6.00) acres per 1,000 residents. For the purposes of the impact fee analysis, it has been assumed that the level of service will increase over the forecast to 4.00 acres per 1,000 as a part of achieving that goal. The fees in this report are therefore based on this 4.00 acres per 1,000 residents level of service standard. A summary of the City -owned and -operated parks (existing and under development) is summarized on Table 3-1. The City's current inventory includes 319.58 acres including neighborhood parks, community centers, greenways, conservations lands, and more. Table 3-2 provides a detailed listing of the City's current investment in the parks, including land, improvements, facilities, and equipment, which total approximately $42.2 million. The current surplus in terms of the acres the City owns compared to the level of service requirement for acres is shown below as follows: Estimated Population 2022 Existing Level Of Service Required Acres Current City Inventory Surplus/(Deficiency) 81,873 2.50 Acres per 1,000 Population 204.68 Acres 319.58 Acres 114.90 Acres It should also be noted that as the City's population grows over time and the level of service target increases the City has plans for the acquisition of additional land at multiple sites that will go towards maintaining and increasing the provided parks and recreation LOS throughout the forecast window through 2050. It is important to note though that the existing population should pay for its share of increasing the LOS and, therefore, the costs associated with increasing from the currently provided LOS of 3.9 acres per 1,000 residents to 4.0 acres per 1,000 residents have not been included in the fee proposed calculations. ilip 11:Iii rior`i 3 D,^IfR'w ,rciHq ,i , Ilt^;�p, e A��7�fl ,a , 13.r �� ni,� �� IIl�II6�:��rmm��m�:�ui� Illl��ii�r��r�;,�m l I r,rr°1� , ,�.ar�7x� I rd,�,°�,!,�fn�ri Il r'r�7q;,�r� B I :::Ice 1iA+:��+,✓ sei: 473 In the determination of the fee, the historical costs of the existing assets and any grant funding for those assets were considered. The City's existing assets are categorized by type and are summarized below. Description Historical Cost Assets Included in Fee Calculation: Machinery and Equipment $340,305 Major Vehicles and Vehicle Related Equipment 118,681 Facilities and Other Major Capital Equipment 41,783,162 Subtotal $42,242,148 Assets Excluded From Fee Calculation: Machinery and Equipment/Major Vehicles ($458,986) Grant Funded Recreation Assets (1,214,250) Subtotal ($1,511,736) Total Existing Net Investment in Parks and Recreation $40,568,912 [1] Amounts as shown on Table 3-2. As shown above, of the $42,242,148 in recreational assets, $40,568,912 is included in the calculation of the impact fee. . mprovement P . In the determination of the fee, the following multiyear capital improvement plan was provided by the City and its recreation consultant for this project. Along with the City's existing investment in recreation assets this capital improvement plan is anticipated and designed to provide recreation services to the City's "buildout" dwelling unit level and achieve the enhancements to the identified level of service standards. The City's capital improvements were categorized into three main categories which are summarized below. Description City CIP Planned Near Term Projects Amount $15,450,566 Master Plan Public Land Acquisition Projects 11,830,000 Master Plan Development of New Parks and 76,070,000 Recreation Facilities Projects Subtotal $103,440,566 [1] Amounts as provided by City staff and are shown on Tables 3-3 and 3-4. The City's $15,450,566 in planned near term CIP projects were then reviewed and functionalized to estimate what portion of this planned future investment can be included in the fee calculation. Approximately $9.1 Cliitni of IIIVI��,:�myntm� in Illlt�ii,��ch/Irmks,,ind I�ecrewi, inri Ilinq:ncr I � ��,;�,�1�a+:3�,�,�� ,,,��fior�i 3 o,'�"�Ii'w' I ,ir�egi1,i , Ili�it�rr:r1, 1 :::i1::e A��rv7��,��ly,aa �3�� 474 million in renewal and replacement type projects were excluded from the fee calculation. The remaining includable planned future investment in these near-term projects was estimated at $6,399,000. The Public Land Acquisition projects shown above from the recently completed Parks System Master Plan were based on the acquisition of an additional 45.3 acres for a total cost of $11,830,000 or approximately $261,148 per acre. Using the previously described new level of service target of 4.0 acres per 1,000 residents and a 2050 permanent population of 96,038 would yield a total acreage requirement of 384.2 acres by 2050. Based on this LOS the City would currently require 327.5 acres of land (of which it already owns 319.58 acres). The additional acres needed over the current LOS amount of 327.5 would indicate a need for an additional 56.7 acres to be added over the forecast period. The additional investment required over the forecast period to meet this target using the estimated cost per acre of $261,148 would be an investment in land acquisition of $14,796,640, which is included in the fee calculation. The Development of New Parks and Recreation Facility projects shown above from the recently completed master plan were based on an estimated $72.9 million in future facility related investments through 2032 and the master plan's end goal level of service of 6.0 acres per 1,000 residents. As these project costs are assumed to benefit existing users and new development, we assumed that the $72.9 million in project costs through 2032 would be in support of all acres through 2032 (531.5 acres at 6.0 acres per 1,000 residents). This would imply facilities cost per acre of $137,186. Using the previously described lower near-term level of service target of 4.0 acres per 1,000 residents, a 2050 permanent population of 96,038, and a cost per acre of $137,186 would yield an adjusted total planned future investment of $52,700,350. Description Amount City CIP Planned Near Term Projects $6,399,000 Master Plan Land Acquisition Projects 14,796,640 Master Plan Development of New Parks Projects 52,700,351 Subtotal $73,895,991 Less: Estimated Grant Funding for Future Projects (11,900,750) Future Net Investment Included in Fee Calculation $61,995,241 [1] Amounts as provided by City staff and are shown on Tables 3-3 and 3-4. As can be seen above, the City anticipates spending $61,995,241 in order to further acquire and develop the parks and recreation facilities to provide the desired level of recreation services to the City after adjustments for grants and renewal and replacement (R&R) projects. 11111 0 Desi gn of1 �71C�. ., . :IVIII�f Facility D1 .. The method used to calculate the impact fee is a combination of the improvements -driven method, standards method, and buy -in method as the recoupment of a portion of existing investments available to serve new growth and the costs associated with adding additional capacity to serve the City's future recreation needs are 11t:Illy of IllIlll�oyntoin Il111311?,i!c::h / I r,rrik,,ra id I ,rcn::, inri IIrr�7q;m 9 I :::Ice �::diA6i, sei: Tori 3 D,^IfR'w I ,rciHq ,i es Ilmp rc;� e A�mtrlyJs, I 3 3 475 recognized. Table 3-4 at the end of this report summarizes the results of the impact fee calculation. The following is a brief description of the method used in this study: Development of Recoverable Assets — Based on the City's existing investment in recreation and park facilities, and the dwelling unit projections at "buildout," the total estimated cost of existing assets to serve residents is identified. r Development of Total Capital Need — Based on the City's estimated capital costs of developing future park facilities, and the dwelling unit projections, the total estimated cost to serve existing residents is developed. Development of Equivalent Impact Fee Units — This data which was provided by Staff in the form of the City's anticipated "buildout" dwelling unit capacity. These figures are used to develop a proposed fee per dwelling unit. Calculation of Cost per Dwelling Unit — Once the total capital costs allocable to future resident are determined, the impact fee unit per dwelling (residence) is calculated. This calculation represents the average cost of recreation facilities per dwelling person multiplied by the estimated persons per dwelling unit for the various classes of residential dwellings. IPAIRIKS AND RIECIREATIOIN F IIILIFTII 111MIPACT FEE ASSUMPTIONS In the development of the recreation impact fees, several assumptions were utilized. The major assumptions used in the development of the impact fees are as follows: The development of the cost for the recreation facilities impact fees was based on the City's current inventory of parks and recreational activities, the level of service standards for recreational facilities, and the City's estimated capital costs to develop future facilities and activities. As indicated in Table 3-4, the City has identified existing investment and planned future needs totaling $102,564,153, which includes an estimated credit for future grants and R&R projects, which reduced the burden by $11,900,750. The total needs were based primarily on actual investments and planned future investments to be made by the City, which should be recouped from future residential growth. No credits from other revenue sources have been identified for the purposes of this calculation, as it is assumed that other funding sources generated by future users will be utilized to provide for the necessary ongoing operating and repair / replacement costs required. (Remainder of page intentionally left blank) 11:Illy of IllIlll�oymm�toin Il111311?,i!c::h / I Imr ,,:a id I:Rexi!::,, nnri IIrr�ip; is 9 I :::Ice 1iA+:��+,✓ sei:liori 3 D,^IfR ilip rd e A�mfly Js, I 4. 476 Based on the above -referenced assumptions, the recreation impact fee as calculated in detail on Table 3-4 was developed as follows: Existing Net Investment in Parks and Recreation Facilities [1] Future Planned Investment in Parks and Recreation [2] Total Existing and Future Investment in Parks and Recreation Through 2050 Total Existing and Future Investment in Parks and Recreation Through 2050 Total City Permanent and Seasonal Population in 2050 [3] Total Costs to be Recovered per Person Total Costs to be Recovered per Person Estimated Persons per Dwelling Unit [4] Total Costs to be Recovered per Dwelling Unit Total Costs to be Recovered per Dwelling Unit (Rounded) Multi -Family Single-family 2-4 Units $40,568,912 61,995,241 $102,564,153 $102,564,153 105,450 $972.64 Multi -Family 5+ Units $972.64 $972.64 $972.64 2.63 2.36 1.97 $2,560.71 $2,299.11 $1,914.78 $2,560.00 $2,299.00 $1,914.00 [1] Existing investment amount shown based on Table 3-2. [2] Future investment amount shown based on Table 3-4. [3] Buildout population shown based on Table 2-1. [4] Amounts shown based on average population and housing unit data as obtained from the American Community Survey for 2021 from the U.S. Census Bureau. As shown above, the maximum supportable impact fees are $2,560.00, $2,299.00, and $1,914.00 per dwelling unit for single-family, dwellings in buildings containing two to four units, and multifamily (dwellings in buildings containing 5 or more units), respectively. Each of these fees are being increased by a percentage between 192.6% and 239.1%. The recent update to Section 168.31801 F.S. added the following subsection, which provides certain limitations of how municipalities can increase impact fees: (6) A local government, school district, or special district may increase an impact fee only as provided in this subsection. (a) An impact fee may be increased only pursuant to a plan for the imposition, collection, and use of the increased impactfees which complies with this section. (b) An increase to a current impact fee rate of not more than 25 percent of the current rate must be implemented in two equal annual increments beginning with the date on which the increased fee is adopted. (c) An increase to a current impact fee rate which exceeds 25 percent but is not more than 50 percent of the current rate must be implemented in four equal installments beginning with the date the increased fee is adopted. Cliity of III1l6oyntoin Illltiii ach / ::1mks, ,ind IRecre,ib oriIlinq:ncr I :::ice , eco iori 3 o&Ii'w' ,rr egi1,i , Ilnip rr 1, e Ann�y!:,J a I 3 �u6 477 (d) An impact fee increase may not exceed 50 percent of the current impact fee rate. (e) An impact fee may not be increased more than once every 4 years. (f) An impact fee may not be increased retroactively for a previous or current fiscal or calendar year. (g) A local government, school district, or special district may increase an impact fee rate beyond the phase- in limitations established under paragraph (b), paragraph (c), paragraph (d), or paragraph (e) by establishing the need for such increase in full compliance with the requirements ofsubsection (4), provided the following criteria are met: A demonstrated need study justifying any increase in excess of those authorized in paragraph (b), paragraph (c), paragraph (d), orparagraph (e) has been completed within the 12 months before the adoption of the impact fee increase and expressly demonstrates the extraordinary circumstances necessitating the need to exceed the phase-in limitation. 2. The local government jurisdiction has held not less than two publicly noticed workshops dedicated to the extraordinary circumstances necessitating the need to exceed the phase-in limitations set forth in paragraph (b), paragraph (c), paragraph (d), or paragraph (e). 3. The impactfee increase ordinance is approved by at least a two-thirds vote of the governing body. (h) This subsection operates retroactively to January 1, 2021. With the maximum supportable impact fee being significantly higher than the City's current fees due to the current investment and future significant planned investment in the Department as well, the projected new growth requiring future investment in recreation facilities to maintain its level of service, and the City's goal to enhance its level of service the City has decided to pursue a fee increase via the extraordinary circumstances provision of the statute. (Remainder of page intentionally left blank) 11:Illy of Ill1lll�aymm�toin Il111311?,i!c::h / I Imr mid I:Rexi!::,, nnri IIrr�ip; is 9 1iA6i, sei:liori 3 O,^IfR ilip td e A�mfly Js, I ' 478 "lfl ,111rlC l .. f '' lI,.IIIII.Il�l'Ilf'°'l. In order to provide the City additional information about the proposed impact fees, a comparison of the proposed fees for the City and those charged by other jurisdictions was prepared. Table 3-5 at the end of this section summarizes the impact fees for recreational services charged by other communities with the proposed rates of the City. Please note that each community may establish a different LOS standard to meet its demographic needs for recreation facilities and activities. The City can anticipate variances between other communities. Parks and Recreation a.tion Innip act l^ee Cornparison. i,;,t.;kG7GA.CnC1 , ww 4 fit' - a 2 �" ��i " ON r� ' e r C n� 661 41. � Single Family o9her M oridaa Connnnnnnhies' <3ve rages ($22,7a8.73) (Remainder of page intentionally left blank) 11:Illy oIII Ill,111 anUsin Illi iii?q!r�!!h / k,rrk,m id rr°ip: i, t 1::::::e: e bwd, +j, ;; i:fltar`i 3 ^II' Ili7itr,d, e Ari, h ,i , I 7 479 Page 1 of I City of Boynton Beach, Florida Parks and Recreation Impact Fee Study List of Tables Table Description 3-1 Inventory of City Parks and Recreational Facilities 3-2 Summary of Existing Investment in Parks and Recreation 3-3 Summary of Capital Projects to Improve and Expand Parks and Recreation Facilities 3-4 Design of Parks and Recreation Impact Fee 3-5 Parks and Recreation Impact Fee Comparison 480 Table 3-2 City of Boynton Beach, Florida Parks and Recreation Impact Fee Study Summary of Existing Investment in Parks and Recreation Line Estimated Allocation to No. Description Costs [1] Existing Units Machinery and Equipment 1 General Equipment $340,305 0.0% 2 Major Vehicles and Vehicle Related Equipment 118,681 0.0% Facilities and Other Major Capital Equipment 3 Land, Building and Other Major Capital Equipment 4 Subtotal Other Capital Equipment and Facilities 5 Grants Funded / Contributed Assets 6 Total Adjusted Existing Capital Investment Page 1 of 1 Allocated Costs $0 0 41,783,162 100.0% 41,783,162 $42,242,148 98.9% $41,783,162 ($1,214,250) 100.0% ($1,214,250) $41,027,898 98.9% $40,568,912 481 b 482 ¢ r G. 10n. dc%a`v c E U= o - c a x ax r ro _c�_ ,a - ro 5 -aay. c. z zzzz ��c:��UUoamam� - �.. mam . QU�W n-4'xxx E EYx E E E 5 Ems¢ �Q- Ect a'a'ax k ° i ° c ° c c b0 _ :v _ - v. ti v. N U N U. s _ wrouwu 0'z��%wa°w"aw"cm"°cm�u�u�u�uUUcww �xxzxzxx"x=x=xxx_ _ 482 b 0. 