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Agenda 09-14-23The City of Boynton Beach City Commission Agenda Thursday, September 14, 2023, 6:00 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 David Tolces, Interim City Attorney Maylee De Jesus, City Clerk City Commission Meeting and Second Budget Hearing *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org 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 Vice Mayor Thomas Turkin. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other Information Items by members of the City Commission. A. Conduct Second Public Budget Hearing for FY 2023/2024 Final Millage and Tentative Annual Operating Budget. Proposed Resolution No. R23-119- Adopt the FINAL millage rate for the General Fund for Fiscal Year 2023-2024. Proposed Resolution No. R23-120- Adopt The FINAL Budget for the General Fund and all other funds for Fiscal Year 2023-2024. Approve Millage Rate and Budgeted Funds 3. Announcements, Community and Special Events And Presentations A. Presentation and Discussion- Artificial Reef.- Tabled from September 5, 2023. Present to the City Commission: research findings on artificial reefs in the City of Boynton Beach; benefits and costs of installing a new artificial reef in Oceanfront 3 Park; available grants that could fund the project. Discuss the future direction of the project. 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 A. Community Support Funds Approve Community Support Funds to various organizations, from the Mayor and Commissioners. 6. Consent Agenda A. Proposed Resolution No. R23-121- Ratification of FY 2024 CRA Budget. Ratification by the City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2023-2024. B. Proposed Resolution No. R23-122- Intracoastal Park - Restoration Project. Authorize the Mayor to sign an amended deed of conservation easement with South Florida Water Management District (SFWMD) and Easement Agreement with Boynton Wildlife, LLC. to allow access, evaluation, restoration and maintenance of the mangrove wetland area located at Intracoastal Park. C. Proposed Resolution No. R23-123- Hurricane Nicole DR4680 Funding Agreement. Approve and authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Nicole DR4680 between the City of Boynton Beach and State of Florida, Division of Emergency Management. D. Proposed Resolution No. R23-124- Sub -recipient Agreements for the Community Development Block Grant (CDBG), as adopted in the CDBG FY2023 One Year Annual Action Plan, R23-098. Approve and Authorize the Mayor to sign sub -recipient agreements for the Community Development Block Grant (CDBG), as adopted in the CDBG FY 2023 One Year Annual Action Plan, R23-098. E. Proposed Resolution No. R23-125- Subrecipient Agreements six-month extension, with Boynton Beach Faith Based Community Development Corporation Inc., for the Community Development Block Grant- Limited Rehabilitation Program and Senior Rental Housing Program Approve and Authorize the City Manager to sign the First Amendments to the Subrecipient Agreements, granting a six-month extension, with Boynton Beach Faith Based Community Development Corporation Inc., for the Community Development Block Grant — Limited Rehabilitation Program and Senior Rental Housing Program as adopted by resolution R22-099. F. Proposed Resolution No. R23-126- Promissory Note as a part of the Commercial 4 Property Improvement Forgivable Loan Program for Margo's Kitchen, LLC. Approve and accept a Promissory Note from Margo's Kitchen, LLC., as part of the Commercial Property Improvement Forgivable Loan Program in the amount of $13,500. G. Upgrade the Audiovisual (AV) system in the Utilities Department Training Room, utilizing the TIPS contract RFP 200904 Audio Visual Equipment, Supplies, and services. Requesting Commission Approval for the expenditure of $55,729.60 with AVI-SPL to upgrade the Audiovisual (AV) system in the Utilities Department Training Room utilizing the TIPS contract RFP 200904 Audio Visual Equipment, Supplies, and services. H. Ezell Hester Park Improvements- Change order to PO 210467. Approve a change order with 2GHO (Task Order #UT -1 E-01) in the amount of $49,131 plus a 10% contingency of $4913.10 if needed for staff approval of change orders for unforeseen conditions for a total of $54,044.10 based on costs provided by 2GHO. I. Proposed Resolution No. R23-127- Urban Search and Rescue updated grant agreement between the State of Florida, Division of Emergency Management and the City of Boynton Beach for the Urban Search and Rescue Grant. Approve and authorize the City Manager to sign the updated Urban Search and Rescue Grant Agreement between the State of Florida, Division of Emergency Management and the City of Boynton Beach for the Urban Search and Rescue Grant increasing the award amount from $12,000 to $24,000. J. Proposed Resolution No. R23-128- FDOT Grant - Bicycle and Pedestrian Focused Initiative. Authorize the City Manager to sign all documents associated with the acceptance and subcontract agreement for the Florida Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement grant. K. Proposed Resolution No. R23-129- Coquina Cove FY 23-24 DEP Resilient Florida Program - Notice of Grant Award and Supplement Funding Request. Approve supplemental funding request in the amount of $1,610,981.50 to the Florida Department of Environmental Protection Resilient Florida Grant Program for the Coquina Cove Drainage Improvements and authorize the Mayor to execute all documents associated with the grant, accept the grant, and execute the grant agreement subject to the approval of the City Attorney. L. Proposed Resolution No. R23-130- Grant Agreement with the Mellon Foundation for the Heart of Boynton Unity Project Approve and authorize the City Manager to sign the Grant Agreement for the $100,000 Humanities in Place grant awarded to the City of Boynton Beach from the Mellon Foundation. 5 M. Proposed Resolution No. R23-131- Traffic Enforcement Agreement- The Hills of Lake Eden Homeowner's Association, Inc. Approve and authorize the Mayor to sign a traffic enforcement agreement with The Hills of Lake Eden Homeowner's Association, Inc. O. Proposed Resolution R23-135- Ratify SCRW 2024 Budget Ratifying the Action taken by the South Central Regional Wastewater Treatment and Disposal Board on April 24, 2023 as set forth in exhibit A. 7. Consent Bids and Purchases over $100,000 A. Port Consolidated- Annual Expenditure Increase. Approve an increase to the estimated annual expenditure with Port Consolidated, Inc. from $1,500,000 to $1,750,000 per the Southeast Florida Governmental Purchasing Cooperative Group - City of Pompano's RFP E-03-22 contract. B. Approve task order # 157 for the SW 8th Street improvements from Woolbright Road to Boynton Beach Boulevard. Approve task order # 157 to Atlantic Southern Paving and Sealcoating as the lowest pre -qualified vendor for the SW 8th Street improvements (Bid No. PWE22-008) in the amount of $814,247.35 plus a 10% contingency of $81,424 if needed for staff approved change orders for unforeseen conditions for a total expenditure of $895,671.35 based on costs provided by Atlantic Southern Paving & Sealcoating. C. Purchase of Sodium Hypochlorite using Southeast Florida Governmental Purchasing Cooperative Group Bid No. 139. Approve the purchase in the amount of $621,000 for sodium hypochlorite from Allied Universal Corp. using a piggyback of the Southeast Florida Governmental Purchasing Cooperative Group Bid No. 139 which expires August 31, 2025. D. Proposed Resolution No. R23-132- Preferred Governmental Insurance Trust (PGIT) as the City's new Property, Liability and Workers' Compensation provider. Approve the new property, causality, and workers' compensations insurance coverage with Preferred Governmental Insurance Trust (PGIT) and authorize the City Manager to sign all required documents for the term of the policy: October 1, 2023 through September 30, 2024. 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. AMP Warehouse Storage Building (CDPA 23-010) Approve request for a Community Design Appeal (CDPA 23-010) of Part III, Chapter 4, Article III, Section 3.A. "Architectural Enhancements" requirement to provide 6 architectural enhancements to the north and south fagades; relief of Part III, Chapter 4, Article III, Section 3.13. "Exterior Treatment and Finishes", requiring buildings to be finished in brick or brick veneer, stone or stone veneer, stucco, and split face (accent only), pre -formed, or textured masonry block; relief of Part III, Chapter 4, Article III, Section 3.H. "Downspouts", requiring external downspouts to be enclosed within the building structure. B. Proposed Ordinance No. 23-016- Second Reading - Amending Chapter 27, "Advisory Boards and Committees." Approve amendments to Chapter 27, "Advisory Boards and Committees" of the Code of Ordinances of the City of Boynton Beach. C. Proposed Ordinance No. 23-017- Second Reading - Amending Chapter 27, "Advisory Boards and Committees", Public Art Fee. Approve amendments to Chapter 27, "Advisory Boards and Committees" of the Code of Ordinances of the City of Boynton Beach. D. Proposed Ordinance No. 23-018- Second Reading - Wireless Communication Facility Annual Registration (CDRV 23-007). Approve modifications (CDRV 23-007) amending Part III. Land Development Regulations, Chapter 3, Article V, Section 13. Wireless Communication Facilities, to allow for an annual registration process and fee. E. Proposed Ordinance No. 23-019- Second Reading -8 Year General Employee Pension Plan. An Ordinance of the City of Boynton Beach Florida amending Article III of Chapter 18 of the Boynton Beach Code of Ordinances entitled Employees' Pension Plan amending Section 18-95 to provide for pension contributions by drop members; amending Section 18-127 deferred retirement option plan to provide for 8 -year drop; providing for codification conflict, severability, and an effective date. F. Proposed Ordinance No. 23-020- Second Reading - Boynton Beach Amendments to the 7th Edition (2020) of the Florida Building Code. Approve the Boynton Beach Administrative Amendments to the 7th Edition (2020) of the Florida Building Code. 9. City Manager's Report 10. Unfinished Business A. Discuss Town Square Investigation Scope of Work. Discussion regarding scope of work to be completed in investigating the Town Square transaction. B. In House Attorney Update. Consensus needed from the Commission to hire the top candidate. 11. New Business 12. Legal 7 A. Proposed Ordinance No. 23-021- The abandonment of 30' wide unimproved right-of- way for the Shalimar project. Approve the request for the abandonment of the thirty foot (30') wide unimproved right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. Applicant: Rene Gutierrez, TM Residential, LLC. B. Proposed Resolution No. R23-133- Annual Registration Application & Fee for Wireless Communication Facility corresponding to Ordinance No. 23-018. Approve a proposed annual registration application and an associated fee corresponding to Ordinance No. 23-018 (Amendment to Land Development Regulations, Chapter 3, Article V, Section 13. Wireless Communication Facilities ). 13. Future Agenda Items A. Adoption of Local Rules of Procedure and Quasi -Judicial Rules pertaining to all official meetings of the City Commission of Boynton Beach, requested by Mayor Penserga. - October 3, 2023 Adopt the proposed Local Rules of Procedure. B. Discussion on best practices in regards to regulating tints for paraphernalia shops. - October 3, 2023 Discussion requested by Vice Mayor Turkin. C. Report regarding sewer spill into intracoastal waterway. - October 17, 2023 Report regarding sewer leak in the Intracoastal Waterways. Requested by Mayor Penserga. D. Discussion regarding regulations to support local businesses.- November 7, 2023 Discussion requested by Commissioner Cruz. E. Discussion regarding annexation options and procedures. — December 5, 2023 Requested by Commissioner Hay. F. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 Discussion requested by Commissioner Hay. G. Discussion regarding the Art Assessment Fee. - TBD Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. Requested by Vice Mayor Turkin.- TBD H. Advisory Board Annual Reappointments and Appointments. - Tabled from April 4, 2023. City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. 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 0 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 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. 0 2.A Other 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Conduct Second Public Budget Hearing for FY 2023/2024 Final Millage and Tentative Annual Operating Budget. Proposed Resolution No. R23-119- Adopt the FINAL millage rate for the General Fund for Fiscal Year 2023-2024. Proposed Resolution No. R23-120- Adopt The FINAL Budget for the General Fund and all other funds for Fiscal Year 2023-2024. Requested Action: Approve Millage Rate and Budgeted Funds Explanation of Request: This is the second and final Budget Public Hearing for final adoption of the millage rate and operating budget for FY 2023-2024. As a result of the first Budget Public Hearing held on September 5, 2023, the City Commission approved a tentative millage rate of 7.85 mills and a tentative General Fund budget of $118,561,146. The tentative FY 23/24 General Fund Budget of $118,561,146 is an increase of 10.4% or $11,144,623 over the final adopted FY 22/23 General Fund Budget of $107,416,523. The Self Insurance Fund (Risk Management) has increased from $6,886,518 to $8,071,711 due to increase in the Property, Casualty& Workers Compensation Insurance by $1,185,193. No other changes were recommended to any of the City's budgeted Funds. How will this affect city programs or services? The annual budget provides appropriations to provide City services. Fiscal Impact: Budgeted. Adoption of the millage rate and budget allows for appropriations to provide City services. 10 Attachments: R23-119 Final Millage Resolution - Sept 14 2023.pdf R23-120 Final—Budget–Resolution - Sept 14 2023.pdf FY 2023-24 Budget Risk Mgmt Fund Adjustment.pdf 11 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION R23-119 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING A FINAL MILLAGE RATE FOR THE CITY'S GENERAL OPERATING FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024, PROVIDING THAT FINAL MILLAGE RATE OF 7.8500 MILLS IS 12.95% ABOVE THE ROLLED -BACK RATE OF 6.9501 MILLS; PROVIDING FOR SEVERABILITY, CONFLICTS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a final budget has been prepared estimating expenditures and revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has given notice of and conducted the public hearings required by law and has considered the recommendations of staff and the comments of the public, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the City for the ensuing year; WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as outlined in Florida Statutes Section 200.065. 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 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 29 adopts the final millage rate of 7.8500 for the General Fund. The final millage rate is 12.95% S:ACA\RESO\Budget\2023 - 2024 Budgeffinal Millage Resolution - Sept 14 2023.Docx 12 30 above the computed rolled -back rate of 6.9501 . 31 Section 3. If any clause, section, or other part of this Resolution shall be held by 32 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 33 invalid part shall be considered as eliminated and shall in no way affect the validity of the 34 other provisions of this Resolution. 35 Section 4. All resolutions or parts of resolutions in conflict herewith are hereby 36 repealed to the extent of such conflict. 37 Section 5. This Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this 14th day of September, 2023. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST: 56 57 58 Maylee De Jes6s, MPA, MMC 59 City Clerk 60 61 62 (Corporate Seal) 63 64 65 66 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney SXA\RES0\13udget\2023 - 2024 Budget\Final Millage Resolution - Sept 14 2023.Doex 13 I RESOLUTION R23-120 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR 5 BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 6 2024; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN 7 EFFECTIVE DATE. 8 9 WHEREAS, a final budget has been prepared by the City Manager estimating 10 expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing year, with 11 detailed information, including revenues to be derived from sources other than the ad 12 valorem tax levy, and she has made recommendations as to the amount necessary to be 13 appropriated for the ensuing year; and 14 WHEREAS, the City Commission of the City of Boynton Beach has conducted a public 15 hearing in accordance with s. 200.065 Florida Statutes on the City's final budget and the 16 millage rate. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. That the final budget of the City of Boynton Beach, Florida, for the fiscal 23 year beginning October 1, 2023 and ending September 30, 2024, a copy of which is attached 24 hereto, is hereby adopted and the appropriations set out therein are hereby made to 25 maintain and carry on the government of the City of Boynton Beach, Florida. 26 Section 3. There is hereby appropriated the sum of $118,561,146 to the General 27 Fund for the payment of operating expenditures, transfers to other funds, and necessary 28 capital outlays for the City Government pursuant to the terms of the above budget. 29 Section 4. That there is hereby appropriated the sum of $3,333,092 to the Traffic 30 Safety Special Revenue Fund for the payment of operating expenditures, transfers to other 31 funds, and necessary capital outlays. 32 Section 5. That there is hereby appropriated the sum of $1,300,965 to the Local 33 Option Gas Tax Special Revenue Fund for the payment of operating expenditures, transfers 1 S:ACA\RESO\Budget\2023 - 2024 BudgetTinal Budget Resolution - Sept 14 2023.Docx 14 34 to other funds, and necessary capital outlays. 35 Section 6. That there is hereby appropriated the sum of $259,978 to the 36 Community Improvements Special Revenue Fund for the payment of operating 37 expenditures, transfers to other funds, and necessary capital outlays. 38 Section 7. That there is hereby appropriated the sum of $71,000 to the Green 39 Building Fund for the payment of operating expenditures, transfers to other funds, and 40 necessary capital outlays 41 Section 8. That there is hereby appropriated the sum of $3,997,912 to the 42 Building Special Revenue Fund for the payment of operating expenditures, transfers to 43 other funds, and necessary capital outlays. 44 Section 9. That there is hereby appropriated the sum of $S89,478 to the Public 45 Arts Special Revenue Fund for the payment of operating expenditures, transfers to other 46 funds, and necessary capital outlays. 47 Section 10. That there is hereby appropriated the sum of $600,264 to the 48 Recreation Program Special Revenue Fund for the payment of operating expenditures, 49 transfers to other funds, and necessary capital outlays. 50 Section 11. That there is hereby appropriated the sum of $12,042,390 to the Public 51 Service Tax Debt Service Fund for the purpose of payment operating expenditures, 52 transfers to other funds, and the principal and interest due on the public service tax bonds 53 of the City not subject to statutory exemptions and for redeeming such bonds as they mature. 54 Section 12. That there is hereby appropriated the sum of $6,387,691 to the 55 General Capital Improvement Capital Projects Fund for the payment of transfers to other 56 funds and capital outlays pursuant to the terms of the above budget. 57 Section 13. That there is hereby appropriated the sum of $5,536,700 to the Local 58 Government Surtax Capital Projects Fund for the payment of transfers to other funds and 59 capital outlays pursuant to the terms of the above budget. 60 Section 14. That there is hereby appropriated the sum of $175,260 to the Parks & 61 Recreation Facilities Trust Fund for the payment of transfers to other funds and capital 62 outlays pursuant to the terms of the above budget. 63 Section 15. That there is hereby appropriated the sum of $60,380,704 to the Water 2 S:ACA\RESO\Budget\2023 - 2024 BudgetTinal Budget Resolution - Sept 14 2023.Docx 15 64 and Sewer Utility Enterprise Fund for operating expenditures, debt service, transfers to 65 other funds, and necessary capital outlay. 66 Section 16. That there is hereby appropriated the sum of $32,820,000 to the Water 67 and Sewer Utility Capital Improvement Enterprise Fund for the payment of capital outlays 68 pursuant to the terms of the above budget. 69 Section 17. That there is hereby appropriated the sum of $2,772,343 to the Golf 70 Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary 71 capital outlays. 72 Section 18. That there is hereby appropriated the sum of $375,056 to the Golf 73 Course CIP Fund for the payment of capital outlays pursuant to the terms of the above 74 budget. 75 Section 19. That there is hereby appropriated the sum of $15,259,265 to the Solid 76 Waste Enterprise Fund for the payment of operating expenditures, transfers to other funds 77 and necessary capital outlays. 78 Section 20. That there is hereby appropriated the sum of $11,389,127 to the 79 Fleet Maintenance Internal Service Fund for the payment of operating expenditures, 80 transfers to other funds, and necessary capital outlays. 81 Section 21. That there is hereby appropriated the sum of $565,273 to the 82 Materials & Distribution Internal Service Fund for the payment of operating expenditures, 83 transfers to other funds, and necessary capital outlays. 84 Section 22. That there is hereby appropriated the sum of $8,071,711 to the Self - 85 Insurance Internal Service Fund for the payment of operating expenditures, transfers to 86 other funds, and necessary capital outlays. 87 Section 23. That there is hereby appropriated the sum of $514,895 the Cemetery 88 Special Revenue Fund for the payment of operating expenditures, transfers to other funds, 89 and necessary capital outlays. 90 Section 24. All delinquent taxes collected during the ensuing fiscal year as 91 proceeds from levies of operation millage of prior years are hereby specifically appropriated 92 for the use of the General Fund. 93 Section 25. If any clause, section or other part of this Resolution shall be held by 3 S:ACA\RESO\Budget\2023 - 2024 BudgetTinal Budget Resolution - Sept 14 2023.Docx 16 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the remaining portions of this Resolution. Section 26. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 27. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 14th day of September, 2023. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley 4 VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:ACA\RESO\Budget\2023 - 2024 BudgetTinal Budget Resolution - Sept 14 2023.Docx 17 18 co m co r M r r ti M N ui IN 16 h cco IN } -%e LI) Go 0 co _ � -0r 7 U- •� E N N ua o NLU •- a go CL m z p O N C = >- LCN4— 0 O aCN CL C4 ^^,, WC4 C C4 C4 O} ^, D C4 a Wtn UY (o CL Q Q Oct M_ CL u HX r } m > m /o i� OIL LL. CL� L CL LL 18 Announcements, Community and Special Events And Presentations 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Presentation and Discussion- Artificial Reef.- Tabled from September 5, 2023. Requested Action: Present to the City Commission: research findings on artificial reefs in the City of Boynton Beach; benefits and costs of installing a new artificial reef in Oceanfront Park; available grants that could fund the project. Discuss the future direction of the project. Explanation of Request: City staff was tasked with assessing the feasibility, costs, and benefits of installing a new artificial reef in the City of Boynton Beach. This presentation will provide research findings and inform the future direction of the project. How will this affect city programs or services? Artificial reefs improve marine life; reduce coastal erosion; provide a new area for locals and visitors to fish, reducing the pressure on natural reefs and increasing access to water-based activities; improve surfing conditions as well as tourism and jobs. Fiscal Impact: The City is responsible for the cost -share of the grant. Depending on the size of the project, City costs may be significantly higher than the contributed grant funds. Attachments: Artificial Reef PP Updated 8.22.23.pptx 19 0 N T N U) U U C� N O O m L Q O N O 00 70 m O LR (n O Q co L � L U � L O L CO� tf O m co 0 a -j > X _ W Q LL T N N N T) Co O O O 0) Q O O C Q '� m CV ate-+ O U CU C) 7C3 !E C CU — L) cn LO ' - :3 U +r - Cn -U +-0 70 Q •— N C6 • — X U (� U � a� '- -0 L � O � � •� •U� C6 � �•V-0 Cll = � • L � Cll O U � � to Cll Cll }, O 0 Co - L 4-0 CCS O CU (� E Cll L Cn E (V 0 OU -0-r- m N E O CL CL O co co C O m U �U C (o C W cn O1 O L N U) U) N (o U N cz N .L O C N L U N co Lel m M N W E ca O _ co N cu _N O U N }' Ucu (n0 cu U cu N p (D 0--f-a (o +f 4"acu Q U U _0 CU E U 70 N (o > C: 3:MENEM — -0 N NE t:� MEMEMEN I > UQ� � O U 0U L0 � > O 0 cn O _ O 700- 0Lw` >% O) C O �_0 > U C 0 _cCo C O co � Q W0 4-1 > O C O co L U W m co E v -0 cn co i C EMEMEMEN L (� p > co O O +� O c _ N O O O � O N �, C p . _N (no �, �~ 34-0 U Co 70 N U C — O N -r– — cn N LO (N L O U) L 4-0 1 U) 70•� W N L C: L co O 0) m 4-0 Ua) L- 0 co co Q E }' O Co U) U) �, L (oa� E E (a O U) C �O }/ ■� 4— cn Qi O 4- .> N L O N O L O O L co N NO N 4-0 (� O Q U) U) _00 �-- C:I •> _N cu E L CUO a� 4-a U C: O N En L Q `~ 4O =3 U) co L �=3 a m c _ cu 0 Ln 4-0 _ �"' N CO (_� < L .0 4-L L Q U) Q CU — � Q U) U N m O O m El 0) ---j U) x W co N ��194 'iX A� ,(!� Immmon1l"A III I I I 0 ca ca U 0 co N ry . L O 0 E U O, 4-0 U) _o W o Q U LL O j N U) M N N L)� > � > o � 4-0 0 U Q 1 0 > LO OCc�!)Q0-0 co (n o ° o •� o C: o 4-0 o C3) I:t C: cY) O cn (D Q � L � E c� OU N CO O O N cn U }' N U E +U O r N X -r U O N C Co U c) W c� F- co N O 0 O LL rn N c E C: O O O }, (� O U O +� O O +-1 n N CU O -0 cn � U .— � Q c� CU CU 0 U 0 u- (7 O •i �_ Cn 0 O N IL LL (� M In � U O O O O O m N (� _O IL _O IL W 13� Z . . . O 0 O LL rn N C: O O }, N O E CU O � U .— � Q c� CU C: U O •i �_ O N IL LL O O O O O m (� LL U Z Q Z O 0 O LL rn N 0 M 0 lemm i ca s FM T M Administrative 09/14/2023 Community Support Funds Requested Action: Approve Community Support Funds to various organizations, from the Mayor and Commissioners. How will this affect city programs or services? NA Fiscal Impact: There will be no fiscal impact to the budget for this item. Attachments: Inner City Youth Golfers' Inc. - Mayor Penserga.pdf Heart of Boynton Community Association - Mayor Penserga.pdf Boynton Strong - Mayor Penserga.pdf Connect to Greatness - Mayor Penserga.pdf American Legion Post 164 - Vice Mayor Turkin.pdf Boynton Strong - Vice Mayor Turkin.pdf Community Greening - Vice Mayor Turkin.pdf Delray Beach PBA - Vice Mayor Turkin.pdf East Boynton Little League - Vice Mayor Turkin.pdf VFW Post 5335 - Vice Mayor Turkin.pdf Boynton Strong - Commissioner Cruz.pdf American Legion Post 164 - Commissioner Cruz.pdf American Legion Auxiliary Unit 164 - Commissioner Cruz.pdf Christ Fellowship Church Boynton Campus - Commissioner Cruz.pdf Girl Scouts of Southeast Florida - Commissioner Hay.pdf Friends of the Boynton Beach City Library - Commissioner Hay.pdf BBPD Shop with a Cop - Commissioner Hay.pdf Boynton Beach Bulldogs - Commissioner Hay.pdf Feeding South Florida - Commissioner Kelley.pdf Wowen's Foundation of PBC - Commissioner Kelley.pdf Friends of the Boynton Beach City Library - Commissioner Kelley.pdf BBPD Shop with a Cop - Commissioner Kelley.pdf Vita Nova - Commissioner Kelley.pdf 32 f MMI MMI A fim Date of Request: September 7, 2023 Requested by Mayor/Commissioner: Mayor Pense[ga Amount Requested: $1,000 Recipient/Payee: Inner City Youth Golfer's Inc. Description of project, prograrn, or activity to be funded: The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $1,0W ZMEEM Dated: 4�— B��, 1�- — MaYleeees6s,6i Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Wjy: M Requesting Member of the City Com—Mi—ssicl S:\CC\WP\COMMUNITY SUFI PORT FUNDSFY 2022-2023\Mayor Penserga\lnner City Youth Golfers'lnc..doc 33 I *AT: 11 M k i IIIIIIII � 111111111111 111111111111111111111 il I, 111111111 11111 11�111 11 11 11��! �ilill 111!111 W, . ; ll sit. 0 � �il •1 11 1 N 111 "" IIF�i gg1ligW23= Date of Request: September 7, 2023 Requested by Mayor/Commissioner: Mayor Penserga Amount Requested: $1,500 Recipient/Payee: Heart of Boynton Community Association Description of project, program, or activity to be funded: :11�111111 � 11,111F, 111 . 0 0 • The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $2,500. LIEM 30M Dated: `2/7X23 III iI I III 111 0 ns Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City V' The public purpose is beneficial to the entire community served by such donation ly. S:\CC\WP\COMMUNITY SUPPORT FUNDS\FY 2022 2023\Mayor Penserga\Heart of Boynton Community Association.doIc 34 ANWOMIYA Date of Request: September 7, 2023 Requested by Mager/Commissioner: Mayor Penserga Amount Requested: $1,500 Recipient/Payee: Boynton Strong Description of project, program, or activity to be funded: The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $4,000 233= V There are funds available as requested There are insufficient funds available as rZue 'ed Dated M M ayIee e esus, Citytilerk Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City V The public purpose is beneficial to the entire community served by such donation 5 FLUD to 10"Zi I 11111140 kyj 1012 1 #I= W S:\CC\WP\COMMUNi1T'Y SUPPOR1"FUNDS\FY 2022 2023\Mayor Penserga\Boynton Strorig.doc 35 1 *411 H 0 1 pq�!ppi��qy�q pgpyiip�111��Iqpii 0332999= Date of Request: September 7, 2023 Requested by Mayor/Commissioner: Mayor Penserga Amount Requestecls $1,000 Recipient/Payee.- Connect to Greatness Description of project, program, or activity to be funded: I 1!, 111:1 l: mm The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $5,000. Dated: B Maylee D esus„ C: y Clerk 91111171111 I'm Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The •. .• provides services within the City The public purpose is beneficial to the entire community served by such donation By: Requesting Member of the City Commission S:\CC\WP\C()MMUNITY SUPPORT FUNDS\FY 2022 2023\Mayor Penserga\Connect to Greatness,doc 36 Date of Request: September 7, 2023 Requested by Mayor/Commissioner: Vice Amount Requested- $500 Recipient/Payee: American be ion Post 164 Description of project, program, or activity to be funded- ___, ...... . The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $2,000. ZMEEM Dated, V7 /-?3-- Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City V The public purpose is beneficial to the entire community served by such donation 10401110.51111 ELFIFEE11010 S:\CC\WP\COMMUNi"rySt.JPPOR"T'F(JNDS\FY 2022-2023\VM Twkin\ltoca I American Legion Post 164,doc 37 MOT=111 I V I V I oil H I ; 113!111�� Date of Request: SeDtember 7, 2023 Requested by Mayo r/Co m m issioner., Vice Maor Turkin Amount Requested: $500 Recipient/Payee: Bovnton Strona Description of project, program, or activity to be funded: :=F7 N I W-,WM FI #11 MME= The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000 The balance of funds available for the requesting Member of the Commission is $1'500. Ems= �^W 9*19161*110-111 WIM H a I I ITO INNO'MI it: Is 7 Dated: 2Z�--- IT Ullla:lt * Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit * The recipient/payee provides services within the City ,/ The public purpose is beneficial to the entire community served by such donation By: ember of the City Commission Re6�`e—stwd'M' S\CC\WP\COMMUNITY SUPPORTH)NDS\FY 2022-2023\VM I urkin\Baynton Strang.dox 38 i i lrii�i� "mmom—m 3KOUSM I Date of Request: Seotember 7, 2023 Requested by Mayor/Commissioner: Vice Ma or Turkin Amount Requested: $500 Recipient/Payee: Communitv Greenina Description of project, program, or activity to be funded: _w ww The annual appropriation of funds available to the requesting -Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $500. UWAIII INIF I 11101M I into Is to IWINI. W1 INA 01 Dated:9/7/23 .1 1 i'll!IIII I Im illlil�p&T oil V Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit V The recipient/payee provides services within the City ,/ The public purpose is beneficial to the entire community served by such donation mi-amompmo 102 111M MIA S:WC\WP\COMMUNlTY SUPPORT FUNDS\FY 2022 2( Greening.doc 39 MUMUMS P1110*639 0 N smug= Date of Request: September 7, 2023 Requested by Mayo r/Co mm issioner: Vice Me or Turkin Amount Requested: $1,000 Recipient/Payee: Delrav Beach PBA Description of project, program, or activity to be funded: The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000 The balance of funds available for the requesting Member of the Commission is $3,000, Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation I HNO I Using ig, 0 kyj 151 stl#ltl all I S:\CC\WP\('OMMUNFT'Y SLIPPORI"FUNDS\FY 2022- 2023\VM TuT kin\DFIBA . C'hapel HIII,doc 40 ` R 19 1 1 1 EF• I P I I F• I I, N S Date of Request: Senitember 7, 2023 Requested by Mayor/Commissioner: Vice Ma or Turkin Amount Requested: $500 Recipient/Payee: East Bovnton Little League Description of project, program, or activity to be funded: ...... --- � OM I W-,W7H F -I #11 MI[MaTiM The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $1,000. WZ� 1 � I I I luffirw] MIN too I Its KINW.-I I IN* I ZMAIIIIIIIS oil 0% Wn. TF15=4 I Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation By: Requesting Member of the City Commission S:\CC\WP\COlVIMUNlT"Y SUPPORT FUNDS\FY 2022-2023\VM Turldn\East Boynton Little LeagUe.doc 41 F*11 I ff I"- YJ Z M Part I - Summary of Request (to be completed by City Clerk) Date of Request: September 7, 2023 Requested by Mayor/Commissioner: Vice Mayor Turkin Amount Requested: $1,000 - Recipient/Payee: VFW Post 5335 The annual appropriation of funds available to •the requesting •Membe•r of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $4,000. 4111. There are funds available as requested There are insufficient funds available as reque Dated: vzz/ �.----- ByK\,�4 U)ot �� /- --I Mavleel DA Jesu's�itv Clerk • Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit • The recipient/payee provides services within the City ,/' The public purpose is beneficial to the entire community served by such donation Rill -17MOCH SACOWPWOMMUNMY SUPPORT FUNDS\FY 2022-2023\VM Turkin\VFW Post 5335Aoc 42 I'll, i 1 0 0 ; . w I I 1111111111111 0 • Date of Request: September 7, 2023 Requested by Mayor/Cornmissioner* Commissioner Cruz Amount Requested: $1,000 Recipient/Payee: Boynton Stroh Description of project, program, or activity to be funded: — ----- The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $4,000, OEM =40 Dated: !�_.__ B Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit v' The recipient/payee provides services within the City -' The public purpose is beneficial to the entire community served by Such donation By: Requesting Member of the City CommisAsi SACC\W4'\C0MML)NffY SUPPORT FUNDS\FY 2022 2023\CorTirn Cruz\Boynton Strong.doc 43 REQUESTFORM Date of Request Amount Requested: Recipient/Payee: DescrjUtion of i2roject, LDroaram, or activit� to [0, "t Iff-1WHFIMUMIM September 7, 2023 Commissioner Cruz $500.00 American Legion Post 164 be funded: The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $4,500 Dated: Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City V' The public purpose is beneficial to the entire community served by such donation By: Requesting Member of the City Commissli 5:WC\\A(P\('OMMUN(TY SUPPORTFUNDS\FY 2022 2023\American Legion Post 164,doc 44 WIN I '.J k Part I - Summary of Request (to be completed by City Clerk) Date of Request: September 7, 2023 Requested by May,or/Commissioner: Commissioner Cruz Amount Requested: $1,000 Recipient/Payee: American Leion Au ilia Unit 164 Description of project, program, or activity to be funded: _ The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $1'000. 2MMEM V There are funds available as requested There are insufficient funds available as roque 'e Dated- `Y74�3B M M ayle Jesus, G y Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City V The public purpose is beneficial to the entire community served by such donation By: Requesting Member of the City Co S:\CC\WP\COMMUN1TYSUPPOR T FUNDS\FY 2022-2023\Cornrn Ciuz\Ainerican Leagio Auxiliary Unit 164,doc 45 F*MT 9 .9 Yd "T REQUESTFORM Date of Request: September 7, 2023 Requested by Mayor/Commissioner: Commissioner Cruz Amount Requested: $1,000 Recipient/Payee: Christ Fellowship Church Boynton Campus Description of project, program, or activity to be funded: . ...... i7l!1�11��11;rll I NII;Iltiji�ml�� 1�11l! 1: '' I I MI= The annual appropriation of funds available to the requesting Member of the Commission listed above is WOW The balance of funds available for the requesting Member of the Commission is $3,000 W� = ✓ There are funds available as requested There are insufficient funds available as reqs l Dated: Py..Maylee Jesus, CitClerk • Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit • The recipient/payee provides services within the City V The public purpose is beneficial to the entire community served by such donation *Y: Requesting Member of the City Commission S:\C(AWP\COMMUN[ TY SUPPORTFUNOS\FY 2022 2023\Cornm Cruz\Chl ist Fellowship,doc 46 i W - fflvfiPINIZO 0 Date of Request: September 71 2023 Requested by Mayor/Commissioner: Commissioner Na Amount Requested: $1,000-00 -_ Recipient/Payee: Girls Scouts of Southeast Florida Description of project, program, or activity to be funded: The annual appropriation of funds available to the requesting Member of tNt Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $2,000. W�� Wated: V_Z/—qLL—r V' Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City V The public purpose is beneficial to the entire community served by such donation "W Requesting Member of the City Commission S\CC\WP\COMMUNITY SUPPORTFUNDS\FY 2022-2023\Comm Hay\Girl Scouts of Southeaq, Florida.doc 47 110*1#1• 6E Date of Request* September 7 2023 Requested by Mayor/Commissioner: Commissioner Hav Amount Requested* $500 Recipient/Payee: Friends of the BB ON LibraEy hel Description of project, program, or activity to be funded: These funds will I with th cM st of Holidav Dinner Baskets that will be for the less fortunate kids and their - the community. ' ii; 11 � I � 111111111 IN 1111 IBM= The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $1,000, MEE= xmsav�—� • Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit • The recipient/payee provides services within the City V The public purpose is beneficial to the entire community served by such donation By: Requesting Member of the City Commissi imissA 5AMWIP\COMMUNITY SUPPORT FONDS\FY 2022-2023\Convn Hay\Friends of the Library Holiday Dinner Baskets Hay 5500.doc 48 INNOWNSIRM 1IM111-79i IWOU111 September 7, 2023 Commissioner Hav Boynton Beach Police — Shop with a Cop The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $500. �^�IUZIAUA I III IN [ON] Its I I I ALO&WALTIM I rolII0 Dated: V7 Z",2,, 2. "91134- 1 0 I= n7=4 I Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City V The public purpose is beneficial to the entire community served by such donation Dated: By: Requesting Member of the City Commissil M I WIN0 IN W 0 Part I - Summary of Request (to be completed by City Clerk) Date of Request: 08/07/2023 Requested by Mayor/CommissionerCommissioner Hav Amount Requested: $1,000 Recipient/Payee� Description of project, program, or activity to be funded: Youth Football Pronram 0�1!1 if . 0 0 1 0 The annual appropriation of funds available to the requesting Member of the Commission listed above is 6,000. The balance of funds available for the requesting Member of the Commission $3,000, 1 Accordingly: /There are funds available as requested There are insufficient funds available as Dated. - Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated :7- !_ I., " I � /1" " I W - 2-By- 5LI � -3 , Requesting Member of the tommission 50 . q 6 Date of Request: September 7, 2023 Requested by Mayor/Commissioner: Commissioner Kellev Amount Requested: $50"0 Recipient/Payee: Feedina South Florida Description of project, program, or activity to be funded - The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,01 The balance of funds available for the requesting Member of the Commission is $2,400. M I a SIR I I I L41 M III I Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation NUMB S:\CC\WP\COMMUNPY SUPPORT FONDS\FY 2022-2023\Kelley\Feeding South rlorida.doc 51 Date of Request - Requested by Mayo r/Co m m issioner: Amount Requested: Recipient/Payee: Description of project, program, or activity to MI, September 7, 2023 Commissioner Kelley $500,00 Women's Foundation of PBC be funded: The annual appropriation of funds available Alli the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $1,400. There are funds available as requested There are insufficient funds available as revue Luted: M aL A Part III -Eligibility Evaluation ay: Da1e Jesus, Gify Clerk I Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Y: Requesting Member of the City Comi:�,S_Siol S:\CC\WP\COMMUN1TY SUPPORT FUNDS\FY 2022-2023\Kelley\Wonien's Foundation of PBC.doc 52 1*4 Will 41111iiilrfii 1 11 1 � � � 1; , � � ' I•I �•I•i I•1 11 11 � � xifil� 011 IIEBI= Date of Request: September 7 2023 Requested by Mayor/Commissioner: Commissioner Kellev Amount Requested: $500.00 Recipient/Payee: Friends of the Library Description of project, program, or activity to be funded- ...... The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $1'900. MEMEM There are funds available as requested There are insufficient funds available as reQUe Dated: By : ' " �ay I e �eD esus, �C i;y° �er' 0. -alItHAT-U-mmyn, Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit V The recipient/payee provides services within the City V The public purpose is beneficial to the entire community served by such donation 107= S:\C('\WP\COMMUNITY SUPPORT FUNDS\FY 2022 2023\K01ey\Friench, of the Libiary,doc 53 [WOMI-.11 • 111•a �Of U11111,11:1111 Date of Request: September 7, 2023 Requested by Mayor/Commissioner: Commissioner Kelley Amount Requested: $50C OO Recipient/Payee: Boynton Beach Police Shop with a Cop Description of project, program, or activity to be funded: The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $900. ME= —fillutaro.1 NO 1.0-111 Dated B-� Maylee D; is, City Clqr� Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation By - AIM 54 11"M1W WAXIN, 11 17 1 &v 0 # -- -01,MRSAffleg" Date of Request* September 7, 2023 Requested by Mayer/Commissioner: Commissioner Kelley Amount Requested: $400.00 Recipient/Payee: Vita Nova Description of project, program, or activity to be funded: The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $400. was= Dated: Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation By: Requesting Member of the City CommiSASi 55 Consent Agenda 09/14/2023 Proposed Resolution No. R23-121- Ratification of FY 2024 CRA Budget. Requested Action: Ratification by the City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2023-2024. Explanation of Request: The Community Redevelopment Agency is a Special District created by the City Commission. Florida Statute requires that the budget of special districts be contained within the general budget of the local governing authority and clearly stated as a budget of the dependent district. The Community Redevelopment Agency FY 2023-2024 budget was approved on September 12, 2023. The attached resolution completes the annual process of accepting and approving the CRA budget. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: R23-121 Resolution Ratifying CRA Budget (2023-24) Reso.pdf 9.12.2023 Budget FY 23-24.pdf 56 I 2 RESOLUTION R23-121 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 5 RATIFYING THE 2023-2024 ANNUAL BUDGET FOR THE 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 7 AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Boynton Beach Community Redevelopment Agency was created by 10 Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The 11 Redevelopment Agency has been designated a Florida Special District; and 12 WHEREAS, Florida Statutes 189.016 provides that the proposed budget of a dependent 13 special district, with the concurrence of the local governing authority, may be budgeted 14 separately; and 15 WHEREAS, a local governing authority may, in its discretion, review the budget or tax 16 levy of any special district located solely within its boundaries; and 17 WHEREAS, a final budget of the Boynton Beach Community Redevelopment Agency 18 has been reviewed and considered by the City Commission for the ensuing year, with 19 detailed information. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida hereby S:ACA\RESO\Budget\2023 - 2024 Budget\Ratify CRA Budget (2022-23) - Reso.Docx 57 I ratifies the adoption of the Boynton Beach Community Redevelopment Agency's 2023-2024 2 Annual Budget. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this 14th day of September, 2023. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 Maylee De Jes6s, MPA, MMC 28 City Clerk 29 30 31 (Corporate Seal) 32 33 34 35 36 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:ACA\RESO\Budget\2023 - 2024 Budget\Ratify CRA Budget (2022-23) - Reso.Docx 58 59 CRA FUNDING/USES FY23/24 Tax Increment Revenue 21,496,558 Boynton Harbor Marina Fuel Dock & Slips Revenue 1,100,000 Total Revenue 22,596,558 Debt A 0 eratin Ex enses Debt Service 2,135,817 Operating Expenses 3,900,000 Approx. 18% of TIRFA Marina 1,100,000 Sub -Total Debt & Operating Expenses 7,135,817 Tax Increment Revenue Funding Agreement (TIRFA) Payments - Contractual Obligations Seabourn Cove -Phase 11 (50% - 10 Years) Preserve (75% Yrs 1-5; 25% Yrs 6-10) 500 Ocean (75% Yrs 1-4; 50% Yrs 5-7; 25% Yrs 8-10) Towns uare Fundin until FY 2044-2045 Sub -Total TIRFA Payments Remaining Project Fund Budget for Allocation (Revenue - Debt Service, Operating & TIRFA) Total CRA contribution to Town Square over 20 years = $83,850,000 NOTE: Database from Property Appraiser received 7/6/2023 Millage Rate for County Changed to 4.500 COBB Millage rate remained the same Year 10► 231,792 Year 9 1p► 35,056 Year 51* 394,319 Year 50- 3,550,000 4,211,167 11;,24;Q 60 61 General Fund - Tax Increment Revenue (TIF) Marina Rents & Fuel Sales Fund Balance Surplus Budget Amendment #1 3/15/2023 Total Revenues Admini r tion &9 er tions Executive Department Finance Department Planning & Development Department Marketing & Business Development Business Develo ment and Promotions De wartment Taxes, Employee Benefits, Compensated Absences Com Sub -Total Other General FVn0 Ex n Insurances Professional Services Buildings, Grounds, Maintenance Information Technology Contingency Sub -Total Boynton Harbor Marina Fuel Dock & Slips Expenses Total General Fund Operating Operating Transfers Out Transfer to Debt Service Fund Transfer to Project Fund Sub -Total Total General Fund Expenses & Transfers Out (a) Property values in CRA up 12% (b) Increase due to Board Meeting Minutes and ASL - FY 2023-2024 $ 22.596.558 I $ 20,359,450 i $ 21,417,371 $ (242,154) -1% 62 FY 2022-2023 2023-2024 vs. Prior Year FY 2023-2024 Original Amended Increase/'Decrease Bud t et et Amount % $ 21,496,558 (a) $ _Bud 18,959,450 _Bud $ 18,959,450 $ 2,537,108 12% $ 1,100,000 $ 1,100,000 $ 1,100,000 $ 0% $ 500,000 $ 500,000 $ (500,000) 0% $ 1,057,921 $ 22 596 558 $ 20„559«450 $ 21,617,371 $ 979,187 4% 79,750 (b) $ 67,150 $ 67,150 $ 12,600 16% $ 543,555 $ 532,805 $ 532,805 $ 10,751 2% $ 257,542 $ 252,842 $ 252,842 $ 4,700 2% $ 229,052 $ 210,595 $ 210,595 $ 18,457 8% $ 261,367 $ 254,967 $ 254,967 $ 6,400 0% $ 159,608 $ 152,391 $ 152,391 $ 7,217 5% $ 766 751 $ 711,751 $ 711,751 $ 55,000 7% $ 2,217,875 $ 2,115,351 $ 2,115,351 $ 102,525 5% $ 361,075 $ 265,000 $ 265,000 $ 96,075 27% $ 294,000 $ 234,000 $ 234,000 $ 60,000 20% $ 734,000 $ 713,700 $ 713,700 '', $ 20,300 3% $ 113,300 $ 105,500 $ 105,500 $ 7,800 7% $ 1001000 $ 100,000 $ 100,000 1 - 0% $ 1,602,375 $ 1,418,200 $ 1,418,200 $ 184,175 11% -ill 00 000 $ 1,000,000 $ 1,000,000 $ 100,000 9% $ 5,000,000 (d) $ 4,600,701 $ 4,600,701 $ 399,300 8% $ 2,135,817 $ 2,136,830 $ 2,136,830 $ (1,013) 0% $ 15 460 741 $ 13,621,919 $ 14,679,840 $ 780,901 5% $ 17,596,558 $ 15,758,749 $ 16,816,670 $ - 779,888 4% $ 22.596.558 I $ 20,359,450 i $ 21,417,371 $ (242,154) -1% 62 Baynton Beach GRA Pra ect Fund . Bud et Summa Contingency • 200,000 $ 150,000 $ 150,000 2023.2024 2022-2023 _. 2023-2024 vs. Prior Year $ 1,060,000 Original Amended Increase/ Decrease FUNDING SOURCES Bud t .Bud et Bud et _Amount 1. Rollover FY 2022-2023 (see Budget Overview) $ 3,628,406 125,000 $ 125,000 $ 3,628,406 NIA Sub -Total $ 1,510,000 $ 549,841 $ Tra aft in frgm #ng,rg1 Fund $ 1,024,109 211% capital Outlay $ - Other Financing Sources/Transfers In $ 15,460,741 $ 13,621,919 $ 13,621,919 $ 1,838,822 13% Property Purchases $ 4,000,000 $ 3,070,764 3. Other Revenue/Financin Sources, 3,706,080 $ 293,920 8% $ - 1. Budget Amendment #1 3/15/2023 1,306,513 $ 250,000 $ 1,057,921 250,000 $ 1,056,513 423% Site Work & Demolition Fees $ 300,000 Total Fundin Sources/Revenues & Transfers In t 19 089 147 $ 13 621 919 11 1,111:111131111411) 5 467 228 37% Infrastructure & Streetscape V 8,297 467 $ 7,677,9970 $ Contingency $ 200,000 $ 150,000 $ 150,000 $ 50,000 33% Professional Services $ 1,060,000 $ 274,841 $ 210,891 $ 849,109 403% Legal Services $ 250 000 $ 125,000 $ 125,000 $ 125,000 100% Sub -Total $ 1,510,000 $ 549,841 $ 485,891mm $ 1,024,109 211% capital Outlay Property Purchases $ 4,000,000 $ 3,070,764 $ 3,706,080 $ 293,920 8% BBWC Capital Improvements/Marina Seawall $ 1,306,513 $ 250,000 $ 250,000 $ 1,056,513 423% Site Work & Demolition Fees $ 300,000 $ 196,592 $ 196,592 $ 103,408 53% Infrastructure & Streetscape $ 8,297 467 $ 7,677,9970 $ 8,177,970 $ 119,497 1% Sub -Total $ 13,903,980 $ 11,195,326 14_5,3_26_V 12,330,642 $ 1,573,338 13% n mi Dev to ment &Hou in R hab Pro ram Economic Development Grant Programs $ 1,100,000 $ 556,600 $ 556,600 $ 543,400 98% Marketing Program $ 245,000 $ 75,000 $ 75,000 $ 170,000 227% DIFA - Economic Development $ 661,167 $ 1,141,500 $ 1,141,500 $ (480,333) -42% Sub -Total $ 2,006,167 $ 1,773,100 $ 1,773,100 $ 233,067 13% Pr2lqRtLA Programs Clean & Safe Program (Clean, Police, Code) $ 695,000 $ 524,627 $ 524,627 $ 170,373 32% Ride Share $ 400,000 $ $ $ 400,000 Business Promotional Events $ 574 000 $ 765,760 $ 765,760 $ (191,760) -25% Sub -Total $ 1,669,000 $ 1,290,387 $ 1,290,387 $ 378,613 29% Total Project Fund Expenses $ 19,089,147 $ 14,808,654 $ 15,880,020$ 3,209,127 20% 63 BOYNTON BEACH CRA FY 2023-2024 BUSINESS PROMOTIONS BUDGET - 02-58500-480 2023 2024... BUSINESS PROMOTIONS TENATIVE DATES BUDGET BON APPETIT BOYNTON BEACH - RESTAURANT MONTH September 2024 . ....... ........ . . .........u... -$§8, 0-0 6 Total Restarant Month EQUIPMENT & SUPPORT $128,000 RIBBON CUTTING/GROUND BREAKINGS------- s15.000 l 64 BOYNTON BEACH CRA FY 2023-2024 BUSINESS DEVELOPMENT BUDGET - 02-58400-445 TOTAL COST OF MARKETING $165,000 65 202312024 BUSINESS DEVELOPMENT DATE BUDGET BOYNTON BEACH BUCKS A business promotional program to provide economic support to local businesses through targeted campaigns that will be promoted both digitally and in- person at events. Total Boynton Beach Bucks 50,000 PROMOTIONAL VIDEOS Videos to promote various BBCRA projects and initiatives - Project Spotlights, Bon Appetit Boynton Beach, Business Development Videos,Tutorial Videos for Economic Development Toolkit PROMOTIONAL PHOTOS .. Total Promotional Videos Photos to capture BBCRA projects and initiatives, business features, ---_.- BUSINESS DEVELOPMENT WORKSHOPS grand openings, etc. ...... Total Promotional Photos' 151000 Various business development workshops to cover various topics, such as: Strategic planning, Growth & Expansion, Business Plan Overview, Finance & , Marketing Strategy, Operations Accounting 9 9Y Management, Diversity & Inclusion, Interpersonal Skills for Success, Grant Writing - Minority & Female Owned Businesses, Local Resources, Time & Stress Management, Leadership & Hiring ....... Total Business Development Workshops ----V50,000 TOTAL COST OF MARKETING $165,000 65 ategA ........�.....�w �.. FY 2823; ��.�..��.... 4 llnat,Cost; � FY 2024 � tVates ................Personnel _. _ _, _.....w ._.....__. ............................�_. Officer Salaries & Incentives 259,384 4 87,728 350,913 Salary, Education Incentive Officer Benefits-Pension 100,997 4 49,187 196,747 Pension Officer Benefits 50,011 4 16,726 66,905 Healthcare, Dental, Vision, FICA Officer Overtime - 4 10,000 40,000 Police Service Aide (Civilian) Salary & Incentive 36,513 0 - Salary, Education Incentive (AVG) Police Service Aide (Civilian) Benefits-Pension 10,978 0 Pension (AVG) Police Service Aide (Civilian) Benefits 12,883 0 Healthcare, Dental, Vision, FICA (AVG) Total Personnel Costs $ 470,766 $ 654,565 Cell Phones Service Plan 2,700 4 '756 3,000 Cell Phones for CRA Officers Office Supplies / Misc Supplies 2,000 2,500: 2,500 Office Supplies (incl printer/ copier) Office Electric, Cable/ Internet, water/sewage 6,180 12 1,000 12,000 Monthly Operating Cost Office Space Monthly Maintenance - 12 167 2,000 AC Filters/Repairs etc. Office Cleaning 1,500 f 2 167 ,' 2,000 City Cleaning Crew Computer equipment 1,000 4- Misc, Cameras Uniform 2,000 4 563 2,250 'uniforms,belts Community Events/Promotions 4,000 1 51000 5,000 Youth Programs Training 4,000 4+ 2,000 8,000 CPTED, STEP academy Total Operating Ex .nse $ 23,380 $ 36,750 FEE Misc. Equipment-As needed 21500 1 3,000 3,000 Misc. Equipment Segway (Maintenance) 1,000 3 Preventative maintenance Total Equipment Costs ��r�k�awuw�GGlr��r,�.�„✓ ��/ / ! �"°�lwl , ,';.� �'�, ��,aJ''i ,rl, NOTE: All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2023-2024 66 Boynton Beach CRA Debt Service Fund - Budraet Summ U Total Debt Service Expenses $ 2,135,817 $ 2,136,830 $ 2,136,830 67 FY 2023-2024 FY 2022-2023 Original Amended De t. # Fundin Source Bud et Bud, et Bud et 49900 Transfers In from General Fund $ 2,134,817 $ 2,135,830 $ 2,135,830 Series 2012(formerly Serigj,2QQj,.4 Brig 005A - PNC Bank 59800-814 Principal $ 1,512,000 $ 1,471,000 $ 1,471,000 59800-824 Interest $ 115,942 $ 153,600 $ 153,600 Sub -Total $ 1,627,942 $ 1,624,600 $ 1,624,600 Series 2015 (formeriv Series 200513 - BB&T 59800-815 Principal $ 445,000 $ 435,000 $ 435,000 59800-826 Interest $ 61,875 $ 76,230 $ 76,230 Sub -Total $ 506,875 $ 511,230 $ 511,230 59800-830 Financial A gnt Fees $ 1,000 $ 1,000 $ 1,000 Total Debt Service Expenses $ 2,135,817 $ 2,136,830 $ 2,136,830 67 Mi BOYNTON BEACH CRA POSITION CLASSIFICATIONS & SALARY RANGES FY 2023-2024 POSITION FLSA(b) MINIMUM MID -POINT MAXIMUM Executive Director E $ 140,000 $ 175,000 $ 210,000 Assistant Director E $ 110,000 $ 120,000 $ 160,000 Finance Director E $ 90,000 $ 120,000 $ 150,000 Accounting and Finance Manger E $ 60,000 $ 87,500 $ 115,000 Development Services Manager E $ 65,000 $ 95,000 $ 125,000 Development Services Specialist E $ 50,000 $ 67,500 $ 85,000 Business Development and Promotions Manager E $ 60,000 $ 85,000 $ 110,000 Business Promotions & Marketing Coordinator E $ 50,000 $ 60,000 $ 75,000 Social Media Communications Specialist E $ 50,000 $ 60,000 $ 80,000 Grants and Project Manager E $ 55,000 $ 80,000 $ 105,000 Administrative Assistant E $ 50,000 $ 65,000 $ 80,000 (b) FLSA = Fair Labor Standard Act; E=Exempt; N=Non-exempt 69 M. - Consent Consent Agenda 09/14/2023 Proposed Resolution No. R23-122- Intracoastal Park - Restoration Project. Requested Action: Authorize the Mayor to sign an amended deed of conservation easement with South Florida Water Management District (SFWMD) and Easement Agreement with Boynton Wildlife, LLC. to allow access, evaluation, restoration and maintenance of the mangrove wetland area located at Intracoastal Park. Explanation of Request: Boynton Wildlife, LLC has requested an amended Easement Agreement to evaluate and restore the mangrove wetland conservation area in Intracoastal Park. The project includes the removal of exotic plant species, planting of new mangroves and native species that will increase wildlife utilization, improve tidal flushing, decrease stagnant water and remove trash and pollutants. Once the area has been restored, Boynton Wildlife, LLC will maintain and monitor the area for a period of five (5) years. Permit requirements will be reviewed and imposed by Army Corps of Engineers, Florida Department of Environmental Protection and City of Boynton Beach. This item was previously approved at the November 1, 2022 City Commission Meeting. Approvals of amended Easement Agreement with Boynton Wildlife LLC. and the amended Deed of Conservation with SFWMD is required to move forward with the project. The amendments will allow for restoration of additional areas. How will this affect city programs or services? This Restoration project by Boynton Wildlife, LLC will improve the environmental sustainability of the conservation area in Intracoastal Park. The park will remain open to the public for the duration of this project. Fiscal Impact: No fiscal impact due to Boynton Wildlife, LLC funding this project. Attachments: R23-122 Resolution approving Amended Conservation Easement and Amended Easement Agreement with Boynton Wildlife (Mangrove wetland) Boynton ICP Park - Amended CE v2 .pdf Easement Agreement (Amended) - Intracoastal Park Restoration (00528743-2xC4B6A).pdf 70 1 RESOLUTION NO. R23-122 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN AMENDED 4 DEED OF CONSERVATION EASEMENT WITH SOUTH FLORIDA WATER 5 MANAGEMENT DISTRICT (SFWMD) AND AMENDED EASEMENT 6 AGREEMENT WITH BOYNTON WILDLIFE, LLC. TO ALLOW ACCESS, 7 EVALUATION, RESTORATION AND MAINTENANCE OF THE MANGROVE 8 WETLAND AREA LOCATED AT INTRACOASTAL PARK; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 WHEREAS, on November 1, 2022, the City Commission approved a request from 12 Boynton Wildlife, LLC for an Easement Agreement to evaluate and restore the mangrove 13 wetland conservation area in Intracoastal Park; and 14 WHEREAS, approvals of amended Easement Agreement with Boynton Wildlife LLC. and 15 the amended Deed of Conservation with SFWMD, which will allow for restoration of additional 16 areas, are required to move forward with the project; and 17 WHEREAS, this Restoration project by Boynton Wildlife, LLC will improve the 18 environmental sustainability of the conservation area in Intracoastal Park which will remain 19 open to the public for the duration of this project; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve 22 and authorize the Mayor to sign an amended Deed of Conservation Easement with South 23 Florida Water Management District (SFWMD) and amended Easement Agreement with 24 Boynton Wildlife, LLC. to allow access, evaluation, restoration and maintenance of the 25 mangrove wetland area located at Intracoastal Park. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above is true and correct and 29 incorporated herein by this reference. S:\CA\RESO\Agreements\Amended Easement Agreement With Boynton Wildlife (Mangrove Wetland) - Reso.Doex 71 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 56 57 58 59 60 61 62 63 64 65 66 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to sign an amended deed of conservation easement with South Florida Water Management District (SFWMD) and Easement Agreement with Boynton Wildlife, LLC. to allow access, evaluation, restoration and maintenance of the mangrove wetland area located at Intracoastal Park. A copy of the Amended Conservation Easement and Amended Easement Agreement are attached hereto and incorporated herein as Exhibits "A" and "B" respectively. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 14th day of September, 2023. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA 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: David N. Tolces Interim City Attorney S:\CA\RESO\Agreements\Amended Easement Agreement With Boynton Wildlife (Mangrove Wetland) - Reso.Doex 72 Prepared by, record and return recorded document to: South Florida Water Management District Regulation Division - MSC 9210 3301 Gun Club Road West Palm Beach, FL 33406 Permit: Application: Tract: AMENDMENT OF CONSERVATION EASEMENT This Amendment of Deed of Conservation Easement ("Amendment of Conservation Easement") is made this day of , 2023 by the SOUTH FLORIDA WATER MANAGEMENT DISTRICT ("District") with its principal address being 3301 Gun Club Road, West Palm Beach, Florida 33406, and THE CITY OF BOYNTON BEACH, ("Grantor"), with its principal address being 100 E Ocean Ave., Boynton Beach, Florida 33435. WITNESSETH: WHEREAS, Grantor granted the District that certain Deed of Conservation Easement dated January 15, 2002, and recorded in Official Record Book 14396 at Page 1690 of the Public Records of Palm Beach County, Florida (the "Original Conservation Easement") encumbering the real property described on Exhibit "A" (the "Original Premises"); WHEREAS, Grantor is the fee simple owner of the lands described in Exhibit "B" (Additional Premises"). Grantor hereby grants to the District a perpetual conservation easement, as defined in Section 704.06, Florida Statutes, over the Additional Premises; WHEREAS, the Conservation Easement over the Additional Premises shall be subject to all the provisions and restrictions of the Conservation Easement encumbering the Original Premises; WHEREAS, Grantor requests that the District amend the Original Conservation Easement to allow Department of Environmental Protection ("DEP") approved site-specific revised mangrove planting and living shoreline creation in accordance with DEP Permit Number 50-0414705-003- SFI; and WHEREAS, the District agrees to the above request and the District agrees to amend the Original Conservation Easement to include the Additional Premises. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the Grantor and the District hereby agree as follows: 1. RECITALS. The above recitals are true and correct and are hereby restated in their entirety. 73 2. ADDITIONAL PREMISES. The Additional Premises are hereby made a part of the Conservation Easement as if it were encumbered when the Conservation Easement was originally recorded in the public records, and the District agrees to accept the Additional Premises as part of the Original Premises encumbered by the Conservation Easement. 3. Paragraph 2.c. of the Conservation Easement, regarding prohibited activities, which states "Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan" is hereby amended to read "Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan and the approved site-specific mangrove planting and mitigation plan in accordance with Department of Environmental Protection's Permit Number 50-0414705-003-SFI" 4. COVENANT RUNNING WITH THE LAND. Except as expressly modified herein, the Conservation Easement shall remain in full force and effect as a covenant running with the land with respect to the Original Premises and Additional Premises. All references in the Conservation Easement to "Property" shall hereinafter mean and refer to the Original Premises and Additional Premises. All other terms and conditions of the Conservation Easement, as amended, shall remain unchanged. [EXECUTIONS BEGIN ON FOLLOWING PAGE] 2 74 IN WITNESS WHEREOF, Grantor has caused this Amendment of Conservation Easement to be executed effective as of the date and year first written above. SIGNED, SEALED AND DELIVERED IN GRANTOR: THE PRESENCE OF: Name Name: Name: STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH By: _ Name: Title: The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization this day of , 2023, by . He/She is personally known to me or produced Notary Public, State of Florida My Commission Expires: Print Name: 3 as identification. [NOTARIAL SEAL] 75 IN WITNESS WHEREOF, District has caused this Amendment of Conservation Easement to be executed effective as of the date and year first written above. SIGNED, SEALED AND DELIVERED IN DISTRICT: THE PRESENCE OF: Name: Name: STATE OF FLORIDA ) ss: COUNTY OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT Jesse Markle, P.E., South Florida Water Management District Bureau Chief The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization this day of , 202_, by Jesse Markle, P.E., Bureau Chief, Environmental Resource Bureau of the South Florida Water Management District, a government entity created by Chapter 373, Florida Statutes, who is personally known to me. Notary Public, State of Florida My Commission Expires: Print Name: 0 [NOTARIAL SEAL] 76 JOINDER. CONSENT AND SUBORDINATION BY MORTGAGEE The undersigned, (the "Lender" or "Mortgagee"), the holder of a mortgage (the "Mortgage") encumbering the Additional Premises (the "Mortgaged Property") subject to the Amendment of Conservation Easement to which this joinder is attached (the "Amendment of Conservation Easement"), does hereby execute this joinder for the sole purpose of consenting to the recording of the Amendment of Conservation Easement, and hereby subordinates the lien of its Mortgage to the above Amendment of Conservation Easement and further consents to, joins in and agrees that the undersigned and its successors and assigns shall be bound by the above Amendment of Conservation Easement. By its execution hereof, Mortgagee does not make any representations or warranties with respect to any matters set forth in or pertaining to the Amendment of Conservation Easement, undertake any of the obligations or liabilities contained therein or agree that any of the terms of the Amendment of Conservation Easement amend or modify the loan documents secured by the Mortgaged Property. IN WITNESS OF THE FOREGOING, the Lender has set Lender's hand and seal the day of , 202_. WITNESSES: US a Print Name: Title: Print Name: STATE OF ) ) ss: COUNTY OF ) Name: The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization this day of , 202_, by , as of , a , on behalf of said entity. He is personally known to me or produced as identification. Notary Public, State of My Commission Expires: Print Name: 5 [NOTARIAL SEAL] 77 EXHIBIT A Original Conservation Easement Premises Legal Description LAND DESCRIPTION: CONSERVATION EASEMENT A PORTION OF LOTS 8 AND 9, SAM BROWN JR'S HYPOLUXO SUBDIVISION IN SECTION 15, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 81 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER (SWC/4) OF SAID SECTION 15; THENCE SOUTH S89°39'01"E ALONG THE NORTH LINE OF THE SOUTHWEST ONE QUARTER (%4) OF SAID SECTION 15, A DISTANCE OF 930.15 FEET TO THE EAST RIGHT OF WAY LINE OF STATE ROAD 5 (FEDERAL HIGHWAY) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 93010-2501, SHEET 3 OF 7, LAST DATED JANUARY 1956; THENCE SOUTH 07046'43"W ALONG SAID EAST RIGHT OF WAY LINE, 1109.82 FEET TO THE SOUTH LINE OF SAID LOT 9; THENCE S89°50'05"E ALONG SAID SOUTH LINE OF SAID LOT 9, A DISTANCE OF 917.61 FEET TO THE WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH; THENCE NORTH 00'06'15" EAST, ALONG SAID WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH, 12.12 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88°21'39" WEST, 67.82 FEET; THENCE NORTH 86°58'20" WEST, 43.79 FEET; THENCE NORTH 74°32'53" WEST, 35.45 FEET; THENCE NORTH 19°21'48" WEST, 45.53 FEET; THENCE NORTH 19°23'05" EAST, 53.77 FEET; THENCE NORTH 44°52'21" EAST, 29.36 FEET; THENCE NORTH 82°27'41" EAST, 59.75 FEET; THENCE NORTH 00027'07" WEST, 9.89 FEET; THENCE NORTH 18°21'04" EAST, 32.39 FEET; THENCE NORTH 74041'39" EAST, 53.12 FEET TO THE WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH; THENCE FOLLOWING FIVE (5) COURSES ALONG SAID WESTERLY MEAN HIGH WATER LINE OF LAKE WORTH; 1. SOUTH 04056'07" WEST, 42.47 FEET; 2. SOUTH 02002'04" WEST, 29.10 FEET; 3. SOUTH 08033'39" EAST, 33.95 FEET; 4. SOUTH O1008'30" EAST, 42.26 FEET; 5. SOUTH 00005'57" EAST, 39.92 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 21,505 SQUARE FEET, 0.4937 ACRE, MORE OR LESS. 0 78 Exhibit B Amended Conservation Easement Legal Description The lands described within the conservation easement recorded in both PBC Book 14396 Page 1695 and as per the original unamended Intracoastal Park Restoration Easement Agreement recorded in PBC Book 34018 Page 00085, along with an additional 0.13 acres to be added to the previously conservation easement whose new bounds are described by the legal description as follows: A PORTION OF LOTS 8 AND 9, SAM BROWN JR'S HYPOLUXO SUBDIVISION IN SECTION 15, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 81, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER (SWC/4) OF SAID SECTION 15; THENCE PROCEED S89°39'01"E ALONG THE NORTH LINE OF THE SOUTHWEST ONE QUARTER ('/4) OF SAID SECTION 15, A DISTANCE OF 930.15 FEET TO THE EAST RIGHT OF WAY LINE OF STATE ROAD 5 (FEDERAL HIGHWAY) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 93010-2501, SHEET 3 OF 7, LAST DATED JANUARY 1956; THENCE S07046'43"W ALONG SAID EAST RIGHT OF WAY LINE, 1109.82 FEET TO THE SOUTH LINE OF SAID LOT 9; THENCE S89°50'05"E ALONG SAID SOUTH LINE OF SAID LOT 9, A DISTANCE OF 917.61 FEET TO A POINT; THENCE N00009'55"E A DISTANCE OF 9.30 FEET TO THE POINT OF BEGINNING; THENCE PROCEED S85056'24"W A DISTANCE OF 56.94 FEET; THENCE S89°57'10"W A DISTANCE OF 50.35 FEET; THENCE 86°58'20"W A DISTANCE OF 51.90 FEET; THENCE N05014'00"W A DISTANCE OF 60.92 FEET; THENCE N19°23'05"E A DISTANCE OF 53.89 FEET; THENCE N45°00'00"E A DISTANCE OF 32.94 FEET; THENCE N59003'52"E A DISTANCE OF 82.76 FEET; THENCE N74°41'39"E A DISTANCE OF 53.02 FEET; THENCE SO4057'58"W A DISTANCE OF 39.02 FEET; THENCE S12°17'36"E A DISTANCE OF 48.38 FEET; THENCE S05°26'40"W A DISTANCE OF 5.99 FEET; THENCE S70036'55"E A DISTANCE OF 19.96 FEET; THENCE S12°00'00"E A DISTANCE OF 33.93 FEET; THENCE S50°00'00"W A DISTANCE OF 12.97 FEET; THENCE S05°26'40"W A DISTANCE OF 30.94 FEET; THENCE 517°17'51"W A DISTANCE OF 18.92 FEET; THENCE S86000'00"W A DISTANCE OF 12.54 FEET TO THE POINT OF BEGINNING. CONTAINING 27283.15 SQUARE FEET (0.626 ACRES) 7 79 Prepared by and Return To: David N. Tolces, Esquire City Attorney's Office City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 AMENDED AND RESTATED EASEMENT AGREEMENT FOR INTRACOASTAL PARK RESTORATION (This Amended and Restated Easement is amending the Easement Agreement for Intracoastal Park Restoration Recorded at Official Record Book 34018, Pages 88-93 of the Public Records of Palm Beach County solely to amend the legal description contained in Exhibit "A") THIS AMENDED AND RESTATED EASEMENT AGREEMENT is made this day of , 2023 between the City of Boynton Beach, whose mailing address is 100 East Ocean Avenue, Boynton Beach, FL 33435 ("Grantor"), and Boynton Wildlife, LLC, a Florida limited liability company, whose mailing address is 2805 E Oakland Park Blvd Suite 437 Fort Lauderdale, FL 33306 (collectively referred to as "Grantee"), both being herein referred to collectively as the "parties," for the sole purpose of providing access, maintenance, and restoration for the BOYNTON SUPPORTS WILDLIFE I Environmental Improvement Project ("Project"). 1. Grant of Easement. In consideration of the mutual benefits to be derived from the Project, the sufficiency of which is hereby acknowledged by the parties, the Grantor hereby grants, bargains, and conveys to the Grantee, its subcontractors, agents and employees, a non-exclusive access, maintenance, and restoration easement on, over, under, through and across the parcels described in Exhibit "A," attached hereto and incorporated herein for the purpose of designing, constructing, and maintaining wildlife and environmental improvements to existing mangrove wetlands ("the Easement Premises") and a non-exclusive access easement on, over, under, through and across the parcels described in Exhibit `B," attached hereto and incorporated herein for the purpose of accessing the lands contained in Exhibit "A." This instrument is further subject to all easements, restrictions, covenants, conditions, limitations, and reservations of record, if any. 2. Grantee's Use. The Easement Premises may be used by Grantee, its subcontractors, agents, or employees solely for the purpose of designing, constructing, and maintaining wildlife and environmental improvements to existing mangrove wetlands and related neighboring existing conservated lands associated with the Project. In the event the Grantee's use of the Easement Premises, as defined herein, frustrates or interferes with the Grantor's conducting its business or 80 the public's activities, the parties will work cooperatively to identify a solution or remedy for the Grantee's continued use in accordance with this Easement.. Any amendment to the Easement Premises pursuant to this paragraph shall be signed by both parties, and recorded in the Official Public Records of Palm Beach County. 3. Grantee's Obligations. Grantee shall obtain all permits and approvals required by all applicable governmental entities. Grantee shall maintain to its existing condition or planned conditions contemplated as part of the Project the Easement Premises and its immediate environs throughout the term of the Project. Any damage caused by Grantee or its agents or employees to the surface or sub -surface portion of the Easement Premises or any property of the Grantor or others located therein shall be repaired by the Grantee in a manner satisfactory to the Grantor. Grantee shall provide Grantor with ten (10) days prior written notification of Grantee's desire to enter onto the Easement Premises with machinery or for the purposes of commencing construction of the Project. In addition, the Grantee shall be obligated to pay 100% of the financial costs required for C&N Environmental, Inc. as well as other environmental consultants and engineers necessary to evaluate the sites and prepare plans for any required environmental improvement permits with the Army Corps of Engineers and Florida DEP. The Grantee shall also bear 100% of the financial costs of constructing the Project and 100% of the costs of the maintenance and monitoring requirements as imposed by the Army Corps of Engineers and Florida DEP for a period of at least five (5) years. 4. Grantor's Obligations. Grantor shall not commit any act that would interfere with or impede the rights granted to Grantee, its subcontractors, agents or employees under this Agreement. 5. Term. This Agreement shall be effective upon execution by both parties and shall continue until all requirements imposed by the Army Corps of Engineers and Florida DEP have been met and completed by the Grantee. The rights and Easement granted herein shall automatically terminate once the requirements imposed by the Army Corps of Engineers and Florida DEP have been met and completed by the Grantee. Either party may thereafter record a memorandum or notice of termination. 6. Subordination of Rights. The Easement hereby granted is subject and subordinate to Grantor's right to enter, work, and use the Easement Premises in addition to the rights of use by the public. 7. Insurance. Prior to the utilization of this Easement by the Grantee, Grantee shall maintain, at its sole cost and expense, all necessary insurance in such form and amount as required by Grantor's Risk Management Department which may include, but is not limited to, General Liability Insurance, in the amount of one million dollars ($1,000,000) per occurrence, general aggregate combined single limit for automobile liability, including premises and operation, as well as Products Completed/Operations Aggregate, and Personal Advertising Injury; and, all other insurance coverage reasonably required by the Grantor, including Workers' Compensation and Employers' Liability Insurance, Umbrella/Excess Liability Insurance, and Professional Liability when appropriate. Coverage shall not contain any endorsement(s) excluding Contractual Liability or Cross Liability. The Grantor shall be named as an additional insured on all insurance policies. The coverage shall contain no limitations on the scope of protection afforded the Grantor, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein must be maintained in order for Grantee to remain in compliance, and shall Page 2 of 8 81 be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the Grantor. 8. Indemnification. Grantee agrees to defend, indemnify, and hold the Grantor and its officers, employees, and agents harmless from and against any and all damages, liabilities, claims, actions, penalties, damages, settlements, judgments, costs and expenses, including court costs, reasonable attorney's fees, and paralegal expenses, at both the trial and appellate levels arising directly out of Grantee's work on the Project including, without limitation, losses arising directly out of or resulting from personal injury, death, damage to property, defects in materials or workmanship, or a claim that the Project violates any applicable statute, ordinance, administrative order, rule or regulation or decree of any court. The provisions of this section shall survive the completion or termination of this Easement. 10. Authority to Execute This Agreement. Any person executing this Agreement and representing Grantor hereby warrants and represents that he or she has received all governmental authorization necessary to bind Grantor to the terms of this Agreement. Any person executing this Agreement and representing Grantee hereby warrants and represents that he or she has received all authorization necessary to bind Grantee to the terms of this Agreement. 11. Prohibited Acts by Grantee. With the sole exception of the Easement Premises, Grantee, its agents and employees shall not enter on, over, under, through, or across any other portion of Grantor's property. Grantee shall promptly and at Grantee's expense repair or replace any unauthorized portion of Grantor's property damaged or destroyed and/or impairment thereto caused by Grantee during the course of Grantee's work. Grantee shall not plant or erect anything which shall unreasonably interfere with Grantor's use of any portion of Grantor's property unless permission is granted by Grantor in writing. Grantee shall promptly remove, any unauthorized materials resulting from Grantee's work on the Easement Premises for the Project. 12. Impending Damage. Nothing herein shall prevent Grantor from reasonably protecting its property and Easement Premises from impending damage or loss due to wind, seas, storms, or other forces of nature in the event that Grantee is unwilling or unable to undertake such actions for any reason including lack of funding. In the event, the National Hurricane Center issues a tropical storm warning or watch, or a hurricane warning or watch affecting the Easement Premises, the Grantee shall secure or remove all its property located in or on the Easement Premises. 13. Governing Law and Venue. Any action to enforce this Agreement shall be brought in Palm Beach County, Florida. This Agreement shall be governed by the laws of the State of Florida. 14. Modification. This instrument shall not be modified or terminated except by written agreement signed by Grantor and Grantee. 15. Binding Effect. The covenants contained in this instrument, including all benefits and burdens, are not personal, but shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, transferees, successors and assigns. Page 3 of 8 82 16. No Joint Venture. Nothing in this instrument shall be construed to make the parties hereto partners or joint venturers or render them liable for the debts or obligations of the other. 17. Recordation. This instrument shall be recorded in the Public Records of Paha Beach County, Florida. All fees associated with recording this instrument shall be borne by the Grantee. 18. Default. The terms of this Easement may be enforced by Grantor by injunctive relief and any other available remedies. By way of example, and not limitation, Grantor shall be entitled to enjoin any activity or use of the Easement Premises that is inconsistent with the rights granted to the Grantee pursuant hereto. If for any reason whatsoever Grantee shall default in the performance of any of the obligations to be performed by Grantee pursuant to this Agreement, Grantor shall give Grantee written notice of such default. The written notice shall specify the alleged default in reasonable detail necessary for Grantee to cure said default. Grantee shall then within fourteen (14) days from receipt of such written notice, shall respond to Grantor with a plan to take action to cure said default and shall subsequently cure said default within a reasonable period of time (not less than thirty (15) days and no more than sixty (60) days) from the date Grantee receives written notice. If Grantee shall fail to cure said default in accordance with the above, Grantor shall have the option to either (A) enforce this agreement by injunctive relief and other available remedies or (B) terminate this Easement upon (30) days' notice to the Grantee. Page 4 of 8 83 IN WITNESS WHEREOF, Grantor and Grantee have set hereto their hand and seals on the day and year first above set forth. Signed, Sealed, and Delivered in the presence of: Witness Name — Typed or Printed Witness Name — Typed or Printed APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Office of the City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH GRANTOR: CITY OF BOYNTON BEACH, A FLORIDA MUNICIPAL CORPORATION Ty Penserga, Mayor The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2023 by Ty Penserga, as Mayor on behalf of the City of Boynton Beach, a Florida municipal corporation, and who is personally known to me or who produced as identification. Witness my hand and official seal this day of My Commission Expires: 2023. Notary Public, State of Florida Printed Name: Notary Commission Number Page 5 of 8 84 GRANTEE: Boynton Wildlife, LLC LOIN Tricia Russel Authorized Representative LOW Austen Bernstein Authorized Representative Page 6 of 8 85 EXHIBIT "A" LEGAL DESRIPTION OF EASEMENT PREMISES The lands described within the conservation easement recorded in both PBC Book 14396 Page 1695 and as per the original unamended Intracoastal Park Restoration Easement Agreement recorded in PBC Book 34018 Page 00085, along with an additional 0.13 acres to be added to the previously conservation easement whose new bounds are described by the legal description as follows: A PORTION OF LOTS 8 AND 9, SAM BROWN JR'S HYPOLUXO SUBDIVISION IN SECTION 15, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 81, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER (SWC/4) OF SAID SECTION 15; THENCE PROCEED S89°39'01 "E ALONG THE NORTH LINE OF THE SOUTHWEST ONE QUARTER (1/4) OF SAID SECTION 15, A DISTANCE OF 930.15 FEET TO THE EAST RIGHT OF WAY LINE OF STATE ROAD 5 (FEDERAL HIGHWAY) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 93010-2501, SHEET 3 OF 7, LAST DATED JANUARY 1956; THENCE S07046'43"W ALONG SAID EAST RIGHT OF WAY LINE, 1109.82 FEET TO THE SOUTH LINE OF SAID LOT 9; THENCE S89°50'05"E ALONG SAID SOUTH LINE OF SAID LOT 9, A DISTANCE OF 917.61 FEET TO A POINT; THENCE N00°09'55"E A DISTANCE OF 9.30 FEET TO THE POINT OF BEGINNING; THENCE PROCEED S85056'24"W A DISTANCE OF 56.94 FEET; THENCE S89°57' 10"W A DISTANCE OF 50.35 FEET; THENCE 86°58'20"W A DISTANCE OF 51.90 FEET; THENCE N05014'00"W A DISTANCE OF 60.92 FEET; THENCE N19°23'05"E A DISTANCE OF 53.89 FEET; THENCE N45°00'00"E A DISTANCE OF 32.94 FEET; THENCE N59°03'52"E A DISTANCE OF 82.76 FEET; THENCE N74°41'39"E A DISTANCE OF 53.02 FEET; THENCE SO4057'58"W A DISTANCE OF 39.02 FEET; THENCE S12°17'36"E A DISTANCE OF 48.38 FEET; THENCE S05°26'40"W A DISTANCE OF 5.99 FEET; THENCE S70036'55"E A DISTANCE OF 19.96 FEET; THENCE S12°00'00"E A DISTANCE OF 33.93 FEET; THENCE S50000'00"W A DISTANCE OF 12.97 FEET; THENCE S05°26'40"W A DISTANCE OF 30.94 FEET; THENCE S17°17'51"W A DISTANCE OF 18.92 FEET; THENCE S86°00'00"W A DISTANCE OF 12.54 FEET TO THE POINT OF BEGINNING. CONTAINING 27283.15 SQUARE FEET (0.626 ACRES) Page 7 of 8 86 EXHIBIT B EASEMENT PREMISES Lands located in Palm Beach County as identified by Parcel No. 08434515030000070 and described as: BROWN SAM JR SUB LTS 7 THRU 9 & TR OF SUBMRG LAND E OF LT 9 LYG BET HIGHWATER LI & CITY OF BOYNTON BEACH BULKHEAD LI IN TRS DEEDS 22410 & 22411 (LESS SR 5 R/W) EXCLUDING: The lands contained within the conservation easement recorded in PBC Book 14396 Page 1695 Any rights-of-way adjacent to lands described in EXHIBIT A within Boynton Beach, FL. Page 8 of 8 87 6.0 Consent Agenda 09/14/2023 Proposed Resolution No. R23-123- Hurricane Nicole DR4680 Funding Agreement. Requested Action: Approve and authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Nicole DR4680 between the City of Boynton Beach and State of Florida, Division of Emergency Management. Explanation of Request: To be eligible to receive disaster relief funding through the Federal Emergency Management Agency (FEMA), the agreement must be executed with the State of Florida because all federal disaster relief funding is distributed to the State then passed on to local municipalities who qualify. The Florida Public Assistance program is funded by a federal grant to aid state and local governments in returning a disaster area to pre -disaster conditions. A major disaster declaration designated FEMA -4680 -DR -FL for the State of Florida as a result of Hurricane Nicole. How will this affect city programs or services? By executing agreement # Z3661, the City is eligible to receive federal financial assistance for cost incurred due to Hurricane Nicole. Fiscal Impact: Expenditures that occurred as a result of Hurricane Nicole may be eligible for federal financial assistance. Normally, a minimum of 75% of eligible costs is provided to primarily address the reimbursement of labor hours, required services, repair and restoration of public facilities and/or infrastructure which have been damaged or destroyed. The State and Local participation is up to 12.5% (each) of eligible cost. Attachments: R23-123 Resolution approving Disaster Relief Funding Agreement (Hurricane Nicole) DR4680-FL-Z3661-Boynton Beach City of-Subgrant Agreement.pdf 88 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 RESOLUTION R23-123 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A DISASTER RELIEF FUNDING AGREEMENT FOR FEDERAL AND STATE ASSISTANCE FOR HURRICANE NICOLE DR4680 BETWEEN THE CITY OF BOYNTON BEACH AND THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a major disaster declaration designated FEMA -4680 -DR -FL for the State of Florida as a result of Hurricane Nicole; and WHEREAS, to be eligible to receive disaster relief funding through the Federal Emergency Management Agency, (FEMA), the agreement must be executed with the State of Florida since all federal disaster relief funding is actually distributed to the State and then passed down on to local municipalities who qualify, and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to enter into a Disaster Relief Funding Agreement between the City of Boynton Beach and the State of Florida, Division of Emergency Management for assistance with Hurricane Nicole. 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 hereby approves and authorizes the City Manager to sign a Disaster Relief Funding Agreement for Federal and State assistance for S:ACA\RESO\Agreements\Disaster Relief Funding Agreement (Hurricane Nicole) - Reso.Docx 89 29 Hurricane Nicole between the City of Boynton Beach and the State of Florida, Division of 30 Emergency Management, a copy of the Agreement is attached hereto as Exhibit "A" 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 14th day of September, 2023. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 Maylee De Jes6s, MPA, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 59 60 61 62 63 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:ACA\RESO\Agreements\Disaster Relief Funding Agreement (Hurricane Nicole) - Reso.Docx 90 Agreement Number: Z3661 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT for DR - 4680- Hurricane Nicole The following Agreement is made and information is provided pursuant to 2 CFR §200.332(a)(1): Subrecipient's name: Boynton Beach, City Of Subrecipient's unique entity identifier: Federal Award Date: Subaward Period of Performance Start and End Date (Cat A -B): Subaward Period of Performance Start and End Date (Cat C -G): Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Subrecipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Subrecipient by the pass-through entity: Federal award project description (see Federal Funding Accountability and Transparency Act (FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Assistance Listing Number (Formerly CFDA Number): Dec 17, 2022 Nov 7, 2022 - June 13, 2023 Nov 7, 2022 - June 13, 2024 N/A Grant for communities to respond to and recover from major disasters or emergencies and for limited mitigation measures. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA ) Florida Division of Emergency Management (FDEM) 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 97.036 Disaster Grants - Public Assistance (Presidentially Assistance Listing Program Title (Formerly CFDA program Titled Declared Disasters) THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Boynton Beach, City of (hereinafter referred to as the "Subrecipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Subrecipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The Subrecipient, by its decision to participate in this grant program, bears the ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate consequences of any adverse decisions rendered by the Division, the Federal Awarding Agency, or any other State and Federal agencies with audit, regulatory, or enforcement authority; 91 1 C. This Agreement establishes the relationship between the Division and the Subrecipient to allow the Division to pay grant funds to the Subrecipient. THEREFORE, the Division and the Subrecipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 CFR § 200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance," applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. Performance under this Agreement is subject to 2 CFR Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. In addition to the foregoing, the Subrecipient and the Division shall be governed by all applicable State and Federal laws, rules, and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. The applicable statutes, rules, or regulations are the statutes, rules, or regulations in effect at the time of the declaration of the incident through which federal funds are awarded, or as otherwise indicated as retroactively applied. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Subrecipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Subrecipient performance; and ii. Review and document all deliverables for which the Subrecipient requests payment. b. The Division's Grant Manager for this Agreement is: Name Jennifer Stallings Title Grant Program Manager Bureau of Recovery Address: Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Telephone: (850) 815-4408 Email: Jennifer.StallingsCcDem.myflorida.com c. The name and address of the Representative of the Subrecipient responsible for the administration of this Agreement is: Name: Address: 2 92 Telephone: Email: d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative will be provided to the other party in writing via letter or electronic email. e. Systems Access: It is the Subrecipient's responsibility to maintain current active users in the Division's grants management system in accordance with Attachment B to this Agreement ("Systems Access Form"). (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Subrecipient shall perform the work as approved by FEMA and provide the necessary documentation to substantiate work completed. (8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE The Period of Agreement establishes a timeframe for all Subrecipient contractual obligations to be completed. Upon execution by both parties, this Agreement shall begin on the first day of the incident period for the disaster applicable to the agreement and shall end upon closeout of the Subrecipient's account for this disaster by the Federal Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced required records retention periods. Work may only be performed during the timeframes established and approved by FEMA for each Category of Work type. (9) FUNDING a. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal Awarding Agency for all projects approved for this Subrecipient for DR - 4680 - Hurricane Nicole Payments to Subrecipients are contingent upon the granting of budget authority to the Division. b. Pursuant to section 252.37(5)(a), Florida Statutes, unless otherwise specified in the General Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies under the Federal Public Assistance Program and such financial assistance is conditioned upon a requirement for matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required match for grants to Local governments. Affected Local governments shall be required to provide one-half of the required match prior to receipt of such financial assistance. Section 252.37, Florida Statutes, does not 93 3 apply to Subrecipients that are considered Private Non -Profit entities, therefore the entire non-federal share shall be the responsibility of the Private Non -Profit Subrecipient. c. The Executive Office of the Governor may approve a waiver to local governments for the Non -Federal match requirement. The local government must apply for the waiver in accordance with Section 252.37(5)(b), Florida Statutes. Local governments must apply for the match waiver independently from their respective County. (10) PAYMENT a. The payment method used by the Division is either a Cost Reimbursement or an Advance Payment. Advance payments will be governed by Chapter 216, Florida Statutes. b. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Subrecipient. (11) REPAYMENTS a. Refunds or repayments of obligated funds may be paid to the Division through check or through a payment plan as approved by the Department of Financial Services. Additionally, FEMA may permit the Division to off -set against other obligated projects where deemed appropriate. In accordance with Chapter 255, Florida Statutes, the Subrecipient has 30 days to repay the funds from the issuance of the invoice from the Division. The Division may impose a 1 % per month interest fee for unpaid invoices. b. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management," and must include the invoice number and the applicable Disaster and Project number(s) that are the subject of the invoice, and be mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (12) RECORDS a. As required by 2 CFR § 200.334, and modified by Florida Department of State's record retention requirements (Fla. Admin. Code R. 1 B-24.003), the Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and all relevant terms and conditions of the award paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. This period may be extended for reasons including, but not limited to, litigation, fraud, or appeal. As required by 2 CFR § 200.303(e), the Subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal Awarding Agency or the Division designates as sensitive or the Subrecipient considers sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality. b. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient 94 4 to determine compliance with the requirements and objectives of the award and all other applicable laws and regulations. (13) AUDITS a. The Subrecipient shall comply with the audit requirements contained in 2 CFR Part 200, Subpart F. b. As required by 2 CFR § 200.337(a), "The Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the [Division], or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the [Subrecipient] which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the [Subrecipient's] personnel for the purpose of interview and discussion related to such documents." The right of access is not limited to the required retention period but lasts as long as the records are retained (2 CFR § 200.337(c)). c. As required by 2 CFR § 200.332(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such documents. (14) REPORTS a. Consistent with 2 CFR § 200.329, the Subrecipient shall provide the Division with quarterly reports and any applicable financial reporting, including reports required by the Federal Funding Accountability and Transparency Act (FFATA). These reports shall include the current status and progress by the Subrecipient and, as applicable, 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 requested by the Division. b. The Subrecipient agrees to submit quarterly reports to the Division no later than fifteen (15) days after the end of each quarter of the program year and to submit quarterly reports each quarter until one quarter past the closeout of each project in the Division's Grant Management System. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The closeout report is due sixty (60) days after completion of each project worksheet associated with the applicant executing this Agreement, or sixty (60) days after termination of this Agreement, whichever first occurs. 95 5 d. The Subrecipient shall provide additional program reports, updates, or information that may be required by the Division or the Federal awarding agency. (15) MONITORING a. The Division shall monitor the performance of the Subrecipient under this Agreement to ensure that the Scope of Work is being accomplished within the specified time periods, and that other performance goals are being met. b. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that an audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Division to the Subrecipient regarding such audit. c. Small Projects, as defined in 44 CFR § 206.203, that are obligated above the Federal Simplified Acquisition Threshold (SAT) will be subject to enhanced oversight and monitoring by the Division as authorized by 2 CFR § 200.332(a)(2). (16) LIABILITY a. Unless the Subrecipient is a State agency or political subdivision, as defined in section 768.28(2), Florida Statutes, the Subrecipient is solely responsible to third parties it deals with in carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Subrecipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Subrecipient which is a State agency or political subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (17) TERMINATION This Agreement terminates upon the completion of all eligible work and payment of all eligible costs in accordance with the Public Assistance Program requirements. The Division and Subrecipient agree that all records will be maintained until the conclusion of any record retention period. (18) PROCUREMENT a. The Subrecipient must ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, including 2 CFR §§ 200.318 through 200.327 as well as Appendix II to 2 CFR Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). Additional requirements, guidance, templates, and checklists regarding procurement may be obtained through the FEMA Procurement Disaster Assistance Team. Resources found here: https://www.fema.gov/grants/procurement. b. The Subrecipient must include all applicable federal contract terms for all contracts for which federal 96 6 funds are received. If the Subrecipient contracts with any contractor or vendor for performance of any portion of the work required under this Agreement, the Subrecipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Division, its employees and/or their contractors, and the Subrecipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. c. The Subrecipient must monitor and document, in the quarterly report, the contractor's progress in performing its work on its behalf under this Agreement in addition to its own progress. d. The Subrecipient must ensure all contracts conform to sections 287.057 and 288.703, Florida Statutes, as applicable. (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Attachment A —Certification Regarding Debarment ii. Attachment B — Systems Access Form iii. Attachment C — Certification Regarding Lobbying 97 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUBRECIPIENT: Boynton Beach, City of By: (Signature) Name: Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Governor's Authorized Representative Date: Agreement Number: Z3661 98 8 Attachment A CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION The Subrecipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within the five-year period preceding entering into this Agreement had one or more public transactions (Federal, State, or Local) terminated for cause or default; and 3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or a contract under public transaction, or b) violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. The Subrecipient understands and agrees that the language of this certification must be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and cooperative agreements) and that all contractors and sub -contractors must certify and disclose accordingly. The Subrecipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. By: Signature Boynton Beach, City of Subrecipient's Name Z3661 Name and Title DEM Contract Number 100 E. Boynton Beach Boulevard Street Address Boynton Beach, FL, 33425-0310 City, State, Zip Date 99 9 Attachment B SYSTEMS ACCESS The System Access Form is submitted with each new disaster or emergency declaration to identify the Subrecipient's contacts for the FDEM Grants Management System in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Systems Access Form is originally submitted as Attachment "B" to the PA Funding Agreement. The Subrecipient is responsible for regularly reviewing its contacts. Contacts should be removed within 14 days of separation, retirement, or are reassignment by the Subrecipient. A new form will only be needed if all listed contacts have separated from the Agency. If a new Systems Access form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FDEM Grants Management System for the specified grant. All users must log in on a monthly basis to keep their accounts from becoming locked. Note: the Systems Access Form is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FDEM Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FDEM Grants Management System within twelve (12) hours of being notified or their account will lock them out. Each user must log in within a sixty (60) day period or their account will lock them out. In the event you try to log in and your account is locked, users must submit a request for unlocking to RPA. Help(a)em. myflorida.com. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. A subsequent new Authorized Agent must be designated through a letter on letterhead from the Subrecipient's Authorized Representative. It is recommended to delegate this authority to an organizational staff member to avoid delays in grant management (Only one Authorized Agent is allowed, and this person will have full access/authority unless otherwise requested). Block 2: "Primary Contact" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports/requests in FDEM Grants Management System. The Authorized Agent may designate a new Primary Contact. (Only one Primary Contact is allowed, and this contact will have full access). Block 3: "Alternate Contact" — This is the person designated by your organization to be available when the Primary is not. Either the Authorized Agent or Primary Contact may designate a new Alternate Contact. (Only one Alternate Contact is allowed, and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management -Insurance, and Environmental -Historic). Providing these contacts is essential in the coordination and communication required between State and Local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 — 12: "Other" (Read Only Access) — There is no limit on "Other" contacts, but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read -Only" designation cannot take any action in FDEM Grants Management System. Note: The Systems Access Form is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. 100 10 SYSTEMS ACCESS FORM (CONTACTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Subrecipient: Boynton Beach, City of Box 1: Authorized Agent (Full Access) Box 2: Primary Contact (Full Access) Name Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 3: Alternate Contact (Full Access) Box 4: Other-Finance/Point of Contact (Full Access) Name Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 5: Other -Risk Mgmt-Insurance (Full Access) Box 6: Other -Environmental -Historic (Full Access) Name Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address The above contacts may utilize the FDEM Grants Management System to perform the Subrecipient's responsibilities regarding the Public Assistance Grant according to their level of access. The Subrecipient is responsible for ensuring that all contacts are correct and up-to-date. Subrecipient Authorized Representative Signature Date SYSTEMS ACCESS FORM (CONTACTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Subrecipient: Boynton Beach, City of Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Name Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Name Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Name Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Subrecipient's Fiscal Year (FY) Start: Month: Day: Subrecipient's Federal Employer's Identification Number (EIN) 59-6000282 Subrecipient's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Subrecipient's: FIPS Number (If Known) 099-07875-00 12 102 Attachment C Certification Regarding Lobbying APPENDIX A, 44 CFR PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Subrecipient or contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Subrecipient/contractor's Authorized Official Name and Title of Subrecipient/contractor's Authorized Official Date 13 103 g Consent Agenda 09/14/2023 Proposed Resolution No. R23-124- Sub -recipient Agreements for the Community Development Block Grant (CDBG), as adopted in the CDBG FY2023 One Year Annual Action Plan, R23-098. Requested Action: Approve and Authorize the Mayor to sign sub -recipient agreements for the Community Development Block Grant (CDBG), as adopted in the CDBG FY 2023 One Year Annual Action Plan, R23-098. Explanation of Request: Local nonprofit service providers of CDBG eligible services and programs to low and low - moderate income residents of the City of Boynton Beach have submitted grant applications requesting funds to assist in the delivery of their services. As the result of approval, they have provided budgets and scopes of services and are contracting with the City of Boynton Beach to be reimbursed. The City will reimburse the following agencies for services provided: Boynton Beach Faith Based Community Development Corporation, Inc $40,000.00 o The Program will provide 3 basic components to at least 150 LMI Seniors: Food and Nutritional Education; Social Activities; and Basic Essential Social Services. Seniors will be connected to a local network of partners and resources engaging them in managing their wellness, both physical and mental. Pathways to Prosperity, Inc. $ 35,00 o Pathways to Prosperity provides a comprehensive program for people who are willing and ready to move out of poverty. Through a 15-18 weeks Circles Training Class, goals and future plans are mapped out and coupled with tools to secure and retain better jobs. In addition, Pathways to Prosperity assist clients with emergency assistance and/or connect with community resources to meet their need. At least 50 LMI Individuals will be served. Legal Aid Society of Palm Beach County, Inc. $7,500.00 104 Legal Aid Society will provide fair housing education workshops, outreach, and legal aid assistance to inform the underserved population about fair housing laws and their legal rights. At least 45 LMI individuals will be served through this program. Boynton Beach Faith Based Community Development Corporation, Inc. $535,000.00 o This project provides funding (as a grant) for housing repairs and improvements to elderly and/or disable homeowners (eligible individuals must be at or below 80 percent of Area Median Income). The purpose of the Limited Rehabilitation Program is to stabilize the homeowner's residence by making essential repairs to make the home safe, accessible and livable. At least 18 households will be served. Total Subrecipient Funding $617,500.00 How will this affect city programs or services? The Community Development Block Grant Program's purpose is to assist the City of Boynton Beach meet the needs of its lower income residents. The agencies that are being funded will offer various forms of assistance that are considered public service and housing rehabilitation activities. These agencies request funding to provide for staffing cost and other cost related to the program. Fiscal Impact: The City will reimburse the following agencies for services provided: Boynton Beach Faith Based Community Development Corporation, Inc. $40,000 Pathways to Prosperity, Inc. $ 35,000 Legal Aid Society of Palm Beach County, Inc. $7,500 Boynton Beach Faith Based Community Development Corporation, Inc. $535,000 Total Sub -recipient Funding $617,500 Attachments: R23-124 Resolution approving CDBG - SubRecipient Agreements (2023) FY 2023 CDBG - Subrecipient Agreeement with Boynton Beach Faith Based CDC - Limited Rehabilitation Program.pdf FY 2023 CDBG - Subrecipient Agreeement with Boynton Beach Faith Based CDC - Elder Care Program.pdf FY 2023 CDBG - Subrecipient Agreement with Legal Aid Society of Palm Beach County, Inc. - Fair Housing Project.pdf FY 2023 CDBG Subrecipient Agreement with Pathways to Prosperity, Inc - CIRCLES Boynton Beach Program.pdf R23-098 - FY 2023 CDBG Annual Action Plan.pdf 105 106 1 RESOLUTION R23-124 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN SUB - 5 RECIPIENT AGREEMENTS FOR THE COMMUNITY 6 DEVELOPMENT BLOCK GRANT (CDBG), AS ADOPTED IN THE 7 CDBG FY 2023 ONE YEAR ANNUAL ACTION PLAN, AS ADOPTED 8 IN RESOLUTION R23-098; AND PROVIDING AN EFFECTIVE 9 DATE. to 11 WHEREAS, local nonprofit service providers of CDBG eligible services and programs to 12 low and low -moderate income residents of the City of Boynton Beach have submitted grant 13 applications requesting funds to assist in the delivery of their services; and 14 WHEREAS, the Community Development Block Grant Program's purpose is to assist 15 the City of Boynton Beach meet the needs of its lower income residents; and 16 WHEREAS, the agencies that are being funded will offer various forms of assistance 17 that are considered public service and housing rehabilitation activities. 18 WHEREAS, the City Commission has determined that it is in the best interests of the 19 residents of the City to approve and authorize the Mayor to sign sub -recipient agreements for 20 the Community Development Block Grant (CDBG), as adopted in the CDBG FY 2023 One Year 21 Annual Action Plan, R23-098. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 authorize the Mayor to sign sub -recipient agreements for the Community Development Block 29 Grant (CDBG), as adopted in the CDBG FY 2023 One Year Annual Action Plan, R23-098, as 30 follows: 31 32 33 S:ACA\RESO\Agreements\Grants\CDBG - SubRecipient Agreements (2023) - Reso.docx 1 107 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 ATTEST: 59 60 61 Maylee De Jesus, MPA, MMC 62 City Clerk 63 64 65 (Corporate Seal) 66 67 68 69 70 1. Boynton Beach Faith Based Community Development Corp. $ 40,000.00 2. Pathways to Prosperity, Inc. $ 35,000.00 3. Legal Aid Society of Palm Beach County, Inc. $ 7,500.00 4. Boynton Beach Faith Based Community Development Corp. $535,000.00 TOTAL SUB -RECIPIENT FUNDING $617,500.00 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 14th day of September, 2023. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:ACA\RESO\Agreements\Grants\CDBG - SubRecipient Agreements (2023) - Reso.docx 2 108 Community Development Block Grant (CDBG) Subaward Agreement between City of Boynton Beach, Florida and Boynton Beach Faith Based Community Development Corporation, Inc. for a CDBG subaward of an amount not to exceed $535, 000.00 from a federal award issued by U.S. Department of Housing and Urban Development for the specific purpose of Homesteaded Owner -Occupied Limited Rehabilitation for Qualifying Households. SUBAWARD COVERSHEET INTERNAL TABLE — FOR CITY INTERNAL USE ONLY City Contract No.: City Contract No. Resolution R23 — 098 Financial Services Department: Community Improvement Division CDBG Eligible Activity 24 CFR 570.202(a)(1) — Eligible Rehabilitation and Preservation activities — Improvements to Single Family Residential Properties; National Objective 24 CFR Part 570.208 (a)(3) TABLE OF TERMS AND PROVISIONS Article 1: Standard CDBG Form Subaward Agreement................................................................................................. 1 Article2: The Parties...................................................................................................................................................... 1 Article 3: Notice of Federal Subaward............................................................................................................................ 1 Article 4: Term of Agreement and Subaward Period of Performance........................................................................... 3 Article5: Notice.............................................................................................................................................................. 3 Article 6: SUBRECIPIENT's Obligations and Responsibilities....................................................................................... 3 Article 7: Procurement and Subcontracting Standards.................................................................................................. 5 Article8: Property Standards......................................................................................................................................... 7 Article9: Budget............................................................................................................................................................. 7 Article 10: Reimbursement Requests............................................................................................................................. 8 Article11: Payment Terms........................................................................................................................................... 10 Article12: Return of Funds........................................................................................................................................... 11 Article 13: Progress Reporting and Subaward Closeout............................................................................................. 12 Article 14: Maintenance, Retention, and Access to Records....................................................................................... 13 Article15: Monitoring Requirements............................................................................................................................ 15 Article16: Audit Requirements..................................................................................................................................... 15 Article17: Insurance..................................................................................................................................................... 17 Article 18: Indemnification, Sovereign Immunity, and Liability..................................................................................... 19 Article 19: Independent Contractor, Non -Agent SUBRECIPIENT, and Third Parties ................................................. 19 Article20: Confidentiality.............................................................................................................................................. 20 Article21: Remedies for Noncompliance..................................................................................................................... 22 Article22: Termination.................................................................................................................................................. 22 Article 23: General Provisions................................................................................................................................... 255 Article24: Attachments................................................................................................................................................. 27 Article25: Entire Agreement........................................................................................................................................ 27 Community Development Block Subaward Grant Agreement — Coversheet City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page i of ,109 Article 1: Standard CDBG Subaward Form Agreement A. This CDBG Subaward Agreement ("Agreement") is a "Standard CDBG Subaward Form Agreement." Any changes to this standard form shall be noted separately through an amendment to the Agreement which must be separately executed by the parties to this Agreement in order to be binding upon the parties. Article 2: The Parties A. This Agreement is entered into by and between the two parties indicated in the following table: TABLE 1 —THE PARTIES Party #1 Name: City of Boynton Beach (the "City") Entity Type: A Florida Municipal Corporation Principal Address: 100 E. Ocean Avenue Boynton Beach, Florida 33435 Agreement Liaison Name: Dan Dugger, City Manager Email Address: duggerd@bbfl.us Party #2: Name: Boynton Beach Faith Based Community Development Corporation, Inc. a Community Based Development Organization (the "SUBRECIPIENT") Entity Type: 501(c)(3) Not -for -Profit Principal Address: 2191 N Seacrest Blvd. Boynton Beach, FL 33435 Agreement Liaison Name: Keturah Joseph, Executive Director Email Address: kjbbfbcdc@yahoo.com B. The City and the SUBRECIPIENT may unilaterally re -designate their respective agreement liaisons by providing written notice of such change to the other party in accordance with Article 5 ("Notice") of this Agreement. C. Both the City and the SUBRECIPIENT may be individually referred to as "party" or collectively referred to as "parties" in this Agreement. Article 3: Federal Subaward Information A. Subaward Information. The table below provides basic information regarding the underlying subaward pursuant to which this Agreement is being entered. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 30 110 TABLE 2 — SUBAWARD INFORMATION Subaward Project Owner -Occupied Limited Rehabilitation for Qualifying Households Description: Program through a Community Based Development Organization (the "SUBRECIPIENT"). Awarding Agency U.S. Department of Housing and Urban Development (the "Federal Description: Awarding Agency") — Community Development Block Grant (the "Federal "Grantee"). Award") — City of Boynton Beach (the Subaward ID No.: Resolution R23 — 098 Resolution Date: 08/1/2023 B. Federal Subaward Amount. The amount of the underlying subaward is: $535,000.00. C. SUBRECIPIENT Compliance with Federal Subaward. At all times during which the SUBRECIPIENT is performing under this Agreement, the SUBRECIPIENT shall comply with the award terms and conditions of the underlying Federal subaward, as well as with any guidance provided by the Federal Awarding Agency. D. Compliance with the Federal Uniform Guidance. The SUBRECIPIENT shall comply with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the "Uniform Guidance") when meeting its obligations under this Agreement. E. References for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance — or any other applicable federal, state, or local law — that are referenced in this Agreement are referenced for emphasis only. The exclusion of a specific applicable provision of law from this Agreement does not alleviate the SUBRECIPIENT from its obligation to comply with any such applicable provisions. F. By executing this Agreement, the SUBRECIPIENT hereby certifies that it has reviewed 2 CFR Part 200 and any relevant Federal Awarding Agency guidance and that it understands its obligations pursuant to such federal regulations and guidance. G. Federal Subaward Amount. The amount of the Federal Subaward issued pursuant to this Agreement is an amount not to exceed $535,000.00 (the "Subaward"). This Agreement's use of "an amount not to exceed" shall in no way entitle the SUBRECIPIENT to reimbursement or payment of the maximum amount provided unless such reimbursement or payments have been earned by the SUBRECIPIENT in accordance with the terms and provisions of this Agreement. H. Required Information. Any additional information required pursuant to 2 CFR § 200.332 ("Requirements for Pass -Through Entities") may be found in the Required Information for Federal Subawards Schedule attached to this Agreement as "Exhibit A." Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 30 Article 4: Term of Agreement and Subaward Period of Performance A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the "Effective Date") and shall terminate on: 09/30/2024, unless extended or renewed in accordance with the terms of this Agreement. B. Subaward Period of Performance. 1. The "Subaward Period of Performance" is the time during which the SUBRECIPIENT may incur obligations to carry out the work or services authorized under this Agreement. The SUBRECIPIENT may not invoice for any work completed, or services rendered, outside of the Subaward Period of Performance. This provision is required pursuant to 2 CFR § 200.332(a)(1)(v). 2. The Subaward Period of Performance of this Agreement is: UPON EXECUTION to 9/30/2024. Article 5: Notice Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be deemed effective as of date of receipt. TABLE 3 — NOTICE To the City: City of Boynton Beach Attn: Dan Dugger, City Manager City Manager's Office, 4t". Floor 100 E. Ocean Avenue Boynton Beach, Florida 33435 To the SUBRECIPIENT: Boynton Beach Faith Based Community Development Corporation, Inc. Attn: Keturah Joseph, Executive Director 2191 N. Seacrest Blvd. Boynton Beach, Florida 33435 Article 6: SUBRECIPIENT's Obligations and Responsibilities A. Scope of Services. The SUBRECIPIENT shall be responsible for meeting the objectives of this Subaward, as detailed in the "Scope of Services" attached to this Agreement as "Exhibit B", in a manner that is deemed satisfactory by the City and consistent with the standards set forth in this Agreement, the Federal Award, and any directives or guidance issued by the Federal Awarding Agency. 2. The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize funds provided pursuant to this Agreement for any activity or purpose not included in, or in conformance with, the "Scope of Services." Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 3 of 30 112 B. SUBRECIPIENT's Agreement Liaison. The SUBRECIPIENT's agreement liaison identified in TABLE 1 — THE PARTIES, or as re -designated pursuant to Article 2, Paragraph B above, shall be available to communicate and meet with the City's agreement liaison and relevant City staff in order to review the SUBRECIPIENT's performance pursuant to this Agreement. The City reserves the right to, at no additional cost to the City, require that the SUBRECIPIENT change its agreement liaison if the City's agreement liaison believes doing so best serves the performance or objectives of the Subaward, or this Agreement. C. Licenses and Approvals. The SUBRECIPIENT hereby represents and warrants that it has and will continue to maintain all licenses, insurances and approvals required to meet its obligations under the Scope of Services, and that it will at all times conduct its activities in a reputable manner. Proof of such licenses, insurances and approvals shall be submitted to the City within three (3) business days upon request. Failure by the City to request such proof of licensure, insurance and approvals shall in no manner be construed as alleviating the SUBRECIPIENT's obligations pursuant to Paragraph C of this Article, nor shall it be construed as shifting or imposing any liability onto the City. D. Employees of the SUBRECIPIENT. Skillful Provision of Services. All services or work provided pursuant to this Agreement shall be performed by the employees, volunteers, associates, or agents of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) in a professional and skillful manner. 2. Employee Licensure. Any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) whose performance under this Agreement requires licensure shall have such valid and active licensure for the full duration of their performance under this Agreement. 3. Removal of Employees. The City may require the SUBRECIPIENT to remove any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) that the City's agreement liaison — using their sole discretion — deems to be incompetent, careless, or otherwise objectionable from performing work or services related to this Agreement. The City shall not be responsible for any costs related to such removal. 4. E -Verify Use and Registration Certification. Pursuant to Section 448.095, Florida Statutes, the SUBRECIPIENT must certify that it is registered with, and uses, the E -Verify system to verify the work authorization status of all newly hired employees. The SUBRECIPIENT must further certify that it does not employ, contract with, or subcontract with an unauthorized alien, and shall provide an affidavit affirming this prior to the effective date of the contract. These certifications shall be provided by use of the E -Verify Use and Registration Certification found attached to this Agreement as "Form 1 ". Violation of s. 448.095, Florida Statutes, may result in the Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement. E. Non -Discrimination. The SUBRECIPIENT shall, at no time during the provision of services funded through this Agreement, discriminate based on race, color, religion, national origin, sex, or sexual orientation. 2. The SUBRECIPIENT shall comply with any and all federal, state, and local anti -discrimination laws, rules, and regulations. For further information about the federal anti -discrimination requirements for this Agreement, see 2 CFR Part 200, "Uniform Guidance Contract Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 4 of 30 113 Provisions" located at: eCFR :: 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. F. Inherently Religious Activities. When expending the Subaward, the SUBRECIPIENT must adhere to the following conditions: The SUBRECIPIENT must not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of its provision of the services funded in whole or in part by the Subaward; 2. Such inherently religious activities must be offered separately, in time or location, from the Subaward-funded services; and 3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries of the Subaward-funded services; therefore, the SUBRECIPIENT shall not implicitly or explicitly condition receipt of any services funded in whole or part by the Subaward on participation in any inherently religious activities. G. Public Entity Crimes and Scrutinized Companies. By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this Agreement as "Form 2," the SUBRECIPIENT must certify that: a. The SUBRECIPIENT does not meet the definition of "Scrutinized Company" pursuant to Section 215.473, Florida Statutes; and b. The SUBRECIPIENT — or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the SUBRECIPIENT or an affiliate of the SUBRECIPIENT — has not been convicted of a public entity crime pursuant to Section 287.133(3), Florida Statutes. 2. The City reserves the right of Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement should the SUBRECIPIENT: a. Be found to have falsified its certification in "Form 2"; or b. Become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to either Section 287.133, Florida Statutes ("Public Entity Crime; Denial or Revocation of the Right to Transact Business with Public Entities") or Section 287.135, Florida Statutes ("Prohibition Against Contracting with Scrutinized Companies") subsequent to entering into this Agreement with the City. Article 7: Procurement and Subcontracting Standards A. Procurement. The SUBRECIPIENT must comply with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and must use such procedures when expending the Subaward where SUBRECIPIENT is conducting its own procurement to satisfy the objectives of this Subaward, as detailed in the "Scope of Services", attached as "Exhibit B". Does the SUBRECIPIENT maintain written purchasing procedures in compliance with the aforementioned federal Procurement Standards? "Yes" or "No": Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 5 of 30 114 If "Yes," then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it maintains written purchasing procedures in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and will use such procedures when expending the Subaward. If "No," then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it does not maintain written purchasing procedures that are in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards"). As such, the SUBRECIPIENT hereby agrees to develop and use written purchasing procedures in compliance with the Procurement Standards for expending the Subaward OR agrees to use the City's Purchasing Policy Manual. The City's Purchasing Policy Manual can be obtained by contacting the City's Purchasing Manager at 561-742-6322 or PintoK@bbfl.us B. Simplified Acquisition Threshold. The "Simplified Acquisition Threshold" means the dollar amount below which a non -Federal entity may purchase property or services using small purchase methods. For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00. The Simplified Acquisition Threshold provided for in this Agreement is the one that the SUBRECIPIENT — and any of its sub-SUBRECIPIENTs — must use when making its expenditures of the Subaward. If SUBRECIPIENT is utilizing the City's purchasing procedures, SUBRECIPIENT must use the City's more restrictive (lower) simplified acquisition threshold. C. Subcontracting. 1. Federally Required Contract Provisions and Award Terms and Conditions. The SUBRECIPIENT shall insert the relevant contract provisions and certification documents identified in Appendix II of 2 CFR Part 200 ("Contract Provisions for Non -Federal Entity Contracts Under Federal Awards") applicable award terms into all contracts into which it enters while expending the Subaward. 2. Small and Minority Business Enterprises ("MBE"), Women Business Enterprises ("WBE"), and Labor Surplus Area Firms. The SUBRECIPIENT must execute the Small and Minority Business Enterprise ("MBE'), Women Business Enterprise ("WBE'), and Labor Surplus Area Firm Certification attached as "Form 3" stating that the SUBRECIPIENT shall take the "Five Affirmative Steps" regarding Small and Minority Business Enterprise, Women Business Enterprises, and Labor Surplus Area Firms in the solicitation and selection of subcontractor(s) or procurements as required by the Federal Government in 2 CFR § 200.321. 3. Engaging in subcontracting, pursuant to this Agreement without complying with the requirements of this article is strictly prohibited. D. Sub-Subawards. Approval by the City. The SUBRECIPIENT shall not issue sub-subawards to any non - Federal entity without first receiving approval from the City. 2. Pass -Through Requirements. a. The SUBRECIPIENT must pass through all obligations of the Federal Award and any placed upon the SUBRECIPIENT under this Agreement to any of its sub- SUBRECIPIENTs through a federally -compliant SUBRECIPIENT agreement. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 6 of 30 115 b. The SUBRECIPIENT must comply with all provisions of 2 CFR § 200.332 ("Requirements for Pass -Through Entities") and any other applicable provisions of the Uniform Guidance when issuing a subaward to a sub-SUBRECIPIENT. E. SUBRECIPIENT/Contractor Determinations. Prior to entering into an agreement with a third -party entity that is in part or in whole funded by the Subaward, the SUBRECIPIENT shall analyze the nature of such agreement pursuant to the provisions of 2 CFR § 200.331 ("SUBRECIPIENT Subcontractor Determinations") to determine which type of relationship and requirements apply. Article 8: Property Standards A. By executing this Agreement, the SUBRECIPIENT hereby certifies that it shall comply with 2 CFR §§ 200.310-200.316 ("Property Standards") and will use such procedures when handling and managing any supplies, equipment, real estate, or other property procured with any portion of the Subaward. B. The SUBRECIPIENT shall maintain inventory records of all supplies, equipment, real estate, and other property procured with the Subaward and may not to sell, transfer, encumber, or otherwise dispose of any such property without the written permission of the City, in which case the procedure in 2 CFR §§ 200.311 shall be adhered to. Article 9: Bud A. Approved Budget. The City -approved Budget for the Subaward is attached to this Agreement as "Exhibit C" and shall be the basis for which the City provides payment to the SUBRECIPIENT. B. Budget Amendments. In General. Requests to amend the Budget contemplated in this Agreement: a. Must be received by the City no later than forty-five (45) days prior to the expiration of this Agreement's term; b. Shall be made prior to the SUBRECIPIENT incurring any expenses that are not expressly provided for in the Budget; and C. Shall be considered and approved at the sole discretion of the City. 2. Informal Budget Amendments. The City's Agreement Liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B, may, in writing, informally approve the following types of Budget amendments: a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then the City's agreement liaison may, in writing, informally approve requested amendments to the Budget that: (1) Do not increase the maximum Subaward amount; and (2) Are deemed by the City's Agreement Liaison as being consistent with the "Scope of Services" attached as "Exhibit B". b. Non -Discretionary Federal Awards. If the Federal Awarding Agency approved the Budget contemplated in this Agreement, then the City's Agreement Liaison may, in writing, informally approve amendments to the Budget only upon receipt of written Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 7 of 30 116 approval of such amendments by the Federal Awarding Agency. 3. Formal Budget Amendments. Budget amendments that do not meet either requirement of Paragraph B of this Article may not be informally amended by the City's Agreement Liaison and, instead, must be made by formal written amendment mutually executed by both parties to this Agreement. C. Program Income. 2 CFR § 200.1 ("Definitions"), defines "Program Income" as gross income earned by the SUBRECIPIENT that is directly generated by a supported activity or earned as a result of the Subaward during the Subaward Period of Performance. Program Income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under the Subaward, the sale of commodities or items fabricated under the Subaward, license fees and royalties on patents and copyrights, and principal and interest on loans made with Subaward Funds. Interest earned on advances of the Subaward is not program income. Except as otherwise provided, Program Income does not include rebates, credits, discounts, and interest earned on any of those items. 2. In the event that the SUBRECIPIENT generates Program Income, unless otherwise directed by the City, in compliance with 2 CFR § 200.307(e)(1) ("Program Income"), the SUBRECIPIENT shall: a. Calculate, document, and record such Program Income and its intended use or uses; b. Report such Program Income to the City as part of the required Progress Report, pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant to Article 13, Paragraph C.; C. Add the Program Income to the Subaward and use for continued activities related to the purposes and conditions of this Subaward. Article 10: Reimbursement Requests A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual funding -eligible costs as permitted by this Agreement. In order to obtain payment, the SUBRECIPIENT shall make funding -eligible expenditures and thereafter submit a "Reimbursement Request(s)" to the City for such expenditures pursuant to the terms found in this Article. B. Form of Reimbursement Requests. All Reimbursement Requests shall clearly indicate the budget category from which each request is drawing. C. Minimum Standards for Reimbursement Requests. At minimum, all Reimbursement Requests submitted by the SUBRECIPIENT must: Include enough detail so that the City is able to confirm that the SUBRECIPIENT has only requested reimbursement of funding -eligible expenses that were incurred by the SUBRECIPIENT in compliance with the terms of this Agreement. 2. Includes a dated cover letter of the SUBRECIPIENT's organization, with a description defining Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 8 of 30 117 the period of performance dates which it is has incurred eligible expenses that is now being requested for reimbursement. 3. If the Budget attached as "Exhibit C" has line -items orfunding categories, indicate which line - item or funding category under which each funding -eligible cost is being requested for reimbursement. 4. Pursuant to 2 CFR § 200.415(a) ("Required Certifications"), include the following federally required attestation executed by an individual that is able to legally authorized to do so by the SUBRECIPIENT: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal Award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." 5. By executing this Agreement, the SUBRECIPIENT hereby affirms that it understands that the above are minimum standards for invoices only and are not meant to represent an exhaustive list of what the City's Agreement Liaison may request or require in order to consider a Reimbursement Request complete or to approve such request for reimbursement. D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the "Scope of Services" and "Budget" attached to this Agreement as "Exhibit B" and "Exhibit C", which hereby supersedes the frequency and due date for Reimbursement Requests noted in this provision, invoices are due as followed: General Reimbursement Requests. The period for submission of General Reimbursement Requests shall be quarterly with such invoices due to the City by the 15th of the month subsequent to the provision of services for which the City is being invoiced (January 15, 2024, April 15, 2024, July 15, 2024, and October 15, 2024). 2. Initial Reimbursement Request. If the Subaward Period of Performance began on a date prior to the execution of this Agreement, the SUBRECIPIENT shall submit an Initial Reimbursement Request that covers all funding -eligible expenses for the period of time beginning on the first day of the Subaward Period of Performance (for this Agreement: UPON EXECUTION) and ending on the date of execution of this Agreement. This Initial Reimbursement Request shall be submitted no later than the date that the first General Reimbursement Request is due to the City. 3. Final Invoices. Final Invoices shall be due to the City no later than fifteen (15) calendar days after the expiration or termination of this Agreement or last date of eligible expenditures by the SUBRECIPIENT, whichever the earlier of the dates. 4. Performance Period with No Expenses. In periods where eligible expenses have not been incurred by the SUBRECIPIENT, the SUBRECIPIENT is not required to submit a General or Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 9 of 30 118 Initial Reimbursement Request for zero dollars. However, the SUBRECIPIENT may still be required to submit a Progress Report over this same period in accordance with Article 13. E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to withhold or deny payment on any Reimbursement Request if such request: Is incomplete or fails to provide the requisite supporting documentation; 2. Fails to be provided in a timely fashion as determined by the terms of this Agreement; or 3. Indicates expenditures that are not compliant with this Agreement, the Federal Award, or any directives issued by the Federal Awarding Agency. Article 11: Payment Terms A. Local Government Prompt Payment Act. The City shall make payments to the SUBRECIPIENT on a reimbursement basis for work performed, or services provided, pursuant to this Agreement, in accordance with the Local Government Prompt Payment Act, Section 218.70 et. Seq, Florida Statutes. B. Federal Funding Availability. The City is only responsible for payments to the SUBRECIPIENT for which the City is provided funding by the Federal Awarding Agency. If the Federal Awarding Agency determines that a specific cost or expense requested by the SUBRECIPIENT is not permitted to be reimbursed under the terms and conditions of the Federal Award, the City shall not be responsible for making payment to the SUBRECIPIENT for that specific requested cost or expense. Should the Federal Awarding Agency withhold or deny funding to the City for any reason, the City may subsequently withhold or deny funding to the SUBRECIPIENT. C. Payment Limitations. The City shall not make payments for, or in any way be responsible for, payment to the SUBRECIPIENT for any of the following: Any goods or services provided that do not fall within the "Scope of Services" attached as "Exhibit B"; 2. Any goods or services that fall within the attached "Scope of Services", but that such payment can be made through a third -party program or insurance provider. D. Prohibition on Duplicative Funding. The SUBRECIPIENT may not accept duplicate funding for any cost, position, service, or deliverable funded by the Federal Award. Duplicative funding is defined as more than one -hundred percent (100%) payment from all funding sources for any cost, position, service, or deliverable. If duplicate funding is discovered, this Agreement may be suspended while the extent of the overpayment is determined, or may be terminated. Such suspension or termination may be initiated at the sole discretion of the City. E. Costs in Excess of Award. Any costs or expenses incurred by the SUBRECIPIENT that exceed the overall Subaward amount set forth in this Agreement, or which are were incurred by the SUBRECIPIENT outside of the Subaward Period of Performance, shall be the sole responsibility of the SUBRECIPIENT. F. At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or any non -Federal Award monies to make payment to the SUBRECIPIENT for any costs or expenses incurred by the SUBRECIPIENT pursuant or related to this Agreement or the Federal Award. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 10 of 30 119 Article 12: Return of Funds A. Unauthorized Expenditures. The SUBRECIPIENT shall reimburse the City for all unauthorized or funding -ineligible expenditures. B. Payment(s) in Error. The SUBRECIPIENT shall return to the City any payments made to the SUBRECIPIENT that were made in error or were in any manner fraudulent or inconsistent with the "Scope of Services" attached as "Exhibit B" or the Federal Award ("Payment(s) in Error"). In the event that the SUBRECIPIENT, or any outside accountant or auditor, determines that a Payment in Error was made, the SUBRECIPIENT shall return to the City any associated funds no later than ten (10) business days from when the SUBRECIPIENT became aware of such Payment in Error. 2. In the event that the City discovers a Payment in Error, the City shall notify the SUBRECIPIENT and the SUBRECIPIENT shall return any associated funds to the City no later than ten (10) business days from the SUBRECIPIENT's receipt of such notice. C. Federal DisalIowan ce(s). If the Federal Government demands reimbursement from the City due to a disallowance or finding that an expense or cost for which the City provided Subaward funding to the SUBRECIPIENT was in any way improper or not in compliance with the Federal Award, the SUBRECIPIENT shall return any associated funds to the City within a reasonable time period as mutually agreed upon by the City and the SUBRECIPIENT, or within six (6) months, whichever is the later of the dates. D. Delay or Failure to Return Funds. Should the SUBRECIPIENT fail to reimburse the City for any Payment in Error or Federal Disallowance within the time designated, the City may respond with any number of the following actions: Charge an interest rate as determined by the State of Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance thereof. Interest shall accrue from the date of the SUBRECIPIENT's initial receipt of overpayment funds up to the date of reimbursement of said overpayment funds to the City; 2. Withhold any or all future payments until the amount of such overpayment has been recovered by the City; 3. Terminate this Agreement; 4. Bar the SUBRECIPIENT from being considered when issuing future Federal Subawards or other City agreements; and 5. Pursue any other remedies permitted by law. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 11 of 30 120 Article 13: Progress Reporting and Subaward Closeout A. Progress Reporting Form of Progress Reports. "Progress Report(s)" shall be delivered to the City on a form approved by the City's agreement liaison noted in TABLE 1 — THE PARTIES, or as later re- designated pursuant to Article 2, Paragraph B. 2. Minimum Standards for Progress Reports. At minimum, such Progress Reports must detail the outputs, outcomes, and progress the SUBRECIPIENT has made in accomplishing the objectives of the "Scope of Services" attached as "Exhibit B." Further, in the event any Program Income has been earned over the period, SUBRECIPIENT will report on the Program Income earned and expended to include whether it was related to the purposes and conditions of this Subaward. The City reserves the right to reasonably and unilaterally revise such approved form and request any additional supporting documentation from the SUBRECIPIENT as it deems necessary to meet its federal reporting requirements and monitoring obligations. 3. Progress Report Frequency and Due Dates. Unless otherwise stated in the "Scope of Services", which hereby overwrites the frequency and due date of Progress Reports noted in this provision if there is a conflict between the two, Progress Reports shall be submitted on a quarterly basis and are due by the 15th of the month subsequent to the provision of services of which the SUBRECIPIENT is reporting (January 15, 2024, April 15, 2024, July 15, 2024, and October 15, 2024). 4. Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the required Progress Reports in accordance with this Article may necessitate the City's withholding of payment on any subsequent Reimbursement Requests and shall be considered cause for termination by the City pursuant to the terms of termination in this Agreement. B. Annual Reporting Information. SUBRECIPIENT shall, upon request by the City's Agreement Liaison or designee, make available SUBRECIPIENT data and other information related to the "Scope of Services". This information will assist the City in its annual reporting obligation to the Federal Awarding Agency by September 30 of each year and will also be published on the City's Consolidated Annual Performance and Evaluation Report (CAPER). Information requested will be related to overall performance, program outcomes and impacts, and program approaches related to promoting equitable outcomes in the delivery of services. C. Subaward Closeout. All financial, performance, and other reports as required by the terms of this Subaward must be submitted to the City no later than (15) days after the end date of the Subaward Period of Performance. 2. Any earned and expended Program Income generated as a result of this Subaward must be calculated and documented with justification on its uses related to the purposes and conditions of the Subaward to the City no later than (15) days after the end date of the Subaward Period of Performance. 3. The closeout of the Federal Award, or this Subaward, does not affect any of the following: Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 12 of 30 121 The right of the Federal Awarding Agency or the City to disallow costs and recover funds on the basis of a later audit or other review. The Federal Awarding Agency or City must make any cost disallowance determination and notify the SUBRECIPIENT within the record retention period. b. The requirement for the SUBRECIPIENT to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. C. The ability of the Federal Awarding Agency to make financial adjustments to a previously closed award such as resolving indirect cost payments and making final payments. Audit requirements in 2 CFR Part 200, Subpart F. e. Property management and disposition requirements in §§ 200.310 through 200.316 of 2 CFR Part 200. Records retention as required in §§ 200.334 through 200.337 of 2 CFR Part 200. 4. After closeout of the Federal Award, or this Subaward, a relationship created under the Federal Award, or this Subaward, may be modified or ended in whole or in part with the consent of the Federal Awarding Agency or the City and the SUBRECIPIENT, provided the responsibilities of the SUBRECIPIENT, including those for property management as applicable, are considered and provisions made for continuing responsibilities of the SUBRECIPIENT, as appropriate. Article 14: Maintenance, Retention, and Access to Records A. The SUBRECIPIENT, and its subcontractors (if any) that are providing services or otherwise performing pursuant to this Agreement shall abide by the requirements of this Article. The SUBRECIPIENT shall establish and utilize generally accepted accounting principles in the maintenance of all records relating to this Agreement. Such practices shall comply with the general acceptable accounting principles and shall fully and accurately reflect, track, and document the SUBRECIPIENT's financial activities. 2. The SUBRECIPIENT shall establish and maintain separate accounting records for the SUBRECIPIENT's activities in meeting its obligations pursuant to this Agreement with sufficient documentation to identify the associated expenditures (e.g. detailed invoices, cancelled checks, payroll journals, bank statement reconciliations, etc.) and establish that such expenditures are allowable, necessary, and reasonable under this Agreement, the Federal Award, and any directives issued by the Federal Awarding Agency. 3. The SUBRECIPIENT shall furnish the City with any and all data needed for the purpose of monitoring, evaluation, auditing, and quality assurance. This data shall include information on the services provided or work performed, and any other data that may be required by the City, in its sole discretion, to adequately evaluate the SUBRECIPIENT's performance under this Agreement. 4. All records that were created, utilized, or maintained for the purpose of fulfilment of the SUBRECIPIENT's obligations pursuant to this Agreement, whether paper or electronic ("Relevant Records"), shall be retained by the respective record holder for a period of five (5) Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 13 of 30 122 years after termination of this Agreement, including any extensions or renewals of this Agreement. 5. In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a period of five (5) years after the resolution of any such event. 6. The SUBRECIPIENT shall permit the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives to access, review, or reproduce any and all Relevant Records. 7. If the "Scope of Services" in "Exhibit B" is site-specific, or construction -related, access to the stated construction or work site shall be provided to the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives. 8. The SUBRECIPIENT shall ensure that the provisions of this Article are incorporated into any agreements into which it enters that are related to this Agreement and the Federal Award. B. Public Records. Pursuant to Section 119.0701, Florida Statutes, the SUBRECIPIENT shall: a. Keep and maintain public records required by the City to perform the service. b. Upon request from the City, 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 amount set by the City. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement's term and following completion of this Agreement if the SUBRECIPIENT does not transfer the records to the City. d. Upon completion, or termination, of this Agreement, transfer, at no cost, to the City all public records in possession of the SUBRECIPIENT or keep and maintain public records required by the SUBRECIPIENT to perform the service in accordance with Florida law. e. If the SUBRECIPIENT transfers all public records to the City upon completion of the Agreement, the SUBRECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SUBRECIPIENT keeps and maintains public records upon completion of this Agreement, the SUBRECIPIENT shall meet all applicable requirements for retaining public records in accordance with applicable federal and Florida law. All records stored electronically shall be provided to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 14 of 30 123 IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE SUBRECIPIENT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 310 BOYNTON BEACH, FL 33435 Phone: 561-742-6061 Email: CITYCLERK@BBFL.US 2. Florida Agencies. If the SUBRECIPIENT is an "Agency" as defined by Section 119.011, Florida Statutes, then the SUBRECIPIENT shall comply with its own obligations under Chapter 119, Florida Statutes. The SUBRECIPIENT additionally agrees to cooperate in good faith with the City in the handling of public records created under this Agreement. Notwithstanding anything set forth in any provision of this Agreement to the contrary, the SUBRECIPIENT will not be required to destroy any records in its custody in violation of Chapter 119, Florida Statutes. Article 15: Monitoring Requirements A. Monitoring. The SUBRECIPIENT shall permit the City, the Clerk, or the designees of either such government agency, to periodically monitor the SUBRECIPIENT's performance and programmatic and financial activities, pursuant to the requirements found in 2 CFR § 200.332 ("Requirements for Pass -Through Entities") and any other relevant federal laws, regulations, or guidance. B. Letter of Findings. If the City, the Clerk, or the designee of either such government agency, discovers any defect in the SUBRECIPIENT's performance under this Agreement (whether programmatic, financial, etc.), then a "Letter of Findings" may be provided to the SUBRECIPIENT. 2. The SUBRECIPIENT shall respond to any such Letter of Findings with a Corrective Action Plan and Implementation Schedule, as instructed by the City, the Clerk, or the designee of either such government agency, within thirty (30) calendar days of the date of the Letter of Findings. Failure to submit a Corrective Action Plan and Implementation Schedule shall constitute a material breach and may result in termination of this Agreement. 3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such government agency, to first issue such a "Letter of Findings" to the SUBRECIPIENT prior to the City being permitted to exercise any of its rights in equity, at law, or as otherwise granted through this Agreement, including but not limited to the right to terminate this Agreement. Article 16: Audit Requirements A. Auditing. The SUBRECIPIENT shall comply with the federal auditing requirements found in 2 CFR Subpart F ("Audit Requirements"). B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized designees shall have the right to audit SUBRECIPIENT's: Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 15 of 30 124 Disbursement of the Subaward; 2. Service or program delivery; and 3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the Federal Award. C. Mandatory Audit, Certification, and Audited Financial Statement. In determining the federal award amounts expended during its fiscal year, the SUBRECIPIENT shall consider all sources of federal awards including federal resources received from the State or other agencies. If the SUBRECIPIENT expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, the SUBRECIPIENT must have a single audit completed and conducted in accordance with 2 CFR § 200.514 ("Scope of Audit"), unless the SUBRECIPIENT elects to have a program -specific audit in accordance with 2 CFR § 200.501(c) ("Audit Requirements"). 2. If the SUBRECIPIENT expends less than seven hundred fifty thousand dollars ($750,000) in federal awards during the fiscal year, the SUBRECIPIENT shall: a. Provide an annual certification to the City that a single audit was not required; and b. Annually submit an Audited Financial Statement to the City. 3. If the SUBRECIPIENT is mandated to have an audit performed due to its expenditure of seven hundred fifty thousand dollars ($750,000) or more in federal awards within one fiscal year, that audit must be completed no later than one -hundred and eighty (180) calendar days after the close of the SUBRECIPIENT's fiscal year. D. Submission of Audits and Audited Financial Statements. The SUBRECIPIENT shall submit to the City any and all auditor's report received by the SUBRECIPIENT related to its obligations under this Agreement within ten (10) business days of receipt. 2. A copy of the Single Audit Reporting Package, including the associated management letter, which was conducted in accordance with 2 CFR § 200.512 ("Report Submission"), or the applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice provision in this Agreement, with a copy provided to the City at the following: City of Boynton Beach Department of Financial Services Attn: Community Improvement Division 100 E Ocean Avenue Boynton Beach, FL 33435 E. The Federal Audit Clearinghouse. Audits must be submitted to the Federal Audit Clearinghouse either thirty (30) calendar days after receipt of the auditor's report, or nine (9) months after the end of the entity's fiscal year end date. Such audits shall be submitted electronically via the following website: https:Hharvester.census.gov/facweb/. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 16 of 30 125 F. Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement and may result in the withholding or denial of any requests for payment or reimbursement to the SUBRECIPIENT. Article 17: Insurance A. The SUBRECIPIENT agrees to, on a primary basis and at its sole expense, at all times throughout the duration of this Agreement maintain the following types of insurance coverage with limits and on forms (including endorsements) as described in this Article. These requirements, as well as the City's review or acceptance of insurance maintained by the SUBRECIPIENT is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the SUBRECIPIENT under this Agreement. B. The SUBRECIPIENT shall require and ensure that each of its sub-contractors/consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified in this Article and "Attachment V (Insurance Advisory Form). C. The SUBRECIPIENT shall have in full force the following insurance coverage, and will provide Certificates of Insurance to the SUBRECIPIENT priorto commencing operations underthis Agreement to verify such coverage during the duration of this Agreement: All SUBRECIPIENTs: Commercial General Liability — The SUBRECIPIENT shall maintain coverage issued on the most recent version of the Insurance Services Office (ISO) form as filed for use in Florida or its equivalent, with a limit of liability of not less than one million dollars ($1,000,000) per occurrence, general aggregate, products completed/operations aggregate, and personal advertising Injury; and, all other insurance coverage reasonably required by the City. SUBRECIPIENT further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insured. Additional Insured—Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The coverage shall contain no limitations on the scope of protection afforded the City, its officers, officials, employees or volunteers. The certificate holder and additional insured shall be listed in the name of the City of Boynton Beach, Florida. 2. SUBRECIPIENTS Providing Services at City Facilities: Workers' Compensation — The SUBRECIPIENT shall maintain coverage for its employees with statutory workers' compensation limits and no less than one million dollars ($1,000,000) for each incident of bodily injury or disease for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City if services are being provided at City facilities. Business Automobile Liability— The SUBRECIPIENT shall maintain coverage for all owned; non -owned and hired vehicles issued on the most recent version of ISO form as filed for use in Florida or its equivalent, with limits of not less than one million dollars ($1,000,000) per accident. In the event the SUBRECIPIENT does not own automobiles, the SUBRECIPIENT shall maintain coverage for hired and non -owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 17 of 30 126 3. SUBRECIPIENTs Providing Services to Vulnerable Populations: Sexual Abuse and Molestation Coverage with limits of not less than one hundred thousand dollars ($100,000) per occurrence shall also be included for those programs that provide services directly to Vulnerable Person(s). "Vulnerable Person(s)" are minors as defined in Section 1.01 (13), Florida Statutes, or vulnerable adults as defined in Section 415.102, Florida Statutes. 4. SUBRECIPIENTs Providing Services that are of a Professional Nature: Professional Liability with a limit of not less than one million dollars ($1,000,000) perwrongful act or claim. For policies written on a claims -made basis, the SUBRECIPIENT agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement. In the event the policy is cancelled, non -renewed, switched to occurrence form or any other event that triggers the right to purchase a Supplemental Extended Reporting Period ("SERP") during the life of this Agreement the SUBRECIPIENT agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the SUBRECIPIENT of the obligation to provide replacement coverage. D. Insurance carriers providing coverage required in this "Insurance" subsection must be authorized or eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial Strength Rating of A -Class VIII. E. Any request for an exception to these insurance requirements must be submitted in writing to the City for approval. F. The SUBRECIPIENT shall provide to the City current certificates of insurance evidencing all required coverage prior to execution and commencement of any operations/services provided under this Agreement. In addition to the certificate(s) of insurance the SUBRECIPIENT shall also provide copies of any applicable endorsements as required above. G. For continuing service contracts, renewal certificates shall be submitted upon request by either the City or its certificate management representative. The certificates shall clearly indicate that the SUBRECIPIENT has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) calendar days prior written notice to the City. Certificates shall specifically reference the respective Agreement number. The certificate holder shall read: City of Boynton Beach, Florida Attention: Risk Management Department 100 E. Ocean Avenue Boynton Beach, FL 33435 H. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes): Paragraphs A — G of this Article are not applicable. However, such paragraphs do apply to any of the SUBRECIPIENT's subcontractors that are not agencies or political subdivisions of the State of Florida and must be included by the SUBRECIPIENT in any such subcontracts. 2. Without waiving its right to sovereign immunity as provided in Section 768.28, Florida Statutes, the SUBRECIPIENT may self -insure its liability with coverage limits of one million Dollars Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 18 of 30 127 ($1,000,000) per occurrence or such other limited sovereign immunity as set forth by the Florida legislature. A statement of self-insurance shall be provided to the City's Risk Management Department at the address in Paragraph G of this Article. Article 18: Indemnification, Sovereign Immunity, and Liability A. Indemnification. The SUBRECIPIENT agrees to defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the SUBRECIPIENT, its officers, directors, employees, and/or agents relating to the SUBRECIPIENT's performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. B. Sovereign Immunity. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of the City's sovereign immunity provisions or protections pursuant to Section 768.28, Florida Statutes. 2. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph B.1. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. C. Liability. Unless otherwise explicitly stated in this Agreement, in no event shall either party be responsible to the other for any indirect damages, incidental damages, consequential damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty, or a breach of term of this Agreement. 2. Without waiving any of the provisions or protections under this Agreement or pursuant to Florida law, under no circumstances shall the City be liable to the SUBRECIPIENT under any contract, negligence, strict liability, or other legal or equitable theory for any amounts in excess of those limits per claim and per occurrence set forth for tort liability in Section 768.28 of the Florida Statutes, which limits are hereby made applicable to all manner of claims against the City related to this Agreement and are not confined to tort liability. D. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph C.2. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. Article 19: Independent Contractor, Non -Agent SUBRECIPIENT, and Third Parties A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is intended to, or should be construed as, creating or establishing the relationship of copartners between the parties, or as constituting the SUBRECIPIENT as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The SUBRECIPIENT is to be, and shall remain, an independent contractor with respect to all services performed under this Agreement, and that any individuals hired, or performing services or work, pursuant to this Agreement shall be considered to Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 19 of 30 128 be the employee of the SUBRECIPIENT for all purposes, including but not limited to for any worker's compensation matters. B. Non -Agent SUBRECIPIENT. The Boynton Beach City Commission has not delegated to any City officer or employee the authority to appoint any agent on the City's behalf regarding the subject matter of this Agreement. Accordingly, nothing in this Agreement is intended to, or shall be construed as to, appoint the SUBRECIPIENT as an agent of the City. Additionally, no review or approval of the SUBRECIPIENT's services, requests for reimbursement, reports, or records by the City may be construed as the City appointing the SUBRECIPIENT as an agent of the City. C. No Third -Party Claims. Nothing in this Agreement, express or implied, shall confer to a third -party — or be construed as conferring to a third -party in any way — any legal or equitable right, benefit, claim, or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal Government, the City, and the employees and/or contractors of each of the foregoing governments, shall be held harmless from liability to any third parties for claims asserted under this agreement. Article 20: Confidentiality A. Confidentiality. The parties hereby agree to maintain any confidential information transmitted by the other party over the course of this Agreement confidential to the extent that such confidentiality is lawfully permitted pursuant to Florida or Federal law. 2. The SUBRECIPIENT shall limit disclosure of its Confidential Information to the minimum necessary to properly perform under this Agreement. The SUBRECIPIENT understands that the City is subject to Florida Public Records laws and that information that SUBRECIPIENT may consider Confidential Information may be subject to disclosure absent a statutory exemption. In the event a public records request is made for Confidential Information of SUBRECIPIENT, the SUBRECIPIENT shall be responsible for defending its assertion that such records are subject to an exemption from disclosure and shall indemnify the City from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of a public records request for SUBRECIPIENT's Confidential Information where SUBRECIPIENT asserts an exemption to disclosure B. Health Insurance Portability and Accountability Act ("HIPAA") Generally. If the SUBRECIPIENT meets the definition of "Covered Entity," as defined in 45 CFR § 160.103, or a "Hybrid Entity," as defined in 45 CRF § 164.103, then: a. Before providing any services funded, in whole or in part, through this Agreement that may cause the SUBRECIPIENT to generate Protected Health Information ("PHI") as defined in 45 CFR § 160.103, the SUBRECIPIENT must first obtain legally sufficient medical release authorizations from each individual receiving such services. b. Such required medical release authorizations may be limited in scope; however, they must at least permit the disclosure of any PHI that is in any way related to the Subaward-funded services that individual(s) receive to the City for reporting, monitoring, and auditing purposes. C. The City hereby reserves the right to deny payment for any costs the SUBRECIPIENT incurs in its provision of otherwise funding -eligible services to any individual(s) for Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 20 of 30 129 A whom it does not have a valid and current medical release authorization as required by this provision. Additionally, the SUBRECIPIENT must require any of its subcontractors for which this provision is applicable to secure such requisite medical release authorizations as well. 2. Business Associate Agreements. Should the SUBRECIPIENT's provision of services under this Agreement require access to PHI generated by the City, then the SUBRECIPIENT must execute a Business Associate Agreement that complies with the standards found in 45 CFR § 164.504(e). Florida Information Protection Act ("FIPA") Pursuant to Section 501.171(g)1., Florida Statutes, "Personal Information" means either of the following: An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: (1) A social security number; (2) A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; (3) A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; (4) Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or (5) An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. b. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. 2. If, pursuant to this Agreement, the SUBRECIPIENT is maintaining, storing, or processing personal information on behalf of the City, the SUBRECIPIENT is the City's "Third -Party Agent" under FIPA and hereby agrees to comply with all obligations for such "Third -Party Agents" as detailed in Section 501.171, Florida Statutes. These obligations include, but are not limited to: a. Taking reasonable measures to protect and secure data in electronic form containing personal information; and b. Providing notice to the City in the event of a breach of security of the SUBRECIPIENT's system as expeditiously as practicable, but no later than ten (10) calendar days following the determination of the breach of security or reason to believe the breach occurred. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 21 of 30 130 3. The SUBRECIPIENT shall be responsible and liable for all costs associated with any required notices, fines, or fees assessed against the City for any breach of Personal Information that is the fault of the SUBRECIPIENT. Article 21: Remedies for Noncompliance A. Remedies for Noncompliance. Pursuant to 2 CFR § 200.339 ("Remedies for Noncompliance"), if the SUBRECIPIENT fails to comply with the U.S. Constitution, federal statutes, regulations, or the terms and conditions of a Federal Award or any additional conditions that the Federal Awarding Agency or City may impose, and the Federal Awarding Agency or City determine that such noncompliance cannot be remedied by imposing additional conditions, the Federal Awarding Agency or City may take one or more of the following actions, as appropriate in the circumstances: Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT or more severe enforcement action by the Federal Awarding Agency or City; 2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate this Agreement; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated at the recommendation of the City; 5. Withhold further Federal Awards for the project or program; or 6. Take other remedies that may be legally available. Article 22: Termination A. Termination for Convenience by the City. Pursuant to 2 CFR Part 200, Appendix II, Paragraph B, contracts made pursuant to a Federal Award must address termination for convenience by the City including the manner by which it will be affected and the basis for settlement. As such, the City may terminate this Agreement for convenience by providing a written thirty (30) calendar day notice to the SUBRECIPIENT. B. Termination by the SUBRECIPIENT. Pursuant to 2 CFR § 200.340(a)(4), the SUBRECIPIENT may terminate this Agreement upon sending the City written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward was made, the City may terminate the Subaward in its entirety. Additionally, a SUBRECIPIENT's failure to complete performance on a Subaward in the manner initially agreed upon may compromise the SUBRECIPIENT's ability to receive subawards, other grants, or any other contract opportunities from the City in the future. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 22 of 30 131 C. Termination for Cause. Immediate Termination. a. The City reserves the right of "Immediate Termination" of this Agreement, with such termination to be effectuated as of the SUBRECIPIENT's receipt of written notice which may be hand -delivered or transmitted by electronic mail to the SUBRECIPIENT's Agreement Liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B. Notwithstanding the foregoing, the City, as a courtesy, may additionally provide the SUBRECIPIENT with such notice in the manner provided in Article 5 ("Notice") of this Agreement. b. Immediate Termination pursuant to this provision shall be permitted for any number of the following reasons: (1) The Federal Awarding Agency terminates the Federal Award; (2) Any circumstance under which the City is no longer receiving Federal Award funds to reimburse the SUBRECIPIENT occurs; (3) The amount invoiced by the SUBRECIPIENT meets or exceeds the amount of the Subaward provided for in this Agreement; (4) The SUBRECIPIENT files bankruptcy or otherwise becomes insolvent; (5) The SUBRECIPIENT is determined to be ineligible to do business in the State of Florida; (6) If the SUBRECIPIENT is a non-profit agency, loss of the SUBRECIPIENT's non-profit status; or (7) As otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. The City may terminate this Agreement for cause upon providing a written fourteen (14) calendar day breach of contract and termination notice. Such termination for cause may be for any material breach of this Agreement, or if the City, using its sole discretion, determines that the SUBRECIPIENT is unable to perform under this Agreement. 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or accept the SUBRECIPIENT's proposed cure if such an opportunity is provided, the City reserves the right to provide the SUBRECIPIENT the opportunity to cure any stated breach. Such opportunity to cure can be used in tandem with, or in lieu of, a Letter of Findings issued in accordance with Article 15 ("Monitoring Requirements") of this Agreement. If the City provides such opportunity to cure, shall: a. Provide the opportunity to cure as a part of the City's breach of contract and termination notice; and b. Allot an appropriate deadline by which the SUBRECIPIENT must provide its proposed cure to the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 23 of 30 132 4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the SUBRECIPIENT's damages for such termination, if any, shall be the same as if the City terminated this Agreement for convenience. D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement was due to the SUBRECIPIENT's material failure to complywith the Subaward's terms and conditions, the City reserves the right to report the SUBRECIPIENT to the Federal Awarding Agency so that it may report the termination to the OMB -designated integrity and performance system accessible through the federal System of Award Management ("SAM"). E. In the Event of Termination. After receipt of a notice of termination, except as otherwise directed, the SUBRECIPIENT shall take all of the following actions: Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the requirements in 2 CFR §§ 200.344 ("Closeout") and 200.345 ("Post -Closeout Adjustments and Continuing Responsibilities"); 2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not yet been recouped by the City (if any); 3. Stop working under this Agreement on the date of receipt of the notice of termination unless otherwise stated in such notice; 4. Place no further orders and enter into no further agreements to the extent that either relate to the performance of the work which was terminated and direct any subcontractors to do the same; 5. Terminate all orders and subcontracts to the extent that they relate to the performance of the work, which was terminated; 6. Finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the date of termination, up to and including the final invoice due at the end of the project without reimbursement beyond that due as of the date of termination for services rendered to the termination date; 7. Take any other actions as reasonably directed in writing by the City. F. Payment in Event of Termination. If this Agreement is terminated before performance is completed, whether for convenience or cause, the SUBRECIPIENT shall be paid for the work or services satisfactorily performed. In the event the Agreement is terminated for cause, the City shall be entitled to collect all or part of any funds owed to the City by the SUBRECIPIENT by deduction from the reimbursement or payment amount due the SUBRECIPIENT. No other damages, fees, or costs may be assessed against the City for its termination of the Agreement. G. Force Majeure. The SUBRECIPIENT shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by explosion, war, embargo, government requirement, civil or military authority, pandemic, act of God, or other similar causes beyond the SUBRECIPIENT's control so long as the SUBRECIPIENT's delay Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 24 of 30 133 is not caused by the SUBRECIPIENT's own fault or negligence. Notwithstanding the foregoing, the SUBRECIPIENT cannot claim Force Majeure under this provision for any emergency, exigency, or "Act of God" that is specifically contemplated within the "Scope of Services" of this Agreement, or which in any way existed at the time this Agreement was executed. 2. The above notwithstanding, in order to claim delay pursuant to this provision, the SUBRECIPIENT shall notify the City in writing within seven (7) business days after the beginning of any such cause that would affect its performance under this Agreement. Failure to notify the City in a timely manner of any claim of Force Majeure made pursuant to this provision is cause for termination of this Agreement. 3. If the SUBRECIPIENT's performance is delayed pursuant to this provision for a period exceeding seven (7) business days from the date the City receives the required Force Majeure notice, the City shall have the right to terminate this Contract thereafter and shall only be liable to the SUBRECIPIENT for any work performed pursuant to this Agreement prior to the date of the City's termination. 4. No other damages, fees, or costs may be assessed against the City for its termination of this Agreement pursuant to this provision. Nothing in this provision shall prevent the City from terminating this Agreement for any purpose otherwise expressly stated in this Agreement. Article 23: General Provisions (Alphabetical) A. Assignments and Successors. The parties deem the services to be rendered pursuant to this Agreement to be personal in nature. Each party binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither party shall assign, sublet, convey, or transfer its interest in this Agreement without the written consent of the other, which consent shall be in the sole determination of the party with the right to consent. B. Attorneys' Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall each bear their own costs, expert fees, attorneys' fees, and other fees incurred in connection with this Agreement and any action or proceeding arising out of or relating to this Agreement (an "Action"). C. Conflicts. The SUBRECIPIENT shall comply with all applicable local, state, and federal laws, regulations, executive orders, and the policies, procedures, and directives of the Federal Awarding Agency. Should there be conflict between the various applicable laws and this Agreement, the most restrictive shall govern. D. Construction and Representations. Each party acknowledges that it has had the opportunity to be represented by counsel of such party's choice with respect to this Agreement. In view of the foregoing, and notwithstanding any otherwise applicable principles of construction or interpretation, this Agreement shall be deemed to have been drafted jointly by the parties and in the event of any ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied upon any representations or statements made by the other party to this Agreement which are not specifically set forth in this Agreement. E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in counterparts, both of which shall be deemed an original and which taken together shall constitute one agreement. Any counterpart may be delivered by any party by electronic transmission of the full Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 25 of 30 134 Agreement as executed by that party to the other party as mutually agreed upon by the parties, and delivery shall be effective and complete upon completion of such transmission. F. Governing Law. This Agreement shall be considered as having been entered into in the State of Florida and shall be construed and interpreted in accordance with the laws of that state. G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement, including the Table of Contents or Table of Terms and Provisions, are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. H. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any right that party does or might have to a trial by jury related to any Action. Remedies. No remedy conferred upon any party in this Agreement 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 rights, power, or remedy hereunder shall preclude any other or further exercise thereof. Severability. The provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependence is a material inducement for the parties to enter into this Agreement. Therefore, should any material term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. K. Signatory. Each signatory below represents and warrants that he or she has full power and is duly authorized by their respective party to enter into and perform under this Agreement. Such signatory also represents that he or she has fully reviewed and understands the above conditions and intends to fully abide by the conditions and terms of this Agreement as stated. Survivorship. Those provisions which by their nature are intended to survive the expiration, cancellation, or termination of this Agreement, including, by way of example only, the indemnification and public records provisions, shall survive the expiration, cancellation, or termination of this Agreement. M. Use of City and SUBRECIPIENT Logos. Both parties are prohibited from use of any and all of the other party's emblems, logos, or identifiers without written permission from that party. N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court of competent jurisdiction sitting in Boynton Beach, Florida, regarding any Action, and further agrees that any such Action shall be heard and determined in such Florida federal or state court. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Boynton Beach, Florida. O. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 26 of 30 135 any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. P. Written Modification. No modification of this Agreement shall be binding upon any party to this Agreement unless it is reduced to writing and is signed by a duly authorized representative of each party to this Agreement. 2. Notwithstanding the above subparagraph, the parties hereby recognize that the Federal Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted to unilaterally "pass -down" to the SUBRECIPIENT without formal amendment to this Agreement. 3. The City shall provide notice such unilateral amendments to the SUBRECIPIENT in a timely fashion to both by electronic mail to the SUBRECIPIENT agreement liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B. 4. The SUBRECIPIENT hereby agrees to work with the City in good faith to make any additional amendments to this Agreement as may be necessary pursuant to directive provided by the Federal Awarding Agency. Article 24: Attachments The documents provided for in the table below are hereby incorporated by both reference and attachment and therefore form a material part of this Agreement. Attachment Name Attachment Title Form 1 E -Verify Use and Registration Certification Form 2 Public Entity Crimes and Scrutinized Companies Certification Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise "WBE" , and Labor Surplus Area Firm Certification Form 4 Federal Suspension and Debarment Certification Form 5 Certification Regarding Lobbying Exhibit A Required Information for Federal Subawards Schedule Exhibit B Scope of Services Exhibit C Budget Attachment 1 Insurance Advisory Form Article 25: Entire Aqreement This Agreement, and any documents incorporated, referenced, or attached to this Agreement, sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements, Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 27 of 30 136 negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. [ SIGNATURES ON FOLLOWING PAGES] [ REMAINDER OF PAGE LEFT BLANK] Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 28 of 30 137 CITY OF BOYNTON BEACH, FLORIDA SIGNATURE PAGE The City has executed this Agreement on the date set forth below. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of .20 . CITY OF BOYNTON BEACH, FLORIDA: ATTEST: City Clerk — Signature Approved as to form: City Attorney— Signature Mayor— Signature SUBRECIPIENT SIGNATURE ON FOLLOWING PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 29 of 30 138 SUBRECIPIENT SIGNATURE PAGE BOYNTON BEACH, FLORIDA'S SIGNATURE ON PREVIOUS PAGE The SUBRECIPIENT has executed this Agreement on the date set forth below. SUBRECIPIENT AGENCY: Subrecipient Agency — Signature Print Name Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 20, by Personally, Known _ OR Produced Identification Type of Identification Produced Seal NOTARY PUBLIC Notary — Signature Print Name Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 30 of 30 139 Form 1 E -Verify Registration and Use Certification C01 IIIRIII,,,,,IE'"III"'1110114 OF "'I'"IHIIIS 111::::011111M IIS IRIIf;i OUIlR1lf;ialf111::::0IR All 11 SUIG IIf IECIIIII.'.Illlllf..:.IN'I"' Please note that the City will verify that the SUBRECIPIENT has an active registration on https:He-verify.gov. If the SUBRECIPIENT does not have an active registration noted on the E -Verify website because the Federal Government has not yet updated its website, it must then provide a copy of the E -Verify Memorandum of Understanding for Employers that the SUBRECIPIENT received upon registration to the City. E -VERIFY REGISTRATION USE CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this E -Very Use and Registration Certification and Affidavit. B. The SUBRECIPIENT is registered with the United States Department of Homeland Security's E -Verify system to verify the work authorization status of all employees hired during the term of this Agreement and shall provide evidence of such registration to the City upon request. C. The SUBRECIPIENT does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. D. The SUBRECIPIENT shall require all subcontractors performing work under this Agreement to provide an affidavit stating that such subcontractors do not employ, contract with, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 1 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 140 Form 2 Public Entity Crimes and Scrutinized Companies Certification C01 IIIRIII,,,,,IE"'III"'1110114 OF "'I'1HIIIS 111::::011{ 11 IIS IRIIf;i OUlllllR1lf;ialf11::::01R All 11 SUIG311f lECIIIIPIIIIIf..:.IN'I""S Part 1: Certification of Compliance with Section 287.133, Florida Statutes (Public Entity Crime) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. Neither the SUBRECIPIENT, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the SUBRECIPIENT, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989. B. The SUBRECIPIENT has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list. C. The SUBRECIPIENT acknowledges that for the purposes of this certification, the terms "public entity crime," "convicted," and "affiliate," are as defined in Section 287.133, Florida Statutes, which the SUBRECIPIENT has reviewed prior to the execution of this certification. D. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statute subsequent to entering into this Agreement with the City. E. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT's status under Section 287.133, Florida Statutes, changes in any manner. Part 2: Certification of Compliance with Section 287.135, Florida Statutes (Scrutinized Companies) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. The SUBRECIPIENT certifies that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes. B. The SUBRECIPIENT is not: On the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, and the SUBRECIPIENT is not engaged in a boycott of Israel; Community Development Block Grant Subaward Agreement — Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 141 Form 2 Public Entity Crimes and Scrutinized Companies Certification (Continued) 2. On the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List," created pursuant to Section 215.473, Florida Statutes; or 3. Engaged in business operations in Cuba or Syria. C. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement with the City. D. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT's status under Section 287.135, Florida Statutes, changes in any manner. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 142 Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise ("WBE"), and Labor Surplus Area Firm Certification C01MIll:)III IE i 101N OF "'fill°tills IIf:::011zim IIIS IRil:.; Ulllllf llf;;alf l::::0IR Ali 11. SUIBIIfZIEClllll:)lllllf..:.Im'rs CERTIFICATION OF COMPLIANCE WITH 2 CFR § 200.321 The undersigned hereby certifies on behalf of the SUBRECIPIENT, that the SUBRECIPIENT will comply with all of the following should the SUBRECIPIENT subcontract using any portion of the Subaward: A. When selecting subcontractors and making procurements with the Subaward, the SUBRECIPIENT shall take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus firms are used whenever possible while expending the Subaward. B. Pursuant to 2 CFR § 200.321, such affirmative steps must include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. The SUBRECIPIENT understands that it must pass this obligation down to its subcontractors (if any). Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 3 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 143 Form 4 Federal Suspension and Debarment Certification C0114 1l:)111,,,,,IE"'III"'111O1N OF "'fill°iIIIS l::::011111M IIS IRIIf;; OUlllllf llf;;all IIf:::O1R Ali 11. SUIBIIfZIECIIIli:)i1111f..:.im'fS Please note that the City will verify that the SUBRECIPIENT has an active registration with SAM.gov on https://www.SAM.gov. If the SUBRECIPIENT does not have an active registration noted in the SAM.gov system, then this Agreement will not be executed by the City. FEDERAL SUSPENSION AND DEBARMENT CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this Federal Suspension and Debarment Certification. B. The SUBRECIPIENT complies with 2 CFR Part 180, Subpart C ("Responsibilities of Participants Regarding Transactions Doing Business with Other Persons"). C. The SUBRECIPIENT is registered and maintains an active registration with SAM.gov and will maintain an active registration with SAM.gov for the entire term of this Agreement. D. The SUBRECIPIENT does not appear on the SAM Exclusions list and shall notify the City within five (5) business days if it is added to the SAM Exclusions list, or should its status under the SAM system change in any way during the term of this Agreement. E. The SUBRECIPIENT shall include a requirement to comply with 2 CFR Part 180, Subpart C in any lower tier covered transactions into which it enters. F. The SUBRECIPIENT understands and agrees that the City reserves the right to institute additional restrictions and conditions to this Agreement, terminate this Agreement, and pursue any other remedy available under local, state, and federal law, should the SUBRECIPIENT: (1) be found to have misrepresented its SAM.gov status in any manner; or (2) fail to notify the City of any change in its status under the SAM.gov system. This certification is a material representation of fact relied upon by the City. If it is later determined that the SUBRECIPIENT fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to, suspension or debarment. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 4 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of'144 Form 5 Certification Regarding Lobbying C01M1l:N1 IE i 101N OF "'I"III°fills IIf:::011fzll IS COlmllf 111"'rloNAIII,,,,, This form is required for all SUBRECIPIENTs receiving a Subaward in an amount that exceeds $100,000. Does the Subaward exceed $100,000? Yes If "No" then the SUBRECIPIENT may disregard this form. If `'Yes" then the SUBRECIPIENT hereby executes the following Certification Regarding Lobbying as required by 31 USC § 1352: CERTIFICATION REGARDING LOBBYING 31 USC § 1352 Part 1: Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies on behalf of the SUBRECIPIENT that: A. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the SUBRECIPIENT shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. C. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Part 2: Statement for Loan Guarantees and Loan Insurance The undersigned certifies on behalf of the SUBRECIPIENT that: A. If any funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the SUBRECIPIENT shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. Community Development Block Grant Subaward Agreement — Form 5 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 145 Form 5 Certification Regarding Lobbying (Continued) B. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency — Signature Printed Name [ REMAINDER OF PAGE LEFT BLANK] Title Date Community Development Block Grant Subaward Agreement — Form 5 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 146 Exhibit A Required Information for Federal Subawards Table REQUIRED PURSUANT TO 2 CFR § 200.332 Federal Requirements Subaward-Specific Information SUBRECIPIENT Name (registered name in SAM.gov): Boynton Beach Faith Based Community Development Corporation, Inc. SUBRECIPIENT's Unique Entity Identifier (UEI): GZS6GQ1CQFM9 Federal Award Identification Number (FAIN): N/A (CDBG Multiple Years Rollover Funds) Federal Award Date: N/A (CDBG Multiple Years Rollover Funds) Subaward Period of Performance Start and End Date: Start: Upon Execution End: 09/30/2024 Federal Award Budget Period Start and End Date: Start: 10/01/2023 End: 09/30/2024 Amount of Federal Funds obligated by this action by the $535,000.00 Pass -Through Entity to the SUBRECIPIENT: Total Amount of Federal Funds Obligated to the SUBRECIPIENT by the Pass -Through Entity including $535,000.00 the current financial obligation: Total Amount of the Federal Award committed to the $535,000.00 SUBRECIPIENT by the Pass -Through Entity: Federal subaward Project Description: Owner -Occupied Limited Rehabilitation for Qualifying Households - 24 CFR 570.202(a)(1) — Eligible Rehabilitation and Preservation activities; National Objective 24 CFR Part 570.208 (a)(3) Name of Federal Awarding Agency: U.S. Department of Housing and Urban Development (HUD) Name of Pass -Through Entity: City of Boynton Beach Pass -Through Entity's Awarding Official Contact Name: Ty Penserga, Mayor Information: Email: PensergaT(d�Wl.us Phone: 561-742-6010 CFDA Number and Name: Number: 14.228 Name: Community Development Block Grant Is the Subaward R&D related?: No Is there an indirect cost rate for the Subaward?: No Requirements of the Federal Award imposed on the Yes, see the terms of the Agreement and SUBRECIPIENT?: attached exhibits and forms. Are there any additional requirements imposed on SUBRECIPIENT in order for the Pass -Through Entity to Yes, see the terms of the Agreement and meet its own reporting responsibilities to the Federal attached exhibits and forms. Awarding Agency?: Is there a requirement that the SUBRECIPIENT must Yes, see: Article 14 ("Maintenance, permit the Pass -Through Entity and auditors to have Retention, and Access to Records") and access to the SUBRECIPIENT's records and financial Article 16 ("Audit Requirements"). statements?: Are there appropriate terms and conditions concerning Yes, see: Article 13 ("Progress Reporting closeout of the Subaward?: and Subaward Closeout") Community Development Block Grant Subaward Agreement — Exhibit A City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 147 Exhibit B Scope of Services Homesteaded Owner -Occupied Rehabilitation Program Scope of Services The Homesteaded Owner -Occupied Limited Rehabilitation Program for qualifying households will serve low -to -very low-income residents who own and homestead their residence. The program will offer a grant for home improvement/rehabilitation and incidental expenses that correct emergency health and safety hazards, and code related issues. The maximum award $30,000.00 per household. ELIGIBLE APPLICANTS Applicant's gross household income (income from all sources before taxes and withholding for every household member, age 18 and over) may not exceed 80% of the area median income, as determined by the U.S. Department of Housing and Urban Development (HUD). The following apply: • To qualify for grant funding, at least one homeowner residing in the residence must be an Elderly as defined by F.S. 420.0004 (8) and/or have a member of the household that has a documented disability as defined by F.S. 420.0004 (7). • The applicant must be the homeowner and occupy the home for at least twelve months before the date of application. • The applicant shall not own any other real estate. • Absentee owners are not eligible. • Applicants must have 100% ownership interest in the residence to be improved • Applicants must have clear title to the subject property as evidenced by a title search or deed • Must have home repair needs that threaten the homeowner's safety, energy efficiency, habitability, and accessibility. • Payments on all mortgages on the property must be current. If the mortgage payment is delinquent, it must be brought current before application and remain current through the closing. • Must not have received housing rehabilitation assistance under any program administered by the City of Boynton Beach in the last 15 years. • Property taxes must be current. • Must be current on obligations owed to or insured by any body of government, including, but not limited to code violation liens, income tax liens, child support, and student loans. If the loan has been charged off, the owner will be required to contact the lender and arrange to pay the past due amount. • If a payment arrangement is made, payment must be current at the time of loan application and approval. If the loan has been forgiven, written proof must be obtained. OCCUPANCY REQUIREMENTS Homeowner must have owned the property and Homesteaded the property as his/her principal residence for at least one year prior to applying for assistance. The homeowner must intend to reside in the property for at least one year after the rehabilitation. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 148 Exhibit B Scope of Services INCOME CERTIFICATION REQUIREMENTS Gross annual household income included but is not limited to the gross annual projected income of all household members age 18 and over that reside in the household before taxes or withholdings. The following income sources must be included in the income calculation: • Salaries, overtime earnings, commissions, bonuses, full-time and part-time earnings, seasonal employee earnings, tips • Unemployment compensation • Social Security benefits • Public assistance • Net rental income • Pensions • Alimony and child support • Net income from business activities • Interest and dividend income • Capital gains • Imputed income • Partnership income • Partnership income • Bank accounts (i.e. checking, savings and CDs) • Prepaid debits cards (i.e. Green Dot, Prepaidify, Payoneer, Bluebird) • Brokerage accounts (i.e. stocks, bonds) • IRAs, 401 -Ks, 457s, ELIGIBLE PROPERTIES: • Properties that are being repaired must be the sole and primary residence of the owner. • Homesteaded Owner -Occupied Single-family properties (Mobile Homes are not eligible) • Must be the applicant's Homesteaded property • The property to be improved must not have a lien as a result of code violations. • The property must be located within city limits (property control number beginning with 08). TITLE VERIFICATION Boynton Beach Faith -Based Community Development Corporation, Inc. (FAITH -BASED CDC) will verify the following: • The legal description of the subject property • The owner's ownership interest by conducting or facilitating a title search/investigation • Existing liens, if any on the property ELIGIBLE IMPROVEMENTS Improvements include but not limited to: • Electrical • Plumbing • Air Conditioning Replacement Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 149 Exhibit B Scope of Services • Insulation • Single families detached dwellings are also eligible for: o Roof Replacement o Exterior Doors Replacement o Windows Replacement • Accessibility Improvements for occupant(s) with disabilities • Repairs incidental to any of the above (i.e. drywall, caulking and painting) • Other conditions that could cause the home to be or become uninhabitable will be considered on a case by case basis. Each improvement must be made and in compliance with all applicable health, fire prevention, building and housing codes standards, and product approvals. APPLICATION PROCESS • Funding is awarded on a first come, first qualified basis • The SUBRECIPIENT will assist applicant with the application process • The SUBRECIPIENT will review the applications and supporting documentation to ensure all eligibility criteria are met • Applications must be signed by all homeowners • All forms in the application package must be signed and dated by all household members over 18 • Income Certifications must be signed and dated by all household members over 18 • The SUBRECIPIENT will perform visual home inspection to identify required improvements and write specifications • The SUBRECIPIENT will review with homeowner proposed improvements • The SUBRECIPIENT will send work specifications to City's Community Improvement Division for review and approval. The approval of funds to complete rehabilitation is contingent upon the availability of funds • The SUBRECIPIENT will prepare bids, receive bids from contractors, and selects contractor • Owner/contractor agreement must be signed before work begins on home • The SUBRECIPIENT will oversee the rehabilitation work through periodic inspections, review of construction payment requests, and issuance of payments to contractors • The SUBRECIPIENT will not release final payment to contractor until home passes the final inspection PROPERTY INSPECTION The Community Improvement Division will conduct an Environmental Review that is categorically excluded subject to Section 58.5 pursuant to 24 CFR 58.35(a). The Community Improvement Division will submit all necessary documentation and certification to the Florida State Historic Preservation Officer for properties 45 years or older If required and depending on work specification, the FAITH -BASED CDC will conduct a Lead Paint Inspection in accordance with the Lead Based Paint Poisoning Preventive Act and assessment on properties built before 1978 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 150 Exhibit B Scope of Services • The SUBRECIPIENT will complete visual home inspection to itemize required repairs and write specifications • The SUBRECIPIENT will develop and prepare work specifications for the needed improvements for bidding purposes. • The SUBRECIPIENT will take and save photos of pre -construction condition All homes to be rehabilitated must undergo an environmental review and the file documented prior to any commitment of funds. An environmental review consists of a statutory checklist of required review items and a request to the Florida State Historic Preservation Officer (SHPO) for a review of historical significance and its impact on the rehabilitation of houses that are 45 years old or more. The Community Improvement Division will submit a description, maps, and photographs of the house to the SHPO. Properties with environmental conditions will not be permitted to proceed unless the conditions are corrected. The Community Improvement Division will review all documents of the environmental review checklist. No funds can be committed to a rehabilitation project, or work can start, until the environmental review is completed and approved. Each improvement must be a permanent general improvement that correct defects or deficiencies in the property directly affecting the structural integrity, the safety, habitability, or energy consumption of the property. The homeowner will be responsible for moving his/her belongings to perform the improvements. REHABILITATION REQUIREMENTS Rehabilitation must satisfy the following requirements: • Prior to start of rehabilitation, the property must be inspected by the FAITH -BASED CDC to determine eligibility under the program. • All proposed rehabilitation must be outlined in the specifications and must address the deficiencies and/or accessibility improvements noted on the inspection report. • The SUBRECIPIENT will procure bids from currently licensed contractors based on the specifications, and in accordance with 2 CFR 200.320 and select the lowest responsive and responsible bid. • All improvements must be completed by a currently licensed contractor for their respective trade. Any contractor who is excluded from the federal procurement, or is on the HUD's list of Debarred Contractors, is not eligible for to participate in the program. • A written construction contract will be prepared by the SUBRECIPIENT and executed between the contractor and homeowner. • A Notice of Commencement will be filed for all projects. • The contractor will notify the City's Community Improvement Construction Coordinator when application for permit has been made so the permit review can be expedited. • Property improvements will conform to all applicable zoning ordinances and all appropriate permits must be obtained. • Each rehabilitated property assisted with CDBG funds for single family rehabilitation must be a permanent improvement completed in compliance with applicable state, county and municipal health, housing, building, fire prevention and housing maintenance codes. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 151 Exhibit B Scope of Services • Lien waivers must be collected from all contractors and sub -contractors upon completion of rehabilitation CHANGE ORDERS • Change orders are not permitted after the contract documents have been executed unless unanticipated deficiencies identified during the rehabilitation process will cause further damage to the home if not addressed • Any changes in the scope of work, including the reason for the change must be documented in the file • In the event that a change order occurs, grant amount will be adjusted INDIVIDUAL GRANT • The maximum CDBG grant award allocated for this activity is $30,000.00 per household • The amount of the award might increase if other source of funding is available. The increase will be based on the amount necessary to cure existing substandard conditions or accessibility. When needed repairs cost exceed the maximum CDBG grant award of $30,000.00, up to $20,000 additional funds, from the SHIP Emergency Repairs — Limited Rehabilitation Program might be used (if SHIP funding is available). The SUBRECIPIENT must have prior written authorization from the Community Improvement Division Manager, in order to use additional SHIP funds. SHIP funds will be used in compliance with the SHIP Statute (F.S. 420.907 — 420.9079) located at: Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us); SHIP Rule 67-37; located at: 67-37: STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM - Florida Administrative Rules, Law, Code, Register - FAC, FAR, eRulemaking (flrules.org); 2023 SHIP Residential Rehabilitation Guide located at: Affordable Housing Publications - Florida Housing Coalition (flhousing.org); and any other SHIP Program Regulation as applicable. [ REMAINDER OF PAGE LEFT BLANK] Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 152 EXHIBIT C Based on the "Scope of Services" as set forth in Exhibit B, below is the established budget and activities for this Agreement: Project Phase CDBG Funds Rehabilitation* $454,750.00 Activity Delivery Cost — 15% $ 80,250.00 Totals $535,000.00 FUNDING AND METHOD OF PAYMENT: It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from the federal CDBG Program; and funds are subject to HUD's approval of the CITY's CDBG FY 2023 Annual Action Plan; and the approved reimbursements through HUD's Integrated Disbursement and Information System (IDIS). The services provided with this funding will be to serve low -to -moderate income (LMI) individuals that are 80% or below, the area median income (AMI). A signed and dated household income certification form and proof of income (e.g. pay stubs, retirement benefits, signed and dated income self -certification form, etc.) from individuals served, is required to be kept in individual's file. All reimbursement requests must be supported by an appropriate level of expense support documentation and progress reporting clearly demonstrating that the applicable progress threshold for the request has been achieved on the project and that all rehabilitation has been completed in accordance with federal, state and local program requirements, and all permits have been satisfied. * There shall be up two draws per each unit being rehabilitated. The first request upon completion of 50% of the rehabilitation and the second may be requested upon final completion of the project. Reimbursement will be pay after all supporting documents and work performed has been reviewed by the Community improvement Division. All requests for reimbursement shall adhere to the standards set forth in Article 10: Reimbursement Requests and Article 11: Payment Terms. Failure for SUBRECIPI ENT to adhere to these standards may result in delay of payment and / or disallowance of funding. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 153 Attachment 1 The following are hereby incorporated into this "Attachment 1" (Insurance Advisory Form) by reference: City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of'vendor) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Aggregate - $1,000,000.00 Combined Single Limit $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 154 Community Development Block Grant (CDBG) Subaward Agreement between City of Boynton Beach, Florida and Boynton Beach Faith Based Community Development Corporation, Inc. for a CDBG subaward of an amount not to exceed $40, 000.00 from a federal award issued by U.S. Department of Housing and Urban Development for the specific purpose of Public Services Activity - Elder Care Program — Aging in Place. SUBAWARD COVERSHEET INTERNAL TABLE — FOR CITY INTERNAL USE ONLY City Contract No.: City Contract No. Resolution R23 — 098 Financial Services Department: Community Improvement Division CDBG Eligible Activity 24 CFR 570.201(e) — Public Services Activity— Senior Services; National Objective 24 CFR Part 570.208 a 2 i A TABLE OF TERMS AND PROVISIONS Article 1: Standard CDBG Form Subaward Agreement................................................................................................. 1 Article2: The Parties...................................................................................................................................................... 1 Article 3: Notice of Federal Subaward............................................................................................................................ 1 Article 4: Term of Agreement and Subaward Period of Performance........................................................................... 3 Article5: Notice.............................................................................................................................................................. 3 Article 6: SUBRECIPIENT's Obligations and Responsibilities....................................................................................... 3 Article 7: Procurement and Subcontracting Standards.................................................................................................. 5 Article8: Property Standards......................................................................................................................................... 7 Article9: Budget............................................................................................................................................................. 7 Article 10: Reimbursement Requests............................................................................................................................. 8 Article11: Payment Terms........................................................................................................................................... 10 Article12: Return of Funds........................................................................................................................................... 11 Article 13: Progress Reporting and Subaward Closeout............................................................................................. 12 Article 14: Maintenance, Retention, and Access to Records....................................................................................... 13 Article15: Monitoring Requirements............................................................................................................................ 15 Article16: Audit Requirements..................................................................................................................................... 15 Article17: Insurance..................................................................................................................................................... 17 Article 18: Indemnification, Sovereign Immunity, and Liability..................................................................................... 19 Article 19: Independent Contractor, Non -Agent SUBRECIPIENT, and Third Parties ................................................. 19 Article20: Confidentiality.............................................................................................................................................. 20 Article21: Remedies for Noncompliance..................................................................................................................... 22 Article22: Termination.................................................................................................................................................. 22 Article 23: General Provisions................................................................................................................................... 255 Article24: Attachments................................................................................................................................................. 27 Article25: Entire Agreement........................................................................................................................................ 27 Community Development Block Subaward Grant Agreement — Coversheet City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page i of ,155 Article 1: Standard CDBG Subaward Form Agreement A. This CDBG Subaward Agreement ("Agreement") is a "Standard CDBG Subaward Form Agreement." Any changes to this standard form shall be noted separately through an amendment to the Agreement which must be separately executed by the parties to this Agreement in order to be binding upon the parties. Article 2: The Parties A. This Agreement is entered into by and between the two parties indicated in the following table: TABLE 1 —THE PARTIES Party #1 Name: City of Boynton Beach (the "City") Entity Type: A Florida Municipal Corporation Principal Address: 100 E. Ocean Avenue Boynton Beach, Florida 33435 Agreement Liaison Name: Dan Dugger, City Manager Email Address: duggerd@bbfl.us Party #2: Name: Boynton Beach Faith Based Community Development Corporation, Inc. a Community Based Development Organization (the "SUBRECIPIENT") Entity Type: 501(c)(3) Not -for -Profit Principal Address: 2191 N Seacrest Blvd. Boynton Beach, FL 33435 Agreement Liaison Name: Keturah Joseph, Executive Director Email Address: kjbbfbcdc@yahoo.com B. The City and the SUBRECIPIENT may unilaterally re -designate their respective agreement liaisons by providing written notice of such change to the other party in accordance with Article 5 ("Notice") of this Agreement. C. Both the City and the SUBRECIPIENT may be individually referred to as "party" or collectively referred to as "parties" in this Agreement. Article 3: Federal Subaward Information A. Subaward Information. The table below provides basic information regarding the underlying subaward pursuant to which this Agreement is being entered. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 30 156 TABLE 2 — SUBAWARD INFORMATION Subaward Project Public Services Activity — Senior Services - Aging in Place Elder Care Description: Program through a Non -Profit Organization (the "SUBRECIPIENT"). Awarding Agency U.S. Department of Housing and Urban Development (the "Federal Description: Awarding Agency") — Community Development Block Grant (the "Federal "Grantee"). Award") — City of Boynton Beach (the Subaward ID No.: Resolution R23 — 098 Resolution Date: 08/1/2023 B. Federal Subaward Amount. The amount of the underlying subaward is: $40,000.00. C. SUBRECIPIENT Compliance with Federal Subaward. At all times during which the SUBRECIPIENT is performing under this Agreement, the SUBRECIPIENT shall comply with the award terms and conditions of the underlying Federal subaward, as well as with any guidance provided by the Federal Awarding Agency. D. Compliance with the Federal Uniform Guidance. The SUBRECIPIENT shall comply with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the "Uniform Guidance") when meeting its obligations under this Agreement. E. References for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance — or any other applicable federal, state, or local law — that are referenced in this Agreement are referenced for emphasis only. The exclusion of a specific applicable provision of law from this Agreement does not alleviate the SUBRECIPIENT from its obligation to comply with any such applicable provisions. F. By executing this Agreement, the SUBRECIPIENT hereby certifies that it has reviewed 2 CFR Part 200 and any relevant Federal Awarding Agency guidance and that it understands its obligations pursuant to such federal regulations and guidance. G. Federal Subaward Amount. The amount of the Federal Subaward issued pursuant to this Agreement is an amount not to exceed $40,000.00 (the "Subaward"). This Agreement's use of "an amount not to exceed" shall in no way entitle the SUBRECIPIENT to reimbursement or payment of the maximum amount provided unless such reimbursement or payments have been earned by the SUBRECIPIENT in accordance with the terms and provisions of this Agreement. H. Required Information. Any additional information required pursuant to 2 CFR § 200.332 ("Requirements for Pass -Through Entities") may be found in the Required Information for Federal Subawards Schedule attached to this Agreement as "Exhibit A." Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 30 157 Article 4: Term of Agreement and Subaward Period of Performance A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the "Effective Date") and shall terminate on: 09/30/2024, unless extended or renewed in accordance with the terms of this Agreement. B. Subaward Period of Performance. 1. The "Subaward Period of Performance" is the time during which the SUBRECIPIENT may incur obligations to carry out the work or services authorized under this Agreement. The SUBRECIPIENT may not invoice for any work completed, or services rendered, outside of the Subaward Period of Performance. This provision is required pursuant to 2 CFR § 200.332(a)(1)(v). 2. The Subaward Period of Performance of this Agreement is: UPON EXECUTION to 9/30/2024. Article 5: Notice Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be deemed effective as of date of receipt. TABLE 3 — NOTICE To the City: City of Boynton Beach Attn: Dan Dugger, City Manager City Manager's Office, 4t". Floor 100 E. Ocean Avenue Boynton Beach, Florida 33435 To the SUBRECIPIENT: Boynton Beach Faith Based Community Development Corporation, Inc. Attn: Keturah Joseph, Executive Director 2191 N. Seacrest Blvd. Boynton Beach, Florida 33435 Article 6: SUBRECIPIENT's Obligations and Responsibilities A. Scope of Services. The SUBRECIPIENT shall be responsible for meeting the objectives of this Subaward, as detailed in the "Scope of Services" attached to this Agreement as "Exhibit B", in a manner that is deemed satisfactory by the City and consistent with the standards set forth in this Agreement, the Federal Award, and any directives or guidance issued by the Federal Awarding Agency. 2. The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize funds provided pursuant to this Agreement for any activity or purpose not included in, or in conformance with, the "Scope of Services." Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 3 of 30 158 B. SUBRECIPIENT's Agreement Liaison. The SUBRECIPIENT's agreement liaison identified in TABLE 1 — THE PARTIES, or as re -designated pursuant to Article 2, Paragraph B above, shall be available to communicate and meet with the City's agreement liaison and relevant City staff in order to review the SUBRECIPIENT's performance pursuant to this Agreement. The City reserves the right to, at no additional cost to the City, require that the SUBRECIPIENT change its agreement liaison if the City's agreement liaison believes doing so best serves the performance or objectives of the Subaward, or this Agreement. C. Licenses and Approvals. The SUBRECIPIENT hereby represents and warrants that it has and will continue to maintain all licenses, insurances and approvals required to meet its obligations under the Scope of Services, and that it will at all times conduct its activities in a reputable manner. Proof of such licenses, insurances and approvals shall be submitted to the City within three (3) business days upon request. Failure by the City to request such proof of licensure, insurance and approvals shall in no manner be construed as alleviating the SUBRECIPIENT's obligations pursuant to Paragraph C of this Article, nor shall it be construed as shifting or imposing any liability onto the City. D. Employees of the SUBRECIPIENT. Skillful Provision of Services. All services or work provided pursuant to this Agreement shall be performed by the employees, volunteers, associates, or agents of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) in a professional and skillful manner. 2. Employee Licensure. Any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) whose performance under this Agreement requires licensure shall have such valid and active licensure for the full duration of their performance under this Agreement. 3. Removal of Employees. The City may require the SUBRECIPIENT to remove any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) that the City's agreement liaison — using their sole discretion — deems to be incompetent, careless, or otherwise objectionable from performing work or services related to this Agreement. The City shall not be responsible for any costs related to such removal. 4. E -Verify Use and Registration Certification. Pursuant to Section 448.095, Florida Statutes, the SUBRECIPIENT must certify that it is registered with, and uses, the E -Verify system to verify the work authorization status of all newly hired employees. The SUBRECIPIENT must further certify that it does not employ, contract with, or subcontract with an unauthorized alien, and shall provide an affidavit affirming this prior to the effective date of the contract. These certifications shall be provided by use of the E -Verify Use and Registration Certification found attached to this Agreement as "Form 1 ". Violation of s. 448.095, Florida Statutes, may result in the Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement. E. Non -Discrimination. The SUBRECIPIENT shall, at no time during the provision of services funded through this Agreement, discriminate based on race, color, religion, national origin, sex, or sexual orientation. 2. The SUBRECIPIENT shall comply with any and all federal, state, and local anti -discrimination laws, rules, and regulations. For further information about the federal anti -discrimination requirements for this Agreement, see 2 CFR Part 200, "Uniform Guidance Contract Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 4 of 30 159 Provisions" located at: eCFR :: 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. F. Inherently Religious Activities. When expending the Subaward, the SUBRECIPIENT must adhere to the following conditions: The SUBRECIPIENT must not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of its provision of the services funded in whole or in part by the Subaward; 2. Such inherently religious activities must be offered separately, in time or location, from the Subaward-funded services; and 3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries of the Subaward-funded services; therefore, the SUBRECIPIENT shall not implicitly or explicitly condition receipt of any services funded in whole or part by the Subaward on participation in any inherently religious activities. G. Public Entity Crimes and Scrutinized Companies. By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this Agreement as "Form 2," the SUBRECIPIENT must certify that: a. The SUBRECIPIENT does not meet the definition of "Scrutinized Company" pursuant to Section 215.473, Florida Statutes; and b. The SUBRECIPIENT — or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the SUBRECIPIENT or an affiliate of the SUBRECIPIENT — has not been convicted of a public entity crime pursuant to Section 287.133(3), Florida Statutes. 2. The City reserves the right of Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement should the SUBRECIPIENT: a. Be found to have falsified its certification in "Form 2"; or b. Become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to either Section 287.133, Florida Statutes ("Public Entity Crime; Denial or Revocation of the Right to Transact Business with Public Entities") or Section 287.135, Florida Statutes ("Prohibition Against Contracting with Scrutinized Companies") subsequent to entering into this Agreement with the City. Article 7: Procurement and Subcontracting Standards A. Procurement. The SUBRECIPIENT must comply with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and must use such procedures when expending the Subaward where SUBRECIPIENT is conducting its own procurement to satisfy the objectives of this Subaward, as detailed in the "Scope of Services", attached as "Exhibit B". Does the SUBRECIPIENT maintain written purchasing procedures in compliance with the aforementioned federal Procurement Standards? "Yes" or "No": Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 5 of 30 160 If "Yes," then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it maintains written purchasing procedures in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and will use such procedures when expending the Subaward. If "No," then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it does not maintain written purchasing procedures that are in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards"). As such, the SUBRECIPIENT hereby agrees to develop and use written purchasing procedures in compliance with the Procurement Standards for expending the Subaward OR agrees to use the City's Purchasing Policy Manual. The City's Purchasing Policy Manual can be obtained by contacting the City's Purchasing Manager at 561-742-6322 or PintoK@bbfl.us B. Simplified Acquisition Threshold. The "Simplified Acquisition Threshold" means the dollar amount below which a non -Federal entity may purchase property or services using small purchase methods. For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00. The Simplified Acquisition Threshold provided for in this Agreement is the one that the SUBRECIPIENT — and any of its sub-SUBRECIPIENTs — must use when making its expenditures of the Subaward. If SUBRECIPIENT is utilizing the City's purchasing procedures, SUBRECIPIENT must use the City's more restrictive (lower) simplified acquisition threshold. C. Subcontracting. 1. Federally Required Contract Provisions and Award Terms and Conditions. The SUBRECIPIENT shall insert the relevant contract provisions and certification documents identified in Appendix II of 2 CFR Part 200 ("Contract Provisions for Non -Federal Entity Contracts Under Federal Awards") applicable award terms into all contracts into which it enters while expending the Subaward. 2. Small and Minority Business Enterprises ("MBE"), Women Business Enterprises ("WBE"), and Labor Surplus Area Firms. The SUBRECIPIENT must execute the Small and Minority Business Enterprise ("MBE'), Women Business Enterprise ("WBE'), and Labor Surplus Area Firm Certification attached as "Form 3" stating that the SUBRECIPIENT shall take the "Five Affirmative Steps" regarding Small and Minority Business Enterprise, Women Business Enterprises, and Labor Surplus Area Firms in the solicitation and selection of subcontractor(s) or procurements as required by the Federal Government in 2 CFR § 200.321. 3. Engaging in subcontracting, pursuant to this Agreement without complying with the requirements of this article is strictly prohibited. D. Sub-Subawards. Approval by the City. The SUBRECIPIENT shall not issue sub-subawards to any non - Federal entity without first receiving approval from the City. 2. Pass -Through Requirements. a. The SUBRECIPIENT must pass through all obligations of the Federal Award and any placed upon the SUBRECIPIENT under this Agreement to any of its sub- SUBRECIPIENTs through a federally -compliant SUBRECIPIENT agreement. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 6 of 30 161 b. The SUBRECIPIENT must comply with all provisions of 2 CFR § 200.332 ("Requirements for Pass -Through Entities") and any other applicable provisions of the Uniform Guidance when issuing a subaward to a sub-SUBRECIPIENT. E. SUBRECIPIENT/Contractor Determinations. Prior to entering into an agreement with a third -party entity that is in part or in whole funded by the Subaward, the SUBRECIPIENT shall analyze the nature of such agreement pursuant to the provisions of 2 CFR § 200.331 ("SUBRECIPIENT Subcontractor Determinations") to determine which type of relationship and requirements apply. Article 8: Property Standards A. By executing this Agreement, the SUBRECIPIENT hereby certifies that it shall comply with 2 CFR §§ 200.310-200.316 ("Property Standards") and will use such procedures when handling and managing any supplies, equipment, real estate, or other property procured with any portion of the Subaward. B. The SUBRECIPIENT shall maintain inventory records of all supplies, equipment, real estate, and other property procured with the Subaward and may not to sell, transfer, encumber, or otherwise dispose of any such property without the written permission of the City, in which case the procedure in 2 CFR §§ 200.311 shall be adhered to. Article 9: Bud A. Approved Budget. The City -approved Budget for the Subaward is attached to this Agreement as "Exhibit C" and shall be the basis for which the City provides payment to the SUBRECIPIENT. B. Budget Amendments. In General. Requests to amend the Budget contemplated in this Agreement: a. Must be received by the City no later than forty-five (45) days prior to the expiration of this Agreement's term; b. Shall be made prior to the SUBRECIPIENT incurring any expenses that are not expressly provided for in the Budget; and C. Shall be considered and approved at the sole discretion of the City. 2. Informal Budget Amendments. The City's Agreement Liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B, may, in writing, informally approve the following types of Budget amendments: a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then the City's agreement liaison may, in writing, informally approve requested amendments to the Budget that: (1) Do not increase the maximum Subaward amount; and (2) Are deemed by the City's Agreement Liaison as being consistent with the "Scope of Services" attached as "Exhibit B". b. Non -Discretionary Federal Awards. If the Federal Awarding Agency approved the Budget contemplated in this Agreement, then the City's Agreement Liaison may, in writing, informally approve amendments to the Budget only upon receipt of written Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 7 of 30 162 approval of such amendments by the Federal Awarding Agency. 3. Formal Budget Amendments. Budget amendments that do not meet either requirement of Paragraph B of this Article may not be informally amended by the City's Agreement Liaison and, instead, must be made by formal written amendment mutually executed by both parties to this Agreement. C. Program Income. 2 CFR § 200.1 ("Definitions"), defines "Program Income" as gross income earned by the SUBRECIPIENT that is directly generated by a supported activity or earned as a result of the Subaward during the Subaward Period of Performance. Program Income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under the Subaward, the sale of commodities or items fabricated under the Subaward, license fees and royalties on patents and copyrights, and principal and interest on loans made with Subaward Funds. Interest earned on advances of the Subaward is not program income. Except as otherwise provided, Program Income does not include rebates, credits, discounts, and interest earned on any of those items. 2. In the event that the SUBRECIPIENT generates Program Income, unless otherwise directed by the City, in compliance with 2 CFR § 200.307(e)(1) ("Program Income"), the SUBRECIPIENT shall: a. Calculate, document, and record such Program Income and its intended use or uses; b. Report such Program Income to the City as part of the required Progress Report, pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant to Article 13, Paragraph C.; C. Add the Program Income to the Subaward and use for continued activities related to the purposes and conditions of this Subaward. Article 10: Reimbursement Requests A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual funding -eligible costs as permitted by this Agreement. In order to obtain payment, the SUBRECIPIENT shall make funding -eligible expenditures and thereafter submit a "Reimbursement Request(s)" to the City for such expenditures pursuant to the terms found in this Article. B. Form of Reimbursement Requests. All Reimbursement Requests shall clearly indicate the budget category from which each request is drawing. C. Minimum Standards for Reimbursement Requests. At minimum, all Reimbursement Requests submitted by the SUBRECIPIENT must: Include enough detail so that the City is able to confirm that the SUBRECIPIENT has only requested reimbursement of funding -eligible expenses that were incurred by the SUBRECIPIENT in compliance with the terms of this Agreement. 2. Includes a dated cover letter of the SUBRECIPIENT's organization, with a description defining Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 8 of 30 163 the period of performance dates which it is has incurred eligible expenses that is now being requested for reimbursement. 3. If the Budget attached as "Exhibit C" has line -items orfunding categories, indicate which line - item or funding category under which each funding -eligible cost is being requested for reimbursement. 4. Pursuant to 2 CFR § 200.415(a) ("Required Certifications"), include the following federally required attestation executed by an individual that is able to legally authorized to do so by the SUBRECIPIENT: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal Award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." 5. By executing this Agreement, the SUBRECIPIENT hereby affirms that it understands that the above are minimum standards for invoices only and are not meant to represent an exhaustive list of what the City's Agreement Liaison may request or require in order to consider a Reimbursement Request complete or to approve such request for reimbursement. D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the "Scope of Services" and "Budget" attached to this Agreement as "Exhibit B" and "Exhibit C", which hereby supersedes the frequency and due date for Reimbursement Requests noted in this provision, invoices are due as followed: General Reimbursement Requests. The period for submission of General Reimbursement Requests shall be quarterly with such invoices due to the City by the 15th of the month subsequent to the provision of services for which the City is being invoiced (January 15, 2024, April 15, 2024, July 15, 2024, and October 15, 2024). 2. Initial Reimbursement Request. If the Subaward Period of Performance began on a date prior to the execution of this Agreement, the SUBRECIPIENT shall submit an Initial Reimbursement Request that covers all funding -eligible expenses for the period of time beginning on the first day of the Subaward Period of Performance (for this Agreement: UPON EXECUTION) and ending on the date of execution of this Agreement. This Initial Reimbursement Request shall be submitted no later than the date that the first General Reimbursement Request is due to the City. 3. Final Invoices. Final Invoices shall be due to the City no later than fifteen (15) calendar days after the expiration or termination of this Agreement or last date of eligible expenditures by the SUBRECIPIENT, whichever the earlier of the dates. 4. Performance Period with No Expenses. In periods where eligible expenses have not been incurred by the SUBRECIPIENT, the SUBRECIPIENT is not required to submit a General or Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 9 of 30 164 Initial Reimbursement Request for zero dollars. However, the SUBRECIPIENT may still be required to submit a Progress Report over this same period in accordance with Article 13. E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to withhold or deny payment on any Reimbursement Request if such request: Is incomplete or fails to provide the requisite supporting documentation; 2. Fails to be provided in a timely fashion as determined by the terms of this Agreement; or 3. Indicates expenditures that are not compliant with this Agreement, the Federal Award, or any directives issued by the Federal Awarding Agency. Article 11: Payment Terms A. Local Government Prompt Payment Act. The City shall make payments to the SUBRECIPIENT on a reimbursement basis for work performed, or services provided, pursuant to this Agreement, in accordance with the Local Government Prompt Payment Act, Section 218.70 et. Seq, Florida Statutes. B. Federal Funding Availability. The City is only responsible for payments to the SUBRECIPIENT for which the City is provided funding by the Federal Awarding Agency. If the Federal Awarding Agency determines that a specific cost or expense requested by the SUBRECIPIENT is not permitted to be reimbursed under the terms and conditions of the Federal Award, the City shall not be responsible for making payment to the SUBRECIPIENT for that specific requested cost or expense. Should the Federal Awarding Agency withhold or deny funding to the City for any reason, the City may subsequently withhold or deny funding to the SUBRECIPIENT. C. Payment Limitations. The City shall not make payments for, or in any way be responsible for, payment to the SUBRECIPIENT for any of the following: Any goods or services provided that do not fall within the "Scope of Services" attached as "Exhibit B"; 2. Any goods or services that fall within the attached "Scope of Services", but that such payment can be made through a third -party program or insurance provider. D. Prohibition on Duplicative Funding. The SUBRECIPIENT may not accept duplicate funding for any cost, position, service, or deliverable funded by the Federal Award. Duplicative funding is defined as more than one -hundred percent (100%) payment from all funding sources for any cost, position, service, or deliverable. If duplicate funding is discovered, this Agreement may be suspended while the extent of the overpayment is determined, or may be terminated. Such suspension or termination may be initiated at the sole discretion of the City. E. Costs in Excess of Award. Any costs or expenses incurred by the SUBRECIPIENT that exceed the overall Subaward amount set forth in this Agreement, or which are were incurred by the SUBRECIPIENT outside of the Subaward Period of Performance, shall be the sole responsibility of the SUBRECIPIENT. F. At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or any non -Federal Award monies to make payment to the SUBRECIPIENT for any costs or expenses incurred by the SUBRECIPIENT pursuant or related to this Agreement or the Federal Award. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 10 of 30 165 Article 12: Return of Funds A. Unauthorized Expenditures. The SUBRECIPIENT shall reimburse the City for all unauthorized or funding -ineligible expenditures. B. Payment(s) in Error. The SUBRECIPIENT shall return to the City any payments made to the SUBRECIPIENT that were made in error or were in any manner fraudulent or inconsistent with the "Scope of Services" attached as "Exhibit B" or the Federal Award ("Payment(s) in Error"). In the event that the SUBRECIPIENT, or any outside accountant or auditor, determines that a Payment in Error was made, the SUBRECIPIENT shall return to the City any associated funds no later than ten (10) business days from when the SUBRECIPIENT became aware of such Payment in Error. 2. In the event that the City discovers a Payment in Error, the City shall notify the SUBRECIPIENT and the SUBRECIPIENT shall return any associated funds to the City no later than ten (10) business days from the SUBRECIPIENT's receipt of such notice. C. Federal DisalIowan ce(s). If the Federal Government demands reimbursement from the City due to a disallowance or finding that an expense or cost for which the City provided Subaward funding to the SUBRECIPIENT was in any way improper or not in compliance with the Federal Award, the SUBRECIPIENT shall return any associated funds to the City within a reasonable time period as mutually agreed upon by the City and the SUBRECIPIENT, or within six (6) months, whichever is the later of the dates. D. Delay or Failure to Return Funds. Should the SUBRECIPIENT fail to reimburse the City for any Payment in Error or Federal Disallowance within the time designated, the City may respond with any number of the following actions: Charge an interest rate as determined by the State of Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance thereof. Interest shall accrue from the date of the SUBRECIPIENT's initial receipt of overpayment funds up to the date of reimbursement of said overpayment funds to the City; 2. Withhold any or all future payments until the amount of such overpayment has been recovered by the City; 3. Terminate this Agreement; 4. Bar the SUBRECIPIENT from being considered when issuing future Federal Subawards or other City agreements; and 5. Pursue any other remedies permitted by law. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 11 of 30 166 Article 13: Progress Reporting and Subaward Closeout A. Progress Reporting Form of Progress Reports. "Progress Report(s)" shall be delivered to the City on a form approved by the City's agreement liaison noted in TABLE 1 — THE PARTIES, or as later re- designated pursuant to Article 2, Paragraph B. 2. Minimum Standards for Progress Reports. At minimum, such Progress Reports must detail the outputs, outcomes, and progress the SUBRECIPIENT has made in accomplishing the objectives of the "Scope of Services" attached as "Exhibit B." Further, in the event any Program Income has been earned over the period, SUBRECIPIENT will report on the Program Income earned and expended to include whether it was related to the purposes and conditions of this Subaward. The City reserves the right to reasonably and unilaterally revise such approved form and request any additional supporting documentation from the SUBRECIPIENT as it deems necessary to meet its federal reporting requirements and monitoring obligations. 3. Progress Report Frequency and Due Dates. Unless otherwise stated in the "Scope of Services", which hereby overwrites the frequency and due date of Progress Reports noted in this provision if there is a conflict between the two, Progress Reports shall be submitted on a quarterly basis and are due by the 15th of the month subsequent to the provision of services of which the SUBRECIPIENT is reporting (January 15, 2024, April 15, 2024, July 15, 2024, and October 15, 2024). 4. Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the required Progress Reports in accordance with this Article may necessitate the City's withholding of payment on any subsequent Reimbursement Requests and shall be considered cause for termination by the City pursuant to the terms of termination in this Agreement. B. Annual Reporting Information. SUBRECIPIENT shall, upon request by the City's Agreement Liaison or designee, make available SUBRECIPIENT data and other information related to the "Scope of Services". This information will assist the City in its annual reporting obligation to the Federal Awarding Agency by September 30 of each year and will also be published on the City's Consolidated Annual Performance and Evaluation Report (CAPER). Information requested will be related to overall performance, program outcomes and impacts, and program approaches related to promoting equitable outcomes in the delivery of services. C. Subaward Closeout. All financial, performance, and other reports as required by the terms of this Subaward must be submitted to the City no later than (15) days after the end date of the Subaward Period of Performance. 2. Any earned and expended Program Income generated as a result of this Subaward must be calculated and documented with justification on its uses related to the purposes and conditions of the Subaward to the City no later than (15) days after the end date of the Subaward Period of Performance. 3. The closeout of the Federal Award, or this Subaward, does not affect any of the following: Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 12 of 30 167 The right of the Federal Awarding Agency or the City to disallow costs and recover funds on the basis of a later audit or other review. The Federal Awarding Agency or City must make any cost disallowance determination and notify the SUBRECIPIENT within the record retention period. b. The requirement for the SUBRECIPIENT to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. C. The ability of the Federal Awarding Agency to make financial adjustments to a previously closed award such as resolving indirect cost payments and making final payments. Audit requirements in 2 CFR Part 200, Subpart F. e. Property management and disposition requirements in §§ 200.310 through 200.316 of 2 CFR Part 200. Records retention as required in §§ 200.334 through 200.337 of 2 CFR Part 200. 4. After closeout of the Federal Award, or this Subaward, a relationship created under the Federal Award, or this Subaward, may be modified or ended in whole or in part with the consent of the Federal Awarding Agency or the City and the SUBRECIPIENT, provided the responsibilities of the SUBRECIPIENT, including those for property management as applicable, are considered and provisions made for continuing responsibilities of the SUBRECIPIENT, as appropriate. Article 14: Maintenance, Retention, and Access to Records A. The SUBRECIPIENT, and its subcontractors (if any) that are providing services or otherwise performing pursuant to this Agreement shall abide by the requirements of this Article. The SUBRECIPIENT shall establish and utilize generally accepted accounting principles in the maintenance of all records relating to this Agreement. Such practices shall comply with the general acceptable accounting principles and shall fully and accurately reflect, track, and document the SUBRECIPIENT's financial activities. 2. The SUBRECIPIENT shall establish and maintain separate accounting records for the SUBRECIPIENT's activities in meeting its obligations pursuant to this Agreement with sufficient documentation to identify the associated expenditures (e.g. detailed invoices, cancelled checks, payroll journals, bank statement reconciliations, etc.) and establish that such expenditures are allowable, necessary, and reasonable under this Agreement, the Federal Award, and any directives issued by the Federal Awarding Agency. 3. The SUBRECIPIENT shall furnish the City with any and all data needed for the purpose of monitoring, evaluation, auditing, and quality assurance. This data shall include information on the services provided or work performed, and any other data that may be required by the City, in its sole discretion, to adequately evaluate the SUBRECIPIENT's performance under this Agreement. 4. All records that were created, utilized, or maintained for the purpose of fulfilment of the SUBRECIPIENT's obligations pursuant to this Agreement, whether paper or electronic ("Relevant Records"), shall be retained by the respective record holder for a period of five (5) Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 13 of 30 168 years after termination of this Agreement, including any extensions or renewals of this Agreement. 5. In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a period of five (5) years after the resolution of any such event. 6. The SUBRECIPIENT shall permit the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives to access, review, or reproduce any and all Relevant Records. 7. If the "Scope of Services" in "Exhibit B" is site-specific, or construction -related, access to the stated construction or work site shall be provided to the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives. 8. The SUBRECIPIENT shall ensure that the provisions of this Article are incorporated into any agreements into which it enters that are related to this Agreement and the Federal Award. B. Public Records. Pursuant to Section 119.0701, Florida Statutes, the SUBRECIPIENT shall: a. Keep and maintain public records required by the City to perform the service. b. Upon request from the City, 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 amount set by the City. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement's term and following completion of this Agreement if the SUBRECIPIENT does not transfer the records to the City. d. Upon completion, or termination, of this Agreement, transfer, at no cost, to the City all public records in possession of the SUBRECIPIENT or keep and maintain public records required by the SUBRECIPIENT to perform the service in accordance with Florida law. e. If the SUBRECIPIENT transfers all public records to the City upon completion of the Agreement, the SUBRECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SUBRECIPIENT keeps and maintains public records upon completion of this Agreement, the SUBRECIPIENT shall meet all applicable requirements for retaining public records in accordance with applicable federal and Florida law. All records stored electronically shall be provided to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 14 of 30 169 IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE SUBRECIPIENT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 310 BOYNTON BEACH, FL 33435 Phone: 561-742-6061 Email: CITYCLERK@BBFL.US 2. Florida Agencies. If the SUBRECIPIENT is an "Agency" as defined by Section 119.011, Florida Statutes, then the SUBRECIPIENT shall comply with its own obligations under Chapter 119, Florida Statutes. The SUBRECIPIENT additionally agrees to cooperate in good faith with the City in the handling of public records created under this Agreement. Notwithstanding anything set forth in any provision of this Agreement to the contrary, the SUBRECIPIENT will not be required to destroy any records in its custody in violation of Chapter 119, Florida Statutes. Article 15: Monitoring Requirements A. Monitoring. The SUBRECIPIENT shall permit the City, the Clerk, or the designees of either such government agency, to periodically monitor the SUBRECIPIENT's performance and programmatic and financial activities, pursuant to the requirements found in 2 CFR § 200.332 ("Requirements for Pass -Through Entities") and any other relevant federal laws, regulations, or guidance. B. Letter of Findings. If the City, the Clerk, or the designee of either such government agency, discovers any defect in the SUBRECIPIENT's performance under this Agreement (whether programmatic, financial, etc.), then a "Letter of Findings" may be provided to the SUBRECIPIENT. 2. The SUBRECIPIENT shall respond to any such Letter of Findings with a Corrective Action Plan and Implementation Schedule, as instructed by the City, the Clerk, or the designee of either such government agency, within thirty (30) calendar days of the date of the Letter of Findings. Failure to submit a Corrective Action Plan and Implementation Schedule shall constitute a material breach and may result in termination of this Agreement. 3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such government agency, to first issue such a "Letter of Findings" to the SUBRECIPIENT prior to the City being permitted to exercise any of its rights in equity, at law, or as otherwise granted through this Agreement, including but not limited to the right to terminate this Agreement. Article 16: Audit Requirements A. Auditing. The SUBRECIPIENT shall comply with the federal auditing requirements found in 2 CFR Subpart F ("Audit Requirements"). B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized designees shall have the right to audit SUBRECIPIENT's: Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 15 of 30 170 Disbursement of the Subaward; 2. Service or program delivery; and 3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the Federal Award. C. Mandatory Audit, Certification, and Audited Financial Statement. In determining the federal award amounts expended during its fiscal year, the SUBRECIPIENT shall consider all sources of federal awards including federal resources received from the State or other agencies. If the SUBRECIPIENT expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, the SUBRECIPIENT must have a single audit completed and conducted in accordance with 2 CFR § 200.514 ("Scope of Audit"), unless the SUBRECIPIENT elects to have a program -specific audit in accordance with 2 CFR § 200.501(c) ("Audit Requirements"). 2. If the SUBRECIPIENT expends less than seven hundred fifty thousand dollars ($750,000) in federal awards during the fiscal year, the SUBRECIPIENT shall: a. Provide an annual certification to the City that a single audit was not required; and b. Annually submit an Audited Financial Statement to the City. 3. If the SUBRECIPIENT is mandated to have an audit performed due to its expenditure of seven hundred fifty thousand dollars ($750,000) or more in federal awards within one fiscal year, that audit must be completed no later than one -hundred and eighty (180) calendar days after the close of the SUBRECIPIENT's fiscal year. D. Submission of Audits and Audited Financial Statements. The SUBRECIPIENT shall submit to the City any and all auditor's report received by the SUBRECIPIENT related to its obligations under this Agreement within ten (10) business days of receipt. 2. A copy of the Single Audit Reporting Package, including the associated management letter, which was conducted in accordance with 2 CFR § 200.512 ("Report Submission"), or the applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice provision in this Agreement, with a copy provided to the City at the following: City of Boynton Beach Department of Financial Services Attn: Community Improvement Division 100 E Ocean Avenue Boynton Beach, FL 33435 E. The Federal Audit Clearinghouse. Audits must be submitted to the Federal Audit Clearinghouse either thirty (30) calendar days after receipt of the auditor's report, or nine (9) months after the end of the entity's fiscal year end date. Such audits shall be submitted electronically via the following website: https:Hharvester.census.gov/facweb/. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 16 of 30 171 F. Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement and may result in the withholding or denial of any requests for payment or reimbursement to the SUBRECIPIENT. Article 17: Insurance A. The SUBRECIPIENT agrees to, on a primary basis and at its sole expense, at all times throughout the duration of this Agreement maintain the following types of insurance coverage with limits and on forms (including endorsements) as described in this Article. These requirements, as well as the City's review or acceptance of insurance maintained by the SUBRECIPIENT is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the SUBRECIPIENT under this Agreement. B. The SUBRECIPIENT shall require and ensure that each of its sub-contractors/consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified in this Article and "Attachment V (Insurance Advisory Form). C. The SUBRECIPIENT shall have in full force the following insurance coverage, and will provide Certificates of Insurance to the SUBRECIPIENT priorto commencing operations underthis Agreement to verify such coverage during the duration of this Agreement: All SUBRECIPIENTs: Commercial General Liability — The SUBRECIPIENT shall maintain coverage issued on the most recent version of the Insurance Services Office (ISO) form as filed for use in Florida or its equivalent, with a limit of liability of not less than one million dollars ($1,000,000) per occurrence, general aggregate, products completed/operations aggregate, and personal advertising Injury; and, all other insurance coverage reasonably required by the City. SUBRECIPIENT further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insured. Additional Insured—Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The coverage shall contain no limitations on the scope of protection afforded the City, its officers, officials, employees or volunteers. The certificate holder and additional insured shall be listed in the name of the City of Boynton Beach, Florida. 2. SUBRECIPIENTS Providing Services at City Facilities: Workers' Compensation — The SUBRECIPIENT shall maintain coverage for its employees with statutory workers' compensation limits and no less than one million dollars ($1,000,000) for each incident of bodily injury or disease for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City if services are being provided at City facilities. Business Automobile Liability— The SUBRECIPIENT shall maintain coverage for all owned; non -owned and hired vehicles issued on the most recent version of ISO form as filed for use in Florida or its equivalent, with limits of not less than one million dollars ($1,000,000) per accident. In the event the SUBRECIPIENT does not own automobiles, the SUBRECIPIENT shall maintain coverage for hired and non -owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 17 of 30 172 3. SUBRECIPIENTs Providing Services to Vulnerable Populations: Sexual Abuse and Molestation Coverage with limits of not less than one hundred thousand dollars ($100,000) per occurrence shall also be included for those programs that provide services directly to Vulnerable Person(s). "Vulnerable Person(s)" are minors as defined in Section 1.01 (13), Florida Statutes, or vulnerable adults as defined in Section 415.102, Florida Statutes. 4. SUBRECIPIENTs Providing Services that are of a Professional Nature: Professional Liability with a limit of not less than one million dollars ($1,000,000) perwrongful act or claim. For policies written on a claims -made basis, the SUBRECIPIENT agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement. In the event the policy is cancelled, non -renewed, switched to occurrence form or any other event that triggers the right to purchase a Supplemental Extended Reporting Period ("SERP") during the life of this Agreement the SUBRECIPIENT agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the SUBRECIPIENT of the obligation to provide replacement coverage. D. Insurance carriers providing coverage required in this "Insurance" subsection must be authorized or eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial Strength Rating of A -Class VIII. E. Any request for an exception to these insurance requirements must be submitted in writing to the City for approval. F. The SUBRECIPIENT shall provide to the City current certificates of insurance evidencing all required coverage prior to execution and commencement of any operations/services provided under this Agreement. In addition to the certificate(s) of insurance the SUBRECIPIENT shall also provide copies of any applicable endorsements as required above. G. For continuing service contracts, renewal certificates shall be submitted upon request by either the City or its certificate management representative. The certificates shall clearly indicate that the SUBRECIPIENT has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) calendar days prior written notice to the City. Certificates shall specifically reference the respective Agreement number. The certificate holder shall read: City of Boynton Beach, Florida Attention: Risk Management Department 100 E. Ocean Avenue Boynton Beach, FL 33435 H. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes): Paragraphs A — G of this Article are not applicable. However, such paragraphs do apply to any of the SUBRECIPIENT's subcontractors that are not agencies or political subdivisions of the State of Florida and must be included by the SUBRECIPIENT in any such subcontracts. 2. Without waiving its right to sovereign immunity as provided in Section 768.28, Florida Statutes, the SUBRECIPIENT may self -insure its liability with coverage limits of one million Dollars Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 18 of 30 173 ($1,000,000) per occurrence or such other limited sovereign immunity as set forth by the Florida legislature. A statement of self-insurance shall be provided to the City's Risk Management Department at the address in Paragraph G of this Article. Article 18: Indemnification, Sovereign Immunity, and Liability A. Indemnification. The SUBRECIPIENT agrees to defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the SUBRECIPIENT, its officers, directors, employees, and/or agents relating to the SUBRECIPIENT's performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. B. Sovereign Immunity. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of the City's sovereign immunity provisions or protections pursuant to Section 768.28, Florida Statutes. 2. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph B.1. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. C. Liability. Unless otherwise explicitly stated in this Agreement, in no event shall either party be responsible to the other for any indirect damages, incidental damages, consequential damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty, or a breach of term of this Agreement. 2. Without waiving any of the provisions or protections under this Agreement or pursuant to Florida law, under no circumstances shall the City be liable to the SUBRECIPIENT under any contract, negligence, strict liability, or other legal or equitable theory for any amounts in excess of those limits per claim and per occurrence set forth for tort liability in Section 768.28 of the Florida Statutes, which limits are hereby made applicable to all manner of claims against the City related to this Agreement and are not confined to tort liability. D. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph C.2. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. Article 19: Independent Contractor, Non -Agent SUBRECIPIENT, and Third Parties A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is intended to, or should be construed as, creating or establishing the relationship of copartners between the parties, or as constituting the SUBRECIPIENT as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The SUBRECIPIENT is to be, and shall remain, an independent contractor with respect to all services performed under this Agreement, and that any individuals hired, or performing services or work, pursuant to this Agreement shall be considered to Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 19 of 30 174 be the employee of the SUBRECIPIENT for all purposes, including but not limited to for any worker's compensation matters. B. Non -Agent SUBRECIPIENT. The Boynton Beach City Commission has not delegated to any City officer or employee the authority to appoint any agent on the City's behalf regarding the subject matter of this Agreement. Accordingly, nothing in this Agreement is intended to, or shall be construed as to, appoint the SUBRECIPIENT as an agent of the City. Additionally, no review or approval of the SUBRECIPIENT's services, requests for reimbursement, reports, or records by the City may be construed as the City appointing the SUBRECIPIENT as an agent of the City. C. No Third -Party Claims. Nothing in this Agreement, express or implied, shall confer to a third -party — or be construed as conferring to a third -party in any way — any legal or equitable right, benefit, claim, or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal Government, the City, and the employees and/or contractors of each of the foregoing governments, shall be held harmless from liability to any third parties for claims asserted under this agreement. Article 20: Confidentiality A. Confidentiality. The parties hereby agree to maintain any confidential information transmitted by the other party over the course of this Agreement confidential to the extent that such confidentiality is lawfully permitted pursuant to Florida or Federal law. 2. The SUBRECIPIENT shall limit disclosure of its Confidential Information to the minimum necessary to properly perform under this Agreement. The SUBRECIPIENT understands that the City is subject to Florida Public Records laws and that information that SUBRECIPIENT may consider Confidential Information may be subject to disclosure absent a statutory exemption. In the event a public records request is made for Confidential Information of SUBRECIPIENT, the SUBRECIPIENT shall be responsible for defending its assertion that such records are subject to an exemption from disclosure and shall indemnify the City from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of a public records request for SUBRECIPIENT's Confidential Information where SUBRECIPIENT asserts an exemption to disclosure B. Health Insurance Portability and Accountability Act ("HIPAA") Generally. If the SUBRECIPIENT meets the definition of "Covered Entity," as defined in 45 CFR § 160.103, or a "Hybrid Entity," as defined in 45 CRF § 164.103, then: a. Before providing any services funded, in whole or in part, through this Agreement that may cause the SUBRECIPIENT to generate Protected Health Information ("PHI") as defined in 45 CFR § 160.103, the SUBRECIPIENT must first obtain legally sufficient medical release authorizations from each individual receiving such services. b. Such required medical release authorizations may be limited in scope; however, they must at least permit the disclosure of any PHI that is in any way related to the Subaward-funded services that individual(s) receive to the City for reporting, monitoring, and auditing purposes. C. The City hereby reserves the right to deny payment for any costs the SUBRECIPIENT incurs in its provision of otherwise funding -eligible services to any individual(s) for Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 20 of 30 175 A whom it does not have a valid and current medical release authorization as required by this provision. Additionally, the SUBRECIPIENT must require any of its subcontractors for which this provision is applicable to secure such requisite medical release authorizations as well. 2. Business Associate Agreements. Should the SUBRECIPIENT's provision of services under this Agreement require access to PHI generated by the City, then the SUBRECIPIENT must execute a Business Associate Agreement that complies with the standards found in 45 CFR § 164.504(e). Florida Information Protection Act ("FIPA") Pursuant to Section 501.171(g)1., Florida Statutes, "Personal Information" means either of the following: An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: (1) A social security number; (2) A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; (3) A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; (4) Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or (5) An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. b. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. 2. If, pursuant to this Agreement, the SUBRECIPIENT is maintaining, storing, or processing personal information on behalf of the City, the SUBRECIPIENT is the City's "Third -Party Agent" under FIPA and hereby agrees to comply with all obligations for such "Third -Party Agents" as detailed in Section 501.171, Florida Statutes. These obligations include, but are not limited to: a. Taking reasonable measures to protect and secure data in electronic form containing personal information; and b. Providing notice to the City in the event of a breach of security of the SUBRECIPIENT's system as expeditiously as practicable, but no later than ten (10) calendar days following the determination of the breach of security or reason to believe the breach occurred. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 21 of 30 176 3. The SUBRECIPIENT shall be responsible and liable for all costs associated with any required notices, fines, or fees assessed against the City for any breach of Personal Information that is the fault of the SUBRECIPIENT. Article 21: Remedies for Noncompliance A. Remedies for Noncompliance. Pursuant to 2 CFR § 200.339 ("Remedies for Noncompliance"), if the SUBRECIPIENT fails to comply with the U.S. Constitution, federal statutes, regulations, or the terms and conditions of a Federal Award or any additional conditions that the Federal Awarding Agency or City may impose, and the Federal Awarding Agency or City determine that such noncompliance cannot be remedied by imposing additional conditions, the Federal Awarding Agency or City may take one or more of the following actions, as appropriate in the circumstances: Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT or more severe enforcement action by the Federal Awarding Agency or City; 2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate this Agreement; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated at the recommendation of the City; 5. Withhold further Federal Awards for the project or program; or 6. Take other remedies that may be legally available. Article 22: Termination A. Termination for Convenience by the City. Pursuant to 2 CFR Part 200, Appendix II, Paragraph B, contracts made pursuant to a Federal Award must address termination for convenience by the City including the manner by which it will be affected and the basis for settlement. As such, the City may terminate this Agreement for convenience by providing a written thirty (30) calendar day notice to the SUBRECIPIENT. B. Termination by the SUBRECIPIENT. Pursuant to 2 CFR § 200.340(a)(4), the SUBRECIPIENT may terminate this Agreement upon sending the City written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward was made, the City may terminate the Subaward in its entirety. Additionally, a SUBRECIPIENT's failure to complete performance on a Subaward in the manner initially agreed upon may compromise the SUBRECIPIENT's ability to receive subawards, other grants, or any other contract opportunities from the City in the future. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 22 of 30 177 C. Termination for Cause. Immediate Termination. a. The City reserves the right of "Immediate Termination" of this Agreement, with such termination to be effectuated as of the SUBRECIPIENT's receipt of written notice which may be hand -delivered or transmitted by electronic mail to the SUBRECIPIENT's Agreement Liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B. Notwithstanding the foregoing, the City, as a courtesy, may additionally provide the SUBRECIPIENT with such notice in the manner provided in Article 5 ("Notice") of this Agreement. b. Immediate Termination pursuant to this provision shall be permitted for any number of the following reasons: (1) The Federal Awarding Agency terminates the Federal Award; (2) Any circumstance under which the City is no longer receiving Federal Award funds to reimburse the SUBRECIPIENT occurs; (3) The amount invoiced by the SUBRECIPIENT meets or exceeds the amount of the Subaward provided for in this Agreement; (4) The SUBRECIPIENT files bankruptcy or otherwise becomes insolvent; (5) The SUBRECIPIENT is determined to be ineligible to do business in the State of Florida; (6) If the SUBRECIPIENT is a non-profit agency, loss of the SUBRECIPIENT's non-profit status; or (7) As otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. The City may terminate this Agreement for cause upon providing a written fourteen (14) calendar day breach of contract and termination notice. Such termination for cause may be for any material breach of this Agreement, or if the City, using its sole discretion, determines that the SUBRECIPIENT is unable to perform under this Agreement. 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or accept the SUBRECIPIENT's proposed cure if such an opportunity is provided, the City reserves the right to provide the SUBRECIPIENT the opportunity to cure any stated breach. Such opportunity to cure can be used in tandem with, or in lieu of, a Letter of Findings issued in accordance with Article 15 ("Monitoring Requirements") of this Agreement. If the City provides such opportunity to cure, shall: a. Provide the opportunity to cure as a part of the City's breach of contract and termination notice; and b. Allot an appropriate deadline by which the SUBRECIPIENT must provide its proposed cure to the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 23 of 30 178 4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the SUBRECIPIENT's damages for such termination, if any, shall be the same as if the City terminated this Agreement for convenience. D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement was due to the SUBRECIPIENT's material failure to complywith the Subaward's terms and conditions, the City reserves the right to report the SUBRECIPIENT to the Federal Awarding Agency so that it may report the termination to the OMB -designated integrity and performance system accessible through the federal System of Award Management ("SAM"). E. In the Event of Termination. After receipt of a notice of termination, except as otherwise directed, the SUBRECIPIENT shall take all of the following actions: Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the requirements in 2 CFR §§ 200.344 ("Closeout") and 200.345 ("Post -Closeout Adjustments and Continuing Responsibilities"); 2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not yet been recouped by the City (if any); 3. Stop working under this Agreement on the date of receipt of the notice of termination unless otherwise stated in such notice; 4. Place no further orders and enter into no further agreements to the extent that either relate to the performance of the work which was terminated and direct any subcontractors to do the same; 5. Terminate all orders and subcontracts to the extent that they relate to the performance of the work, which was terminated; 6. Finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the date of termination, up to and including the final invoice due at the end of the project without reimbursement beyond that due as of the date of termination for services rendered to the termination date; 7. Take any other actions as reasonably directed in writing by the City. F. Payment in Event of Termination. If this Agreement is terminated before performance is completed, whether for convenience or cause, the SUBRECIPIENT shall be paid for the work or services satisfactorily performed. In the event the Agreement is terminated for cause, the City shall be entitled to collect all or part of any funds owed to the City by the SUBRECIPIENT by deduction from the reimbursement or payment amount due the SUBRECIPIENT. No other damages, fees, or costs may be assessed against the City for its termination of the Agreement. G. Force Majeure. The SUBRECIPIENT shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by explosion, war, embargo, government requirement, civil or military authority, pandemic, act of God, or other similar causes beyond the SUBRECIPIENT's control so long as the SUBRECIPIENT's delay Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 24 of 30 179 is not caused by the SUBRECIPIENT's own fault or negligence. Notwithstanding the foregoing, the SUBRECIPIENT cannot claim Force Majeure under this provision for any emergency, exigency, or "Act of God" that is specifically contemplated within the "Scope of Services" of this Agreement, or which in any way existed at the time this Agreement was executed. 2. The above notwithstanding, in order to claim delay pursuant to this provision, the SUBRECIPIENT shall notify the City in writing within seven (7) business days after the beginning of any such cause that would affect its performance under this Agreement. Failure to notify the City in a timely manner of any claim of Force Majeure made pursuant to this provision is cause for termination of this Agreement. 3. If the SUBRECIPIENT's performance is delayed pursuant to this provision for a period exceeding seven (7) business days from the date the City receives the required Force Majeure notice, the City shall have the right to terminate this Contract thereafter and shall only be liable to the SUBRECIPIENT for any work performed pursuant to this Agreement prior to the date of the City's termination. 4. No other damages, fees, or costs may be assessed against the City for its termination of this Agreement pursuant to this provision. Nothing in this provision shall prevent the City from terminating this Agreement for any purpose otherwise expressly stated in this Agreement. Article 23: General Provisions (Alphabetical) A. Assignments and Successors. The parties deem the services to be rendered pursuant to this Agreement to be personal in nature. Each party binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither party shall assign, sublet, convey, or transfer its interest in this Agreement without the written consent of the other, which consent shall be in the sole determination of the party with the right to consent. B. Attorneys' Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall each bear their own costs, expert fees, attorneys' fees, and other fees incurred in connection with this Agreement and any action or proceeding arising out of or relating to this Agreement (an "Action"). C. Conflicts. The SUBRECIPIENT shall comply with all applicable local, state, and federal laws, regulations, executive orders, and the policies, procedures, and directives of the Federal Awarding Agency. Should there be conflict between the various applicable laws and this Agreement, the most restrictive shall govern. D. Construction and Representations. Each party acknowledges that it has had the opportunity to be represented by counsel of such party's choice with respect to this Agreement. In view of the foregoing, and notwithstanding any otherwise applicable principles of construction or interpretation, this Agreement shall be deemed to have been drafted jointly by the parties and in the event of any ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied upon any representations or statements made by the other party to this Agreement which are not specifically set forth in this Agreement. E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in counterparts, both of which shall be deemed an original and which taken together shall constitute one agreement. Any counterpart may be delivered by any party by electronic transmission of the full Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 25 of 30 180 Agreement as executed by that party to the other party as mutually agreed upon by the parties, and delivery shall be effective and complete upon completion of such transmission. F. Governing Law. This Agreement shall be considered as having been entered into in the State of Florida and shall be construed and interpreted in accordance with the laws of that state. G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement, including the Table of Contents or Table of Terms and Provisions, are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. H. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any right that party does or might have to a trial by jury related to any Action. Remedies. No remedy conferred upon any party in this Agreement 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 rights, power, or remedy hereunder shall preclude any other or further exercise thereof. Severability. The provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependence is a material inducement for the parties to enter into this Agreement. Therefore, should any material term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. K. Signatory. Each signatory below represents and warrants that he or she has full power and is duly authorized by their respective party to enter into and perform under this Agreement. Such signatory also represents that he or she has fully reviewed and understands the above conditions and intends to fully abide by the conditions and terms of this Agreement as stated. Survivorship. Those provisions which by their nature are intended to survive the expiration, cancellation, or termination of this Agreement, including, by way of example only, the indemnification and public records provisions, shall survive the expiration, cancellation, or termination of this Agreement. M. Use of City and SUBRECIPIENT Logos. Both parties are prohibited from use of any and all of the other party's emblems, logos, or identifiers without written permission from that party. N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court of competent jurisdiction sitting in Boynton Beach, Florida, regarding any Action, and further agrees that any such Action shall be heard and determined in such Florida federal or state court. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Boynton Beach, Florida. O. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 26 of 30 181 any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. P. Written Modification. No modification of this Agreement shall be binding upon any party to this Agreement unless it is reduced to writing and is signed by a duly authorized representative of each party to this Agreement. 2. Notwithstanding the above subparagraph, the parties hereby recognize that the Federal Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted to unilaterally "pass -down" to the SUBRECIPIENT without formal amendment to this Agreement. 3. The City shall provide notice such unilateral amendments to the SUBRECIPIENT in a timely fashion to both by electronic mail to the SUBRECIPIENT agreement liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B. 4. The SUBRECIPIENT hereby agrees to work with the City in good faith to make any additional amendments to this Agreement as may be necessary pursuant to directive provided by the Federal Awarding Agency. Article 24: Attachments The documents provided for in the table below are hereby incorporated by both reference and attachment and therefore form a material part of this Agreement. Attachment Name Attachment Title Form 1 E -Verify Use and Registration Certification Form 2 Public Entity Crimes and Scrutinized Companies Certification Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise "WBE" , and Labor Surplus Area Firm Certification Form 4 Federal Suspension and Debarment Certification Form 5 Certification Regarding Lobbying Exhibit A Required Information for Federal Subawards Schedule Exhibit B Scope of Services Exhibit C Budget Attachment 1 Insurance Advisory Form Article 25: Entire Aqreement This Agreement, and any documents incorporated, referenced, or attached to this Agreement, sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements, Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 27 of 30 182 negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. [ SIGNATURES ON FOLLOWING PAGES] [ REMAINDER OF PAGE LEFT BLANK] Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 28 of 30 183 CITY OF BOYNTON BEACH, FLORIDA SIGNATURE PAGE The City has executed this Agreement on the date set forth below. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of .20 . CITY OF BOYNTON BEACH, FLORIDA: ATTEST: City Clerk — Signature Approved as to form: City Attorney— Signature Mayor— Signature SUBRECIPIENT SIGNATURE ON FOLLOWING PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 29 of 30 184 SUBRECIPIENT SIGNATURE PAGE BOYNTON BEACH, FLORIDA'S SIGNATURE ON PREVIOUS PAGE The SUBRECIPIENT has executed this Agreement on the date set forth below. SUBRECIPIENT AGENCY: Subrecipient Agency — Signature Print Name Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 20, by Personally, Known _ OR Produced Identification Type of Identification Produced Seal NOTARY PUBLIC Notary — Signature Print Name Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 30 of 30 185 Form 1 E -Verify Registration and Use Certification C01 IIIRIII,,,,,IE'"III"'1110114 OF "'I'"IHIIIS 111::::011111M IIS IRIIf;i OUIlR1lf;ialf111::::0IR All 11 SUIG IIf IECIIIII.'.Illlllf..:.IN'I"' Please note that the City will verify that the SUBRECIPIENT has an active registration on https:He-verify.gov. If the SUBRECIPIENT does not have an active registration noted on the E -Verify website because the Federal Government has not yet updated its website, it must then provide a copy of the E -Verify Memorandum of Understanding for Employers that the SUBRECIPIENT received upon registration to the City. E -VERIFY REGISTRATION USE CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this E -Very Use and Registration Certification and Affidavit. B. The SUBRECIPIENT is registered with the United States Department of Homeland Security's E -Verify system to verify the work authorization status of all employees hired during the term of this Agreement and shall provide evidence of such registration to the City upon request. C. The SUBRECIPIENT does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. D. The SUBRECIPIENT shall require all subcontractors performing work under this Agreement to provide an affidavit stating that such subcontractors do not employ, contract with, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 1 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 186 Form 2 Public Entity Crimes and Scrutinized Companies Certification C01Y IIIRIII,,,,,IE"'III"'1110114 OFI'111- ITIS 111::::011111M IIS IRIIf;i OUlllllR1lf;ialf I11::::01R All 11 SUIG IIf IECIIIIPIIIIIf..:.IN'I" Part 1: Certification of Compliance with Section 287.133, Florida Statutes (Public Entity Crime) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. Neither the SUBRECIPIENT, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the SUBRECIPIENT, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989. B. The SUBRECIPIENT has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list. C. The SUBRECIPIENT acknowledges that for the purposes of this certification, the terms "public entity crime," "convicted," and "affiliate," are as defined in Section 287.133, Florida Statutes, which the SUBRECIPIENT has reviewed prior to the execution of this certification. D. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statute subsequent to entering into this Agreement with the City. E. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT's status under Section 287.133, Florida Statutes, changes in any manner. Part 2: Certification of Compliance with Section 287.135, Florida Statutes (Scrutinized Companies) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. The SUBRECIPIENT certifies that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes. B. The SUBRECIPIENT is not: On the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, and the SUBRECIPIENT is not engaged in a boycott of Israel; Community Development Block Grant Subaward Agreement — Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 187 Form 2 Public Entity Crimes and Scrutinized Companies Certification (Continued) 2. On the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List," created pursuant to Section 215.473, Florida Statutes; or 3. Engaged in business operations in Cuba or Syria. C. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement with the City. D. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT's status under Section 287.135, Florida Statutes, changes in any manner. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 188 Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise ("WBE"), and Labor Surplus Area Firm Certification C01MIll:)III IE i 101N OF "'fill°tills IIf:::011zim IIIS IRil:.; Ulllllf llf;;alf l::::0IR Ali 11. SUIBIIfZIEClllll:)lllllf..:.Im'rs CERTIFICATION OF COMPLIANCE WITH 2 CFR § 200.321 The undersigned hereby certifies on behalf of the SUBRECIPIENT, that the SUBRECIPIENT will comply with all of the following should the SUBRECIPIENT subcontract using any portion of the Subaward: A. When selecting subcontractors and making procurements with the Subaward, the SUBRECIPIENT shall take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus firms are used whenever possible while expending the Subaward. B. Pursuant to 2 CFR § 200.321, such affirmative steps must include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. The SUBRECIPIENT understands that it must pass this obligation down to its subcontractors (if any). Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 3 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 189 Form 4 Federal Suspension and Debarment Certification C0114 1l:)111,,,,,IE"'III"'111O1N OF "'fill°iIIIS l::::011111M IIS IRIIf;; C Ulllllf llf;;all IIf:::O1R Ali 11. SUI IIf IECIIlli:)i1111f..:.im fS Please note that the City will verify that the SUBRECIPIENT has an active registration with SAM.gov on https://www.SAM.gov. If the SUBRECIPIENT does not have an active registration noted in the SAM.gov system, then this Agreement will not be executed by the City. FEDERAL SUSPENSION AND DEBARMENT CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this Federal Suspension and Debarment Certification. B. The SUBRECIPIENT complies with 2 CFR Part 180, Subpart C ("Responsibilities of Participants Regarding Transactions Doing Business with Other Persons"). C. The SUBRECIPIENT is registered and maintains an active registration with SAM.gov and will maintain an active registration with SAM.gov for the entire term of this Agreement. D. The SUBRECIPIENT does not appear on the SAM Exclusions list and shall notify the City within five (5) business days if it is added to the SAM Exclusions list, or should its status under the SAM system change in any way during the term of this Agreement. E. The SUBRECIPIENT shall include a requirement to comply with 2 CFR Part 180, Subpart C in any lower tier covered transactions into which it enters. F. The SUBRECIPIENT understands and agrees that the City reserves the right to institute additional restrictions and conditions to this Agreement, terminate this Agreement, and pursue any other remedy available under local, state, and federal law, should the SUBRECIPIENT: (1) be found to have misrepresented its SAM.gov status in any manner; or (2) fail to notify the City of any change in its status under the SAM.gov system. This certification is a material representation of fact relied upon by the City. If it is later determined that the SUBRECIPIENT fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to, suspension or debarment. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 4 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of f 190 Form 5 Certification Regarding Lobbying C01M1l:N1 IE i 101N OF "'I"III°fills IIf:::011fzll IS COlmllf 111"'rloNAIII,,,,, This form is required for all SUBRECIPIENTs receiving a Subaward in an amount that exceeds $100,000. Does the Subaward exceed $100,000? No If "No" then the SUBRECIPIENT may disregard this form. If `'Yes" then the SUBRECIPIENT hereby executes the following Certification Regarding Lobbying as required by 31 USC § 1352: CERTIFICATION REGARDING LOBBYING 31 USC § 1352 Part 1: Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies on behalf of the SUBRECIPIENT that: A. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the SUBRECIPIENT shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. C. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Part 2: Statement for Loan Guarantees and Loan Insurance The undersigned certifies on behalf of the SUBRECIPIENT that: A. If any funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the SUBRECIPIENT shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. Community Development Block Grant Subaward Agreement — Form 5 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 191 Form 5 Certification Regarding Lobbying (Continued) B. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency — Signature Printed Name [ REMAINDER OF PAGE LEFT BLANK] Title Date Community Development Block Grant Subaward Agreement — Form 5 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 192 Exhibit A Required Information for Federal Subawards Table REQUIRED PURSUANT TO 2 CFR § 200.332 Federal Requirements Subaward-Specific Information SUBRECIPIENT Name (registered name in SAM.gov): Boynton Beach Faith Based Community Development Corporation, Inc. SUBRECIPIENT's Unique Entity Identifier (UEI): GZS6GQ1CQFM9 Federal Award Identification Number (FAIN): N/A (CDBG Multiple Years Rollover Funds) Federal Award Date: N/A (CDBG Multiple Years Rollover Funds) Subaward Period of Performance Start and End Date: Start: Upon Execution End: 09/30/2024 Federal Award Budget Period Start and End Date: Start: 10/01/2023 End: 09/30/2024 Amount of Federal Funds obligated by this action by the $40,000.00 Pass -Through Entity to the SUBRECIPIENT: Total Amount of Federal Funds Obligated to the SUBRECIPIENT by the Pass -Through Entity including $40,000.00 the current financial obligation: Total Amount of the Federal Award committed to the $40,000.00 SUBRECIPIENT by the Pass -Through Entity: Federal subaward Project Description: 24 CFR 570.201(e) — Public Services Activity — Senior Services; National Objective 24 CFR Part 570.208 (a)(2)(i)(A) Name of Federal Awarding Agency: U.S. Department of Housing and Urban Development (HUD) Name of Pass -Through Entity: City of Boynton Beach Pass -Through Entity's Awarding Official Contact Name: Ty Penserga, Mayor Information: Email: PensergaTabbfl.us Phone: 561-742-6010 CFDA Number and Name: Number: 14.228 Name: Community Development Block Grant Is the Subaward R&D related?: No Is there an indirect cost rate for the Subaward?: No Requirements of the Federal Award imposed on the Yes, see the terms of the Agreement and SUBRECIPIENT?: attached exhibits and forms. Are there any additional requirements imposed on SUBRECIPIENT in order for the Pass -Through Entity to Yes, see the terms of the Agreement and meet its own reporting responsibilities to the Federal attached exhibits and forms. Awarding Agency?: Is there a requirement that the SUBRECIPIENT must Yes, see: Article 14 ("Maintenance, permit the Pass -Through Entity and auditors to have Retention and Access to Records") and access to the SUBRECIPIENT's records and financial Article 16 ("Audit Requirements"). statements?: Are there appropriate terms and conditions concerning Yes, see: Article 13 ("Progress Reporting closeout of the Subaward?: and Subaward Closeout") Community Development Block Grant Subaward Agreement — Exhibit A City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 193 Exhibit B Scope of Services Elder Care Program — Aging in Place Scope of Services The Elder Care Program - Aging In Place consists of 3 basic components: 1) Food & Nutritional Education connecting seniors to local network of partners and resources, and engaging them in managing their wellness, both physical and mental, treatments, and medications through healthy diet and exercising by providing - Healthy Meals, Fresh Fruits and Vegetables; 2) Social Activities that address the health impact from senior isolationism - programs are offered at least twice a month and include physical activities, (chair, exercising, chair yoga, meditation), arts and crafts, music, cultural celebrations, and games; 3) Basis Essential Social Services for financial assistance, housing, emergency medical supplies, transportation, and resources and referrals. CDBG funds will be assist the SUBRECIPIENT to partially pay staff salary for those providing direct services to Senior through the Elder Care Program. [ REMAINDER OF PAGE LEFT BLANK] Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 194 EXHIBIT C Based on the "Scope of Services" as set forth in Exhibit B, below is the established budget and activities for this Agreement: Project Phase CDBG Funds Personnel $36,940.00 Payroll Taxes & Benefits $ 3,060.00 Totals $40,000.00 FUNDING AND METHOD OF PAYMENT: It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from the federal CDBG Program; and funds are subject to HUD's approval of the CITY's CDBG FY 2023 Annual Action Plan; and the approved reimbursements through HUD's Integrated Disbursement and Information System (IDIS). The services provided with this funding will be to serve low -to -moderate income (LMI) individuals that are 80% or below, the area median income (AMI). A signed and dated household income certification form and proof of income (e.g. pay stubs, retirement benefits, signed and dated income self -certification form, etc.) from individuals served, is required to be kept in individual's file. All reimbursement requests must be supported by an appropriate level of expense support documentation and progress reporting clearly demonstrating that the applicable progress threshold for the request has been achieved. All requests for reimbursement shall adhere to the standards set forth in Article 10: Reimbursement Requests and Article 11: Payment Terms. Failure for SUBRECIPI ENT to adhere to these standards may result in delay of payment and / or disallowance of funding. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 195 Attachment 1 The following are hereby incorporated into this "Attachment 1" (Insurance Advisory Form) by reference: City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of'vendor) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Aggregate - $1,000,000.00 Combined Single Limit $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 196 Community Development Block Grant (CDBG) Subaward Agreement between City of Boynton Beach, Florida and Legal Aid Society of Palm Beach County, Inc. for a CDBG subaward of an amount not to exceed $7,500.00 from a federal award issued by U.S. Department of Housing and Urban Development for the specific purpose of Public Services Activity — Fair Housing Project. SUBAWARD COVERSHEET INTERNAL TABLE — FOR CITY INTERNAL USE ONLY City Contract No.: City Contract No. Resolution R23 — 098 Financial Services Department: Community Improvement Division CDBG Eligible Activity 24 CFR 570.201(e) — Public Services Activity — Legal Services, Tenant/Landlord Counseling; National Objective 24 CFR Part 570.208 a 1 i TABLE OF TERMS AND PROVISIONS Article 1: Standard CDBG Form Subaward Agreement................................................................................................. 1 Article2: The Parties...................................................................................................................................................... 1 Article 3: Notice of Federal Subaward............................................................................................................................ 1 Article 4: Term of Agreement and Subaward Period of Performance........................................................................... 3 Article5: Notice.............................................................................................................................................................. 3 Article 6: SUBRECIPIENT's Obligations and Responsibilities....................................................................................... 3 Article 7: Procurement and Subcontracting Standards.................................................................................................. 5 Article8: Property Standards......................................................................................................................................... 7 Article9: Budget............................................................................................................................................................. 7 Article 10: Reimbursement Requests............................................................................................................................. 8 Article11: Payment Terms........................................................................................................................................... 10 Article12: Return of Funds........................................................................................................................................... 11 Article 13: Progress Reporting and Subaward Closeout............................................................................................. 12 Article 14: Maintenance, Retention, and Access to Records....................................................................................... 13 Article 15: Monitoring Requirements............................................................................................................................ 15 Article16: Audit Requirements..................................................................................................................................... 15 Article17: Insurance..................................................................................................................................................... 17 Article 18: Indemnification, Sovereign Immunity, and Liability..................................................................................... 19 Article 19: Independent Contractor, Non -Agent SUBRECIPIENT, and Third Parties ................................................. 19 Article20: Confidentiality.............................................................................................................................................. 20 Article 21: Remedies for Noncompliance..................................................................................................................... 22 Article22: Termination.................................................................................................................................................. 22 Article23: General Provisions................................................................................................................................... 255 Article24: Attachments................................................................................................................................................. 27 Article25: Entire Agreement........................................................................................................................................ 27 Community Development Block Subaward Grant Agreement — Coversheet City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page i of ,1 97 Article 1: Standard CDBG Subaward Form Agreement A. This CDBG Subaward Agreement ("Agreement") is a "Standard CDBG Subaward Form Agreement." Any changes to this standard form shall be noted separately through an amendment to the Agreement which must be separately executed by the parties to this Agreement in order to be binding upon the parties. Article 2: The Parties A. This Agreement is entered into by and between the two parties indicated in the following table: TABLE 1 —THE PARTIES Party #1 Name: City of Boynton Beach (the "City") Entity Type: A Florida Municipal Corporation Principal Address: 100 E. Ocean Avenue Boynton Beach, Florida 33435 Agreement Liaison Name: Dan Dugger, City Manager Email Address: duggerd@bbfl.us Party #2: Name: Legal Aid Society of Palm Beach County, Inc., a Non -Profit Organization (the "SUBRECIPIENT") Entity Type: 501(c)(3) Not -for -Profit Principal Address: 423 Fern Street, Suite 200 West Palm Beach, FL 33401 Agreement Liaison Name: Robert A. Bertisch, Esq., Executive Director Email Address: rbertisch@legalaidpbc.org B. The City and the SUBRECIPIENT may unilaterally re -designate their respective agreement liaisons by providing written notice of such change to the other party in accordance with Article 5 ("Notice") of this Agreement. C. Both the City and the SUBRECIPIENT may be individually referred to as "party" or collectively referred to as "parties" in this Agreement. Article 3: Federal Subaward Information A. Subaward Information. The table below provides basic information regarding the underlying subaward pursuant to which this Agreement is being entered. Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 30 198 TABLE 2 — SUBAWARD INFORMATION Subaward Project Public Services Activity — Legal Aid and Counseling - Fair Housing Description: Project through a Non -Profit Organization (the "SUBRECIPIENT"). Awarding Agency U.S. Department of Housing and Urban Development (the "Federal Description: Awarding Agency") — Community Development Block Grant (the "Federal "Grantee"). Award") — City of Boynton Beach (the Subaward ID No.: Resolution R23 — 098 Resolution Date: 08/1/2023 B. Federal Subaward Amount. The amount of the underlying subaward is: $7,500.00. C. SUBRECIPIENT Compliance with Federal Subaward. At all times during which the SUBRECIPIENT is performing under this Agreement, the SUBRECIPIENT shall comply with the award terms and conditions of the underlying Federal subaward, as well as with any guidance provided by the Federal Awarding Agency. D. Compliance with the Federal Uniform Guidance. The SUBRECIPIENT shall comply with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the "Uniform Guidance") when meeting its obligations under this Agreement. E. References for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance — or any other applicable federal, state, or local law — that are referenced in this Agreement are referenced for emphasis only. The exclusion of a specific applicable provision of law from this Agreement does not alleviate the SUBRECIPIENT from its obligation to comply with any such applicable provisions. F. By executing this Agreement, the SUBRECIPIENT hereby certifies that it has reviewed 2 CFR Part 200 and any relevant Federal Awarding Agency guidance and that it understands its obligations pursuant to such federal regulations and guidance. G. Federal Subaward Amount. The amount of the Federal Subaward issued pursuant to this Agreement is an amount not to exceed $7,500.00 (the "Subaward"). This Agreement's use of "an amount not to exceed" shall in no way entitle the SUBRECIPIENT to reimbursement or payment of the maximum amount provided unless such reimbursement or payments have been earned by the SUBRECIPIENT in accordance with the terms and provisions of this Agreement. H. Required Information. Any additional information required pursuant to 2 CFR § 200.332 ("Requirements for Pass -Through Entities") may be found in the Required Information for Federal Subawards Schedule attached to this Agreement as "Exhibit A." Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 2 of 30 199 Article 4: Term of Agreement and Subaward Period of Performance A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the "Effective Date") and shall terminate on: 09/30/2024, unless extended or renewed in accordance with the terms of this Agreement. B. Subaward Period of Performance. 1. The "Subaward Period of Performance" is the time during which the SUBRECIPIENT may incur obligations to carry out the work or services authorized under this Agreement. The SUBRECIPIENT may not invoice for any work completed, or services rendered, outside of the Subaward Period of Performance. This provision is required pursuant to 2 CFR § 200.332(a)(1)(v). 2. The Subaward Period of Performance of this Agreement is: UPON EXECUTION to 9/30/2024. Article 5: Notice Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be deemed effective as of date of receipt. TABLE 3 — NOTICE To the City: City of Boynton Beach Attn: Dan Dugger, City Manager City Manager's Office, 4t". Floor 100 E. Ocean Avenue Boynton Beach, Florida 33435 To the SUBRECIPIENT: Legal Aid Society of Palm Beach County, Inc. Attn: Robert A. Bertisch, Esq., Executive Director 423 Fern Street, Suite 200 West Palm Beach, Florida 33401 Article 6: SUBRECIPIENT's Obligations and Responsibilities A. Scope of Services. The SUBRECIPIENT shall be responsible for meeting the objectives of this Subaward, as detailed in the "Scope of Services" attached to this Agreement as "Exhibit B", in a manner that is deemed satisfactory by the City and consistent with the standards set forth in this Agreement, the Federal Award, and any directives or guidance issued by the Federal Awarding Agency. 2. The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize funds provided pursuant to this Agreement for any activity or purpose not included in, or in conformance with, the "Scope of Services." Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 3 of 30 200 B. SUBRECIPIENT's Agreement Liaison. The SUBRECIPIENT's agreement liaison identified in TABLE 1 — THE PARTIES, or as re -designated pursuant to Article 2, Paragraph B above, shall be available to communicate and meet with the City's agreement liaison and relevant City staff in order to review the SUBRECIPIENT's performance pursuant to this Agreement. The City reserves the right to, at no additional cost to the City, require that the SUBRECIPIENT change its agreement liaison if the City's agreement liaison believes doing so best serves the performance or objectives of the Subaward, or this Agreement. C. Licenses and Approvals. The SUBRECIPIENT hereby represents and warrants that it has and will continue to maintain all licenses, insurances and approvals required to meet its obligations under the Scope of Services, and that it will at all times conduct its activities in a reputable manner. Proof of such licenses, insurances and approvals shall be submitted to the City within three (3) business days upon request. Failure by the City to request such proof of licensure, insurance and approvals shall in no manner be construed as alleviating the SUBRECIPIENT's obligations pursuant to Paragraph C of this Article, nor shall it be construed as shifting or imposing any liability onto the City. D. Employees of the SUBRECIPIENT. Skillful Provision of Services. All services or work provided pursuant to this Agreement shall be performed by the employees, volunteers, associates, or agents of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) in a professional and skillful manner. 2. Employee Licensure. Any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) whose performance under this Agreement requires licensure shall have such valid and active licensure for the full duration of their performance under this Agreement. 3. Removal of Employees. The City may require the SUBRECIPIENT to remove any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) that the City's agreement liaison — using their sole discretion — deems to be incompetent, careless, or otherwise objectionable from performing work or services related to this Agreement. The City shall not be responsible for any costs related to such removal. 4. E -Verify Use and Registration Certification. Pursuant to Section 448.095, Florida Statutes, the SUBRECIPIENT must certify that it is registered with, and uses, the E -Verify system to verify the work authorization status of all newly hired employees. The SUBRECIPIENT must further certify that it does not employ, contract with, or subcontract with an unauthorized alien, and shall provide an affidavit affirming this prior to the effective date of the contract. These certifications shall be provided by use of the E -Verify Use and Registration Certification found attached to this Agreement as "Form 1 ". Violation of s. 448.095, Florida Statutes, may result in the Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement. E. Non -Discrimination. The SUBRECIPIENT shall, at no time during the provision of services funded through this Agreement, discriminate based on race, color, religion, national origin, sex, or sexual orientation. 2. The SUBRECIPIENT shall comply with any and all federal, state, and local anti -discrimination laws, rules, and regulations. For further information about the federal anti -discrimination requirements for this Agreement, see 2 CFR Part 200, "Uniform Guidance Contract Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 4 of 30 201 Provisions" located at: eCFR :: 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. F. Inherently Religious Activities. When expending the Subaward, the SUBRECIPIENT must adhere to the following conditions: The SUBRECIPIENT must not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of its provision of the services funded in whole or in part by the Subaward; 2. Such inherently religious activities must be offered separately, in time or location, from the Subaward-funded services; and 3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries of the Subaward-funded services; therefore, the SUBRECIPIENT shall not implicitly or explicitly condition receipt of any services funded in whole or part by the Subaward on participation in any inherently religious activities. G. Public Entity Crimes and Scrutinized Companies. By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this Agreement as "Form 2," the SUBRECIPIENT must certify that: a. The SUBRECIPIENT does not meet the definition of "Scrutinized Company" pursuant to Section 215.473, Florida Statutes; and b. The SUBRECIPIENT — or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the SUBRECIPIENT or an affiliate of the SUBRECIPIENT — has not been convicted of a public entity crime pursuant to Section 287.133(3), Florida Statutes. 2. The City reserves the right of Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement should the SUBRECIPIENT: a. Be found to have falsified its certification in "Form 2"; or b. Become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to either Section 287.133, Florida Statutes ("Public Entity Crime; Denial or Revocation of the Right to Transact Business with Public Entities") or Section 287.135, Florida Statutes ("Prohibition Against Contracting with Scrutinized Companies") subsequent to entering into this Agreement with the City. Article 7: Procurement and Subcontracting Standards A. Procurement. The SUBRECIPIENT must comply with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and must use such procedures when expending the Subaward where SUBRECIPIENT is conducting its own procurement to satisfy the objectives of this Subaward, as detailed in the "Scope of Services", attached as "Exhibit B". Does the SUBRECIPIENT maintain written purchasing procedures in compliance with the aforementioned federal Procurement Standards? "Yes" or "No": Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 5 of 30 202 If "Yes," then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it maintains written purchasing procedures in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and will use such procedures when expending the Subaward. If "No," then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it does not maintain written purchasing procedures that are in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards"). As such, the SUBRECIPIENT hereby agrees to develop and use written purchasing procedures in compliance with the Procurement Standards for expending the Subaward OR agrees to use the City's Purchasing Policy Manual. The City's Purchasing Policy Manual can be obtained by contacting the City's Purchasing Manager at 561-742-6322 or PintoK@bbfl.us B. Simplified Acquisition Threshold. The "Simplified Acquisition Threshold" means the dollar amount below which a non -Federal entity may purchase property or services using small purchase methods. For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00. The Simplified Acquisition Threshold provided for in this Agreement is the one that the SUBRECIPIENT — and any of its sub-SUBRECIPIENTs — must use when making its expenditures of the Subaward. If SUBRECIPIENT is utilizing the City's purchasing procedures, SUBRECIPIENT must use the City's more restrictive (lower) simplified acquisition threshold. C. Subcontracting. 1. Federally Required Contract Provisions and Award Terms and Conditions. The SUBRECIPIENT shall insert the relevant contract provisions and certification documents identified in Appendix II of 2 CFR Part 200 ("Contract Provisions for Non -Federal Entity Contracts Under Federal Awards") applicable award terms into all contracts into which it enters while expending the Subaward. 2. Small and Minority Business Enterprises ("MBE"), Women Business Enterprises ("WBE"), and Labor Surplus Area Firms. The SUBRECIPIENT must execute the Small and Minority Business Enterprise ("MBE'), Women Business Enterprise ("WBE'), and Labor Surplus Area Firm Certification attached as "Form 3" stating that the SUBRECIPIENT shall take the "Five Affirmative Steps" regarding Small and Minority Business Enterprise, Women Business Enterprises, and Labor Surplus Area Firms in the solicitation and selection of subcontractor(s) or procurements as required by the Federal Government in 2 CFR § 200.321. 3. Engaging in subcontracting, pursuant to this Agreement without complying with the requirements of this article is strictly prohibited. D. Sub-Subawards. Approval by the City. The SUBRECIPIENT shall not issue sub-subawards to any non - Federal entity without first receiving approval from the City. 2. Pass -Through Requirements. a. The SUBRECIPIENT must pass through all obligations of the Federal Award and any placed upon the SUBRECIPIENT under this Agreement to any of its sub- SUBRECIPIENTs through a federally -compliant SUBRECIPIENT agreement. Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 6 of 30 203 b. The SUBRECIPIENT must comply with all provisions of 2 CFR § 200.332 ("Requirements for Pass -Through Entities") and any other applicable provisions of the Uniform Guidance when issuing a subaward to a sub-SUBRECIPIENT. E. SUBRECIPIENT/Contractor Determinations. Prior to entering into an agreement with a third -party entity that is in part or in whole funded by the Subaward, the SUBRECIPIENT shall analyze the nature of such agreement pursuant to the provisions of 2 CFR § 200.331 ("SUBRECIPIENT Subcontractor Determinations") to determine which type of relationship and requirements apply. Article 8: Property Standards A. By executing this Agreement, the SUBRECIPIENT hereby certifies that it shall comply with 2 CFR §§ 200.310-200.316 ("Property Standards") and will use such procedures when handling and managing any supplies, equipment, real estate, or other property procured with any portion of the Subaward. B. The SUBRECIPIENT shall maintain inventory records of all supplies, equipment, real estate, and other property procured with the Subaward and may not to sell, transfer, encumber, or otherwise dispose of any such property without the written permission of the City, in which case the procedure in 2 CFR §§ 200.311 shall be adhered to. Article 9: Bud A. Approved Budget. The City -approved Budget for the Subaward is attached to this Agreement as "Exhibit C" and shall be the basis for which the City provides payment to the SUBRECIPIENT. B. Budget Amendments. In General. Requests to amend the Budget contemplated in this Agreement: a. Must be received by the City no later than forty-five (45) days prior to the expiration of this Agreement's term; b. Shall be made prior to the SUBRECIPIENT incurring any expenses that are not expressly provided for in the Budget; and C. Shall be considered and approved at the sole discretion of the City. 2. Informal Budget Amendments. The City's Agreement Liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B, may, in writing, informally approve the following types of Budget amendments: a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then the City's agreement liaison may, in writing, informally approve requested amendments to the Budget that: (1) Do not increase the maximum Subaward amount; and (2) Are deemed by the City's Agreement Liaison as being consistent with the "Scope of Services" attached as "Exhibit B". b. Non -Discretionary Federal Awards. If the Federal Awarding Agency approved the Budget contemplated in this Agreement, then the City's Agreement Liaison may, in writing, informally approve amendments to the Budget only upon receipt of written Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 7 of 30 204 approval of such amendments by the Federal Awarding Agency. 3. Formal Budget Amendments. Budget amendments that do not meet either requirement of Paragraph B of this Article may not be informally amended by the City's Agreement Liaison and, instead, must be made by formal written amendment mutually executed by both parties to this Agreement. C. Program Income. 2 CFR § 200.1 ("Definitions"), defines "Program Income" as gross income earned by the SUBRECIPIENT that is directly generated by a supported activity or earned as a result of the Subaward during the Subaward Period of Performance. Program Income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under the Subaward, the sale of commodities or items fabricated under the Subaward, license fees and royalties on patents and copyrights, and principal and interest on loans made with Subaward Funds. Interest earned on advances of the Subaward is not program income. Except as otherwise provided, Program Income does not include rebates, credits, discounts, and interest earned on any of those items. 2. In the event that the SUBRECIPIENT generates Program Income, unless otherwise directed by the City, in compliance with 2 CFR § 200.307(e)(1) ("Program Income"), the SUBRECIPIENT shall: a. Calculate, document, and record such Program Income and its intended use or uses; b. Report such Program Income to the City as part of the required Progress Report, pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant to Article 13, Paragraph C.; C. Add the Program Income to the Subaward and use for continued activities related to the purposes and conditions of this Subaward. Article 10: Reimbursement Requests A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual funding -eligible costs as permitted by this Agreement. In order to obtain payment, the SUBRECIPIENT shall make funding -eligible expenditures and thereafter submit a "Reimbursement Request(s)" to the City for such expenditures pursuant to the terms found in this Article. B. Form of Reimbursement Requests. All Reimbursement Requests shall clearly indicate the budget category from which each request is drawing. C. Minimum Standards for Reimbursement Requests. At minimum, all Reimbursement Requests submitted by the SUBRECIPIENT must: Include enough detail so that the City is able to confirm that the SUBRECIPIENT has only requested reimbursement of funding -eligible expenses that were incurred by the SUBRECIPIENT in compliance with the terms of this Agreement. 2. Includes a dated cover letter of the SUBRECIPIENT's organization, with a description defining Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 8 of 30 205 the period of performance dates which it is has incurred eligible expenses that is now being requested for reimbursement. 3. If the Budget attached as "Exhibit C" has line -items orfunding categories, indicate which line - item or funding category under which each funding -eligible cost is being requested for reimbursement. 4. Pursuant to 2 CFR § 200.415(a) ("Required Certifications"), include the following federally required attestation executed by an individual that is able to legally authorized to do so by the SUBRECIPIENT: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal Award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." 5. By executing this Agreement, the SUBRECIPIENT hereby affirms that it understands that the above are minimum standards for invoices only and are not meant to represent an exhaustive list of what the City's Agreement Liaison may request or require in order to consider a Reimbursement Request complete or to approve such request for reimbursement. D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the "Scope of Services" and "Budget" attached to this Agreement as "Exhibit B" and "Exhibit C", which hereby supersedes the frequency and due date for Reimbursement Requests noted in this provision, invoices are due as followed: General Reimbursement Requests. The period for submission of General Reimbursement Requests shall be quarterly with such invoices due to the City by the 15th of the month subsequent to the provision of services for which the City is being invoiced (January 15, 2024, April 15, 2024, July 15, 2024, and October 15, 2024). 2. Initial Reimbursement Request. If the Subaward Period of Performance began on a date prior to the execution of this Agreement, the SUBRECIPIENT shall submit an Initial Reimbursement Request that covers all funding -eligible expenses for the period of time beginning on the first day of the Subaward Period of Performance (for this Agreement: UPON EXECUTION) and ending on the date of execution of this Agreement. This Initial Reimbursement Request shall be submitted no later than the date that the first General Reimbursement Request is due to the City. 3. Final Invoices. Final Invoices shall be due to the City no later than fifteen (15) calendar days after the expiration or termination of this Agreement or last date of eligible expenditures by the SUBRECIPIENT, whichever the earlier of the dates. 4. Performance Period with No Expenses. In periods where eligible expenses have not been incurred by the SUBRECIPIENT, the SUBRECIPIENT is not required to submit a General or Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 9 of 30 206 Initial Reimbursement Request for zero dollars. However, the SUBRECIPIENT may still be required to submit a Progress Report over this same period in accordance with Article 13. E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to withhold or deny payment on any Reimbursement Request if such request: Is incomplete or fails to provide the requisite supporting documentation; 2. Fails to be provided in a timely fashion as determined by the terms of this Agreement; or 3. Indicates expenditures that are not compliant with this Agreement, the Federal Award, or any directives issued by the Federal Awarding Agency. Article 11: Payment Terms A. Local Government Prompt Payment Act. The City shall make payments to the SUBRECIPIENT on a reimbursement basis for work performed, or services provided, pursuant to this Agreement, in accordance with the Local Government Prompt Payment Act, Section 218.70 et. Seq, Florida Statutes. B. Federal Funding Availability. The City is only responsible for payments to the SUBRECIPIENT for which the City is provided funding by the Federal Awarding Agency. If the Federal Awarding Agency determines that a specific cost or expense requested by the SUBRECIPIENT is not permitted to be reimbursed under the terms and conditions of the Federal Award, the City shall not be responsible for making payment to the SUBRECIPIENT for that specific requested cost or expense. Should the Federal Awarding Agency withhold or deny funding to the City for any reason, the City may subsequently withhold or deny funding to the SUBRECIPIENT. C. Payment Limitations. The City shall not make payments for, or in any way be responsible for, payment to the SUBRECIPIENT for any of the following: Any goods or services provided that do not fall within the "Scope of Services" attached as "Exhibit B"; 2. Any goods or services that fall within the attached "Scope of Services", but that such payment can be made through a third -party program or insurance provider. D. Prohibition on Duplicative Funding. The SUBRECIPIENT may not accept duplicate funding for any cost, position, service, or deliverable funded by the Federal Award. Duplicative funding is defined as more than one -hundred percent (100%) payment from all funding sources for any cost, position, service, or deliverable. If duplicate funding is discovered, this Agreement may be suspended while the extent of the overpayment is determined, or may be terminated. Such suspension or termination may be initiated at the sole discretion of the City. E. Costs in Excess of Award. Any costs or expenses incurred by the SUBRECIPIENT that exceed the overall Subaward amount set forth in this Agreement, or which are were incurred by the SUBRECIPIENT outside of the Subaward Period of Performance, shall be the sole responsibility of the SUBRECIPIENT. F. At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or any non -Federal Award monies to make payment to the SUBRECIPIENT for any costs or expenses incurred by the SUBRECIPIENT pursuant or related to this Agreement or the Federal Award. Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 10 of 30 207 Article 12: Return of Funds A. Unauthorized Expenditures. The SUBRECIPIENT shall reimburse the City for all unauthorized or funding -ineligible expenditures. B. Payment(s) in Error. The SUBRECIPIENT shall return to the City any payments made to the SUBRECIPIENT that were made in error or were in any manner fraudulent or inconsistent with the "Scope of Services" attached as "Exhibit B" or the Federal Award ("Payment(s) in Error"). In the event that the SUBRECIPIENT, or any outside accountant or auditor, determines that a Payment in Error was made, the SUBRECIPIENT shall return to the City any associated funds no later than ten (10) business days from when the SUBRECIPIENT became aware of such Payment in Error. 2. In the event that the City discovers a Payment in Error, the City shall notify the SUBRECIPIENT and the SUBRECIPIENT shall return any associated funds to the City no later than ten (10) business days from the SUBRECIPIENT's receipt of such notice. C. Federal DisalIowan ce(s). If the Federal Government demands reimbursement from the City due to a disallowance or finding that an expense or cost for which the City provided Subaward funding to the SUBRECIPIENT was in any way improper or not in compliance with the Federal Award, the SUBRECIPIENT shall return any associated funds to the City within a reasonable time period as mutually agreed upon by the City and the SUBRECIPIENT, or within six (6) months, whichever is the later of the dates. D. Delay or Failure to Return Funds. Should the SUBRECIPIENT fail to reimburse the City for any Payment in Error or Federal Disallowance within the time designated, the City may respond with any number of the following actions: Charge an interest rate as determined by the State of Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance thereof. Interest shall accrue from the date of the SUBRECIPIENT's initial receipt of overpayment funds up to the date of reimbursement of said overpayment funds to the City; 2. Withhold any or all future payments until the amount of such overpayment has been recovered by the City; 3. Terminate this Agreement; 4. Bar the SUBRECIPIENT from being considered when issuing future Federal Subawards or other City agreements; and 5. Pursue any other remedies permitted by law. Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 11 of 30 208 Article 13: Progress Reporting and Subaward Closeout A. Progress Reporting Form of Progress Reports. "Progress Report(s)" shall be delivered to the City on a form approved by the City's agreement liaison noted in TABLE 1 — THE PARTIES, or as later re- designated pursuant to Article 2, Paragraph B. 2. Minimum Standards for Progress Reports. At minimum, such Progress Reports must detail the outputs, outcomes, and progress the SUBRECIPIENT has made in accomplishing the objectives of the "Scope of Services" attached as "Exhibit B." Further, in the event any Program Income has been earned over the period, SUBRECIPIENT will report on the Program Income earned and expended to include whether it was related to the purposes and conditions of this Subaward. The City reserves the right to reasonably and unilaterally revise such approved form and request any additional supporting documentation from the SUBRECIPIENT as it deems necessary to meet its federal reporting requirements and monitoring obligations. 3. Progress Report Frequency and Due Dates. Unless otherwise stated in the "Scope of Services", which hereby overwrites the frequency and due date of Progress Reports noted in this provision if there is a conflict between the two, Progress Reports shall be submitted on a quarterly basis and are due by the 15th of the month subsequent to the provision of services of which the SUBRECIPIENT is reporting (January 15, 2024, April 15, 2024, July 15, 2024, and October 15, 2024). 4. Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the required Progress Reports in accordance with this Article may necessitate the City's withholding of payment on any subsequent Reimbursement Requests and shall be considered cause for termination by the City pursuant to the terms of termination in this Agreement. B. Annual Reporting Information. SUBRECIPIENT shall, upon request by the City's Agreement Liaison or designee, make available SUBRECIPIENT data and other information related to the "Scope of Services". This information will assist the City in its annual reporting obligation to the Federal Awarding Agency by September 30 of each year and will also be published on the City's Consolidated Annual Performance and Evaluation Report (CAPER). Information requested will be related to overall performance, program outcomes and impacts, and program approaches related to promoting equitable outcomes in the delivery of services. C. Subaward Closeout. All financial, performance, and other reports as required by the terms of this Subaward must be submitted to the City no later than (15) days after the end date of the Subaward Period of Performance. 2. Any earned and expended Program Income generated as a result of this Subaward must be calculated and documented with justification on its uses related to the purposes and conditions of the Subaward to the City no later than (15) days after the end date of the Subaward Period of Performance. 3. The closeout of the Federal Award, or this Subaward, does not affect any of the following: Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 12 of 30 209 The right of the Federal Awarding Agency or the City to disallow costs and recover funds on the basis of a later audit or other review. The Federal Awarding Agency or City must make any cost disallowance determination and notify the SUBRECIPIENT within the record retention period. b. The requirement for the SUBRECIPIENT to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. C. The ability of the Federal Awarding Agency to make financial adjustments to a previously closed award such as resolving indirect cost payments and making final payments. Audit requirements in 2 CFR Part 200, Subpart F. e. Property management and disposition requirements in §§ 200.310 through 200.316 of 2 CFR Part 200. Records retention as required in §§ 200.334 through 200.337 of 2 CFR Part 200. 4. After closeout of the Federal Award, or this Subaward, a relationship created under the Federal Award, or this Subaward, may be modified or ended in whole or in part with the consent of the Federal Awarding Agency or the City and the SUBRECIPIENT, provided the responsibilities of the SUBRECIPIENT, including those for property management as applicable, are considered and provisions made for continuing responsibilities of the SUBRECIPIENT, as appropriate. Article 14: Maintenance, Retention, and Access to Records A. The SUBRECIPIENT, and its subcontractors (if any) that are providing services or otherwise performing pursuant to this Agreement shall abide by the requirements of this Article. The SUBRECIPIENT shall establish and utilize generally accepted accounting principles in the maintenance of all records relating to this Agreement. Such practices shall comply with the general acceptable accounting principles and shall fully and accurately reflect, track, and document the SUBRECIPIENT's financial activities. 2. The SUBRECIPIENT shall establish and maintain separate accounting records for the SUBRECIPIENT's activities in meeting its obligations pursuant to this Agreement with sufficient documentation to identify the associated expenditures (e.g. detailed invoices, cancelled checks, payroll journals, bank statement reconciliations, etc.) and establish that such expenditures are allowable, necessary, and reasonable under this Agreement, the Federal Award, and any directives issued by the Federal Awarding Agency. 3. The SUBRECIPIENT shall furnish the City with any and all data needed for the purpose of monitoring, evaluation, auditing, and quality assurance. This data shall include information on the services provided or work performed, and any other data that may be required by the City, in its sole discretion, to adequately evaluate the SUBRECIPIENT's performance under this Agreement. 4. All records that were created, utilized, or maintained for the purpose of fulfilment of the SUBRECIPIENT's obligations pursuant to this Agreement, whether paper or electronic ("Relevant Records"), shall be retained by the respective record holder for a period of five (5) Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 13 of 30 210 years after termination of this Agreement, including any extensions or renewals of this Agreement. 5. In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a period of five (5) years after the resolution of any such event. 6. The SUBRECIPIENT shall permit the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives to access, review, or reproduce any and all Relevant Records. 7. If the "Scope of Services" in "Exhibit B" is site-specific, or construction -related, access to the stated construction or work site shall be provided to the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives. 8. The SUBRECIPIENT shall ensure that the provisions of this Article are incorporated into any agreements into which it enters that are related to this Agreement and the Federal Award. B. Public Records. Pursuant to Section 119.0701, Florida Statutes, the SUBRECIPIENT shall: a. Keep and maintain public records required by the City to perform the service. b. Upon request from the City, 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 amount set by the City. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement's term and following completion of this Agreement if the SUBRECIPIENT does not transfer the records to the City. d. Upon completion, or termination, of this Agreement, transfer, at no cost, to the City all public records in possession of the SUBRECIPIENT or keep and maintain public records required by the SUBRECIPIENT to perform the service in accordance with Florida law. e. If the SUBRECIPIENT transfers all public records to the City upon completion of the Agreement, the SUBRECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SUBRECIPIENT keeps and maintains public records upon completion of this Agreement, the SUBRECIPIENT shall meet all applicable requirements for retaining public records in accordance with applicable federal and Florida law. All records stored electronically shall be provided to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 14 of 30 211 IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE SUBRECIPIENT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 310 BOYNTON BEACH, FL 33435 Phone: 561-742-6061 Email: CITYCLERK@BBFL.US 2. Florida Agencies. If the SUBRECIPIENT is an "Agency" as defined by Section 119.011, Florida Statutes, then the SUBRECIPIENT shall comply with its own obligations under Chapter 119, Florida Statutes. The SUBRECIPIENT additionally agrees to cooperate in good faith with the City in the handling of public records created under this Agreement. Notwithstanding anything set forth in any provision of this Agreement to the contrary, the SUBRECIPIENT will not be required to destroy any records in its custody in violation of Chapter 119, Florida Statutes. Article 15: Monitoring Requirements A. Monitoring. The SUBRECIPIENT shall permit the City, the Clerk, or the designees of either such government agency, to periodically monitor the SUBRECIPIENT's performance and programmatic and financial activities, pursuant to the requirements found in 2 CFR § 200.332 ("Requirements for Pass -Through Entities") and any other relevant federal laws, regulations, or guidance. B. Letter of Findings. If the City, the Clerk, or the designee of either such government agency, discovers any defect in the SUBRECIPIENT's performance under this Agreement (whether programmatic, financial, etc.), then a "Letter of Findings" may be provided to the SUBRECIPIENT. 2. The SUBRECIPIENT shall respond to any such Letter of Findings with a Corrective Action Plan and Implementation Schedule, as instructed by the City, the Clerk, or the designee of either such government agency, within thirty (30) calendar days of the date of the Letter of Findings. Failure to submit a Corrective Action Plan and Implementation Schedule shall constitute a material breach and may result in termination of this Agreement. 3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such government agency, to first issue such a "Letter of Findings" to the SUBRECIPIENT prior to the City being permitted to exercise any of its rights in equity, at law, or as otherwise granted through this Agreement, including but not limited to the right to terminate this Agreement. Article 16: Audit Requirements A. Auditing. The SUBRECIPIENT shall comply with the federal auditing requirements found in 2 CFR Subpart F ("Audit Requirements"). B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized designees shall have the right to audit SUBRECIPIENT's: Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 15 of 30 212 Disbursement of the Subaward; 2. Service or program delivery; and 3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the Federal Award. C. Mandatory Audit, Certification, and Audited Financial Statement. In determining the federal award amounts expended during its fiscal year, the SUBRECIPIENT shall consider all sources of federal awards including federal resources received from the State or other agencies. If the SUBRECIPIENT expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, the SUBRECIPIENT must have a single audit completed and conducted in accordance with 2 CFR § 200.514 ("Scope of Audit"), unless the SUBRECIPIENT elects to have a program -specific audit in accordance with 2 CFR § 200.501(c) ("Audit Requirements"). 2. If the SUBRECIPIENT expends less than seven hundred fifty thousand dollars ($750,000) in federal awards during the fiscal year, the SUBRECIPIENT shall: a. Provide an annual certification to the City that a single audit was not required; and b. Annually submit an Audited Financial Statement to the City. 3. If the SUBRECIPIENT is mandated to have an audit performed due to its expenditure of seven hundred fifty thousand dollars ($750,000) or more in federal awards within one fiscal year, that audit must be completed no later than one -hundred and eighty (180) calendar days after the close of the SUBRECIPIENT's fiscal year. D. Submission of Audits and Audited Financial Statements. The SUBRECIPIENT shall submit to the City any and all auditor's report received by the SUBRECIPIENT related to its obligations under this Agreement within ten (10) business days of receipt. 2. A copy of the Single Audit Reporting Package, including the associated management letter, which was conducted in accordance with 2 CFR § 200.512 ("Report Submission"), or the applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice provision in this Agreement, with a copy provided to the City at the following: City of Boynton Beach Department of Financial Services Attn: Community Improvement Division 100 E Ocean Avenue Boynton Beach, FL 33435 E. The Federal Audit Clearinghouse. Audits must be submitted to the Federal Audit Clearinghouse either thirty (30) calendar days after receipt of the auditor's report, or nine (9) months after the end of the entity's fiscal year end date. Such audits shall be submitted electronically via the following website: https:Hharvester.census.gov/facweb/. Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 16 of 30 213 F. Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement and may result in the withholding or denial of any requests for payment or reimbursement to the SUBRECIPIENT. Article 17: Insurance A. The SUBRECIPIENT agrees to, on a primary basis and at its sole expense, at all times throughout the duration of this Agreement maintain the following types of insurance coverage with limits and on forms (including endorsements) as described in this Article. These requirements, as well as the City's review or acceptance of insurance maintained by the SUBRECIPIENT is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the SUBRECIPIENT under this Agreement. B. The SUBRECIPIENT shall require and ensure that each of its sub-contractors/consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified in this Article and "Attachment V (Insurance Advisory Form). C. The SUBRECIPIENT shall have in full force the following insurance coverage, and will provide Certificates of Insurance to the SUBRECIPIENT priorto commencing operations underthis Agreement to verify such coverage during the duration of this Agreement: All SUBRECIPIENTs: Commercial General Liability — The SUBRECIPIENT shall maintain coverage issued on the most recent version of the Insurance Services Office (ISO) form as filed for use in Florida or its equivalent, with a limit of liability of not less than one million dollars ($1,000,000) per occurrence, general aggregate, products completed/operations aggregate, and personal advertising Injury; and, all other insurance coverage reasonably required by the City. SUBRECIPIENT further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insured. Additional Insured—Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The coverage shall contain no limitations on the scope of protection afforded the City, its officers, officials, employees or volunteers. The certificate holder and additional insured shall be listed in the name of the City of Boynton Beach, Florida. 2. SUBRECIPIENTS Providing Services at City Facilities: Workers' Compensation — The SUBRECIPIENT shall maintain coverage for its employees with statutory workers' compensation limits and no less than one million dollars ($1,000,000) for each incident of bodily injury or disease for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City if services are being provided at City facilities. Business Automobile Liability— The SUBRECIPIENT shall maintain coverage for all owned; non -owned and hired vehicles issued on the most recent version of ISO form as filed for use in Florida or its equivalent, with limits of not less than one million dollars ($1,000,000) per accident. In the event the SUBRECIPIENT does not own automobiles, the SUBRECIPIENT shall maintain coverage for hired and non -owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 17 of 30 214 3. SUBRECIPIENTs Providing Services to Vulnerable Populations: Sexual Abuse and Molestation Coverage with limits of not less than one hundred thousand dollars ($100,000) per occurrence shall also be included for those programs that provide services directly to Vulnerable Person(s). "Vulnerable Person(s)" are minors as defined in Section 1.01 (13), Florida Statutes, or vulnerable adults as defined in Section 415.102, Florida Statutes. 4. SUBRECIPIENTs Providing Services that are of a Professional Nature: Professional Liability with a limit of not less than one million dollars ($1,000,000) perwrongful act or claim. For policies written on a claims -made basis, the SUBRECIPIENT agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement. In the event the policy is cancelled, non -renewed, switched to occurrence form or any other event that triggers the right to purchase a Supplemental Extended Reporting Period ("SERP") during the life of this Agreement the SUBRECIPIENT agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the SUBRECIPIENT of the obligation to provide replacement coverage. D. Insurance carriers providing coverage required in this "Insurance" subsection must be authorized or eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial Strength Rating of A -Class VIII. E. Any request for an exception to these insurance requirements must be submitted in writing to the City for approval. F. The SUBRECIPIENT shall provide to the City current certificates of insurance evidencing all required coverage prior to execution and commencement of any operations/services provided under this Agreement. In addition to the certificate(s) of insurance the SUBRECIPIENT shall also provide copies of any applicable endorsements as required above. G. For continuing service contracts, renewal certificates shall be submitted upon request by either the City or its certificate management representative. The certificates shall clearly indicate that the SUBRECIPIENT has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) calendar days prior written notice to the City. Certificates shall specifically reference the respective Agreement number. The certificate holder shall read: City of Boynton Beach, Florida Attention: Risk Management Department 100 E. Ocean Avenue Boynton Beach, FL 33435 H. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes): Paragraphs A — G of this Article are not applicable. However, such paragraphs do apply to any of the SUBRECIPIENT's subcontractors that are not agencies or political subdivisions of the State of Florida and must be included by the SUBRECIPIENT in any such subcontracts. 2. Without waiving its right to sovereign immunity as provided in Section 768.28, Florida Statutes, the SUBRECIPIENT may self -insure its liability with coverage limits of one million Dollars Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 18 of 30 215 ($1,000,000) per occurrence or such other limited sovereign immunity as set forth by the Florida legislature. A statement of self-insurance shall be provided to the City's Risk Management Department at the address in Paragraph G of this Article. Article 18: Indemnification, Sovereign Immunity, and Liability A. Indemnification. The SUBRECIPIENT agrees to defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the SUBRECIPIENT, its officers, directors, employees, and/or agents relating to the SUBRECIPIENT's performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. B. Sovereign Immunity. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of the City's sovereign immunity provisions or protections pursuant to Section 768.28, Florida Statutes. 2. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph B.1. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. C. Liability. Unless otherwise explicitly stated in this Agreement, in no event shall either party be responsible to the other for any indirect damages, incidental damages, consequential damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty, or a breach of term of this Agreement. 2. Without waiving any of the provisions or protections under this Agreement or pursuant to Florida law, under no circumstances shall the City be liable to the SUBRECIPIENT under any contract, negligence, strict liability, or other legal or equitable theory for any amounts in excess of those limits per claim and per occurrence set forth for tort liability in Section 768.28 of the Florida Statutes, which limits are hereby made applicable to all manner of claims against the City related to this Agreement and are not confined to tort liability. D. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph C.2. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. Article 19: Independent Contractor, Non -Agent SUBRECIPIENT, and Third Parties A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is intended to, or should be construed as, creating or establishing the relationship of copartners between the parties, or as constituting the SUBRECIPIENT as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The SUBRECIPIENT is to be, and shall remain, an independent contractor with respect to all services performed under this Agreement, and that any individuals hired, or performing services or work, pursuant to this Agreement shall be considered to Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 19 of 30 216 be the employee of the SUBRECIPIENT for all purposes, including but not limited to for any worker's compensation matters. B. Non -Agent SUBRECIPIENT. The Boynton Beach City Commission has not delegated to any City officer or employee the authority to appoint any agent on the City's behalf regarding the subject matter of this Agreement. Accordingly, nothing in this Agreement is intended to, or shall be construed as to, appoint the SUBRECIPIENT as an agent of the City. Additionally, no review or approval of the SUBRECIPIENT's services, requests for reimbursement, reports, or records by the City may be construed as the City appointing the SUBRECIPIENT as an agent of the City. C. No Third -Party Claims. Nothing in this Agreement, express or implied, shall confer to a third -party — or be construed as conferring to a third -party in any way — any legal or equitable right, benefit, claim, or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal Government, the City, and the employees and/or contractors of each of the foregoing governments, shall be held harmless from liability to any third parties for claims asserted under this agreement. Article 20: Confidentiality A. Confidentiality. The parties hereby agree to maintain any confidential information transmitted by the other party over the course of this Agreement confidential to the extent that such confidentiality is lawfully permitted pursuant to Florida or Federal law. 2. The SUBRECIPIENT shall limit disclosure of its Confidential Information to the minimum necessary to properly perform under this Agreement. The SUBRECIPIENT understands that the City is subject to Florida Public Records laws and that information that SUBRECIPIENT may consider Confidential Information may be subject to disclosure absent a statutory exemption. In the event a public records request is made for Confidential Information of SUBRECIPIENT, the SUBRECIPIENT shall be responsible for defending its assertion that such records are subject to an exemption from disclosure and shall indemnify the City from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of a public records request for SUBRECIPIENT's Confidential Information where SUBRECIPIENT asserts an exemption to disclosure B. Health Insurance Portability and Accountability Act ("HIPAA") Generally. If the SUBRECIPIENT meets the definition of "Covered Entity," as defined in 45 CFR § 160.103, or a "Hybrid Entity," as defined in 45 CRF § 164.103, then: a. Before providing any services funded, in whole or in part, through this Agreement that may cause the SUBRECIPIENT to generate Protected Health Information ("PHI") as defined in 45 CFR § 160.103, the SUBRECIPIENT must first obtain legally sufficient medical release authorizations from each individual receiving such services. b. Such required medical release authorizations may be limited in scope; however, they must at least permit the disclosure of any PHI that is in any way related to the Subaward-funded services that individual(s) receive to the City for reporting, monitoring, and auditing purposes. C. The City hereby reserves the right to deny payment for any costs the SUBRECIPIENT incurs in its provision of otherwise funding -eligible services to any individual(s) for Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 20 of 30 217 A whom it does not have a valid and current medical release authorization as required by this provision. Additionally, the SUBRECIPIENT must require any of its subcontractors for which this provision is applicable to secure such requisite medical release authorizations as well. 2. Business Associate Agreements. Should the SUBRECIPIENT's provision of services under this Agreement require access to PHI generated by the City, then the SUBRECIPIENT must execute a Business Associate Agreement that complies with the standards found in 45 CFR § 164.504(e). Florida Information Protection Act ("FIPA") Pursuant to Section 501.171(g)1., Florida Statutes, "Personal Information" means either of the following: An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: (1) A social security number; (2) A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; (3) A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; (4) Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or (5) An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. b. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. 2. If, pursuant to this Agreement, the SUBRECIPIENT is maintaining, storing, or processing personal information on behalf of the City, the SUBRECIPIENT is the City's "Third -Party Agent" under FIPA and hereby agrees to comply with all obligations for such "Third -Party Agents" as detailed in Section 501.171, Florida Statutes. These obligations include, but are not limited to: a. Taking reasonable measures to protect and secure data in electronic form containing personal information; and b. Providing notice to the City in the event of a breach of security of the SUBRECIPIENT's system as expeditiously as practicable, but no later than ten (10) calendar days following the determination of the breach of security or reason to believe the breach occurred. Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 21 of 30 218 3. The SUBRECIPIENT shall be responsible and liable for all costs associated with any required notices, fines, or fees assessed against the City for any breach of Personal Information that is the fault of the SUBRECIPIENT. Article 21: Remedies for Noncompliance A. Remedies for Noncompliance. Pursuant to 2 CFR § 200.339 ("Remedies for Noncompliance"), if the SUBRECIPIENT fails to comply with the U.S. Constitution, federal statutes, regulations, or the terms and conditions of a Federal Award or any additional conditions that the Federal Awarding Agency or City may impose, and the Federal Awarding Agency or City determine that such noncompliance cannot be remedied by imposing additional conditions, the Federal Awarding Agency or City may take one or more of the following actions, as appropriate in the circumstances: Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT or more severe enforcement action by the Federal Awarding Agency or City; 2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate this Agreement; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated at the recommendation of the City; 5. Withhold further Federal Awards for the project or program; or 6. Take other remedies that may be legally available. Article 22: Termination A. Termination for Convenience by the City. Pursuant to 2 CFR Part 200, Appendix II, Paragraph B, contracts made pursuant to a Federal Award must address termination for convenience by the City including the manner by which it will be affected and the basis for settlement. As such, the City may terminate this Agreement for convenience by providing a written thirty (30) calendar day notice to the SUBRECIPIENT. B. Termination by the SUBRECIPIENT. Pursuant to 2 CFR § 200.340(a)(4), the SUBRECIPIENT may terminate this Agreement upon sending the City written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward was made, the City may terminate the Subaward in its entirety. Additionally, a SUBRECIPIENT's failure to complete performance on a Subaward in the manner initially agreed upon may compromise the SUBRECIPIENT's ability to receive subawards, other grants, or any other contract opportunities from the City in the future. Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 22 of 30 219 C. Termination for Cause. Immediate Termination. a. The City reserves the right of "Immediate Termination" of this Agreement, with such termination to be effectuated as of the SUBRECIPIENT's receipt of written notice which may be hand -delivered or transmitted by electronic mail to the SUBRECIPIENT's Agreement Liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B. Notwithstanding the foregoing, the City, as a courtesy, may additionally provide the SUBRECIPIENT with such notice in the manner provided in Article 5 ("Notice") of this Agreement. b. Immediate Termination pursuant to this provision shall be permitted for any number of the following reasons: (1) The Federal Awarding Agency terminates the Federal Award; (2) Any circumstance under which the City is no longer receiving Federal Award funds to reimburse the SUBRECIPIENT occurs; (3) The amount invoiced by the SUBRECIPIENT meets or exceeds the amount of the Subaward provided for in this Agreement; (4) The SUBRECIPIENT files bankruptcy or otherwise becomes insolvent; (5) The SUBRECIPIENT is determined to be ineligible to do business in the State of Florida; (6) If the SUBRECIPIENT is a non-profit agency, loss of the SUBRECIPIENT's non-profit status; or (7) As otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. The City may terminate this Agreement for cause upon providing a written fourteen (14) calendar day breach of contract and termination notice. Such termination for cause may be for any material breach of this Agreement, or if the City, using its sole discretion, determines that the SUBRECIPIENT is unable to perform under this Agreement. 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or accept the SUBRECIPIENT's proposed cure if such an opportunity is provided, the City reserves the right to provide the SUBRECIPIENT the opportunity to cure any stated breach. Such opportunity to cure can be used in tandem with, or in lieu of, a Letter of Findings issued in accordance with Article 15 ("Monitoring Requirements") of this Agreement. If the City provides such opportunity to cure, shall: a. Provide the opportunity to cure as a part of the City's breach of contract and termination notice; and b. Allot an appropriate deadline by which the SUBRECIPIENT must provide its proposed cure to the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 23 of 30 220 4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the SUBRECIPIENT's damages for such termination, if any, shall be the same as if the City terminated this Agreement for convenience. D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement was due to the SUBRECIPIENT's material failure to complywith the Subaward's terms and conditions, the City reserves the right to report the SUBRECIPIENT to the Federal Awarding Agency so that it may report the termination to the OMB -designated integrity and performance system accessible through the federal System of Award Management ("SAM"). E. In the Event of Termination. After receipt of a notice of termination, except as otherwise directed, the SUBRECIPIENT shall take all of the following actions: Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the requirements in 2 CFR §§ 200.344 ("Closeout") and 200.345 ("Post -Closeout Adjustments and Continuing Responsibilities"); 2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not yet been recouped by the City (if any); 3. Stop working under this Agreement on the date of receipt of the notice of termination unless otherwise stated in such notice; 4. Place no further orders and enter into no further agreements to the extent that either relate to the performance of the work which was terminated and direct any subcontractors to do the same; 5. Terminate all orders and subcontracts to the extent that they relate to the performance of the work, which was terminated; 6. Finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the date of termination, up to and including the final invoice due at the end of the project without reimbursement beyond that due as of the date of termination for services rendered to the termination date; 7. Take any other actions as reasonably directed in writing by the City. F. Payment in Event of Termination. If this Agreement is terminated before performance is completed, whether for convenience or cause, the SUBRECIPIENT shall be paid for the work or services satisfactorily performed. In the event the Agreement is terminated for cause, the City shall be entitled to collect all or part of any funds owed to the City by the SUBRECIPIENT by deduction from the reimbursement or payment amount due the SUBRECIPIENT. No other damages, fees, or costs may be assessed against the City for its termination of the Agreement. G. Force Majeure. The SUBRECIPIENT shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by explosion, war, embargo, government requirement, civil or military authority, pandemic, act of God, or other similar causes beyond the SUBRECIPIENT's control so long as the SUBRECIPIENT's delay Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 24 of 30 221 is not caused by the SUBRECIPIENT's own fault or negligence. Notwithstanding the foregoing, the SUBRECIPIENT cannot claim Force Majeure under this provision for any emergency, exigency, or "Act of God" that is specifically contemplated within the "Scope of Services" of this Agreement, or which in any way existed at the time this Agreement was executed. 2. The above notwithstanding, in order to claim delay pursuant to this provision, the SUBRECIPIENT shall notify the City in writing within seven (7) business days after the beginning of any such cause that would affect its performance under this Agreement. Failure to notify the City in a timely manner of any claim of Force Majeure made pursuant to this provision is cause for termination of this Agreement. 3. If the SUBRECIPIENT's performance is delayed pursuant to this provision for a period exceeding seven (7) business days from the date the City receives the required Force Majeure notice, the City shall have the right to terminate this Contract thereafter and shall only be liable to the SUBRECIPIENT for any work performed pursuant to this Agreement prior to the date of the City's termination. 4. No other damages, fees, or costs may be assessed against the City for its termination of this Agreement pursuant to this provision. Nothing in this provision shall prevent the City from terminating this Agreement for any purpose otherwise expressly stated in this Agreement. Article 23: General Provisions (Alphabetical) A. Assignments and Successors. The parties deem the services to be rendered pursuant to this Agreement to be personal in nature. Each party binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither party shall assign, sublet, convey, or transfer its interest in this Agreement without the written consent of the other, which consent shall be in the sole determination of the party with the right to consent. B. Attorneys' Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall each bear their own costs, expert fees, attorneys' fees, and other fees incurred in connection with this Agreement and any action or proceeding arising out of or relating to this Agreement (an "Action"). C. Conflicts. The SUBRECIPIENT shall comply with all applicable local, state, and federal laws, regulations, executive orders, and the policies, procedures, and directives of the Federal Awarding Agency. Should there be conflict between the various applicable laws and this Agreement, the most restrictive shall govern. D. Construction and Representations. Each party acknowledges that it has had the opportunity to be represented by counsel of such party's choice with respect to this Agreement. In view of the foregoing, and notwithstanding any otherwise applicable principles of construction or interpretation, this Agreement shall be deemed to have been drafted jointly by the parties and in the event of any ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied upon any representations or statements made by the other party to this Agreement which are not specifically set forth in this Agreement. E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in counterparts, both of which shall be deemed an original and which taken together shall constitute one agreement. Any counterpart may be delivered by any party by electronic transmission of the full Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 25 of 30 222 Agreement as executed by that party to the other party as mutually agreed upon by the parties, and delivery shall be effective and complete upon completion of such transmission. F. Governing Law. This Agreement shall be considered as having been entered into in the State of Florida and shall be construed and interpreted in accordance with the laws of that state. G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement, including the Table of Contents or Table of Terms and Provisions, are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. H. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any right that party does or might have to a trial by jury related to any Action. Remedies. No remedy conferred upon any party in this Agreement 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 rights, power, or remedy hereunder shall preclude any other or further exercise thereof. Severability. The provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependence is a material inducement for the parties to enter into this Agreement. Therefore, should any material term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. K. Signatory. Each signatory below represents and warrants that he or she has full power and is duly authorized by their respective party to enter into and perform under this Agreement. Such signatory also represents that he or she has fully reviewed and understands the above conditions and intends to fully abide by the conditions and terms of this Agreement as stated. Survivorship. Those provisions which by their nature are intended to survive the expiration, cancellation, or termination of this Agreement, including, by way of example only, the indemnification and public records provisions, shall survive the expiration, cancellation, or termination of this Agreement. M. Use of City and SUBRECIPIENT Logos. Both parties are prohibited from use of any and all of the other party's emblems, logos, or identifiers without written permission from that party. N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court of competent jurisdiction sitting in Boynton Beach, Florida, regarding any Action, and further agrees that any such Action shall be heard and determined in such Florida federal or state court. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Boynton Beach, Florida. O. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 26 of 30 223 any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. P. Written Modification. No modification of this Agreement shall be binding upon any party to this Agreement unless it is reduced to writing and is signed by a duly authorized representative of each party to this Agreement. 2. Notwithstanding the above subparagraph, the parties hereby recognize that the Federal Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted to unilaterally "pass -down" to the SUBRECIPIENT without formal amendment to this Agreement. 3. The City shall provide notice such unilateral amendments to the SUBRECIPIENT in a timely fashion to both by electronic mail to the SUBRECIPIENT agreement liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B. 4. The SUBRECIPIENT hereby agrees to work with the City in good faith to make any additional amendments to this Agreement as may be necessary pursuant to directive provided by the Federal Awarding Agency. Article 24: Attachments The documents provided for in the table below are hereby incorporated by both reference and attachment and therefore form a material part of this Agreement. Attachment Name Attachment Title Form 1 E -Verify Use and Registration Certification Form 2 Public Entity Crimes and Scrutinized Companies Certification Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise "WBE" , and Labor Surplus Area Firm Certification Form 4 Federal Suspension and Debarment Certification Form 5 Certification Regarding Lobbying Exhibit A Required Information for Federal Subawards Schedule Exhibit B Scope of Services Exhibit C Budget Attachment 1 Insurance Advisory Form Article 25: Entire Aqreement This Agreement, and any documents incorporated, referenced, or attached to this Agreement, sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements, Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 27 of 30 224 negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. [ SIGNATURES ON FOLLOWING PAGES] [ REMAINDER OF PAGE LEFT BLANK] Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 28 of 30 225 CITY OF BOYNTON BEACH, FLORIDA SIGNATURE PAGE The City has executed this Agreement on the date set forth below. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of .20 . CITY OF BOYNTON BEACH, FLORIDA: ATTEST: City Clerk — Signature Approved as to form: City Attorney— Signature Mayor— Signature SUBRECIPIENT SIGNATURE ON FOLLOWING PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 29 of 30 226 SUBRECIPIENT SIGNATURE PAGE BOYNTON BEACH, FLORIDA'S SIGNATURE ON PREVIOUS PAGE The SUBRECIPIENT has executed this Agreement on the date set forth below. SUBRECIPIENT AGENCY: Subrecipient Agency — Signature Print Name Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of Personally, Known _ OR Produced Identification Type of Identification Produced Seal Notary — Signature Print Name NOTARY PUBLIC , 20, by Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 30 of 30 227 Form 1 E -Verify Registration and Use Certification C01 IIIRIII,,,,,IE'"III"'1110114 OF "'I'"IHIIIS 111::::011111M IIS IRIIf;i OUIlR1lf;ialf111::::0IR All 11 SUIG IIf IECIIIII.'.Illlllf..:.IN'I"' Please note that the City will verify that the SUBRECIPIENT has an active registration on https:He-verify.gov. If the SUBRECIPIENT does not have an active registration noted on the E -Verify website because the Federal Government has not yet updated its website, it must then provide a copy of the E -Verify Memorandum of Understanding for Employers that the SUBRECIPIENT received upon registration to the City. E -VERIFY REGISTRATION USE CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this E -Very Use and Registration Certification and Affidavit. B. The SUBRECIPIENT is registered with the United States Department of Homeland Security's E -Verify system to verify the work authorization status of all employees hired during the term of this Agreement and shall provide evidence of such registration to the City upon request. C. The SUBRECIPIENT does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. D. The SUBRECIPIENT shall require all subcontractors performing work under this Agreement to provide an affidavit stating that such subcontractors do not employ, contract with, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 1 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 1 228 Form 2 Public Entity Crimes and Scrutinized Companies Certification C01Y IIIRIII,,,,,IE"'III"'1110114 OFI'111- ITIS 111::::011111M IIS IRIIf;i OUlllllR1lf;ialf I11::::01R All 11 SUIG IIf IECIIIIPIIIIIf..:.IN'I" Part 1: Certification of Compliance with Section 287.133, Florida Statutes (Public Entity Crime) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. Neither the SUBRECIPIENT, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the SUBRECIPIENT, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989. B. The SUBRECIPIENT has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list. C. The SUBRECIPIENT acknowledges that for the purposes of this certification, the terms "public entity crime," "convicted," and "affiliate," are as defined in Section 287.133, Florida Statutes, which the SUBRECIPIENT has reviewed prior to the execution of this certification. D. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statute subsequent to entering into this Agreement with the City. E. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT's status under Section 287.133, Florida Statutes, changes in any manner. Part 2: Certification of Compliance with Section 287.135, Florida Statutes (Scrutinized Companies) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. The SUBRECIPIENT certifies that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes. B. The SUBRECIPIENT is not: On the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, and the SUBRECIPIENT is not engaged in a boycott of Israel; Community Development Block Grant Subaward Agreement — Form 2 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 2 229 Form 2 Public Entity Crimes and Scrutinized Companies Certification (Continued) 2. On the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List," created pursuant to Section 215.473, Florida Statutes; or 3. Engaged in business operations in Cuba or Syria. C. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement with the City. D. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT's status under Section 287.135, Florida Statutes, changes in any manner. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 2 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 2 of 2 230 Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise ("WBE"), and Labor Surplus Area Firm Certification C01MIll:)III IE i 101N OF "'fill°tills IIf:::011zim IIIS IRIIf;; Ulllllf llf;;alf l::::0IR AII,,,,JI,,,, SUIBIIfZIEClllll:)lllllf..:.Im'rs CERTIFICATION OF COMPLIANCE WITH 2 CFR § 200.321 The undersigned hereby certifies on behalf of the SUBRECIPIENT, that the SUBRECIPIENT will comply with all of the following should the SUBRECIPIENT subcontract using any portion of the Subaward: A. When selecting subcontractors and making procurements with the Subaward, the SUBRECIPIENT shall take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus firms are used whenever possible while expending the Subaward. B. Pursuant to 2 CFR § 200.321, such affirmative steps must include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. The SUBRECIPIENT understands that it must pass this obligation down to its subcontractors (if any). Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 3 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 1 231 Form 4 Federal Suspension and Debarment Certification C01MIIf)III,,,,,IE"'III"'11101N OF "'fill°iIIIS l::::011111M IIS IRIIf;; C Ulllllf llf;;all IIf:::O1R Ali 11. SUIBIIf IECIIlli:)i1111f..:.im'fS Please note that the City will verify that the SUBRECIPIENT has an active registration with SAM.gov on https://www.SAM.gov. If the SUBRECIPIENT does not have an active registration noted in the SAM.gov system, then this Agreement will not be executed by the City. FEDERAL SUSPENSION AND DEBARMENT CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this Federal Suspension and Debarment Certification. B. The SUBRECIPIENT complies with 2 CFR Part 180, Subpart C ("Responsibilities of Participants Regarding Transactions Doing Business with Other Persons"). C. The SUBRECIPIENT is registered and maintains an active registration with SAM.gov and will maintain an active registration with SAM.gov for the entire term of this Agreement. D. The SUBRECIPIENT does not appear on the SAM Exclusions list and shall notify the City within five (5) business days if it is added to the SAM Exclusions list, or should its status under the SAM system change in any way during the term of this Agreement. E. The SUBRECIPIENT shall include a requirement to comply with 2 CFR Part 180, Subpart C in any lower tier covered transactions into which it enters. F. The SUBRECIPIENT understands and agrees that the City reserves the right to institute additional restrictions and conditions to this Agreement, terminate this Agreement, and pursue any other remedy available under local, state, and federal law, should the SUBRECIPIENT: (1) be found to have misrepresented its SAM.gov status in any manner; or (2) fail to notify the City of any change in its status under the SAM.gov system. This certification is a material representation of fact relied upon by the City. If it is later determined that the SUBRECIPIENT fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to, suspension or debarment. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 4 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of '232 Form 5 Certification Regarding Lobbying C01M1l:N1 IE i 101N OF "'I"III°fills IIf:::011fzll IS COlmllf 111"'rloNAIII,,,,, This form is required for all SUBRECIPIENTs receiving a Subaward in an amount that exceeds $100,000. Does the Subaward exceed $100,000? No If "No" then the SUBRECIPIENT may disregard this form. If "Yes" then the SUBRECIPIENT hereby executes the following Certification Regarding Lobbying as required by 31 USC § 1352: CERTIFICATION REGARDING LOBBYING 31 USC § 1352 Part 1: Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies on behalf of the SUBRECIPIENT that: A. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the SUBRECIPIENT shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. C. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Part 2: Statement for Loan Guarantees and Loan Insurance The undersigned certifies on behalf of the SUBRECIPIENT that: A. If any funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the SUBRECIPIENT shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. Community Development Block Grant Subaward Agreement — Form 5 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 2 233 Form 5 Certification Regarding Lobbying (Continued) B. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency — Signature Printed Name [ REMAINDER OF PAGE LEFT BLANK] Title Date Community Development Block Grant Subaward Agreement — Form 5 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 2 of 2 234 Exhibit A Required Information for Federal Subawards Table REQUIRED PURSUANT TO 2 CFR § 200.332 Federal Requirements Subaward-Specific Information SUBRECIPIENT Name (registered name in SAM.gov): Legal Aid Society of Palm Beach County, Inc. SUBRECIPIENT's Unique Entity Identifier (UEI): 59-6046994 Federal Award Identification Number (FAIN): N/A (CDBG Multiple Years Rollover Funds) Federal Award Date: N/A (CDBG Multiple Years Rollover Funds) Subaward Period of Performance Start and End Date: Start: Upon Execution End: 09/30/2024 Federal Award Budget Period Start and End Date: Start: 10/01/2023 End: 09/30/2024 Amount of Federal Funds obligated by this action by the $7,500.00 Pass -Through Entity to the SUBRECIPIENT: Total Amount of Federal Funds Obligated to the SUBRECIPIENT by the Pass -Through Entity including $7,500.00 the current financial obligation: Total Amount of the Federal Award committed to the $7,500.00 SUBRECIPIENT by the Pass -Through Entity: Federal subaward Project Description: 24 CFR 570.201(e) — Public Services Activity — Legal Services, Tenant/Landlord Counseling; National Objective 24 CFR Part 570.208 (a)(1)(i) Name of Federal Awarding Agency: U.S. Department of Housing and Urban Development (HUD) Name of Pass -Through Entity: City of Boynton Beach Pass -Through Entity's Awarding Official Contact Name: Ty Penserga, Mayor Information: Email: PensergaTa-bbfl.us Phone: 561-742-6010 CFDA Number and Name: Number: 14.228 Name: Community Development Block Grant Is the Subaward R&D related?: No Is there an indirect cost rate for the Subaward?: No Requirements of the Federal Award imposed on the Yes, see the terms of the Agreement and SUBRECIPIENT?: attached exhibits and forms. Are there any additional requirements imposed on SUBRECIPIENT in order for the Pass -Through Entity to Yes, see the terms of the Agreement and meet its own reporting responsibilities to the Federal attached exhibits and forms. Awarding Agency?: Is there a requirement that the SUBRECIPIENT must Yes, see: Article 14 ("Maintenance, permit the Pass -Through Entity and auditors to have Retention, and Access to Records") and access to the SUBRECIPIENT's records and financial Article 16 ("Audit Requirements"). statements?: Are there appropriate terms and conditions concerning Yes, see: Article 13 ("Progress Reporting closeout of the Subaward?: and Subaward Closeout") Community Development Block Grant Subaward Agreement — Exhibit A City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 1 235 Exhibit B Scope of Services Fair Housing Project Scope of Services The Fair Housing Project is part of Legal Aid's Individual Rights Advocacy practice area which aims to improve a family's opportunities and living conditions through the provision of high quality civil legal advice, consultation, representation and outreach at no cost to participants and clients. Through this proposal for funding, City of Boynton Beach residents will benefit from the full spectrum of legal services provided by Legal Aid's 21 various projects. When appropriate, Boynton Beach residents seeking fair housing assistance will receive referrals and have access to advice, consultation and representation for a variety of legal matters, including but not limited to: representation at restraining order hearings for victims of domestic violence, sexual assault and stalking; investigation of cases of abuse, neglect and exploitation of frail and vulnerable seniors; assistance with immigration matters, particularly for victims of domestic violence and juveniles in the dependency system; and the filing of appeals for individuals with HIV/AIDS who have been wrongfully denied disability benefits. The attorney will organize and conduct fair housing workshops and legal presentations for the general public and for social service providers and representatives from the banking and realty sectors. The attorney will also represent victims of unlawful discrimination in cases regarding the provision of housing services in state/federal courts, and before administrative agencies in cases seeking affirmative relief and counterclaims for damages and injunctive relief. Accordingly, he/she will file administrative discrimination complaints with HUD, the Palm Beach County Office of Equal Opportunity, and other appropriate agencies. Requested Community Development Block Grant funds from the City of Boynton Beach will be used to provide fair housing education, outreach and enforcement activities for residents of the City of Boynton Beach. All activities will be presented by staff attorneys and paralegals from the Legal Aid Society's Fair Housing Project. Attorneys will be licensed and will have experience in fair housing, real property, landlord -tenant, consumer, mortgage foreclosure and housing law. All services will be offered free of charge and will be in support of the proposed eligible activities only. Fifteen (15) individuals will attend each of three (3) fair housing seminars and outreach events for a total of forty-five (45) individuals at $400 per event ($1,200.00). Eleven (11) clients approximately will be represented through enforcement/discrimination activities ($6,300.00). Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. 236 EXHIBIT C Based on the "Scope of Services" as set forth in Exhibit B, below is the established budget and activities for this Agreement: Project Phase CDBG Funds Community Presentations $1,200.00 Legal Counseling $6,300.00 Totals $7,500.00 FUNDING AND METHOD OF PAYMENT: It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from the federal CDBG Program; and funds are subject to HUD's approval of the CITY's CDBG FY 2023 Annual Action Plan; and the approved reimbursements through HUD's Integrated Disbursement and Information System (IDIS). The services provided with this funding will be to serve low -to -moderate income (LMI) individuals that are 80% or below, the area median income (AMI). A signed and dated household income certification form and proof of income (e.g. pay stubs, retirement benefits, signed and dated income self -certification form, etc.) from individuals served, is required to be kept in individual's file. All reimbursement requests must be supported by an appropriate level of expense support documentation and progress reporting clearly demonstrating that the applicable progress threshold for the request has been achieved. All requests for reimbursement shall adhere to the standards set forth in Article 10: Reimbursement Requests and Article 11: Payment Terms. Failure for SUBRECIPI ENT to adhere to these standards may result in delay of payment and / or disallowance of funding. Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. 237 Attachment 1 The following are hereby incorporated into this "Attachment 1" (Insurance Advisory Form) by reference: City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of'vendor) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Aggregate - $1,000,000.00 Combined Single Limit $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. 238 Community Development Block Grant (CDBG) Subaward Agreement between City of Boynton Beach, Florida and Pathways to Prosperity, Inc. for a CDBG subaward of an amount not to exceed $35, 000.00 from a federal award issued by U.S. Department of Housing and Urban Development for the specific purpose of Public Services Activity — CIRCLES Boynton Beach Program. SUBAWARD COVERSHEET INTERNAL TABLE — FOR CITY INTERNAL USE ONLY City Contract No.: City Contract No. Resolution R23 — 098 Financial Services Department: Community Improvement Division CDBG Eligible Activity 24 CFR 570.201(e) — Public Services Activity — Assistance to Increase Self -Sufficiency; National Objective 24 CFR Part 570.208 a 1 i TABLE OF TERMS AND PROVISIONS Article 1: Standard CDBG Form Subaward Agreement................................................................................................. 1 Article2: The Parties...................................................................................................................................................... 1 Article 3: Notice of Federal Subaward............................................................................................................................ 1 Article 4: Term of Agreement and Subaward Period of Performance........................................................................... 3 Article5: Notice.............................................................................................................................................................. 3 Article 6: SUBRECIPIENT's Obligations and Responsibilities....................................................................................... 3 Article 7: Procurement and Subcontracting Standards.................................................................................................. 5 Article8: Property Standards......................................................................................................................................... 7 Article9: Budget............................................................................................................................................................. 7 Article 10: Reimbursement Requests............................................................................................................................. 8 Article11: Payment Terms........................................................................................................................................... 10 Article12: Return of Funds........................................................................................................................................... 11 Article 13: Progress Reporting and Subaward Closeout............................................................................................. 12 Article 14: Maintenance, Retention, and Access to Records....................................................................................... 13 Article15: Monitoring Requirements............................................................................................................................ 15 Article16: Audit Requirements..................................................................................................................................... 15 Article17: Insurance..................................................................................................................................................... 17 Article 18: Indemnification, Sovereign Immunity, and Liability..................................................................................... 19 Article 19: Independent Contractor, Non -Agent SUBRECIPIENT, and Third Parties ................................................. 19 Article20: Confidentiality.............................................................................................................................................. 20 Article21: Remedies for Noncompliance..................................................................................................................... 22 Article22: Termination.................................................................................................................................................. 22 Article 23: General Provisions................................................................................................................................... 255 Article24: Attachments................................................................................................................................................. 27 Article25: Entire Agreement........................................................................................................................................ 27 Community Development Block Subaward Grant Agreement — Coversheet City of Boynton Beach and Pathways to Prosperity, Inc. Page i of 239 Article 1: Standard CDBG Subaward Form Agreement A. This CDBG Subaward Agreement ("Agreement") is a "Standard CDBG Subaward Form Agreement." Any changes to this standard form shall be noted separately through an amendment to the Agreement which must be separately executed by the parties to this Agreement in order to be binding upon the parties. Article 2: The Parties A. This Agreement is entered into by and between the two parties indicated in the following table: TABLE 1 —THE PARTIES Party #1 Name: City of Boynton Beach (the "City") Entity Type: A Florida Municipal Corporation Principal Address: 100 E. Ocean Avenue Boynton Beach, Florida 33435 Agreement Liaison Name: Dan Dugger, City Manager Email Address: duggerd@bbfl.us Party #2: Name: Pathways to Prosperity, Inc., a Non -Profit Organization (the "SUBRECIPIENT") Entity Type: 501(c)(3) Not -for -Profit Principal Address: 639 East Ocean Avenue, Suite 101 Boynton Beach, FL 33435 Agreement Liaison Name: Kemberly Bush, Executive Director Email Address: kbush@p2ppbc.org B. The City and the SUBRECIPIENT may unilaterally re -designate their respective agreement liaisons by providing written notice of such change to the other party in accordance with Article 5 ("Notice") of this Agreement. C. Both the City and the SUBRECIPIENT may be individually referred to as "party" or collectively referred to as "parties" in this Agreement. Article 3: Federal Subaward Information A. Subaward Information. The table below provides basic information regarding the underlying subaward pursuant to which this Agreement is being entered. Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 30 240 TABLE 2 — SUBAWARD INFORMATION Subaward Project Public Services Activity — CIRCLES Boynton Beach Program through Description: a Non -Profit Organization (the "SUBRECIPIENT"). Awarding Agency U.S. Department of Housing and Urban Development (the "Federal Description: Awarding Agency") — Community Development Block Grant (the "Federal "Grantee"). Award") — City of Boynton Beach (the Subaward ID No.: Resolution R23 — 098 Resolution Date: 08/1/2023 B. Federal Subaward Amount. The amount of the underlying subaward is: $35,000.00. C. SUBRECIPIENT Compliance with Federal Subaward. At all times during which the SUBRECIPIENT is performing under this Agreement, the SUBRECIPIENT shall comply with the award terms and conditions of the underlying Federal subaward, as well as with any guidance provided by the Federal Awarding Agency. D. Compliance with the Federal Uniform Guidance. The SUBRECIPIENT shall comply with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the "Uniform Guidance") when meeting its obligations under this Agreement. E. References for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance — or any other applicable federal, state, or local law — that are referenced in this Agreement are referenced for emphasis only. The exclusion of a specific applicable provision of law from this Agreement does not alleviate the SUBRECIPIENT from its obligation to comply with any such applicable provisions. F. By executing this Agreement, the SUBRECIPIENT hereby certifies that it has reviewed 2 CFR Part 200 and any relevant Federal Awarding Agency guidance and that it understands its obligations pursuant to such federal regulations and guidance. G. Federal Subaward Amount. The amount of the Federal Subaward issued pursuant to this Agreement is an amount not to exceed $35,000.00 (the "Subaward"). This Agreement's use of "an amount not to exceed" shall in no way entitle the SUBRECIPIENT to reimbursement or payment of the maximum amount provided unless such reimbursement or payments have been earned by the SUBRECIPIENT in accordance with the terms and provisions of this Agreement. H. Required Information. Any additional information required pursuant to 2 CFR § 200.332 ("Requirements for Pass -Through Entities") may be found in the Required Information for Federal Subawards Schedule attached to this Agreement as "Exhibit A." Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 2 of 30 241 Article 4: Term of Agreement and Subaward Period of Performance A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the "Effective Date") and shall terminate on: 09/30/2024, unless extended or renewed in accordance with the terms of this Agreement. B. Subaward Period of Performance. 1. The "Subaward Period of Performance" is the time during which the SUBRECIPIENT may incur obligations to carry out the work or services authorized under this Agreement. The SUBRECIPIENT may not invoice for any work completed, or services rendered, outside of the Subaward Period of Performance. This provision is required pursuant to 2 CFR § 200.332(a)(1)(v). 2. The Subaward Period of Performance of this Agreement is: UPON EXECUTION to 9/30/2024. Article 5: Notice Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be deemed effective as of date of receipt. TABLE 3 — NOTICE To the City: City of Boynton Beach Attn: Dan Dugger, City Manager City Manager's Office, 4t". Floor 100 E. Ocean Avenue Boynton Beach, Florida 33435 To the SUBRECIPIENT: Pathways to Prosperity, Inc. Attn: Kemberly Bush, Executive Director 639 East Ocean Avenue, Suite 101 Boynton Beach, Florida 33435 Article 6: SUBRECIPIENT's Obligations and Responsibilities A. Scope of Services. The SUBRECIPIENT shall be responsible for meeting the objectives of this Subaward, as detailed in the "Scope of Services" attached to this Agreement as "Exhibit B", in a manner that is deemed satisfactory by the City and consistent with the standards set forth in this Agreement, the Federal Award, and any directives or guidance issued by the Federal Awarding Agency. 2. The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize funds provided pursuant to this Agreement for any activity or purpose not included in, or in conformance with, the "Scope of Services." Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 3 of 30 242 B. SUBRECIPIENT's Agreement Liaison. The SUBRECIPIENT's agreement liaison identified in TABLE 1 — THE PARTIES, or as re -designated pursuant to Article 2, Paragraph B above, shall be available to communicate and meet with the City's agreement liaison and relevant City staff in order to review the SUBRECIPIENT's performance pursuant to this Agreement. The City reserves the right to, at no additional cost to the City, require that the SUBRECIPIENT change its agreement liaison if the City's agreement liaison believes doing so best serves the performance or objectives of the Subaward, or this Agreement. C. Licenses and Approvals. The SUBRECIPIENT hereby represents and warrants that it has and will continue to maintain all licenses, insurances and approvals required to meet its obligations under the Scope of Services, and that it will at all times conduct its activities in a reputable manner. Proof of such licenses, insurances and approvals shall be submitted to the City within three (3) business days upon request. Failure by the City to request such proof of licensure, insurance and approvals shall in no manner be construed as alleviating the SUBRECIPIENT's obligations pursuant to Paragraph C of this Article, nor shall it be construed as shifting or imposing any liability onto the City. D. Employees of the SUBRECIPIENT. Skillful Provision of Services. All services or work provided pursuant to this Agreement shall be performed by the employees, volunteers, associates, or agents of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) in a professional and skillful manner. 2. Employee Licensure. Any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) whose performance under this Agreement requires licensure shall have such valid and active licensure for the full duration of their performance under this Agreement. 3. Removal of Employees. The City may require the SUBRECIPIENT to remove any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) that the City's agreement liaison — using their sole discretion — deems to be incompetent, careless, or otherwise objectionable from performing work or services related to this Agreement. The City shall not be responsible for any costs related to such removal. 4. E -Verify Use and Registration Certification. Pursuant to Section 448.095, Florida Statutes, the SUBRECIPIENT must certify that it is registered with, and uses, the E -Verify system to verify the work authorization status of all newly hired employees. The SUBRECIPIENT must further certify that it does not employ, contract with, or subcontract with an unauthorized alien, and shall provide an affidavit affirming this prior to the effective date of the contract. These certifications shall be provided by use of the E -Verify Use and Registration Certification found attached to this Agreement as "Form 1 ". Violation of s. 448.095, Florida Statutes, may result in the Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement. E. Non -Discrimination. The SUBRECIPIENT shall, at no time during the provision of services funded through this Agreement, discriminate based on race, color, religion, national origin, sex, or sexual orientation. 2. The SUBRECIPIENT shall comply with any and all federal, state, and local anti -discrimination laws, rules, and regulations. For further information about the federal anti -discrimination requirements for this Agreement, see 2 CFR Part 200, "Uniform Guidance Contract Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 4 of 30 243 Provisions" located at: eCFR :: 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. F. Inherently Religious Activities. When expending the Subaward, the SUBRECIPIENT must adhere to the following conditions: The SUBRECIPIENT must not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of its provision of the services funded in whole or in part by the Subaward; 2. Such inherently religious activities must be offered separately, in time or location, from the Subaward-funded services; and 3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries of the Subaward-funded services; therefore, the SUBRECIPIENT shall not implicitly or explicitly condition receipt of any services funded in whole or part by the Subaward on participation in any inherently religious activities. G. Public Entity Crimes and Scrutinized Companies. By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this Agreement as "Form 2," the SUBRECIPIENT must certify that: a. The SUBRECIPIENT does not meet the definition of "Scrutinized Company" pursuant to Section 215.473, Florida Statutes; and b. The SUBRECIPIENT — or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the SUBRECIPIENT or an affiliate of the SUBRECIPIENT — has not been convicted of a public entity crime pursuant to Section 287.133(3), Florida Statutes. 2. The City reserves the right of Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement should the SUBRECIPIENT: a. Be found to have falsified its certification in "Form 2"; or b. Become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to either Section 287.133, Florida Statutes ("Public Entity Crime; Denial or Revocation of the Right to Transact Business with Public Entities") or Section 287.135, Florida Statutes ("Prohibition Against Contracting with Scrutinized Companies") subsequent to entering into this Agreement with the City. Article 7: Procurement and Subcontracting Standards A. Procurement. The SUBRECIPIENT must comply with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and must use such procedures when expending the Subaward where SUBRECIPIENT is conducting its own procurement to satisfy the objectives of this Subaward, as detailed in the "Scope of Services", attached as "Exhibit B". Does the SUBRECIPIENT maintain written purchasing procedures in compliance with the aforementioned federal Procurement Standards? "Yes" or "No": Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 5 of 30 244 If "Yes," then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it maintains written purchasing procedures in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and will use such procedures when expending the Subaward. If "No," then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it does not maintain written purchasing procedures that are in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards"). As such, the SUBRECIPIENT hereby agrees to develop and use written purchasing procedures in compliance with the Procurement Standards for expending the Subaward OR agrees to use the City's Purchasing Policy Manual. The City's Purchasing Policy Manual can be obtained by contacting the City's Purchasing Manager at 561-742-6322 or PintoK@bbfl.us B. Simplified Acquisition Threshold. The "Simplified Acquisition Threshold" means the dollar amount below which a non -Federal entity may purchase property or services using small purchase methods. For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00. The Simplified Acquisition Threshold provided for in this Agreement is the one that the SUBRECIPIENT — and any of its sub-SUBRECIPIENTs — must use when making its expenditures of the Subaward. If SUBRECIPIENT is utilizing the City's purchasing procedures, SUBRECIPIENT must use the City's more restrictive (lower) simplified acquisition threshold. C. Subcontracting. 1. Federally Required Contract Provisions and Award Terms and Conditions. The SUBRECIPIENT shall insert the relevant contract provisions and certification documents identified in Appendix II of 2 CFR Part 200 ("Contract Provisions for Non -Federal Entity Contracts Under Federal Awards") applicable award terms into all contracts into which it enters while expending the Subaward. 2. Small and Minority Business Enterprises ("MBE"), Women Business Enterprises ("WBE"), and Labor Surplus Area Firms. The SUBRECIPIENT must execute the Small and Minority Business Enterprise ("MBE'), Women Business Enterprise ("WBE'), and Labor Surplus Area Firm Certification attached as "Form 3" stating that the SUBRECIPIENT shall take the "Five Affirmative Steps" regarding Small and Minority Business Enterprise, Women Business Enterprises, and Labor Surplus Area Firms in the solicitation and selection of subcontractor(s) or procurements as required by the Federal Government in 2 CFR § 200.321. 