6. 0 0. 1 N Y 0.= 0. 'Y- y Y•. Y '�' Y 4 0. 4 0. 4 0. 4 U U 0 0 0. v�� J cJ � rx. j Q G Q 2 Q C� a °� '� '� `_ -.� ti a❑ `^ c a c a c a a a _ c :� U U U U U c 2 x 2 J -�' � nam — Z -�h�� -.,v,�--�-i� 483 ! { _ \\\\\\\\\ ib 2p:»7cszrzz; 484 Table 3-4 City- of Boynton Reach, Florida Parks and Recreation Impact Fee Study Design of Parks and Recreation Impact Fee Line No. Description Basis Existing and Proposed Future Investment in Parks and Recreation 1 Existing Net Investment in Parks and Recreation [1] $40,568,912 2 Other Grants and Contributions [3] 0 3 Total Net Existing Investment in Parks and Recreation $40,568,912 4 City Planned Capital Projects Through 2025 121 S6,399,000 Calculation of Investment Associated with Public Land Acquisition 5 Master Plan Projects - Public Land Acquisition (PLA) Projects $11,830,000 6 Additional Acreage Included in Master Plan PLA Projects Through 2032 45.3 7 Estimated Investment per Acre of Open Recreation Space $261,148 8 Near Term Target Level of Service 4.0 9 Projected Buildout (2050) Permanent Population [4] 96,038 10 Target Acres Required by Buildout (2050) 384.2 11 Acreage Required for LOS of 4.0 Acres per 1,000 Population 327.5 12 Required Acreage to Maintain Level of Service Through Buildout (2050) 56.7 13 Estimated Inveshncntper Acre of Open Recreation Space $261,148 14 Required Acreage to Maintain Level of Setvice Through Buildout (2050) 56.7 t5 Level of Service Related Future Investment in Public Land Acquisitions $14,796,640 Calculation of Investment Associated with Development of New Parks and Recreation Facilities 16 Goal Level of Service Associated with Projects 6.0 t7 Projected 2032 Permanent Population [4] 88,578 18 Target Acres Required by 2032 531.5 t9 Master Plan Projects - Development of New Parks and Recreation Facilities [2] $72,910,000 20 Estimated Im-estment per Acre of Developed Recreation Facilities $137,186 21 Target Acres Required by Buildout (2050) 384.2 22 Estimated Investment per Acre of Developed Recreation Facilities $137,186 23 Level of Service Related Future Investment in Development of New Parks and Recreation Facilities $52,700,350 Summary of Total Existing and Future Planned Investment In Parks and Recreation Land and Facilities 24 Total Net Existing Investment in Parks and Recreation $40,568,912 25 City Planned Capital Projects Through 2025 [2] 6,399,000 26 Love] of Service Related Future Investment in Public Land Acquisitions 14,796,640 27 Master Plan Projects - Development of New Parks and Recreation Facilities [2] 52,700,350 28 Estimated Grant Funded MasterPlan Projects (11,900,750) 29 Total Estimated Existing and Future Net Investment in Parks and Recreation $102,564,153 30 Cost per Person Calculation 3 t Total Estimated Existing and Future Net Investment in Parks and Recreation 5102,564,153 32 Projected Buildout Permanent and Seasonal Population [4] 105,450 33 Cost per Person 5972.64 34 Impact Fee Calculations 35 Single -Family. Detached or Attached 36 Cost per Person 5972.64 37 Persons per Dwelling Unit [5] 2.63 38 Fee Per Dwelling Unit $2,560.71 39 Fee Per Dwelling Unit (Rounded) $2,560.00 40 Dwellings in Buildings Containing Two (2) to Four (4) Units 41 Cost per Person 5972.64 42 Persons per Dwelling Unit [5] 2.36 43 Fee Per Dwelling Unit $2,299.11 44 Fee Per Dwelling Unit (Rounded) $2,299.00 45 Multi -Family (Dwellings in Buildings Containing Five (5) or Moro Units) 46 Cost per Person S972.64 47 Persons per Dwelling Unit [5] 1.97 48 Fee Per Dwelling Unit $1,914.78 49 Fee Per Dwelling Unit (Rounded) $1,914.00 Footnotes [1] Amount derived from Table 3-2. [2] Amount derived from Table 3-3. [3] Amount based on information provided by City Staff. [4] Amount derived from Table 2-1. [5] Baaed on historical Census Bureau Data - American Community Survey 5 yeas averages b—d on population and occupancy averages. Page 1 of 1 485 Table 3-5 City of Boynton Beach Parks and Recreation Impact Fee Study Recreation Impact Fee Comparison [11 Residential Line Single Multi -family No. Description Family 2 - 4 Units City of Boynton Beach 1 Existing Rate Per Unit 2 Proposed Rate Per Unit Page 1 of 1 Multi -family 5+ Units $875.00 $678.00 $678.00 $2,560.00 $2,299.00 $1,914.00 [3] The amount of the impact fee for a residential unit depends on the unit's size (sq. ft.). For the purpose of this comparison, it was assumed that a single family residence contains 2,000 - 3,599 square feet, and multi -family and mobile homes contain 1,400 - 1,999 square feet of floored space. [4] The amount of the impact fee for a residential unit depends on the unit's size (sq. ft.). For the purpose of this comparison, it was assumed that a single family residence contains 2,000 square feet, a multi -family residence contains 1,000 square feet, and a mobile home residence contains 1,500 square feet of floored space. [5] The amount of the impact fee is the fee for the community, park plus the average of the fee for all 3 sectors for the neighborhood parks. 486 Other Florida Communities: 3 City of Boca Raton [3] $4,570.00 $4,000.00 $4,000.00 4 City of Oakland Park 1,875.00 1,875.00 1,875.00 5 City of Cooper City 1,280.00 1,280.00 1,280.00 6 City of Coral Gables 7,260.00 5,774.00 5,774.00 7 City of Dania Beach 1,825.00 1,364.00 1,364.00 8 Town of Davie 1,625.95 630.67 630.67 9 City of Deerfield Beach 1,528.00 1,030.00 1,030.00 10 City of Fort Lauderdale [4] 2,525.00 2,175.00 2,175.00 11 City of Hollywood [4] 2,525.00 2,175.00 2,175.00 12 City of Miami 6,818.00 5,998.00 5,998.00 13 City of Miramar, Florida 1,277.00 1,277.00 1,277.00 14 City of Palm Beach Gardens [4] 3,737.00 2,858.00 2,858.00 15 City of Pompano Beach [5] 1,682.00 1,125.00 1,125.00 16 Village of Royal Palm Beach [4] 1,994.00 1,636.00 1,636.00 17 City of Sunrise [2] 831.78 609.98 609.98 18 City of Wilton Manors 2,146.00 2,010.00 2,010.00 19 Other Florida Communities' Average $2,718.73 $2,238.60 $2,238.60 Footnotes: [1] This comparison only shows local park and recreation impact fees; it does not include park and recreation impact fees that might be charged by the county in which the municipality is located. [2] Amounts shown assume single family homes with three bedrooms, multi -family dwellings with two bedrooms, and mobile homes with two bedrooms. [3] The amount of the impact fee for a residential unit depends on the unit's size (sq. ft.). For the purpose of this comparison, it was assumed that a single family residence contains 2,000 - 3,599 square feet, and multi -family and mobile homes contain 1,400 - 1,999 square feet of floored space. [4] The amount of the impact fee for a residential unit depends on the unit's size (sq. ft.). For the purpose of this comparison, it was assumed that a single family residence contains 2,000 square feet, a multi -family residence contains 1,000 square feet, and a mobile home residence contains 1,500 square feet of floored space. [5] The amount of the impact fee is the fee for the community, park plus the average of the fee for all 3 sectors for the neighborhood parks. 486 487 8/31/2021 Statutes & Constitution :View Statutes : Online Sunshine Appendix A - Page 1 Select Year: 2021 v Go The 2021 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.31801 Impact fees; short title; intent; minimum requirements; audits; challenges.— (1) This section may be cited as the "Florida Impact Fee Act." (2) The Legislature finds that impact fees are an important source of revenue for a local government to use in funding the infrastructure necessitated by new growth. The Legislature further finds that impact fees are an outgrowth of the home rule power of a local government to provide certain services within its jurisdiction. Due to the growth of impact fee collections and local governments' reliance on impact fees, it is the intent of the Legislature to ensure that, when a county or municipality adopts an impact fee by ordinance or a special district adopts an impact fee by resolution, the governing authority complies with this section. (3) For purposes of this section, the term: (a) "Infrastructure" means a fixed capital expenditure or fixed capital outlay, excluding the cost of repairs or maintenance, associated with the construction, reconstruction, or improvement of public facilities that have a life expectancy of at least 5 years; related land acquisition, land improvement, design, engineering, and permitting costs; and other related construction costs required to bring the public facility into service. The term also includes a fire department vehicle, an emergency medical service vehicle, a sheriff's office vehicle, a police department vehicle, a school bus as defined in s. 1006.25, and the equipment necessary to outfit the vehicle or bus for its official use. For independent special fire control districts, the term includes new facilities as defined in s. 191.009(4). (b) "Public facilities" has the same meaning as in s enforcement facilities. 163.3164 and includes emergency medical, fire, and law (4) At a minimum, each local government that adopts and collects an impact fee by ordinance and each special district that adopts, collects, and administers an impact fee by resolution must: (a) Ensure that the calculation of the impact fee is based on the most recent and localized data. (b) Provide for accounting and reporting of impact fee collections and expenditures and account for the revenues and expenditures of such impact fee in a separate accounting fund. (c) Limit administrative charges for the collection of impact fees to actual costs. (d) Provide notice at least 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. A local government is not required to wait 90 days to decrease, suspend, or eliminate an impact fee. Unless the result is to reduce the total mitigation costs or impact fees imposed on an applicant, new or increased impact fees may not apply to current or pending permit applications submitted before the effective date of a new or increased impact fee. (e) Ensure that collection of the impact fee may not be required to occur earlier than the date of issuance of the building permit for the property that is subject to the fee. (f) Ensure that the impact fee is proportional and reasonably connected to, or has a rational nexus with, the need for additional capital facilities and the increased impact generated by the new residential or commercial construction. (g) Ensure that the impact fee is proportional and reasonably connected to, or has a rational nexus with, the expenditures of the funds collected and the benefits accruing to the new residential or nonresidential 488 www.Ieg. state.fl. us/statutes/i ndex.cfm?App_mod e=Display_Statute&U RL=0100-0199/0163/Sections/0163.31801. html 8/31/2021 Statutes & Constitution :View Statutes : Online Sunshine Appendix A - Page 2 construction. (h) Specifically earmark funds collected under the impact fee for use in acquiring, constructing, or improving capital facilities to benefit new users. (i) Ensure that revenues generated by the impact fee are not used, in whole or in part, to pay existing debt or for previously approved projects unless the expenditure is reasonably connected to, or has a rational nexus with, the increased impact generated by the new residential or nonresidential construction. (5)(a) Notwithstanding any charter provision, comprehensive plan policy, ordinance, development order, development permit, or resolution, the local government or special district must credit against the collection of the impact fee any contribution, whether identified in a proportionate share agreement or other form of exaction, related to public facilities or infrastructure, including land dedication, site planning and design, or construction. Any contribution must be applied on a dollar -for -dollar basis at fair market value to reduce any impact fee collected for the general category or class of public facilities or infrastructure for which the contribution was made. (b) If a local government or special district does not charge and collect an impact fee for the general category or class of public facilities or infrastructure contributed, a credit may not be applied under paragraph (a). (6) A local government, school district, or special district may increase an impact fee only as provided in this subsection. (a) An impact fee may be increased only pursuant to a plan for the imposition, collection, and use of the increased impact fees which complies with this section. (b) An increase to a current impact fee rate of not more than 25 percent of the current rate must be implemented in two equal annual increments beginning with the date on which the increased fee is adopted. (c) An increase to a current impact fee rate which exceeds 25 percent but is not more than 50 percent of the current rate must be implemented in four equal installments beginning with the date the increased fee is adopted. (d) An impact fee increase may not exceed 50 percent of the current impact fee rate. (e) An impact fee may not be increased more than once every 4 years. (f) An impact fee may not be increased retroactively for a previous or current fiscal or calendar year. (g) A local government, school district, or special district may increase an impact fee rate beyond the phase-in limitations established under paragraph (b), paragraph (c), paragraph (d), or paragraph (e) by establishing the need for such increase in full compliance with the requirements of subsection (4), provided the following criteria are met: 1. A demonstrated -need study justifying any increase in excess of those authorized in paragraph (b), paragraph (c), paragraph (d), or paragraph (e) has been completed within the 12 months before the adoption of the impact fee increase and expressly demonstrates the extraordinary circumstances necessitating the need to exceed the phase-in limitations. 2. The local government jurisdiction has held not less than two publicly noticed workshops dedicated to the extraordinary circumstances necessitating the need to exceed the phase-in limitations set forth in paragraph (b), paragraph (c), paragraph (d), or paragraph (e). 3. The impact fee increase ordinance is approved by at least a two-thirds vote of the governing body. (h) This subsection operates retroactively to January 1, 2021. (7) If an impact fee is increased, the holder of any impact fee credits, whether such credits are granted under s. 163.3180, s. 380.06, or otherwise, which were in existence before the increase, is entitled to the full benefit of the intensity or density prepaid by the credit balance as of the date it was first established. (8) A local government, school district, or special district must submit with its annual financial report required under s. 218.32 or its financial audit report required under s. 218.39 a separate affidavit signed by its chief financial officer or, if there is no chief financial officer, its executive officer attesting, to the best of his or her knowledge, that all impact fees were collected and expended by the local government, school district, or special district, or were collected and expended on its behalf, in full compliance with the spending period provision in the local ordinance or resolution, and that funds expended from each impact fee account were used only to acquire, construct, or improve specific infrastructure needs. www.Ieg. state.fl. us/statutes/i ndex.cfm?App_mod e=Display_Statute&U RL=0100-0199/0163/Sections/0163.31801. html 489 8/31/2021 Statutes & Constitution :View Statutes : Online Sunshine Appendix A - Page 3 (9) In any action challenging an impact fee or the government's failure to provide required dollar -for -dollar credits for the payment of impact fees as provided in s. 163.3180(6)(h)2.b., the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee or credit meets the requirements of state legal precedent and this section. The court may not use a deferential standard for the benefit of the government. (10) Impact fee credits are assignable and transferable at anytime after establishment from one development or parcel to any other that is within the same impact fee zone or impact fee district or that is within an adjoining impact fee zone or impact fee district within the same local government jurisdiction and which receives benefits from the improvement or contribution that generated the credits. This subsection applies to all impact fee credits regardless of whether the credits were established before or after June 4, 2021. (11) A county, municipality, or special district may provide an exception or waiver for an impact fee for the development or construction of housing that is affordable, as defined in s. 420.9071. If a county, municipality, or special district provides such an exception or waiver, it is not required to use any revenues to offset the impact. (12) This section does not apply to water and sewer connection fees. (13) In addition to the items that must be reported in the annual financial reports under s. 218.32, a local government, school district, or special district must report all of the following information on all impact fees charged: (a) The specific purpose of the impact fee, including the specific infrastructure needs to be met, including, but not limited to, transportation, parks, water, sewer, and schools. (b) The impact fee schedule policy describing the method of calculating impact fees, such as flat fees, tiered scales based on number of bedrooms, or tiered scales based on square footage. (c) The amount assessed for each purpose and for each type of dwelling. (d) The total amount of impact fees charged by type of dwelling. (e) Each exception and waiver provided for construction or development of housing that is affordable. History.—s. 9, ch. 2006-218; s. 1, ch. 2009-49; s. 5, ch. 2009-96; s. 5, ch. 2011-14; s. 1, ch. 2011-149; s. 1, ch. 2019-106; s. 5, ch. 2019- 165; s. 5, ch. 2020-27; s. 1, ch. 2020-58; ss. 1, 2, ch. 2021-63. Copyright © 1995-2021 The Florida Legislature • Privacy Statement • Contact Us 490 www.Ieg. state.fl. us/statutes/i ndex.cfm?App_mod e=Display_Statute&U RL=0100-0199/0163/Sections/0163.31801. html 8 - ir9- cl o _ cG U U U j w z yy 5 C C Z z C 0 W u U W J h Y Z d C J C Y a ✓: Z C a F IG -i v >' >' >>>>>>> � Q W`w cz o^cam uo oc c^c coc � Jcua c y w J ,"' >>> �.0 .0 �Y Y Y ,.L �Y Y �Y ^Y 5 5 ¢ ¢ ¢ . Y a Q O J a a a a a a a a a a a a a a a a a a a a a a a a a a Z W 4 Z Z Z Z Z Z Z Z Z Z Z z Z z Z z Z W C Q C Q F, Q Z Q C, Z Q j j V "� -j .W- •U,a. 6 [L J ,E�y",� C Q C v C Q C Q C QF C Q C Q CF Q C Q C Q C Q C F F. 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C�i 0 0 0 0 C, r,,,C C:7 Cl C• 7 C Cr t. C7 C) > C 0 0 r �� rra. 0 .� N T 41 1 C 4- 0 ' � W W cn W 0 Lai—) EN +� O }' > cn U •�U O c� U O U O . � a) 0O X N O +� N E N C6 cm N •— O C 4-0 cn > _0 +-1 O N E ca — — O �■■rcnN cn U ^�,•o-° cn C .� OU X cn U D-+� O N O � C }, O C6 E cn ca -0>� O o -_ a) M -0 E L- 0 0 a) C:) N,,Ula a% ail», OF E O z VI •• V to M I 4- z ,h � V to O E V V �-� Q CO C) .uiui 0 N co O N 00 000 N � N O = o = d' V) Rt Advisory Board Vacancies as of May 02, 2023 Art Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Turkin II Hay IV Kelley Regular 2 -year term Regular 2 -year term Alternate 1 -year term Applicants: Ace Tilton Ratcliff — Current Regular member seeking reappointment. Completed one term. Building Board of Adjustment and Appeals Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 2 -year term II Hay Regular 2 -year term IV Kelley Regular 2 -year term Mayor Penserga Alternate 1 -year term Applicants: None Community Redevelopment Agency Advisory Board 2 Year staggered terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 2 -year term II Hay Regular 2 -year term Applicants: Naomi Cobb - Current Regular member seeking reappointment. Completed two terms. Chevette Gadson Golene Gordon - Current Regular member seeking reappointment. Completed two terms. Gregory Hartmann Mark Jackowiak Ellen Jones Alexandria Lopresto Noelle McIntyre Heather Posta Lesha Roundtree 516 Advisory Board Vacancies as of May 02, 2023 Education and Youth Advisory Board 2 -Year term Regular member 2 (2 year) terms 2 -year term Alternate/Student Member 2 (1 year) terms 2 -year term Mayor Penserga Regular 2 -year term Vice Mayor Turkin Regular 2 -year term I Cruz Regular 1 -year term II Hay Student 1 -year term IV Kelley Student 1 -year term Mayor Penserga Student 1 -year term Applicants: Francois Calixte-Dieuvil - Current Regular member seeking reappointment. Completed one term. Nicolas Giacolne Dr. Teresa Kasey-McClendon Valorie Valcourt - Current Regular member seeking reappointment. Completed one term. Historic Resources Preservation Board — Quasi-judicial Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term Vice Mayor Turkin Alternate 1 -year term Applicant: Bradley Jackson Library Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz II Hay IV Kelley Mayor Penserga Vice Mayor Turkin Regular 2 -Year term Regular 2 -year term Regular 2 -year term Alternate 1 -year term Alternate 1 -year term Applicants: Ellen Jones Lindsay Karten - Current Regular member seeking reappointment. Completed one term. Marcia Levine - Current Regular member seeking reappointment. Completed one term. Ace Tilton Ratcliff - Current Regular member seeking reappointment. Completed one term. 517 Advisory Board Vacancies as of May 02, 2023 Planning & Development Board - Quasi-judicial Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Atlernate Applicants: Vanessa Belmonte Ellen Jones Alexandria Lopresto Lesha Roundtree Nicholas Tunno Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms IV Kelley Mayor Penserga Vice Mayor Turkin 2 -year term 2 -year term 1 -year term 2 -year term Regular 2 -year term Regular 2 -year term Regular 2 -year term Applicants: Sarah Beveridge Geoff Campbell — Current Alternate member seeking reappointment. Completed one term. Julie Mondello - Current Regular member seeking reappointment. Completed one term. Frando Patterson - Current Regular member seeking reappointment. Completed one term. Senior Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular 2 -year term 518 Stanzioine,, Tammy From- ace < i~ or r-epal yt"�)123fornil)uiider-.com> Sent: TLIesday, March 14, 2023 2:44 PM To- City Gerk Subject: Advisory Board Appointment application Attachments: ATR-resurne-2023.pdf Today's date 03/14/2023 Name Ace Tilton Ra:tcliff phone number 561-376-3640 Address 142 SW 13th Avenue Boynton Beach FL 33435 United States Email ace@staywejrdbekjnd.corn Current occupation or, if retired, prior Self-employed artist and writer occupation Education BA in Pofifica0 Science from UCF Are you a registered Y voter? I Do you reside withiin the Boynton �Beach Y' city limits? Dio you own/mainage If "yes", name of Harper's PrOrni5e, CUirrently on hiatus business. Are you currently serving on a City Y bolaird? I Have you served on a City bard in the Yes past? If "yes", which, Yes, I am a vnernber of the Library Board as well as the Art Board, My terrn on the Art Board has bolaird(s,) and whn? come to an end but I am efigibIle to re -apply. Have you ever, been, �No P? If "yes", when and N/A where? 519 OEM= If appointed by the City Commission to 7f7 - willing to serve in thiis capacity?' ZGEMMSEEM Yes Personal i ani a working artist who makes my living as a rrietalworker', mixed -acedia artist, photographer, Qua:lificaitionis and author. I have grown UP in Boynton Beach and though 1: left for some time to live in California, I returned in 2019 because I wanted to be in my hornetown. I attended Dreyfoos High School of the Arts and graduated in 20,05. 1 have been an active arid excited'i rriernber of the Art Advisory Board and believe that serving, another two years to complete my tenure will be useful for my personal growth and for the Board. Professional City of Boynton Beach Library Advisory Board, Member Memberships IAAHPC Member Feel free to a,ttaich/upload a:in d=38,0b8a7l].04aie843,9le6c5el22526cObel ) extra, sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements, may be cause for removal from a board. The mesa, e has been serrt from 185,20,3.219,28 (,United States) at 20 I1 14 13*4135 on Chrome 1()9,0,0,0 Entry 0: 606 Referrer: httasjLwwA,.bc)ltitori-bcacti.o[U Form Host: 8-321A/�i �aa: hgaLdLilzig Llut n, men t - auml Lcat tic 520 m„�WI�� ''lll��llo sMVli �V^Nti V� ac N�UIVu�„ IU�Wr � N�µJ oM'V'ft� u�'V%�, w�n� (IV �Ndlo*'�Yd�. "�Nw a "�ll�lwo�^^ w., 1�4� w Gu„ ��'Id;«, E, Y&VO I Nil fF' 00WITY -0 a missaim, They[Thern Pronouns ryluillw1by"Iludly alrrssl ullube UUM qTaPPWb %14'1111 IFIC U1l5UV4eTj Ul bell MiTyff) Ille wellenuebi ulat knaMN-141' U411 chitchat, but damn good art, Will W i- ..INN milli Robinette Kowal and Alix Harrow, They have an AS in funera I siervices; six years experience as a funeral 5; Promise_a_v_PterinaQlpractice focused on in-home pet euthanasia and'! end -of -life care, Ace is a metalsmith who also works in fibers and watercolors. They're a Photographer who shoots digital and film. Ace is a sucker for the literal undierdog� they live with four dogs and three cats, alt abandoned' street animalsi. Ttm)��d-cwrwtraldzr V -MK#*& kv their scooter to the beach to read, El"'XPEMENCE & SIU" US CEO, Stay Weird, Be Kind Studios I December, 20,11 - Present Ace's work as a freelance writer has spanned topics from deathcare to disability and beyond. Ace is represented by their agent, Stacia Decker, at Dunow, Carlson & Lerner Literary Agency. Their first book, "The Little Book of Dog Care: Expert Advice on Giving Your Dog Their Best Life" is forthcoming in j Illy, 2023 from Simon & Schuster. Ace has bylines at places like Gizmodo, Popular Science, log, fluffington Post, Eater, and many more. Ace Eras made a name for themself writing about living life as a disabled person in an inaccessible world, but has also had fiction published in places like Fireside Fiction, Phobos Magazine, and Glittership, Ace's voice as a disability activist has been featured in ,rhe Economist, the Guardian, and Upworthy Videos, Ace has been a panelist at The Next Page Conference in partnership with Kickstarter, Worldcon `76, and the North American Scierice Fiction Convention 2020,,Ace has been featured on a number of podcasts, including Maximum Fun's Reading Glasses, WNYC's Note to pelf, and Andrew Gurza's Disability After Dark. As a sensitivity reader,, Ace focuses on topics related to disability, working with writers like Hugo Award winners Mary Robinette Kowal and Alix Harrow, plus publishing houses -such as Penguin Random House, Toy, and Rosen Publishing, Ace has been awarded the D, Franklin Defying Doomsday Award and nominated for a pushcart Prize 521 Ace possesses a dedicated group of almost of amazing Twitter followers and makes nearly 2.5, million Impressions there on a monthly basis. Ace and their followers focus on community -care, raising thousands of dollars for places like local abortion funds or Fiyah Magazine, in order to sponsor disabled BIPOC to attend FIYAHCON. fro- ottn er, Dhcare Advisor Harp is Promise, LLC I January, of - Present Harper's Promise is air in- home pet euthanasia, hospice and palliative care practice devoted ,tohelping, families throughout South Florida provide the best possible end of life experience. In 2017,,Ace co-founded the practice with their partner, Dr. Derek Calhoun (a veterinarian), after the death of their ctilhualtua, Harper — the best -worst dog ever. Ace applies years of funeral industry expertise to working in conjunction with Derek to enhance quality of life, for chronically ill pets while providing dignity, comfort, and!, control through the final stages of incurable illness for those that are terminally ill. Ace and f erek keep Harpers Promise by helping, provide pets a good death, which is air integral part of a good fife. Funeral Director, Embabner, & Crernatory Operator Paren t- Sorensen Mortuary & Crematory. I January, 2014 - August, 2015 Wilson & Kratzer Mortuaries I October, 2012 — January, 2014 Smith & Witter Funeral Home I January, 2012 — AUgUSt 1, 2012 Boynton Memoriol'Chopet I May, 2010 - August, 2010 Ace had direct responsibility for administrative and organizational management in addition to fast- paced event planning and production with extremely tight deadlines. She has superlative customer relation skills under demanding and stressful circumstances. She coordinated legal paperwork at a county, state, and national level, with a focus on calendar, budget and contract management, She flexibly worked between three office locations in addition to remote, after-hours telephone work. She provided necessary support to a tightly knit team when riot working independently. She conceptualized funerals for thousands of families from a mu ;titude of ethnic and cultural backgrounds after in-depth, personal phone and onsite interviews and conferences. She completed a rigorous and extremely demanding two-year embalming apprenticeship. Nominum,' Inc, Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end, -users - typically system administrators, Site standardized content across platforms, revised documents, and clarified instructions to make documentation easier to use. She is proficient in lira software for ticketing systems and Madcap Flare for docurnent creation. She is willing and able to learn any new software or programs required. un et Inc. Ace was a combination event -coordinator, customer service representative, and salesperson, providing innovative service by using over 14 -years of experience in situational analysis to create repeat -customer loyalty,. They were in charge of all advertising and social media campaigns, including all written 522 communications released by the company. Ace implemented multiple lel gli-level, marketing -oriented processes and procedures, witIr a strong focus on social rnedi a maintenance across multilaic major platforms. ACII VOTHES &, 0RG)4,NLZI' TIONS City of Boynton each Art Advisory Board, Member City of Boynton Beach Library Advisory Board, Mernber IAAI I PC Member EN )UCATV'J American River College, Sacramento, (A - AS., Funeral Servi(eS 201-2 University of Central Florida, Orlando, FL, -- BA., Politicol ScienCe 201.0 523 Stanzione, Tammy From. Oty Clerk Sent: 1 uesday, March 14, 2023 5:53 PM To- De Jem.rs, Maylee; Stan zione, Tanirvy Subject: FW: Advisory Board Appointryient application From: drnrcobb <i,ioreply@,123fori"nbuiilder.coTi> Sent: Tuesday, March 14, 2023 5:52 PIM To: City Clerk <CityCIerk@bbfI,us> Subject: Advisory Board Appointment appilication, =iw Name Phorn e number Address MM Education 013/14/2023 Naoirni Cobb 95�4-6916�-18,33 10,07 SE 3rd Street Boynton Beach FL ' 435 United States drnrcoLtLa)_&qj�Li�x..om W232M= MOE Do you res�ide within the Y Boynton Beaich City liISI mits? Do you own/manage a busiiness within City limits? T1 29031�� Are you currently serving on a Yes City board? Have you ser,ved on a City Yes board In thfast`? If "yes", which board(s) and CRA when? Haveyou ev been convicted Yes, of a crime? If "Yes", when, and where? Georgia 1982 Advisory Board Community Redevellopment Agency Advisory Board 524 aM w� M M Personal Qualifications Currently serve as Chair if CRA Advisory Board FOrfflelt° Pub�lic Administrator Currently employed as a Risk Manager for a non profit acrd have over 40 years as a public employee Professional IMemberships SHRM Feel free to, attach/upload an extra shieetear resume. Certification 1, the applicant, hereby certify that the state rne rits and answers provided hereirl are true and accurate. I understand that, if appointed, awry false statements may be cause for reirnoval from a board. The rnessage has been sent from 66. .0,10 (United States) at 2023-03,14 16:5MI on Chronie 11 .01,0, ErM'y ID,: 608 Referrer. h s, W,Ab�dnton-bg�ad .1tp,J1 n 'i � ci r Forn'i ldost: ry-hoaLd �L J Liqjent al )n L)8.32 4La.Jyjs 0 _2_ L �pi) L �aUL_ 525 Stanzione, Tammy 0, -Now WM- From. City Clerk Sent-. Tuesday, April 18, 2023 10:19 AM To: Stanzione, 1"arnrny Subject: FW Advisory Board Appointment application Attachments,. CGadsonResurne-,2022.pdf From: CM&adson4 �-,noireply@1forryibui,G(ler,coni��, Sent: TLIesday, April 18, 2023 10 10 AM To- City Clerk <CityClerk@bbfI.us> Subject. Advisory Board Appointment application Today's date O /18/2023 Name Chevette, Gadson Phone number 561-702-9973 Address 1480 NO. 3rd Street BOYNTON BEACH FL 33435-2622 Netherlands Email Current occupation or, if retired, prior Manager, Clint of School Programs occupation Education master of Science, Counseling Psychology Are you a regilst�ered y voter? I Do you reside within the Boynton Beach Y City firnits? Doyou own/manage Are you current�ly servi ng on a City Y1 boa,rd? Have you served on a City boarUII d in the it III past? I WU if "'Yes", which Education and Youth Advisory, Board - currently serving now boaird(s) and wheO IIS If "yes", when and where? Advisory Board Community Redevelopment Agency, Advisory Board J appointed by the City Commission to ;erve as Board Chair No or Vice Chair are ISI �II you willing to serve in this "ty? capad Personal I have beeni long-standing resident of Boynton Beach for 40+ years. Qualifications I have a B,A, degree in Finance. I have been a member of the Education and Youth, Advisory Board since Septernber 2019. 