3. Engaging in subcontracting, pursuant to this Agreement without complying with the requirements of this article is strictly prohibited. D. Sub-Subawards. Approval by the City. The SUBRECIPIENT shall not issue sub-subawards to any non - Federal entity without first receiving approval from the City. 2. Pass -Through Requirements. a. The SUBRECIPIENT must pass through all obligations of the Federal Award and any placed upon the SUBRECIPIENT under this Agreement to any of its sub- SUBRECIPIENTs through a federally -compliant SUBRECIPIENT agreement. Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 6 of 30 245 b. The SUBRECIPIENT must comply with all provisions of 2 CFR § 200.332 ("Requirements for Pass -Through Entities") and any other applicable provisions of the Uniform Guidance when issuing a subaward to a sub-SUBRECIPIENT. E. SUBRECIPIENT/Contractor Determinations. Prior to entering into an agreement with a third -party entity that is in part or in whole funded by the Subaward, the SUBRECIPIENT shall analyze the nature of such agreement pursuant to the provisions of 2 CFR § 200.331 ("SUBRECIPIENT Subcontractor Determinations") to determine which type of relationship and requirements apply. Article 8: Property Standards A. By executing this Agreement, the SUBRECIPIENT hereby certifies that it shall comply with 2 CFR §§ 200.310-200.316 ("Property Standards") and will use such procedures when handling and managing any supplies, equipment, real estate, or other property procured with any portion of the Subaward. B. The SUBRECIPIENT shall maintain inventory records of all supplies, equipment, real estate, and other property procured with the Subaward and may not to sell, transfer, encumber, or otherwise dispose of any such property without the written permission of the City, in which case the procedure in 2 CFR §§ 200.311 shall be adhered to. Article 9: Bud A. Approved Budget. The City -approved Budget for the Subaward is attached to this Agreement as "Exhibit C" and shall be the basis for which the City provides payment to the SUBRECIPIENT. B. Budget Amendments. In General. Requests to amend the Budget contemplated in this Agreement: a. Must be received by the City no later than forty-five (45) days prior to the expiration of this Agreement's term; b. Shall be made prior to the SUBRECIPIENT incurring any expenses that are not expressly provided for in the Budget; and C. Shall be considered and approved at the sole discretion of the City. 2. Informal Budget Amendments. The City's Agreement Liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B, may, in writing, informally approve the following types of Budget amendments: a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then the City's agreement liaison may, in writing, informally approve requested amendments to the Budget that: (1) Do not increase the maximum Subaward amount; and (2) Are deemed by the City's Agreement Liaison as being consistent with the "Scope of Services" attached as "Exhibit B". b. Non -Discretionary Federal Awards. If the Federal Awarding Agency approved the Budget contemplated in this Agreement, then the City's Agreement Liaison may, in writing, informally approve amendments to the Budget only upon receipt of written Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 7 of 30 246 approval of such amendments by the Federal Awarding Agency. 3. Formal Budget Amendments. Budget amendments that do not meet either requirement of Paragraph B of this Article may not be informally amended by the City's Agreement Liaison and, instead, must be made by formal written amendment mutually executed by both parties to this Agreement. C. Program Income. 2 CFR § 200.1 ("Definitions"), defines "Program Income" as gross income earned by the SUBRECIPIENT that is directly generated by a supported activity or earned as a result of the Subaward during the Subaward Period of Performance. Program Income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under the Subaward, the sale of commodities or items fabricated under the Subaward, license fees and royalties on patents and copyrights, and principal and interest on loans made with Subaward Funds. Interest earned on advances of the Subaward is not program income. Except as otherwise provided, Program Income does not include rebates, credits, discounts, and interest earned on any of those items. 2. In the event that the SUBRECIPIENT generates Program Income, unless otherwise directed by the City, in compliance with 2 CFR § 200.307(e)(1) ("Program Income"), the SUBRECIPIENT shall: a. Calculate, document, and record such Program Income and its intended use or uses; b. Report such Program Income to the City as part of the required Progress Report, pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant to Article 13, Paragraph C.; C. Add the Program Income to the Subaward and use for continued activities related to the purposes and conditions of this Subaward. Article 10: Reimbursement Requests A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual funding -eligible costs as permitted by this Agreement. In order to obtain payment, the SUBRECIPIENT shall make funding -eligible expenditures and thereafter submit a "Reimbursement Request(s)" to the City for such expenditures pursuant to the terms found in this Article. B. Form of Reimbursement Requests. All Reimbursement Requests shall clearly indicate the budget category from which each request is drawing. C. Minimum Standards for Reimbursement Requests. At minimum, all Reimbursement Requests submitted by the SUBRECIPIENT must: Include enough detail so that the City is able to confirm that the SUBRECIPIENT has only requested reimbursement of funding -eligible expenses that were incurred by the SUBRECIPIENT in compliance with the terms of this Agreement. 2. Includes a dated cover letter of the SUBRECIPIENT's organization, with a description defining Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 8 of 30 247 the period of performance dates which it is has incurred eligible expenses that is now being requested for reimbursement. 3. If the Budget attached as "Exhibit C" has line -items orfunding categories, indicate which line - item or funding category under which each funding -eligible cost is being requested for reimbursement. 4. Pursuant to 2 CFR § 200.415(a) ("Required Certifications"), include the following federally required attestation executed by an individual that is able to legally authorized to do so by the SUBRECIPIENT: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal Award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." 5. By executing this Agreement, the SUBRECIPIENT hereby affirms that it understands that the above are minimum standards for invoices only and are not meant to represent an exhaustive list of what the City's Agreement Liaison may request or require in order to consider a Reimbursement Request complete or to approve such request for reimbursement. D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the "Scope of Services" and "Budget" attached to this Agreement as "Exhibit B" and "Exhibit C", which hereby supersedes the frequency and due date for Reimbursement Requests noted in this provision, invoices are due as followed: General Reimbursement Requests. The period for submission of General Reimbursement Requests shall be quarterly with such invoices due to the City by the 15th of the month subsequent to the provision of services for which the City is being invoiced (January 15, 2024, April 15, 2024, July 15, 2024, and October 15, 2024). 2. Initial Reimbursement Request. If the Subaward Period of Performance began on a date prior to the execution of this Agreement, the SUBRECIPIENT shall submit an Initial Reimbursement Request that covers all funding -eligible expenses for the period of time beginning on the first day of the Subaward Period of Performance (for this Agreement: UPON EXECUTION) and ending on the date of execution of this Agreement. This Initial Reimbursement Request shall be submitted no later than the date that the first General Reimbursement Request is due to the City. 3. Final Invoices. Final Invoices shall be due to the City no later than fifteen (15) calendar days after the expiration or termination of this Agreement or last date of eligible expenditures by the SUBRECIPIENT, whichever the earlier of the dates. 4. Performance Period with No Expenses. In periods where eligible expenses have not been incurred by the SUBRECIPIENT, the SUBRECIPIENT is not required to submit a General or Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 9 of 30 248 Initial Reimbursement Request for zero dollars. However, the SUBRECIPIENT may still be required to submit a Progress Report over this same period in accordance with Article 13. E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to withhold or deny payment on any Reimbursement Request if such request: Is incomplete or fails to provide the requisite supporting documentation; 2. Fails to be provided in a timely fashion as determined by the terms of this Agreement; or 3. Indicates expenditures that are not compliant with this Agreement, the Federal Award, or any directives issued by the Federal Awarding Agency. Article 11: Payment Terms A. Local Government Prompt Payment Act. The City shall make payments to the SUBRECIPIENT on a reimbursement basis for work performed, or services provided, pursuant to this Agreement, in accordance with the Local Government Prompt Payment Act, Section 218.70 et. Seq, Florida Statutes. B. Federal Funding Availability. The City is only responsible for payments to the SUBRECIPIENT for which the City is provided funding by the Federal Awarding Agency. If the Federal Awarding Agency determines that a specific cost or expense requested by the SUBRECIPIENT is not permitted to be reimbursed under the terms and conditions of the Federal Award, the City shall not be responsible for making payment to the SUBRECIPIENT for that specific requested cost or expense. Should the Federal Awarding Agency withhold or deny funding to the City for any reason, the City may subsequently withhold or deny funding to the SUBRECIPIENT. C. Payment Limitations. The City shall not make payments for, or in any way be responsible for, payment to the SUBRECIPIENT for any of the following: Any goods or services provided that do not fall within the "Scope of Services" attached as "Exhibit B"; 2. Any goods or services that fall within the attached "Scope of Services", but that such payment can be made through a third -party program or insurance provider. D. Prohibition on Duplicative Funding. The SUBRECIPIENT may not accept duplicate funding for any cost, position, service, or deliverable funded by the Federal Award. Duplicative funding is defined as more than one -hundred percent (100%) payment from all funding sources for any cost, position, service, or deliverable. If duplicate funding is discovered, this Agreement may be suspended while the extent of the overpayment is determined, or may be terminated. Such suspension or termination may be initiated at the sole discretion of the City. E. Costs in Excess of Award. Any costs or expenses incurred by the SUBRECIPIENT that exceed the overall Subaward amount set forth in this Agreement, or which are were incurred by the SUBRECIPIENT outside of the Subaward Period of Performance, shall be the sole responsibility of the SUBRECIPIENT. F. At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or any non -Federal Award monies to make payment to the SUBRECIPIENT for any costs or expenses incurred by the SUBRECIPIENT pursuant or related to this Agreement or the Federal Award. Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 10 of 30 249 Article 12: Return of Funds A. Unauthorized Expenditures. The SUBRECIPIENT shall reimburse the City for all unauthorized or funding -ineligible expenditures. B. Payment(s) in Error. The SUBRECIPIENT shall return to the City any payments made to the SUBRECIPIENT that were made in error or were in any manner fraudulent or inconsistent with the "Scope of Services" attached as "Exhibit B" or the Federal Award ("Payment(s) in Error"). In the event that the SUBRECIPIENT, or any outside accountant or auditor, determines that a Payment in Error was made, the SUBRECIPIENT shall return to the City any associated funds no later than ten (10) business days from when the SUBRECIPIENT became aware of such Payment in Error. 2. In the event that the City discovers a Payment in Error, the City shall notify the SUBRECIPIENT and the SUBRECIPIENT shall return any associated funds to the City no later than ten (10) business days from the SUBRECIPIENT's receipt of such notice. C. Federal DisalIowan ce(s). If the Federal Government demands reimbursement from the City due to a disallowance or finding that an expense or cost for which the City provided Subaward funding to the SUBRECIPIENT was in any way improper or not in compliance with the Federal Award, the SUBRECIPIENT shall return any associated funds to the City within a reasonable time period as mutually agreed upon by the City and the SUBRECIPIENT, or within six (6) months, whichever is the later of the dates. D. Delay or Failure to Return Funds. Should the SUBRECIPIENT fail to reimburse the City for any Payment in Error or Federal Disallowance within the time designated, the City may respond with any number of the following actions: Charge an interest rate as determined by the State of Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance thereof. Interest shall accrue from the date of the SUBRECIPIENT's initial receipt of overpayment funds up to the date of reimbursement of said overpayment funds to the City; 2. Withhold any or all future payments until the amount of such overpayment has been recovered by the City; 3. Terminate this Agreement; 4. Bar the SUBRECIPIENT from being considered when issuing future Federal Subawards or other City agreements; and 5. Pursue any other remedies permitted by law. Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 11 of 30 250 Article 13: Progress Reporting and Subaward Closeout A. Progress Reporting Form of Progress Reports. "Progress Report(s)" shall be delivered to the City on a form approved by the City's agreement liaison noted in TABLE 1 — THE PARTIES, or as later re- designated pursuant to Article 2, Paragraph B. 2. Minimum Standards for Progress Reports. At minimum, such Progress Reports must detail the outputs, outcomes, and progress the SUBRECIPIENT has made in accomplishing the objectives of the "Scope of Services" attached as "Exhibit B." Further, in the event any Program Income has been earned over the period, SUBRECIPIENT will report on the Program Income earned and expended to include whether it was related to the purposes and conditions of this Subaward. The City reserves the right to reasonably and unilaterally revise such approved form and request any additional supporting documentation from the SUBRECIPIENT as it deems necessary to meet its federal reporting requirements and monitoring obligations. 3. Progress Report Frequency and Due Dates. Unless otherwise stated in the "Scope of Services", which hereby overwrites the frequency and due date of Progress Reports noted in this provision if there is a conflict between the two, Progress Reports shall be submitted on a quarterly basis and are due by the 15th of the month subsequent to the provision of services of which the SUBRECIPIENT is reporting (January 15, 2024, April 15, 2024, July 15, 2024, and October 15, 2024). 4. Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the required Progress Reports in accordance with this Article may necessitate the City's withholding of payment on any subsequent Reimbursement Requests and shall be considered cause for termination by the City pursuant to the terms of termination in this Agreement. B. Annual Reporting Information. SUBRECIPIENT shall, upon request by the City's Agreement Liaison or designee, make available SUBRECIPIENT data and other information related to the "Scope of Services". This information will assist the City in its annual reporting obligation to the Federal Awarding Agency by September 30 of each year and will also be published on the City's Consolidated Annual Performance and Evaluation Report (CAPER). Information requested will be related to overall performance, program outcomes and impacts, and program approaches related to promoting equitable outcomes in the delivery of services. C. Subaward Closeout. All financial, performance, and other reports as required by the terms of this Subaward must be submitted to the City no later than (15) days after the end date of the Subaward Period of Performance. 2. Any earned and expended Program Income generated as a result of this Subaward must be calculated and documented with justification on its uses related to the purposes and conditions of the Subaward to the City no later than (15) days after the end date of the Subaward Period of Performance. 3. The closeout of the Federal Award, or this Subaward, does not affect any of the following: Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 12 of 30 251 The right of the Federal Awarding Agency or the City to disallow costs and recover funds on the basis of a later audit or other review. The Federal Awarding Agency or City must make any cost disallowance determination and notify the SUBRECIPIENT within the record retention period. b. The requirement for the SUBRECIPIENT to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. C. The ability of the Federal Awarding Agency to make financial adjustments to a previously closed award such as resolving indirect cost payments and making final payments. Audit requirements in 2 CFR Part 200, Subpart F. e. Property management and disposition requirements in §§ 200.310 through 200.316 of 2 CFR Part 200. Records retention as required in §§ 200.334 through 200.337 of 2 CFR Part 200. 4. After closeout of the Federal Award, or this Subaward, a relationship created under the Federal Award, or this Subaward, may be modified or ended in whole or in part with the consent of the Federal Awarding Agency or the City and the SUBRECIPIENT, provided the responsibilities of the SUBRECIPIENT, including those for property management as applicable, are considered and provisions made for continuing responsibilities of the SUBRECIPIENT, as appropriate. Article 14: Maintenance, Retention, and Access to Records A. The SUBRECIPIENT, and its subcontractors (if any) that are providing services or otherwise performing pursuant to this Agreement shall abide by the requirements of this Article. The SUBRECIPIENT shall establish and utilize generally accepted accounting principles in the maintenance of all records relating to this Agreement. Such practices shall comply with the general acceptable accounting principles and shall fully and accurately reflect, track, and document the SUBRECIPIENT's financial activities. 2. The SUBRECIPIENT shall establish and maintain separate accounting records for the SUBRECIPIENT's activities in meeting its obligations pursuant to this Agreement with sufficient documentation to identify the associated expenditures (e.g. detailed invoices, cancelled checks, payroll journals, bank statement reconciliations, etc.) and establish that such expenditures are allowable, necessary, and reasonable under this Agreement, the Federal Award, and any directives issued by the Federal Awarding Agency. 3. The SUBRECIPIENT shall furnish the City with any and all data needed for the purpose of monitoring, evaluation, auditing, and quality assurance. This data shall include information on the services provided or work performed, and any other data that may be required by the City, in its sole discretion, to adequately evaluate the SUBRECIPIENT's performance under this Agreement. 4. All records that were created, utilized, or maintained for the purpose of fulfilment of the SUBRECIPIENT's obligations pursuant to this Agreement, whether paper or electronic ("Relevant Records"), shall be retained by the respective record holder for a period of five (5) Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 13 of 30 252 years after termination of this Agreement, including any extensions or renewals of this Agreement. 5. In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a period of five (5) years after the resolution of any such event. 6. The SUBRECIPIENT shall permit the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives to access, review, or reproduce any and all Relevant Records. 7. If the "Scope of Services" in "Exhibit B" is site-specific, or construction -related, access to the stated construction or work site shall be provided to the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives. 8. The SUBRECIPIENT shall ensure that the provisions of this Article are incorporated into any agreements into which it enters that are related to this Agreement and the Federal Award. B. Public Records. Pursuant to Section 119.0701, Florida Statutes, the SUBRECIPIENT shall: a. Keep and maintain public records required by the City to perform the service. b. Upon request from the City, 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 amount set by the City. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement's term and following completion of this Agreement if the SUBRECIPIENT does not transfer the records to the City. d. Upon completion, or termination, of this Agreement, transfer, at no cost, to the City all public records in possession of the SUBRECIPIENT or keep and maintain public records required by the SUBRECIPIENT to perform the service in accordance with Florida law. e. If the SUBRECIPIENT transfers all public records to the City upon completion of the Agreement, the SUBRECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SUBRECIPIENT keeps and maintains public records upon completion of this Agreement, the SUBRECIPIENT shall meet all applicable requirements for retaining public records in accordance with applicable federal and Florida law. All records stored electronically shall be provided to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 14 of 30 253 IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE SUBRECIPIENT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 310 BOYNTON BEACH, FL 33435 Phone: 561-742-6061 Email: CITYCLERK@BBFL.US 2. Florida Agencies. If the SUBRECIPIENT is an "Agency" as defined by Section 119.011, Florida Statutes, then the SUBRECIPIENT shall comply with its own obligations under Chapter 119, Florida Statutes. The SUBRECIPIENT additionally agrees to cooperate in good faith with the City in the handling of public records created under this Agreement. Notwithstanding anything set forth in any provision of this Agreement to the contrary, the SUBRECIPIENT will not be required to destroy any records in its custody in violation of Chapter 119, Florida Statutes. Article 15: Monitoring Requirements A. Monitoring. The SUBRECIPIENT shall permit the City, the Clerk, or the designees of either such government agency, to periodically monitor the SUBRECIPIENT's performance and programmatic and financial activities, pursuant to the requirements found in 2 CFR § 200.332 ("Requirements for Pass -Through Entities") and any other relevant federal laws, regulations, or guidance. B. Letter of Findings. If the City, the Clerk, or the designee of either such government agency, discovers any defect in the SUBRECIPIENT's performance under this Agreement (whether programmatic, financial, etc.), then a "Letter of Findings" may be provided to the SUBRECIPIENT. 2. The SUBRECIPIENT shall respond to any such Letter of Findings with a Corrective Action Plan and Implementation Schedule, as instructed by the City, the Clerk, or the designee of either such government agency, within thirty (30) calendar days of the date of the Letter of Findings. Failure to submit a Corrective Action Plan and Implementation Schedule shall constitute a material breach and may result in termination of this Agreement. 3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such government agency, to first issue such a "Letter of Findings" to the SUBRECIPIENT prior to the City being permitted to exercise any of its rights in equity, at law, or as otherwise granted through this Agreement, including but not limited to the right to terminate this Agreement. Article 16: Audit Requirements A. Auditing. The SUBRECIPIENT shall comply with the federal auditing requirements found in 2 CFR Subpart F ("Audit Requirements"). B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized designees shall have the right to audit SUBRECIPIENT's: Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 15 of 30 254 Disbursement of the Subaward; 2. Service or program delivery; and 3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the Federal Award. C. Mandatory Audit, Certification, and Audited Financial Statement. In determining the federal award amounts expended during its fiscal year, the SUBRECIPIENT shall consider all sources of federal awards including federal resources received from the State or other agencies. If the SUBRECIPIENT expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, the SUBRECIPIENT must have a single audit completed and conducted in accordance with 2 CFR § 200.514 ("Scope of Audit"), unless the SUBRECIPIENT elects to have a program -specific audit in accordance with 2 CFR § 200.501(c) ("Audit Requirements"). 2. If the SUBRECIPIENT expends less than seven hundred fifty thousand dollars ($750,000) in federal awards during the fiscal year, the SUBRECIPIENT shall: a. Provide an annual certification to the City that a single audit was not required; and b. Annually submit an Audited Financial Statement to the City. 3. If the SUBRECIPIENT is mandated to have an audit performed due to its expenditure of seven hundred fifty thousand dollars ($750,000) or more in federal awards within one fiscal year, that audit must be completed no later than one -hundred and eighty (180) calendar days after the close of the SUBRECIPIENT's fiscal year. D. Submission of Audits and Audited Financial Statements. The SUBRECIPIENT shall submit to the City any and all auditor's report received by the SUBRECIPIENT related to its obligations under this Agreement within ten (10) business days of receipt. 2. A copy of the Single Audit Reporting Package, including the associated management letter, which was conducted in accordance with 2 CFR § 200.512 ("Report Submission"), or the applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice provision in this Agreement, with a copy provided to the City at the following: City of Boynton Beach Department of Financial Services Attn: Community Improvement Division 100 E Ocean Avenue Boynton Beach, FL 33435 E. The Federal Audit Clearinghouse. Audits must be submitted to the Federal Audit Clearinghouse either thirty (30) calendar days after receipt of the auditor's report, or nine (9) months after the end of the entity's fiscal year end date. Such audits shall be submitted electronically via the following website: https:Hharvester.census.gov/facweb/. Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 16 of 30 255 F. Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement and may result in the withholding or denial of any requests for payment or reimbursement to the SUBRECIPIENT. Article 17: Insurance A. The SUBRECIPIENT agrees to, on a primary basis and at its sole expense, at all times throughout the duration of this Agreement maintain the following types of insurance coverage with limits and on forms (including endorsements) as described in this Article. These requirements, as well as the City's review or acceptance of insurance maintained by the SUBRECIPIENT is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the SUBRECIPIENT under this Agreement. B. The SUBRECIPIENT shall require and ensure that each of its sub-contractors/consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified in this Article and "Attachment V (Insurance Advisory Form). C. The SUBRECIPIENT shall have in full force the following insurance coverage, and will provide Certificates of Insurance to the SUBRECIPIENT priorto commencing operations underthis Agreement to verify such coverage during the duration of this Agreement: All SUBRECIPIENTs: Commercial General Liability — The SUBRECIPIENT shall maintain coverage issued on the most recent version of the Insurance Services Office (ISO) form as filed for use in Florida or its equivalent, with a limit of liability of not less than one million dollars ($1,000,000) per occurrence, general aggregate, products completed/operations aggregate, and personal advertising Injury; and, all other insurance coverage reasonably required by the City. SUBRECIPIENT further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insured. Additional Insured—Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The coverage shall contain no limitations on the scope of protection afforded the City, its officers, officials, employees or volunteers. The certificate holder and additional insured shall be listed in the name of the City of Boynton Beach, Florida. 2. SUBRECIPIENTS Providing Services at City Facilities: Workers' Compensation — The SUBRECIPIENT shall maintain coverage for its employees with statutory workers' compensation limits and no less than one million dollars ($1,000,000) for each incident of bodily injury or disease for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City if services are being provided at City facilities. Business Automobile Liability— The SUBRECIPIENT shall maintain coverage for all owned; non -owned and hired vehicles issued on the most recent version of ISO form as filed for use in Florida or its equivalent, with limits of not less than one million dollars ($1,000,000) per accident. In the event the SUBRECIPIENT does not own automobiles, the SUBRECIPIENT shall maintain coverage for hired and non -owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 17 of 30 256 3. SUBRECIPIENTs Providing Services to Vulnerable Populations: Sexual Abuse and Molestation Coverage with limits of not less than one hundred thousand dollars ($100,000) per occurrence shall also be included for those programs that provide services directly to Vulnerable Person(s). "Vulnerable Person(s)" are minors as defined in Section 1.01 (13), Florida Statutes, or vulnerable adults as defined in Section 415.102, Florida Statutes. 4. SUBRECIPIENTs Providing Services that are of a Professional Nature: Professional Liability with a limit of not less than one million dollars ($1,000,000) perwrongful act or claim. For policies written on a claims -made basis, the SUBRECIPIENT agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement. In the event the policy is cancelled, non -renewed, switched to occurrence form or any other event that triggers the right to purchase a Supplemental Extended Reporting Period ("SERP") during the life of this Agreement the SUBRECIPIENT agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the SUBRECIPIENT of the obligation to provide replacement coverage. D. Insurance carriers providing coverage required in this "Insurance" subsection must be authorized or eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial Strength Rating of A -Class VIII. E. Any request for an exception to these insurance requirements must be submitted in writing to the City for approval. F. The SUBRECIPIENT shall provide to the City current certificates of insurance evidencing all required coverage prior to execution and commencement of any operations/services provided under this Agreement. In addition to the certificate(s) of insurance the SUBRECIPIENT shall also provide copies of any applicable endorsements as required above. G. For continuing service contracts, renewal certificates shall be submitted upon request by either the City or its certificate management representative. The certificates shall clearly indicate that the SUBRECIPIENT has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) calendar days prior written notice to the City. Certificates shall specifically reference the respective Agreement number. The certificate holder shall read: City of Boynton Beach, Florida Attention: Risk Management Department 100 E. Ocean Avenue Boynton Beach, FL 33435 H. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes): Paragraphs A — G of this Article are not applicable. However, such paragraphs do apply to any of the SUBRECIPIENT's subcontractors that are not agencies or political subdivisions of the State of Florida and must be included by the SUBRECIPIENT in any such subcontracts. 2. Without waiving its right to sovereign immunity as provided in Section 768.28, Florida Statutes, the SUBRECIPIENT may self -insure its liability with coverage limits of one million Dollars Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 18 of 30 257 ($1,000,000) per occurrence or such other limited sovereign immunity as set forth by the Florida legislature. A statement of self-insurance shall be provided to the City's Risk Management Department at the address in Paragraph G of this Article. Article 18: Indemnification, Sovereign Immunity, and Liability A. Indemnification. The SUBRECIPIENT agrees to defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the SUBRECIPIENT, its officers, directors, employees, and/or agents relating to the SUBRECIPIENT's performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. B. Sovereign Immunity. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of the City's sovereign immunity provisions or protections pursuant to Section 768.28, Florida Statutes. 2. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph B.1. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. C. Liability. Unless otherwise explicitly stated in this Agreement, in no event shall either party be responsible to the other for any indirect damages, incidental damages, consequential damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty, or a breach of term of this Agreement. 2. Without waiving any of the provisions or protections under this Agreement or pursuant to Florida law, under no circumstances shall the City be liable to the SUBRECIPIENT under any contract, negligence, strict liability, or other legal or equitable theory for any amounts in excess of those limits per claim and per occurrence set forth for tort liability in Section 768.28 of the Florida Statutes, which limits are hereby made applicable to all manner of claims against the City related to this Agreement and are not confined to tort liability. D. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph C.2. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. Article 19: Independent Contractor, Non -Agent SUBRECIPIENT, and Third Parties A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is intended to, or should be construed as, creating or establishing the relationship of copartners between the parties, or as constituting the SUBRECIPIENT as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The SUBRECIPIENT is to be, and shall remain, an independent contractor with respect to all services performed under this Agreement, and that any individuals hired, or performing services or work, pursuant to this Agreement shall be considered to Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 19 of 30 258 be the employee of the SUBRECIPIENT for all purposes, including but not limited to for any worker's compensation matters. B. Non -Agent SUBRECIPIENT. The Boynton Beach City Commission has not delegated to any City officer or employee the authority to appoint any agent on the City's behalf regarding the subject matter of this Agreement. Accordingly, nothing in this Agreement is intended to, or shall be construed as to, appoint the SUBRECIPIENT as an agent of the City. Additionally, no review or approval of the SUBRECIPIENT's services, requests for reimbursement, reports, or records by the City may be construed as the City appointing the SUBRECIPIENT as an agent of the City. C. No Third -Party Claims. Nothing in this Agreement, express or implied, shall confer to a third -party — or be construed as conferring to a third -party in any way — any legal or equitable right, benefit, claim, or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal Government, the City, and the employees and/or contractors of each of the foregoing governments, shall be held harmless from liability to any third parties for claims asserted under this agreement. Article 20: Confidentiality A. Confidentiality. The parties hereby agree to maintain any confidential information transmitted by the other party over the course of this Agreement confidential to the extent that such confidentiality is lawfully permitted pursuant to Florida or Federal law. 2. The SUBRECIPIENT shall limit disclosure of its Confidential Information to the minimum necessary to properly perform under this Agreement. The SUBRECIPIENT understands that the City is subject to Florida Public Records laws and that information that SUBRECIPIENT may consider Confidential Information may be subject to disclosure absent a statutory exemption. In the event a public records request is made for Confidential Information of SUBRECIPIENT, the SUBRECIPIENT shall be responsible for defending its assertion that such records are subject to an exemption from disclosure and shall indemnify the City from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of a public records request for SUBRECIPIENT's Confidential Information where SUBRECIPIENT asserts an exemption to disclosure B. Health Insurance Portability and Accountability Act ("HIPAA") Generally. If the SUBRECIPIENT meets the definition of "Covered Entity," as defined in 45 CFR § 160.103, or a "Hybrid Entity," as defined in 45 CRF § 164.103, then: a. Before providing any services funded, in whole or in part, through this Agreement that may cause the SUBRECIPIENT to generate Protected Health Information ("PHI") as defined in 45 CFR § 160.103, the SUBRECIPIENT must first obtain legally sufficient medical release authorizations from each individual receiving such services. b. Such required medical release authorizations may be limited in scope; however, they must at least permit the disclosure of any PHI that is in any way related to the Subaward-funded services that individual(s) receive to the City for reporting, monitoring, and auditing purposes. C. The City hereby reserves the right to deny payment for any costs the SUBRECIPIENT incurs in its provision of otherwise funding -eligible services to any individual(s) for Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 20 of 30 259 A whom it does not have a valid and current medical release authorization as required by this provision. Additionally, the SUBRECIPIENT must require any of its subcontractors for which this provision is applicable to secure such requisite medical release authorizations as well. 2. Business Associate Agreements. Should the SUBRECIPIENT's provision of services under this Agreement require access to PHI generated by the City, then the SUBRECIPIENT must execute a Business Associate Agreement that complies with the standards found in 45 CFR § 164.504(e). Florida Information Protection Act ("FIPA") Pursuant to Section 501.171(g)1., Florida Statutes, "Personal Information" means either of the following: An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: (1) A social security number; (2) A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; (3) A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; (4) Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or (5) An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. b. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. 2. If, pursuant to this Agreement, the SUBRECIPIENT is maintaining, storing, or processing personal information on behalf of the City, the SUBRECIPIENT is the City's "Third -Party Agent" under FIPA and hereby agrees to comply with all obligations for such "Third -Party Agents" as detailed in Section 501.171, Florida Statutes. These obligations include, but are not limited to: a. Taking reasonable measures to protect and secure data in electronic form containing personal information; and b. Providing notice to the City in the event of a breach of security of the SUBRECIPIENT's system as expeditiously as practicable, but no later than ten (10) calendar days following the determination of the breach of security or reason to believe the breach occurred. Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 21 of 30 260 3. The SUBRECIPIENT shall be responsible and liable for all costs associated with any required notices, fines, or fees assessed against the City for any breach of Personal Information that is the fault of the SUBRECIPIENT. Article 21: Remedies for Noncompliance A. Remedies for Noncompliance. Pursuant to 2 CFR § 200.339 ("Remedies for Noncompliance"), if the SUBRECIPIENT fails to comply with the U.S. Constitution, federal statutes, regulations, or the terms and conditions of a Federal Award or any additional conditions that the Federal Awarding Agency or City may impose, and the Federal Awarding Agency or City determine that such noncompliance cannot be remedied by imposing additional conditions, the Federal Awarding Agency or City may take one or more of the following actions, as appropriate in the circumstances: Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT or more severe enforcement action by the Federal Awarding Agency or City; 2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate this Agreement; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated at the recommendation of the City; 5. Withhold further Federal Awards for the project or program; or 6. Take other remedies that may be legally available. Article 22: Termination A. Termination for Convenience by the City. Pursuant to 2 CFR Part 200, Appendix II, Paragraph B, contracts made pursuant to a Federal Award must address termination for convenience by the City including the manner by which it will be affected and the basis for settlement. As such, the City may terminate this Agreement for convenience by providing a written thirty (30) calendar day notice to the SUBRECIPIENT. B. Termination by the SUBRECIPIENT. Pursuant to 2 CFR § 200.340(a)(4), the SUBRECIPIENT may terminate this Agreement upon sending the City written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward was made, the City may terminate the Subaward in its entirety. Additionally, a SUBRECIPIENT's failure to complete performance on a Subaward in the manner initially agreed upon may compromise the SUBRECIPIENT's ability to receive subawards, other grants, or any other contract opportunities from the City in the future. Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 22 of 30 261 C. Termination for Cause. Immediate Termination. a. The City reserves the right of "Immediate Termination" of this Agreement, with such termination to be effectuated as of the SUBRECIPIENT's receipt of written notice which may be hand -delivered or transmitted by electronic mail to the SUBRECIPIENT's Agreement Liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B. Notwithstanding the foregoing, the City, as a courtesy, may additionally provide the SUBRECIPIENT with such notice in the manner provided in Article 5 ("Notice") of this Agreement. b. Immediate Termination pursuant to this provision shall be permitted for any number of the following reasons: (1) The Federal Awarding Agency terminates the Federal Award; (2) Any circumstance under which the City is no longer receiving Federal Award funds to reimburse the SUBRECIPIENT occurs; (3) The amount invoiced by the SUBRECIPIENT meets or exceeds the amount of the Subaward provided for in this Agreement; (4) The SUBRECIPIENT files bankruptcy or otherwise becomes insolvent; (5) The SUBRECIPIENT is determined to be ineligible to do business in the State of Florida; (6) If the SUBRECIPIENT is a non-profit agency, loss of the SUBRECIPIENT's non-profit status; or (7) As otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. The City may terminate this Agreement for cause upon providing a written fourteen (14) calendar day breach of contract and termination notice. Such termination for cause may be for any material breach of this Agreement, or if the City, using its sole discretion, determines that the SUBRECIPIENT is unable to perform under this Agreement. 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or accept the SUBRECIPIENT's proposed cure if such an opportunity is provided, the City reserves the right to provide the SUBRECIPIENT the opportunity to cure any stated breach. Such opportunity to cure can be used in tandem with, or in lieu of, a Letter of Findings issued in accordance with Article 15 ("Monitoring Requirements") of this Agreement. If the City provides such opportunity to cure, shall: a. Provide the opportunity to cure as a part of the City's breach of contract and termination notice; and b. Allot an appropriate deadline by which the SUBRECIPIENT must provide its proposed cure to the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 23 of 30 262 4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the SUBRECIPIENT's damages for such termination, if any, shall be the same as if the City terminated this Agreement for convenience. D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement was due to the SUBRECIPIENT's material failure to complywith the Subaward's terms and conditions, the City reserves the right to report the SUBRECIPIENT to the Federal Awarding Agency so that it may report the termination to the OMB -designated integrity and performance system accessible through the federal System of Award Management ("SAM"). E. In the Event of Termination. After receipt of a notice of termination, except as otherwise directed, the SUBRECIPIENT shall take all of the following actions: Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the requirements in 2 CFR §§ 200.344 ("Closeout") and 200.345 ("Post -Closeout Adjustments and Continuing Responsibilities"); 2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not yet been recouped by the City (if any); 3. Stop working under this Agreement on the date of receipt of the notice of termination unless otherwise stated in such notice; 4. Place no further orders and enter into no further agreements to the extent that either relate to the performance of the work which was terminated and direct any subcontractors to do the same; 5. Terminate all orders and subcontracts to the extent that they relate to the performance of the work, which was terminated; 6. Finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the date of termination, up to and including the final invoice due at the end of the project without reimbursement beyond that due as of the date of termination for services rendered to the termination date; 7. Take any other actions as reasonably directed in writing by the City. F. Payment in Event of Termination. If this Agreement is terminated before performance is completed, whether for convenience or cause, the SUBRECIPIENT shall be paid for the work or services satisfactorily performed. In the event the Agreement is terminated for cause, the City shall be entitled to collect all or part of any funds owed to the City by the SUBRECIPIENT by deduction from the reimbursement or payment amount due the SUBRECIPIENT. No other damages, fees, or costs may be assessed against the City for its termination of the Agreement. G. Force Majeure. The SUBRECIPIENT shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by explosion, war, embargo, government requirement, civil or military authority, pandemic, act of God, or other similar causes beyond the SUBRECIPIENT's control so long as the SUBRECIPIENT's delay Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 24 of 30 263 is not caused by the SUBRECIPIENT's own fault or negligence. Notwithstanding the foregoing, the SUBRECIPIENT cannot claim Force Majeure under this provision for any emergency, exigency, or "Act of God" that is specifically contemplated within the "Scope of Services" of this Agreement, or which in any way existed at the time this Agreement was executed. 2. The above notwithstanding, in order to claim delay pursuant to this provision, the SUBRECIPIENT shall notify the City in writing within seven (7) business days after the beginning of any such cause that would affect its performance under this Agreement. Failure to notify the City in a timely manner of any claim of Force Majeure made pursuant to this provision is cause for termination of this Agreement. 3. If the SUBRECIPIENT's performance is delayed pursuant to this provision for a period exceeding seven (7) business days from the date the City receives the required Force Majeure notice, the City shall have the right to terminate this Contract thereafter and shall only be liable to the SUBRECIPIENT for any work performed pursuant to this Agreement prior to the date of the City's termination. 4. No other damages, fees, or costs may be assessed against the City for its termination of this Agreement pursuant to this provision. Nothing in this provision shall prevent the City from terminating this Agreement for any purpose otherwise expressly stated in this Agreement. Article 23: General Provisions (Alphabetical) A. Assignments and Successors. The parties deem the services to be rendered pursuant to this Agreement to be personal in nature. Each party binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither party shall assign, sublet, convey, or transfer its interest in this Agreement without the written consent of the other, which consent shall be in the sole determination of the party with the right to consent. B. Attorneys' Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall each bear their own costs, expert fees, attorneys' fees, and other fees incurred in connection with this Agreement and any action or proceeding arising out of or relating to this Agreement (an "Action"). C. Conflicts. The SUBRECIPIENT shall comply with all applicable local, state, and federal laws, regulations, executive orders, and the policies, procedures, and directives of the Federal Awarding Agency. Should there be conflict between the various applicable laws and this Agreement, the most restrictive shall govern. D. Construction and Representations. Each party acknowledges that it has had the opportunity to be represented by counsel of such party's choice with respect to this Agreement. In view of the foregoing, and notwithstanding any otherwise applicable principles of construction or interpretation, this Agreement shall be deemed to have been drafted jointly by the parties and in the event of any ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied upon any representations or statements made by the other party to this Agreement which are not specifically set forth in this Agreement. E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in counterparts, both of which shall be deemed an original and which taken together shall constitute one agreement. Any counterpart may be delivered by any party by electronic transmission of the full Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 25 of 30 264 Agreement as executed by that party to the other party as mutually agreed upon by the parties, and delivery shall be effective and complete upon completion of such transmission. F. Governing Law. This Agreement shall be considered as having been entered into in the State of Florida and shall be construed and interpreted in accordance with the laws of that state. G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement, including the Table of Contents or Table of Terms and Provisions, are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. H. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any right that party does or might have to a trial by jury related to any Action. Remedies. No remedy conferred upon any party in this Agreement 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 rights, power, or remedy hereunder shall preclude any other or further exercise thereof. Severability. The provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependence is a material inducement for the parties to enter into this Agreement. Therefore, should any material term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. K. Signatory. Each signatory below represents and warrants that he or she has full power and is duly authorized by their respective party to enter into and perform under this Agreement. Such signatory also represents that he or she has fully reviewed and understands the above conditions and intends to fully abide by the conditions and terms of this Agreement as stated. Survivorship. Those provisions which by their nature are intended to survive the expiration, cancellation, or termination of this Agreement, including, by way of example only, the indemnification and public records provisions, shall survive the expiration, cancellation, or termination of this Agreement. M. Use of City and SUBRECIPIENT Logos. Both parties are prohibited from use of any and all of the other party's emblems, logos, or identifiers without written permission from that party. N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court of competent jurisdiction sitting in Boynton Beach, Florida, regarding any Action, and further agrees that any such Action shall be heard and determined in such Florida federal or state court. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Boynton Beach, Florida. O. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 26 of 30 265 any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. P. Written Modification. No modification of this Agreement shall be binding upon any party to this Agreement unless it is reduced to writing and is signed by a duly authorized representative of each party to this Agreement. 2. Notwithstanding the above subparagraph, the parties hereby recognize that the Federal Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted to unilaterally "pass -down" to the SUBRECIPIENT without formal amendment to this Agreement. 3. The City shall provide notice such unilateral amendments to the SUBRECIPIENT in a timely fashion to both by electronic mail to the SUBRECIPIENT agreement liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B. 4. The SUBRECIPIENT hereby agrees to work with the City in good faith to make any additional amendments to this Agreement as may be necessary pursuant to directive provided by the Federal Awarding Agency. Article 24: Attachments The documents provided for in the table below are hereby incorporated by both reference and attachment and therefore form a material part of this Agreement. Attachment Name Attachment Title Form 1 E -Verify Use and Registration Certification Form 2 Public Entity Crimes and Scrutinized Companies Certification Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise "WBE" , and Labor Surplus Area Firm Certification Form 4 Federal Suspension and Debarment Certification Form 5 Certification Regarding Lobbying Exhibit A Required Information for Federal Subawards Schedule Exhibit B Scope of Services Exhibit C Budget Attachment 1 Insurance Advisory Form Article 25: Entire Aqreement This Agreement, and any documents incorporated, referenced, or attached to this Agreement, sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements, Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 27 of 30 266 negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. [ SIGNATURES ON FOLLOWING PAGES] [ REMAINDER OF PAGE LEFT BLANK] Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 28 of 30 267 CITY OF BOYNTON BEACH, FLORIDA SIGNATURE PAGE The City has executed this Agreement on the date set forth below. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of .20 . CITY OF BOYNTON BEACH, FLORIDA: ATTEST: City Clerk — Signature Approved as to form: City Attorney— Signature Mayor— Signature SUBRECIPIENT SIGNATURE ON FOLLOWING PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 29 of 30 268 SUBRECIPIENT SIGNATURE PAGE BOYNTON BEACH, FLORIDA'S SIGNATURE ON PREVIOUS PAGE The SUBRECIPIENT has executed this Agreement on the date set forth below. SUBRECIPIENT AGENCY: Subrecipient Agency — Signature Print Name Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of Personally, Known _ OR Produced Identification Type of Identification Produced Seal Notary — Signature Print Name NOTARY PUBLIC , 20, by Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 30 of 30 269 Form 1 E -Verify Registration and Use Certification C01 IIIRIII,,,,,IE'"III"'1110114 OF "'I'"IHIIIS 111::::011111M IIS IRIIf;i OUIlR1lf;ialf111::::0IR All 11 SUIG IIf IECIIIII.'.Illlllf..:.IN'I"' Please note that the City will verify that the SUBRECIPIENT has an active registration on https:He-verify.gov. If the SUBRECIPIENT does not have an active registration noted on the E -Verify website because the Federal Government has not yet updated its website, it must then provide a copy of the E -Verify Memorandum of Understanding for Employers that the SUBRECIPIENT received upon registration to the City. E -VERIFY REGISTRATION USE CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this E -Very Use and Registration Certification and Affidavit. B. The SUBRECIPIENT is registered with the United States Department of Homeland Security's E -Verify system to verify the work authorization status of all employees hired during the term of this Agreement and shall provide evidence of such registration to the City upon request. C. The SUBRECIPIENT does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. D. The SUBRECIPIENT shall require all subcontractors performing work under this Agreement to provide an affidavit stating that such subcontractors do not employ, contract with, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 1 City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 1 270 Form 2 Public Entity Crimes and Scrutinized Companies Certification C01 IPIII,,,,,IE"'III"'1110114 OF "'I'1HIIIS 111::::011{ 11 IIS IRIIf;i OUlllllR1lf;ialf11::::01R All 11 SUIBIIf IECIIIIPIIIIIf..:.IN'I""S Part 1: Certification of Compliance with Section 287.133, Florida Statutes (Public Entity Crime) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. Neither the SUBRECIPIENT, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the SUBRECIPIENT, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989. B. The SUBRECIPIENT has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list. C. The SUBRECIPIENT acknowledges that for the purposes of this certification, the terms "public entity crime," "convicted," and "affiliate," are as defined in Section 287.133, Florida Statutes, which the SUBRECIPIENT has reviewed prior to the execution of this certification. D. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statute subsequent to entering into this Agreement with the City. E. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT's status under Section 287.133, Florida Statutes, changes in any manner. Part 2: Certification of Compliance with Section 287.135, Florida Statutes (Scrutinized Companies) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. The SUBRECIPIENT certifies that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes. B. The SUBRECIPIENT is not: On the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, and the SUBRECIPIENT is not engaged in a boycott of Israel; Community Development Block Grant Subaward Agreement — Form 2 City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 2 271 Form 2 Public Entity Crimes and Scrutinized Companies Certification (Continued) 2. On the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List," created pursuant to Section 215.473, Florida Statutes; or 3. Engaged in business operations in Cuba or Syria. C. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement with the City. D. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT's status under Section 287.135, Florida Statutes, changes in any manner. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 2 City of Boynton Beach and Pathways to Prosperity, Inc. Page 2 of 2 272 Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise ("WBE"), and Labor Surplus Area Firm Certification C01MIll:)III IE i 101N OF "'fill°tills IIf:::011zim IIIS IRil:.; Ulllllf llf;;alf l::::0IR AII,,,,JI,,,, SUIBIIfZIEClllll:)lllllf..:.Im'rs CERTIFICATION OF COMPLIANCE WITH 2 CFR § 200.321 The undersigned hereby certifies on behalf of the SUBRECIPIENT, that the SUBRECIPIENT will comply with all of the following should the SUBRECIPIENT subcontract using any portion of the Subaward: A. When selecting subcontractors and making procurements with the Subaward, the SUBRECIPIENT shall take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus firms are used whenever possible while expending the Subaward. B. Pursuant to 2 CFR § 200.321, such affirmative steps must include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. The SUBRECIPIENT understands that it must pass this obligation down to its subcontractors (if any). Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 3 City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 1 273 Form 4 Federal Suspension and Debarment Certification C0114 1l:)111,,,,,IE"'III"'111O1N OF "'fill°iIIIS l::::011111M IIS IRIIf;; OUlllllf llf;;all IIf:::O1R Ali 11. SUIBIIfZIECIIIli:)i1111f..:.im'fS Please note that the City will verify that the SUBRECIPIENT has an active registration with SAM.gov on https://www.SAM.gov. If the SUBRECIPIENT does not have an active registration noted in the SAM.gov system, then this Agreement will not be executed by the City. FEDERAL SUSPENSION AND DEBARMENT CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this Federal Suspension and Debarment Certification. B. The SUBRECIPIENT complies with 2 CFR Part 180, Subpart C ("Responsibilities of Participants Regarding Transactions Doing Business with Other Persons"). C. The SUBRECIPIENT is registered and maintains an active registration with SAM.gov and will maintain an active registration with SAM.gov for the entire term of this Agreement. D. The SUBRECIPIENT does not appear on the SAM Exclusions list and shall notify the City within five (5) business days if it is added to the SAM Exclusions list, or should its status under the SAM system change in any way during the term of this Agreement. E. The SUBRECIPIENT shall include a requirement to comply with 2 CFR Part 180, Subpart C in any lower tier covered transactions into which it enters. F. The SUBRECIPIENT understands and agrees that the City reserves the right to institute additional restrictions and conditions to this Agreement, terminate this Agreement, and pursue any other remedy available under local, state, and federal law, should the SUBRECIPIENT: (1) be found to have misrepresented its SAM.gov status in any manner; or (2) fail to notify the City of any change in its status under the SAM.gov system. This certification is a material representation of fact relied upon by the City. If it is later determined that the SUBRECIPIENT fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to, suspension or debarment. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency — Signature Printed Name Title Date Community Development Block Grant Subaward Agreement — Form 4 City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of '274 Form 5 Certification Regarding Lobbying C01M1l:N1 IE i 101N OF "'I"III°fills IIf:::011fzll IS COlmllf 111"'rloNAIII,,,,, This form is required for all SUBRECIPIENTs receiving a Subaward in an amount that exceeds $100,000. Does the Subaward exceed $100,000? No If "No" then the SUBRECIPIENT may disregard this form. If `'Yes" then the SUBRECIPIENT hereby executes the following Certification Regarding Lobbying as required by 31 USC § 1352: CERTIFICATION REGARDING LOBBYING 31 USC § 1352 Part 1: Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies on behalf of the SUBRECIPIENT that: A. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the SUBRECIPIENT shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. C. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Part 2: Statement for Loan Guarantees and Loan Insurance The undersigned certifies on behalf of the SUBRECIPIENT that: A. If any funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the SUBRECIPIENT shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. Community Development Block Grant Subaward Agreement — Form 5 City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 2 275 Form 5 Certification Regarding Lobbying (Continued) B. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency — Signature Printed Name [ REMAINDER OF PAGE LEFT BLANK] Title Date Community Development Block Grant Subaward Agreement — Form 5 City of Boynton Beach and Pathways to Prosperity, Inc. Page 2 of 2 276 Exhibit A Required Information for Federal Subawards Table REQUIRED PURSUANT TO 2 CFR § 200.332 Federal Requirements Subaward-Specific Information SUBRECIPIENT Name (registered name in SAM.gov): Pathways to Prosperity, Inc. SUBRECIPIENT's Unique Entity Identifier (UEI): EH5XLFEQ5C95 Federal Award Identification Number (FAIN): N/A (CDBG Multiple Years Rollover Funds) Federal Award Date: N/A (CDBG Multiple Years Rollover Funds) Subaward Period of Performance Start and End Date: Start: Upon Execution End: 09/30/2024 Federal Award Budget Period Start and End Date: Start: 10/01/2023 End: 09/30/2024 Amount of Federal Funds obligated by this action by the $35,000.00 Pass -Through Entity to the SUBRECIPIENT: Total Amount of Federal Funds Obligated to the SUBRECIPIENT by the Pass -Through Entity including $35,000.00 the current financial obligation: Total Amount of the Federal Award committed to the $35,000.00 SUBRECIPIENT by the Pass -Through Entity: Federal subaward Project Description: 24 CFR 570.201(e) — Public Services Activity — Assistance to Increase Self -Sufficiency; National Objective 24 CFR Part 570.208 (a)(1)(i) Name of Federal Awarding Agency: U.S. Department of Housing and Urban Development (HUD) Name of Pass -Through Entity: City of Boynton Beach Pass -Through Entity's Awarding Official Contact Name: Ty Penserga, Mayor Information: Email: PensergaTa-bbfl.us Phone: 561-742-6010 CFDA Number and Name: Number: 14.228 Name: Community Development Block Grant Is the Subaward R&D related?: No Is there an indirect cost rate for the Subaward?: No Requirements of the Federal Award imposed on the Yes, see the terms of the Agreement and SUBRECIPIENT?: attached exhibits and forms. Are there any additional requirements imposed on SUBRECIPIENT in order for the Pass -Through Entity to Yes, see the terms of the Agreement and meet its own reporting responsibilities to the Federal attached exhibits and forms. Awarding Agency?: Is there a requirement that the SUBRECIPIENT must Yes, see: Article 14 ("Maintenance, permit the Pass -Through Entity and auditors to have Retention, and Access to Records") and access to the SUBRECIPIENT's records and financial Article 16 ("Audit Requirements"). statements?: Are there appropriate terms and conditions concerning Yes, see: Article 13 ("Progress Reporting closeout of the Subaward?: and Subaward Closeout") Community Development Block Grant Subaward Agreement — Exhibit A City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 1 277 Exhibit B Scope of Services CIRCLES Boynton Beach Program Overview: Circles Palm Beach County has a goal of reducing the number of families in poverty by 10% in 10 years and is based on a proven nationwide model that empowers people in poverty to build intentional relationships across income and class lines. Among current Circles participants, all increased their income within the first 3 months, and 66% of them doubled their income or more since starting the program. Scope of Services: Circles employees, known as Coaches, match under -resourced individuals and families, known as Circle Leaders, with middle- to upper-income community volunteers, known as Allies, to establish relationships that cross class lines, create multidimensional support systems, give access to new ways of thinking and open up new possibilities for people living in poverty. The program brings Circle Leaders, Allies and Coaches together as an intentional team for a minimum of 18 months to look at poverty in a more holistic manner, as well as to explore how to build a long-term vision for their future both individually and as a community. Each Circles cohort of 15-25 families begins with Circle Leaders and their Coaches participating in a 15 -18 -week training together. After completing the training period, Circle Leaders are thoughtfully matched with an Ally. Circle Leaders and their families set the direction for activities and, together with their Allies, develop an action plan to get out of poverty, with the support of a Circles Coach who provides ongoing case management and access to resources. Allies support families in achieving goals to accomplish their plan. Leaders and Allies meet monthly, at minimum, to build relationships, review goals and steps, discuss and problem -solve barriers to getting out of poverty, such as improving self-sufficiency, expanding social networks, and enhancing academic performance of both children and parents. Moving forward, weekly Community Meetings gather Circle Leaders, Circle Allies, and other interested community members to provide support and networking opportunities. Big View Meetings are held once per month and feature a far-ranging discussion of the causes of poverty in the community and how to address them for the long-term, removing systemic barriers in the process. Pathways to Prosperity also provides dinner, childcare, and financial literacy education for children of Circle Leaders and Allies while their parents participate in Circles. Financial literacy for both children and adults is provided through our partnership with AmTrust Bank, a division of New York Community Bank. CDBG funds will be used to support the Circles Coordinator position, which oversees recruitment and income verification of Circle Leaders and Allies, training for Circle Leaders and Allies, educational sessions for Circle Leaders, Allies and their children, and support our Case Manager who will provide ongoing case management for Circle Leaders. Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. 278 EXHIBIT C Based on the "Scope of Services" as set forth in Exhibit B, below is the established budget and activities for this Agreement: Project Phase CDBG Funds Personnel $32,323.00 Payroll Taxes & Benefits $ 2,677.00 Totals $35,000.00 FUNDING AND METHOD OF PAYMENT: It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from the federal CDBG Program; and funds are subject to HUD's approval of the CITY's CDBG FY 2023 Annual Action Plan; and the approved reimbursements through HUD's Integrated Disbursement and Information System (IDIS). The services provided with this funding will be to serve low -to -moderate income (LMI) individuals that are 80% or below, the area median income (AMI). A signed and dated household income certification form and proof of income (e.g. pay stubs, retirement benefits, signed and dated income self -certification form, etc.) from individuals served, is required to be kept in individual's file. All reimbursement requests must be supported by an appropriate level of expense support documentation and progress reporting clearly demonstrating that the applicable progress threshold for the request has been achieved. All requests for reimbursement shall adhere to the standards set forth in Article 10: Reimbursement Requests and Article 11: Payment Terms. Failure for SUBRECIPI ENT to adhere to these standards may result in delay of payment and / or disallowance of funding. Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. 279 Attachment 1 The following are hereby incorporated into this "Attachment 1" (Insurance Advisory Form) by reference: City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of'vendor) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Foran Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Aggregate - $1,000,000.00 Combined Single Limit $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. 280 1 2 3 4 RESOLUTION NO. R23-098 5 6 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 7 APPROVING AND ADOPTING THE CITY OF BOYNTON BEACH'S 8 COMMUNITY DEVELOPMENT BLOCK GRANT, SECOND YEAR ANNUAL 9 ACTION PLAN FOR FY 2023; AUTHORIZING THE CITY MANAGER TO 10 SIGN THE REQUIRED HUD FORMS AND CERTIFICATIONS; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, The City of Boynton Beach ("City") is in its Twenty -Seventh year as a 15 federal entitlement community under the U.S. Department of Housing and Urban 16 Development (HUD) Community Development Block Grant (CDBG) Program; and 17 WHEREAS, pursuant to Federal regulations at 24 CFR Part 91 — Consolidated 18 Submissions for Community Planning and Development Programs, the City is required to 19 prepare an Annual Action Plan (the "Plan") which Plan must identify the City's housing and 20 community development needs, prioritize those needs since funding is limited, establish goals 21 and objectives for the funding based on the priorities, and develop a strategic plan for how 22 the funds will be used each year; and 23 WHEREAS, the CDBG program focus on priorities that are essential to the primary 24 objectives of Title 1 of the Housing and Community Development Act of 1974, as amended; 25 and 26 WHEREAS, those objectives are the provision of decent housing, suitable living 27 environments, and the expansion of economic opportunities for its citizens, particularly low - 28 to -moderate income (SMI) persons; and 29 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 30 best interest of the citizens and residents of the City to approve and adopt the City of 31 Boynton Beach's Community Development Block Grant, Second Year Annual Action Plan for 32 FY 2023; and authorizing the City Manager to sign the required HUD forms and certifications. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 34 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RES0T'DB(3 Second YeaT Annual Action Plan FY 2023 - ResoAocx I 281 35 36 37 38 39 40 41 M Sec 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. The City Commission of the City of Boynton Beach, Florida does hereby approve and adopt the City of Boynton Beach's Community Development Block Grant, Second Year Annual Action Plan for FY 2023; and authorizing the City Manager to sign the required HUD forms and certifications. Section 3, This Resolution will become effective immediately upon passage, PASSED AND ADOPTED this 1st day of August, 2023. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor - Ty Penserga t/ell Vice Mayor -Thornas Turkin Commissioner - Angela Cruz Commissioner - Woodrow L. Hay Commissioner -Aimee Kelley (Co1q,xil"ate Seal) . T) VOTE ( . ........ David N. Tolces Interim City Attorney SACA\R]3S0\CDB(3 Second Ycar Annual Action Plan FY 2023 - Reso.doex 2 CITY OF BiOYN'TON BEACH DAN DUGGlill, CITY IMANACIER �MARA FREDERIKSEN,DIII DIRECTOR U IIIIIIII IA III , IIII U RJ RAMIREZ, COMMUNITYUIU�V II 'UU IU I UU!;ION UU UII A GE FY 2023 One'Year Annual Action Flan ITY 0 1` IJ,()YP^JTU,Ji I';';IG%0 E fiP A RT l'I E 0 V, "'f d„ 1, D J A rC II A I S r""" 1 ,/, I C F" " c0DmO111UYI)",!TY DIv,1,P R O V➢ 11',,,A E NT D D V S I 0 N 100 ,°u 'V ""o 1�,6,.',�lo I� �3�lr�JiD.�'JJ /G�D'hl��o °!0)1 N f',.1CJ B E /, CII"J F I «„II"J;IIDa// 33 4 35 J'0 l!! bo y 'tj'!oI"r b e a;;;;;�r rY, 283 Executive Summary AP -05 Executive Summary - 24 CFR 91.200(c),, 91.220(b) 1. Introduction As a requirement of the U. S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBB) Program, and per 24 CFR Part 91 — Consolidated Submissions for Community Planning and Development Programs, the City ofBoynton Beach ("[(t»")isrequired tnsubmit anAnnual Action Plan. The Annual Action Plan isacomponent ofthe City's Five -Year Consolidated Plan for fiscal Year 2022/2026. The City continues its focus on priorities that are essential to the primary objectives ofTitle 1ofthe Housing and Community Development Act of1974,as amended. Those objectives continue to be the provision of decent housing, suitable living environments, and the expansion of economic opportunities for its citizens, particularly low/moderate income persons. The City of Boynton Beach's objectives plan focuses on the preservation of existing housing stock, providing new affordable housing, homelessness and special needs, and meeting other non -housing and community development needs associated with the reduction of poverty, educational needs and economic development incentives. The Annual Action Plan isanapplication for funding for the Community Development BkzkGrantkCDBB\ Program, which identifies activities that will be undertaken during the next fiscal year. These activities selected for funding are in accordance with the priorities established by the 2022/2026 Consolidated Plan and are inaccordance with the primary objectives Vfthe program. HUD's published allocation of $550,522.00 to the City of Boynton Beach for Program Year (PY) 2023 is the subject of this Annual Action Plan. 2. Summarize the objectives and outcomes identified lnthe Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City ofBoynton Beach plans to undertake the activities inpart AP-2O(Annual Goals and Objectives of this document.) for FY 2023. Which are: • Rehabilitation mfExisting Units • General Public Services 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects, The City and the CDBG program committee considered the past performance ofthe O]BGsubred ' nt when determining the allocation of[DBG funds to proposed FY 2023 activities. The [DBG program Annual Action Plan 2023 OMB Control No: asuu*zohmpo9/a0/zuz > committee considered funding requests from nonprofit organizations based upon the proposed benefit to |ovx-tn-rnoderateincome residents, their experience incarrying out the proposed activities and meeting the CDBG requirements. CDBG funding was allocated only to activities that address the high priority needs of the 2022/2026 Consolidated Plan which were owner -occupied housing rehabilitation, public services, and neighborhood revitalization ofthe Heart ofBoynton low-income target area. During the first year of this new Consolidated Plan five-year period, the city completed those housing activities that were delayed during the prior year and leveraged ksCD8G resources with those provided through the State Housing Initiatives Program (SHIP). Public services subrecipients continued to deliver services directly to beneficiaries, and continued to address the most immediate needs, All CDBG funds were used toaddress the activities determined ashigh priority inthe City's FY2D22Annual Action Plan 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The city used numerous strategies to elicit public comments including: The City advertised the availability of CDBG funds on February 27, 2023 and held three public meetings onsite and virtually. The meetings were onD2/202/28/2023,and D8/Dl/ZO2lThe City solicited input from nonprofit organizations, and encouraged residents to participate in the preparation of the FY 2023 Action Plan. There were 67 participants in attendance at both meetings. Published information ads in a local newspaper of general circulation. See attached notices and proof of publications. Posted Annual Action Plan information on the City's social media. The Draft of the Action Man Public was available for Public Comment from Friday, June 23, 2023 through Monday, July Z4,2O2l S. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section ofthe Con Plan. No public comments were received during the public review period. 6. Summary of comments or views not accepted and the reasons for not accepting them There were no comments or views that were not accepted. 7. Summary The City allocated the CQQGfunds to primarily benefit low- and moderate -income households. The CD0G beneficiaries are either income -qualified residents that receive direct services orresidents ofneighborhoods where atleast 51percent ofthe population islow and moderate Income. The City expects to receive $550,522.00 for FY 2023 in CDBG funds. Annual Action Plan 2023 OMB Control No: 250a0117 (exp.n9/30/2o ) 285 See Section AP -35 Projects for a detailed description of each activity. 8mkzw is a summary of the CDBG activities and allocations: * Program Administration —$1lD,1O4,OO in CUBB Funds for program administration. Planning and administrative cost must not exceed 2Dpercent of the grant. w Housing —$357,918.DD(FY2U23)plus $334,O11.58(prior year resources FY2O2l)intotal $691,928.58 CD8Gfunds for housing related activities. 0 Public Services —$82,5OO.ODinCD8Gfunds for public services activities. The Public Services allocation must not exceed 15percent ofthe grant. 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CL +- — c I Q) (A CL 4v C 3: -0 -;,- C 0) m V M W u 0 M 0 " = 0 M Ln < (U In m d; V) 'o 0 0 w m aj 4) 0) Cu 0 0 1- W 41 4� � tw .- 4- 4� m Cu 0 o C Q© r 0 0 u m -Fa -m 0 u 0 0 CU u V) L- 0 4� (V -0 0) -0 3: = a 3: — :t 4-1 m 1 �- o- E 'm 0- u 2 w E 4- :c3: 0 4- 0 > 0 t. 4- 0 Qj > -W Ca 0 w w C W 0 u C -0 m CL 0 :5 th CD 41 0 aj >- E cu cu E E 41 0. U o u > CL 0 Co c 4v 0 0 0 CL W :3 0 CL C: w C? Cl) (V "EEr->Mm >M = L- ai a 0 m 0 a- 0 w 0 M 0 Cu F-- 2 Su 0 'm CL m CU 1-- 2) = La-) u = "o to -C u a- 40 = < M -R 290 ........... ....... - — -------- - C 4- 0 w E 0 — 0 o 4- M 0:3 4- r6 , C: -0 0 M V) c o � M 2 4v Z to 4, c_ 0 +1 M — E 0 uLi 5 uto P o "0 I, - E to U 4. CS 4) W.0 CL CL O c 0 M on C: -0 (U 0 a) M 4J M 0 CL .0 4� (D M U -0 aj(D C: V� M VO (Yi co 0 0 0 0 -0 Ca o OL U U qj Q. L u E 10 (-4 u >- 0 u M 0 V) U tLO LL 4_-1 C u 4� ca M MVwf LL " _0 -0 E a = = 'o C: (D co 0 0 4- C: " co M V) a a 4) Y� 0 E .41 M w 4- to M 4� 4-1 4- CL 0 -0 C: 0 7 E 0 eq C: > c M 0 0 4) = C as r4 Q) 0) 4- M U 4� 0 w cL E u 0 0) E -0 2'- 0 >� -- 0 $- CL > t >� 4- u 41 r- 0 0 4- 0 (U cu 0) E On M — -C . — 0 4- N LL E E 0 J., 0 0 E 4-1 a 0 LA Ln iv > E M 0 w > +1 0 E o C C7 wu 0 4A tA 0 4� LA 0 -W M 41 c ca m u Li- > E w 0 u CL > w u am) E M w Q) >. CL 4� M U 0 w tw w w w w w o m E E E to .0 - 0" t1n, w w w w > 0 bo L- 0 cm a) M M C M u Ln < z z V) 0 z V) z (A 0) U 4 E C a) 0 0 w C: o 0 -0 u M M COM 0 0) c a z 0 0 c 0 c 0 a) C: 4A M M ai (A = 4) w L- > M = w 0 w 0 bD 0 tw V) 0 a) 2 V) 2 0 M w L- u > 4) = L- L- a -0 .— = r .�i Q) (V (1) .2 0) 4-r M -0 to 4� CL to -0 0 CA = .�p = E E E E tA3 -C : 4A 0 -0 co 0 CU 0 0 0 0 0 w c 0 c r3 4-1 4Acutw 5 0 -F, 4� tw 4, 0 0 M o Mt M ro M 'Id u 0 0 U r vi IA M 0 = 0 aj C: M 4� w 4-J n. 4- 0 73 c tio a) RAS M CL 0 (A 0 +mo0) 0 4-1 M t m -E 0 lyi 0 yd 4-1 a) M OD CL rj c 0 0 V CA M *0 bo L. u .5; CL 0 0 0 C 7= r- 4� C4 M 3: (A (A w 0 *p W :3 2 W 0 M fA vil +, C = 0 u (A °'o. %. 1 M 4) 4- > 0 9= E 0 0 c 0 I- E 0 0 U C w M M W, tW W CL 0 M :3 .0- >. 0 'n -0 0 -z; 0 t 0 E E Ac,y CO o M M N M N C M 0 4- -0 Qj 4-� 0 CL u M cu r- w o M (v N E CL M M W w 0 0 -0 0 W (A C bo M _0 M 0 0 0 44 %- 4J M 4� (V E OS < & 0 to V) co L. -0 0 t M c CL 0 E 0 = 0 3: 0 -0 a) 4� 0 0 0 — V C �p w o IA CU 4� = o L. U) %. (9 *r. 0 r r 0 0 41 6, 0 Ln , -LI Ln CL —r OA M w 't U cu -r, M a ?: ro- CL 0 .- 0 C 4� M M as a) -0 41 E° E ao w +1 c w M N M 0 W C $- 0 (A >= 0 vi 4� — 4.1 (v Z u M < M 15 . . . . ....... w > 0 W c0 a an M F- Mw = -C a) = 0 = > 290 .. . ....... .. . ... . . . ..... ......... E CL in 0 Qj aj E ro > o o ca V) ro to 0 a 0 0 u -z 0 E V) m 0 CL as cu c> > U C: m C t C: a m 0 0 Ln bZ u, oi - I 0 Q1 L= CU — G C Qj 4� a 0 -% = o 0 W A u ba U 0 m M V w +1 > 4+ w CA w CO 4- 0 (U o 00 ksA to D 0 U w tm > M 4- USi CL 4- OD fa. V) = m ai CU V, 0 Lj- a ui C) 0 ca = 0 m 0 w = J-- >- U m o L� " D W 0cs 1: (V 41 y 0 $- CLO 'Y u u CLO 4- -C I'm -;;6 Tl m C m C M o 0 2 a (u 0 = m L- 41 'M 4- vi N 0 & r m 0 4A 0 0 m 4) 0 4j r m tw E m L- C 0 -W > - 0 > .0 M IA 0 10 w 3: C 0 CA 0 0 0 0 r- U 0 w OL :17-0 CL M NZ > a 22 4 - M IA 0 0 ,Z; 1p m 3: E r- o c o tw w M. E m m 7 *j m 4' m 0 0 j .- m m 0 L4 N m 41 *" M m Vo 4- IA m C M C M o o C Vo Vu o "M V 0 0 4J M 0 0 40 4, 4, 0 00 CL 0 W co 1- 0 0. OL m CL 0 0 0 c z 0 04 a r 4) , w k',[ > r m 0, W4) >4J 0 = 4A 0 m 41 E tLt q7 .0 Qa c c 0 0o a) 4) o Lm 4- N 0 CL x r, cp ci,4 z I 0 u co 291 292 . . . . . ......... .. .. 4t :3 0 0 C tw -0 0 0m o 4-1 M M � Uas w E r 5: = a) W c 0 0v5 4�Sn > s N N 0 0 Z1 OSA 0 C u a 4� qj 0 u > Ln r- ',u U) E (OU 0 E 41 0 M 4� u 0 Z o 0 c 4� Ln E 0 4., cu � > 0 0 4-1 m " C &- >fn 0 0 41 0- 4- 0 2 .0 > 0 4 � M CL > 0 0 41 4- c 0 zs cuCL a) CL 41 V, 4-1 tn (A :3 tA 0 w F- 0 0 0 'n U 0 cu E Qj E 0(U w > 0 4� 0 mCA w u 4- 0 u E U (A a w 0 ca �2 41 CL wE E :3 m 0 U E 0 > a 0 0 r = u E 4- U a. T 0 CL E >Z :I- 0 w (A 0 0y. V) 41 0 0 E C5 a) E C: Q) 0c 4-1 Q.)m 0 E Q) E w E T - 0 - m m 4A M o u m u m :3 0 0 CA 0 w m 0 0) u = v 0 +1 0 2 W CL r 0 0 E u 0 - U :3 M 0 -0 >- o E u 3: w w CL CL 0 w q>) U (V 0 c a 0 Uj t 41 4., > 4A 4A 4� > cu E CL) MO W W W W 0) a) CLO W w t = (ID 'n -0 LZ > 41 u u u u u u E m 0 cn E =qJ LA L- > !a 0 CL 0 0 w w w w w w 0 0 w x C iL w CL _V.) hn, 0, .�—Q 5- -!v M p5 n IA m Ci 0 44 m w -P m is w 0= 4.0 f%.. 46 41 4w 4 - f% c 0 r4 0 C. (A w E 0 c0 M E 41 m c 0 0 th 0 0 0 CL 44 m W L4 M > CL 4-0 M > '�z c. >. r- SL >. v .2- o m LJ 'o CL LncE c c r (j W -.M 0 0 0 .2 .2 o o -W 4� m 41 m 41 m N 40- c c ps (A c 4wi 41 0 m m *to w m 4) m 1,14 m 0 4) 0 m W M to M tw ,a 0 0 C 4J &. m 0 0 M M 4.0 L. M L. 0 L- 0 4- 0 o M = 0 c .2 0 .2 T 0 0 0 40 41 1 41 w w m 13: w a W m = !e & 41 u tw z tw tw #A(A c c w 4) 0 0 v u 0 0 to u ii . .. .. ................ . . ... U.............. . ...... . ...... . . . .................. 292 . ........... ............ ...... . . . ..... . . ........... (U > 0 > cu > E E as > a as t ICA) 0 m CL ECL 4� U to 0 (A 0 ZA CL �=0 = -0 MD u E 4- 0 bz 0 0 a) a) c *1 c , c 0 m 0 4—A a)cu 0 CU -0 0 CU 0 ai w 41 U• U 4� to m 41 m w4� 0 > 0 z (A 0 a) m 4, 4" � m Q m m 41 4 72 a) m a 0 u u cc m 0 ca 'C -0 > a a) QJ V Q) tm W 0 0) CL 'A T a ab 0 0 m -0 CL -2 > > u 7@ W C L�L ra a) E Cl. > :3 4�1 0 > Q 0 C: -0 �l Ln 41 0 �u 0 (A w 0 co — w 0 a) 0) u v 0 CL 0 C E > U '— c c u Ln M 0 o E -a CU 14. - vi 0 m c E r- aj 41 -C u m m CL 4-1 r_ 0 m M 4L W 0 c 4- a) 4� vw U_ m 0 E 4A 0 L= �Ln a m 0 ai 0 0 m 0- Em u 0 sE m o 0 a a) to w -0w .0 V) & t4 M u ? x U_ u > > to 0 0 0 0 0 kn a) u 1 m Z V)c as tm w t-- w W 4-1 m m Q) 0 0 4�1 w V) 4.1 LM U_ a) cu 3: L5 u u IV ILI-0 IA -0 LA M :3 'a :Ll 0 a) 4� 0 _j m a) a) -0 Q) -0 E 1> m 0 4� 0) 0 -C (V E 0 40 X 3: c r m 0 13 0 o c Ci m m .2 4J 0 4j 0 4� m W -Mr. :Lj 41 45 0 (A Z; :3 LA 0 m 4� 0 C r 0 C r 0 C r 0 0 0 U 0 0 U 0 0 to E m U V v u u L_ C) C > u .0 0 u :a m .0> Oj .2 =I 0 0) w 4, 4-0 0 4., 4a 0 00 m vw m %I- vw M 4- 1 0 P4 0 vw N 0 E tft w ars4� -0 LW V m m w m CL CL u E CV L CL > _0 E m 0 0 0 m 0 0 0 m 0 0 f to (A 4.0 0a. c c 4J m r 0 0 V 0 M 4- N r 4a(D 0) 0 N u i 0 0 N N M tD 4) 0 m 0 m m m u m m u u w u .2- CL m m 0) U J= 0 m V 2p c te 2p c -0 V V I c m 4a a: wra 0 0 0 0 4A 0 41 0 0 M blo > ho c 0 M a .;: r =$ c aJ aJ 0- c ad q2 CL ddb 0) 95 0 Q 'Z� u 0 0 w u V) 0 to M an 0 M &_ 0 3M� M" 0 m 4- �: m 4 - QA 44 m M m m m (U w = 0 0 -M . . . ........ . .. .. .. .. ............ .. .. ......... .. .......... . . ....................... . ........ 00 ......... . . . — ----- . . . .. . . ................. . . ___. . __ . . . ........ I 293 294 tto a 41 V) -V V) 0) 4 M t%. c �z In 4� C: m C: a) u M m x V)E CO m C cu CO cin m anw fv0 Z 0 0) 0 0 w 0 E 0 a t c 0 C L 0 0 0 w L O a u M CU 0 bo 0) CL > w >- -tie V$ r– on 0 4T 4-1 (A -0 0 ., m ccj 0 v=r4-1 m 0) 0 a) E 0 M 4A bb to LA bn CL (v E cc E cu E 41 M OL " m CL 0 -E a) W cL E E 0 0 4) E 0 N x ai (V 0) -0 4- U > 0 4-1 12 w E 0 c- Q 0 aj z m 0 4.1 (A27 >- -0 L- 0 0 4= co C 0) :3 CL m Q) V) •U =) > > :3 0 Q) W> :3a 0 4+ 0 j3 a) 0 rLa u w 4 m LN 0 :3 4� U E E u u r_ M m 0 M 0 4-1 C IV 0 iz co y -4 4-� E r - 0 (U V, 3 W) o as E a aj -0 0 0 co z Ob c 3: a C a> to -- m Qj . 41 0 0 41 C: M 0 V, m( c t2 2 m 0 0 CL CL +� 14- r- A < CL m 0 0 0 C% IV O0 -0 tA m u u u m m ,gym, 0 a) E 0 m u Cc +-sa(Ij 0 w 0 (A 0 *0 -0 , o (3) 4� CL 0 E 0) 0 cc 0) Ln 0 -0 0 >- a = . ? 0 M > CL .14 tw CL 0 4-1 V9 C: C: 0 0 4 — V) 0 u 0 4� > L tA >- 0 4� m -6 (U =3 -0 0 0 aj C: M >� m cc 42 W = -0 0 Ln c 'T 0) cL E — - ------ L- o c t u 40- 1=1 7L, :zt C: CL 0 U c M CU tom>, 0) Ae M 0) co m >' M 4., Co -a — ca 0 w qj co w✓o 0 m 4, w C: 0 cc co o a) aj 0 r_ w . > +� c C: > 0 . 4� E r 4J70 0 aj 'm T -0 (U 0) c 0 c m ' 0 a c D 0 CL Z1 E E F 0 co 0 0 -a CO C 4 m 11 a 41 0 (V w iL o U m a m 0 0 cc co 4- 0 0 'Z (U -0 QJ bLi "ji m w aj co -0 CL w M >- m :Ll ton m — — E a L- a 4� 4� C: U CL m > 0 (D Q Q (3) Qj CO �o CL 41 CO 0 InQ) 4- CU 4� C) M a) 0 E tin - 0 — . S 4-0 U :3 +- V) 4- 0 4, 0 0 Fo V', m z --I V C�4 m W 4-1 Q) y 0 < 4� OL = cu L- 0 m w cr W 0 Z CN Co C a W 4-1 m CO E o 0 m C) C: 0 a) I CA Ln C: Ln W -0 m — NO 0 co LU , c o 41 E 4 tOl c >- 0 0- — w M > 0 bo M 4- >- 4) 0 E c acs +, u 4� > F- " aj 0 4� 0 w E 0 *- U ui E w aj U m E kh 0 E - cO (QAJ 4A I -C u E LU w on CL 0 0 O m Z - 4� >- 0 (U E 4- 0 < w ao c >- M E CL r 41 . _ w E c CL — 0 CO 0 >- C: 0 Eb 0 w M CL m (1) 0 *7) -0 u 4- 0 U :t o = 4- c 0 r_ > w L. 43) U +, (v u -0 u U 0 >- 0 0 u a Q > uj 2 vm a)0 4-0 Co LLJ a) an 0 oto ....................................... ......... .. .. . ........ Zn 4- m 294 01� 295 0---% u VA LM 0 V-1 ,4 Ch 0 CL M N V -f CL 2 c 0 CL t c N iJ 0 40 4) "a m t 0 41 VY 0 k - CL c 0 .:p m .2. m M c 0) 4 - Om E E ,A .0 m 4-1 4- U 0 0 0 M c :t E A= zi 0 m " U 0 0 CL 0 u a3 0 M U -Z,- t 0 4� 0 0 T-1 0 o o c :t' 0 >- 0 4� CL Q V) CL Ln a E m VS V$ to 0) 0 0- a) -0 a 0 0 0 u E = 4� < 2 E aj -0 to 0 CL 0 w e- c >- 41 r 4.1 =$ C: o M ai "a D 'E CL E C: M ai 4 � E V� a a) M -0 m 00 C: C: u u G. r -j m m 9-0 0 a) CL ai 04 mu 0 a m C: 0 m 4,A < 0) C: E :3 0 0 L- 0 r- — u CL Q)L-L- 00 0 s u 0 4.1 Q) U M r < 2 a 0) a m c < V) 0 0) M > M E: M CD b.0 II Qj CC V aj -C ' M a c 4� C: > E L- ai 0 4.1 4.1 iv < 0 OJ 4-1 < 0 4A ai qi N 0- 0 = V, 4+ CJ�+ 4-1 - c CJ -0 OEM—0 41 m Me) =3 c- rn 0 M 0 E *Z w j - c .0 CL r4 aj = — ai aJ m m ai W aj U- Cr 4� -> m (A .0 M 0 C: W 'A 0 a) W 4Ul 29 L- — tw ai m 0 C >- L- = i>f 4-1 0. 4� 0 L- 0 W ai m (A ai w 4- 4, = 07 :t-- 3: = +, — 4- aj 1 4- > 0 0 E - -a 0 0 0 L- i- > -0 U 23 •na CSm 4- 41 m LL E .0 a to 0- aj C c W M Qj E -C o m 4- u c c m w 0 C > 4� 0 0 to C: 0 C — 41 0) c: 0 > 0 4v w -4E w 40 - ai a) a).0 Qj 0 LA 4� M 2 c: a) E C = E t (v m 0 u w Ci CL 4- w 3: CL 0 > w o w C: > > 0 0 = 0 -0 M 41 >- > r- >- 4� 0 U V - M ai .C: aj 5u -.�e " 0 M w 4-1 E 0 ai m 0 :3 3: CL C) en +' M 4T M o m E E 41 >4.1 C: 0 Zi -C W ai ct E M m U 4- cn m M M 0 — W 4� s CA *, 4� M ca N (V Z o > •�yr 4� 00 = u E 0 OD r) Ry o u c CL E t o m u V) 0. o u co �o 'D 0 rq ai ai ai to Zi ai m CL = = 3: = r) C 0 o to o � Q m c 1 m m 41 u m < c(1) CL W 0 E Z; 0 0 cn o 0 4� 6.0 0 0 C: M +1 0 t 0 0 to 04 C: 41 w 4A ai u 41 m E 4.1 U > 0. -0 0 a- M OJ E CJ E o -0 M r4 m L- 0 , CL a) M — o E m - 0 ai 0 r -i CU .0 4� di 0- CL to 0 c u M art :3 V� t go E rn yr m — -a w rn -0 a-, v OL r -j a— w m c L.L C CL us 2 ai U cj U +� = c " m nL 0 m .0 .0 +- w C*4 0 4� m a. c: W 0 41 M CU M W C-4 .0 E C: o r- 4� 4, mo o 4� m 0 a U rj cL 2 41 W tw 4- C 4" 5 41 C: 00 W N 'ou Lmia E cu 0 v) E 4 -0 4- 0 m =Qj m E m CL m (A 44 0 u 4- c 0 U U u M IV ai Q s > m -a -0 0 QJ -N, -0 0 Z c 0 o 5 Z a 42 c CL m :3 x m o c E aj E= o CD :3 (" a- .0 m ar ........... . . . ....... m E Ems_. 0 0 m 04, M E E 0 0 z u I -so 4- M 0 c t 0 m V m E E 0 (A 0 w m Q- w 66 . . . ......................................... u m Q; to = -0 Ln 4- a cn 0 m L E C v) .. o W E 0 E u W w tw 0 m CL m m 0Ct .2 ca 0 z 0 m -0 "D N 'o 00 :D CL cu 3: c m ill-" pyW w c M M 0 w cu LL < ........................ E 0 t 0 ...................... 297 . ............ - . . . . . ....... .. .. ........ . . ........... . . . ... . m CL z CL m .... . .... . . ..... E EO 0 0 4- u m 0 U W m M 0 E r- C m E cru ............. . ... .... ................ .............. .� Q)C: E E M E 4'W r- V) 0 U a E 4) 41 U u yr E 6. ECL E > E 0 Q ........ ... ........... 0 0 0 0 ...-g-AIJ . ....... O 4s of m 0 4A 0 bD (D m +t E 4- m M r a) E (A 0 -' i�- 0(v 4- 2 -0 a Q -0 E CL 4� kn 'c IA C OL -0 E " -0 Ln -0 en w M Qj E Ecru 0 0 Ca ai O C 40)+O-,0 u -0 4t 0 O CL L I .......... m m O CS m 0 0 10 m o cu txo 41 = ami (D :t_l (U w m 0 4�t m o 00 r 4"" E aE 4� E m fL 0 I c I E c c: E I c E . . . ............... 0 0 0 0 0 0 o rV m m m 0 CL -Fa M C a) 7- w 4� w E ej ;>CZ CD to rn > E r 4 0 w L, E u E *4m C: C-4 0 0 L- m " 0 C) 4- M 0 0 0 E " 0. CL m — >. oC 0 M 4) ?: = U to -T:) "a 0 ai QJ 4� = C -0 M 4, - 6 m to C: >- .2 CL 0 0 ;50 0 v 0 M L. 0 t 0 ... . .......... . Lr) no- 298 299 QJ 0 E o C yr E 0 4", 0 0 " a) C 0 't m > Q, Q) :t 0 — >� -0 :3 00 L- -0 Ln 0 76 CL (D CL (D I (v a) • , " ":zr — w o en m :t t C U -ti 1) 14 > :3 'Z 0 0 E u7 N 4� P m c 00 = a) m w u 0 " u C: E r - m _0 u zs ai qj m 5 E C 0 C) M_ u E an CO > -0 0 eo M CL CL c U C.) 0 m E 0 0 L- :3 — 4 -D 4-1 E ,- w = 0 o o E w O 4-1 0 C: E v) -- m EN 0 4 to CL M 0 N Rs aj 0 U a " o o LL Co CL 4- (A "Cc CL E .Fr c m W > M W t w 41 a CL 0 4- 0 0a) co > ,— :t C > 41C cu 4� N ZS C: M 0 1A O-ftk 0 0 1= = U cru4-1 0- o L, a) - 0 m > E u 4@ WitCL 0 0 - E C 0 0" 0 N Ln 4- 4- N(A E 0 00 u) E LnE qj m m (-4 -a 0 L- , 0 4� U 4- M 0 L- . c to (D 41 r14 QJ tZ E C 2 > a cL cu 0 0 r 4- E 0 CU 0 CU m (A 4N M 4) E cw m a > rL > O 0 .> u z u 0 7@ cr Q 4� > m C CLO Cc CL >, (u m ru C) 0 Lr) Ip X w co 0 ca 0 Ln q m m u V-4 0 CLI -C 4.0 4>�- 4- > M u (1) 4c 15 Q E C) 0 0 E: .0 7-0 41 - 299 E4 r„,,,,,,,,,,.. ................ . . . . . . . .. - - ----- Vf 0 txo -0C CL -0 fx-0 •4- M C 04 -r AA 0 -0 M c LA W ch r) q .00 U -C rA 41 V) m a) L- ru 4� t rj m Z u C) V) CL (a (N 4� 4� twL LL o > C: C) m .C: > 0 z-, r 'u 0 x E ui cc 0 C 00 0 U M1 N 41 m Ln 0) 00 0 �f rl 00 m� 00 0) 00 Ln C) 0 4A ZF (v in ro m Cs ........... ...................... . . . . E ic, 0 E E 0 CL c0 CL C) . . . ............... 0 W 0 4” m Ul) 00 u 0 I 0 . r" Ln Ln m 0) CL CU E -D 41_a 10 a) QJ ul C W D 0 > 0 W4A > = " EL 22 i 0 0 E 0 ti Ll != -CL 4) M c 0 4-s7 an 0 zs .0 CL U E tw (D cc ai 4; B 9 C: m .0 N m 300 E E 0 u Q) 4� Q) 'a E 0 u 0 41 LA 4-* Qi 4ce+ m 4� V, m m Qi rta 0 au 4� 0 LA r- 0 u 0 76 '76 Qj vi (D ca zs QJ 4-1 0 QJ E m x E aQ0 CL CL 2 t m CL Qy 4.1 an :3 0 QJ 4-1 m V) VS 2 O CL 0 Qs LL to .r- 0 r m -0 �c 301 00 be used to address the needs idented in the plan The city will continue to seek vacant land and residential structures for donation or sale to non-profit developers as these become available, The cost of properties in Palm Beach County has become unaffordable because of investor speculation. At the time of submission of this Plan, the City does not own properties that might be used to address the needs in the plan. My= The allocation of federal resources and program design will be impacted with more focus on meeting immediate needs. Public -services to assist special needs and vulnerable populations and persons who are at risk of homelessness due to job loss will be top priority for resources, There are also opportunities for the City to work with other governmental entities and the private sector to address the needs of Boynton Beach residents. OMB Control No: 2506-0117 (exp. 09/30/2021) 302 IA 0 V a m 0 tii El m a E M E 0 4� < C: < 303 . ........... E CL A) q'W.0 to 0 u :t It* > r-4 c 0 0 0 -r 0 aq7 tio cy 0 (v CL W E v) o 0 .... ......... 00 LA C) C) c U. co in 0 4- 0 :3 EL u 'U LA -�o 0 ;t� :3 C0 (U x W x " C (D CL Ma M 0 ............................. . .. .. .. .. ........... -H-) . ............... . . . .... to ❑ c o to lao C: >� o 4� (1) 41 4m L- E 4� CL C E (U E 0 0 Z .......... M r- Uj C:) >' C4 C) 0 I'll. ........... en ro ------- 4� m 0 0 bb Ta q) L7 41 M ............ . . . . . . ......... .................. m a E M E 0 4� < C: < 303 ........... . .. ... .... ........ 0 M 9. E C: 4 c 0 0 fJ 4- C: 0 nen 0 u z3 CL CL 0 CLZ mCL E ro (U m 0 m 4- u 4� CU Q) 4-1 M C E 0 Co 0-0 w c C 04 0 C < 0 m u E u it M M L- CI -- 0 6- o- Ntxo 41 u _ 0 a bb 0 M V, a CL E E cL 0 0 r LA- w 4., .2p E .0 aum 4� C > 0E Q) 'M -C m o > 41 0 m o i= L- c < CL E 0 :t on (14 C) 4C14 m o Q3 U c (D co M .0 0 -C-0 u c ai 0 0 aj (A 4- 0) =- 0 oE . 1,0 4- Ln M 0 of 0 SJ tll C_0)T3 4-1 O 4� c m r- r -a aj 4- o m r o .2 E m < w U > 0 x O (v to N N u m 0 E to 0 E I m C: m 00 w 0 r - CU "tw , 0 3: CL z yr 0 0 IJ = 0 (L LL -0 U C . . . . . ....... 0 .0 .0 Qi si Qi L aj E uo E m w m 0 m 44AJ w z a z a z fC m m r6 r0 t6 0 0 0 0 0 0 to to to (D ID Q . . . . . . ......... . . ........................... 304 AP -35 Projects — 91.220(d) Introduction The following table contains the projects that the City will fund inFY2O23-2024using O08Gfunds. Upto2O% of the CDBG grant can be expended on Planning and Administration. State of Florida SHIP and City general funds will be leveraged with the federal funds for Rehabilitation of substandard housing, and the cost to administer the project. CDBGfundsaUncated1oPub|ic Services will beawarded through aRequestforProposal process for eligible and qualified community-based non-profit organizations, to provide needed services that will assist in the improvement of the quality of life for our underserved population. No more than 15% of the CDBG grant can be expended on pV6|iCservice activities. The specific public service activities to be funded below were based onthe priorities set bvthe Consolidated Plan and applications submitted bythe non-profit organizations, Projects # I Project Name 2 Housing Rehabilitation ousing Rehabilitation Administration 4 1 Boynton Beach Faith -Based Community Development pration, Inc —A ,in —Elder Care Program Place 5 Legal Aid Society of Palm Beach County, Inc. — Fair Housing 6 Pathways to Prosperity, Inc. — Circles Boynton Beach 7 Boynton Beach Faith -Based Community Development I Corporation, Inc — Limit ed Rehabilitation Program Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Allocation priorities were based on the City's housing and community development needs assessment contained in the Consolidated Plan, feedback from residents and other community stakeholders, funding applications received through a competitive grant applications cycle, and the City Commission, TheCD0G application review committee considered funding requests from non-profit agencies based upon the proposed benefit to low- and moderate -income Boynton Beach residents, the agencies demonstrated capacity to carry out the proposed activities, the financial feasibility of the proposed activities, and the amount of funding The economic dislocation caused bythe COVID-19 pamdemichasdispmportiona|lyaffectedlow-to-moderate- income households. Housing market conditions related to demand and supply ofboth affordable rental and homeownership housing and the high costs of vacant land and construction makes it very difficult to serve the housing needs ofLK1|families. The City ischallenged to develop and implement vxeUcoondinatedamd Annual Action Plan 2021 OMB Control No: zsna-0117(e,no9/a0/zo2a 305 integrated outcome -driven service delivery system that meets the City's housing and community development needs and goals within the limits of available funding and external conditions. The City will continue to address the affordable housing crisis which was deemed the highest priority in the needs assessment by continue to fund Owner -Occupied Housing Rehabilitation activities. The rehabilitation of existing single-family homes to include roof replacement or repair, installation of energy efficient windows and doors, plumbing repair, electrical upgrade and other repairs in an effort to eliminate slum and blight, and preserve the city's housing. Annual Action Plan 2021 OMB cv"trmNo: ososnxz (exp 09/30/202 3) 306 AP -38 Project Summary Project Summary Information ............................................... ... . ................ Project Name — ------ CDBG Administration Target Area Citywide Goals Supported ........................................................................................................ . ....... Program Administration Needs Addressed .. . . ....... Program Administration ............ Funding ...... CDBG: $110,104.00 . . . . ... ........................................ . . ................................................................ . .............. Administration of the CDBG program to include staff and other related Description cost of program management, coordination, monitoring reporting, evaluation and oversight. Subject to statutory limitation of 20% of annual allocation. Target Date ___ .. . . . .......... 9/30/2024 ............ ........ .... Estimate the number and .... .... ........ ................................................................. Not Applicable type of families that will benefit from the proposed activities . ................................................................ . . .................................. . ___ Location Description . .... . . ....... . . ............... . ...... ___ . . .. . . ................................................ .. .... . ..... Citywide Planned Activities Daily administration of the plan to include monitoring of subrecipients, providing technical assistance, reporting and other dministrative duties. 2 Project Name Housing Rehabilitation Program .......................... Target Area Citywide .------.. .......................................... .. .. .. .. . . . . . ......................................................... Goals Supported . ..................... . . . .... . ......... Housing Needs Addressed Housing Funding $85,000,00 Description ,The rehabilitation of existing single-family homes to include roof Ireplacement or repair, installation of energy efficient windows and I doors, plumbing repair, electrical upgrade and other repairs in an I �effort to eliminate slum and blight, and preserve the city's housing Mock. Target Date 9/30/2024 - — -- — ------ Estimate the number and .....— - - ------- . ... .... . ....... Estimates three (3) families will benefit from this activity type of families that will benefit from the proposed I activities ............ -1 .............. .......... . . .... Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 09/30/2023) 307 g ..._.. .., Location Description .. ............... ... ----- Citywide with emphasis on the Heart of Boynton target area. Planned Activities administered by the City's Community Improvement Division or through a sub-recipient partner, this activity will provide housing assistance to low and moderate-income or elderly homeowners. ._ m 3 Project Name ..... Housing Rehabilitation Administration Target Area Citywide Goals Supported .... ... _..... ......... _... _ . Administration of the Housing Rehabilitation program ..... ., Needs Addressed .........___ ... .. Housing Funding CDBG: $71,929.58 ....................................... ....... Description . _ ._ ........ Costs associated with administering rehabilitation to include writing work specifications, inspections, daily monitoring of projects, interaction with contractors and sub-contractors. Target Date 9/30/2024 .........,. �..... Estimate the number and m...., ...... ........ �r,,........, 21 families are expected to benefit from this activity. type of families that will benefit from the proposed activities Location Description __. Citywide with emphasis on the Heart of Boynton target area. _ .... Planned Activities .......... ...... .,,, .............. Costs associated with administering rehabilitation to include writing work specifications, daily monitoring of projects, interaction with contractors and sub-contractors. 4 Project Name General Public Services — Boynton Beach Faith-Based Community Development Corporation, Inc — Aging in Place — Elder Care Program Target Area Citywide Gauls Supported ._.. ............... ,...._._....... Public Service .�. Needs Addressed ............. Education, Support and follow up Funding __ ........... _. CDBG: $40,000.00 .... .... Description .....- ............. _ o, ...... The Aging in Place — Elder Care Program will provide 3 basic components to Seniors: Food and Nutritional Education, Social V Activities and Basic Essential Social Services. Seniors will be connected to a local network of partners and resources engaging them in managing their wellness, both physical and mental. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 09/30/2023) 308 Annual Action Plan 2021 OMB Control NO: 2506-0117 (exp, 09/30/2023) 309 ... .... Target Date ... . . ......... . . . . . .... .... . .................... 9/30/2024 Estimate the number and .................... . .... __ . . ....... 150 ILIVII Seniors assisted type of families that will benefit from the proposed activities . .. . ......... . . . .— Location Description ..... - ----- -........... Citywide Planned Activities ........ ........ Education, support and follow up 5 .... ... ..................... Project Name ........... . .. . . ........ General Public Services - Legal Aid Society, Inc. - Fair Housing Project Target Area Citywide Goals Supported . .. ........ . ......... . . . . Education and Fair Housing . . ..... Needs Addressed ....... ..................................... . . . .. .. . Education and Outreach to inform the underserved population about fair housing laws and their legal rights. . ..... ............... Funding CDBG: $7,500.'00 - --- — - - ____-------- Fair Housing Education, and legal aid assistance to low, low-moderate Description income persons/families in Boynton Beach. Target Date . . . . . ........ —_ ...................... ........... . ... 9/30/2024 Estimate the number and 5 low and low to moderate-income persons estimated to benefit type of families that will from this activity. benefit from the proposed activities ... ........ . . . ....... ....... . . . . ........... .. Citywide Location Description Planned Activities ........... ................... . . . .......... Fair Housing education and complaint follow up. 6 ',,,,,, .................................................................................... . Project Name -- -- ------- General Public Services - Pathways to Prosperity, Inc. - Circles Boynton Beach Target Area Citywide Goals Supported Provision of Public Services ....... - - — -------- Needs Addressed ....... . ................ . ...... _ ............. Public Services, General . ............ Funding ................ CDBG: $35,000-00 Description . . . . ......... __'_ .... . . . . . ................................................................ This activity will benefit low- to moderate-income individuals and households by providing financial literacy training, mentoring, and case management. .. .. .......... ... . Target Date ... .... .. 9/30/2024 . . . ................ . ... .. . .. . _ . . . ...... J Annual Action Plan 2021 OMB Control NO: 2506-0117 (exp, 09/30/2023) 309 .... . . . . . .................... . ... . . . .......................................... .... Estimate the number and . . ........ ___ ------- . ............... ___ - - - — - 50 LMI individuals type of families that will benefit from the proposed activities Location Description Citywide Planned Activities Education, support and follow up ...... ....... . . . . . . ................ . . . ................ . . . . . ................ Project Name ................ ---------- - General Public Services - Boynton Beach Faith-Based Community . . .. .. ... Development Corporation, Inc. - Limited Rehabilitation Program . . . ....... _ Target Area Citywide with emphasis on the Heart of Boynton target area ........ Goals Supported . ....... . . . . . ........................................ . . .... .... ... Housing Needs Addressed ......... ------- . ............... Housing Funding CDBG: $535,000.00 ............ _ . ....................... . ................................... Description ....... ................. This project provides funding for housing repairs and improvements to eligible LIVII-individuals (at or below 80 percent of AMI), elderly and/or disable homeowners. The purpose of the Limited Rehabilitation Program is to stabilize the homeowner's residence by making essential repairs to make the home safe, accessible and livable. Target Date 9/30/2024 Estimate the number and type 18 LM I families are expected to benefit from this activity, of families that will benefit from the proposed activities Location Description Citywide with emphasis on the Heart of Boynton target area Planned Activities Costs associated with administering rehabilitation to include writing work specifications, daily monitoring of projects, interaction with . . . contractors and sub-contractors. . ....... ..... . ........ . . . . . . .. Annual Action Plan 2021 OMB Control Noi 2506-0117 (exp. 09/30/2023) 310 AP -50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will allocate federal funding on a citywide basis for the 2022 program year, with concentrations within Census tracts 5601, 5701, 5702, 6100, 6201, 6203, and 6300. Housing rehabilitation, however, can be citywide for income eligible homeowners in need of code -related repairs. All projects included in this Annual Action Plan will benefit low- and -moderate income residents throughout the City. Geographic Distribution 11_11_11----"- ................................. ...................... . . . ....... Target Area Percentage of Funds Low- and Moderate -income Areas 65 Citywide 35 .............. Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically Boynton Beach adheres to all program -specific eligibility requirements when allocating funds. Priorities for allocation of funding have been established through a combination of public feedback, needs analysis, internal and stakeholder feedback and opportunities for leveraging. All the proposed Action Plan projects will serve very low-, low-, and moderate -income persons and households. All CDBG funds will be geographically allocated citywide, with preferences on the CDBG target area as it is the area with the highest area of minority concentration and lowest of incomes. The City plans to focus its CDBG funds in its census tracts that have a low -to -moderate -income (LMI) population of 51 percent or more including the area called the Heart of Boynton. Discussion See above discussion. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 09/30/2023) 311 AP -55 Affordable Housing — 91.220(g) TATMUT1=4I Affordable Housing continues to be a priority with the City of Boynton Beach. The City's housing stock is aging and low- and moderate -income homeowners cannot afford to maintain or repair their homes. For this reason, rehabilitation of owner -occupied housing has been determined to be a high priority. The home repair needs of elderly persons and other income eligible households will continue to be addressed under CDBG and the SHIP Home Repair Program. During FY 2023-2024, the City of Boynton Beach will leverage State of Florida SHIP funds to assist 21 non -homeless households with rehabilitation of owner -occupied housing units, production of new housing units, and acquisition of an existing housing unit. One Year Goals for the Number of Households to be Su Homeless Non -Homeless Special -Needs Total Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Su Rental Assistance The Production of New Units Rehab of Existing Units Acquisition of Existing Units Total Table 10 - One Year Goals for Affordable Housing by Support Type FONT; M=- i During the second year of this new Consolidated Plan five-year period, the city will focus on completing those housing activities that were delayed during the prior year and leverage its CDBG resources with those provided through the State Housing Initiatives Program (SHIP) to address the first-year priority housing needs reflected in the statistical analysis contained in the Plan. This will include $357,840.00 in CDBG funds from FY2023 and 334,011.58 PY 's 2021 and $1,711,450,00 in SHIP funds from PY's 2022 and 2023. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 09/30/2023) 312 AP -60 Public Housing — 91.220(h) Introduction The City of Boynton Beach does not own or operate a Public Housing Authority or Public Housing Agency within its jurisdiction. However, the Palm Beach County Housing Authority (PBCHA) does own forty-three single- family units in Boynton Beach. Palm Beach County residents are provided with affordable housing options that are free of housing discrimination and architectural barriers according to the PBCHA. Also, the Delray Beach Housing Authority provides Section 8 vouchers to residents in Boynton Beach. These tenants are kept aware of opportunities that become available within the city that will improve their living standards. They are notified whenever job fairs are scheduled as well as the CDBG process. Actions planned during the next year to address the needs to public housing N/A. Actions to encourage public housing residents to become more involved in management and participate in homeownership Outreach efforts are coordinated between the City of Boynton Beach, Palm Beach County and Delray Beach Housing Authorities with regard to informing Section 8 and/or public housing residents of new homebuyer opportunities. This includes notices of all homeownership seminars and workshops being sponsored by the city or its non-profit affordable housing partners. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not Applicable Discussion See above. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 09/30/2023) 313 AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The Homeless and Housing Alliance (HHA) of Palm Beach County (formerly the Continuum of Care) is intended to deliver a comprehensive and coordinated continuum of services for homeless individuals and families, The City of Boynton Beach is under the umbrella of the HHA of Palm Beach County. The system's fundamental components include homeless prevention, outreach and assessment, emergency shelter, transitional housing, supportive services, permanent housing, and permanent supportive housing. The HHA includes community- based membership with representatives from government, business, formerly homeless individuals, law enforcement, banking, housing service providers, faith groups, education, veterans, health care, and concerned individuals. Palm Beach County Division of Human Services (the Division) continues its role as the lead entity for the HHA which began in January 2006. City of Boynton Beach recognizes the need to address the homeless individuals and families, and those persons with special needs. A portion of SHIP funds are set aside for households with members with developmental disabilities. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City gives priority and allocates CDBG funds to projects benefiting the homeless population whenever it receives applications for CDBG funds. While the City does not receive Emergency Solutions Grant (ESG) funds, the City supports Palm Beach County Continuum of Care strategies to address homelessness. The City actively collaborates with Palm Beach County and other local cities to address homeless related needs. Palm Beach County uses the Service Prioritization Decision Assistance Tool (SPRAT) is the assessment tool used during outreach activities. The tool prioritizes whom to serve and identifies what supportive services should be provided. Palm Beach County's Homeless Outreach Team (HOT), which leads the County's homeless outreach program, utilizes the SPRAT to conduct initial assessments in the field. Individual SPRAT scores are used to determine what programs and services are the most needed by the homeless individual. The HOT Team travels throughout the County to various location where the homeless are known to congregate in order to conduct on-site screenings. The Homeless Coalition of Palm Beach County conducts Homeless Connect events throughout the County. These events allow the homeless population to receive haircuts, toiletries, clothing, and other related items. The Senator Phillip D. Lewis Center is the point of access for the homeless population to obtain housing and/or services in Palm Beach County. Homeless individuals and families are referred to the Lewis Center from the County's Homeless Outreach Team, as well as law enforcement. Annual Action Plan 2021 OMB Control NO: 2506-0117 (exp. 09/30/2023) 314 Addressing the emergency shelter and transitional housing needs of homeless persons Palm Beach County's HHA continues to prioritize the emergency shelter component for the County's ESG program. Palm Beach County provides ESG funding to support a transitional housing facility for single homeless men and two emergency shelters for victims of domestic abuse. Palm Beach County operates a temporary emergency homeless shelter, the Lewis Center Annex. This shelter provides beds, showers, meals, medical services, and other supportive services for up to 125 chronically homeless persons. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Palm Beach County assists homeless individuals and families to transition into permanent supportive and independent housing. The following actions will be undertaken by the County and its partners to help the homeless population transition into a permanent form of housing: • Palm Beach County will continue to utilize Continuum of Care (CoC) and ESG funding to support three (3) Rapid Rehousing programs. These programs will provide financial assistance to homeless individuals/families to regain stability in permanent housing. The financial assistance will include security deposits, rental assistance, utility deposits, and utility assistance. These households will also continue to receive case management and other supportive services. • HHA has established as a goal for the Continuum to give funding priority to permanent supportive housing programs that dedicate 100% of their beds for the chronically homeless. • State Housing Initiative Partnership (SHIP) funds will be used by the County to operate a Housing Reentry Assistance (REAP) Program. This homeless prevention program will provide rental security and utility deposits to eligible households whose income is up to 50% AMI. • The County's CoC funding will continue to support permanent supportive housing programs that dedicate 100% of their beds for the chronic homeless population. These programs provide 64 housing and support services to individuals as well to families. • The County will continue the SMART (Support, Marketing, Assistance, Rental, Tenant) campaign which recruits potential landlords to a database to match them with homeless individuals and families who need housing. Persons housed under this program are provided with deposits and monthly rental assistance which vary in length and dollar amounts based on the client's needs. Each household is assigned a case manager who in turn becomes the landlord's point of contact, Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 09/30/2023) 315 Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. Palm Beach County uses local, state, and federal funding to support Homeless Prevention activities that are designed to assist low-income persons and families that find themselves threatened with homelessness: • Palm Beach County provides financial assistance in the form of emergency rent and/or utility payments to households in order to prevent the household from becoming homeless. Homeless prevention funds target those individuals and families who would become homeless without the assistance. • Palm Beach County participates in the Reentry Task Force whose mission is to implement comprehensive re-entry services to ex -offenders from the time of their entry into the prison system through their transition, reintegration, and aftercare in the community. These services will include, among others, case management and housing assistance. The Reentry Task Force partners include Palm Beach County, Criminal Justice Commission and Gulfstream Goodwill Industries. • Palm Beach County makes funding available to agencies that provide housing and support services to youth who have been discharged from the state's foster care program and provides CoC funding to support the "Connecting Youth to Opportunities" program that provides rapid re -housing and support services to unaccompanied youth ages 18 to 24 who have aged out of the foster care system. • The Lewis Center coordinates with area hospitals and mental health facilities to permit discharged patients to receive referrals to the Lewis Center. The referrals will allow for the discharged persons to access the County's homeless services. The County's Division of Human and Veterans Services has oversight of HUD's Youth Homeless Demonstration Program (YHDP). The County awarded 3 nonprofit agencies funding under this program to provide eligible activities that serve youth experiencing homeless, including unaccompanied and pregnant or parenting youth, where no member of the household is older than 24 years of age. Discussion The Homeless and Housing Alliance (HHA) of Palm Beach County, with the support of the members of the CoC within the County, strategically support the needs of persons experiencing homelessness and persons with special needs. The jurisdiction will continue to support the most vulnerable, at -risk community members through housing and supportive services. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp. 09/30/2023) 316 AP -75 Barriers to affordable housing — 91.2200) Introduction: The City of Boynton Beach remains committed to providing Affordable Housing. The city and its Community Redevelopment Agency conduct housing studies, and adopts plan ordinances to eliminate barriers to affordable housing. The city actively seeks to assist potential homeowners and developers interested in developing in our community. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City's adopted Local Housing Assistance Plan (LHAP) delineates steps taken to eliminate barriers to affordable housing. The City moved to lessen restrictions on development of non -conforming lots. The regulations focused on the Heart of Boynton District, the area with a significant number of such lots. They were previously unbuilclable due to lot size and frontage requirements. In order to allow single-family residences to be built on these lots, staff modified development standards including revisions to lot area, lot frontage, setbacks, and minimum livable area. This action furthered the City's goal of increasing the inventory of attainable housing. Community Improvement staff continue to work closely with the City's' Planning Department and is currently strategizing with local affordable housing providers. Staff remains committed to the following: • Explore actions to eliminate land development regulations that impede affordable housing • Continuing supporting traditional lenders who support affordable housing and promote equal housing for all • Educate low and very low-income persons of fair lending rights and policies • Prioritize the provision of housing for very low, low, and moderate -income families with persons with physical or mental disabilities Discussion: The production of affordable housing requires intense collaboration with lenders, developers, community leaders, and local government. It requires many incentives to keep everyone at the table in an effort to eliminate stigmas that may be associated with the production. All involved need to understand what the investment does to the community. Annual Action Plan 2021 OMB Control No: 2506-0117 (exp, 09/30/2023) 317 Introduction: The City ofBoynton Beach will undertake avariety ofactivities aimed aLaddressing the needs of the low- and moderate -income households. This includes providing affordable housing to the extremely low-income population, addressing homelessness, and providing public services to |ovv income children and families in need. Actions planned to address obstacles to meeting underserved needs The City supports services and projects aimed at addressing homelessness, social services and housing affordability. The City of Boynton Beach will continue its current initiatives and collaborations with sub grantees, other public, private agencies and social sen/ice providers to meet the needs and eliminate the obstacles ofits underserved residents. Programs utilizing CDBG funds and other countywide sources, impact numerous families with job searches, suitable housing, and food. The network fosters communication throughout the city. Actions planned to foster and maintain affordable housing The City preserves existing affordable housing stock by help financing rehabilitation of affordable housing projects or negotiating with the new owners of affordable housing projects. The City continually supports the preservation and development of affordable housing to maintain and increase affordable housing supp|y. Addition incentives offered are expedited permitting, and reduction in building fees. The City will continue efforts ¢ffostering and maintaining existing and new affordable housing byworking with our housing partners and potential new developers to expand and increase affordable housing opportunities. Actions planned to reduce lead-based paint hazards Overall, the goal of the City of Boynton Beach is toeliminate lead-based paint hazards and prevent childhood poisoning in our community. This can only be achieved through partnering with our public and private sectors. The City will follow all procedures specified inthe applicable program regulations for activities receiving these funds. The city will also provide all contractors/sub-recipient agencies the required notifications to owners and occupants and inspect for defective paint surfaces in pre -1970 properties assisted. Any defective paint conditions found will be included in the project scope of work and treatment prov|dedtothe defective areas, All paint inspections, risk assessments and clearance testing of suspect properties will be performed by licensed testing professionals. As a policy, the city provides the HUD required informational pamphlets to homeowners and contractors to ensure that both the lead safe work and the EPS's Renovation Repair, and Painting Rule (RRP) practices are being used for all Federally funded housing activities. Actions planned to reduce the number of poverty -level families The City's Economic Development efforts will provide incentives for business owner that will address the reduction ofpoverty level families. The city will work toincrease the number ofhigher pay|ngjobsthatmay in -turn reduce the number of poverty -level families and strive to expand new economic opportunities to build a more equitable business climate in Boynton Beach. Through its partnering agencies and non -profits Annual Action Plan 2021 OMB Control No: zo06n1o(expn9/am2»23) 318 organizations, efforts will continue tosupport educational opportunities, promote programs that prepare the workforce for new, or career changing paths to financia I independence and seek new businesses that wil I retain young local talented residents. 4dditiona|ky, our sub grantee Pathways to Prosperity offer services that help develop employability skills for residents, thereby increasing their household incomes. Finally, the City supports applications for CDBG funds for job training and placement for youth and adults. Actions planned to develop institutional structure The City has a strong system of delivering and coordinating its community development goals and objectives internally with its City Departments and externally through its partnerships with lenders, nonprofit developers and social service providers throughout the county that allows for the leveraging of resources. The city undertakes consultation process each year and invites comnnents/feedback from stakeholders within the housing and service delivery environs. Actions planned to enhance coordination between public and private housing and social service agencies The City will continue to work with public and private agencies to coordinate the delivery of housing and related services. The City also maintains close relationship with nonprofit organizations that provide social services tothe community. The City administers its homeowner programs for existing and new homeowners with CD8Gand State funding with its collaboration efforts with lenders, housing providers, and public housing agencies. This delivered with credit counseling, budgeting, and foreclosure prevention. Discussion: Affordable housing development requires multiple funding sources including the City's local funds, State dollars, federal funding, and available redevelopment property amassed by the City. To keep pace with the increasing demand for affordable housing and tobalance development k>ensure locational choice, continued federal and state funding isneeded. Annual Action Plan 2021 OMB Control No: z50a-0or(expo9/s0/20z$ 319 AP -90 Program Specific Requirements — 91.220(1) (1,2,A) Community Development Block Grant Program(CDBG) Reference 24 CFR 91.220(U)(1) Projects planned with all CDBG funds expected to be axaUaWeduring the year are identified inthePr 'ects Table. The following identifies program income that is available for use that is included inprojectstobecarried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $O 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified inthe grantee's strategic plan. O 3.The amount ofsurplus funds from urban renewal settlements D 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included inaprior statement orplan O 5.The amount ofincome from float -funded activities O Total Program Income: $0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two orthree years may Leused todetermine that aminimum overall benefit of70% ofCDBGfunds isused tVbenefit persons oflow and moderate income. Specify the years covered that include this Annual Action Plan. One year. 100.009& Annual Action Plan 2021 OMB Control No: a50m-01z7(e,p,o$so/n02s) 320 PAGE INTENTIONALLY LEFT BLANK OMB Control No: 2506-0117 (exp. 09/30/2023) 321 OMB Number: 4040-0004 Expiration Date: 11/3012025 Application for Federal Assistance SF -424 F-] Changed/Corrected Application Revision & Date Received: 4. Applicant Identifier. 5a. Federal Entity Identifier: � 5b. Federal Award Identifier. ............... .......... . .......... ......... ... 111---,", . .................. . ........ . . .......... .... . .... .. ........ • Streetl: p100 E. OCEAN AVENUE Street2: .......... • City: ... ...... . ........ .. ..... County/Parish: . . ...... ........ • State: .. ..... . .............. . I ................ . ....... . ..... JFL: Florida ............ ............... . .. ............... . Province: ................. . . ..... 7 • Country: .... . ..... . .......... USA: UNITED STATES • Zip I Postal Code: . . . . ... . .................. . .. ....... ... . . .... X33435-0310 e. Organizational Unit: Department Name: Division Name: FINANCIAL SERVICES DEPARTMENT . ............ . — -1-1- . .......... I .... .. . ....... NITY IMPROVEMENT DIVISION --- ------ . .... . .... . f. Name and contact information of person to be contacted on matters involving this application: .......... . . Prefix: NM* -First Name: . ......... .. . . �... . . ............. . . . . ........ ..... . . . . . ........ R . . . . . . ..... ............................ . .. . . . . . . . Middle Name: E "" . . . . . . . . ....... . I ....... .... Last Name: Z . . ..... .... . ..... ...... .................... Suffix: .. . . . . . ... MANA-G-ER, ........ . . ........ Title: --- IM—POR"VFMEN—T-"DIVISION" . . .......... . . .......... . . .... Organizational Affiliation: = - =--........... . ................ .... . . ......... . ... . ... . ...........------ Telephone Number:FS 42-6 359 = Fax Number *Email: �R' A"-M—IREZR@BBFL-.US 322 323 Application for Federal Assistance SF -424 16. Congressional Districts Of: a, Applicant ? Attach an additional list of Program/Project Congressional Districts if needed. AtId Aft 17. Proposed Project: a. Start Date: 10/01/2023� . . .... .. ... 18. Estimated Funding ($): a. Federal 550,522.0 b. Applicant c. State • d. Local • a. Other • I. Program Income • g. TOTAL —5,-5,0,522.0 * b. Program/Project E= ....... ..... b. End Date: a 9/30/2024 1 * IS. Is Application Subject to Review By State Under Executive Order 12372 Process? Fla. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E,O, 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372, 20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes," provide explanation in attachment) [] Yes M No If "Yes", provide explanation and attach 21. *By signing this application, I certify (1) to the statements contained In the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances— and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) M — I AGREE ** The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: *Telephone Number: 7561-7'-42-6010 ...... Fax Number: . . . . . . ............. - - ---- . ........ . *Emai.1: 1D0GGERD@BBFL.JS Signature of Authorized Representative: Date Signed 324 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing Uniform Relocation Act and Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR, Part 24. It has in effect and is following a residential. anti -displacement and relocation assistance plan required tinder 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti -Lobbying --To the best, of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph I and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HtJD regulations. Consistency with plan --The housing activities to be undertaken with Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3 -- It will comply with section 3 of the Housing and t.Trban Development Act of 1968 (12 U.S.C. 1701 u) and implementing regulations at 24 CFR Part 75. ... ..... .. eoSignature of AuthoriiZTtYtll'cial 1 to City Manager fi—fle 325 Specific Community Development Block Grant Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program (i.e., the development of viable urban communities, by providing decent housing and expanding economic opportunities, primarily for persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570. Following a Plan -- It is following a current consolidated plan that has been approved by H1JD Use of Funds -- It has complied with the following criteria: 4-. Maximum Feasible PrioritV. With respect to activities expected to be assisted with CDBG funds, it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and moderate -income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available (see Optional CDBG Certification). -2-. Overall Benefit., The aggregate use of CDBG funds, including Section 108 guaranteed loans, during program year(s) FY 2023 _[a period specified by the grantee of one, two, or three specific consecutiveprogram yes], shall principally benefit persons of low i, ........ ........... years], and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. 3-. Sr!qciaI Assessments, It will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 1.08 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a, fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: I. A policy prohibiting the use ol.'excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 326 Compliance with Anti -discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 4964 (42 U.S.C. 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations, Lead -Based Paint -- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R. Compliance with Laws It will comply with applicable laws, Signature of Authoxie�V'j I Dai e Cite Ma Title 327 APPENDIX TO CERTIFICATIONS MSTRUC'HONS CONCERNING I-OBBYING CERTIFICATION: Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 328 OMB Number: w040o007 Expiration Date: O2/28/2V2o ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average i5minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 2050& PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOM Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants tocertify 10additional assurances, |fsuch iathe case, you will benotified. Aathe duly authorized representative ofthe applicant,|certify that the applicant: 1- Has the legal authority toapply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient (opay the non -Federal share cfproject cost) tuensure proper planning, management and completion ofthe project described inthis 2. Will give the awarding agency, the Comptroller General ofthe United States and, ifappropriate, the State through any authorized representative, access ioand the right 0oexamine all records, books, papers, or documents related tothe a=ond�and will establish a proper accounting system inaccordance with generally accepted accounting standards vragency directives. 3, Will establish safeguards toprohibit employees from using their positions for apurpose that constitutes or presents the appearance ofpersonal ororganizational conflict ofinterest, urpersonal gain, 4. Will initiate and complete the work within the applicable time frame after receipt ofapproval ofthe awarding g, Will comply with the Intergovernmental PomonnnActof 187D(42U.S.C.§§472847G3)relating toprescribed standards for merit systems for programs funded under one mfthe 19statutes orregulations specified in Appendix Aof[`PM'eStandards for aMerit System of Personnel Administration (5C.F,R�QOO.Subpart F). 6. N0|comply with all Federal statutes relating to nondiscrimination, These include but are not limited to: (e)Title Ncf the Civil Rights Act of1864(P.L88-352) which prohibits discrimination mnthe basis ofrace, color ornational origin; (b)Title |Xofthe Education Amendments of1D72.aeamended (ZOU.S,C.§§1681- 1G83. and 1G85-1O80).which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Act of1Q73.osamended (2gU.G.C�§794),which prohibits discrimination onthe basis ofhandicaps; (d) the Age Discrimination Act cf1975.aaamended (42V S.C�§§61O1-01O7).which prohibits discrimination on the basis ofage; (a) the Drug Abuse Office and Treatment Act of1972(P�L92-25S).aoamended, relating honondiscrimination onthe basis ofdrug abuse; (0the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of1Q7O(P.L81-61G)'aaamended, relating to nondiscrimination onthe basis nfalcohol abuse or alcoholism; (g)§§528and 527ofthe Public Health Service Act mf1912(42U.S.C. §§2A0dd-3and 2QO ae-D).msamended, relating Voconfidentiality #falcohol and drug abuse patient records; (h)Title VU| ofthe Civil Rights Act of19OB(42U3.C. §§3001etseq.).ao amended, relating tonondiscrimination inthe sale, rental o/financing ofhousing; (i)any other nondiscrimination provisions inthe specific yiotute(a) under which application for Federal assistance imbeing made; and, 0)the requirements ofany other nondiscrimination atatu\e(e) which may apply tothe application. Will comply, mhas already complied, with the requirements ofTitles Uand III ofthe Uniform Relocation Assistance and Real Property Acquisition Policies Act of1g7D(P.L 91'848)which provide for fair and equitable treatment ofpersons displaced nr whose property iaacquired mearesult o[Federal or federally -assisted programs. These requirements apply |oall interests in real property acquired for project purposes regardless ofFederal participation |n purchases. B. Will comply, aeapplicable, with provisions pfthe Hatch Act (5 U.S.C. §§1501-1508and 7324-7328) which limit the political activities ofemployees whose principal employment activities are funded |nwhole or in part with Federal funds, 4mhonzeufor Local ReproductionProscribed by OMS Circular A-1 02 Standard Form ��(R�7-97) 329 9, Will comply, osapplicable, with the provisions ofthe Davis - Bacon Act (40U.8.C. §§276eto278a-7).the Copeland Act (40 U.S.C. §276cand 18U.SC. §874).and the Contract Work Hours and Safety Standards Act (4OU.B.C�§§327- 333).regarding labor standards for federal |y-omoiabad oonstructionaubegreemente. 10i Will comply, if applicable, with flood insurance purchase requirements of Section 102(a)ofthe Flood Disaster Protection Act of1973(P.LQ3-234) which requires recipients inaspecial flood hazard area toparticipate inthe program and |opurchase flood insurance ifthe total cost of insurable construction and acquisition |s$1O.000nrmore. 11� Will comply with environmental standards which may be prescribed pursuant 0othe following: (o)institution of environmental quality control measures under the National Environmental Policy Act of1&G9(P.LS1'19O)and Executive Order (ED)11514;(b)notification ofviolating facilities pursuant bED11738;(u)protection ofwetlands pursuant boEO119B0;(d)evaluation offlood hazards in Moodp|ainminaccordance with EO11Q88;(e)assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of1072(1GU�S.C.0§1451etseqj;(f) conformity of Federal actions toState (Clean Air) Implementation Plans under Section 176(c)ofthe Clean Air Act of1SS5.ao amended (42 U.S.C. §§7401 atseq.); (g) protection of underground sources ofdrinking water under the Safe Drinking Water Act of1Q74.esamended (Pl.Q3-523); and, (h)protection ofendangered species under the Endangered Species Act of1Q73.meamended (PLA3- 12� Will comply with the Wild and Scenic Rivers Act of 19O8(1OU.S.C�§§1271etasqjrelated toprotecting components orpotential components ufthe national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 105ofthe National Historic Preservation Act of1Q86.emamended (1OU.S.C�§47O).E[)11583 (identification and protection ofhistoric pmpertiem).and the Archaeological and Historic Preservation Act of 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved inresearch, development, and related activities supported bythis award ofassistance. 15, Will comply with the Laboratory Animal Welfare Act o/ 1066(P,L, 8Q-544.e*amended, 7 U.S.C. §§2131 at seq.)pertaining Uothe care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported bythis award ofassistance. 18, Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 etmeqjwhich prohibits the use pflead-based paint inconstruction or rehabilitation ofresidence structures. 17 Will cause tobeperformed the required financial and compliance audits inaccordance with the Single Audit Act Amendments of19A0and OMB Circular No. f+133. "Audits ofStates, Local Governments, and Non -Profit Organizations." 18, Will comply with all applicable requirements mfall other Federal laws, executive orders, regulations, and policies governing this program. 19, Will comply with the requirements ofSection 106(g) of the Trafficking Victims Protection Act (TVPA)of2OOU.om amended (22U.&C,7104)which prohibits grant award recipients orosub-recipient from (1)Engaging insevere forms oftrafficking inpersons during the period of time that the award imineffect (2)Procuring ecommercial sex act during the period uftime that the award imin effect or(3)Using forced labor |nthe performance o{the award oruubowardeunder the award. Standard Form 424B (Rev. 7-97) Back 330 6.E Consent Agenda 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Proposed Resolution No. R23-125- Subrecipient Agreements six-month extension, with Boynton Beach Faith Based Community Development Corporation Inc., for the Community Development Block Grant- Limited Rehabilitation Program and Senior Rental Housing Program Requested Action: Approve and Authorize the City Manager to sign the First Amendments to the Subrecipient Agreements, granting a six-month extension, with Boynton Beach Faith Based Community Development Corporation Inc., for the Community Development Block Grant — Limited Rehabilitation Program and Senior Rental Housing Program as adopted by resolution R22- 099. Explanation of Request: As adopted by resolution R22-099, the City of Boynton Beach entered into CDBG Subrecipient Agreements with Boynton Beach Faith -Based Community Development Corporation, Inc. (Boynton Beach Faith -Based CDC). Boynton Beach Faith Based CDC was approved by Resolution R22-099, to receive on a reimbursement basis $504,000 allocated toward the acquisition and purchase of four (4) one -bedroom units; to assist with providing affordable rental housing in the City to Low-income Elderly households, and $400,000 allocated toward the Owner -Occupied Limited Housing Rehabilitation Program to assist low-income households with needed repairs. Owner -Occupied Limited Rehabilitation Program Status update Issues: Materials/Supply-Line Issues: Twelve (12) projects have been awarded and are in various stages of progress. Material/supply-line shortages for construction materials are primarily responsible for the project completion delays of the awarded projects. Windows and roof materials have been in short supply since the COVID-19 pandemic. Window delivery timeframe is eight weeks and up to twelve weeks, depending on size. The timeframe for roof materials is fourteen to sixteen weeks. 331 Acquisition of Real Property for Senior Rental Housing Program Status Update: Issues: Senior Communities HOA Restrictions: Senior communities in Boynton Beach, such as Leisureville, High Point, Pine Point, Sterling Village, Four Suns, etc., prohibit sales/purchases to corporations. There are several units for sale in various senior communities in Boynton Beach, but sales are restricted to individuals and not organizations. Sellers accepted four (4) purchase offers in a senior community that allowed corporations to purchase. The purchase contracts were fully executed. However, the Home Owners Association (HOA) approved only two purchases and rejected the others. The reason is that they don't allow corporations to buy more than two units in that particular community. Some senior communities allow corporations to buy; however, they restrict leasing for the first two years after purchase. Boynton Beach Faith Based CDC is formally requesting that the contracts be extended for an additional six (6) months, or until March 31, 2024 for both the Owner -Occupied Limited Rehabilitation and the Senior Rental Housing Programs (formal request letter attached to Agenda Item). Staff is recommending City Commission to grant the aforementioned request. The additional months will grant the subrecipient time to honor the terms of the agreement and expend the remaining funds. How will this affect city programs or services? Low -Income Individuals living in Boynton Beach will continue to benefit from the Owner -Occupied Limited Rehabilitation Program and Senior Rental Housing Program. Fiscal Impact: The City will continue to reimburse Boynton Beach Faith -Based CDC the CDBG funds allocated for the Limited Rehabilitation Program and the Senior Rental Housing Program. Attachments: R23-125 Resolution approving First Amendment to CDBG Subrecipient Agreements with BBFBCDC-_Reso.pdf First Amendment To Agreement with BB Faith Based Community Development Corp. - CDBG ($504K).docx First Amendment To Agreement with BB Faith Based Community Development Corp. - CDBG ($400k).docx Faith -Based CDC Letter - Subrecipient Agreements - Six -Month Extension Request.pdf Faith -Based CDC - Acquisition of Real Property - CDBG Subrecipient Agreement - Executed.pdf Faith -Based CDC - Limited Rehabilitation Program - CDBG Subrecipient Agreement - Executed.pdf 332 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 RESOLUTION R23-125 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE FIRST AMENDMENTS TO THE SUBRECIPIENT AGREEMENTS, GRANTING A SIX-MONTH EXTENSION, WITH BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION INC., FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT — LIMITED REHABILITATION PROGRAM AND SENIOR RENTAL HOUSING PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Boynton Beach Faith Based CDC was approved by Resolution R22 -099, to receive on a reimbursement basis $504,000.00 allocated toward the acquisition and purchase of four (4) one- bedroom units; to assist with providing affordable rental housing in the City to Low-income Elderly households, and $400,000.00 allocated toward the Owner -Occupied Limited Housing Rehabilitation Program to assist low-income households with needed repairs; and WHEREAS, the current Agreements expire September 3, 2023; and WHEREAS, Boynton Beach Faith Based CDC is formally requesting that the Agreements be extended for an additional six (6) months, or until March 31, 2024 for both the Owner -Occupied Limited Rehabilitation and the Senior Rental Housing Programs; and WHEREAS, Staff recommends to grant the aforementioned request which will allow the Subrecipient time to honor the terms of the agreement and expend the remaining funds; 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 First Amendments to the Subrecipient Agreements, granting a six-month extension, with Boynton Beach Faith Based Community Development Corporation Inc., for the Community Development Block Grant — Limited Rehabilitation Program and Senior Rental Housing Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF S:\CA\RESO\Agreements\Approve First Amendment To CDBG Subrecipient Agreements With BBFBCDC - Reso.Docx 333 BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption 35 hereof. 36 Section 2. The City Commission hereby approves and authorizes the City 37 Manager to sign the First Amendments to the Subrecipient Agreements, granting a six - 38 month extension, with Boynton Beach Faith Based Community Development Corporation 39 Inc., for the Community Development Block Grant — Limited Rehabilitation Program and 40 Senior Rental Housing Program. Copies of the First Amendments are attached hereto and 41 incorporated herein by reference as Composite Exhibit "A". 42 Section 3. This Resolution shall become effective immediately upon passage. 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 0 69 PASSED AND ADOPTED this 14th day of September, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jes6s, 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: S:\CA\RESO\Agreements\Approve First Amendment To CDBG Subrecipient Agreements With BBFBCDC - Reso.Docx 334 David N. Tolces Interim City Attorney S:\CA\RESO\Agreements\Approve First Amendment To CDBG Subrecipient Agreements With BBFBCDC - Reso.Docx 335 FIRST AMENDMENT TO BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. AGREEMENT THIS FIRST AMENDMENT, dated the day of , 2023, between: CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435, hereinafter referred to as "CITY"; and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP., a company authorized to do business in the State of Florida with its principal place of business at 2191 N. Seacrest Blvd., Boynton Beach, FL 33435, hereinafter referred to as "NON-PROFIT DEVELOPER." WITNESSETH: WHEREAS, on December 6, 2022, the City Commission of the City for Boynton Beach approved an agreement between the CITY and NON-PROFIT DEVELOPER for a Community Development Block Grant Subaward Agreement for the acquisition of real property for an elderly rental housing program for five hundred four thousand dollars ($504,000) to expire on September 30, 2023, Resolution 22-172 ("Agreement"); and WHEREAS, the CITY and NON-PROFIT DEVELOPER desire to amend the Agreement to extend the term of the Agreement an additional six (6) months to expire on March 31, 2024. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Agreement shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. SECTION 2. Article 4, Term of Agreement and Subaward Period of Performance, Section A, is amended to extend the termination date to March 31, 2024 as follows: Page 1 of 3 336 A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the "Effective Date") and shall terminate on: noi�-23 03/31/2024, unless extended or renewed in accordance with the terms of this Agreement. SECTION 3. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this First Amendment shall prevail. In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. IN WITNESS WHEREOF, the Parties have executed the First Amendment by their duly authorized representatives. DATED this day of , 2023. Page 2 of 3 337 CITY OF BOYNTON BEACH Daniel Dugger, City Manager Approved as to Form: David N. Tolces, Interim City Attorney Attested/Authenticated: Maylee DeJesus, MMC City Clerk BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Page 3 of 3 338 FIRST AMENDMENT TO BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. AGREEMENT THIS FIRST AMENDMENT, dated the day of , 2023, between: CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435, hereinafter referred to as "CITY"; and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP., a company authorized to do business in the State of Florida with its principal place of business at 2191 N. Seacrest Blvd., Boynton Beach, FL 33435, hereinafter referred to as "NON-PROFIT DEVELOPER." WITNESSETH: WHEREAS, on December 6, 2022, the City Commission of the City for Boynton Beach approved an agreement between the CITY and NON-PROFIT DEVELOPER for a Community Development Block Grant Subaward Agreement for owner -occupied limited rehabilitation for qualifying households for four hundred thousand dollars ($400,000) to expire on September 30, 2023, Resolution 22-172 ("Agreement"); and WHEREAS, the CITY and NON-PROFIT DEVELOPER desire to amend the Agreement to extend the term of the Agreement an additional six (6) months to expire on March 31, 2024. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree that the Agreement shall be amended as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. SECTION 2. Article 4, Term of Agreement and Subaward Period of Performance, Section A, is amended to extend the termination date to March 31, 2024 as follows: Page 1 of 3 339 A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the "Effective Date") and shall terminate on: noi�-23 03/31/2024, unless extended or renewed in accordance with the terms of this Agreement. SECTION 3. The Parties agree that the modifications herein shall supersede any language in the Agreement and exhibits thereto, and in the event of a conflict with such language, the modifications in this First Amendment shall prevail. In all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. IN WITNESS WHEREOF, the Parties have executed the First Amendment by their duly authorized representatives. DATED this day of , 2023. Page 2 of 3 340 CITY OF BOYNTON BEACH Daniel Dugger, City Manager Approved as to Form: David N. Tolces, Interim City Attorney Attested/Authenticated: Maylee DeJesus, MMC City Clerk BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Page 3 of 3 341 N. Seacrest Boulevard Post Office Box 337 Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561-244-5046 hftRs://www.boynton beach cd c. org/ August 28, 2023 RJ Ramirez Manager, Community Improvement Division 100 E. Ocean Ave. Boynton Beach, FL 33435 Via Email: ramirezr(o)bbfl.us RE: Request to extend timeframe for Agreement R22 —172 (Limited Owner -Occupied Rehabilitation) and (Senior Rental Housing) Dear Mr. Ramirez: The contracts/agreements for the Limited Owner -Occupied Rehabilitation and Senior Rental Housing programs are due to end on September 30, 2023. Both agreements were executed on December 16, 2023, and are scheduled to end on September 30, 2023. To date (eight months later), we have accomplished the following: Limited Owner -Occupied Rehabilitation: Twenty-four (24) applications requesting home repair assistance have been processed. Twelve (12) contracts have been awarded to contractors for a total of $255,570, ten (10) awards are pending, and two (2) applicants were determined ineligible. Senior Rental Housing: 263,594.00 has been expended/encumbered for the senior rental housing program. There are several justifications as to why all the funds for the Limited Owner -Occupied Rehabilitation and the Senior Rental Housing programs have not been expensed/encumbered: Late Start Date: Our Agreement indicates the "Contract Term" to begin October 1, 2022. However, the agreement was not "passed and adopted" by the City Commission until December 6, 2022, and fully executed until December 16, 2022, with a "termination date" of September 30, 2023. Because the contract began in the middle of the Holiday season, we did not start marketing the programs until mid- January (after the Holidays), allowing only eight months to expend the funds — an impossible task. Limited Owner -Occupied Rehabilitation: The process from application to awarding the project to a contractor is lengthy - it takes three to four months. The application intake process is open and ongoing. We have not closed the application process and are not turning anyone away. Applications are received weekly/daily and are processed as received on a first-come, first -qualified basis. Once eligibility is determined and the income certification is completed (phase 1 of the application process), which can take up to thirty days, the home environmental review and home inspection are requested, and the scope of work/bid specification is created (2nd phase of the process). That process takes up to 2 months. The bid invitation/solicitation is advertised for at least ten (10) days, and the project is awarded. 342 Ten awards are pending. All ten pending applicants have been determined eligible for program participation. All home environmental reviews and inspections have been requested — phase 2 of the process is in progress for the pending applicants. We await the results of the environmental assessments and home inspections to create/determine the scope of work and advertise the bid invitations. Materials/Supply-Line Issues: As previously indicated, ten (10) projects have been awarded and are in various stages of progress. All are delayed and, therefore incomplete. Permit issuance delays and material/supply-line shortages for construction materials are primarily responsible for the project completion delays of the awarded projects. Windows and roof materials have been in short supply since the COVID-19 pandemic. Window delivery timeframe is eight weeks and up to twelve weeks, depending on size. The timeframe for roof materials is fourteen to sixteen weeks. These supply line delays are outside of the CDC's control and the contractor's control. Senior Rental Housing: Senior communities in Boynton Beach, such as Leisureville, High Point, Pine Point, Sterling Village, Four Suns, etc., prohibit sales/purchases by corporations. There are several units for sale in various senior communities in Boynton Beach, but sales are restricted to individuals and not organizations. We presented and the sellers accepted four (4) purchase offers in a senior community that allowed corporations to purchase. The purchase contracts were fully executed. However, the Home Owners Association (HOA) approved only two purchases and rejected the others. The reason is that they don't allow corporations to buy more than two units in that particular community. Some senior communities allow corporations to buy; however, they restrict leasing for the first two years after purchase. Therefore, we are formally requesting that the contracts be extended for an additional six (6) months, or until March 31, 2024 for both the limited owner -occupied rehabilitation and the senior rental housing programs. We feel that if the contract can be extended, the extension will restore the time lost in the original contract period (October 1, 2022 to December 16, 2022). The additional months will compensate for the unexpected construction material/supply line delays, grant us time to seek and purchase units in non -senior communities, and give us a chance to honor the terms of the agreement and expend the remaining funds. I thank you for your consideration and look forward to a favorable response. Sincerely, Executive Director 343 I RESOLUTION R22-172 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT 6 AGREEMENTS, WITH BOYNTON BEACH FAITH -BASED 7 COMMUNITY DEVELOPMENT CORPORATION, INC., To 8 PROVIDE HOUSING RELATED ACTIVITIES; AND PROVIDING AN 9 EFFECTIVE DATE, 10 1.1 WHEREAS, on August 1.6, 2022, the City ,Commission approved by a substantial 12 amendment to the Community Development Block Grant Program (CDBG), to reallocate CDBG 13 leftover funds from FY 2016, 2017, 2018, 2019, and 2020 to fund public improvement activities; 14 and 15 WHEREAS, Staff recommended several activities and based on those 16 recommendations, the City Commission approved to fund and move forward with the 17 following public improvement activities: Hester Center Improvements, Housing Rehabilitation 18 and Acquisition of Property for Affordable Housing Purposes for Qualifying Households; and 19 WHEREAS, the CDBG's Program purpose is to assist the City of Boynton Beach in 20 meeting the needs of its lower income residents and the activities that are being funded will 21 offer housing related assistance to qualifying households living within the City of Boynton 22 Beach; and 23 WHEREAS, City Staff is recommending that the City Commission approve and 24 authorize the City Manager to sign Community Development Block Grant Subrecipient 25 Agreements, with Boynton Beach Faith -Based Community Development Corporation, Inc., to 26 provide housing related activities. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: 29 Sectio 1 The foregoing "Whereas" clauses are hereby ratified and confirmed as 3o being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Sggtion 2. The City Commission of the City of Boynton Beach, Florida does hereby 33 approve and authorize the City Manager to sign Community Development Block Grant S:\CA\RESO\Agrecme;its\(irant%\CI)BG - SubRecipient Agreements (reallocation of leftover funds) - Reso.doex I 344 34 Subrecipient Agreements, with Boynton Beach Faith -Based Community Development 35 ccmpt:slatior, Inc, to provide hcwsing re]ateda�.'t1Ofips. Colaies of t,he- Agreerrients ala,'1 1, tv hel1?1,0 alld VRCG�JX)rale,d 1'wei6n as ExhiitMs "A"' and "B" resperfively, "7 Sggf!pjn_3, This Resolution will become effective immediately upon passage. 3 9 PASSED AND ADOPTED this 6th day of December, 2022. jq 410 4t .12 4 47 49 49 ;0 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Angela Cruz L . .... . . . . ..... . Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley VOTE 5- Ty Pen! Mayor APPRQVED AS TP, FO;RN't` ... ..... . . . .. ....... . Michael D. Cirullo, Jr. City Attorney S,\CA\RFSO\Agreenictits\(,'Praiit5\CDBG - SubRecipient Agreements (reallocation of leftover funds) - Reso,docx 9 345 M Community Development Block Grant (CDBG) Subaward Grant Agreement between City of Boynton Beach, Florida and Boynton Beach Faith Based Community Development Corporation, Inc. for a CDBG subaward of an amount not to exceed $504, 000.00 from a federal award issued by U.S. Department of Housing and Urban Development for the specific purpose of Acquisition of Prop" for Affordable Housing Purposes for Qualifying Households. SUBAWARD COVERSHEET TABLE OF TERMS AND PROVISIONS Article 1: Standard CDBG Form Subaward Agreement., .................................................................... .......................... I Article2: The Parties ......... ..................................... ................................................. 1 Article 3: Notice of Federal Subaward .......................................................... ........... 1., 1 Article 4: Term of Agreement and Subaward Period of Performance ............................................................ 3 Article5: Notice ..................................................................................... 3 Article 6: NON-PROFIT DEVELOPER's Obligations and Responsibilities .......... ........................................................ 3 Article 7: Procurement and Subcontracting Standards ........... ............................................. ....................................... 5 Article8: Property Standards .... ........ __ ............................... ..................................................................... 7 Article9: Budget ...... .......... _._ ............ .................................. ..................................................................................... 7 Article 10: Reimbursement Requests ... ......................................................................... ............... ............................... 9 Article11: Payment Terms ...................................................................... .................................................................... 10 Article 12: Return of Funds ...... ................................................ ....... _ 11 Article 13: Progress Reporting and Subaward Closeout ........... ............................. ...... ............................................ 12 Article 14: Maintenance, Retention, and Access to Records ..... ............................................................................ .... 14 Article 15: Monitoring Requirements ..... ................ ......... ................................... ................................................ _ 16 Article 16: Audit Requirements .............. ................. ......................................... .................................. ........ .......... 16 Article17: Insurance ............................. ............... ............................................................... ; .............. ........................ 17 Article 18: Indemnification, Sovereign Immunity, and Liability ............. .............................. ........................................ 20 Article 19: Independent Contractor, Non -Agent NON-PROFIT DEVELOPER, and Third Parties .............................. 20 Article20: Confidentiality ....... _ ......................................................................................................... .......................... 21 Article 21: Remedies for Noncompliance ................................. ................................................................................... 23 Article22: Termination ..... I ...... .................................................. ... .......................... I ............... ........................... �23 Article 23: General Provisions ............................................................. ........................................ ........................... _ 26 Article24: Attachments .......... ............ .................................. ................................................................................ _28 Article 25: Entire Agreement ................................ .............. ..................................................................................... _ 29 Community Development Block Subaward Grant Agreement — Coversheet' City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page I of i 346 Article 1: Standard CDBG Subaward Form Agreement A. This CDBG Subaward Agreement ("Agreement") is a "Standard CDBG Subaward Form Agreement." Any changes to this standard form shall be noted separately through an amendment to the Agreement which must be separately executed by the parties to this Agreement in order to be binding upon the parties. Article 2: The Parties X This Agreement is entered, into by and between the two parties indicated in the following table: TABLE I — THE PARTIES Party #1 Name: City of Boynton Beach (the "City") If Entity Type: A Florida Municipal Corporation Principal Address: 100 E. Ocean Avenue Boynton Beach, Florida 33435 Agreement Liaison Name: Dan Dugger, City Manager Email Address: duggerd@bbfl.us Party #2: Name: Boynton Beach Faith Based Community Development Corporation, Inc. a Community Based Development Organization (the "NON-PROFIT DEVELOPER") Entity Type: 501(c)(3) Not -for -Profit Principal Address: 2191 N Seacrest Blvd. Boynton Beach, FL 33435 Agreement Liaison Name: Keturah Joseph, Executive Director H Address. IjbbIbcdc@ya oo.com . .............. . . ......... _!ma' B. The City and the NON-PROFIT DEVELOPER may unilaterally re -designate their respective agreement liaisons by providing written notice of such change to the other party in accordance with Article 5 ("Notice") of this Agreement. C. Both the City and the NON-PROFIT DEVELOPER may be individually referred to as "party" or collectively referred to as "parties" in this Agreement. Article 3: Federal Subaward Information A. Subaward Information. The table below provides basic information regarding the underlying subaward pursuant to which this Agreement is being entered. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 1 of 31 347 I TABLE 2 — SUBAWARD INFORMATION Subaward Project Acquisition of Real Property for an Elderly Rental Housing Program Description: through a Community Based Development Organization (the "NON- PROFIT DEVELOPER"). Awarding Agency U.S. Department of Housing and Urban Development (the "Federal_ Description: I Awarding Agency") — Community Development Block Grant (the "Federal Award") — City of Boynton Beach (the "Grantee,,), Subaward ID No.: Resolution R22 — 099 Resolution Date: 08116/2022 B. Federal Subaward Amount. The amount of the underlying subaward is: $504,000.0(). C. NON-PROFIT DEVELOPER Compliance with Federal Subaward. At all times during which the NON-PROFIT DEVELOPER is performing under this Agreement, the NON-PROFIT DEVELOPER shall comply with the award terms and conditions of the underlying Federal subaward, as well as with any guidance provided by the Federal Awarding Agency, D. Compliance with the Federal Uniform Guidance. The NON-PROFIT DEVELOPER shall comply with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the "Uniform Guidance") when meeting its obligations under this Agreement. E. References for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance — or any other applicable federal, state, or local law — that are referenced in this Agreement are referenced for emphasis only. The exclusion of a specific applicable provision of law from this Agreement does not alleviate the NON-PROFIT DEVELOPER from its obligation to comply with any such applicable provisions. F. By executing this Agreement, the NON-PROFIT DEVELOPER hereby certifies that it has reviewed 2 CFR Part 200 and any relevant Federal Awarding Agency guidance and that it understands its obligations pursuant to such federal regulations and guidance. G. Federal Subaward Amount The amount of the Federal Subaward issued pursuant to this Agreement is an amount not to exceed $504,000.00 (the "Subaward"). This Agreement's use of "an amount not to exceed" shall in no way entitle the NON-PROFIT DEVELOPER to reimbursement or payment of the maximum amount provided unless such reimbursement or payments have been earned by the NOW PROFIT DEVELOPER in accordance with the terms and provisions of this Agreement, H. Required Information. Any additional information required pursuant to 2 CFR § 200,332 ("Requirements for Pass -Through Entities") may be found in the Required Information for Federal Subawards Schedule attached to this Agreement as "Exhibit A." Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 2 of 31 348 Article 4: Term of Agreement and Subaward Period of Performance A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the "Effective Date") and shall terminate on: 09/30/2023, unless extended or renewed in accordance with the terms of this Agreement. B. Subaward Period of Performance. 1. The "Subaward Period of Performance" is the time during which the NON-PROFIT DEVELOPER may incur obligations to carry out the work or services authorized under this Agreement. The NON-PROFIT DEVELOPER may not invoice for any work completed, or services rendered, outside of the Subaward Period of Performance. This provision is required pursuant to 2 CFR § 200.332(a)(1)(v). 2. The Subaward Period of Performance of this Agreement is: UPON EXECUTION to 9/30/2023. Article 5: Notice Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be deemed effective as of date of receipt, 1 -TABLE 3 — NOTICE To the City, City of Boynton Beach Attn: Dan Dugger, City Manager City Manager's Office, 4th. Floor 100 E. Ocean Avenue Boynton Beach, Florida 33435 To the NON-PROFIT Boynton Beach Faith Based Community Development Corporation, Inc. DEVELOPER: Attn: Keturah Joseph, Executive Director 2191 N. Seacrest Blvd. Boynton Beach, Florida 33435 Article 6: NON-PROFIT DEVELOPER's Obligations and Responsibilities A. Scope of Services; The NON-PROFIT DEVELOPER shall be responsible for meeting the objectives of this Subaward, as detailed in the Scope of Services attached to this Agreement as "Exhibit B", in a manner that is deemed satisfactory by the City and consistent with the standards set forth in this Agreement, the Federal Award, and any directives or guidance issued by the Federal Awarding Agency. 2. The NON-PROFIT DEVELOPER shall not obligate, encumber, spend, or otherwise utilize funds provided pursuant to this Agreement for any activity or purpose not included in, or in conformance with, the Scope of Services. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation', Inc. Page 3 of 31 349 B. NON-PROFIT DEVELOPER's Agreement Liaison. The NON-PROFIT DEVELOPER's agreement liaison identified in TABLE 1 — THE PARTIES, or as re -designated pursuant to Article 2, Paragraph B above, shall be available to communicate and meet with the City's agreement liaison and relevant City staff in order to review the NON-PROFIT DEVELOPER's performance pursuant to this Agreement. The City reserves the right to, at no additional cost to the City, require that the NOW PROFIT DEVELOPER change its agreement liaison if the City's agreement liaison believes doing so best serves the performance or objectives of the Subaward, or this Agreement. C. Licenses and Approvals. The NON-PROFIT DEVELOPER hereby represents and warrants that it has and will continue to maintain all licenses, insurances and approvals required to meet its obligations under the Scope of Services, and that it will at all times conduct its activities in a reputable manner. Proof of such licenses, insurances and approvals shall be submitted to the City within three (3) business days upon request. Failure by the City to request such proof of licensure, insurance and approvals shall in no manner be construed as alleviating the NON-PROFIT DEVELOPER's obligations pursuant to Paragraph C of this Article, nor shall it be construed as shifting or imposing any liability onto the City, k" M Z a :I :Iola I a 01:04 K01:24 F11 Skillful Provision of Services. All services or work provided pursuant to this Agreement shall be performed by the employees, volunteers, associates, or agents of the NON-PROFIT DEVELOPER (or of any subcontractor of the NON-PROFIT DEVELOPER) in a professional and skillful manner. 2. Employee Licensure. Any employee, volunteer, associate, or agent of the NON-PROFIT DEVELOPER (or of any subcontractor of the NON-PROFIT DEVELOPER) whose performance under this Agreement requires licensure shall have such valid and active licensure for the full duration of their performance under this Agreement. 3. Removal of Employees. The City may require the NON-PROFIT DEVELOPER to remove any employee, volunteer, associate, or agent of the NON-PROFIT DEVELOPER (or of any subcontractor of the NON-PROFIT DEVELOPER) that the City's agreement liaison — using their sole discretion — deems to be incompetent, careless, or otherwise objectionable from performing work or services related to this Agreement. The City shall not be responsible for any costs related to such removal. 4. E -Verify Use and Registration Certification. Pursuant to Section 448,095, Florida Statutes, the NON-PROFIT DEVELOPER must certify that it is registered with, and uses, the E -Verify system to verify the work authorization status of all newly hired employees. The NON-PROFIT DEVELOPER must further certify that it does not employ, contract with, or subcontract with an unauthorized alien, and shall provide an affidavit affirming this prior to the effective date of the contract. These certifications shall be provided by use of the E -Verify Use and Registration Certification found attached to this Agreement as "Form 2". Violation of s. 448-095, Florida Statutes, may result in the Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement. E. Non -Discrimination. 1. The NON-PROFIT DEVELOPER shall, at no time during the provision of services funded through this Agreement, discriminate based on race, color, religion, national origin, sex, or sexual orientation. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 4 of 31 350 2. The NON-PROFIT DEVELOPER shall comply with any and all federal, state, and local anti- discrimination laws, rules, and regulations. For further information about the federal anti- discrimination requirements for this Agreement, see Attachment 2, ("Federal Award and Contract Terms"). F Inherently Religious Activities. When expending the Subaward, the NON-PROFIT DEVELOPER must adhere to the following conditions: The NON-PROFIT DEVELOPER must not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of its provision of the services funded in whole or in part by the Subaward; 2. Such inherently religious activities must be offered separately, in time or location, from the Subaward-funded services; and 3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries of the Subaward-funded services; therefore, the NON-PROFIT DEVELOPER shall not implicitly or explicitly condition receipt of any services funded in whole or part by the Subaward on participation in any inherently religious activities, G. Public Entity Crimes and Scrutinized Companies. By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this Agreement as "Form 3," the NON-PROFIT DEVELOPER must certify that: a. The NON-PROFIT DEVELOPER does not meet the definition of "Scrutinized Company" pursuant to Section 215.473, Florida Statutes; and b. The NON-PROFIT DEVELOPER — or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the NON-PROFIT DEVELOPER or an affiliate of the NON-PROFIT DEVELOPER — has not been convicted of a public entity crime pursuant to Section 287.133(3), Florida Statutes. 2. The City reserves the right of Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement should the NON-PROFIT DEVELOPER: a. Be found to have falsified its certification in "Form 3"; or Become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to either Section 287.133, Florida Statutes ("Public Entity Crime; Denial or Revocation of the Right to Transact Business with Public Entities") or Section 287.135, Florida Statutes ("Prohibition Against Contracting With Scrutinized Companies") subsequent to entering into this Agreement with the City. Article 7: Procurement and Subcontracting Standards A. Procurement. The NON-PROFIT DEVELOPER must comply with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and must use such procedures when expending the Subaward where NON-PROFIT DEVELOPER is conducting its own procurement to satisfy the objectives of this Subaward, as detailed in the Scope of Services, attached as 'Exhibit B". Does the NON-PROFIT Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 5 of 31 351 DEVELOPER maintain written purchasing procedures in compliance with the aforementioned federal Procurement Standards? "Yes" or "No": If "Yes," then: By executing this Agreement, the NON-PROFIT DEVELOPER hereby certifies that it maintains written purchasing procedures in compliance with 2 CFR §§ 200.318-200,327 ("Procurement Standards") and will use such procedures when expending the Subaward. If "No," then: By executing this Agreement, the NON-PROFIT DEVELOPER hereby certifies that it does not maintain written purchasing procedures that are in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards"). As such, the NON-PROFIT DEVELOPER hereby agrees to develop and use written purchasing. procedures in compliance with the Procurement Standards for expending the Subaward OR agrees to use the City's Purchasing Policy Manual. The City's Purchasing Policy Manual can be obtained by contacting the City's Purchasing Manager at 5,61-742-6322 or PintoK@bbfl.us B. Simplified Acquisition Threshold. The "Simplified Acquisition Threshold" means the dollar amount below which a non -Federal entity may purchase property or services using small purchase methods. For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00. The Simplified Acquisition Threshold provided for in this Agreement is the one that the NON-PROFIT DEVELOPER —,and any of its sub -NON-PROFIT DEVELOPERs — must use when making its expenditures of the Subaward, If NON-PROFIT DEVELOPER is utilizing the City's purchasing procedures, NON-PROFIT DEVELOPER must use the City's more restrictive (lower) simplified acquisition threshold. NINMLZM�� Federally Required Contract Provisions and Award Terms and Conditions. The NOW PROFIT DEVELOPER shall insert the relevant contract provisions and certification documents identified in Appendix 11 of 2 CFR Part 200 ("Contract Provisions for Non -Federal Entity Contracts Under Federal Awards") applicable award terms into all contracts into which it enters while expending the Subaward. The City has provided a copy of such Federal Award and Contract Terms, which are attached as "Attachment 2." 2. Small and Minority Business Enterprises ("MBE"), Women Business Enterprises ("WBE"), and Labor Surplus Area Firms. The NON-PROFIT DEVELOPER must execute the Small and Minority Business Enterprise ("MBE'), Women Business Enterprise ("WBE,), and Labor Surplus Area Firm Certification attached as "Form 4" stating that the NON-PROFIT DEVELOPER shall take the "Five Affirmative Steps" regarding Small and Minority Business Enterprise, Women Business Enterprises, and Labor Surplus Area Firms in the solicitation and selection of subcontractor(s) or procurements as required by the Federal Government in 2 CFR § 200.321. 3, Engaging in subcontracting, pursuant to this Agreement without complying with the requirements of this article is strictly prohibited. D. Sub-Subawards. Approval by the City. The NON-PROFIT DEVELOPER shall not issue sub-subawards to any non -Federal entity without first receiving approval from the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 6 of 31 352 2. Pass -Through Requirements. a. The NON-PROFIT DEVELOPER must pass through all obligations of the Federal Award and any placed upon the NON-PROFIT DEVELOPER under this Agreement to any of its sub -NON-PROFIT DEVELOPERS through a federally -compliant NOW PROFIT DEVELOPER agreement. b. The NON-PROFIT DEVELOPER must comply with all provisions of 2 CFR § 200.332 ("Requirements for Pass -Through Entities") and any other applicable provisions of the Uniform Guidance when issuing a subaward to a sub -NON-PROFIT DEVELOPER_ E. NON-PROFIT DEVELOPER/Contractor Determinations. Prior to entering into an agreement with a third -party entity that is in part or in whole funded by the Subaward, the NON-PROFIT DEVELOPER shall analyze the nature of such agreement pursuant to the pro'vision'i'of 2 CFR § 200,331 ('NON- PROFIT DEVELOPER Subcontractor Determinations") to determine which type of relationship and requirements apply. Article 8: Property Standards A. By executing this Agreement, the NON-PROFIT DEVELOPER hereby certifies that it shall comply with 2 CFR §§ 200.310-200.316 ("Property Standards") and will use such procedures when handling and managing any supplies, equipment, real estate, or other property procured with any portion of the Subaward. B. Except as otherwise provided by Federal Statutes or by the U.S. Department of Housing and Urban Development, real property will be used for the originally authorized purpose as long as needed for that purpose (i.e. affordable housing), during which time the non -Federal entity or NON-PROFIT DEVELOPER may not dispose of or encumber its title or other interests. C. The NON-PROFIT DEVELOPER shall maintain inventory records of all supplies, equipment, real estate, and other property procured with the Subaward and may not to sell, transfer, encumber, or otherwise dispose of any such property without the written permission of the City. If the property is no longer needed for the originally authorized purpose, the NON-PROFIT DEVELOPER shall request disposition of the property, in writing, to the City in which case the procedure in 2 CFR §§ 200.311 shall be adhered to. Article 9: Budget A, Approved Budget. The City -approved Budget for the Subaward is attached to this Agreement as "Exhibit C" and shall be the basis for which the City provides payment to the NON-PROFIT DEVELOPER. M3 In General. Requests to amend the Budget contemplated in this Agreement: a. Must be received by the City no later than forty-five (45) days prior to the expiration of this Agreement's term-, b. Shall be made prior to the NON-PROFIT DEVELOPER incurring any expenses that are not expressly provided for in the Budget; and Shall be considered and approved at the sole discretion of the City, Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 7 of 31 353 2. Informal Budget Amendments. The City's Agreement Liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B, may, in writing, informally approve the following types of Budget amendments: a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then the City's agreement liaison may, in writing, informally approve requested amendments to the Budget that: (1) Do not increase the maximum Subaward amount; and (2) Are deemed by the City's Agreement Liaison as being consistent with the Scope of Services attached as "Exhibit B". b. Non -Discretionary Federal Awards. If the Federal Awarding Agency approved the Budget contemplated in this Agreement, then the City's Agreement Liaison may, in writing, informally approve amendments to the Budget only upon receipt of written approval of such amendments by the Federal Awarding Agency. 3. Formal Budget Amendments. Budget amendments that do not meet either requirement of Paragraph B of this Article may not be informally amended by the City's Agreement Liaison and, instead, must be made by formal written amendment mutually executed by both parties to this Agreement. EMMMZ�� 2 CFR § 200.1 ("Definitions"), defines "Program Income" as gross income earned by the NON-PROFIT DEVELOPER that is directly generated by a supported activity or earned as a result of the Subaward during the Subaward Period of Performance. Program Income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under the Subaward, the sale of commodities or items fabricated under the Subaward, license fees and royalties on patents and copyrights, and principal and interest on loans made with Subaward Funds. Interest earned on advances of the Subaward is not program income. Except as otherwise provided, Program Income does not include rebates, credits, discounts, and interest earned on any of those items. 2. In the event that the NON-PROFIT DEVELOPER generates Program Income, unless otherwise directed by the City, in compliance with 2 CFR § 200,307(e)(1) ("Program Income"), the NON-PROFIT DEVELOPER shall: a. Calculate, document, and record such Program Income and its intended use or uses; b. Report such Program Income to the City as part of the required Progress Report, pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant to Article 13, Paragraph C.; C. Add the Program Income to the Subaward and use for continued activities related to the purposes and conditions of this Subaward. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 8 of 31 354 Article 10: Reimbursement Requests A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual funding -eligible costs as permitted by this Agreement. In order to obtain payment, the NON-PROFIT DEVELOPER shall make funding -eligible expenditures and thereafter submit a "Reimbursement Request(s)" to the City for such expenditures pursuant to the terms found in this Article and additional instructions on Exhibit B "Scope of Services" — Item D "Payment Schedule", B. Form of Reimbursement Requests. All Reimbursement Requests shall clearly indicate the budget category from which each request is drawing. C. Minimum Standards for Reimbursement Requests.' At minimum, all Reimbursement Requests submitted by the NON-PROFIT DEVELOPER must: 1 Include enough.detail so that the City is able to confirm that the NON-PROFIT DEVELOPER has only requested reimbursement of funding -eligible expenses that were incurred by the NON-PROFIT DEVELOPER in compliance with the terms of this Agreement. Includes a dated cover letter of the NON-PROFIT DEVELOPER's organization, with a description defining the period of performance dates which it is has incurred eligible expenses that is now being requested for reimbursement.. 3. If the Budget attached as "Exhibit C" has line -items or funding categories, indicate which line - item or funding category under which each funding -eligible cost is being requested for reimbursement. 4. Pursuant to 2 CFR § 200.415(a) ("Required Certifications"), include the following federally required attestation executed by an individual that is able to legally authorized to do so by the NON-PROFIT DEVELOPER: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal Award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." 5. By executing this Agreement, the NON-PROFIT DEVELOPER hereby affirms that it understands that the above are minimum standards for invoices only and are not meant to represent an exhaustive list of what the City's Agreement Liaison may request or require in order to consider a Reimbursement Request complete or to approve such request for reimbursement. D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the "Scope of Services" attached to this Agreement as "Exhibit B", which hereby supersedes the frequency and due date for Reimbursement Requests noted in this provision if there is a conflict between the two, invoices are due as followed: General Reimbursement Requests. The period for submission of General Reimbursement Requests shall be monthly with such invoices due to the City by the 15th of the month Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 9 of 31 355 subsequent to the provision of services for which the City is being invoiced. Should the NON- PROFIT DEVELOPER fail to timely submit its General Reimbursement Request for any particular month, it accepts the risk that the City may choose not to provide reimbursement for any expenses the NON-PROFIT DEVELOPER incurred during such month. 2. Initial Reimbursement Request. a. If the Subaward Period of Performance began on a date prior to the execution of this Agreement, the NON-PROFIT DEVELOPER shall submit an Initial Reimbursement Request that covers all funding -eligible expenses for the period of time beginning on the first day of the Subaward Period of Performance (for this Agreement: UPON EXECUTION) and ending on the date of execution of this Agreement. This Initial Reimbursement Request shall be submitted no later than the date that the first General Reimbursement Request is due to the City, This Initial Reimbursement Request shall not be required if the Subaward Period of Performance and date of execution of this Agreement occur in the same month. If such occurs, the first General Reimbursement Request may include all expenses made for that month. 3. Final Invoices. Final Invoices shall be due to the City no later than thirty (15) calendar days after the expiration or termination of this Agreement or last date of eligible expenditures by the NON-PROFIT DEVELOPER, whichever the earlier of the dates. 4. Performance Period with No Expenses. In periods where eligible expenses have not been incurred by the NON-PROFIT DEVELOPER, the NON-PROFIT DEVELOPER is not required to submit a General or Initial Reimbursement Request for zero dollars. However, the NOW PROFIT DEVELOPER may still be required to submit a Progress Report over this same period in accordance with Article 13. E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to withhold or deny payment on any Reimbursement Request if such request: Is incomplete or fails to provide the requisite supporting documentation; 2. Fails to be provided in a timely fashion as determined by the terms of this Agreement; or 3. Indicates expenditures that are not compliant with this Agreement, the Federal Award, or any directives issued by the Federal Awarding Agency. Article 11: Payment Terms A. Local Government Prompt Payment Act. The City shall make payments to the NON-PROFIT DEVELOPER for work performed, or services provided, pursuant to this Agreement, in accordance with the Local Government Prompt Payment Act, Section 218.70 et. Seq, Florida Statutes, B. Federal Funding Availability. The City is only responsible for payments to the NON-PROFIT DEVELOPER for which the City is provided funding by the Federal Awarding Agency, If the Federal Awarding Agency determines that a specific cost or expense requested by the NON-PROFIT DEVELOPER is not permitted to be reimbursed under the terms and conditions of the Federal Award, the City shall not be responsible for making payment to the NON-PROFIT DEVELOPER for that specific requested cost or expense. Should the Federal Awarding Agency withhold or deny funding to the City for any reason, the City may subsequently withhold or deny funding to the NON-PROFIT Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 10 of 31 356 181:0411115019:11 C. Payment Limitations. The City shall not make payments for, or in any way be responsible for, payment to the NON-PROFIT DEVELOPER for any of the following: Any goods or services provided that do not fall within the "Scope of Services" attached as "Exhibit B",- 2. Any goods or services that fall within the attached Scope of Services, but that such payment can be made through a third -party program or insurance provider D. Prohibition on Duplicative Funding. The NON-PROFIT DEVELOPER may not accept duplicate funding for any cost, position, service; or deliverable funded by the Federal Award. Duplicative funding is defined as more than one -hundred percent (100%) payment from all funding sources for any cost, position, service, or deliverable. If duplicate funding is discovered, this Agreement may be suspended while the extent of the overpayment is determined, or may be terminated. Such suspension or termination may be initiated at the sole discretion of the City. E. Costs in Excess of Award. Any costs or expenses incurred by the NON-PROFIT DEVELOPER that exceed the overall Subaward amount set forth in this Agreement, or which are were incurred by the NON-PROFIT DEVELOPER outside of the Subaward Period of Performance, shall be the sole responsibility of the NON-PROFIT DEVELOPER. F, At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or any non -Federal Award monies to make payment to the NON-PROFIT DEVELOPER for any costs or expenses incurred by the NON-PROFIT DEVELOPER pursuant or related to this Agreement or the Federal Award. G. Funds Paid in Advance. If the NON-PROFIT DEVELOPER is provided Subaward funds in advance pursuant to this Agreement, the NON-PROFIT DEVELOPER and the City must agree to and execute the Subaward Advance Terms and Certification attached to this Agreement as "Form 5.11 Additionally, the NON-PROFIT DEVELOPER hereby certifies to the City that, if it receives an advance of the Subaward, it will comply with the following: Federal Advance Requirements. The NON-PROFIT DEVELOPER shall comply with 2 CFR § 200.305(b) ("Federal Payment") and therefore shall: Maintain written procedures that minimize the time elapsing between: (i) the transfer of funds by the City to the NON-PROFIT DEVELOPER, and (ii) the NON-PROFIT DEVELOPER's disbursement of those funds for direct project costs and the proportionate share of any allowable indirect costs; b. Review 2 CFR § 200.305(b) and maintain financial management systems that comply with the standards therein for fund control and accountability; and C. Make timely payment to its contractors and vendors. Article 12: Return of Funds A. Unauthorized Expenditures. The NON-PROFIT DEVELOPER shall reimburse the City for all unauthorized or funding -ineligible expenditures. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 11 of 31 357 B. Payment(s) in Error. The NON-PROFIT DEVELOPER shall return to the City any payments made to the NON-PROFIT DEVELOPER that were made in error or were in any manner fraudulent or inconsistent with the "Scope of Services" attached as "Exhibit B" or the Federal Award ("Payment(s) in Error"). In the event that the NON-PROFIT DEVELOPER, or any outside accountant or auditor, determines that a Payment in Error was made, the NON-PROFIT DEVELOPER shall return to the City any associated funds no later than ten (10) business days from when the NON- PROFIT OWPROFIT DEVELOPER became aware of such Payment in Error. 2, In the event that the City discovers a Payment in Error, the City shall notify the NON-PROFIT DEVELOPER and the NON-PROFIT DEVELOPER shall return any associated funds to the City no later than ten (I %,business, days from. the NON-PROFIT DEVELOPER's receipt of• such notice. C. Federal Disallowance(s). If the Federal Government demands reimbursement from the City due to a disallowance or finding that an expense or cost for which the City provided Subaward funding to the NON-PROFIT DEVELOPER was in any way improper or not in compliance with the Federal Award, the NON-PROFIT DEVELOPER shall return any associated funds to the City within a reasonable time period as mutually agreed upon by the City and the NON-PROFIT DEVELOPER, or within six (6) months, whichever is the later of the dates, D. Delay or Failure to Return Funds. Should the NON-PROFIT DEVELOPER fail to reimburse the City for any Payment in Error or Federal Disallowance within the time designated, the City may respond with any number of the following actions: 1 Charge an interest rate as determined by the State of Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance thereof. Interest shall accrue from the date of the NON-PROFIT DEVELOPER's initial receipt of overpayment funds up to the date of reimbursement of said overpayment funds to the City; 2. Withhold any or all future payments until the amount of such overpayment has been recovered by the City; I I 3.. Terminate this Agreement; 4. Bar the NON-PROFIT DEVELOPER from being considered when issuing future Federal Subawards or other City agreements; and 5. Pursue any other remedies permitted by law. Article 13: Progress Reporting and Subaward Closeout A. Progress Reporting Form of Progress Reports. "Progress Report(s)" shall be delivered to the City on a form approved by the City's agreement liaison noted in TABLE 1 — THE PARTIES, or as later re- designated pursuant to Article 2, Paragraph B. 2. Minimum Standards for Progress Reports. At minimum, such Progress Reports must detail the outputs, outcomes, and progress the NON-PROFIT DEVELOPER has made in accomplishing the objectives of the "Scope of Services" attached as "Exhibit B," The City reserves the right to reasonably and unilaterally revise such approved form and request any Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 12 of 31 358 additional supporting documentation from the NON-PROFIT DEVELOPER as it deems necessary to meet its federal reporting requirements and monitoring obligations. 3. Progress Report Frequency and Due Dates. Unless otherwise stated in the Scope of Services, which hereby overwrites the frequency and due date of Progress Reports noted in this provision if there is a conflict between the two, Progress Reports shall be submitted on a monthly basis and are due by the 15th of the month subsequent to the provision of services of which the NON-PROFIT DEVELOPER is reporting. 4. Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the required Progress Reports in accordance with this Article may necessitate the City's withholding of payment on any subsequent Reimbursement Requests and shall be considered cause for termination by the •City pursuant tothe terms of termination in this Agreement. 5. Advances. If a portion of the Subaward was advanced, failure to provide the required Progress Reports in accordance with this Article will obligate the NON-PROFIT DEVELOPER to, at the City's written request, return to the City the balance of any unexpended advanced Subaward funds. B. Annual Reporting Information. NON-PROFIT DEVELOPER shall, upon request by the City's Agreement Liaison or designee, make available NON-PROFIT DEVELOPER data and other information related to the Scope of Services. This information will assist -the City in its annual reporting obligation to the Federal Awarding Agency by September 30 of each year and will also be published on the City's Consolidated Annual Performance and Evaluation Report (CAPER). Information requested will be related to overall performance, program outcomes and impacts, and program approaches related to promoting equitable outcomes in the delivery of services. C. Subaward Closeout. All financial, performance, and other reports as required by the terms of this Subaward must be submitted to the City no later than (15) days after the end date of the Subaward Period of Performance. 2. Any earned and expended Program Income generated as a result of this Subaward must be calculated and documented with justification on its uses related to the purposes and conditions of the Subaward to the City no later than (15) days after the end date of the Subaward Period of Performance. 3. The closeout of the Federal Award, or this Subaward, does not affect any of the following: a. The right of the Federal Awarding Agency or the City to disallow costs and recover funds on the basis of a later audit or other review. The Federal Awarding Agency or City must make any cost disallowance determination and notify the NON-PROFIT DEVELOPER within the record retention period. b. The requirement for the NON-PROFIT DEVELOPER to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. C. The ability of the Federal Awarding Agency to make financial adjustments to a previously closed award such as resolving indirect cost payments and making final payments. Community Development Block Grant Subaward Agreement 1,1, City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 13 of 31 359 d. Audit requirements in 2 CFR Part 200, Subpart F. e. Property management and disposition requirements in §§ 200-310 through 200,316 of 2 CFR Part 200. f. Records retention as required in §§ 200.334 through 200.337 of 2 CFR Part 200. 4. After closeout of the Federal Award, or this Subaward, a relationship created under the Federal Award, or this Subaward, may be modified or ended in whole or in part with the consent of the Federal Awarding Agency or the City and the NON-PROFIT DEVELOPER, provided the responsibilities of the NON-PROFIT DEVELOPER' including those for property management as applicable, are considered and provisions made for continuing responsibilities of the NON- PROFIT OWPROFIT DEVELOPER, as appropriate. Article 14: Maintenance, Retention, and Access to Records A. The NON-PROFIT DEVELOPER, and its subcontractors (if any) that are providing services or otherwise performing pursuant to this Agreement shall abide by the requirements of this Article. The NON-PROFIT DEVELOPER shall establish and utilize generally accepted accounting principles in the maintenance of all records relating to this Agreement. Such practices shall comply with the general acceptable accounting principles and shall fully and accurately reflect, track, and document the NON-PROFIT DEVELOPER's financial activities, 2. The NON-PROFIT DEVELOPER shall establish and maintain separate accounting records for the NON-PROFIT DEVELOPER's activities in meeting its obligations pursuant to this Agreement with sufficient documentation to identify the associated expenditures (e.g. detailed invoices, cancelled checks, payroll journals, bank statement reconciliations, etc.) and establish that such expenditures are allowable, necessary, and reasonable under this Agreement, the Federal Award, and any directives issued by the Federal Awarding Agency. 3. The NON-PROFIT DEVELOPER shall furnish the City with any and all data needed for the purpose of monitoring, evaluation, auditing, and quality assurance. This data shall include information on the services provided or work performed, and any other data that may be required by the City, in its sole discretion, to adequately evaluate the NON-PROFIT DEVELOPER's performance under this Agreement, 4. All records that were created, utilized, or maintained for the purpose of fulfilment of the NON- PROFIT OWPROFIT DEVELOPER's obligations pursuant to this Agreement, whether paper or electronic ("Relevant Records"), shall be retained by the respective record holder for a period of five (5) years after termination of this Agreement, including "any extensions or renewals of this Agreement. 5. In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a period of five (5) years after the resolution of any such event. 6. The NON-PROFIT DEVELOPER shall permit the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives to access, review, or reproduce any and all Relevant Records. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 14 of 31 360 7. If the "Scope of Services" in "Exhibit B" is site-specific, or construction -related, access to the stated construction or work site shall be provided to the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives. 8. The NON-PROFIT DEVELOPER shall ensure that the provisions of this Article are incorporated into any agreements into which it enters that are related to this Agreement and the Federal Award. B. Public Records. 1. Pursuant to Section 119.0701, Florida Statutes, the NON-PROFIT DEVELOPER shall: a. Keep and maintain public recoi ds, required by the Cityto Perform the service. ' Upon request from the City, 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 amount set by the City. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement's term and following completion of this Agreement if the NON-PROFIT DEVELOPER does not transfer the records to the City. Upon completion, or termination, of this Agreement, transfer, at no cost, to the City all public records in possession of the NON-PROFIT DEVELOPER or keep and maintain public records required by the NON-PROFIT DEVELOPER to perform the service in accordance with Florida law. e. If the NON-PROFIT DEVELOPER transfers all public records to the City upon completion of the Agreement, the NON-PROFIT DEVELOPER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the NON-PROFIT DEVELOPER keeps and maintains public records upon completion of this Agreement, the NON-PROFIT DEVELOPER shall meet all applicable requirements for retaining public records in accordance with applicable federal and Florida law. All records stored electronically shall be provided to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE NON-PROFIT DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE NON-PROFIT DEVELOPER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING' TO THIS AGREEMENT, THE NON-PROFIT DEVELOPER SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 310 BOYNTON BEACH, FL 33435 Phone: 561-742-6061 Email: CITYCLERK@BBFL.US . ...... . ..... Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 16 of 31 361 2, Florida Agencies. If the NON-PROFIT DEVELOPER is an "Agency" as defined by Section 119.011, Florida Statutes, then the NON-PROFIT DEVELOPER shall comply with its own obligations under Chapter 119, Florida Statutes. The NON-PROFIT DEVELOPER additionally agrees to cooperate in good faith with the City in the handling of public records created under this Agreement. Notwithstanding anything set forth in any provision of this Agreement to the contrary, the NON-PROFIT DEVELOPER will not be required to destroy any records in its custody in violation of Chapter 119, Florida Statutes, Article IS: Monitoring Requirements A. Monitoring. The NON-PROFIT DEVELOPER shall permit the City, the Clerk, or the designees Of either., such government agency, to periodically monitor the NON-PROFIT DEVELOPER's performance and programmatic and financial activities, pursuar),t to the requirements -found in 2 CFR § 200.332 ("Requirements for Pass -Through Entities") and any other relevant federal laws, regulations, or guidance. NINNUMEM�� If the City, the Clerk, or the designee of either such government agency, discovers any defect in the NON-PROFIT DEVELOPER's performance under this Agreement (whether programmatic, financial, etc.), then a "Letter of Findings" may be provided to the NON-PROFIT DEVELOPER. 2. The NON-PROFIT DEVELOPER shall respond to any such Letter of Findings with a Corrective Action Plan and Implementation Schedule, as instructed by the City, the Clerk, or the designee of either such government agency, within thirty (30) calendar days of the date of the Letter of Findings. Failure to submit a Corrective Action Plan and Implementation Schedule shall constitute a material breach and may result in termination of this Agreement, 3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such government agency, to first issue such a "Letter of Findings" to the NON-PROFIT DEVELOPER prior to the City being permitted to exercise any of its rights in equity, at law, or as otherwise granted through this Agreement, including but not limited to the right to terminate this Agreement. Article 16: Audit Requirements A. Auditing. The NON-PROFIT DEVELOPER shall comply with the federal auditing requirements found in 2 CFR Subpart F ("Audit Requirements"). B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized designees shall have the right to audit NON-PROFIT DEVELOPER's: Disbursement of the Subaward; 2. Service or program delivery; and 3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the Federal Award. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 16 of 31 362 C. Mandatory Audit, Certification, and Audited Financial Statement. In determining the federal award amounts expended during its fiscal year, the NON-PROFIT DEVELOPER shall consider all sources of federal awards including federal resources received from the State or other agencies. 1 If the NON-PROFIT DEVELOPER expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, the NON-PROFIT DEVELOPER must have a single audit completed and conducted in accordance with 2 CFR § 200,514 ("Scope of Audit"), unless the NON-PROFIT DEVELOPER elects to have a program -specific audit in accordance with 2 CFR § 200.501(c) ("Audit Requirements"). 2. If the NON-PROFIT DEVELOPER expends less than seven hundred fifty thousand dollars ($750,000) in federal awards during the fiscal year, the NON-PROFIT DEVELOPER shall: a. ',Provide an annual certification to the City that a single audit was not requir4d; anti b. Annually submit an Audited Financial Statement to the City. 3. If the NON-PROFIT DEVELOPER is mandated to have an audit performed due to its expenditure of seven hundred fifty thousand dollars ($750,000) or more in federal awards within one fiscal year, that audit must be completed no later than one -hundred and eighty (180) calendar days after the close of the NON-PROFIT DEVELOPER's fiscal year, D. Submission of Audits and Audited Financial Statements. The NON-PROFIT DEVELOPER shall submit to the City any and all auditor's report received by the NON-PROFIT DEVELOPER related to its obligations under this Agreement within ten (10) business days of receipt. 2. A copy of the Single Audit Reporting Package, including the associated management letter, which was conducted in accordance with 2 CFR § 200.512 ("Report Submission"), or the applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice provision in this Agreement, with a copy provided to the City at the following: City of Boynton Beach Department of Financial Services Attn: Community Improvement Division 100 E Ocean Avenue Boynton Beach, FL 33435 E. The Federal Audit Clearinghouse. Audits must be submitted to the Federal Audit Clearinghouse either thirty (30) calendar days after receipt of the auditor's report, or nine (9) months after the end of the entity's fiscal year end date. Such audits shall be submitted electronically via the following website: F. Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement and may result in the withholding or denial of any requests for payment or reimbursement to the NON- PROFIT OWPROFIT DEVELOPER. Article 17: Insurance . ................ _ . ... ...... __ ................ A. The NON-PROFIT DEVELOPER agrees to, on a primary basis and at its sole expense, at all times throughout the duration of this Agreement maintain the following types of insurance coverage with limits and on forms (including endorsements) as described in this Article. These requirements, as well Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 17 of 31 363 as the City's review or acceptance of insurance maintained by the NON-PROFIT DEVELOPER is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the NON-PROFIT DEVELOPER under this Agreement. B. The NON-PROFIT DEVELOPER shall require and ensure that each of its sub-contractors/consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified in this Article, the "Scope of Services" Exhibit B and "Attachment 1' (insurance Advisory Form). C. The. NON-PROFIT DEVELOPER shall have in full force the following insurance coverage, and will provide Certificates of Insurance to the NON-PROFIT DEVELOPER prior to commencing operations under this Agreement to verify such coverage during the duration of this Agreement: Commercial General Liability — The NON-PROFIT DEVELOPER shall maintain coverage issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with a limit of liability of not less than one million dollars ($1,000,000) per occurrence, general aggregate, products completed/operations aggregate, and personal advertising Injury; and, all other insurance coverage reasonably required by the City. NON-PROFIT DEVELOPER further agrees coverage shall not contain any endorsement(s) excluding or limiting Prod uct/Completed Operations, Contractual Liability, or Separation of Insured. The NON-PROFIT DEVELOPER agrees to endorse the City as an Additional Insured with a CG 20 26 Additional Insured—Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The coverage shall contain no limitations on the scope of protection afforded the City, its officers, officials, employees or volunteers. The certificate holder and additional insured shall be listed in the name of the City of Boynton Beach, Florida. Z NON -PRO as: Workers' Compensation — The NON-PROFIT DEVELOPER shall maintain coverage for its employees with statutory workers' compensation limits and no less than one million dollars ($1,000,000) for each incident of bodily injury or disease for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City if services are being provided at City facilities, Elective exemptions as defined in Chapter 440, Florida Statutes, will be considered on a case-by-case basis. Any Agency using an employee leasing arrangement shall complete the Leased Employee Affidavit attached as "Form 6." Business Automobile Liability — The NON-PROFIT DEVELOPER shall maintain coverage for all owned; non -owned and hired vehicles issued on the most recent version of ISO form as filed for use in Florida or its equivalent, with limits of not less than one million dollars ($1,000,000) per accident. In the event the NON-PROFIT DEVELOPER does not own automobiles, the NON-PROFIT DEVELOPER shall maintain coverage for hired and non - owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. 3.Vulnerable Ptvmdations: Sexual Abuse and Molestation Coverage with limits of not less than one hundred thousand dollars ($100,000) per occurrence shall also be included for those programs that provide . ................ Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 18 of 31 364 services directly to Vulnerable Person(s). "Vulnerable Person(s)" are minors as defined in Section 1.01 (13), Florida Statutes, or vulnerable adults as defined in Section 415.102, Florida Statutes. 4. NON-PROFIT DEVELOPERSEMYIdln� Sery%ges tthat �. ofAProfess_ional Nature: Professional Liability with a limit of not less than one million dollars ($1,000,000) per wrongful act or claim. For policies written on a claims -made basis, the NON-PROFIT DEVELOPER agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement. In the event the policy is cancelled, non -renewed, switched to occurrence form or any other event that triggers the right to purchase a Supplemental Extended Reporting Period ("SERP") during, the life of this Agreement the NON-PROFIT DEVELOPER agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of t'he SERP shall not relieve the NON-PROFIT DEVELOPER of the obligation to provide replacement coverage. D. Insurance carriers providing coverage required in this "Insurance" subsection must be authorized or eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial Strength Rating of A -Class VIII. E. Any request for an exception to these insurance requirements must be submitted in writing to the City for approval. F. The NON-PROFIT DEVELOPER shall provide to the City current certificates of insurance evidencing all required coverage prior to execution and commencement of any operations/services provided under this Agreement. In addition to the certificate(s) of insurance the NON-PROFIT DEVELOPER shall also provide copies of any applicable endorsements as required above. G. For continuing service contracts, renewal certificates shall be submitted upon request by either the City or its certificate management representative. The certificates shall clearly indicate that the NOW PROFIT DEVELOPER has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) calendar days prior written notice to the City. Certificates shall specifically reference the respective Agreement number. The certificate holder shall read: City of Boynton Beach, Florida Attention: Risk Management Department 100 E. Ocean Avenue Boynton Beach, FL 33435 H. State Agencies or Subdivisions. If the NON-PROFIT DEVELOPER is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes)- . Paragraphs A — G of this Article are not applicable. However, such paragraphs do apply to any of the NON-PROFIT DEVELOPER's subcontractors that are not agencies or political subdivisions of the State of Florida and must be included by the NON-PROFIT DEVELOPER in any such subcontracts. 2. Without waiving its right to sovereign immunity as provided in Section 768,28, Florida Statutes, the NON-PROFIT DEVELOPER may self -insure its liability with coverage limits of one million Dollars ($1,000,000) per occurrence or such other limited sovereign immunity as set forth by Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 19 of 31 365 the Florida legislature. A statement of self-insurance shall be provided to the City's Risk Management Department at the address in Paragraph G of this Article. Article 18: Indemnification, Sovereign Immunity, and Liability A. Indemnification. The NON-PROFIT DEVELOPER agrees to defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or.omission of the NON-PROFIT DEVELOPER, its officers, directors, employees, and/or agents relating to the NON-PROFIT DEVELOPER's performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. B. Sovereign Immunity. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of the City's sovereign immunity.. provisions or protections pursuant to Section 768.28, Florida Statutes. 2. State Agencies or Subdivisions. If the NON-PROFIT DEVELOPER is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes),.then Paragraph B.I. of this Article applies to the NON-PROFIT DEVELOPER in the same manner in which it applies to the City. C. Liability. Unless otherwise explicitly stated in this Agreement, in no event shall either party be responsible to the other for any indirect damages, incidental damages, consequential damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty, or a breachofterm of this Agreement. 2. Without waiving any of the provisions or protections under this Agreement or pursuant to Florida law, under no circumstances shall the City be liable to the NON-PROFIT DEVELOPER under any contract, negligence, strict liability, or other legal or equitable theory for any amounts in excess of those limits per claim and per occurrence set forth for tort liability in Section 768.28 of the Florida Statutes, which limits are hereby made applicable to all manner of claims against the City related to this Agreement and are not confined to tort liability, State Agencies or Subdivisions. If the NON-PROFIT DEVELOPER is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph C.2. of this Article applies to the NON-PROFIT DEVELOPER in the same manner in which it applies to the City. Article 19: Independent Contractor, Non -Agent NON-PROFIT DEVELOPER, and Third Parties A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is intended to, or should be construed as, creating or establishing the relationship of copartners between the parties, or as constituting the NON-PROFIT DEVELOPER as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The NON-PROFIT DEVELOPER is to be, and shall remain, an independent contractor with respect to all services performed under this Agreement, and that any individuals hired, or performing services or work, pursuant to this Agreement Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 20 of 31 �M shall be considered to be the employee of the NON-PROFIT DEVELOPER for all purposes, including but not limited to for any worker's compensation matters. B. Non -Agent NON-PROFIT DEVELOPER. The Boynton Beach City Commission has not delegated to any City officer or employee the authority to appoint any agent on the City's behalf regarding the subject matter of this Agreement. Accordingly, nothing in this Agreement is intended to, or shall be construed as to, appoint the NON-PROFIT DEVELOPER as an agent of the City. Additionally, no review or approval of the NON-PROFIT DEVELOPER's services, requests for reimbursement, reports, or records by the City may be construed as the City appointing the NON-PROFIT DEVELOPER as an agent of the City. C. No Third -Party Claims. Nothing in this Agreement, express or implied, shall confer to a third -party - -or be construed as conferring to a third -party in any way -any legal or equitable right, benefit, claim, or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal Government, the City, and the employees and/or contractors of each of the foregoing governments, shall be held harmless from liability to any third parties for claims asserted under this agreement. Article 20: Confidentiality I A. Confidentiality. 1. The parties hereby agree to maintain any confidential information transmitted by the other party over the course of this Agreement confidential to the extent that such confidentiality is lawfully permitted pursuant to Florida or Federal law. The NON-PROFIT DEVELOPER shall limit disclosure of its Confidential information to the minimum necessary to properly perform under this Agreement. The NON-PROFIT DEVELOPER understands that the City is subject to Florida Public Records laws and that information that NON-PROFIT DEVELOPER may consider Confidential Information may be subject to disclosure absent a statutory exemption. In the event a public records request is made for Confidential I Information of NON-PROFIT DEVELOPER, NON-PROFIT DEVELOPER shall be responsible for defending its assertion that such records are subject to an exemption from disclosure and shall indemnify the City from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of a public records request for NON-PROFIT DEVELOPER's Confidential Information where NON-PROFIT DEVELOPER asserts an exemption to disclosure B. Health Insurance Portability and Accountability Act ("HIPAA") Generally. If the NON-PROFIT DEVELOPER meets the definition of "Covered Entity," as defined in 45 CFR § 160.103, or a "Hybrid Entity," as defined in 45 CRF § 164.103, then: a. Before providing any services funded, in whole or in part, through this Agreement that may cause the NON-PROFIT DEVELOPER to generate Protected Health Information ("PHI") as defined in 45 CFR § 160.103, the NON-PROFIT DEVELOPER must first obtain legally sufficient medical release authorizations from each individual receiving such services. Such required medical release authorizations may be limited in scope; however, they must at least permit the disclosure of any PHI that is in any way related to the Subaward-funded services that individual(s) receive to the City for reporting, monitoring, and auditing purposes. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 21 of 31 367 The City hereby reserves the right to deny payment for any costs the NON-PROFIT DEVELOPER incurs in its provision of otherwise funding -eligible services to any individual(s) for whom it does not have a valid and current medical release authorization as required by this provision. Additionally, the NON-PROFIT DEVELOPER must require any of its subcontractors for which this provision is applicable to secure such requisite medical release authorizations as well. 2. Business Associate Agreements. Should the NON-PROFIT DEVELOPER's provision of services under this Agreement require access to PHI generated by the City, then the NON- PROFIT OWPROFIT DEVELOPER must execute a Business Associate Agreement that complies with th,� standards found in 45 CFR § 164.504(e). C. Florida Information Protection Act ("FIPA") Pursuant to Section 501.171(g)1., Florida Statutes, "Personal Information" means either of the following: An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: (1) A social security number; (2) A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; (3) A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; (4) Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or (5) An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account, 2. If, pursuant to this Agreement, the NON-PROFIT DEVELOPER is maintaining, storing, or processing personal information on behalf of the City, the NON-PROFIT DEVELOPER is the City's "Third -Party Agent" under FIPA and hereby agrees to comply with all obligations for such "Third -Party Agents" as detailed in Section 501.171, Florida Statutes. These obligations include, but are not limited to: a. Taking reasonable measures to protect and secure data in electronic form containing personal information; and Community Development Block Grant Subaward Agreement" City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 22 of 31 368 b. Providing notice to the City in the event of a breach of security of the NON-PROFIT DEVELOPER's system as expeditiously as practicable, but no later than ten (10) calendar days following the determination of the breach of security or reason to believe the breach occurred. 3. The NON-PROFIT DEVELOPER shall be responsible and liable for all costs associated with any required notices, fines, or fees assessed against the City for any breach of Personal Information that is the fault of the NON-PROFIT DEVELOPER. Article 21: Remedies for Noncompliance A. Remedies for. Noncompliance. Pursuant to 2 CFR § 200.339 ("Remedies for Noncompliance"), if the NON-PROFIT DEVELOPER .,fails, to comply., with the U.S. Constitution, federal statutes, regulations, or the terms and conditions of a Federal Award or any additional conditions that the Federal Awarding Agency or City may impose, and the Federal Awarding Agency or City determine that such noncompliance cannot be remedied by imposing additional conditions, the Federal Awarding Agency or City may take one or more of the following actions, as appropriate in the circumstances: 1 Temporarily withhold cash payments pending correction of the deficiency by the NON-PROFIT DEVELOPER or more severe enforcement action by the Federal Awarding Agency or City; 2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate this Agreement; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated at the recommendation of the City; 5. Withhold further Federal Awards for the project or program; or 6. Take other remedies that may be legally available. A. Termination for Convenience by the City. Pursuant to 2 CFR Part 200, Appendix 11, Paragraph B, contracts made pursuant to a Federal Award must address termination for convenience by the City including the manner by which it will be effected and the basis for settlement. As such, the City may terminate this Agreement for convenience by providing a written thirty (30) calendar day notice to the NON-PROFIT DEVELOPER. B. Termination by the NON-PROFIT DEVELOPER. Pursuant to 2 CFR § 200.340(a)(4), the NON- PROFIT DEVELOPER may terminate this Agreement upon sending the City written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward was made, the City may terminate the Subaward in its entirety. Additionally, a NON-PROFIT DEVELOPER's failure to complete performance on a Subaward in the manner initially agreed upon may compromise the NON-PROFIT DEVELOPER's ability to receive subawards, other grants, or any other contract opportunities from the City in the future. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 23 of 31 369 C. Termination for Cause. Immediate Termination. a. The City reserves the right of "Immediate Termination" of this Agreement, with such termination to be effectuated as of the NON-PROFIT DEVELOPER's receipt of written notice which may be hand -delivered or transmitted by electronic mail to the NON- PROFIT DEVELOPER's Agreement Liaison noted in TABLE 1— THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B. Notwithstanding the foregoing, the City, as a courtesy, may additionally provide the NON-PROFIT DEVELOPER with such notice in the manner provided in Article 5 ("Notice") of this Agreement. b. Immediate Termination pursuant to this provision shall be permitted for any number of the following reasons: (1) The Federal Awarding Agency terminates the Federal Award; (2) Any circumstance under which the City is no longer receiving Federal Award funds to reimburse the NON-PROFIT DEVELOPER occurs; (3) The amount invoiced by the NON-PROFIT DEVELOPER meets or exceeds the amount of the Subaward provided for in this Agreement; (4) The NON-PROFIT DEVELOPER files bankruptcy or otherwise becomes insolvent; (5) The NON-PROFIT DEVELOPER is determined to be ineligible to do business in the State of Florida; (6) If the NON-PROFIT DEVELOPER is a non-profit agency, loss of the NOW PROFIT DEVELOPER's non-profit status; or (7) As otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. The City may terminate this Agreement for cause upon providing a written fourteen (14) calendar day breach of contract and termination notice. such termination for cause may be for any material breach of this Agreement, or if the City, using its sole discretion, determines that the NON-PROFIT DEVELOPER is unable to perform under this Agreement. 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or accept the NON-PROFIT DEVELOPER's proposed cure if such an opportunity is provided, the City reserves the right to provide the NON-PROFIT DEVELOPER the opportunity to cure any stated breach. Such opportunity to cure can be used in tandem with, or in lieu of, a Letter of Findings issued in accordance with Article 15 ("Monitoring Requirements") of this Agreement. If the City provides such opportunity to cure, shall: a. Provide the opportunity to cure as a part of the City's breach of contract and termination notice; and b. Allot an appropriate deadline by which the NON-PROFIT DEVELOPER must provide its proposed cure to the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 24 of 31 370 4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the NON-PROFIT DEVELOPER's damages for such termination, if any, shall be the same as if the City terminated this Agreement for convenience. D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement was due to the NON-PROFIT DEVELOPER's material failure to comply with the Subaward's terms and conditions, the City reserves the right to report the NON-PROFIT DEVELOPER to the Federal Awarding Agency so that it may report the termination to the OMB -designated integrity and performance system accessible through the federal System of Award Management CISPAYI). E. In the Event of Termination. After receipt of a notice of termination, except as otherwise directed, the NON-PROFIT DEVELOPER shall take all of the following actions:- , Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the requirements in 2 CFR §§ 200.344 ("Closeout") and 200.345 ("Post -Closeout Adjustments and Continuing Responsibilities"); 2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not yet been recouped by the City (if any); 3. Stop working under this Agreement on the date of receipt of the, notice of termination unless otherwise stated in such notice; 4. Place no further orders and enter into no further agreements to the extent that either relate to the performance of the work which was terminated and direct any subcontractors to do the same; 5. Terminate all orders and subcontracts to the extent that they relate to the performance of the work, which was terminated; 6. Finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the date of termination, up to and including the final invoice due at the end of the project without reimbursement beyond that due as of the date of termination for services rendered to the termination date; 7. Take any other actions as reasonably directed in writing by the City. F Payment in Event of Termination. If this Agreement is terminated before performance is completed, whether for convenience or cause, the NON-PROFIT DEVELOPER shall be paid for the work or services satisfactorily performed. In the event the Agreement is terminated for cause, the City shall be entitled to collect all or part of any funds owed to the City by the NON-PROFIT DEVELOPER by deduction from the reimbursement or payment amount due the NON-PROFIT DEVELOPER, No other damages, fees, or costs may be assessed against the City for its termination of the Agreement. G. Force Majeure. The NON-PROFIT DEVELOPER shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by explosion, war, embargo, government requirement, civil or military authority, pandemic, act of God, or other similar causes beyond the NON-PROFIT DEVELOPER's control so long as the NON-PROFIT DEVELOPER's delay is not caused by the NON-PROFIT DEVELOPER's own ............... Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 25 of 31 371 fault or negligence. Notwithstanding the foregoing, the NON-PROFIT DEVELOPER cannot claim Force Majeure under this provision for any emergency, exigency, or "Act of God" that is specifically contemplated within the Scope of Services of this Agreement, or which in any way existed at the time this Agreement was executed. 2. The above notwithstanding, in order to claim delay pursuant to this provision, the NON- PROFIT OWPROFIT DEVELOPER shall notify the City in writing within seven (7) business days after the beginning of any such cause that would affect its performance under this Agreement. Failure to notify the City in a timely manner of any claim of Force Majeure made pursuant to this provision is cause for termination of this Agreement. 3. If, the NON-PROFIT DEVELOPER's performance is delayed pursuant to this provision for a -period exceeding seven (7) business days from the date the City receives the required Fori:;e Majeure notice, the City shall have the right to terminate this Contract thereafter and shall only be liable to the NON-PROFIT DEVELOPER for any work performed pursuant to this Agreement prior to the date of the City's termination. 4. No other damages, fees, or costs may be assessed against the City for its termination of this Agreement pursuant to this provision. Nothing in this provision shall prevent the City from terminating this Agreement for any purpose otherwise expressly stated in this Agreement. Article 23: General Provisions (Alphabetical) A. Assignments and Successors. The parties deem the services to be rendered pursuant to this Agreement to be personal in nature. Each party binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither party shall assign, sublet, convey, or transfer its interest in this Agreement without the written consent of the other, which consent shall be in the sole determination of the party with the right to consent. B. Attorneys' Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall each bear their own costs, expert fees, attorneys' fees, and other fees incurred in connection with this Agreement and any action or proceeding arising out of or relating to this Agreement (an "Action"), C. Conflicts. The NON-PROFIT DEVELOPER shall comply with all applicable local, state, and federal laws, regulations, executive orders, and the policies, procedures, and directives of the Federal Awarding Agency. Should there be conflict between the various applicable laws and this Agreement, the most restrictive shall govern. D. Construction and Representations. Each party acknowledges that it has had the opportunity to be represented by counsel of such party's choice with respect to this Agreement. In view of the foregoing, and notwithstanding any otherwise applicable principles of construction or interpretation, this Agreement shall be deemed to have been drafted jointly by the parties and in the event of any ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied upon any representations or statements made by the other party to this Agreement which are not specifically set forth in this Agreement, E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in counterparts, both of which shall be deemed an original and which taken together shall constitute one agreement. Any counterpart may be delivered by any party by electronic transmission of the full Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 26 of 31 372 Agreement as executed by that party to the other party as mutually agreed upon by the parties, and delivery shall be effective and complete upon completion of such transmission. F. Governing Law. This Agreement shall be considered as having been entered into in the State of Florida and shall be construed and interpreted in accordance with the laws of that state, G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement, including the Table of Contents or Table of Terms and Provisions, are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. H. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any right that,party doesor might have to a trial by jury related to any Action. Remedies. No remedy conferred upon any party in this Agreement 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 rights, power, or remedy hereunder shall preclude any other or further exercise thereof. Severability. The provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependence is a material inducement for thepartiesto enter into this Agreement. Therefore, should any material term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. K. Signatory. Each signatory below represents and warrants that he or she has full power and is duly authorized by their respective party to enter into and perform under this Agreement. Such signatory also represents that he or she has fully reviewed and understands the above conditions and intends to fully abide by the conditions and terms of this Agreement as stated. L. Survivorship. Those provisions which by their nature are intended to survive the expiration, cancellation, or termination of this Agreement, including, by way of example only, the indemnification and public records provisions, shall survive the expiration, cancellation, or termination of this Agreement. M. Use of City and NON-PROFIT DEVELOPER Logos. Both parties are prohibited from use of any and all of the other party's emblems, logos, or identifiers without written permission from that party, N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court of competent jurisdiction sifting in Boynton Beach, Florida, regarding any Action, and further agrees that any such Action shall be heard and determined in such Florida federal or state court. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Boynton Beach, Florida. 0. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 27 of 31 373 any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. P. Written Modification. No modification of this Agreement shall be binding upon any party to this Agreement unless it is reduced to writing and is signed by a duly authorized representative of each party to this Agreement. 2. Notwithstanding the above subparagraph, the parties hereby recognize that the Federal Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted to unilaterally "pass -down" to the NON-PROFIT DEVELOPER without formal amendment to this Agreement. I - , 11, 3, The City shall provide notice such unilateral amendments to the NON-PROFIT DEVELOPER in a timely fashion to both by electronic mail to the NON-PROFIT DEVELOPER agreement liaison noted in TABLE 1 — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B. 4. The NON-PROFIT DEVELOPER hereby agrees to work with the City in good faith to make any additional amendments to this Agreement as may be necessary pursuant to directive provided by the Federal Awarding Agency. Article 24: Attachments The documents provided for in the table below are hereby incorporated by both reference and attachment and therefore form a material part of this Agreement. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 28 of 31 374 Article 25: Entire Agreement This Agreement, and any documents incorporated, referenced, or attached to this Agreement, sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. [ SIGNATURES ON FOLLOWING PAGES] Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 29 of 31 375 The City has executed this Agreement on the date set forth below. BOYNTON BEACH, FLORIDA By: City Manager 22 is In 14 N-PRt7FIT DEVEL©PER SIGNATURE I ON FOLLOWING PAGE .. . . ................................................. .. . ........ Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 30 of 31 376 [66YN' 6'N BEACH, FLORIDAS SIGNATURE "ON PREVIOUS PAGE I The NON-PROFIT DEVELOPER has executed this Agreement on the date set forth below. BOYTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, INC. By: NON-PROFIT DEVELOPER Name and Title Date: /.nZ 1'1 �� . . . ........... Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 31 of 31 377 Form 1 E -Verify Registration and Use Certification COMPLETION OF THIS FORM IS REQUIRED FOR ALL NON-PRORT DEVELOPERS Please note that the City will verify that the NON-PROFIT DEVELOPER has an active registration on I1ftLs,.-//e LL(r_:V,aov. If the NON-PROFIT DEVELOPER does not have an active registration noted on the l:ve r i, f—y website because the Federal Government has not yet updated its website, it must then provide a copy of the E -Verify Memorandum of Understanding for Employers that the NON-PROFIT DEVELOPER received upon registration to the City. E -VERIFY REGISTRATION USE CERTIFICATION The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER, that: A. They have personal knowledge of the factual assertions set forth in this E -Very Use and Registration Certification and Affidavit, B. The NON-PROFIT DEVELOPER is registered with the United States Department of Homeland Security's E -Verify system to verify the work authorization status of all employees hired during the term of this Agreement and shall provide evidence of such registration to the City upon request. C. The NON-PROFIT DEVELOPER does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes, D. The NON-PROFIT DEVELOPER shall require all subcontractors performing work under this Agreement to provide an affidavit stating that such subcontractors do not employ, contract with, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifiaAthat it understands and will comply with its obligations as stated in this affidavit. Sig.......... . ............ . . . ........ . na r 4 NON-PROFIT DEVELOPER Official e Representative Printed _Name . . . ...... ..... Date Community Development Block Grant Subaward Agreement — Form I City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 378 Form 2 Public Entity Crimes and Scrutinized Companies Certification Part 1: Certification of Compliance with Sec#ion 287.133, Florida Statutes {Public Entity Crime} The undersigned hereby certifies, on behalf of the NON-PROFIT DEVELOPER, that: A. Neither the NON-PROFIT DEVELOPER, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the NON-PROFIT DEVELOPER, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989. B. The NON-PROFIT DEVELOPER has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list. C. The NON-PROFIT DEVELOPER acknowledges that for the purposes of this certification, the terms .,public entity crime," "convicted," and "affiliate," are as defined in Section 287,133, Florida Statutes, which the NON-PROFIT DEVELOPER has reviewed prior to the execution of this certification, D. The NON-PROFIT DEVELOPER acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the NON-PROFIT DEVELOPER be found to: Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statutes, or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statute subsequent to entering into this Agreement with the City. E. The NON-PROFIT DEVELOPER shall immediately notify the City if at any point during the term of the Agreement, the NON-PROFIT DEVELOPER's status under Section 287.133, Florida Statutes, changes in any manner. Part 2: Certification of Compliance with Section 287.135, Florida Statutes (Scrutinized Companies) The undersigned hereby certifies, on behalf of the NON-PROFIT DEVELOPER, that: A. The NON-PROFIT DEVELOPER certifies that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287,135, Florida Statutes. On the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215,4725, Florida Statutes, and the NON-PROFIT DEVELOPER is not engaged in a boycott of Israel; Community Development Block Grant Subaward Agreement — Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page I of 2 379 Form 2 Public Entity Crimes and Scrutinized Companies Certification (Continued) 2. On the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List," created pursuant to Section 215.473, Florida Statutes; or 3. Engaged in business operations in Cuba or Syria, C. The NON-PROFIT DEVELOPER acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the NON-PROFIT DEVELOPER be found to: Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement with the City. D. The NON-PROFIT DEVELOPER shall immediately notify the City if at any point during the term of the Agreement, the NON-PROFIT DEVELOPER's status under Section 287.135, Florida Statutes, changes in any manner. Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. 7 7 ........ - ----- - . ........ u 6of NON-PROFIT DEVELOPER Official Title Representative . ................... ...... ... . ..... Printed Name Date Community Development Block Grant Subaward Agreement — Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 2 of 2 380 Form 3 Small and Minority Business Enterprise {"MBE"), Women Business Enterprise ("WBE"), and Labor Surplus Area Firm Certification A CERTIFICATION OF COMPLIANCE WITH 2 CFR § 20(1.321 The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER, that the NON-PROFIT DEVELOPER will comply with all of the following should the NON-PROFIT DEVELOPER subcontract using any portion of the Subaward: A. When selecting subcontractors and making procurements with the Subaward, the NON-PROFIT DEVELOPER shall take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus firms are used whenever possible while expending the Subaward. B. Pursuant to 2 CFR § 200.321, such affirmative steps must include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. The NON-PROFIT DEVELOPER understands that it must pass this obligation down to its subcontractors (if any). Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifies thall it understands and will comply with its obligations as stated in this affidavit. Signature of NON-PROFIT DEVELOPER 6-ff—iclaffit"I e .... . ..... . . Representative — - ----------- Printed Name Date Community Development Block Grant Subaward Agreement - Form 3 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of I 381 Form 4 Subaward Advance Terms and Certification COMPLETION OF THIS FORM IS CONDITIONAL This form is required for all NON-PROFIT DEVELOPERS that will be receiving an advance of the Subaward. Will the NON-PROFIT DEVELOPER be receiving an advance pursuant to this Agreement? R� If "No" then the NON-PROFIT DEVELOPER may disregard this form. If "Yes" then the NON-PROFIT DEVELOPER hereby agrees to the following terms and executes the following certification. Part 1: Subaward Advance Terms A. 2 CFR § 200.305(b) ("Payment") permits the City to issue advance payments of the Subaward to the NON-PROFIT DEVELOPER as long as such advanced payments are: (1) limited to the minimum amounts needed; and (2) timed to be in accordance with the actual, immediate cash requirements of the NON-PROFIT DEVELOPER in carrying out the Scope of Services. B. As such, the following "Subaward Advance Budget" was prepared: C. Based upon the foregoing, the City shall issue an advance of $_p.00 _ at the beginning of the Agreement's term, or when such advance is agreed upon by the parties in writing. All advanced Subaward funds must be spent no later than thirty (30) calendar days from the NON-PROFIT DEVELOPER's receipt of the advance. D. Subaward Advance Reconciliation. The NON-PROFIT DEVELOPER shall provide the City with a Subaward Advance Reconciliation Report with all documentation necessary (paid invoices, receipts, etc.) showing that the advance was appropriately spent no later than forty-five (45) calendar days after the NON-PROFIT DEVELOPER receives the advance of the Subaward, 2. Such Subaward Advance Reconciliation Report must be: (a) executed by the NON-PROFIT DEVELOPER's authorized representative; and (b) include the federal attestation language outlined in Article 10, Paragraph C.3. ("Reimbursement Requests"), 1 If the NON-PROFIT DEVELOPER failed to expend all of the advanced Subaward funds within the thirty (30) days provided, the balance of unspent funds shall be deducted from subsequent invoices received by the City until it is fully exhausted. Any such advanced funds remaining at the end of the Agreement's term must be returned to the City. Community Development Block Grant Subaward Agreement — Form 4 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 1 of 2 382 Form 4 Subaward Advance Terms and Affidavit (Continued) 4. The City reserves its right to suspend any further payments to the NON-PROFIT DEVELOPER until it receives a sufficient Subaward Advance Reconciliation Report from the NON-PROFIT DEVELOPER. Nothing in this Form 4 should be construed as limiting the City from pursuing any additional remedies contemplated in the Agreement or at law E. The NON-PROFIT DEVELOPER shall comply with all terms found in the Agreement regarding advances, including but not limited to, those found in Article 11, Paragraph G ("Payment Terms") and shall provide evidence to the City that it has obtained the Fidelity & Employee Dishonesty Insurance as contemplated therein. Part 2: Subaward Advance Certifrcataon The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER, that: 1 The NON-PROFIT DEVELOPER understands and will comply with the Subaward Advance Terms provided in Part 1 above. 2. The Subaward Advance Budget provided for in Part 1 above is a true and accurate representation of the NON-PROFIT DEVELOPER's actual, immediate cash requirements for carrying out the Scope of Services. 3. The NON-PROFIT DEVELOPER shall comply with 2 CFR § 200.305(b) and therefore shall maintain written procedures that minimize the time elapsing between: (1) the transfer of funds by the City to the NON-PROFIT DEVELOPER, and (2) the NON-PROFIT DEVELOPER's disbursement of such funds for direct project costs and the proportionate share of any allowable indirect costs. 4, The NON-PROFIT DEVELOPER has reviewed 2 CFR § 200.305(b) and maintains financial management systems that comply with the standards therein for fund control and accountability. 5. The NON-PROFIT DEVELOPER shall make timely payment to its contractors, vendors, and any agencies providing services to the NON-PROFIT DEVELOPER pursuant to the Agreement. 6. Should the NON-PROFIT DEVELOPER be found to have mismanaged the Subaward advanced by the City, the City may consider such mismanagement cause for termination of the Agreement. Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifies that it understands and will comply with its obligations as stated in this affidavit. Signature �30_Flf D—EVELOPER - ---------- -- Official Title Representative ...................... — ------------- . . . .. .. . . . . ..... ....... . . . ..... . . ......... . . ...... Printed Name Date Community Development Block Grant Subaward Agreement — Form 4 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 383 COMPLETION 'OF THIS FORM IS CONDMIONat. This form is required for all NON-PROFIT DEVELOPERS that will be performing Part or all of the services in the Scope of Services attached as "Exhibit B" on City property. Question 1: Will any portion of the services be performed on City Property? EJ If "No" then the NON-PROFIT DEVELOPER may disregard this form. If "Yes" then go to "Question 2" below, Question 2. Will any portion of the services performed on City Property be performed by leased employees or pursuant to any type of employee leasing arrangement? El If "N/A" or "No" then the NON-PROFIT DEVELOPER may disregard this forrn. If "Yes" then the NON-PROFIT DEVELOPER must attest to the following: The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER, that: A. The NON-PROFIT DEVELOPER hereby certifies that it has workers' compensation coverage for all of my workers through the employee leasing arrangement specified below: Narne of Employee Leasing Company:.... ........ . . . . Workers' Compensation Carrier: A.M. Best Rating of Carrier. Inception Date of Leasing Arrangement: B. The NON-PROFIT DEVELOPER understands that its contract with the employee leasing company limits its workers' compensation coverage to enrolled worksite employees only and that the NON-PROFIT DEVELOPER's leasing arrangement does not cover Lin -enrolled worksite employees, independent contractors, uninsured sub -contractors, or casual labor exposure, Accordingly, the NON-PROFIT DEVELOPER affirms that 1 001/o of its workers are covered as worksite employees with the employee leasing company. C The NON-PROFIT DEVELOPER further certifies that it does not hire any casual or uninsured labor outside the employee leasing arrangement and hereby agrees to notify the City in the event that it has any workers not covered by the employee leasing workers' compensation policy. In the event that the NON-PROFIT DEVELOPER has any workers not subject to the employee leasing arrangement, the NON-PROFIT DEVELOPER hereby agrees to obtain a separate workers' compensation policy to cover such workers, The NON-PROFIT DEVELOPER further agrees to provide the City with a certificate of insurance providing proof of workers' compensation coverage prior to such workers entering 'the City's worksite or performing any obligation pursuant to this Agreement. D. The NON-PROFIT DEVELOPER hereby agrees to notify the City if its employee leasing arrangement terminates with 'the employee leasing company and it understands that it is required to furnish proof of replacernent workers' compensation coverage prior to the termination of the employee leasing arrangement and further agrees to notify the City in the event that it switches employee -leasing companies. E. The NON-PROFIT DEVELOPER hereby acknowledges that it has an obligation to supply an updated workers' compensation certificate to the City that documents the change of carrier. Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifieseflaki understands and will comply with its obligations as stated in this affidavit. . ....... X wzllz pez�?�e i gag n a rree o' NO NO' 4.,F --P S'ROFIT DEVELOPER Official Title Represg� =ajve . ...... ........ Printed Name Date ............... Community Development Block Grant Subawand Agreement — Form 5 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page I of I 384 Form 6 Federal Suspension and Debarment Certification Please note that the City will verify that the NON-PROFIT DEVELOPER has an active registration with SAM.gov on ai! AL). If the NON-PROFIT DEVELOPER does not have an active registration noted in the SAM.gov system, then this Agreement will not be executed by the City. FEDERAL SUSPENSION AND DEBARMENT CERTIFICATION The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER, that: A. They have personal knowledge of the factual assertions set forth in this Federal Suspension and Debarment Certification. B. The NON-PROFIT DEVELOPER complies with 2 CFR Part 180, Subpart C ("Responsibilities of Participants Regarding Transactions Doing Business with Other Persons"). C. The NON-PROFIT DEVELOPER is registered and maintains an active registration with SAM.gov and will maintain an active registration with SAM.gov for the entire term of this Agreement. D. The NON-PROFIT DEVELOPER does not appear on the SAM Exclusions list and shall notify the City within five (5) business days if it is added to the SAM Exclusions list, or should its status under the SAM system change in any way during the term of this Agreement. E. The NON-PROFIT DEVELOPER shall include a requirement to comply with 2 CFR Part 180, Subpart C in any lower tier covered transactions into which it enters. F. The NON-PROFIT DEVELOPER understands and agrees that the City reserves the right to institute additional restrictions and conditions to this Agreement, terminate this Agreement, and pursue any other remedy available under local, state, and federal law, should the NON-PROFIT DEVELOPER: (1) be found to have misrepresented its SAM.gov status in any manner; or (2) fail to notify the City of any change in its status under the SAM.gov system. This certification is a material representation of fact relied upon by the City. If it is later determined that the NON- PROFIT DEVELOPER fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to, suspension or debarment. Pursuant tplIfil, binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifies ,khat it6tderstands and will comply with its obligations as stated in this affidavit. SignatR,re of NO��PROFIT DEVELOPER OfFiciWal Title Representative Cur 1�D.� P ____________ ........... �a �� rinted Name ...... _..... Date Community Development Block Grant Subaward Agreement — Form 6 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 1 of 1 385 Form 7 Certification Regarding Lobbying �•�"�rlt"t':�, ��:�r3�1r�.�if;1f�=�i��air,"i�+�T,� � �► � ,�. This form is required for all NON-PROFIT DEVELOPERS receiving a Subaward in an amount that exceeds $100,000. Does the Subaward exceed $100,000? FeRs If "'No" then the NON-PROFIT DEVELOPER may disregard this form. If "fes" then the NON-PROFIT DEVELOPER hereby executes the following Certification Regarding Lobbying as required by 31 USC § 1352: CERTIFICATION REGARDING LOBBYING 31 USC t 1352 Part 1: Certification for Contracts, Grants, Loans, and Cooperative Agreements 119 re MIR . -. - . .- M - -• � A. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the NON-PROFIT DEVELOPER, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the NON-PROFIT DEVELOPER shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. C. The NON-PROFIT DEVELOPER shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all NON-PROFIT DEVELOPERS shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Part 2: Statement for Loan Guarantees and Loan Insurance The undersigned certifies on behalf of the NON-PROFIT DEVELOPER that: A. If any funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the NON-PROFIT DEVELOPER shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. Community Development Block Grant Subaward Agreement — Form 7 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 Form 7 Certification Regarding Lobbying (Continued) B. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. .......... - ........ . .......... Signature of NON-PROFIT DEVELOPER Official Title Representative raw Printed "Name Date I REMAINDER OF PAGE LEFT BLANK] Community Development Block Grant Subaward Agreement — Form 7 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 387 Exhibit A Required Information for Federal Subawards Table ........... __ . . ....................................... . . ........ . . REQUIRED I RED PURSUANT TO 2 CFR��,�t 200.332 1 . . . ....... . . ............ . ... ..... . . ............. Requirements . . . . .. ------ ... ... ... . .. .. ,Federal Subaward-Specific Information . . ........ NON-PROFIT DEVELOPER Name (registered name in Boynton Beach Faith Based Community SAM.gov): . . . . . . ......................................... . . . Development Corporation, Inc. NON-PROFIT DEVELOPER's Unique Entity Identifier GZS6GQ1 CQFM9 (UEI): . ........... . .. . . . ............................... . ...... Federal Award Identification Number (FAIN): . ...................................... ................................ ................ . ..... N/A (CDBG Multiple Years Rollover Funds) Federal Award Date:Funds) ----------- . . . ...o„., ............................................... Subaward Period of Performance Start and End Date Start Upon Execution End 09/30/2023 ............. Federal Award Budget Period Start and End022 ........... . . ........ End. 09/30/2023 Amount of Federal Funds obligated by this action by the $504,000.00 Pass -Through Entity to the NON-PROFIT DEVELOPER: Total Amount of Federal Funds Obligated to the N 0 N PROFIT DEVELOPER by the Pass -Through Entity 1$50400000 including the current financial obligation: ......... ......... .. .. . ............... . . . ........... . ....... ........ .... . Total Amount of the Federal Award committed to the . ..... . $504,000,00 NON -PRO .. . .FIT DEVELOPER by the Pass -Through Entity: .. . ................ . .. .. . ........................................................................................ . . . ......... . Federal subaward Project Description: Acquisition of Real Property for an Elderly Rental Housing Program through a Community Based Development Organization (the "NOW . . ..... . . ........... PROFIT DEVELOPER”, ) -11-1111-1 — — -- _ . . ........ ... Name of Federal Awarding Agency: U.S. Department of Housing and Urban .... ...... ----1-11 Development ...............---------------- Name of Pass -Through Entity: — " . ............ City of Boynton Beach ..... ........ ............... . . ... . .... .......... Pass -Through Entity's Awarding Official Contact . ....... Name: Dan Dugger, City Manager Information: Email: D u Phone: 561-742-6010 CFDA Number and Name: . ......... .. . — — - -------- Number: 14,228 .................. Name: Community Development Block Grant . . Is the Subaward R&D related?: --- - — - - ---------------- ........ No - -- — --------------- --- Is there an indirect cost rate for the Subaward?: — No Requirements ofthe Federal Award im. posed on the . . . . ................ ____ . . ................. . .... Yes, see the terms of the Agreement and NON-PROFIT DEVELOPER?: attached exhibits and forms, Are there any additional requirements imposed on NON- OWPROFIT . ......... . . . ........ . . ........ PROFITDEVELOPER in order for the Pass -Through Yes, see the terms of the Agreement and Entity to meet its own reporting responsibilities to the attached exhibits and forms. Federal Awarding Agency?: . .. .. . . . ......... . . .. .. ............ .. .................. — ------------------- Is there a requirement that the NON-PROFIT DEVELOPER must permit the Pass -Through Entity and . . ........ Yes see: Article 14 ("Maintenance, auditors to have access to the NON-PROFIT Retention, and Access to Records") and DEVELOPER's records and financial statements?:Article 16 ("Audit Requirements"), ..... .... Are there appropriate terms and conditions concerning .... . . __ ........ Yes, see: Article 13 ("Progress Reporting closeout of the Subaward?: ........ .................. . .... . and Subaward Closeout") �� . ..... Community Development Block Grant Subaward Agreement — Exhibit A City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page I of 1 388 L-1*161 01:1&01 * A. Scope of Services In support of the City's objectives in permanently expanding the affordable housing stock within the City of Boynton Beach, while also addressing the continuing economic impacts of the COVI[)_19 pandemic, the NON-PROFIT DEVELOPER shall use the CDBG funds awarded pursuant to this Agreement, toward the acquisition and purchase four (4) one -bedroom units, to assist with providing affordable rental housing in the City to households, with at least one member 62 years and older; and whose incomes is at or below 80% of the current Area Median Income (AMI), as published annually by the U.S. Department of Housing and Urban Development (HUD), CDBG funds shall be provided for acquisition and purchasing activities only (inclusive of all soft costs and closing) and excludes any repair, and rehabilitation of the Property which NON-PROFIT DEVELOPER may conduct and paid as part of NON-PROFIT DEVELOPER contribution as set forth in Exhibit C. The NON-PROFIT DEVELOPER will rehabilitate and rent the completed units to eligible families meeting the affordability requirements as provided in 24 CFR 92,252 within 12 months after the rehabilitation of the property is completed. The NON-PROFIT DEVELOPER must submit to the Community Improvement Manager a project schedule showing that the CDBG-assisted houses will be rehabilitated and rented within 12 months. B. Acquisition of Property It is understood that the NON-PROFIT DEVELOPER is purchasing the Property to provide affordable housing and the scope of this Subaward is to support NON-PROFIT DEVELOPER in its purchase of the Property. Regardless of the nature or amount of the investment of CDBG funds for purchase of the Property, the Property shall not be acquired for an amount which exceeds the most recent appraised value for the Property, plus associated soft costs and closing. Any purchase agreement must be made subject to the completion of an environmental review done and approved by the City's Community Improvement Division. Appraisals to support purchase shall be completed by a qualified appraiser within 30 days after the final offer is made, but no later than August 31, 2023. The appraisal to be furnished should meet all the necessary requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The property acquisition must be made in conformance with federal law and the NON-PROFIT DEVELOPER must disclose the appraisal amount, and the amount of the offer and inform the seller that if the NON-PROFIT DEVELOPER is unable to agree on a purchase price the CITY will not attempt to acquire the property using "eminent domain." The City's Subaward to the NON-PROFIT DEVELOPER for the acquisition of the Property shall be in compliance with the requirements of Item E, below. A Land Use Restriction Agreement (LURA), attached as Attachment 3, shall be executed by the NON-PROFIT DEVELOPER and recorded encumbering the Property at Closing on the Property. The NON-PROFIT DEVELOPER must provide a copy of the recorded LURA, a Purchase and Sale Agreement, and Settlement Statement for acquisition and purchase, to be funded by the City in an amount not exceeding the award as set forth in Exhibit C. Community Development Block Grant Subaward Agreement — Exhibit B City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, 389 Exhibit B Scope of Services The NON-PROFIT DEVELOPER will identify the rental homes/units that will be purchased with CDBG funds. All CDBG-assisted rental homes/units must be selected based on the following criteria: 1. The proximity to public transportation. 2. The proximity to needed commercial centers. 3. The housing unit must be purchased at fair market value C. Use and Maintenance of Property; Affordability Period The NON-PROFIT DEVELOPER agrees to maintain the property and use it as an affordable rental housing for the elderly. The Property acquired with support from the funds received pursuant to this Agreement will continue to be used for eligible households for the defined income limits throughout the affordability period of 25 years as set forth in the LURA, Attachment 3. D. Payment Schedule CDBG funds provided for payment of acquisition costs will be provided in the form of a check or wire transfer, which may be provided at closing upon request by the NON-PROFIT DEVELOPER. This check or wire transfer request should include a letter of request on the NON-PROFIT DEVELOPER's official letterhead accompanied by a purchase and sale agreement and settlement statement with name of the buyer (NON-PROFIT DEVELOPER) and the seller, property location, all settlement costs, a copy of the property appraisal, property insurance and flood insurance certification (if applicable), and title insurance to the property, and wire instructions. The settlement statement shall clearly delineate, by individual line, the City's portion of costs to be funded. This must be submitted to the City with all required closing information within fifteen (15) days prior to closing so the funds are to be paid at closing. E. Timely Expenditure of Funds Time is of the essence on the use and expenditure of CDBG funds. As such, all CDBG funds as part of this Agreement must be expended at minimum in the following matter: 100% by September 30, 2023. In the event that the NON-PROFIT DEVELOPER fails to meet the approved expenditure deadlines or performance measures, the City may enforce any provisions afforded to it as referenced in Article 21: Remedies for Noncompliance. F. Performance Measures The NON-PROFIT DEVELOPER shall use the CDBG funds for the acquisition of the Property. The NON-PROFIT DEVELOPER shall fund any additional costs, which may include rehabilitation, repair, and construction. The Property must meet all state and local property maintenance and building codes, The NON-PROFIT DEVELOPER will qualify and rent the units to eligible tenants whose income are at or below 80% AMI. The NON-PROFIT DEVELOPER will submit to the Community Improvement Manager a project schedule showing that the CDBG-assisted houses will be rehabilitated and rented within 12 months. G. Project Publicity In order to advance City's interest for public awareness and community engagement, NON-PROFIT DEVELOPER shall ensure that any news release or other type of publicity pertaining to the project as stated Community Development Block Grant Subaward Agreement — Exhibit B City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 390 Exhibit B Scope of Services herein must recognize the "City of Boynton Beach" as the recipient funded by the U.S. Department of Housing and Urban Development and the entity that provided funds for the project. H. Rehabilitation Standards The NON-PROFIT DEVELOPER will carry out the rehabilitation of the CDBG-assisted properties in compliance with the rehabilitation standards established and approved by HUD, the CITY and other applicable laws, codes, and requirements relating to housing safety, quality and habitability, in order rent the properties. 1. Environmental Review All homes/urRs to be rehabilitated must undergo an environmental review and the file documented prior to any commitment of funds. City staff will prepare the environmental review checklist. An environmental review consists of a statutory checklist of required review items and a request to the Florida State Historic Preservation Officer (SHPO) for a review of historical significance and its impact on the rehabilitation of houses that are 45 years old or more. City staff will submit a description, maps, and photographs of the house to the SHPO. Properties with environmental conditions will not be permitted to proceed under housing activities unless the condition is corrected. No work can start on a site until the environmental review is complete and approved. J. Lead -Based Paint The NON-PROFIT DEVELOPER agrees that the rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.487 or 24 CFR 570.608, and 24 CFR Part 35, Subpart B (Lead Based Paint Poisoning Preventive Act). Such regulations pertain to all CDBG-assisted housing and require that all owners, Prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment, and/or abatement may be conducted. Documentation shall be retained in the files for compliance with the above statement. K. Affordability Period Requirements The parties understand and agree that the Project is designed to increase the number of affordable rental housing units for seniors in the CITY. To ensure affordability, housing units provided for in this Agreement must meet the affordability requirements as provided in 24 CFR 92.252. Accordingly, the period that the units must remain affordable must not be less than 25 years. The affordability period is calculated from the date of initial occupancy. The affordability requirements apply without regard to the term of any loan or mortgage. L. Rental of the Property and Participant Eligibility NON-PROFIT DEVELOPER will to rent the CDBG-assisted Home to Eligible Families with an elderly individual 62 years or older whose income does not exceed 80% of the Area Median Income (AMI) adjusted ry Community Development Block Grant Subaward Agreement — Exhibit B City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 391 Exhibit B Scope of Services to household size. An approved lease form must be executed with the tenant by the NON-PROFIT DEVELOPER with a term no less than one year. The NON-PROFIT DEVELOPER will review each household's income eligibility on an annual basis. M. Meeting a National Objective Within 30 days of the rental of the units to an eligible family, the NON-PROFIT DEVELOPER must submit all records required under this Agreement including tenant's application and Income Certification to verify that the project has met a CDBG National Objective in accordance with 24 CFR 570.208 (a)(3). N. Use of Real Property and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall comply with the following requirements, Real property under the NON-PROFIT DEVELOPER'S control that was acquired or improved, in whole or in park, with CDBG funds under this Agreement shall be used in accordance with the CDBG reuse and continued affordability requirements. If the NOW PROFIT DEVELOPER fails to use CDBG-assisted real property in a manner that meets CDBG eligibility, affordability, and benefit requirements within and for the prescribed period of time, the NON-PROFIT DEVELOPER shall comply with the applicable sections under 24 CFR 570,503, 570.504, and 570.505. Any real property within the NON-PROFIT DEVELOPER control that is acquired or improved in whole or part with CDBG funds in excess of $25,000 must adhere to CDBG Regulations at 24 CFR 570.505. 2. If the NON-PROFIT DEVELOPER declares bankruptcy or closes operations for any reason, all assets including real property and equipment which were acquired, in whole or in part, with CDBG funds under this Agreement shall revert back to the CITY (prorated to reflect the extent to which funds received under this Agreement were used to acquire the asset), Equipment and real property not needed by the NON-PROFIT DEVELOPER for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee an amount equal to the current fair market value of the equipment or real property less the percentage of non-CDBG funds used to acquire the real property or equipment. 3. The parties further agree that the CITY may use purchase options, right of first refusal, or other preemptive rights to purchase the real property before foreclosure or deed in lieu of foreclosure to preserve affordability. Community Development Block Grant Subaward Agreement-- Exhibit B City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 392 aa� Based on the Scope of Services as set forth in Exhibit B, below is the established budget and activities for this Agreement: .... . ........ . . ............. ;,,,,; ....................... Pfq1!eSt,Phase ................. Fund4 CDBG Fundsf• 9,isition 0s W-11 I Totals All reimbursement requests must be supported by an appropriate level of expense documentation and progress reporting clearly demonstrating that the applicable progress threshold for the request has been achieved on the project. All requests for reimbursement shall adhere to the standards set forth in Article 10: Reimbursement Requests and Article 11: Payment Terms. Failure for NON-PROFIT DEVELOPER to adhere to these standards may result in delay of payment and / or disallowance of funding. Total Estimated Project Cost: $629,750.00 11,11101ci:i • Estimated Acquisition cost • Estimated Closing Cost • Estimated Insurance • Estimated Renovation cost • Total $ 550,000-00 (4 units) $ 19,250.00 (@ 3.5% of Purchase Price) $ 12,500.00 (@ $2,500/unit) $ 48,000.00 (@ $12,000/unit) $ 629,750.00 $125,750,00 Community Development Block Grant Subaward Agreement – Exhibit C City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page I of I 393 The following are hereby incorporated into this "Attachment V (insurance Advisory Form) by reference - City of Boynton Beach �J,r&Fe, j, 1 , A I I ... -1 I lolm :%jla _ ff-'11"T gfg; I Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured, This is done by providing a Certificate of Insurance listing the City as "Certificatel-lolder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted," Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher, (N07E: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list isnot allinclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Promises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Umbrella Form Worker's Compensation Statutory Limits ------------------------------------ General Aggregate --------------- - $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $50,000,00 Med. Expense (any one person) $5,000.00 Aggregate - $1,000,000.00 - --------------------------- ----------- ----------------- Combined Single Limit $ 1,000,000.00 Each Occurrence to be determined Aggregate to be determined Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000m ------------------------------------------------------------------------------------------------------------------------------------------------- Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit $ 300,000.00 Builder's Fisk Limits based on Project Cost Installation Floater --------------------------------------------------------------------------------- Limits based on Project cost — --------------------------------------------- Other -As Risk Identified ------------------- to be determined --------------- — ---------------------------- — ------------------------------------------------------------------------- ---------------------------- INSURANCEADVISORYFORM Revised 04/2021 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, 394 The following are hereby incorporated into this "Attachment 2" (Uniform Guidance Contract Provisions) by reference: Note: References to Project herein shall be deemed a reference to the services provided under the contract with NON-PROFIT DEVELOPER by contractor. 2 CFR Part 200 Uniform Guidance Contract Provisions (1) Breach of Contract Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, currently set at $25.0,000 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. (Contracts for more than the simplified acquisition threshold, currently set at $260,000) (2) Termination All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement (Contracts in excess of $10,000). In accordance with 2 CFR 200.341, suspension or termination may occur if the NON-PROFIT DEVELOPER materially fails to comply with any term of this Agreement. The Agreement may also be terminated, by either parties, for convenience in accordance with 2 CFR 200.341, which provides for termination for mutual convenience, or partial termination for specified reasons. (3) Equal Employment Opportunity Required Language 41 CFR §60-1.4(b) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," (30 FR 12319, 12935, 3 CFR Part 1964-1965 Comp., p.339) as amended by Executive Order 11375 of October 13, 1967, entitled "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, entitled "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60.1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 41 C.F.R. Part 60-1.4(b) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor 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, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; 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. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 395 (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor 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 provisions shall not apply to instance 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 the furtherance of an investigation, proceeding, hearing or action, including an investigation conducted by the employer, or is consistent with the contractors' legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The 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. (6) The contractor will furnish all information and reports required by Executive order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 396 (4) Contracted Work Hours and Safety Standards Compliance with Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C, 3702 of the Act, each contractor must 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 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (Construction contracts in excess of $100,000 which involve the employment of mechanics or laborers) 29 C.F.R. § 5.5(b) provides Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements, No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation 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 in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor 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 District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The NON-PROFIT DEVELOPER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section, (3) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 397 (5) Clean Air and Water Contractor must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), Violations must be reported to U.S. Treasury and the Regional Office of the Environmental Protection Agency (EPA) (Contracts, subcontracts, and subgrants of amounts in excess of $150,000) (6) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award.(see•2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3: CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded, Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (Contracts, subcontracts of amounts in excess of $25,000) SEPARATE CERTIFICATION DOCUMENTS INCLUDED ..EQ8_§lGgATURE, (7) Byrd Anti -Lobbying Amendment Compliance with the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) — Contractors that apply or bid for an award of $100,000 or more must file the required certification. 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 member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. SEPARATE CERTIFICATION DQCUMENT INCL411DEQFOR SIGNATURE, (8) Procurement of Recovered Materials The contractor 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 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (9) Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment 2 CFR §200.216; Public Law 115-232, Section 889; 2 CFR §200.471 (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; 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 Telecommunications Equipment or Services (Interim), as used in this clause. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 398 (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) 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 ofany system; (ii) 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 essential component of any system, or as critical technology of any system; (iii) 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 system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, 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 as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or Contract Provisions Guide 28 (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part 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 (d)(2) of this clause to the recipient or NON-PROFIT DEVELOPER, unless elsewhere in this contract are established procedures for reporting the information. (2) The contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 399 (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments (10) Domestic Preference for Procurements (a) As appropriate and to the extent consistent with law, contractor 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 (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all, subcontracts including all contracts and purchase orders for work or products under this contract. ,(b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. (11) Contracting with small and minority businesses, women's business enterprise, and labor surplus area firms (2 CFR §200.321) The contractor, if subcontracts are to be let, must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and, f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in (a) — (e) of this paragraph. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 400 (12) Davis -Bacon and Related Act Requirements (40 U.S.C. 3141-3148; 29 CFR Part 5) When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current. prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal .Awarding agency. The coitract&must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), 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"). The Act provides that each contractor or NON-PROFIT DEVELOPER must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal Awarding agency. Contract Provisions (1) Access and Retention of Records The contractor will make available to the NON-PROFIT DEVELOPER, the City, Office of Inspector General and the Government Accountability Office any documents, papers or other records, including electronic records, of the contractor that are pertinent to this contract, in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such documents. This right also includes timely and reasonable access to the contractor's personnel for the purpose of interview and discussion related to such documents. This right of access shall continue for a period of five years after completion of project and final payment by the NON-PROFIT DEVELOPER, The contractor is required to retain Financial records, supporting documents, statistical records, and all other non -Federal entity records pertinent to this contract and must be retained for a period of five years from the completion of the project and final payment by the NON-PROFIT DEVELOPER, unless any litigation, claim, or audit is started before the expiration of the 5 -year period, in which event, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. The NON-PROFIT DEVELOPER, the City, Office of Inspector General and the Government Accountability Office shall have the right during normal business hours to conduct announced and unannounced onsite and offsite physical visits of Contractors corresponding to the duration of their records retention obligation, (2) Prohibiting Discrimination The contractor agrees to comply, as applicable to this contract, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance; Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 401 ii. The Fair r Housing Act, Title VIII -IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance: iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title 11 of the Americans with 'Disabilities Act of 1990, as amended (42 U.S.C. §§ 121011 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services Provided or made -available by state and, local gpvp'rnments or, instrumentalities or agencies thereto., (3) Publieptions Any publications produced with funds from this contract must display the following language: "This project is being supported, in whole or in pad by the Community Development Block Grant awarded to the City of Boynton Beach, passed through to the Boynton Beach Faith Based Community Development Corporation, Inc. by the U.S. Department of the Housing and Urban Development," (4) Increasing Seat Belt Use The contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees that operate company-owned vehicles, company -rented vehicles, or personally operated vehicles. The contractor is to include this provision in each third -party subcontract providing services under this contract. The terms "company-owned" and "company -leased" refer to vehicles owned or leased either by the Contractor or NON-PROFIT DEVELOPER, (5) Reducing Text Messaging while Driving Contractor is encouraged to adopt and enforce policies that ban text messaging while driving. The contractor is to include this provision in each third -party subcontract providing services under this contract, (6) Compliance with State, Local and Federal Requirements This is an acknowledgement that U.S. Treasury financial assistance may be used to fund all or a portion of the contract. The contractor and all subcontractors must comply will all applicable federal law, regulations, executive orders, U.S. Treasury policies, procedures, and directives. (7) No Obligation by 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. (8) Program Fraud and False or Fraudulent Statements or Related Acts The contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 402 OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 CFR, Part 180 (including the requirement to include a term or condition in all lower tier covered transactions and contracts and subcontracts described in 2 CFR, Part 180, Subpart B) requires that the award is subject to 2 CFR, Part 180 and Treasury's implementing regulation at 31 CFR, Part 19, As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a. Debarred from participation in any federally assisted 'Contract; b. Suspended from participation in any federally assisted Contract; c. Proposed for debarment from. particip3tior Jn any federally assisted Contract; d. Declared ineligible to participate in any federally assisted Contract; e. Voluntarily excluded,from participation in any federally assisted Contract-, or f. Disqualified from participation in ay federally assisted Contract. By signing and submitting this form,, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City. If it is later determined by the City that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 CFR, Part 180, Subpart C, as supplemented by 31 CFR, Part 19, 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 include a provision requiring such compliance in its lower tier covered transactions. Date Print Name of Authorized Official hzzg Title WIM MMM=M� Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 403 CERTIFICATION REGARDING LOBBYING 31 U.S.C. 1352 2 CFR Part 200 Appendix 11 (1) 31 CFR Part 21 The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352(b)(5), 2 CFR Part 200 Appendix 11(1), and 31 CFR Part 21. The undersigned certifies, to the best of his or her knowledge and belief, that: 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any --per30n for influencing or attempting W influenceailofficer or -employee -el an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been,paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all NON-PROFIT DEVELOPERS shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, [Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Print Name & Title of Authorized OfrX.11511" 6 Signature of Authorized Official Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, 404 Attachment 3 THIS INSTRUMENT PREPARED BY AND RETURN TO: Attn: City Attorney's Office City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 LAND USE RESTRICTION AGREE?AENT This Agreement is made and entered into this day . .. . ... I I„ 20_, by and between the City of Boynton Beach, a Florida Municipaj Corporation (Hereinafter the CITY) and Boynton Beach Faith Based Community Development Corporation, a Florida not-for-profit corporation (Hereinafter referred to as the "NON-PROFIT DEVELOPER"). WHEREAS, 'the NON-PROFIT DEVELOPER is the current owner of the property located at , more particularly described in Exhibit "A", attached hereto and incorporated herein ("Property"); and WHEREAS, the NON-PROFIT DEVELOPER has agreed to enter into an Agreement with the CITY to maintain the property as affordable rental housing far the elderly for at least 25 years, as further provided herein, from date of execution of this Agreement; and WHEREAS, the CITY has determined that continuation of the property as rental housing is clearly necessaryto assure adequate rental housing opportunity for low- and moderate -income elderly tenants within the City of Boynton Beach, Florida; and WHEREAS, the Property was acquired in part with U.S. Department of Housing and Urban Development (HUD) — Community Development Block Grant (CDBG) funds and it shall be use in accordance with HUD's affordability requirements; and WHEREAS, in the event the NON-PROFIT DEVELOPER chooses to sell, prepay, or transfer the property during the period oftime this Use Agreement is in effect, it will require as condition that the purchaser shall commit to maintain the property pursuant to the terms of this Agreement; and NOW,, HEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I . The execution and recording of this Agreement shall constitute the CHys approval to use CDBG funds in the amount of $504,000.00. 405 2. The NON-PROFIT DEVELOPER, its successors and assigns, agree that during the period that it owns the Property, the Property shall be maintained as affordable rental housing, meeting the affordability requirements as provided in 24 CFR 92.252, as may be amended, for the elderly (at least one member 62 years and older) whose income is at or below 80% of the current Area Median Income for at least twenty (25) years from date of the initial occupancy of the Property after execution of this Agreement. During such period, should the property be sold or transferred, the new owner shall not utilize project dwelling units for any purpose other than as affordable rental housing, as provided and under the terms herein. 3. The provisions of this Agreement shall be binding upon the NON-PROFIT DEVELOPER and any s6ccessbrs or assigns. 4. The provisions of this Agreement relating to the rental use of the property shall run with the land and shall be binding for the benefit of, in favor of and enforceable by the CITY. The CITY shall be entitled to (a) institute legal action to enforce performance and observance of, (b) enjoin any actions 'which are violative of, and (c) exercise any other legal or equitable right or remedy with respect to such .provisions. These rights and remedies will be exercised separately or in combination. Any failure by the CITY to enforce, this Declaration shall not be deemed a waiver of the right to do so thereafter. 5. Except as otherwise provided herein, this Agreement shall not be modified, amended or released as to any portion of the Property except by written instrument, executed by and approved in writing by the City Commission of the City of Boynton Beach. The CITY shall execute a written instrument effectuating and acknowledging such modification, amendment or release. Any amendment, modification or release of this Declaration shall be recorded in the Public Records of Palm Beach County, Florida, at the then owner's sole expense. 6. 1 If any court of competent jurisdiction shall declare any section, paragraph or part of this Agreement invalid or unenforceable, then such judgment or decree shall have no effect On the enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in full force and effect. The agreed upon venue shall be Palm Beach County, Florida. 7. This Declaration shall not become effective and shall not be recorded in the Public Records of Palm Beach County, Florida, until after approval by the City Manager. Q 406 IN WITNESS OF THE FOREGOING, the Parties have, set their hands and seals the day and year written below. DATED this _ day of . ................... . ...... 2022. CITY MANAGER Attest/Authenticatpo: \�j Appqk,d, as i,p Form:','-'��I"' .......... . . City Attorney porate Seal) 407 WITNESSES: Print Print Name: STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH Boynton Beach Faith Based Community Development Corporation, a Florida not-for- profit corporation By: Name: Title: Dated: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, by — . . . ....... as . ..... ............ . of Boynton Beach Faith Based Community Development Corporation, Inc., who is personally known to me or who has produced .roas identification. WITNESS my hand and official seal in the County and State last aforesaid this — day of 2022. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: 408 LEGAL DESCRIPTION 409 Appendix Coversheet Please select one of the choices below. 0 There is no Appendix to this Agreement. There is an Appendix to this Agreement which can be found attached to this "Appendix Coversheet." It is as followed: Appendix Document Title No. A Community Development Block Grant Subaward Agreement — Appendix Coversheet City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 410 I RESOLUTION R22-172 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT 6 AGREEMENTS, WITH BOYNTON BEACH FAITH -BASED 7 COMMUNITY DEVELOPMENT CORPORATION, INC., TO 8 PROVIDE HOUSING RELATED ACTIVITIES; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, on August 16, 2022, the City .Commission approved by a substantial 12 amendment to the Community Development Block Grant Program (CDBG), to reallocate CABG 13 leftover funds from FY 2016, 2017, 2018, 2019, and 2020 to fund public improvement activities; 14 and 15 1 WHEREAS, Staff recommended several activities and based on those 16 recommendations, the City Commission- approved to fund and move forward with the 17 following public improvement activities: Hester Center Improvements, Housing Rehabilitation 18 and Acquisition of Property for Affordable Housing Purposes for Qualifying Households; and 19 WHEREAS, the CDBG's Program purpose is to assist the City of Boynton Beach in 20 meeting the needs of its lower income residents and the activities that are being funded will 21, offer housing related assistance to qualifying households living within the City of Boynton 22 Beach; and 23 WHEREAS, City Staff is recommending that the City Commission approve and 24 authorize the City Manager to sign Community Development Block Grant Subrecipient 25 Agreements, with Boynton Beach Faith -Based Community Development Corporation, Inc., to 26 provide housing related activities. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: 295vgfym 1., The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby .33 approve and authorize the City Manager to sign Community Development Block Grant S:\CAUL,SO\Agreement,;\(')rant,,,lCI)BG - SubRecipient Agreements (reallocation of leflover funds) - Reso.docx I 411 34 Subrecipient Agreements, with Boynton Beach Faith -Based Community Development 35 Corporation, Inc., to provide housing related activities. Copies of the Agreements are attached 36 hereto and incorporated, herein as Exhibits "A" and "B" respectively. 37 Section 3. This Resolution will become effective immediately upon passage. 38 PASSED AND ADOPTED this 6th day of December, 2022, 52 3 511 AT I" ES7'; 5 5 7 Mayle, MRA, Mid- 60 C 61 0)" 62 01 0 cORPo"o '4 63 o64 6 (Corporat(,,�/ 19") 66 < 01 '00e (lilt CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Pen*! Mayor APPR"'� P,VED AS T�) FOR6�f Michael D. Cerullo, Jr. City Attorney ,S:\('A\RF,SOAgrcemetits\Gratits\CDr.iG - SubRecipient Agreements (reallocation of leftover funds) - Reso,docx 9 412 0 Community Development Block Grant (CDBG) Subamamd Agreement between City of Boynton Beach, Florida and Boynton Beach Faith Based Community Development Corporation, inc. for @CDBG subavmerdofanamount not tnexceed $40C\0OQ. 00 from afederal award issued bvU'S.Department of Housing and Urban Development for the specific purpose of Homesteaded Owner -Occupied Limited Rehabilitation for Qualifying Households. SUBAWARD COVERSHEET Article 1'��nd��C��Fum��Kd��m�� ' Agreement... Article2:The Parties ......................................... ............................................. ______.^_______,______ Article 2kNotice ofFederal SWbavVard ....................... -----^^''~-----------'--'-----'----...—�1 Ad��4:Tern�ofAore�[DeAt and SubavvardPeriod ofP�rh�O�an¢�............................... .......... ........... _____..3 Article{iNotice .................. ....................................... .......... ........................................................................ ___. Article 6: SUBREC|pqENT`sQbUoatons and -----------_.._______._____...__.. Article 7'�[��uF��Ai�ndGu Standards ' °^"'==�"''m ~—— Article 8: Property Standards ... ........................... —.... .................................................. ..................... _____.____ Article9:Budget .................................................. ............................................................................................. ___, Article 10: Reimbursement Requests ........................................................................ ................... ........................... Article11: ' -' --------^'—^-------------'—^^-----------`----^----1D Article 12: Return ofFunds ------~'^^--'-----------'''''~'--------^-------^'-----11 Article 13: Progress Reporting and SVbaVvamdCloseout ........................... `...... —..................................................... 12 Article 14. ��t�0t�n �ndAo��to��oor�� ' Maintenance, ' ^^^''---'--------^----'---'---'—.-13 Article 15�� emuin�OM�At� Monitoring" -- ------------`—'^^---------------'----'---'—..'15 Article 16: �AudhReouin�[D�� —' --------------^^~^~------------''----'--'^~----.—.15 Article 17: |n�u[�O�� ' ^^~—.............. ............................. .............. ........................................................................ ...... Article 18:Indemnification, Sovereign Immunity, andLia----------.^----'..—~..----..--19 17 Article 1B:Independent Contractor, Non -Agent gUBREC|P|ENT,andThirdParties.----_.._~._____.__..19 Article 2O� �Confidentia|hv ~............................... ............ .................................. ............................. ..................... ........ Article 21: 2O Remedies � .�� _____._.,^_____________._..,_____^__,____—.--'22 Article22: Termination ............................................................................................... ...... ................. ......................... Article 23��m�r�|�rov�k�no -- � ----------^^'—`~-----------''''^''~----------------.25 Article 24: �Attaohrnents -----------^—'^^-------------'^'~^------^'-------^----27 Article 25' Entire Agreement Community Development Block Subaward Grant Agreement — Coversheet' City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page iVfi 413 Article 1: Standard CDBG Subaward FormAgreement . .. ........ — A. This CDBG Subaward Agreement ("Agreement") is a "Standard CDBG Subaward Form Agreement." Any changes to this standard form shall be noted separately through an amendment to the Agreement which must be separately executed by the parties to this Agreement in order to be binding upon the parties. Article 2: The Parties A. This Agreement is entered into by and between the two parties indicated in the following table: TABLE 1 — THE PARTIES Party #1 Name: City of Boynton Beach (the "City") Entity Type: A Florida Municipal Corporation Principal Address: 100 E. Ocean Avenue Boynton Beach, Florida 33435 Agreement Liaison Name: Dan Dugger, City Manager Email Address: duggerd@bbfl.us Party #2: Name: Boynton Beach Faith Based Community Development Corporation, Inc. a Community Based Development Organization (the "SUBRECIPIENT") Entity Type: 501(c)(3) Not -for -Profit Principal Address: 2191 N Seacrest Blvd. Boynton Beach, FL 33435 Agreement Liaison Name: Keturah Joseph, Executive Director Email Address: kjbbfbcdc@yahoo.com B. The City and the SUBRECIPIENT may unilaterally re -designate their respective agreement liaisons by providing written notice of such change to the other party in accordance with Article 6 ("Notice") of this Agreement. C. Both the City and the SUBRECIPIENT may be individually referred to as "party" or collectively referred to as "parties" in this Agreement. Article 3: Federal Subaward Information A. Subaward Information. The table below provides basic information regarding the underlying subaward pursuant to which this Agreement is being entered. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page I of 30 414 TABLE 2 — SUBAWARD INFORMATION Subaward Project Owner -Occupied Limited Rehabilitation for Qualifying Households Program through a Community Based Development Organization (the Description: SUBRECIPIENT"). Awarding Agency U.S. Department of Housing and Urban Development (the "Federal Description: Awarding Agency") — Community Development Block Grant (the "Federal Award") — City of Boynton Beach (the "Grantee"). Subaward ID No.: Resolution R22 — 099 . .. . . ................. .... I Resolution = Resolution Date: 08/16/2022 212ft B. Federal Subaward Amount. The amount of the underlying subaward is: $400,000.00. C. SUBRECIPIENT Compliance with Federal Subaward. At all times during which the SUBRECIPIENT is performing under this Agreement, the SUBRECIPIENT shall comply with the award terms and conditions of the underlying Federal subaward, as well as with any guidance provided by the Federal Awarding Agency. D. Compliance with the Federal Uniform Guidance. The SUBRECIPIENT shall comply with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the "Uniform Guidance") when meeting its obligations under this Agreement, E. References for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance — or any other applicable federal, state, or local law — that are referenced in this Agreement are referenced for emphasis only. The exclusion of a specific applicable provision of law from this Agreement does not alleviate the SUBRECIPIENT from its obligation to comply with any such applicable provisions. F. By executing this Agreement, the SUBRECIPIENT hereby certifies that it has reviewed 2 CFR Part 200 and any relevant Federal Awarding Agency guidance and that it understands its obligations pursuant to such federal regulations and guidance. G. Federal Subaward Amount. The amount of the Federal Subaward issued pursuant to this Agreement is an amount not to exceed $400,000.00 (the "Subaward"). This Agreement's use of "an amount not to exceed" shall in no way entitle the SUBRECIPIENT to reimbursement or payment of the maximum amount provided unless such reimbursement or payments have been earned by the SUBRECIPIENT in accordance with the terms and provisions of this Agreement. H. Required Information. Any additional information required pursuant to 2 CFR § 200,332 ("Requirements for Pass -Through Entities") may be found in the Required information for Federal Subawards Schedule attached to this Agreement as "Exhibit A." Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 30 415 Article 4: Term of Agreement and Subaward Period of Performance A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the "Effective Date") and shall terminate on: 09/3012023, unless extended or renewed in accordance with the terms of this Agreement. B. Subaward Period of Performance. 1 The "Subaward Period of Performance" is the time during which the SUBRECIPIENT may incur obligations to carry out the work or services authorized under this Agreement. The SUBRECIPIENT may not invoice for any work completed, or services rendered, outside of the Subaward Period of Performance. This provision is required pursuant to 2 CFR § 200.332(a)(1)(v). 2. The Subaward Period of Performance of this Agreement is: UPON EXECUTION to 9/30/2023. Article 5: Notice Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be deemed effective as of date of receipt. TABLE 3 — NOTICE City of Boynton Beach Attn: Dan Dugger, City Manager To the City: City Manager's Office, 4th. Floor 100 E. Ocean Avenue Boynton Beach, Florida 33435 To the SUBRECIPIENT: Boynton Beach Faith Based Community Development Corporation, Inc. Attn: Keturah Joseph, Executive Director 2191 N. Seacrest Blvd. Boynton Beach, Florida 33435 Article 6: SUBRECIPIENT's Obligations and Responsibilities Q;Pgpjggg� — A. Scope of Services. The SUBRECIPIENT shall be responsible for meeting the objectives of this Subaward, as detailed in the Scope of Services attached to this Agreement as "Exhibit B11, in a manner that is deemed satisfactory by the City and consistent with the standards set forth in this Agreement, the Federal Award, and any directives or guidance issued by the Federal Awarding Agency. 