1 served as chapter president for the South Palm Beach, County Alurninae Chapter of Delta Sigma Theta, Sorority, Inc, for four years which included overseeing community prograrns and projects. I arri currently a Manager in the Departaient of Extended Learning with the RaIrri Beach County School District where, I oversee and support 40+ middle school afterschool pro rams with over a $2,00 ,01010 budget, I arum passionate and eager to serve the Boynton Beach community, professional Palm Beach School Counseling Association Memberships, Delta Sigma Theta Sorority, Inc. (Life rnernber) University of South Florida Alumni Association (Life mernber) Feel free to attach/upload aner (01�1&.L)L(Lad Ild 11 -,yc gt�j: 4!,, Od, I c extra sheet or 144d34 �ttps,Lfo n112YSLr�nLld, bu j_ resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and aCCUrate. I understand that, if appointed, any false statements may be cause for removal from a board. The rnessage has been sent frorn 127.01.0.1 (Neffiedands) at 2023-04-18 09:10;26 on Chrome 110.0.0,0 Entry ID: 622 Referrer: Form Host: I_1t-1j?2-:/In,..I1-foar nbuld'Ider,corn/5,3LA/9�y�gly g4 d.. ointen -Pp!Ilc.a.. .....o n 527 Starizione, TarnintX From: City Clerk Sent: Thursday, April 13, 2023 8:46 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: glouis129 <noreply@123formbuilder.com> Sent: Thursday, April 13, 2023 8:29 AM To: City Clerk <CityClerk@bbfl.uis> Subje,ct: Advisory Board Appointment applicatNoni Name Phone number Address EM n 04/13/20,23 GO,LENE GORDON 230 LAKE MONTEREY CIR BOYNTON BEACH Fl. 33426 United States &Lo3Js129@gmafl..gom Real estate agent, financial specialist and life insurance broker Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Dooui own/manaU a business it's w 'thin City li'miits? 1 1 1 1 If "Yes"', name of business: GORDON SOLUTION LLC Are you currently serving oni a Yes City board? Have you served on a City Yes be in the Past? if "Yes", whiich board(s) andl CURRENTILT SERVING AS A MEMBER OF CRAAB, FORMER ART COMMISSION BOARD when? AND FORMER F&D BOARD Have you ever been convicted No of a crime? if "Yes"', when and where? Advisory BoardCommunity Redevelopment Agency Advisory Board 528 if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? personal Qualifications MY MANY YEARS OF SERWNG THE COMMUNITY Professional Memberships MATERS OF lSMESS ADMIMSTRATION' Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any faise staternents may be cause for removal from a board. The rnessage has been sent frorn 69.18,0,113, 28 (Ulniited States at 20,23 04-13, 07:29-1019 on Chrome 111ff0,0 Entry ID: 617 ReferrerhtjpL-,jj bgLy_n_LQq-bp_4�,th'ggz -- _NyA�y _ Fc Host� htt :� fon,n.123foirrnbLdIder,ccon 32L4Za0visq oard-!prLqi 9t_ment-appflcation 529 Stanzione, Tammy From: ogre harts en,or,eply(�i)123foirmbui�ldler,,com> Sent- Thursday, March 3,01, 2023 3:57 PM To: City Clerk Subject- Advisory Board Appointment application Today's date 03/30/2023 Name Gregory Hartmann Phone number 954-258-3236 Address 1083 SW 25 PL Boynton Beach FL 33426 United States Em,all gregliairts@'prtotiinai�.co�rii Current occupation or, if Motion Graphic Artist/Business, owner retired, prior occupation Education ConnECfiCUt School of Broadcasting, Do you reside within the Yes Boynton Beach City llimits? Doyou own/manage a buisi�ness Yes within City lini If "yes", naime of business: Modern Animal LLC Are you currently serving of a Yes it board? Have you served on a City Yes board in the paist? If "yes"", wphich board(s) and whenArts AdvisoBo ry ard ? Have you ever bieein convicted No xif a crime? if appointed by the City C,omm,ilssilon to serve as Board Yes Chair, or Vice Chair are you willing to, serve in this capacity? Personal Quail Ifications; My qualifications to, be on the CRA advisory board are that of a srnalt business owner and engaged conistrtuenit who wants to bring their lousiness and life experience to the board. VI also serve the city on the Arts Advisory Board, I have volunteered and engaged I 530 the local community over the years, & have the understanding needed to help move the CRA and city in a positive direction, Professional Memberships Defray Beach P,BA =- 1707mr. MM Ytt oir resumei, Certification 1, the applicant, hereby certify that the staternents, and answers provided herein are true and accurate. I understand that, if appointed, any false staternents may be cause for removal from, a, board. The message has, been sent from 9,35.29.1.59 (Unfted 5tates) at 2023 013.30 14:57.-08 on Safari 15kl Entry ID: 613 Referrer: hit s: g, iLonzbe, rL/ yL Forni Host:iLttRs.diorrrij.123fon ,mbuide -COD)5 3LIAbAy-qL�20 yjsorko oigtrTignL- i d6on, _ _ -- 531 From: City Clerk Sent: Monday, April 17,2023&03 AM T+o: Stanzione, Tarnmy; De Jesus, Maylee Subject, FW: Advisory Board Appointrnent application Attachments: Mairk-,Jackowiaik.-Re$Llltne-04112023.pdf From-, rnjackowiak <noreply@123forTTibLilderconi> Sent: Friday, April 14, 2023 4:55 PM To: City Clerk <Cit,yClerk@bbfl.us> Subject: Advisory Board Appointnient application 04/14/2023 561-374-.0031 Address 3156 N Greenleaf Circle Boynton Beach FL 33426 United States Email�7gj�V_�P!)jt QW.�,L� (X�) - wYLaj-C�h . COM _C Current occupation or, If retired, prior CEO and Founder occupation Education Depaul University - Bachelor Degree of Arts in Business Management and Entrepreneurship, Are you a registered Yes voter? Do you reside within the Boynton Beach Yes i City, ilmlits? Do you own/manage a business within City Yes limits? If "Yes,", name of Ze,lta Home match business: Are you currently serving on a City No board? 0 532 If "Yes", which Cornsurner Protection Commission -teak Forest, IL 2004 board(s) and when? Have you ever been No convicted of a crinne? if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board lf,appointled by the C-Ity Commission to serve as Board Chair Yes or Vice, Chair are you willing to sierve in this, capacity? Personal My career in sales has given the ability to effectively comrnUni4cate and build strong Qualifications relationships. I served on the Consurners Protection Commi:sion, whichm I acted as a liaison between the community and businesses in the community, I currently olwin a home watch business in Boynton Beach and watch homes in Palm Beach County. I am serving as an Ambassador (Business Mentor) for the Dell,ray Beach Charnber of Commerce, 11, am bonded, Insured) and background checked with the National Horne Watch Association. I an') licensed a FlISAA Football and Baseball official. I have overall rating of 4.8. Professional National Horne Watch Association Memberships Delray Beach Chamber of Commerce - Arnbassador Committee Florida High School Athletic Association Feel free, to attach/upload anp �htt sILfoi,rn,123formbLJilder,.corTr 51L� extra, sheet or resuime. Certification 1, the applicant, hereby certify that the statements ands answers provided herein are true and accurate. I understand that, ifr appoh'ited, any false statements may be cause for renioval from a board. ThE! messwee has been: sent from 68.91.221,102 (United States) at 2023-04 14 15:55:21 on Chrorne 1.12,0.0.0 Entry ID: 619 Referrer tttiA.5!Lmv—wtoo yrLtgLl-b—LiLr!'i-o—rgZ Form Host: h 11,5� forni 1l �u LHder san-I L.51N t4 ns f k 1lrc fpjqULjjL-. e .p.pjjqatjon 533 MARK AAACKOWIAK Boynton Beach, I'L, 1 561.374,0031 CAREER SUMMARY Accotripi i shed bUShICSS entrepreneur and sales professional experienced irr niaxiinizing, business -to -business sale%within highly competitive markets. Expert closer committed to a soWflon-biised sales apl'.)roach and as Cu stomer-cent ered focus. J',",'xceptimial aabdity to build and im,'dntahi relatiorisilips with key decision makers. I"roven track record ol"exceeding indlion-doHar annual sales qw)tas. U'Atraordinary conitnunication and organizational skills. 0 Ncxv BUSiness Development Territory NIanagerilent Cl -Level Sales Relationships 11 KI'll LIGHTS Prospecting an(] Cold Calling COIISUltatiVe & S(flUtion Sales New Account Acquisition • Client Relationship Management • Key Account Management • Ucadershnp & Team Building PR(I WESSIONAL EXPERIENCE ZELTA HOME, WTCH — Boynton Beach, Fl, Dec 2022 to Current CE0 and 14'oander— Conduct vissual inspection, of a horne or property, looking for obvious issues. Ideatify water, inold and pest problems, or with various outside contractors to repair or service tile properties. Word ofmouth referrals and niat-ket affluent communities to secure an(] protect their hornes. Member ofthe National Home Watch Association -- insured, bonded and critri ina I background check I Nleniber ofthe Delray Beach Chamber of Commerce -- Accepted as an Arnbassador. Affiliation atid strong reiationship with All Trades Consiruction Company for Pr(Ject Management Top 10�% Home Watch Businesses in Paint Beach County, FL MONEY MAILER OF GREATER ORLAND — Frankfort, 11, Apr 2017 to Apr 202'2' f'runchise Responsible for day-to-day operations, monthly` profn and loss reporting, help businessesand nianagenieni create strategic plans to, niarket their prodUcis and services through direct rnail, rnobile and digital niarketing, • I nereased profit margins over 63% year over year • C lensed over 2,,469 spots ofadvertising in 20 19 • ANvartled Special Achievenient Award for increasing 1,573 spots� • Received the Dianumid ( I lub Member for being recognized of Outstanding Actdevenient of 501,4 montfis MAIIJACK EN'T"ERPRISE S, LLC — Oak Forest, IL Mar 2005 to Dec 2'018 ,Real Eslate Investor/Properq, Almutger — 1""UrChased real estate propertiesand land in ( 4eorgia, f1orida, Illinois, and 'rennesm,e, Managed and, operated rental properties in Illinois, Responsible I"or tic; day-to-day, activities in, the upkeepand inairocriance schedules with all vendors and contractors. * Negotiated reduced rates with triaintenance coinpanies, saving 10',N� annually * Screened applicants, coridticted background checks, dralled lease documents and collected rent checks 0, Coordiruitcd d, tender for tie", maintenance suppliers, successfully, saving the bUSiness 75% of the budget 534 NIAWA.JA(1X0W1AK l"ACK41.1 — Oak Forest, IL Jan 2016 to Jul 2017 Rqriotud,'Yales Director- S,old autornared solutions to retail and long -terns care pharmacies fiv slailup verAure. Cover seven states, in Midwest Region, Develop strategic relationships vvilli pharinaccutical whoesalers, automation providers and software vendors to build pipeline. * Ck)scd firms' first pliarniacy deal in Indiana, converting client llroni rnanual process 1.0 OL11'automated solutiom: client realized cost savings of$30,000 * Generated 191 leads and 10 new opportUllitieS, in I'lorida,'I"exas and Illinois * (,`,onsult with pliarmacies aboUl tfic R01 ofliatient-specific compliance packaging CINTAS (Fornierly Zee Medioil) — Chicago South, It., Jan 2015 to Dee 2016 Sqjtv andT'irs1Ait,1,Sa1es Consultant— Rcspovisible for the sale ofin'st aid supplies, training prog)ams, ernergency first - responder products andi personal protection equiptitent. Developed solution -based sales relationships by identifying potential probleirt areas in workplace safety. • Altained (.wer 130% ofquota in first quarter of 2015 • Ranked in the top 5% ofsales organization based on year-to-date sales revenue • Added 25 new accounts in municipal, industrial, retail and transportation segments AVIS BUD(YET CAR RE'NTAI-, GR(')tJP— Western Suburbs, [L MaY 2012 to Dee 2014 liulef)endentAgenc,j) Operalor—Maintafited as bminess plan airvied at developing rent -a -u ar business in local area. 1)eveloped and used internal relationships to ensure NO was niaJ wai tied and available. Responsibifitics included: budgethig, payroll, and ernployee numagenient. Hired, tvihvd, arrrcl motivated as tcan'r ()Henlal Associates, # l locatiori in counter sales revenue at 121% in January 2014 for Western Region Managed (lay to day operations of as $500,000 location, 10% revenue growth over, YTD 2013 Attained 1(.t10% ofmonthly counter sales incentive prograin for 200 WOLTERS KLIJWER FINANCIAL SERVICES, — Headquar(cred in St. Cloud, NIN Jan 2011 to Mez 2012 Y Account Executive -`~scald compliance, audit and risk nianagernenj S0j'tjVrarc solutions to C01nfl1Uni1Y banks niortgage lenders and insurance organizations, Collaborated with sales, retention speciaNsts and support partners to nicetchanging custonier needs. Attained l 00IN of'S] .4 nidli011 arlt'IMII SUbscriplion inventory quota i`xceedcd annual softwatre quota by 150010 C0111dUCted groul:)software demo, closed three out offive altendees, produced $60,000 in new sales DEPAUL UNIVERSITY - Chicago, Illinois Bachelor of its in Business Managerrient EDUCATION ASSOCIATIONS NATIONAL 1:10ME WA'1`01 ASSOCIATION - NUWA I)ELRAY BENCH (TIAMBER OF COMMERCE --AC" 'BASSA ORS COMMITTEE 535 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x 536 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. I MT-311M.w r w w -am Signature: D�ate:A, / ......... . - "I S:\CC\WPNBOARDS\Applica'dons' Adv�sory Board Applicabon 2023,doc M 537 Stan"Mone, Tamill From: City Gei,k Sent: Wednesday, April! 19, 2023 433 PM To: Stainzione, Tarnniy„ De Jesus, Mayleel Subject. FW: Advisory Board Appointnrient application Attachiments: Ali Lol-,)resto . Resunie-2021(focx From-, aml9889 <tiiorepty@)1123for-ryibtjilder.com> Sent: Wednesday, April 19, 2023 4:29 PM To: City Clerk < ityCle r k @ bbfl. us> Subject, Advisory Bolard Appolintinent application Today's date04/19/2023, Name Alexandria I_ rests Phiolne number 561-704-1718 Address 578 SW 25th Ave Boyntoln, Beach Florida 33435 United States Email aW9889 uain(iSICL) Tio Current occupation or, if retired, prior Medical Sales Representative occupation Education Florida International University Are you a registered Yes voter'? Do you reside within the Boynilton Beach Ye, s city limits? Do you own/manage ail business within City No limiits? Are you currently serving on a City No board? Haveyou served on a No City board in the paist7 i If.1yes", which, b0ard(s), and whein? 538 IN ffl�� if "yes", when and where? Advisory Board Cornrnunity Redeveloprrient Agency Advisory Board If appointed by the City Commiis'sion to serve as Board Chair Yes or Vice Chair are you willing to serve! in this capaicity? Personal I am a resident of Boynton Beach arid currently live in, Chapel Hilli. I am very interested in getting Qualifications involved in the city, l am extremely professional, passionate about this city and would love to be involved with this committee because 11 am fascinated by how it has changed over, the years. l ani, born and raised in Boynton Beach and probably will never leave this gorgeous area except for vacation. I also volunteer with the George Snow Scholarship Fund in Boca Raton in my spare time to review college applicants for scholarships, Il am always looking to give back to my cominnunity and think my knowledge of the area and being a young person, in business will make me an, asset to this board. Feel free to attach upload' an LiqpL.JLLogTi L2 d�,)h�)?.fi�c-id=3c7cc3,6,4c5260846e3d6cclb82c8302Wit; qforr,ribuilder,com extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herelln, are true and accurate, I understand that, if appointed, any false staternents r -nay be cause for removal from a board. The message has been sent from 75-301,2,29-2018 (United States) at 2023-04,1915:29:03 on Safari 14,0 Entry ID3 Referrer Form Heist h psj L-� -1 L�r—t42�sp i�,!_CLIAAqy—sojY--bo—ard _qj!InL,wLLrif2u 539 Alexandria M. Lopresto Cell phone: 561-704-1718 578 SW 25'�'Ave Boynton Beach, FL 33435 AML -2 2UN !3AII(Q),Q —W t D Education Florida International University, Miami, F1 Bachelor of Science in Hospitality M,anagertient, Minor inGlobial C"onmtini cati oils Graduated May 2013 GPA� 3.0 Work Exoerience Azurity Pharmaceuticals (Pre'viously-Arbor Pharn'raccuticals)- South 11orida March 2021) -Present Hospital Sales Repares enlativc • Sales and Marketing for five brandcd pharmaccutical products, (Giliadel, 'Trip(odur, Nyinalize, Firvanq, l`]cqsuvy) • Call points include Neurosurgeons, Neuro -oncologists, Hospitals, R U, OR, Pediatric F-ndocrinologists, Nursing Staff, f1hannacy Buyersand Clinical Nurse Educators. • Fostered relationships and perfurmed 111 -Services with Pharmacy Buyers, Neuro -K.' I U Nursing staff', Operating RoStaff a om Stand odier call points within (lie hospital s),Meni. • Leveraged relationships wi Ih key physicians and phartnacy personnel to get product, reviewed b�y P&TConimittee so that it call he added io the fficifity formulary list. • Tenriiory- South Florida- Ew Coast Vero Beach to the Keys and West Coast fi-on't Bradenton soulli to Naples I Fired at the beginuing of, the COV[D- 19 Pandemic navigated virtual selling envirolinlent utiliziiig NIS Teanis, Outlook and (wer the plione conversations to generale and exceed sales goals. Institutions I %,ork ch)sely vvith- Boca Regional, Delray Medical Center, JFK Medical Center, Sarasota Meirwrial, Giulf C'oast Medical Center, Cape Coral, St. Mary's, Broward General, Memorial Regional—Tackson J-leahh ;way stenn, University of'Miami Neuroscience Institute, Grew total territory allnual sales 15rc)m $1 .5 million in March 2020 to over $5,8 millioll prusent 2022. President's Oub 2020- Winner ranked 21"1 fil the nation President's C'ircle of Excellence 2021- Winner ranked I "°' in the nation Arbor SSaar Award 2020 Top 'Friptodur Sales A ward 2020 & 2021 fflo'�Delivery Sciences- West Pahn Beach, t'lorida March 2019- March 2022O Ten-itory Manager • Sales and Marketing for two branded pharmacculicall products (Belbuca & Symproic) • Ca 11 points in Pain Managenient, Internal Medicine and Neurology. • Created strong reationships with Pain imanagernell Practices in illy territory to grow the baseline ofBelbuca fifins. 4P FIducated lillysicialis and stal"fon clinical benefits ol,' bloth Nanded products as well as assisted with managed care pull through and, prior authorizations. • My first full quarter with BDSl 14 2 2019) 1 exceeded voh.ime fol-TRx in, any previous quarter in the Itistory of the lerhtory. • Managed a territory wilb the geography of Boca Raton to Vero Beach, 540 Pernix 'rherapeutics —West I'ahn Beach, F lorida Ociober 2014. -February 2019 Phartitaccutical S,pecialty Sales Representative • Sales and Marketing offbur Branded PhannaceUtical Drugs (Zohydro F'R, Silenor, "Freximet, lc hedez1a) to Physicians in, tile following specially fields: Internal Medicine, Psychiatry, Primary ("are & Neurologists, • Analyzed call and sales, reports to establish morc of and effective strategy • Persuasive conimunication and interpersonal skills, adept with developing strong and successful relationships'with clients • Able to communicate sciernific data clearly and concisely to all audiences, including MAs, nurses, nurse practitioners and physicians • I leld as l0-+- call per day schedule with pharmacy visits • Fxceeded quarterly sales goals air(] demonstrated product growth widrin my terriiory • Four quarters, in as row exceeded goal of I OW,() to plan on all three products • Since joining Pernix have Ireld 30"' in the company or better on national sales rankings based off as sales force of2()O reps • FN" 20117- Ranked Q2 out 78 reps, in the company FY 2016- Ranked 06 out ol'34 reps in the company FY 2015- Rariked 0-29 out 200 reps in the coinpany C orlsistently grew sales through acccaunt management for four products in the speciahics of Internal Medicine, Pain Management, Primary ('are & Neurology, • Managed as lcn,ilory 1'rom North Fort Lauderdale to "I"itusville, F loricla. • Nicniber ofthe Pernix Advisory COUITCH, a board coarprised cif 12 employees selected 1wy the CFO [c) represent dift'ererit areas ol'the company at quarterly meetings. Pronova 'orporation Bro\vard & Pahn Beach County, Florida July 201 y-Ocu) tier 2014 Manag'er. Sales and N4arkefing offour Branded Phannaceutical Drugs (Ilemax, Obtrex, (..)btrex DYIA, Digex NF) to Physicians in the l'ollowing Specialty fields! OB/GYN, I-lenIatology/Oncology, (Jastroenrcrology & Nephrology Almlyzed call and sales reports to establisb MOTV CfliCielll and efl&five strategy Persuasive conri,nunicafion and interpersonal skills, adept with developing stroilg and smccessful relationships %vith clients Able to comatturicate scietliffic dala clearly and concisely to all audiences, including MAs, 11LU-SeS, nurse practitionerx and physicians FY 2013 -Ranked 02 out of'25 Reps in the c�,mmpany FY 2014 -Ranked #2 out of'25 Reps in the company Held a 10', call per day schedule with pliarmacy visits Exceeded quanerly and yearly sales goalsand denionstraled product growth wilhin my terntory grew sales in four Products in the specialties oT(I')B/GYN, FlematologyX)ncology, ("jasiroenterology, and Nephrology Held and mainwined the second largest territory within Pronova t...'orporalilon Community Se,rvice & L,ars idershjp Roles Pr eOdenl Delray Beach'Youth Council, 2006-20108 ,aoccer Btah'llyl Captait), Boca Raton Top Soccer Association, 2006- Present Teain Captain, Atlantic ("ollim tinnily I'ligh School "lomen's Goll"Temn, 2004-2008 541 Stanzione. Tammy . ...... From: City Clerk Sent, W I ednesday, February 01, 2023 12:12 PM, To: De Jesurs, Maylee, Stanzione, Tarnmy Subject: FVV': Advisory Board Appointment application Attachments: Noelle.docx From. nmcir)tyre82 <noT°eply@123form' ilder,COfTl> Sent: Wednesday, February 1, 2023 11:15 AM To: City Clerk <CityClerk@bbfI,us> Subject: Advisory Board Appointment application Today's date 02/01/2023 Name, Noelle McIntyre Phone number 561-703-3759 Address 910 SW 27th Avenue Boynton Beach Florida 33435 United States Email, !I RIc Yr�u y Current occupation or, if retired, prior Self Employed occupation Education Some college Are you a registered Yes voter? Do you reside within the Boyntoin Beach Yes city limits? Do you own/manage a bulsiness, within CityNo Urnits? If "'yes"', name of business: Are you cu!rrently serving on a City No boaird? Have youser ved on a ,City board in the No past? If "Yes", which board(s) and wheni? I 542 543 Have you ever been No wiff"U "I I if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board if aippointed by t�he City Commission to serve as Board Chair Y or Vice Chair are you willing to serve in this capacity? Personal, see attachment Qualifications Professional Memberships Feel free to attach/upload an h t tpsA, _5259a1152 form,12 3formbuilder,coML extra sheet or — resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate, 1, understand that, if appointed, any false statements, may be cause for reniioval from a board, The message has been, sent from 73,57,19.1.90 (United States,) at 2023-02-011,114:42 on Chrome 109.0 0,0 Entry IID: 587 Referrer: ht p -,/L 'a t -019LI: IUItLRMI nt lication Form HoW L I 544 545 AMMAR wo V RE,R 547 From: City Clerk Sent: Monday, April 24, 20,23 -7:44 AM To: Stanzione, Tarnmy Subject: FW Advis,ory Board AppoirmMent application From. hirurzun <noreply @123forr-nbluider.com> Sent: Saturday, April 22, 2023 3,:58 PM To: City Nark <CityClerk@bbflAJS> Subject: Advisory, Board, Appointment application Today's date 04/22/2023 Name Heather Posta Phone number 561-6,35-0114 Address 2555 SW 14 th Stree Boynton Beach Florida Florida 42 Reserved Email Liirurzun@ Current occupation or,, if Delray Beach Ocean ReSCLJe Lieutenant retired, prior occupation Education Hi school diplorna Are you a registered voteir? Yes Do you reside within the Yes Boynton Beach City 11mits? within City limits? if 11yes", na,mie of business - Are you currently serving on a No City boarid? Haive you serived on a City No board in the paist? IL;��sWclti board(s) and when? Have you ever been convicted No of a crime? if "Yes", when, and where? Advisory Board Community Redevelopment Agency Advisory Board 548 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications As an Ocean Rescue Lieutenant for City of Delray Beach over the past 28 years, I have had a great deal of experience in representing the Ocean Rescue/ Fire Rescue Division in many different facets. I have received several different proclamations from our cities mayor on behalf of our Lifeguard Competition Tearn, spoken on behalf of several employees receiving their service awards in front of all of our department heads, and presented at several of our local schools for our Ocean Awareness Program. I have participated in ongoing, community Outreach by teaching CPR classes to Our city employees , as well as being the lead instructor of our Junior Lifeguard Prograrn, Professional Memberships I have been a nnernber in good standing of the United States life-saving Association as well as The international Association of firefighters, for the past 28 years. . W i 11 li z-xt�ra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for reirnoval from a board. The message has, been sent frorn 174,228.1,64,52 (Reserved) at 2023-04-22 '14,,58:16 on lPhone 15.6 Entry M 625 F-opplication orm Host: h s: J11- Y-!?,�NL4- U ;uncal -e L 549 From: lesharOUndtireell <nor y.&Jt22, f o tjr CO , n > �aL)ujlder,, I Sent: Wednesday, March 291, 2023 2:47 PM To: City Clerk <01y Lejj,@—bkj-ft�Lj–s> Subject: Advisory Board Appointment application Today's date 03/29/2023 Name Lesiva Rouncitree phone number Address 805 N.E 2nd Ct, Boynton Beach FL 334,35 Netherlands Email m,�T-t Current occupation or, if retired, prior occupation Education Master Degree Are you a registered Yes voter? Do, you reside within the Boynton Beach, City yes limits? Do you own/manage a business within City limits? if "yes", name of buisines,s- LCAE AR nterprises Are you currently serving Yes on a, City board? Have you served on a Yes City board in the past? i If "yes", which boair�dl(s) Parks and Recreation and when? Education Advisory CornmUnity Relations Library Advisory Have you ever been N10 convicted of a crime. If "yes", when and where? Advisory Board please select... If appointed by the City Commission, to serve as Yes Board Chair or Vice Chair I 550 are, you willing to serve in this capacity? Personal Qualifications Professional Mie�mb�erships Feel free to attach/uPloadi an extra sheet or resume. Certification 1, the aipplicant, hereby certify that the statements and, answers provided herein are true and accurate, I understand that, if appointed, any false staternents may be cause for removal frorn aboard. The message has been senit frot'n 127.0,01 (Netherlands) at 2023-03-291 BA7:29 on Chrorne 110.0, .0 Entry IID612 Referrer: h ' ti ' IITI I Form HosV h t i� ff A iio( p2din e t" L�L)!Lcatjon 551 Stanizione, Tamp] Y Fronn: Lesha ROUncitree <esliarouridt�i,e,ell@gTnaill.coi-n> Sent- I"u,esday, April 04, 2023 11: O AM To: Stanz�ione, Tammy Subject: Re: FVV: Advisory Board Appointment appfication Hello - I apWWd Rw two boardL I air very interested in the CRA Advisory Board. On Tue, Apr 4, 2023 at 8.21 AM Stanzione, Tarniny <StanziorIeIR[LbfUs> wrote: Thank YOU, M have reodved your AdviWory Board Appohm,nent alipfication. Y'OLU appIkation mill Cre subalned to tk CRy CornmKon for consideratIon of appointment at the April :18, 2023 Cornrnission iirieeitng, e� 7 '[a'urmry Sr'anzror�e' Cr"'IC Deputy Cly CO'k, CRY Uerk's' Olk("' hAaHing Address: HI Box 310 � B,,.ov,nton BeaO,, Fk'-aida 33425 P[rvskal Address; 100 E. Ocean Ave. I Boynton Reach Fladda 33435 k. SE',0742 6062 fia StanQneT(qi,Db[iR us I PInse be advNed tho HOW has as bmad puNic recork, R,,i,�vvcmd all wqxWexe to rrr(-Ai aenrfll rnay he SUbjr,,,,(I U), Nor% records law, emaH addresws me puWk awords. Thoekm, your e maH corrununkWon and your einaH addrox may be suboct to pubUc dhNsum, From- City, Clerk <gity�g1kL@ bbtl, up Sent: Wednesday, March 2% 2123 392 PM To: Stan zione, Tarnmy De Jesus, Mayl:ee <Debf I-Le-sL)L ..-I. —us > Subject: FW: Ad,visolry Board Appointment application 552 From: City Clerk Sent: Wednesday, March 08, 2023 3:41 PM To: Stanzione, Tarnmy Subject: FW': Advisory Board Appointment application From: calixtefranoels e <noreply@123fo�,tnbLilder.comi> Sent: Wednesday, March 08, 20239:15 AM To: City Clerk <CityC1erk@bbfl.us> Subject: Advisory Board Apip ontinent application Today's date 031/08/2023 Name Fraincoise Calixte-Dieuvfl Phone number Address Email calixtefraincoisecwznlLgil�Com Current occupation or, if Esol Coordinator retired, prior oiccuipation Education Ks Are you a registered voter? Yes Doi you reside within the Yes Boynton Beach City li�mit�s? Do you own/manaige a, businesis NO within City limits? if ""yes", name of business: Are you cu rre ntly seirvi nig on a Y'eis City board? Have you served on a City yes board in the piast? If "yes", which board(s) and when? Education & YouA th dvisory Board for the past four-plus years, Have you ever been convicted No of a crime? If "yes", when and where". Advisory Board Education and Youth Advs,ory Bio and 553 If appointed by the City Personal Qualifications Palmer Beach Atiandc University Master's in organizational leadership Palm Beach State College Bachelor's in management & Supervision Associated of Art in Health Sciences Graduated with an honor PaIrn Beach Maritirne Academy Secondary sol Coordinator) 2022 — Present City of Delray Beach (Finance UTB), 2019 -2022 Perform general administrative management duties Collect services fee Create a spreadsheet for the collection fee Promote poisitive ei'Tipioyee relations and employee morale daiily. South County Drug Abuse Foundation Inc. 20,16- 2019 Health Behavior Educator/Counseling/HN advocate Keep appointment calendars, and schedule Professional Memberships F&R Immigration and Notary services 2007-2016 Provide administrative and StaffAssistant to the whole staff. Help with translation File paperwork Monitor daily Payroll sheet Church volunteer 2005 -Present Counsel and coach people with different needs Teach Sunday schoo I for all age g,ro u ps Assist with planning youth activities A971TOM. I extra sheet or resumei. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for rernoval frorni a board. The niessage has been sent frorn, 5x0.23 a'.1 8.186 (United! States) at 2023,03-018 09.14161 ()nj ClIq'rorne 110,0,0,0 Entry 110; 61015 Referrer11tps JjWww,boynton-beach.p�rgj Form Host; h tforn 1,123fornibuilde co Lg, as EY:k�EA-4PPR LU t, ffigIll- j1p 554 Stainizionle, Tammy From: it Clerk Sent: 'Tuesday, February 21, 2023 8:23 AM To: Stanzione, I'arnmy; Die Jesus, Maylee Subject: FW: Advisory Board Appointment applliicaition Attachments: Nkola s.-Giacalone-LoR.picif From: nicolasgiacaloo e <noreplly@123fori,nbuilldet,com> Sent: Saturday, February 18, 2023 1:28 PM To: City Clerk <CityCierk@bbfLUl5> Subject: Advisory Board Appointment appfication Today's date 02/18/2023 �Namie Nicoiias Giacalone Phone number 561-699-3466i Address 4170 Key Unie Blvd Boynton Beach FL 33436 United States Email mica las. giacalon Current occupation or, if retired, Iprior Marco, Rubio for Senate occuption Education College Student Are you a regi�stered voter? Yes Do you resiIUII de within the Boynton Beach Yes city, limits? Do you oiwni/manaige if "yes", name of business. Are you currently cerving on ai City No board? naive you servied on a City board in the No past? If "yes", which board(s) and when? 555 If "yes", when and where? Advisory Board Education and youth Advisory Board If appointed by the City Cornmission to serve as Board Chair Yes or Vice Chair are you willing to, serve in this capacity? Personal I am 19 years old and started my career in public service in middle school at Franklin Acaderny in Qualifications Boynton Beach, Florida, I served as a student council representative and won mern ber of the year, II went on to serve as President of the Jr. Class of 2022 and Chairman of FUndraising for the Student Government Association at Sornerset Academy Canyons High School in Boynton Beach, Florida, In 12th gracile, l was, elected to served as the President of Student Gov erni"nent Association, ^which I governed the middle -high school, II now am attending Lynn University, 11 know, the education system well, as I hived in it and have been around for it practically my whole life. Professional A committeeman at the Republican Executive Committee of Palm Beach County. Memberships Intern, and IPalrn Beach County Administrative Liaison for Marco Rubio's 2022Re-election Carnpaign, Feel free to attach/upload an d=29�6�lcad 6�8c6bb,Olt��J.0134f7'7085e736352 extra sheet or resume. Certification 1, the applicant, hereby certify that the stat ernents and answers provided herein are true and accurate,. I understand that, if appointed, any false staternents may be cause for removal froiru a, board, The nnessape has been sent from 9,9,210,19:8,,214 (Ur'Oted States), at 20,23- 18 13 27A2 on Whone 16,2 Entry 11D: 592' Refenvrhnl;!iILWvvA,,LcMEitgn,-beacL]..o_rgZ Form Host: h tL 5 14 ad jg:L�zLrL@p ohlLaltal- _g )Ljfirgtjj[on _p_ _ _ 556 December V, 2022 I am pleased to have the opportunity to write a letter of recommendation on behalf of Wicol;;w Nicolas' declicvtion to kis acadernics and leaders'tivil will make him an M=jjjjMMMjjj= 11 E Nicolas has been alct�ively engaged in piolitics, interning with, my South Florida campaign tea As a Campaign Intern, Nicolas, hais taiken an act�ive role in engaging with Florida voters, whiile di�scus,sing issues that matter most to them. Nicolas has also demonstrated his commitment to his coimmuniity by having completed oiver 4,00 hopast four years. I I am proud that Nicolas' experience working with my campaign has inspiired him to further his leadership, and I have no doubt he will thrive alt his next opportunity, Nicolas' passion for academics, as well as his understanding of politics, ensures he will be a great aisset to you. Thank you for your th-ne ainid consideration in this matter. To discuss Nicolas' recommendation further please contact my Political Director, Matt Grucla, ait 305-613-6651. MOM Marco, Rubio United States Senator 557 Stanzione, Tammy I from: City Clerk Sent: Monday, March 20, 2023 2:07 P,M To: Stanzione, Tammy; De Jesus, Ma lee Subject: FW Advisory Board Appointment application Attachiments: Resume Te�resa M-3-23,clocx From: Damcclendon, <i,io�repill y@1foi,milbit,iilder.coni> Sent- Monday, March 201, 20,23 12J3 PM To: City perk <GtyCler k@bbfl.us> Subject: Advisory Board Appointment application Today's date 08/16/1963 Name Dr Teresa Kase y -Mc Clend oin Phone number 561-577-9272 Address 7228 Chesapeake Circie Boynton Beach Florida 33436 United States Emaill DrtmiccliendoLift, fl.corn Current occupation or, if'Executive Director Early Childhood Education reti�red�, pricer occupation Doctrine of Divinity yes Do you reside within the Boynton Beach City Yes limits? -mo you own/manage a 'i�uslness within City Y" ]limits?, If "yes", name of Little Cubz Learning enter buisiness� Are you currently No serving on a City board? Have you served on a No City board in the past? If "yes"', which board(s) and when? Have you ever been No, convicted of a crime? 558 If "Yes", when; and where? Advisory oard Education and Youth Advisory Board If appointed by the City Commission to serve as Bioa rd Cha I r or Vice No Personal Qualifications Asa Pastor and cornmUnity leader Ministering to, low-incorne fat'nilies On a consistent bas'i's. As an Experienced Childcare Provider Serving area farnihes and seeing the needs of the people firsthand, and hearing their COrnplaints and hearing their struggles. During the Pandemic serving our community by opening a food pantry, giving away clothing. Shoes and assisting, with: ministry finances. Professional Way of Life Family Worship Center Memberships Children Services Council StrongMinds Prevention Central of South Florida American Heeart Association National Chaplain Association Florida Association of Childcare Management NAACP �Feel free to attach/upload an, extra htjpsj f�oral-n.123forriiibLi�dc%rcos' )IL!lp (Ldid i Li-Mleid=58bl,findW.396f5ff7afe8c6da, cfed78 sheet or resume. Ce�irtification 1, the applicant, hereby certify that the statements andl answers provided herein pare true and accurate. I understaind that, if appointed,, any false statements may be cause for removal from a board. The niessage has been sent fron,,j 166,2'05.159.62 (United States), at 20,23 03-20 11:12:51 on Whone 163 Entry ID,. 609 Referrer LittpZtwbqy oq,,jlg_a� Lk&g ,ILL g/ Forni Host; tit orrn.123formbudder.,con jajZ141 Jj �E )i),E I -a r t .9 n rnc� t 559 OMM11wrom 1079MVIONSTMEIZOI 7228 Chesapeake Circle - Boynton Beach, FL 33436 Cell (561) 577-9272 Email - Liv2livagin@Paola ,com Patrick, Henry High - Ranoke, VA 06/1981 National Bus. College Salem, VA 10/ 1983 Fashion Merchandizing Palm beach State College Lake Worth,, FI -8/2015 Director; Degree Faith Christian University School 5/20109 Doctorate Leadership Tabernacle Bible College & Sieminary Doctorate Divinity *Work Experience: Way of Life Ministry B I 'oynton Beach, Fl. 2020 Executive Administratoir/Pas�tor Instructor - Mentor: Manage Administrative Sitaff, Correspondence, Typing, Dat E�ntry, Reicorld- keeping, Filing, Meeting Scheduling. Mana- &Train Volunteers Alternative Unlimited Plantation, FI 01/210iO6-05/2008 Pfl-If Administrative Assistant Office, Administration, Registration, Data Entry, Scheduling, Appointment Setting, Filing, Reporting, Teacher Assistant Manage & Train New Hires Portsmouth Redevelopment & Housing Authority - Administrative Assistant: Chesapleiake, VA - 07/1999- Oil/2OiO2. Typing, Filing, Meeting Scheduling, Office Management, Data Ent�ry, Report Updates & Filing, Electronic Billing, Customer Service, Traffic Calls, Accounts Payable, Sort &, Distribute Mail, Accounts Payable & Receivable. R & R Transportation,, Inc. Oi2/2000 - 01.5/2001, Suff6lk, VA Marketing/Advertisileiment & Custom,er Service Marketing & Advertisement, Transporter, Appointment Setting�, Quote Preparation, Data Entry, Customer Service, Data E�ntry, Matrix Updating, Manage & e-ui [Harrison Museum of African. Culture 0 Itirector Assistant American 08/1.997'- 01/2000 Roanoke) Vj-X,. #ffice Management, Payroll, Accounts P�ayabile & Receivable, lWata Entry, Manage &Train Volunteers Trigon BC/BS - 11/1.987'-07/1997 Roanoke, VA Customer Service Claims S�plecialist/Prolvider Service, Retention, Benefits Analysis,, 561 Claims Entry & Processor, Coding, Billing, Medical Claims Assistant , Roanoke Virginia 05/1983 - Assistant Dietary Director /Dining Rooim Assistant Assistant to Dietar , y Director, Manage Administrative Staff, Correispiondencei, Typing Record -keeping, Filing, Meeting, Scheduling, Data Entry, Menu Preparation, Manage Evenin I` Staff Waitress, Assist Coiolks Skills: Administration Operator/Reco ptio�nis�t Office Management Dis�patch, Data Entry Volunteer Coordinator Mentoiring, /Business Machines Certified Effective Supervision Licensed Parenting Instructor Licensed Minister/ Noutic Counseling Medical Billing/'Claims Filing Insurance Benefits/P,r,ovider & Broker Service Nursing Home Dietary Food Preparation/ Training Medical Term inoloigy Microfilm & Microfiche "Tele mrktin ,Fundra i sing Pam Canon -Lead Secretary Portsmouth Redevelopment & Housing Authority 80�O High Street Poirtsimouth, VA 237015 (757) 39i9-5261 Felicia Walker Regional Director 28001 Oakland Blvd Fo�rt Lauderdale 33311,4 (1754) 32:1-7050 Tierra Kasey - CEO Prevention Central Fort Lauderdale, Fl 33336 (954) 599-2267 94EM., I=MNwM Michael J.r. McClendon - Pas�tor Ramsey Coins�ultant�s A1TV.7T Gwixtwticatiovs V17 0 W, WI M To, 105 = Tammy Autrey Marriott Richmond, V 5611225-3527 1 61^& Stanzione, TaIMIMIX . . . ............ From: City Clerk Sent: Wednesday, March 01, 2023 12:25 PM To: Stanzione, Tammy,- De Jesus, Mayllee Subject: FW: Advisory Board Appointment application Sent: Wednesday, March 1, 2023 12.018 PM To: City Clerk <CityClerk@bbfl.us> Subject- Advisory Board Appointment application Today's date 03/01/2023 Name Vall,erie Valcourt Phone nuim,ber 561-293-6591 Address 410 IN W 16th Ave Boynton Beach Florida 33435 Netherlands Fm iaill vafeerie.vall qjLiL bjLdlLi2!,±),ach.$)n!j2qLAcam, Current occupation or, Jif retired, prior occupation Educator Education Doctorate in Educational Leadership Are you a registered voter? Yes Do you reside within I i the Yes Boynton Beach City limits? Do you own/manage a business iW ,within City limits? if ""yes"', name of business: Areyou currently serving on a: Yes, City board? Have you served on a City Yes board in the past? If "yes", which boiard(s) and I am currently the chairperson for the Education & Youth Advisory Boar* when? Have you ever been convicted No of a, crime? if "yes", when and where? Advisory Board Education and Youth Advisory Board r. 564 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacIty? Personal Qualifications I have been, on the Education & Youth Advisory Board since 2020. 1 have served as, the chairperson the last 2 years. I am also an Assistant Principal for the' cho l District of Palm Beach County. I have graduate degrees in Educational Leadership, Professional Memberships Feel free to attach/upload an extra sheet or resume., Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 127.01.01.1 (Netherlands) at 20,23-03-01 12:08J6 on Chromie 108.0.0.0 Entry ID: 5,98, Referrer: !"i t qg�jj'VLWfflW�tg) MLQn .LN'Ai-11, Lai Form Host', ht s,,) j.Lq!n_ I�Jf2Lr -12__ _ru 565 From: City Clerk SentFriday, March 31, 2023 428 PM 'To: Stanzione, Tarnrny; De JeSILIS, Ma to Subject: W Advisory Board Appointi[nent application Attachments, Brad -Jackson -12022 'Resiuime,docx From: bjackson <�nioreply@,1,23fortnbluildeir.co�"n> Sunt® Friday, March 31, 2023 3:30 PM To. pity Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointrrient application Today's date 03/3,1/2023 Name Bradley Jackson, Phone number 561-2' -5791 Address 815 W. Boynton Beach, Blvd., Apt 15-103 Boynton, Beach FL 33426, United States Emaill bac kson Ccqer Current occupation or, if retired, prior Marketing Director for Engineering & SUrveying Firrn occupation Education Bachelors Degree froini FSU in Business/Hospitafity Management Aire you a registered Yes voter? Do you resiide withiin the Boynton Beach Y'e s City limits? Do you oiwn/manailge If "yes", name of business: Are you currently serving on, a City No board''17 Have youi served on a No City, board in the past? If "Yes", which board(s) and when? 566 Have you ever been Yes convictO of a, cri-tte? If "'Yes", when and 2014, Driving Under Influence where? If appointed by the City Commission to serve as Board Chair Yes or Vice Chair are you wi Ming to serve in this capacity? Personal I work in the,, architeCtUre, engineering, and construction industry and hawse knowledge and Qualifications appreciation for our historic buildings and resources in the City and the important of preserving there from being erased through overdevelopiment or redevelopment. I have previous, experience volunteering at the South Florida Fair in their yesteryear village (YYV) park to help spread information and awareness about the historic structures being preserved there so that people of all ages can learn, about history in Palm Beach County, I serve on the Young Professionals, SponsorsWp, and Hospitality Committees at the Fair which help prornote YYV throughout the Community, Professional Society of Marketing Professional Services, (SNIPS) South Florida Chapter Memberships AEC Trendsetter's of: Florida Leadership Painij Beach County Rusty Gordon LQ+ Democratic Caucus, Urban Land Institute (MLI) Southeast Florida Chapter Florida Engineering Society American Society of Civil Engineers Feel free to attach/uploa,di an c1a6eb7aedb9527bcO17f2f extra sheet or Mutt ms: forrru.;�forrmmi�au�IMpr comm fug load did, Ir resurne,, Certification, 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any, false state me rits may be cause for removal from a board. The niessage has bleen sent from, 501.244.140,133 (United States) at 2023-01,31, 1.4:30:20 on Chrome 111,0,0,0 Entry ID,., 614 Referrec htfjps w%Lw boyn Form Host-, u or sJL httjj m.123forrnLi r.&Loj-DJj�. �UAL�Ld oi�oty-bg�a rd -a ppoi Lit m eqjjjj?2icat"qn, _ _ _jdc 1_ _ RMA Bradley Jackson # I-5 W- [,o--y-n-t"o—riA-pil. 151()3, Boyraon 13eadl, FL 33426 1 (561) 252-579 1 1 To be considered for a seat on the Boynton Beach Historic Resources Preservation oar to serve the residents as, a member of the coninnunity committed to preserving the rich history of the buildings and architecture in the City. Skills Excellent Communicator and Coordinator • Highly adept at marketing research and organization of company functions • Convey leadership qualities in managing organizations and business responsibilities • Pai-ticipating in community activism and engagirigi with local leader's to, enhance the environt-neat and well- being for our neighbors Edu atron BS Business/Hospitality Managerrient � May 2013 � Florida Mate University (Leadership Boot Carnp, College of Business � October- 201,81 Florida AtIa ntic University 4W Current.job E2=6enice Dir. of Marketing & Business Development I Engenuity GWUP, lnc, I March 2oi.3- Present 0 Manage and at times pregame all RFQJRFP responses, for public sector, work * Manage, prepare, and post content for company website,social rnedia 0 Manage and prepare conterit for company newsletter through Coristant Contacts 0 Prepaire and review reSUmes and project experience cut sheets for marketing 0 Coordiriate and manage teaming opportunities for private and Public sector, projects 0 Attend networking events to socialize wei various groups of people to learn and develop new business connections for the company 0 Research and develop ri-iiarketing, strategies, firma -wide 0 Manage admilinistrative staff to ensure quality control of day to day tasks VOIL nteg u-!qj i e in ic, e, 0 Society of Marketing Professional Services (SMPS) South Floriida Chapter: Past President 2020-2,022, President 2019-2020, President Elect 2018-20ag, Programs ilair 2017-2018 0 AEC T"rrendsetter's of Florida� Viice President 2020-2022, Board Mernber 2017-2020 0 Leadership Palm Beach County Class of 20: 2,2. Current Alurnini serviing on HohdayBe.akfast, Focus, & Forward Committees 0 Rusty Gordon L.GBT0+ Democratic Caucus: Secretary & Endorsements Chair 2021,. -Current: # South Florida Fair & Exposiitions- 'Beyond the Falr'Young Professionals Class Of 20'21, Serving on Sponsorships, Youngi Leaders, & Hospitality CommitteeS, 2023- Current 0 Compass: Stonewall Ball Host Cornmittee Menibel" 2022- Current 0 Sunfest. dates Comirnittee Member 2022 -Current Urban, Land Institute (UU) Southeast Florida Chapter_ Palm Beach County Young Le�aders Steering Comr-nittee Member' 2018 -Current Florida Engineering Sobiety:"volunteer yearly for MATHCOUNTS & Engineer It! COMpetitionswhich, engage elementary & mididdile schroolers with rriath and science American Society of Civil Engineers: VOilUnteer yearly for Bowl -a - Thor) Scholarship event Volunteered on i different local Ipoliitical carripaiigns 569 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x 570 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. I MT-311M.w r w w -am Signature: D�ate:A, / ......... . - "I S:\CC\WPNBOARDS\Applica'dons' Adv�sory Board Applicabon 2023,doc M 571 Starizione, Tammy Fromi- City Clerk Sent- Thursday, March 02', 2023 218 PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From, lindsaykarten <iioreply@123fortn,builder.coni> Sent: Thursday, March 2, 2023 8:41 AM To. City Clerk <0tyClerk@bbf1,us> Subject., Advisory Board Appointment appfication Address 3386 CHURCHILL DR BOYNTON BEACH FL 33435 United States Email l"ndsavkarterii(o')Rniaill.corTi Z Do you reside within the Yes Boynton Beach City limits? Do you own/manaige a business No within City 11imits? Are, you currently serving on a No City board? Have you served on a City No board, In the past? 14 bis-o2rd( Have you ever been convicted No of a crimO, If "Yes"', when and where? ,Advisory Board Library Boa:rd If appointed by the City Yes Commission to serve as Board .1 572 Chair or Vice Chair are you willling to serve In this capacity? Personal Qualifications, Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers proided herein are true and accurate. I understand that, if apointed, any failse statements may be cause for rernoval frorn a board. 'Th:e rnes5age has been sem from 1.7 .55,112,230 (United States) at 20123-013 02 08AOA7 ori Chrome 11 .0.01.0 Eritry ID: GOI Referre,rht�pi,-11w.ter w )yjL tgq-bg Li4,CTd Form Flost: ht( s,/ forrii.12�3foriiiibuiilclt,,rcoinLM3�q4lild i boardcrpp i �a I i 0 r, 573 '3 Stanzione, Tammy From: Clity Clerk Sent: Wednesday, (March 08, 2023 7:43 AM To: Stanizione, Tarnrny; De JeSUS, Maylee Subjt: FW: Advisory Board Appointment application Attachments: Marcia Levine RestA,nii(�iiciit-ch-23,doc From: marcialorHevine <noreply@123forrnbuilder.corn> Sent: Tuesday, March 7, 20,23 7:40 PM To: City Clerk <CityCierk@ bbf L LIS> Suibject: Adviisory Board App6ntrnent application Today's date /07/2023 Name niarcia IeOne A 0 a * A It 14 4 Address, 6,25 casa Lorria blvd' apt 8018, Boynton Beach FL 33435 United States Email Current occupation or, if retired, prior DJ occupation Education College Graduate Are you a registered Yes voter? Do you reside within ts? Do you own/manage a business within City No 111fits? Are you currently Yes serving on a City board? H�ave you served on a Y'es City board in the piaslt? if" ns", winich board(s) I arn currently: and when Library Board Mernber terrTi expires 3/31/23 This is a request for renewall of that position Senjor Advisory Board Mernber (start Data; 2022), 574 If"yes", when and where,? Advisory Boiard Library Board If apt by the City Commission to serve as Board Chair or Vice Yes Thank you for asking me to renew my application/Library Advisory Board Member, I WOUld be honored to be able to continue for another terni. It's difficult for rne to express my positive qualifies as I like to practice hUrnility in all aspects of rny life, but I ani, a service oriented, cornirnunity minded and involved resident of The City of Boynton each. My whole fan'-dly loves libraries and the majority, of rny farrifly mernbers, are avid reaiders , I not only love to read, but I llolve the concept of the library as an important fabric and glue of the cornmunity, I love the work that Mr. Craig Clark and the tearn are doing and 11 want to he able to help,with the endeavors going forward. Professional Wornen For Excellience Worrier's Leadership Group Memberships Wornen in Developimenit-Wornen who are the fundraising area DL Franchise Record Pool-Dj Networking G rrO U P Feel free to attach,/u!pload an extra Littps 23foi"r'vi�buildeL.C(—)ry-)AIPLO—ad-110stip?fileLct=t7da(i6cdfl3f3l)lf29,33523f43bfd334 sheet or resume. Certification, 1, the applicant, hereby certify that the staternents and answers provided herein are true and accurate. I understand that, if appointed, any fallse statements may be cause for, removal froni a board, The niessage Ihas been sera frorn 206.214,134.18 (United States) at 20123-03,017 1939:50 On: Chroflle JJ01010.0 Entry IM 604 Referrer: I, L L) qy i kq!h L - gfj RUP L be _ _4Z Forrn Host: .11 ... Ni de -1.1—L 575 Boynton Beach, Florida (917) 693-4729 marcialorilevine@gmiaip.com SUMMARY I am a tl'IOUght-foul, and creaitive business professional, with a successful career prin'larily within the media/ marketing and sales arena. II have an established track record of cultivating strong internal/externaI partnerships. II am adept marketer and facilitator. I believe my experiences will allow rile the opportunity to, join, a tearn, and to not only personally flourish, taunt also to help Iflake a difference on the team (s) I join VIDEO CONFERENCE PRODUCER, Virtual, 2019-Presenl Set -Up and Adrn inister/Faciltate Techni,cal Support for Virtual SeIrinars/Trainings, Recovery Workshops and Professional Conferences, Manage all in rneefing operations, including instructions on how to participate via computer or pahone-in options, muting/un -I'll LJ ting features, polling, breakout roorns, screen sl")aring, and whiteboard/ with attendee participation. P,rovi:lde help with, set -Up Of Ineeting (s), registration with correct in- meeling controls/ functions, to Insure, smooth, orderly and successful conference/workshops for stake -holders,... OLD SCHOOL SQUAREICORNELL ART MUSEUM:, Delray Beac1i, Fl. 2018-20,20 Assistant Museum Operations Director Assist �irector of OperationS/CLffator' Duties include: opening and closing rnuseUrn, Wrating, operating and irraintaining Museurn Stoire, placing media buys for Art Shows at OSS/driving revenue to Old School Square. Manage, reception desk adn'0ssions/donations through Square Register operating system, Greet guests With working kirlowledge, of Old Scl,ioot Square and Cornell Art Miiuse u m_W rite all press releases. Engage and tour visitors through the exhibits. THE HEALTH CHANNEL/South Florida PBS, Miami -Da de- Pali n Beach Counfy 2017-20,18 Account Execlutive (one year contract) Relocated to Florida to join team to develop/taunch The Health Channel properties, and ,Nww,allhe4fly Jv websile, Responsibilities includeDevelopment of all marketing materials, generating leads, daily prospecting and lead generation, outreach into local cornimunity to create partner relationships, presentations virtually and in-person. Successfully worked togettier with Baptist/ Bethesda Soufll Ploidda's marketing group and with aFP S creative, marketing and ad sales divisions. VIVENTIUM SOFTWARE, New York, N.Y. 2o 1 6_201 7 Nationall Sales Account Executive (Outside and Inside Sales) N I was recruited to develop NYC territory and assist the (launch, of Viventiurn Software, Responsibillties Include: Developmerit of leacls, daily prospecting, virtual arid in person selling/closing, cold call arid lead generation for all HCM (Hurnari Capital Management /Payroll, Onboarding, HR,) products, Led the launcl'itearr in new bUSIness !sales, meeting and exceeding rnonthly arid yearly goals, $250,000 Gross Revenue A+E TELEVISION NETWORKS, New York, N. Y. 19,99 -20,15 Account Executive, New Business Developrnent Specialist, A&E, Biography, History Channel 01 Researched/venerated new bUSlness opportunifies;, prospected on a daily baisis. Identified customer needs, set Up client rneefings/presented to senior level decision makers. Closed high percentage of new lbusiness,; met and exceeded, yearly sales, goals; Grew, sales list revenue frorn $10 million to $100 rnillflon over tine course of 14 years. VOLUNTEER & COMMUNITY SERVICE ACTIVITIES Boynton Beach Art In Public Places„ Vice Chair, Boynton each Library Advisoiry Board Member, Boynton Beach Senior. Advisory Board Member, Vice-Char Overeaters Anonymous PaIrn Beach Counity Board of Directors , Reading VOILInteer Mestchester Mordessorl! School & Carlarsle Childcare Development Center; IDeveloped Therapeutic Music Program for Children oil the Autistic Spectrum; EXTRA -CURRICULAR ACTIVITRES Professional DJ for the past 20 years, I go by the mane, "01 Marsh" II have had over 25,01 D,J jobs In various locations. I specialize In varied playlists that satisfy all age ranges. I transitioned to virtual D'ing during COVID, but I arn currently back to live OJing- EDUCATION B.A., Hunter College, New York, N,Y. 576 577 From. are <n:oreply@1:123tor,iiibL,Iil,der",com> Sent: TUesday, IMarch 14, 2023 2:47 PM To: City, Gerk Subject: Advismy Board Appointment application Attachments: ATR-resurne-2023,pcif Today's, date 03/14/2023 Name Ace Till!ton Ratcfiff Phone number 561-376-3640 Address 142 SW 13th, Avenue Boynton Beach Fl. 33435, United States Email ace@staVweirdbekindcom Current occupation or,, if retired, prior Self-employed artist, photographer,, and writer occupation Education BA in, political science from UCF Are you a registered voter? Yes, Do you reside within, the Boynton Keach Y'e s City limits? Do olid owin/manage a business withiin, City Yes limits? If Oyes",, name of Harper's Promise, currenfly on hiatus business: Are, you currently serving on a City Yes board? Have you served on a City board in the Yes past? If "Yes", which 11 have served on the Art Advisory Board and the Library Board for one tenn each. board(s) and whien7 Have you ever been No convicted of a crime? If "yes"',, when and where? Advisory Board Llbrary Board 578 If appointed by the, City Commission to serve as Board Chair Yes or Vice Chair are you willing to serve in this capacity? Personal I arn almost a lifelong resident of Boynton Beach. Though I left for a period to live in, California, I Qualifications returned: to my hornetown to buy a house and create a life here. I have served in ryly capacity on the Library Board for one term and I am interested inanother, I! arn am author with rny first book forthcoming from Simon & Schuster. Also II LOVE our library!! Professional City of Boynton Beach Art Advisory Board, Member Membership City, of Boynton Beach Library Advisory Board, Member Feel'l free to attach/upload an ()Lmbui LderLoniZup Ll,.�.p-?f-.'iLc��d=6cldl630le328le7'4(�;2ld5,53a29ee7cc548 extra sheet or resume. Certification 11, the applicant, hereby certify that the statements, and answers provided herein are true and accurate. i understand that, if appointed, any false staten'ients may be cause for removal from, a board, The message has Ihernrr sent frorn185,203,218.28 (United States) at 2023-03-14 13A6�55 on Chrorne 10 9.0.0,0 Entry ID, 607 Referrer: httjL�'w A ,N�qyljjavg. a,Jl, Form HoW htt.j s boa d-appointryie t pj2LLg gr! J,I�UrLq�123fq�'nibuflde,c nj 21 - r ni -a LLqg 579 Ace possesses a dedicated group of almost 20K amazing Witter followers and makes nearly 2-5, million impressions there on a monthly basis. Ace and their followers focus on connnunity .-care, raising thousands of dollars for places like local, abortion funds or Fiyah Magazine, in order to sponsor disabled BIPOC to attend FIYAHCON. Co -founder, Deathcare Advisor Harper's Promise, LLC I January, 2018 Present Harper"s Promise is an in-horne pet euthanasia, hospice and palliative care practice n ice devoted to helpig families throughout South Florida provide the best possible end of life experience, In 2017, Ace co-founded the practice with their partner, Dr, Derek Calhoun (a veterinarian), after the death of their chilwah ua, Harper ..— the best -worst dog ever. Ace applies years of funeral industry expertise to working in conjunction with Derek to enhance quality of life for chronically ill pets while providing dignity, cornfort, and control, through the final stages of incurable illness for those that are terminally ill. Ace and Derek keep Harper's Promise by helping provide pets a good death, which is an, integral part of a good life. Funeral Director, Embalmer, & Crematory Operator Parent-Soretisen Mortuary & Crernatoryl January,, 2014 - 1'Y 2015 Wilson & Kratzer Mortuaries I October2012 — January, 2014 Smith & Witter Funerail Home I January, 2012 — August, 2012 Boynton Memorial Chapel I May, 20110 - Augusto 20,10 Ace had direct responsibility for administrative arid organizational management in addition to fast -paced event planning and production with extremely tight deadlines. She has superlative custorner relation skills under demanding and stressful circumstances. She coordinated legal paperwork at a county, state, and national level, with a focus on calendar, budget and contract management. Sheflexibly worked between three office locations in addition to remote, after-hours teleptione work. She provided necessary support to a tightly Icnit team when not working independently. She conceptualized funerals, for thousands of families from a multitude of ethnic and cultural backgrounds after in. -depth, personal phone and onsite interviews and conferences. She completed a rigorous and extremely dernanding two-year ernbalming apprenticeship. Norninum, Inc. Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end-users - typically systern administrators. She standardized, content across platforms, revised docurnents, and clarified instructions, to make docurnentation easier to use. She is proficient in lira software for ticketing systems and Madcap Flare for document creation. She is willing and able to learn any new software or programs required. Sunfed,, Inc' Ace was a combination event -coordinator, customer service representative, and salesperson, providing innovative service by using over 14 -years of experience in situational analysis to create repeat -customer loyalty. They were in charge of all advertising and social media campaigns, including all written 581 communications released by the company. Ace implemented multiple high-level, marketing -oriented processes and procedures, with a strong focus, on social inedia maintenance across multiple major platforms. ACTWHOES & City ofBoynton Beach Art Advisory Board, Member City of Boynton Reach Library Advisory Board, Member IAAI IPC Meniber EDIU(,,,/k Ir KN American River College, Sacramento, CA .- A.S., Furwral Services 2012 University of Central Florida,, Orlando, FL - BA, POHOW1 SC'ifflte 2010 582 Stanzionejaimmy Frorn: City Clerk Senit: Monday, January 23, 2023 7121 AM To: Starizione, Tarnmy Subj,ect: FW: Ad� sory Board Appointryient application Attachments, Vaiies,sa-IBeNi,nont-,Resume-copy.pdf From: vanessabelmonte <rioreply@123foriiibLlillder,cort'ii> Sent: Saturday, January 21,, 2023 :22 PM Toy: City clerk <GtyCIerk@bbfl.us> Subject: Advisory, Board App6sitment application Today's date 01/21/2023 Name Vanessa, Belimonte phone number 407-913-9563 Address 100 NE 6th Street Apt 6,017 Boynton Beach Florida 33435 United States Email v,airiessabeir-non,I@L2En2a�il,(�ori� xmmmm�� if retired, prior Marketing ConSWtaflt occuipation Education Bachelors Degree, University of Central Florida 2008 Are you a registered Yes voter? Do you reside within the �Boynton Beach Yes City limits? Do you own/maniaige a business within City No, I i TI -it's? if "yes",, name of business: Are you currently serving on a City No ho, w2 H�ave yoilu served on a No C4 board in the past? i 583 Have ' you ever been, Yes convicted *,f a c:r' If "yes", when and 2004, misderneanor for possession, of niarijuana at a college party where? Advisory Board Pianning & Developirient Board If appointed by the City Cornimission to .serve as Board Chalr2LMI, Vice Chair are you, willing to serve in this capacity? Personal QualificationsI'mi passionate about the intersection of technology and culture, For the past 1.2 years I've helped cireatives, startLIPS, SM Es & entrepreneurs ideate and execute on their visions & projects through 1"narkefing, communications, events and business operations andl more recently in creative consulting & transformational coaching. I have 5 years of experience with digital transformation, and corrimunity building. My experience both working with small businesses building communities for start1ups makes rile a great candidate, for the Planning & Development Board, I have, innovative approaches yet and grounded in sustainable growth and thriving community, Professional Professional Memberships: Memberships OperiExO Arnbassador Certified OpenExO Trainer, Advisor and Consultant Certified Internship, Mentor with Boston Ext Feel free to attach/upload an ext�raLittps.,LforrTi.123frriibuildgrcorriZ.ypj!2 f Certification, 1, the appficant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removall from a board. The message has been, sent from 206.214.134.162 (United! States) at 2023-01-21 17:2130 on Chronie 107ffO,O Entry M; 584 Form Host; htIpL.11 .123fornibuilder,co nLf)L3�IALa(4,��s ry - 4j2Q2jO1MgnL-1pV I i c .. . .......... —i— _ _g_ _Lqg�2_ & 584 Broad,based background with over 12 years' hands on experiolce in the areas of digitall rnarketing, brand develollillent, social rnedia, and online development. InsighlifuiJ and result -driven professional with a profound ability to conceptuahze, devellop and CIOCUte markefing ca ill paigns tlamt bURd strong and rner-norabte brands. dnnovative leader with, wide -ranging experience delivering resu Its by creating and linsfigatingsn"ategic and tactical 50iiAiOnS that advances productsawareiless; with a proven track record of work iiigc�'oss-funictdoriallytOeXOCLuto new Projects, direct MLilfi,Site Operations, in')prove, productivity and profitability, and ein1hiance the custoiner's experience, • Community Relations • Strategic Market Planning • Budget Managerneril • Project Managennerit • Event Managerrent 0, Chent Development 0 EXPERIENCE ...... .......... Branding Development Social Media Management Market & Cornipetitor Research • Commuinication &: Storytelling • Creative Team, I eaclership • Customer Engagement Optimization Ch,lef Creative Officer 20,110 .2022. Culture Climax -A Creative Agency Fooncied ("uhure Cliniox to helps smoflbushiosses growthrough branding development andcreative, morAefing, as improved brand awareness and helped cheints connect with potential custorners by developing creative communityoutreach canipaigns and advocated brand on r'nultiple social media c hannels • Cultivated community and connection withsponsored events • Inueased sales and custonwr engagen'ient for 30,-a chents by developing g[ owth strate&s and creating uptirnized social rnedia designs and content • Strean-ilincd all facets of operifloins, of ever)ts, marketing carnpaigns and Launch Of over 50 busiriesses • Ensured the s0'ategic vision of agencies and 40+ clients were in line with the brand development and content creation, indluding graphlic, desrgn, filhning, and photography Community Manager 2019-2020 OpenExO - Global Transformation Ecosystern & Marketplace * Increased efficiency by autornating community oribuarding process, einail marketing and sales fUnnels utiibzing HubSpot * Spearheaded engagernent campaigns, ordine partnerships, vMue generation and growth, strategies to heip build and inianage a 50001 mernbei comnumity * Coordinated ri,per 'sawn and virtual evflits on a weekly and monthly basis for 100+ people * Managed and led Oper'atjoln$ fC ',' live Certification programs, inchi&ig doveiop processes, research and inilAecent tools, strearinfine onboarding, manage logistics, content and CoIllaterall Marketing Director 20,17 - 20,19 ExO Works - Digital Transformation Consultancy, Pioneei,ed the innovation of creative marketing canipaigris, N andkig, and content creation that led to 24% im, rease in sales and boosted revenue generation ■ Oversaw marketing operations and optirnized KPIS for partnerships with Accenture and Hoit Business School Documented and supported outcomes of ExO innovation sprint for Fortune 500 Ccrnpank-,s Contributed to the ExponentiM Tr insforirnitioin book, and launched campaigns and events for hook promotion Oversaw, organiza d arld shaped company image by implementing processes dor corriparly, offerings, press and partnersllips Booking Manager 2015-2017 ExCr Speakers - Speakers Burreau for Digital Transformation, Speakers • Spearheaded con tracts, booking, marketing and traveI for high profile keynote speaker s and ulthors, • Coordinated contracts for 15-1 global speaking engagernents peir inionti"i • Managed client correspondence and trained and oversaw 2 eirnployees • Negotiated cw&acts fw spealking E�ngagernentq, increasing rev"'lue by 30% 585 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x 587 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. I MT-311M.w r w w -am Signature: D�ate:A, / ......... . - "I S:\CC\WPNBOARDS\Applica'dons' Adv�sory Board Applicabon 2023,doc M Sitanizioniei, From: It Clerk Sent: wednesday, AprH 19, 2023 5:20 P'M To: Stanzione, Tamniy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application Attachments: Ali-Loper esto,-Resuinie-2023,docx From., arn19889! <i,ioreply@123fort,nbLlildei,,cotn> Sent-, Wednesday, Aprd 19, 2023 4:45 PM To. City Clerk <CityClerk@bbf1.us> Subject: Advisory Board Appointment applicatlon Today's date 04/19/2023 Name, Alexandria Lopesto phone number 561-704-1718 Address 578 SW' Stew Av Boynton Beach Florida 3343S, United States Email PM yAh 00 99 -r -n Current occupation or, if retired, prior Medical Sales Representative occupation Education Florida International University Are you a registered Yes voter?' Do you: reside within the Boynton Beach Yes City limits? Do you own/manage a business within City N,o limits? If "Yes"', name of business - Are you currently serving on a City No boa,rd? Haveyou, , served on a City board in; the No past? if ""Yes""', which, board(s) and when? I 589 Have you ever been No convicted of a crime? If "yes", when aindl where? Advisory Board Planning Development Board 'f appointed by the City Commission to q.e,rve as Board Chair ir Vice Chalir are you YqE willing toserve in t'hiis capacity? Personal I am 32 years old and have lived in Boynton Beach my whole fife. I love this city and am amazed Qualifications by how much it has grown and changed over the years. i am always looking to get involved in the community and think this would be a great opportunity for me. Il currently volunteer for some other local charities and scholarship committees. I am very interested in the new development of our city and the opportunity for these projects to benefit our residents. I enjoy riding my bike to Downtown Boynton, Beach and also taking part in the Iholiday festivities. I currently live in Chapel Hill and love how rnuch the downtown area has evolved and would love to be a part of the future of Boynton Beach, Professional Memberships Feell free to attach/upload an hup -qd47551f(,),5b28d7ed35a6cO9d7'1'74722 extra sheet or LeW� resume., Certification 1, the applilcant, hereby certify that the staterrients and answers provided herein are true and accurate, I understand that, if appointed, any false staternents may be cauise for removal from a board, The niessage has been sent from 75,30.229.208 (United States) at 2023-04-19 15A4:33 on Safari 14.0 Entry ID: 624 Referrer � tq bea .21111-_cg_nIjrnittees Form Host; h a rd a poLiLLtq3Di�� 1?1 i n �Yornnbufliderx f 590 Stanzione, Tammy From: leshag-OU ncitreell <nloi,eply@123�fon'i-nl)uilder,coi-n> Sent: Wednesday, March 29,2023 2A2 PM To': City Clerk Subject- Advisory BoardAppointrnent appkation Today's, date 03/29/2023 Name Leshai Roundtree Phone n!uim,ber Address 805 NE 2nd Ct, Boynton Beach FL 33435 Netherlands Emall lesharoundltree,ll@lgtaill.co,ii-i Current occupation or, if Edcatoir retired, �pri�o�r oc!cuipatio�n Education pMaster Degree Do you reside within the Yes BoBeach City firnits? If "yes,"', name of business: L Enterpin'ses Are you currently serving on a No City board? Have you served on a: City Yes board in the past? If "yu s", which board(s) and Education Advis:o:ry Board wheu ni? Library Adviscry Community Relations Parks aind Recreation Have you ever been convicted No #4 a crime? if "yes,"', when and where?' If appointeid by the City Commission to serve as Board Chair or Vice Chair are you Planning & Development Board 591 I W.M*T1qMM'W extra sheet or resume., Certification 1, the applicant, hereby certify that the statements and answers provided herein are trio e and' acclu rate. 11 Understand that, if appointed, any false state mints ma:ly be carse for removal from a board. The message has been sent frorn 127.0.0.1 (Nethedairids) at 2023,03-29 13,:42:11 on Chrome 11 .0.0,0 Entry ID: 61.1 ReferrerI .2 MI Form Host: !LqL)s1�1LoLrn.,123f ornibuflder.gm 3 32.j a _vjs_o[yLcqr_ :ApRL a ( au _ 592 From: City Clerk S,en t Friday, March 03, 20,23 1213 PM To: Staern zform e, Tammy; De JeSUIS, Haylee Subject: FW Advisory Board Appointment applicafion From: n,ick "-tunno <riorply@123formbtjilder.coni> Sent!. Fridlay, March 3, 2023 11:45 AM To: it Clerk <0tyClerk@bbfLu:s> Subject- Advisory Board Appoiritrnent application Today's clato /03/2023 Name Nicholas TUnno Phone number 561-862-7240 Address 4 Nottingharn PI Boynton Beach City limits? Bo,yntoin, Beach FL 33426 Do you olwin/imaniage, a business United States Email Li �k k Lu o 6�y 1 jjg () c o 13 �� !_ _.a_ L Current occu �pation or, if I Sales Manager revired, Prior occupation Education Bachelors Are you a registered voter? Y'e,s Do you residewithin, the Yes Boynton Beach City limits? Do you olwin/imaniage, a business within City limits? No if "yes", name of business - Are you! clurrentl:y serving on a No City board? Have you served on a City No, board iin the past? If "Yes,"', which board (s) and whein? Rave you ever been convictied No, of a crimie? if "yes", when, and where? Advisory Board Planning & Development Board 593 If appointed by the City Commission to serve as Board yes Chair or Vice Chair are you willing to, serve in this capacity? personal Qualifications Hello. I have been a board member of SIARM PaIrn Beach County for many years working closely with businesses, and business professionals in OUr con'-irnunity. I'mi very passionate about serv'ing oin boards that allow me to rnake an impact in my local cornniunity. I'ni seeking a new challenge and arn confident 1 can rnake a real impact in hat vier role t take, I also serve as a sales manager for a large hisurance consulting firm. I nianage 13 offices and over 50 professionals. 1'rn a great coach and mentor in this capacity, professional Memberships SHRM Palm Beach County Board of Director, Surru'rier Search Norr Profit Junior Board mernber. Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are. true and accurate. 11 understand that, if appointed, any false statements may be cause for rernoval born a board, The message has been sent froini 731,106,23 (United States) at 2023-013 03 DA5:00 on Chronle 110,0, 0.0 Entry 0: 602 Forum H�ost: htjps,:J oj,..jL23formbudder.cp[ji j 3L dvis'qMj�d j - o t , ent-:,4—atLj®r1 _ rn P 594 From: City Clerk Sent: Thursday, February 23, 20,23 229 PM To: Stanzione, Tammy; De Jesus, Maylee Subject: FM Advisory Board Appointment application From, beveridge,n,sarah <noreply@123fornibtiilder.corii> Sent: Thursday, February 23, 20, 23 2:44 PM To: City Clerk <CityClerk@bbfl1.us> Subject. Advisory Board Appointment application Today's date 02/23/2023 Name Sarah Beveridige Phone number Address 3681 WOLF RUN LN BOYNTON BEACH FL 33435 Ulnited States Email Current occupation or, If Stay at home mother, previOUSly a teacher retired,, prior occupation Education Bachelors Do you reside witIII w hin the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? Are you currently serving on a No City board? Have you served on a City No board in the past? J0 i ic"Nioardis) and whien? Have you ever been convicted No of a crime? if "yes", when and where? Advisory Board Recreation & Parks Board 0 595 596 If appointed by the City Commission to serve as Board, No Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications As, a another and a previous educator I feel I have a connection to what is needed in our community. Feel free to attach/lupilloadi an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers, provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board, The messige has been sent from 73.2�04,57,247 (United States) at 20,23-02-23 M44:19 on Chrome 110.0,5481.83 Entry ID,: 595 Referrer bIAL)sJ:jAApyLi Lrjq:t PacL�LrE/ MLnj:�Pp Form Host: r4-g1mgLq ' -!j ation 597 598 From: camgeoff <noreply@123fornibuild:ler.cory)> Sent: Tuesday, March 28, 2023 11:1 ' ABS To,: City Clerk Subject: Advisory Board Appointment application Today's date 03/28/2023 Name Geoff Campbell Phone number 864-320-6712 Address 221 SE 5th Ave. Apt. B Boynton each Florida 33435 United States Email, camgeoff@gmaii,com Current occupation or, if Landscape Architect retired, prior occupation Education Bachelors Are you a registered voter? Yes Do you reside, within the Yes Boynton Beaich City limits? Do you own/mianage a business No within City limi�ts? If "Yes", name of business- KEITH Are you currently serving on a Yes City boa;rid? Have you served on a City Yes board 'in the past? if "'Yes", which board(s) and Recreation and Parks when? DZINEEMEMMM Advisory Board Recreation & Parks Boare if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you wil Ii ng to serve in thl s capacity? Personal Qualifications Practicing landscape Architect well versed in site and park design,, maintenance and construction. Lifelong athlete, former Boynton Beach Tennis League participant, 0 599 I'll 11 11 1 1A extra sihieeit or resume., Certification 1, the applicant, hereby certify that the stat eren ents and answers provided herein are true and accurate. I understand that, if a,pppint ed, any false stat ernents rnay be cause for removal from a board. The message has been sent from 64-152.141,146 (Unfted States) it 2023-03-28 10:11:39 on Chrome 111.0.0.0 Entry D 10 Refpirrer Form Host: hq —f gr LB� 2 L4 _p ��.j Aqvi jL(ja[d�,UL)qLinqnent- p,�C I —2 ory 11-flif Stanzione, Tammy From: City Clerk Sent: Wednesday, March 01, 2023 2:05 PM To: Stanzione, Tarnmy, De Jesus, M�aylee Subject: FW: Advisory Board Appointment application -1-7 , - ; .0 i Sent: Wedinesday, March 1, 2023 1:31 PM To: City Clerk <CityClerk@bbfLus> I SubAdvisory Board! Appointment application Today's date 03/011/2023 Name Julie Mondello Phone number 561-346-,9466 Address 122 Lancaster Road Boynton IBeach FL 33426 United States EmailLtLh-ejri—oa-Le1(o-2yAL -qpnn Current occupation or, If Technology Project Mianager retired, prior occupation Education, MBA Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/mainage a business within, City limit's? if "yes", name of business, Are you currently serving on a Yes City board? Have you served) on a City Yes, board in the past? if "yes"', which board(s) and I have been serving on the Recreation and Parks, board for the last 10 years or so. when? Have you ever been convicted No Bmf a crime? if "yes,"', when and where? Advisory Board Recreation & Parks Board t. 601 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I have a daughter in high school and she ha grown up going to parks, park events and city of Boynton Beach event. Are parks are beautiful and important to childen's lives, important to everyone's lives especially since the paniclemic, I am, currently the chair of I the board and I think all of or board members are doing a great job. Professional M" emberships Project Management Professional' (PMP) Six Sigma Green Belt Feel free to attach/upload an extra sheet or resume. Certification, 1, the applicant, hereby certify that the staternents and answers, provided herein are true and: accurate. 11 understand that, if appointed, any false statements may be cause for rernoval from a board. The message has been sent from 73,46,25.173 (Un:ited States) at 2023,-03-01 13:31:06 on Chrome 108-01.0.0 Entry ID: 599 Deferrer Form Most: 3214 adv oard-a: p9intn L, p gj&� --m—(MAA Dfly, Havei you serve on a City board ini thie 'Yes past? If "'Yes", whiich Youth and Education and Recreation and Parks Boards board(s) aind when? ull If "yes",'when and where? Advisory Board Recreation & Parks Board If appointed by the City Commission to serve as BoardChair Yes or Vice Chia! r are you willing to serve ini thiis Capacity? Personal I am presently serving oin this board ,Qualifications Professional Member of Kappa Alpha Psi Memberships Feel free to attach/uptoad an 11!.Vs: orm. 23forrnbuil co t�4�a 911 & 2�9,ta i� �a j.1---a.....--1..-1--M1e1 I �oa d _�J-Il�d, L �Oi&bfLZt5,L63 extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand t�hait, if appointed, any failse staternents may be cause for removal from a board. The message has been sent from 131,91.7.200 (United States) at 2023-02-28 12:1034 on Chrome 110.0,0.0 Entry ID: 596 Referrer IIt Form Host:.h j1,2 j�gAjjgn ......... . ....... . ... . .... --gn— RP 11-TIX Stanizione, Tammy To: City Clerk Subject: RE: Advisory Board Appointment application From: City Clerk <CityClerk@bbfl�.us> Sent: Tuesday, February 28, 2023, 1218 PM To: Stanzione Tarnmt<Stanzion T'- bblifL, > D us. V, Sent: Tuesday, February 28i, 2023 12:11 PM To: City Clerk <Qy us> Today's date 02/28/2023 Name, Franido Patterson Phone number Address I I I I RWIVIII United States Current occupation or, if retired, prior Director of Testing and Certification occupation Education Master Degree Are your a registered Yes voter? Do you reside withiin, the Boynton Beach Yes City limits? Do you own/miainage a business within City No linnits? if "yes,', name of business: Are you currently serving on a City Yes boardl? 604 Frando LPattemon, Boynton Beach, Fl, 33,426 Objective: A visionary and proactive individual who is seeking a position where my skills, abilities, and experience will benefit tile organizations goals and objectives. Education: Golden Gate Un&ersitj, San Francisco, CA Master of Science Hunian Resources Educational emphasis Personnel Management ;lune 1991 Terare vseeStat e Universitji Nashville, TN Master of Education Curriculum and Instruction Educational emphasis Business Education (.',onipleted 33, hour toward teaching certification Tennessee State Universil Y Bachelor of Business Admin Educational emphasis Marketing CCA F Associated Degree Nashville, TN May1983 Maxwell AFB Education and 'I"raining Management Work llistot%y: Florida Atlantic Universitj, Boca Raton, FL Director of Testing and Certification Dec 2007 to tile Present Director of Testing Preparation Responsibilities - Department manager for all activities in the center which includes overseeing Budget, Revenue and Expenses, Additional responsibilities include employee relations (personnel policies, ernPloyment, hiring and staff development) and marketing of tile services offered by the departnient. Point of contact torr all academic and professional test administration, record keeping and scheduling of pencil and paper tests, computer-based tests, and internet- based tests (national, state, local), Test center manager for PROM TRIC APTC, PEARSON "UE, PS] centers, Priniary manager for administer functions for the test Prep departnient. lZellresent the department or the university at various functions or committees, as needed. 605 Tennessee State 0,tiversity Nashville, TN Testing Supervisor Jail 4993 to Nov 2007 Respons ibili ties - Supervised and administer cornputer-based and paper and pencil exams, These exams included GRE, MAT, CASTLEWORLD, CLEP, PSI, GED ACC LP PLACER, MCATand Praxis series test. Supervised and trained graduate assistants and contractual test proctors on administering test for the department. Advise university personnel, students, and the public on testing requirements. Military History: Air Force Reserve Marietta, (jA a 4"' Wing'Training Manager Jan 2013 to June 2015 45"' Aerospace Evacuation Squadron June 2015 to Jan 2017 Wing Training Manager/ Unit'Irraining Manager Responsibilities,- -Worked as the OPR for training programs for units serviced by tine l'orce Support Squadron, In my capacity as a Wing Training Manager, I ensured programs were in place to inanage upgrade, qualification, in-ganison, and ancillary training, Irriplenient and manage training prograrris, policies, and procedures as directed by higher headquarter, Review and coordinate wing and unit -level training publications, supplements, and operating instructions, and provide reconimendations to the appropriate OPRs. Tennessee Air National Guard Nashville, T N T'rai ni ng Manager 11, 8"' AES July 1 91 to Jan 2013 Resl.)onsihifities- Advise the Unit Commander oil all training issues Develops, delivers, and evaluates education and trairring progranis Apply instructional system development process for job standards Advise Air National C.,suard 4NO CFM oil training issues Advise niernbers as 'school dates using'FEAM Award members skill level using Milpds Advise AN Readiness ("enter concerning training issues Super -User for tile ANCi Medical Communities for AFTR Senior Instructor tarn tile Express Train Class (Class for newly appointed) U l, M and units that are 12 months out from a HSI) Instructor for Supervisor Involvement Course ANG Field Rep for AI TR United State Air Force July1987 to July 1199 Computer Skills: MicrosofiWords, PowerPoint, Excel, Banner and Access Organization: Member ATP-NCTA ORP Standard workgroup Rel'erence: Available on Request