2. The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize funds provided pursuant to this Agreement for any activity or purpose not included in, or in conformance with, the Scope of Services. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 3 of 30 416 B. SUBRECIPIENT's Agreement Liaison. The SUBRECIPIENT's agreement liaison identified in TABLE I — THE PARTIES, or as re -designated pursuant to Article 2, Paragraph B above, shall be available to communicate and meet with the City's agreement liaison and relevant City staff in order to review the SUBRECIPIENT's performance pursuant to this Agreement. The City reserves the right to, at no additional cost to the C ' ity, require that the SUBRECIPIENT change its agreement liaison if the City's agreement liaison believes doing so best serves the performance or objectives of the Subaward, or this Agreement, C. Licenses and Approvals. The SUBRECIPIENT hereby represents and warrants that it has and will continue to maintain all licenses, insurances and approvals required to meet its obligations under the Scope of Services, and that it will at all times conduct its activities in a reputable manner. Proof of such licenses, insurances and approvals shall be submitted to the City within three (3) business days upon request. Failure by the City to request such proof of licensure, insurance and approvals shall in no manner be construed as alleviating the SUBRECIPIENT's obligations pursuant to Paragraph C of this Article, nor shall it be construed as shifting or imposing any liability onto the City. D. Employees of the SUBRECIPIENT. 1 Skillful Provision of Services. All services or work provided pursuant to this Agreement shall be performed by the employees, volunteers, associates, or agents of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) in a professional and skillful manner, 2. Employee Licensure. Any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) whose performance under this Agreement requires licensure shall have such valid and active licensure for the full duration of their performance under this Agreement. 3. Removal of Employees. The City may require the SUBRECIPIENT to remove any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) that the City's agreement liaison — using their sole discretion — deems to be incompetent, careless, or otherwise objectionable from performing work or services related to this Agreement. The City shall not be responsible for any costs related to such removal. 4. E -Verify Use and Registration Certification. Pursuant to Section 448.095, Florida Statutes, the SUBRECIPIENT must certify that it is registered with, and uses, the E -Verify system to verify the work authorization status of all newly hired employees. The SUBRECIPIENT must further certify that it does not employ, contract with, or subcontract with an unauthorized alien, and shall provide an affidavit affirming this prior to the effective date of the contract. These certifications shall be provided by use of the E -Verify Use and Registration Certification found attached to this Agreement as "Form 2". Violation of s. 448.095, Florida Statutes, may result in the Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement. E. Non -Discrimination. The SUBRECIPIENT shall, at no time during the provision of services funded through this Agreement, discriminate based on race, color, religion, national origin, sex, or sexual orientation, 2. The SUBRECIPIENT shall comply with any and ail federal, state, and local anti -discrimination laws, rules, and regulations. For further information about the federal anti -discrimination Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 4 of 30 417 requirements for this Agreement, see Attachment 2, ("Federal Award and Contract Terms"). F. Inherently Religious Activities. When expending the Subaward, the SUBRECIPIENT must adhere to the following conditions: 1 The SUBRECIPIENT must not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of its provision of the services funded in whole or in part by the Subaward: 2. Such inherently religious activities must be offered separately, in time or location, from the Subaward-funded services; and 3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries of the Subaward-funded services; therefore, the SUBRECIPIENT shall not implicitly or explicitly condition receipt of any services funded in whole or part by the Subaward on participation in any inherently religious activities. G. Public Entity Crimes and Scrutinized Companies. 1 By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this Agreement as "Form 3," the SUBRECIPIENT must certify that: a. The SUBRECIPIENT does not meet the definition of "Scrutinized Company" pursuant to Section 215.473, Florida Statutes; and The SUBRECIPIENT — or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management Of the SUBRECIPIENT or an affiliate of the SUBRECIPIENT — has not been convicted of a public entity crime pursuant to Section 287.133(3), Florida Statutes. 2. The City reserves the right of Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement should the SUBRECIPIENT: a. Be found to have falsified its certification in "Form 3"; or Become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to either Section 287.133, Florida Statutes ("Public Entity Crime; Denial or Revocation of the Right to Transact Business with Public Entities") or Section 287.135, Florida Statutes ("Prohibition Against Contracting with Scrutinized Companies") subsequent to entering into this Agreement with the City. Article 7: Procurement and Subcontracting Standards A. Procurement. The SUBRECIPIENT must comply with 2 CFR §§ 200-318-200.327 ("Procurement Standards") and must use such procedures when expending the Subaward where SUBRECIPIENT is conducting its own procurement to satisfy the objectives of this Subaward, as detailed in the Scope of Services, attached as "Exhibit B". Does the SUBRECIPIENT maintain written purchasing procedures in compliance with the aforementioned federal Procurement Standards? "Yes" or "No": Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 5 of 30 418 If "Yes," then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it maintains written purchasing procedures in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and will use such procedures when expending the Subaward. If "No," then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it does not maintain written purchasing procedures that are in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards"). As such, the SUBRECIPIENT hereby agrees to develop and use written purchasing procedures in compliance with the Procurement Standards for expending the Subaward OR agrees to use the City's Purchasing Policy Manual. The City's Purchasing Policy Manual can be obtained by contacting the City's Purchasing Manager at 561-742-6322 or PintoK@bbfl.us B. Simplified Acquisition Threshold. The "Simplified Acquisition Threshold" means the dollar amount below which a non -Federal entity may purchase property or services using small purchase methods. For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00. The Simplified Acquisition Threshold provided for in this Agreement is the one that the SUBRECIPIENT — and any of its sub-SUBRECIPIENTs — must use when making its expenditures of the Subaward. If SUBRECIPIENT is utilizing the City's purchasing procedures, SUBRECIPIENT must use the City's more restrictive (lower) simplified acquisition threshold. C. Subcontracting. Federally Required Contract Provisions and Award Terms and Conditions. The SUBRECIPIENT shall insert the relevant contract provisions and certification documents identified in Appendix 11 of 2 CFR Part 200 ("Contract Provisions for Non -Federal Entity Contracts Under Federal Awards") applicable award terms into all contracts into which it enters while expending the Subaward. The City has provided a copy of such Federal Award and Contract Terms, which are attached as "Attachment 2." 2. Small and Minority Business Enterprises ("MBE"), Women Business Enterprises ("WBE"), and Labor Surplus Area Firms. The SUBRECIPIENT must execute the Small and Minority Business Enterprise ("MBE'), Women Business Enterprise CWBE'), and Labor Surplus Area Firm Certification attached as "Form 4" stating that the SUBRECIPIENT shall take the "Five Affirmative Steps" regarding Small and Minority Business Enterprise, Women Business Enterprises, and Labor Surplus Area Firms in the solicitation and selection of subcontractor(s) or procurements as required by the Federal Government in 2 CFR § 200.321. 3. Engaging in subcontracting, pursuant to this Agreement without complying with the requirements of this article is strictly prohibited. D. Sub-Subawards. Approval by the City. The SUBRECIPIENT shall not issue sub-subawards to any non - Federal entity without first receiving approval from the City. Pass -Through Requirements. a. The SUBRECIPIENT must pass through all obligations of the Federal Award and any placed upon the SUBRECIPIENT under this Agreement to any of its sub- SUBRECIPIENTs through a federally -compliant SUBRECIPIENT agreement. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 6 of 30 419 b. The SUBRECIPIENT must comply with all provisions of 2 CFR § 200.332 ("Requirements for Pass -Through Entities") and any other applicable provisions of the Uniform Guidance when issuing a subaward to a sub-SUBRECIPIENT. E. SUBRECIPIENT/Contractor Determinations. Prior to entering into an agreement with a third -party entity that is in part or in whole funded by the Subaward, the SUBRECIPIENT shall analyze the nature of such agreement pursuant to the provisions of 2 CFR § 200.331 ("SUBRECIPIENT Subcontractor Determinations") to determine which type of relationship and requirements apply. Article 8: Property Standards A. By executing this Agreement, the SUBRECIPIENT hereby certifies that it shall comply with 2 CFR §§ 200.310-200.316 ("Property Standards") and will use -such procedures when handling and managing any supplies, equipment, real estate, or other property procured with any portion of the Subaward. B. The SUBRECIPIENT shall maintain inventory records of all supplies, equipment, real estate, and other property procured with the Subaward and may not to sell, transfer, encumber, or otherwise dispose of any such property without the written permission of the City, in which case the procedure in 2 CFR §§ 200.311 shall be adhered to. Article 9: Budget 1� A. Approved Budget., The City -approved Budget for the Subaward is attached to this Agreement as "Exhibit C" and shall be the basis for which the City provides payment to the SUBRECIPIENT. In General. Requests to amend the Budget contemplated in this Agreement: Must be received by the City no later than forty-five (45) days prior to the expiration Of this Agreement's term; Shall be made prior to the SUBRECIPIENT incurring any expenses that are not expressly provided for in the Budget, and C. Shall be considered and approved at the sole discretion of the City. 2. Informal Budget Amendments. The City's Agreement Liaison noted in TABLE I — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B, may, in writing, informally approve the following types of Budget amendments: a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then the City's agreement liaison may, in writing, informally approve requested amendments to the Budget that: (1) Do not increase the maximum Subaward amount; and (2) Are deemed by the City's Agreement Liaison as being consistent with the Scope of Services attached as "Exhibit B". Non -Discretionary Federal Awards. If the Federal Awarding Agency approved the Budget contemplated in this Agreement, then the City's Agreement Liaison may, in writing, informally approve amendments to the Budget only upon receipt of written Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 7 of 30 420 approval of such amendments by the Federal Awarding Agency. 3. Formal Budget Amendments. Budget amendments that do not meet either requirement of Paragraph B of this Article may not be informally amended by the City's Agreement Liaison and, instead, must be made by formal written amendment mutually executed by both parties to this Agreement. C. Program Income. 2 CFR § 200.1 ("Definitions"), defines "Program Income" as gross income earned by the SUBRECIPIENT that is directly generated by a supported activity or earned as a result of the Subaward during the Subaward Period of Performance. Program Income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under the Subaward, the sale of commodities or items fabricated under the Subaward, license fees and royalties on patents and copyrights, and principal and interest on loans made with Subaward Funds. Interest earned on advances of the Subaward is not program income. Except as otherwise provided, Program Income does not include rebates, credits, discounts, and interest earned on any of those items. 2. In the event that the SUBRECIPIENT generates Program Income, unless otherwise directed by the City, in compliance with 2 CFR § 200.307(e)(1) ("Program Income"), the SUBRECIPIENT shall: a. Calculate, document, and record such Program Income and its intended use or uses; b. Report such Program Income to the City as part of the required Progress Report, pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant to Article 13, Paragraph C.; Add the Program Income to the Subaward and use for continued activities related to the purposes and conditions of this Subaward. Article 10: Reimbursement Requests A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual funding -eligible costs as permitted by this Agreement. In orderto obtain payment, the SUBRECIPIENT shall make funding -eligible expenditures and thereafter submit a "Reimbursement Request(s)" to the City for such expenditures pursuant to the terms found in this Article. B. Form of Reimbursement Requests. All Reimbursement Requests shall clearly indicate the budget category from which each request is drawing. C. Minimum Standards for Reimbursement Requests. At minimum, all Reimbursement Requests submitted by the SUBRECIPIENT must: Include enough detail so that the City is able to confirm that the SUBRECIPIENT has only requested reimbursement of funding -eligible expenses that were incurred by the SUBRECIPIENT in compliance with the terms of this Agreement. 2. Includes a dated cover letter of the SUBRECIPIENT's organization, with a description defining Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 8 of 30 421 the period of performance dates which it is has incurred eligible expenses that is now being requested for reimbursement, 3. If the Budget attached as "Exhibit C" has line -items or funding categories, indicate which line - item or funding category under which each funding -eligible cost is being requested for reimbursement. 4. Pursuant to 2 CFR § 200.415(a) ("Required Certifications"), include the following federally required attestation executed by an individual that is able to legally authorized to do so by the SUBRECIPIENT: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal Award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." 5. By executing this Agreement, the SUBRECIPIENT hereby affirms that it understands that the above are minimum standards for invoices only and are not meant to represent an exhaustive list of what the City's Agreement Liaison may request or require in order to consider a Reimbursement Request complete or to approve such request for reimbursement. D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the Scope of Services attached to this Agreement as "Exhibit B", which hereby supersedes the frequency and due date for Reimbursement Requests noted in this provision if there is a conflict between the two, invoices are due as followed: General Reimbursement Requests. The period for submission of General Reimbursement Requests shall be monthly with such invoices due to the City by the 15th of the month subsequent to the provision of services for which the City is being invoiced. Should the SUBRECIPIENT fail to timely submit its General Reimbursement Request for any particular month, it accepts the risk that the City may choose not to provide reimbursement for any expenses the SUBRECIPIENT incurred during such month. 2. Initial Reimbursement Request. a. If the Subaward Period of Performance began on a date prior to the execution of this Agreement, the SUBRECIPIENT shall submit an Initial Reimbursement Request that covers all funding -eligible expenses for the period of time beginning on the first day of the Subaward Period of Performance (for this Agreement: UPON EXECUTION) and ending on the date of execution of this Agreement. This Initial Reimbursement Request shall be submitted no later than the date that the first General Reimbursement Request is due to the City. b. This Initial Reimbursement Request shall not be required if the Subaward Period of Performance and date of execution of this Agreement occur in the same month. If such occurs, the first General Reimbursement Request may include all expenses made for that month. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 9 of 30 422 3. Final Invoices. Final Invoices shall be due to the City no later than thirty (15) calendar days after the expiration or termination of this Agreement or last date of eligible expenditures by the SUBRECIPIENT, whichever the earlier of the dates. 4. Performance Period with No Expenses. In periods where eligible expenses have not been incurred by the SUBRECIPIENT, the SUBRECIPIENT is not required to submit a General or Initial Reimbursement Request for zero dollars. However, the SUBRECIPIENT may still be required to submit a Progress Report over this same period in accordance with Article 13. E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to withhold or deny payment on any Reimbursement Request if such request: 1 Is incomplete or fails to provide the requisite supporting documentation; 2. Fails to be provided in a timely fashion as determined by the terms of this Agreement; or 3. Indicates expenditures that are not compliant with this Agreement, the Federal Award, or any directives issued by the Federal Awarding Agency. Article 11: Payment Terms A. Local Government Prompt Payment Act. The City shall make payments to the SUBRECIPIENT on a reimbursement basis for work performed, or services provided, pursuant to this Agreement, in accordance with the Local Government Prompt Payment Act, Section 218.70 et. Seq, Florida Statutes. B. Federal Funding Availability. The City is only responsible for payments to the SUBRECIPIENT for which the City is provided funding by the Federal Awarding Agency. If the Federal Awarding Agency determines that a specific cost or expense requested by the SUBRECIPIENT is not permitted to be reimbursed under the terms and conditions of the Federal Award, the City shall not be responsible for making payment to the SUBRECIPIENT for that specific requested cost or expense. Should the Federal Awarding Agency withhold or deny funding to the City for any reason, the City may subsequently withhold or deny funding to the SUBRECIPIENT. C. Payment Limitations. The City shall not make payments for, or in any way be responsible for, payment to the SUBRECIPIENT for any of the following: Any goods or services provided that do not fall within the Scope of Services attached as "Exhibit B"; Any goods or services that fall within the attached Scope of Services, but that such payment can be made through a third -party program or insurance provider D. Prohibition on Duplicative Funding. The SUBRECIPIENT may not accept duplicate funding for any cost, position, service, or deliverable funded by the Federal Award. Duplicative funding is defined as more than one -hundred percent (100%) payment from all funding sources for any cost, position, service, or deliverable. If duplicate funding is discovered, this Agreement may be suspended while the extent of the overpayment is determined, or may be terminated. Such suspension or termination may be initiated at the sole discretion of the City. E. Costs in Excess of Award. Any costs or expenses incurred by the SUBRECIPIENT that exceed the overall Subaward amount set forth in this Agreement, or which are were incurred by the SUBRECIPIENT outside of the Subaward Period of Performance, shall be the sole responsibility of the SUBRECIPIENT. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 10 of 30 423 F. At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or any non -Federal Award monies to make payment to the SUBRECIPIENT for any costs or expenses incurred by the SUBRECIPIENT pursuant or related to this Agreement or the Federal Award. Article 12: Return of Funds A. Unauthorized Expenditures. The SUBRECIPIENT shall reimburse the City for all unauthorized or funding -ineligible expenditures, B. Payment(s) in Error, The SUBRECIPIENT shall return to the City any payments made to the SUBRECIPIENT that were made in error or were in any manner fraudulent or inconsistent with the Scope of Services attached as "Exhibit B" or the Federal Award ("Payment(s) in Error"). 1 In the event that the SUBRECIPIENT, or any outside accountant or auditor, determines that a Payment in Error was made, the SUBRECIPIENT shall return to the City any associated funds no later than ten (10) business days from when the SUBRECIPIENT became aware of such Payment in Error. 2. In the event that the City discovers a Payment in Error, the City shall notify the SUBRECIPIENT and the SUBRECIPIENT shall return any, associated funds to the City no later than ten (10) business days from the SUBRECIPIENT's receipt of such notice. C. Federal Disallowance(s). If the Federal Government demands reimbursement from the City due to a disallowance or finding that an expense or cost for which the City provided Subaward funding to the SUBRECIPIENT was in any way improper or not in compliance with the Federal Award, the SUBRECIPIENT shall return any associated funds to the City within a reasonable time period as mutually agreed upon by the City and the SUBRECIPIENT, or within six (6) months, whichever is the later of the dates. D. Delay or Failure to Return Funds. Should the SUBRECIPIENT fail to reimburse the City for any Payment in Error or Federal Disallowance within the time designated, the City may respond with any number of the following actions: 1 Charge an interest rate as determined by the State of Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance thereof. Interest shall accrue from the date of the SUBRECIPIENT's initial receipt of overpayment funds up to the date of reimbursement of said overpayment funds to the City; 2. Withhold any or all future payments until the amount of such overpayment has been recovered by the City; 3. Terminate this Agreement; 4. Bar the SUBRECIPIENT from being considered when issuing future Federal Subawards or other City agreements; and 5. Pursue any other remedies permitted by law. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 11 of 30 424 Article 13: Progress Reporting and Subaward Closeout A. Progress Reporting 1 Form of Progress Reports. "Progress Report(s)" shall be delivered to the City on a form approved by the City's agreement liaison noted in TABLE 1 — THE PARTIES, or as later re- designated pursuant to Article 2, Paragraph B. 2. Minimum Standards for Progress Reports. At minimum, such Progress Reports must detail the outputs, outcomes, and progress the SUBRECIPIENT has made in accomplishing the objectives of the Scope of Services attached as "Exhibit B." Further, in the event any Program Income has been earned over the period, SUBRECIPIENT will report on the Program Income ea•med and expended to include whether it was related to the purposes and conditions of this Subaward. The City reserves the right to reasonably and unilaterally revise such approved form and request any additional supporting documentation from the SUBRECIPIENT as it deems necessary to meet its federal reporting requirements and monitoring obligations. 3. Progress Report Frequency and Due Dates. Unless otherwise stated in the Scope of Services, which hereby overwrites the frequency and due date of Progress Reports noted in this provision if there is a conflict between the two, Progress Reports shall be submitted on a monthly basis and are due by the 1 V of the month subsequent to the provision of services of which the SUBRECIPIENT is reporting. 4. Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the required Progress Reports in accordance with this Article may necessitate the City's withholding of payment on any subsequent Reimbursement Requests and shall be considered cause for termination by the City pursuant to the terms of termination in this Agreement. B. Annual Reporting Information. SUBRECIPIENT shall, upon request by the City's Agreement Liaison or designee, make available SUBRECIPIENT data and other information related to the Scope of Services. This information will assist the City in its annual reporting obligation to the Federal Awarding Agency by September 30 of each year and will also be published on the City's Consolidated Annual Performance and Evaluation Report (CAPER), Information requested will be related to overall performance, program outcomes and impacts, and program approaches related to promoting equitable outcomes in the delivery of services. All financial, performance, and other reports as required by the terms of this Subaward must be submitted to the City no later than (15) days after the end date of the Subaward Period of Performance, 2. Any earned and expended Program Income generated as a result of this Subaward must be calculated and documented with justification on its uses related to the purposes and conditions of the Subaward to the City no later than (15) days after the end date of the Subaward Period of Performance. 3. The closeout of the Federal Award, or this Subaward, does not affect any of the following: a. The right of the Federal Awarding Agency or the City to disallow costs and recover funds on the basis of a later audit or other review. The Federal Awarding Agency or Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 12 of 30 425 City must make any cost disallowance determination and notify the SUBRECIPIENT within the record retention period. The requirement for the SUBRECIPIENT to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. C. The ability of the Federal Awarding Agency to make financial adjustments to a previously closed award such as resolving indirect cost payments and making final payments. d. Audit requirements in 2 CFR Part 200, Subpart F. e. Property management and*disposition requirements in §§ 200.310 through 200.316 of 2 CFR Part 200. Records retention as required in §§ 200.334 through 200,337 of 2 CFR Part 200. 4. After closeout of the Federal Award, or this Subaward, a relationship created under the Federal Award, or this Subaward, may be modified or ended in whole or in part with the consent of the Federal Awarding Agency or the City and the SUBRECIPIENT, provided the responsibilities of the SUBRECIPIENT, including those for property management as applicable, are considered and provisions made for continuing responsibilities of the SUBRECIPIENT, as appropriate. Article 14: Maintenance, Retention, and Access to Records A. The SUBRECIPIENT, and its subcontractors (if any) that are providing services or otherwise performing pursuant to this Agreement shall abide by the requirements of this Article. The SUBRECIPIENT shall establish and utilize generally accepted accounting principles in the maintenance of all records relating to this Agreement. Such practices shall comply with the general acceptable accounting principles and shall fully and accurately reflect, track, and document the SUBRECIPIENT's financial activities. 2. The SUBRECIPIENT shall establish and maintain separate accounting records for the SUBRECIPIENT's activities in meeting its obligations pursuant to this Agreement with sufficient documentation to identify the associated expenditures (e.g. detailed invoices, cancelled checks, payroll journals, bank statement reconciliations, etc.) and establish that such expenditures are allowable, necessary, and reasonable under this Agreement, the Federal Award, and any directives issued by the Federal Awarding Agency. The SUBRECIPIENT shall furnish the City with any and all data needed for the purpose of monitoring, evaluation, auditing, and quality assurance. This data shall include information on the services provided or work performed, and any other data that may be required by the City, in its sole discretion, to adequately evaluate the SUBRECIPIENT's performance under this Agreement. 4. All records that were created, utilized, or maintained for the purpose of fulfilment of the SUBRECIPIENT's obligations pursuant to this Agreement, whether paper or electronic ("Relevant Records"), shall be retained by the respective record holder for a period of five (5) years after termination of this Agreement, including any extensions or renewals of this Agreement. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 13 of 30 426 5. In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a period of five (5) years after the resolution of any such event. 6. The SUBRECIPIENT shall permit the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives to access, review, or reproduce any and all Relevant Records, 7. If the Scope of Services in "Exhibit 13" is site-specific, or construction -related, access to the stated construction or work site shall be provided to the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives. 8. The SUBRECIPIENT shall ensure that the provisions of this Article are incorporated into any agreements into which it enters that are related to this Agreement and the Federal Award, B. Public Records. Pursuant to Section 119.0701, Florida Statutes, the SUBRECIPIENT shall: a. Keep and maintain public records required by the City to perform the service. b. Upon request from the City, 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 amount set by the Clty. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement's term and following completion of this Agreement if the SUBRECIPIENT does not transfer the records to the City. d. Upon completion, or termination, of this Agreement, transfer, at no cost, to the City all public records in possession of the SUBRECIPIENT or keep and maintain public records required by the SUBRECIPIENT to perform the service in accordance with Florida law. e. If the SUBRECIPIENT transfers all public records to the City upon completion of the Agreement, the SUBRECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SUBRECIPIENT keeps and maintains public 'records upon completion of this Agreement, the SUBRECIPIENT shall meet all applicable requirements for retaining public records in accordance with applicable federal and Florida law, f. All records stored electronically shall be provided to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 14 of 30 427 :4 A 1 CITY CLERK PO BOX 310 BOYNTON BEACH, FL 33436 Phone: 661-742-6061 Email: CITYCLERK@BBFL.US 2. Florida Agencies. If the SUBRECIPIENT is an "Agency" as defined by Section 119.011, Florida Statutes, then the'SUBRECIPIENT shall comply with its own obligations'under Chapter 119, Florida Statutes. The SUBRECIPIENT additionally agrees to cooperate in good faith with the City in the handling of public records created under this Agreement. Notwithstanding anything set forth in any provision of this Agreement to the contrary, the SUBRECIPIENT will not be required to destroy any records in its custody in violation of Chapter 119, Florida Statutes. Article 15: Monitoring Requirements A. Monitoring. The SUBRECIPIENT shall permit the City, the Clerk, or the designees of either such government agency, to periodically monitor the SUBRECIPIENT's performance and programmatic and financial activities, pursuant to the requirements found in 2 CFR § 200.332 ("Requirements for Pass -Through Entities") and any other relevant federal laws, regulations, or guidance. If the City, the Clerk, or the designee of either such government agency, discovers any defect in the SUBRECIPIENT's performance underthis Agreement (whether programmatic, financial, etc.), then a "Letter of Findings" may be provided to the SUBRECIPIENT, 2. The SUBRECIPIENT shall respond to any such Letter of Findings with a Corrective Action Plan and Implementation Schedule, as instructed by the City, the Clerk, or the designee of either such government agency, within thirty (30) calendar days of the date of the Letter of Findings. Failure to submit a Corrective Action Plan and Implementation Schedule shall constitute a material breach and may result in termination of this Agreement. 3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such government agency, to first issue such a "Letter of Findings" to the SUBRECIPIENT prior to the City being permitted to exercise any of its rights in equity, at law, or as otherwise granted through this Agreement, including but not limited to the right to terminate this Agreement. Article 16: Audit Requirements A. Auditing. The SUBRECIPIENT shall comply with the federal auditing requirements found in 2 CFR Subpart F ("Audit Requirements"). B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized designees shall have the right to audit SUBRECIPIENT's: Disbursement of the Subaward; Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 15 of 30 428 2. Service or program delivery; and 3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the Federal Award, C. Mandatory Audit, Certification, and Audited Financial Statement. In determining the federal award amounts expended during its fiscal year, the SUBRECIPIENT shall consider all sources of federal awards including federal resources received from the State or other agencies. 1 If the SUBRECIPIENT expends seven hundred fifty thousand dollars ($750,0oo) or more in federal awards during, its fiscal year, the SUBRECIPIENT must have a single audit completed and conducted in accordance• r with 2 CFR § 200.514 ("Scope of.Audirl)., unless the SUBRECIPIENT elects to have a program -specific audit in accordance with 2 CFR § 200.501(c) ("Audit Requirements"), If the SUBRECIPIENT expends less than seven hundred fifty thousand dollars ($750,000) in federal awards during the fiscal year, the SUBRECIPIENT shall: a. Provide an annual certification to the City that a single audit was not required; and b. Annually submit an Audited Financial Statement to the City. 3. If the SUBRECIPIENT is mandated to have an audit performed due to its expenditure of seven hundred fifty thousand dollars ($750,000) or more in federal awards within one fiscal year, that audit must be completed no later than one -hundred and eighty (180) calendar days after the close of the SUBRECIPIENT's fiscal year. D. Submission of Audits and Audited Financial Statements. The SUBRECIPIENT shall submit to the City any and all auditor's report received by the SUBRECIPIENT related to its obligations under this Agreement within ten (10) business days of receipt. 2. A copy of the Single Audit Reporting Package, including the associated management letter, which was conducted in accordance with 2 CFR § 200.512 ("Report Submission"), or the applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice provision in this Agreement, with a copy provided to the City at the following: City of Boynton Beach Department of Financial Services Attn: Community Improvement Division 100 E Ocean Avenue Boynton Beach, FL 33436 I E. The Federal Audit Clearinghouse. Audits must be submitted to the Federal Audit Clearinghouse either thirty (30) calendar days after receipt of the auditors report, or nine (9) months after the end of the entity's fiscal year end date. Such audits shall be submitted electronically via the following website: UIrLsLe �, ,, ggnphl . . ............... Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 16 of 30 429 F. Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement and may result in the withholding or denial of any requests for payment or reimbursement to the SUBRECIPIENT. Article 17: Insurance A. The SUBRECIPIENT agrees to, on a primary basis and at its sole expense, at all times throughout the duration of this Agreement maintain the following types of insurance coverage with limits and on forms (including endorsements) as described in this Article. These requirements, as well as the City's review or acceptance of insurance maintained by the SUBRECIPIENT is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the SUBRECIPIENT under this Agreement. B. The SUBRECIPIENT shall require and ensure that each of its sub-contractors/consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified in this Article and "Attachment 1" (insurance Advisory Form). C. The SUBRECIPIENT shall have in full force the following insurance coverage, and will provide Certificates of Insurance to the SUBRECIPIENT prior to commencing operations under this Agreement to verify such coverage during the duration of this Agreement: 11 SUBRECIPIENTw. Commercial General Liability — The SUBRECIPIENT shall maintain coverage issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with a limit of liability of not less than one million dollars ($1,000,000) per occurrence, general aggregate, products completed/operations aggregate, and personal advertising Injury; and, all other insurance coverage reasonably required by the City. SUBRECIPIENT furtheragrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insured. The SUBRECIPIENT agrees to endorse the City as an Additional Insured with a CG 20 26 Additional Insured—Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The coverage shall contain no limitations on the scope of protection afforded the City, its officers, officials, employees or volunteers. The certificate holder and additional insured shall be listed in the name of the City of Boynton Beach, Florida, 2. SUBRECIPIENTs Provj#jqRServices _A1.q'r Facilities: Workers' Compensation — The SUBRECIPIENT shall maintain coverage for its employees with statutory workers' compensation limits and no less than one million dollars ($1,000,000) for each incident of bodily injury or disease for Employer's Liability, Said coverage shall include a waiver of subrogation in favor of the City if services are being provided at City facilities. Elective exemptions as defined in Chapter 440, Florida Statutes, will be considered on a case - by -ease basis. Any Agency using an employee leasing arrangement shall complete the Leased Employee Affidavit attached as "Form 6." Business Automobile Liability—The SUBRECIPIENT shall maintain coverage for all owned; non -owned and hired vehicles issued on the most recent version of ISO form as filed for use in Florida or its equivalent, with limits of not less than one million dollars ($1,000,000) per accident. In the event the SUBRECIPIENT does not own automobiles, the SUBRECIPIENT shall maintain coverage for hired and non -owned auto liability, which may be satisfied by way . ............. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 17 of 30 430 of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. 3. SUBRECIPIENTs Prov din gServices to V Inerable o Mations; Sexual Abuse and Molestation Coverage with limits of not less than one hundred thousand dollars ($100,000) per occurrence shall also be included for those programs that provide services directly to Vulnerable Person(s), "Vulnerable Person(s)" are minors as defined in Section 1.01(13), Florida Statutes, or vulnerable adults as defined in Section 415.102, Florida Statutes. 4. SUBRECIPIENTs Professional Liability with a limit of not lessth6n one million dollars ($1,000,000) per wrongful act or claim. For policies written on a claims -made basis, the SUBRECIPIENT agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement. In the event the policy is cancelled, non -renewed, switched to occurrence form or any other event that triggers the right to purchase a Supplemental Extended Reporting Period ("SERP") during the life of this Agreement the SUBRECIPIENT agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the SUBRECIPIENT of the obligation to provide replacement coverage. D. Insurance carriers providing coverage required in this "Insurance" subsection must be authorized or eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial Strength Rating of A -Class VIII. E. Any request for an exception to these insurance requirements must be submitted in writing to the City for approval. F. The SUBRECIPIENT shall provide to the City current certificates of insurance evidencing all required coverage prior to execution and commencement of any operations/services provided under this Agreement. In addition to the certificate(s) of insurance the SUBRECIPIENT shall also provide copies of any applicable endorsements as required above. G. For continuing service contracts, renewal certificates shall be submitted upon request by either the City or its certificate management representative. The certificates shall clearly indicate that the SUBRECIPIENT has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) calendar days prior written notice to the City. Certificates shall specifically reference the respective Agreement number, The certificate holder shall read: City of Boynton Beach, Florida Attention: Risk Management Department 100 E. Ocean Avenue Boynton Beach, FL 33435 H. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes): Paragraphs A — G of this Article are not applicable. However, such paragraphs do apply to any of the SUBRECIPIENT's subcontractors that are not agencies or political subdivisions of the State of Florida and must be included by the SUBRECIPIENT in any such subcontracts. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 18 of 30 431 2. Without waiving its right to sovereign immunity as provided in Section 768.28, Florida Statutes, the SUBRECIPIENT may self -insure its liability with coverage limits of one million Dollars ($1,000,000) per occurrence or such other limited sovereign immunity as set forth by the Florida legislature. A statement of self-insurance shall be provided to the City's Risk Management Department at the address in Paragraph G of this Article. Article 18: Indemnification, Sovereign Immunity, and Liability A. Indemnification. The SUBRECIPIENT agrees to defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the SUBRECIPIENT, its officers, directors, employees, and/or agents relating to the SUBRECIPIENT's performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. B. Sovereign Immunity. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of the City's sovereign immunity provisions or protections pursuant to Section 768.28, Florida Statutes. 2. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768,28(2), Florida Statutes), then Paragraph B.I. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City, C. Liability. Unless otherwise explicitly stated in this Agreement, in no event shall either party be responsible to the other for any indirect damages, incidental damages, consequential damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty, or a breach of term of this Agreement. 2. Without waiving any of the provisions or protections under this Agreement or pursuant to Florida law, under no circumstances shall the City be liable to the SUBRECIPIENT under any contract, negligence, strict liability, or other legal or equitable theory for any amounts in excess of those limits per claim and per occurrence set forth for tort liability in Section 768.28 of the Florida Statutes, which limits are hereby made applicable to all manner of claims against the City related to this Agreement and are not confined to tort liability. D. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph C.2. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. Article 19: Independent Contractor, Non -Agent SUBRECIPIENT, and Third Parties A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is intended to, or should be construed as, creating or establishing the relationship of copartners between the parties, or as constituting the SUBRECIPIENT as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The SUBRECIPIENT is to be, and shall remain, Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 19 of 30 432 an independent contractor with respect to all services performed under this Agreement, and that any individuals hired, or performing services or work, pursuant to this Agreement shall be considered to be the employee of the SUBRECIPIENT for all purposes, including but not limited to for any worker's compensation matters. B. Non -Agent SUBRECIPIENT. The Boynton Beach City Commission has not delegated to any City officer or employee the authority to appoint any agent on the City's behalf regarding the subject matter of this Agreement. Accordingly, nothing in this Agreement is intended to, or shall be construed as to, appoint the SUBRECIPIENT as an agent of the City. Additionally, no review or approval of the SUBRECIPIENT's services, requests for reimbursement, reports, or records by the City may be construed as the City appointing the SUBRECIPIENT as an agent of the City. C. No Third -Party Claims. Nothing in this Agreement, express or implied,'shall confer to a third -party — or be construed as conferring to a third -party in any way — any legal or equitable right, benefit, claim, or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal Government, the City, and the employees and/or contractors of each of the foregoing governments, shall be held harmless from liability to any third parties for claims asserted under this agreement. Article 20: Confidentiality A. Confidentiality. The parties hereby agree to maintain any confidential information transmitted by the other party over the course of this Agreement confidential to the extent that such Confidentiality is lawfully permitted pursuant to Florida or Federal law. 2. The SUBRECIPIENT shall limit disclosure of its Confidential Information to the minimum necessary to properly perform under this Agreement. The SUBRECIPIENT understands that the City is subject to Florida Public Records laws and that information that SUBRECIPIENT may consider Confidential Information may be subject to disclosure absent a statutory exemption. In the event a public records request is made for Confidential Information of SUBRECIPIENT, SUBRECIPIENT shall be responsible for defending its assertion that such records are subject to an exemption from disclosure and shall indemnify the City from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of a public records request for SUBRECIPIENT's Confidential Information where SUBRECIPIENT asserts an exemption to disclosure B. Health Insurance Portability and Accountability Act ("HIPAA11) Generally. If the SUBRECIPIENT meets the definition of "Covered Entity," as defined in 45 CFR § 160.103, or a "Hybrid Entity," as defined in 45 CRF § 164.103, then: a. Before providing any services funded, in whole or in part, through this Agreement that may cause the SUBRECIPIENT to generate Protected Health Information ("PHI") as defined in 45 CFR § 160.103, the SUBRECIPIENT must first obtain legally sufficient medical release authorizations from each individual receiving such services. b. Such required medical release authorizations may be limited in scope; however, they must at least permit the disclosure of any PHI that is in any way related to the Subaward-funded services that individual(s) receive to the City for reporting, monitoring, and auditing purposes. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 20 of 30 433 C. The City hereby reserves the right to deny payment for any costs the SUBRECIPIENT incurs in its provision of otherwise funding -eligible services to any individual(s) for whom it does not have a valid and current medical release authorization as required by this provision. d. Additionally, the SUBRECIPIENT must require any of its subcontractors for which this .provision is applicable to secure such requisite medical release authorizations as well. 2. Business Associate Agreements. Should the SUBRECIPIENT's provision of services under this Agreement require access to PHI generated by the City, then the SUBRECIPIENT must execute a Business Associate Agreement that complies with the standards found in 45 CFR § 164.504(e). C. Florida Information Protection Act (11FIPA11) Pursuant to Section 501.171(g)1., Florida Statutes, "Personal Information" means either of the following: a. An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: (1) A social security number; (2) A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; (3) A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; (4) Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or (5) An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. b. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. 2. If, pursuant to this Agreement, the SUBRECIPIENT is maintaining, storing, or processing personal information on behalf of the City, the SUBRECIPI ENT is the City's "Third -Party Agent" under FIPA and hereby agrees to comply with all obligations for such "Third -Party Agents" as detailed in Section 501.171, Florida Statutes. These obligations include, but are not limited to: a. Taking reasonable measures to protect and secure data in electronic form containing personal information; and b. Providing notice to the City in the event of a breach of security of the SUBRECIPIENT's system as expeditiously as practicable, but no later than ten (10) calendar days following the determination of the breach of security or reason to believe the breach Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 21 of 30 434 occurred. 3. The SUBRECIPIENT shall be responsible and liable for all costs associated with any required notices, fines, or fees assessed against the City for any breach of Personal Information that is the fault of the SUBRECIPIENT. Article 21: Remedies for Noncompliance A. Remedies for Noncompliance. Pursuant to 2 CFR § 200.339 ("Remedies for Noncompliance"), if the SUBRECIPIENT fails to comply with the U.S. Constitution, federal statutes, regulations, or the terms and conditions of a Federal Award or any additional conditions that the Federal Awarding Agency or City may impose, and the Federal Awarding Agency or City determine that such noncompliance cannot be remedied by imposing additional conditions, the Federal Awarding Agency or City may take one or more of the following actions, as appropriate in the circumstances: Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT or more severe enforcement action by the Federal Awarding Agency or City; 2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate this Agreement; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated at the recommendation of the City; 5. Withhold further Federal Awards for the project or program; or 6. Take other remedies that may be legally available. OM M -*411111110= =71 A. Termination for Convenience by the City. Pursuant to 2 CFR Part 200, Appendix 11, Paragraph B, contracts made pursuant to a Federal Award must address termination for convenience by the City including the manner by which it will be effected and the basis for settlement. As such, the City may terminate this Agreement for convenience by providing a written thirty (30) calendar day notice to the SUBRECIPIENT. B. Termination by the SUBRECIPIENT. Pursuant to 2 CFR § 200.340(a)(4), the SUBRECIPIENT may terminate this Agreement upon sending the City written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward was made, the City may terminate the Subaward in its entirety. Additionally, a SUBRECIPIENT's failure to complete performance on a Subaward in the manner initially agreed upon may compromise the SUBRECIPIENT's ability to receive subawards, other grants, or any other contract opportunities from the City in the future. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 22 of 30 435 C. Termination for Cause. Immediate Termination. a. The City reserves the right of "Immediate Termination" of this Agreement, with such termination to be effectuated as of the SUBRECIPIENT's receipt of written notice which may be hand -delivered or transmitted by electronic mail to the SUBRECIPIENT's Agreement Liaison noted in TABLE I — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B. Notwithstanding the foregoing, the City, as a courtesy, may additionally provide the SUBRECIPIENT with such notice in the manner provided in Article 5 ("Notice") of this Agreement, b, Immediate Termination pursuant to this provision shall be permitted for any number of the following reasons' (1) The Federal Awarding Agency terminates the Federal Award; (2) Any circumstance under which the City is no longer receiving Federal Award funds to reimburse the SUBRECIPIENT occurs; (3) The amount invoiced by the SUBRECIPIENT meets or exceeds the amount of the Subaward provided for in this Agreement; (4) The SUBRECIPIENT files bankruptcy or otherwise becomes insolvent; (5) The SUBRECIPIENT is determined to be ineligible to do business in the State of Florida; (6) If the SUBRECIPIENT is a non-profit agency, loss of the SUBRECIPIENT's non-profit status; or (7) As otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. The City may terminate this Agreement for cause upon providing a written fourteen (14) calendar day breach of contract and termination notice. Such termination for cause may be for any material breach of this Agreement, or if the City, using its sole discretion, determines that the SUBRECIPIENT is unable to perform under this Agreement, 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or accept the SUBRECIPIENT's proposed cure if such an opportunity is provided, the City reserves the right to provide the SUBRECIPIENT the opportunity to cure any stated breach. Such opportunity to cure can be used in tandem with, or in lieu of, a Letter of Findings issued in accordance with Article 15 ("Monitoring Requirements") of this Agreement. If the City provides such opportunity to cure, shall: a. Provide the opportunity to cure as a part of the City's breach of contract and termination notice; and b. Allot an appropriate deadline by which the SUBRECIPIENT Must Provide its proposed cure to the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 23 of 30 436 4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the SUBRECIPIENT's damages for such termination, if any, shall be the same as if the City terminated this Agreement for convenience. D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement was due to the SUBRECIPIENT's material failure to comply with the Subaward's terms and conditions, the City reserves the right to report the SUBRECIPIENT to the Federal Awarding Agency so that it may report the termination to the OMB -designated integrity and performance system accessible through the federal System of Award Management ("SAM"). E. In the Event of Termination. After receipt of a notice of termination, except as otherwise directed, the SUBRECIPIENT shall take all of the following actions- : Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the requirements in 2 CFR §§ 200.344 ("Closeout") and 200.345 ("Post -Closeout Adjustments and Continuing Responsibilities"); 2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not yet been recouped by the City (if any); 3. Stop working under this Agreement on the date of receipt of the notice of termination unless otherwise stated in such notice; 4. Place no further orders and enter into no further agreements to the extent that either relate to the performance of the work which was terminated and direct any subcontractors to do the same; 5. Terminate all orders and subcontracts to the extent that they relate to the performance of the work, which was terminated; 6. Finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the date of termination, up to and including the final invoice due at the end of the project without reimbursement beyond that due as of the date of termination for services rendered to the termination date; 7. Take any other actions as reasonably directed in writing by the City. F Payment in Event of Termination. If this Agreement is terminated before performance is completed, whether for convenience or cause, the SUBRECIPIENT shall be paid for the work or services satisfactorily performed. In the event the Agreement is terminated for cause, the City shall be entitled to collect all or part of any funds owed to the City by the SUBRECIPIENT by deduction from the reimbursement or payment amount due the SUBRECIPIENT. No other damages, fees, or costs may be assessed against the City for its termination of the Agreement. G. Force Majeure. The SUBRECIPIENT shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by explosion, war, embargo, government requirement, civil or military authority, pandemic, act of God, or other similar causes beyond the SUBRECIPIENT's control so long as the SUBRECIPIENT's delay Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 24 of 30 437 is not caused by the SUBRECIPIENT's own fault or negligence. Notwithstanding the foregoing, the SUBRECIPIENT cannot claim Force Majeure under this provision for any emergency, exigency, or "Act of God" that is specifically contemplated within the Scope of Services of this Agreement, or which in any way existed at the time this Agreement was executed. 2. The above notwithstanding, in order to claim delay pursuant to this provision, the SUBRECIPIENT shall notify the City in writing within seven (7) business days after the beginning of any such cause that would affect its performance under this Agreement. Failure to notify the City in a timely manner of any claim of Force Majeure made pursuant to this provision is cause for termination of this Agreement. 3. If the SUBRECIPIENT's performance is delayed pursuant to this provision for a period exceeding seven (7) business days from the date the City receives the required Force Majeure notice, the City shall have the right to terminate this Contract thereafter and shall only be liable to the SUBRECIPIENT for any work performed pursuant to this Agreement prior to the date of the City's termination. 4. No other damages, fees, or costs may be assessed against the City for its termination of this Agreement pursuant to this provision. Nothing in this provision shall prevent the City from terminating this Agreement for any purpose otherwise expressly stated in this Agreement. Article 23: General Provisions (Alphabetical) A. Assignments and Successors. The parties deem the services to be rendered pursuant to this Agreement to be personal in nature. Each party binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither party shall assign, sublet, convey, or transfer its interest in this Agreement without the written consent of the other, which consent shall be in the sole determination of the party with the right to consent. B. Attorneys' Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall each bear their own costs, expert fees, attorneys' fees, and other fees incurred in connection with this Agreement and any action or proceeding arising out of or relating to this Agreement (an "Action"), C. Conflicts. The SUBRECIPIENT shall comply with all applicable local, state, and federal laws, regulations, executive orders, and the policies, procedures, and directives of the Federal Awarding Agency, Should there be conflict between the various applicable laws and this Agreement, the most restrictive shall govern. D. Construction and Representations. Each party acknowledges that it has had the opportunity to be -represented by counsel of such party's choice with respect to this Agreement. inview of the foregoing, and notwithstanding any otherwise applicable principles of construction or interpretation, this Agreement shall be deemed to have been drafted jointly by the parties and in the event of any ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied upon any representations or statements made by the other party to this Agreement which are not specifically set forth in this Agreement. E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in counterparts, both of which shall be deemed an original and which taken together shall constitute one agreement. Any counterpart may be delivered by any party by electronic transmission of the full Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 25 of 30 438 Agreement as executed by that party t ' o the other party as mutually agreed upon by the parties, and delivery shall be effective and complete upon completion of such transmission. F. Governing Law. This Agreement shall be considered as having been entered into in the State of Florida and shall be construed and interpreted in accordance with the laws of that state. G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement, including the Table of Contents or Table of Terms and Provisions, are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. H. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any right that party does or might have to a trial by jury related to any Action, Remedies. No remedy conferred upon any party in this Agreement 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 rights, power, or remedy hereunder shall preclude any other or further exercise thereof, Severability. The provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependence is a material inducement for the parties to enter into this Agreement. Therefore, should any material term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. K. Signatory. Each signatory below represents and warrants that he or she has full Power and is duly authorized by their respective party to enter into and perform under this Agreement. Such signatory also represents that he or she has fully reviewed and understands the above conditions and intends to fully abide by the conditions and terms of this Agreement as stated. Survivorship. Those provisions which by their nature are intended to survive the expiration, cancellation, or termination of this Agreement, including, by way of example only, the indemnification and public records provisions, shall survive the expiration, cancellation, or termination of this Agreement. M. Use of City and SUBRECIPIENT Logos. Both parties are prohibited from use of any and all of the other party's emblems, logos, or identifiers without written permission from that party, N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court of competent jurisdiction sifting in Boynton Beach, Florida, regarding any Action, and further agrees that any such Action shall be heard and determined in such Florida federal or state court. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Boynton Beach, Florida. 0, Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 26 of 30 439 any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation, P. Written Modification. No modification of this Agreement shall be binding upon any party to this Agreement unless it is reduced to writing and is signed by a duly authorized representative of each party to this Agreement. 2. Notwithstanding the above subparagraph, the parties hereby recognize that the Federal Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted to unilaterally "pass -down" to the SUBRECIPIENT without formal amendment to this Agreement. 3. The City shall provide notice such unilateral amendments to the SUBRECIPIENT in a timely fashion to both by electronic mail to the SUBRECIPIENT agreement liaison noted in TABLE I — THE PARTIES, or as later re -designated pursuant to Article 2, Paragraph B. 4. The SUBRECIPIENT hereby agrees to work with the City in good faith to make any additional amendments to this Agreement as may be necessary pursuant to directive provided by the Federal Awarding Agency. Article 24: Attachments The documents provided for in the table below are hereby incorporated by both reference and attachment and therefore form a material part of this Agreement. Article 25: Entire Agreement This Agreement, and any documents incorporated, referenced, or attached to this Agreement, sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements, Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 27 of 30 440 negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. [ SIGNATURES ON FOLLOWING PAGES] Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 28 of 30 441 The City has executed this Agreement on the date set forth below, BOYNTON BEACH, FLORIDA By: City Manager 0 Dat( SUBRE IEJN�T SIGNATURE C'P TU ON FOLLOWING PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 29 of 30 442 SUBRECIPIENT SIGNATURE PAGE =BOYNTON BEACH, FLORIDA'S SIGNATURE 0 To 0 0 PREVIOUS N PREVIOUS PAGE The SUBRECIPIENT has executed this Agreement on the date set forth below. BOYTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, INC. i'w e , (," .' , , 14--Xeca7(i-e 16 By: SUBRECIPIENT Name and Title Date: A ;4 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 30 of 30 443 Form I E -Verify Registration and Use Certification COMPLETION OF THIS FORM M REQUIRED FOR ALL SUBRECIPIENTS Please note that the City will verify that the SUBRECIPIENT has an active registration on Ffy' y.qq If the SUBRECIPIENT does not have an active registration noted on the E -Verify website because the ederal Government has not yet updated its website, it must then provide a copy of the E -Verify Memorandum of Understanding for Employers that the SUBRECIPIENT received upon registration to the City. - E -VERIFY REGISTRATION USE CERTIFICATION ,- The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this E -Very Use and Registration Certification and Affidavit. B. The SUBRECIPIENT is registered with the United States Department of Homeland Security's E -Verify system to verify the work authorization status of all employees hired during the term of this Agreement and shall provide evidence of such registration to the City upon request. C. The SUBRECIPIENT does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. D. The SUBRECIPIENT shall require all subcontractors performing work under this Agreement to provide an affidavit stating that such subcontractors do not employ, contract with, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies )IIAt it understands and will comply with its obligations as stated in this affidavit. NN . ......... . . . . . . .......... RECIPIENT Representative 5fficial hie a bre of Z§B . . .. . . . .............. ................................... .. Printed Name ---bate — - — -- - ---------------- ----- . .... Community Development Block Grant Subaward Agreement – Form I City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page I of 1 444 Form 2 Public Entity Crimes and Scrutinized Companies Certification COMPLETION CSF "iris FORM [S REQUIRED FOR ALL SUBRECIPIENTS The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A, Neither the SUBRECIPIENT, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the SUBRECIPIENT, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989. B. The SUBRECIPIENT has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list. C. The SUBRECIPIENT acknowledges that for the purposes of this certification, the terms "public entity crime," "convicted," and "affiliate," are as defined in Section 287.133, Florida Statutes, which the SUBRECIPIENT has reviewed prior to the execution of this certification, D. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: 1 Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287,133, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statute subsequent to entering into this Agreement with the City, E. The SUBRECIPlENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT's status under Section 287.133, Florida Statutes, changes in any manner, Pari 2A ertificatiorr caf ornpliar�ce with Seoticar� 28713 5, Ficaria Ststutes (Scrt�tir►iecl �ara�anies} The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that.` A. The SUBRECIPIENT certifies that it is eligible to bid on, submit a proposal for, or enter into Or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes, B. The SUBRECIPIENT is not: Community Development Block Grant Subaward Agreement — Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 445 Form 2 Public Entity Crimes and Scrutinized Companies Certification (Continued) 2. On the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List," created pursuant to Section 215.473, Florida Statutes; or 3. Engaged in business operations in Cuba or Syria. C. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement with the City. D. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT's status under Section 287.135, Florida Statutes, changes in any manner. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part I and Part 2 this certification. ignatur', /ofSUBRECIPIENT Representative Official Title Printed Name ...... 'bate ....... ........ Community Development Block Grant Subaward Agreement — Form City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 446 Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise ("WBEl), and Labor Surplus Area Firm Certification COMPLETION OFTHIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS The undersigned hereby certifies on behalf of the SUBRECIPIENT, that the SUBRECIPIENT will comply With all of the following should the SUBRECIPIENT subcontract using any portion of the Subaward: A. When selecting subcontractors and making procurements with the Subaward, the SUBRECIPIENT shall take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus firms are used whenever possible while expending the Subaward. B. Pursuant to 2 CFR § 200.321, such affirmative steps must include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. The SUBRECIPIENT understands that it must pass this obligation down to its subcontractors (if any). Pursuantto the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. ......... .. ...... ---Representative... ... .............................................. . . . . Signature 16i SU RECIPIENT Official Title �.' _' .,.. �. e.ne �� J.%�G�. .......... Printed Name Date Community Development Block Grant Subaward Agreement — Form 3 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page I of 1 447 Form 4 Federal Suspension and Debarment Certification COMPLETION OF THIS FORM IS RE MIRED FOR ALL SUBRECIPIENTS Please note that the City will verify that the SUBRECIPIENT has an active registration with SAM.gov on y. If the SUBRECIPIENT does not have an active registration noted in the SAM.gov system, then ,1.ga this Agreement will not be executed by the City. FEDERAL SUSPENSICJN AND DEBARMENT CERTIFICATION � The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this Federal Suspension and Debarment Certification. B. The SUBRECIPIENT complies with 2 CFR Part 180, Subpart C ("Responsibilities of Participants Regarding Transactions Doing Business with Other Persons"). C. The SUBRECIPIENT is registered and maintains an active registration with SAM.gov and will maintain an active registration with SAM.gov for the entire term of this Agreement. D. The SUBRECIPIENT does not appear on the SAM Exclusions list and shall notify the City within five (5) business days if it is added to the SAM Exclusions list, or should its status under the SAM system change in any way during the term of this Agreement. E. The SUBRECIPIENT shall include a requirement to comply with 2 CFR Part 180, Subpart C in any lower tier covered transactions into which it enters, F. The SUBRECIPIENT understands and agrees that the City reserves the rightto institute additional restrictions and conditions to this Agreement, terminate this Agreement, and pursue any other remedy available under local, state, and federal law, should the SUBRECIPIENT: (1) be found to have misrepresented its SAM.gov status in any manner; or (2) fail to notify the City of any change in its status under the SAM.gov system. This certification is a material representation of fact relied upon by the City. If it is later determined that the SUBRECIPIENT fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to, suspension or debarment. Pursuantiq the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it and i1skalids and will comply with its obligations as stated in this affidavit. . . . . . . ....................................... . . . . . . . . ... ... . . Signa u r Representative Official Title . . . .......... .. ... . . . ........ Name Date Printed — --- ------------- Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 448 Form 5 Certification Regarding Lobbying COMPLETION OF 1" li°ii i r-0RM IS CONDiTIONAL If "No" then the SUBRECIPIENT may disregard this forr-n. If "Yes" then the SUBRECIPIENT hereby executes the following Certification Regarding Lobbying as required by 31 USC § 1352: k I! "T"Ami mt "'m Part 1: Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies on behalf of the SUBRECIPIENT that: A. No Federal appropriated funds have been paid or shall be paid, by or on behalf of'the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperat ' ive agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the SUBRECIPIENT shall complete and submit Standard FornI "Disclosure of Lobbying Activities", in accordance with its instructions. C. The SUBRECIPIENT shall require that the language of this certification be included in the award docuryients for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly, D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Part 2: Statement for Loan Guarantees and Loan Insurance The undersigned certifies on behalf of the SUBRECIPIEN'r that: A. If any funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of'Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the SBF IECIPIENT shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions, Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page I of 2 449 Form 5 Certification Regarding Lobbying (Continued) B. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. A�� —2� .. . ... . . ....... ........ .. ......................... Sigm tore of SUBRECIPIENT Representative Official Title . ... ... ... .. .... Printed Name Date A . . . . . ........ [ REMAINDER OF PAGE LEFT BLANK] Community Development Block Grant Subaward Agreement — Form 7 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 450 Exhibit A Required Information for Federal Subawards Table REQUIRED PURSUANT TO 2 CFR 0.332 . ... . ....... . ...... . ........................... ................ Federal Requirements Subaward-Specific Information ... . ....... . ......... . SUBRECIPIENT Name (registered name in SAM.gov): . . . ........ BSUBREoynton Beach Faith Based Community Development Croration, In. 11 ................... . . . . CIPIENT's Unique Entity Identifier (UEI): . .... ..... ............... . . . ................ . . . ....... GZS6GQICQFM9 Federal Award clentification Number (FAIN): . . . . . . . . . . .. . . . ...... . ................................................ .. .. - — ------ - N/A (CDBG Multiple Years Rollover Funds) Award Date: N/A (CDBG Multiple Years Rollover Funds) SubaFederal ward PeriodofPerformance Start and End Date: _ 1111 ........ StartUpon xecution End: 09/30/2023 .... . .. F Federal Award Budget Period Start and End Date: Amount of Federal Funds obligated by this action by the 1111.. ................ ....... . —1111_ -----1111, --Federal Start: 10/01/2022 End: 09/30/2023 ........... ... ... . . . . ........ . ..... Pass -Through Entity to the SUBRECIPIENT: $400,000.00 ......................... . . . . . . Total Amount of Federal Funds Obligated to the . ....... SUBRECIPIENT by the Pass -Through Entity including$400,000.00 I the current financial obligation: .......... Total Amount of the Federal Award co mmitted to the . . . . .. — ------------ ............................ $400,000.00 SUBRECIPIENT by the Pass -Through Entity: ........... . . . Federal subaward Project Description: . ............... Owner -Occupied Limited Rehabilitation for Qualifying Households - 24 CFR 570.202(a)(1) - Eligible Rehabilitation and Preservation activities; National Objective 24 CFR Part 570.208 (a)(3) Name of Federal Awarding Agency: U.S. Department of Housing and Urban . . . .............. ............... Development (HUD) Name of Pass Through Entity: . . ...... ... ... ... ... ... ... ... . I'- . ...................... . ............. _ City of Boynton Beach . .......... . ....... Pass -Through Entity's Awarding Official Contact . ..... . ..... Name: Dan Dugger, City Manager Information: Email:E,�.ugggL 1jtft,.g§ . .... ..... _ .............. Phone: 561-742-6010 . ............. CFDA Number and Name: . Number: 14.228 . ...... . . . . ....... __", . ....... .................. Name: Community Development Block Grant . ................ Is the Subaward R&D related?: ...................... . . . . ................ . . --_1111.1.1 ...... . ...... No . ............. Is there an indirect cost rate for the Subaward?: ........................ No Requirements of the Federal Award imposed on the Yes, see the termsof the Agreement and SUBRECIPIENT?: ...... ........... attached exhibits and forms. Are there any additional requirements imposed on ............ ........ . .... ........ 1.111. SUBRECIPIENT in order for the Pass -Through Entity to Yes, see the terms of the Agreement and meet its own reporting responsibilities to the Federal attached exhibits and forms. Awarding Agency?: Is there a requirement that the SUBRECIPIENT must - mm Yes, see: Article 14 ("Maintenance, permit the Pass -Through Entity and auditors to have access to the SUBRECIPIENT's records and financial Retention, and Access to Records") and statements?: Article 16 ("Audit Requirements"), . . . .. .. .......... ......... ... Are there appropriate terms and conditions concerning ......... . ....... . ....... .......... es, see: Article 13 ("Progress Reporting [and closeout of the Subaward?, .............. Subaward Closeout") . . ......... . ................ __J Community Development Block Grant Subaward Agreement - Exhibit A City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, Page 1 of 1 451 Exhibit B Scope of Services Scope of Services The Owner -Occupied Limited Rehabilitation Program for qualifying households will serve low-income residents who own and homestead their residence. The program will offer a zero -interest deferred loan or grant to eligible homeowners to pay for home improvement/rehabilitation and incidental expenses that correct emergency health and safety hazards, and code related issues. The maximum award is $25,000 per household. The applicant shall not own any other real estate. The Owner -Occupied Limited Rehabilitation Program will use two strategies: 1. Disabled and Elderly Income -eligible Homeowners (grant) 2. Any Other Income -eligible Homeowners (loan) . Income eligible households with a disabled member or elderly income -eligible homeowners may receive financing through a grant that does not need to be repaid. ELIGIBLE APPLICANTS Applicant's gross household income (income from all sources before taxes and withholding for every household member, age 18 and over) may not exceed 80% of the area median income, as determined by the U.S. Department of Housing and Urban Development (HUD). The following apply: • To qualify for grant funding, at least one homeowner residing in the residence must be at least 62 years old or have a member of the household that is disabled. • The applicant must be the homeowner and occupy the home for at least twelve months before the date of application. Life estate holders may be eligible (documents will need to be reviewed). The trustee must agree to sign all documents. • Absentee owners are not eligible. • Applicants must have 100% ownership interest in the residence to be improved • Applicants must have clear title to the subject property as evidenced by a title search or deed • Must have home repair needs that threaten the homeowner's safety, energy efficiency, habitability, and accessibility. • Payments on all mortgages on the property must be current. If the mortgage payment is delinquent, it must be brought current before application and remain current through the closing. • Must not have received housing rehabilitation assistance under any program administered by the City of Boynton Beach. • Property taxes must be current. • Must be current on obligations owed to or insured by any body of government, including, but not limited to code violation liens, income tax liens, child support, and student loans, If the loan has been charged off, the owner will be required to contact the lender and arrange to pay the past due amount. • If a payment arrangement is made, payment must be current at the time of loan application and approval. If the loan has been forgiven, written proof must be obtained. • If the owner's gross monthly income is less than their monthly expenses, is an automatic denial based on inability to maintain the property. Unless those improvements which are Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 452 Exhibit B Scope of Services being done will reduce property insurance, wind storm insurance and/or utility cost to make the property affordable. OCCUPANCY REQUIREMENTS Homeowner must have owned the property and Homesteaded the property as his/her principal residence for at least one year prior to applying for assistance. The homeowner must intend to reside in the property for at least one year after the rehabilitation. INCOME CERTIFICATION REQUIREMENTS Gross annual household income included but is not limited to the gross annual projected income of all, household members age 18 and over that reside in the household before taxes or withholdings. The following income sources must be included in the income calculation: • Salaries, overtime earnings, commissions, bonuses, full-time and part-time earnings, seasonal employee earnings, tips • Unemployment compensation • Social Security benefits • Public assistance • Net rental income • Pensions • Alimony and child support • Net income from business activities • Interest and dividend income • Capital gains • Imputed income • Partnership income • Partnership income • Bank accounts (i.e. checking, savings and CDs) • Prepaid debits cards (i.e. Green Dot, Prepaidify, Payoneer, Bluebird) • Brokerage accounts (i.e. stocks, bonds) • IRAs, 401 -ICs, 457s, ELIGIBLE PROPERTIES: • Properties that are being repaired must be the sole and primary residence of the owner. • Homesteaded Owner -Occupied Single-family properties (Mobile Homes are not eligible) • Applicant must own property for at least one year prior to application date • Must be the applicant's Homesteaded property • The property to be improved must not have a lien as a result of code violations. • The property must be located within city limits (property control number beginning with 08). The SUBRECIPIENT will verify the following: • The legal description of the subject property • The owner's ownership interest by conducting or facilitating a title search/investigation • Existing liens, if any on the property Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, 453 Exhibit B Scope of Services ELIGIBLE IMPROVEMENTS Improvements include but not limited to: • Electrical • Plumbing • Air Conditioning Replacement • Insulation • Single families detached dwellings are also eligible for: o Roof Replacement • Exterior Doors Replacement a Windows Replacement • Accessibility Improvements for occupant(s) with disabilities • Repairs incidental to any of the above (i.e. drywall, caulking and painting) • Other conditions that could cause the home to be or become uninhabitable will be considered on a case by case basis. Each improvement must be made and in compliance with all applicable health, fire prevention, building and housing codes standards, and product approvals. APPLICATION PROCESS • Funding is awarded on a first come, first qualified basis • The SUBRECIPIENT will assist applicant with the application process • The SUBRECIPIENT will review the applications and supporting documentation to ensure all eligibility criteria are met • Applications must be signed by all homeowners • All forms in the application package must be signed by all household members over 18 • Income Certifications must be signed by all household members over 18 • The SUBRECIPIENT will perform visual home inspection to identify required improvements and write specifications • The SUBRECIPIENT will review with homeowner proposed improvements • The SUBRECIPIENT will send work specifications to City's Community Improvement Division for approval • The approval of funds to complete rehabilitation is contingent upon the availability of funds and City's Approvals • The SUBRECIPIENT will prepare bids, receive bids from contractors, and selects contractor • Owner/contractor agreement is signed and work begins on home • The SUBRECIPIENT will oversee the rehabilitation work through periodic inspections, review of construction payment requests, and issuance of payments to contractors • Final payment is not released to pay contractor until home passes the final inspection by City's Community Improvement Division PROPERTY INSPECTION • Environmental review will be done by City's Community Improvement Division" Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 454 • The City's Community Improvement Division will submit all necessary documentation and certification to the Florida State Historic Preservation Officer for properties 45 years or older** • Depending on work specification, the SUBRECIPIENT will conduct a Lead Paint Inspection in accordance with the Lead Based Paint Poisoning Preventive Act and assessment (if required) on properties built before 1978 • The SUBRECIPIENT will complete visual home inspection to itemize required repairs and write specifications • THE SUBRECIPIENT will develop and prepare work specifications for the needed improvements for bidding purposes. • THE SUBRECIPIENT will take and save photos of pre -construction condition ** All homes to be rehabilitated must undergo an.environmental review and the file documented prior to any commitment of funds. City staff will prepare the environmental review checklist. An environmental review consists of a statutory checklist of required review items and a request to the Florida State Historic Preservation Officer (SHPO) for a review of historical significance and its impact on the rehabilitation of houses that are 45 years old or more. City staff will submit a description, maps, and photographs of the house to the SHPO. Properties with environmental conditions will not be permitted to proceed under housing activities unless the condition is corrected. No work can start on a site until the environmental review is complete and approved. Each improvement must be a permanent general improvement that correct defects or deficiencies in the property directly affecting the structural integrity, the safety, habitability, or energy consumption of the property. The homeowner will be responsible for moving his/her belongings to perform the improvements. Rehabilitation must satisfy the following requirements: • Homeowners' Insurance is required. Only those applicants who have or who can obtain the necessary property insurance, windstorm insurance and flood insurance (if required), will be considered for the program. • The SUBRECIPIENT may pay for up to one-year (12 months) insurance premium for homeowners whose homes are uninsured as long the total cost of rehabilitation project doesn't exceed $25,000.00 • Prior to start of rehabilitation, the property must be inspected by the City of Boynton Beach Community Improvement Construction Coordinator to determine eligibility under the program. • All proposed rehabilitation must be outlined in the specifications and must address the deficiencies and/or accessibility improvements noted on the inspection report. • The SUBRECIPIENT will advertise and receive bids from currently licensed contractors based on the specifications, in accordance with 2 CFR 200.320 and select the lowest responsive and responsible bid. • All improvements must be completed by a currently licensed contractor for their respective trade. Any contractor who is excluded from the federal procurement, or is on the HUD's list of Debarred Contractors, is not eligible for to participate in the program. • A written construction contract will be prepared by the SUBRECIPIENT and executed between the contractor and homeowner. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 455 Exhibit B Scope of Services • A Notice of Commencement will be filed for all projects. • The contractor will notify the City's Community Improvement Construction Coordinator when application for permit has been made so the permit review can be expedited. • Property improvements will conform to all applicable zoning ordinances and all appropriate permits must be obtained. • Each rehabilitated property assisted with CDBG funds for single family rehabilitation must be a permanent improvement completed in compliance with applicable state, county and municipal health, housing, building, fire prevention and housing maintenance codes. • Lien waivers must be collected from all contractors and sub -contractors upon completion of rehabilitation. CHANGE ORDERS • Change orders are not permitted after the contract documents hav, e been executed unless unanticipated deficiencies identified during the rehabilitation process will cause further damage to the home if not addressed. • Any changes in the scope of work, including the reason for the change must be documented in the file. • In the event that a change order occurs, grant amount will be adjusted. INDIVIDUAL GRANT • The maximum award is up to $25,000.00 per household. • The amount of the award will be based on the amount necessary to cure existing substandard conditions or accessibility. If the rehabilitation cost exceeds the maximum grant award the project will be referred to the City's Housing Rehabilitation Program which will require a deferred mortgage of 15 years. Rim; MM A zero -interest deferred loans are offered to any income eligible homeowners. The homeowner has no monthly payments and the loan is forgivable if the homeowner occupies the property as their homesteaded residence for the loan term. However, the loan is repayable if the home is sold, ownership is transferred, or the homeowner ceases to occupy the property as their homesteaded residence during the loan term. 14 14 M 1 -.1 11W-19 2AYCI Z 111 :•:,• t 4:4 Applicant's gross household income (income from all sources before taxes and withholding for every household member, age 18 and over) may not exceed 80% of the area median income, as determined by the U.S. Department of Housing and Urban Development (HUD). The applicant must: • Be the homeowner and occupy the home for at least twelve months before the date of application. Life estate holders may be eligible (documents will need to be reviewed). The trustee must agree to sign all documents. • Have 100% ownership interest in the residence to be improved • Have clear title to the subject property as evidenced by a title search or deed. . ........................ Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 456 Exhibit B Scope of Services • Have basic home repair needs that threaten the homeowners safety, energy efficiency, habitability, and accessibility. • Be current on all mortgage payments on the property. If the mortgage payment is delinquent, it must be brought current before application and remain current through the closing. • No have a Reverse Mortgages. • Not have received housing rehabilitation assistance under any program administered by the City of Boynton Beach. • Be current on all property taxes. • Be current on obligations owed to or insured by any body of government, including code violation liens, income tax liens, child support, and student loans. ■ If the loan has been charged off, the owner will be required to contact the lender and arrange to pay the past due amount. • If a payment arrangement is made, payment must be current at the time of loan application and approval. If the loan has be forgiven, written proof must be obtained. If the owner's gross monthly income is less than their monthly expenses, it is an automatic denial based on inability to maintain the property; unless those improvements which are being done will reduce property insurance, wind storm insurance and/or utility cost to make the Property affordable. OCCUPANCY REQUIREMENTS a Homeowner must have owned the property and Homesteaded the property as his/her principal residence for at least one year prior to applying for assistance. Further the borrower must maintain ownership and title to the property and reside in the property as their principal residence during the term of the loan. , Gross annual household income included but is not limited to the gross annual projected income of all household members age 18 and over that reside in the household before taxes or withholdings. The following income sources must be included in the income calculation: • Salaries, overtime earnings, commissions, bonuses, full-time and part-time earnings, seasonal employee earnings, tips • Unemployment compensation • Social Security benefits • Public assistance • Net rental income • Pensions • Alimony and child support • Net income from business activities • Interest and dividend income • Capital gains • Imputed income • Partnership income • Bank accounts (i.e. checking, savings and CDs) • Prepaid debits cards (i.e. Greendot, Prepaidify, Payoneer, Bluebird) • Brokerage accounts (i.e. stocks, bonds) • IRAs, 401 -Ks, 457s, Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 457 Exhibit B Scope of Services ELIGIBLE PROPERTIES: • Properties that are being repaired must be the sole and primary residence of the owner. • Homesteaded Owner -Occupied Single-family properties (Mobile Homes are not eligible) • Applicant must own property for at least one year prior to application date • Must be the applicant's Homesteaded property • The property to be improved must not have a lien as a result of code violations. • The property must be located within city limits (property control number beginning with 08). TITLE VERIFICATION The SUBRECIPIENT will verify the following: • The legal description of the subject property • The owner's ownership interest by conducting or facilitating a title search/investigation • Existing liens, if any on the property 1;;1X1CzJ1R4h11,I';J Improvements include but not limited to: • Electrical • Plumbing • Air Conditioning Replacement • Insulation • Single families detached dwellings are also eligible for: • Roof Replacement • Exterior Doors Replacement • Windows Replacement • Accessibility Improvements for occupant(s) with disabilities • Repairs incidental to any of the above (i.e. drywall, caulking and painting) • Other conditions that could cause the home to be or become uninhabitable will be considered on a case by case basis. Each improvement must be made and in compliance with all applicable health, fire prevention, building and housing codes standards, and product approvals. APPLICATION PROCESS • Funding is awarded on a first come, first qualified basis • The SUBRECIPIENT will assist applicant with the application process • The SUBRECIPIENT will review the applications and supporting documentation to ensure all eligibility criteria are met • Applications must be signed by all homeowners • All forms in the application package must be signed by all household members over 18 • Income Certifications must be signed by all household members over 18 • The SUBRECIPIENT will perform visual home inspection to identify required improvements and write specifications • The SUBRECIPIENT will review with homeowner proposed improvements Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, 458 :2 :W:J;;I Exhibit B Scope of Services • The SUBRECIPIENT will send work specifications to City's Community Improvement Division for approval • The approval of funds to complete rehabilitation is contingent upon the availability of funds and City's Approvals • The SUBRECIPIENT will prepare bids, receive bids from contractors, and selects contractor • Owner/contractor agreement is signed and work begins on home • The SUBRECIPIENT will oversee the rehabilitation work through periodic inspections, review of construction payment requests, and issuance of payments to contractors • Final payment is not released to pay contractor until home -passes the final inspection by City's Community Improvement Division • Environmental review will be done by City's Community Improvement Division" • The City's Community Improvement Division will submit all necessary documentation and certification to the Florida State Historic Preservation Officer for properties 45 years or older** • Depending on work specification, the SUBRECIPIENT will conduct a Lead Paint Inspection and assessment (if required) on properties built before 1978 • The SUBRECIPIENT will complete visual home inspection to itemize required repairs and write specifications • THE SUBRECIPIENT will develop and prepare work specifications for the needed improvements for bidding purposes. • THE SUBRECIPIENT will take and save photos of pre -construction condition ** All homes to be rehabilitated must undergo an environmental review and the file documented prior to any commitment of funds. City staff will prepare the environmental review checklist. An environmental review consists of a statutory checklist of required review items and a request to the Florida State Historic Preservation Officer (SHPO) for a review of historical significance and its impact on the rehabilitation of houses that are 45 years old or more. City staff will submit a description, maps, and photographs of the house to the SHPO. Properties with environmental conditions will not be permitted to proceed under housing activities unless the condition is corrected. No work can start on a site until the environmental review is complete and approved. Each improvement must be a permanent general improvement that correct defects or deficiencies in the property directly affecting the structural integrity, the safety, habitability, or energy consumption of the property. The homeowner will be responsible for moving his/her belongings to perform the improvements. Rehabilitation must satisfy the following requirements: 0 Homeowners' insurance is required. Only those applicants who have or who can obtain the necessary property insurance, windstorm insurance and flood insurance (if required), will be considered for the program. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 459 Exhibit B Scope of Services • The SUBRECIPIENT may pay for up to one-year (12 months) insurance premium for homeowners whose homes are uninsured as long the total cost of rehabilitation project doesn't exceed $25,000.00 • Prior to start of rehabilitation, the property must be inspected by the City of Boynton Beach Community Improvement Construction Coordinator to determine eligibility under the program. • All proposed rehabilitation must be outlined in the specifications and must address the deficiencies and/or accessibility improvements noted on the inspection report. • The SUBRECIPIENT will advertise and receive bids from currently licensed contractors based on the specifications, in accordance with 2 CFR 200.320 and select the lowest responsive and responsible bid. • All improvements must be completed by a currently licensed contractor for their respective trade. Any contractor who is excluded from the federal procurement, or is on the HUD's list of Debarred Contractors, is not eligible for to participate in the program. • A written construction contract will be prepared by the SUBRECIPIENT and executed between the contractor and homeowner. • A Notice of Commencement will be filed for all projects. • The contractor will notify the City's Community Improvement Construction Coordinator when application for permit has been made so the permit review can be expedited. • Property improvements will conform to all applicable zoning ordinances and all appropriate permits must be obtained. • Each rehabilitated property assisted with CDBG funds for single family rehabilitation must be a permanent improvement completed in compliance with applicable state, county and municipal health, housing, building, fire prevention and housing maintenance codes. • Lien waivers must be collected from all contractors and sub -contractors upon completion of rehabilitation. Change orders are not permitted after the contract documents have been executed unless unanticipated deficiencies identified during the rehabilitation process will cause further damage to the home if not addressed. Any changes in the scope of work, including the reason for the change must be documented in the file. In the event that a change order occurs, loan amount will be adjusted • The maximum award is up to $25,000.00 per household. • The award will be in the form of a deferred loan to be recorded following the homeowner and contractor construction conference • Deferred loans have a zero percent (0%) interest requiring no monthly payments. • Deferred loans shall be secured by a Mortgage and Promissory Note payable to the City of Boynton Beach for one of the following terms and shall be fully forgiven at the end of the term of the loan; ❖ Up to $10,000.00 -- 3 years ❖ $10,000.00 - $15,000.00 — 5 years •:+ $15,000.00 $25,000.00— 10 years Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 460 Exhibit B Scope of Services • The amount of the award will be based on the amount necessary to cure existing substandard conditions or accessibility. • Recording fees, title search and title insurance costs may be included in the loan amount as long as the loan amount does not exceed the maximum award amount • If the rehabilitation cost exceeds the maximum loan award ($25,000.00) the project will be referred to the City's Housing Rehabilitation Program which will require a deferred mortgage of 15 years. • The mortgage may be subordinated once and in conformance with the City's Subordination Policy (a copy of the City's Subordination Policy may be obtained by contacting the City's Community Improvement Division) as part of a refinance of the primary loan. • In the event of homeowner's death, heirs to the property who choose to make their property their Homestead, may be Income Certified, and if they make less than 80% of the Area Median Income, can continue the mortgage with same terms of forgiveness; otherwise the heirs must have to payoff the full amount of the loan. • If the home is sold or title is transferred during the term of loan, the full amount must be repaid to the City. • The loan is in default and shall be immediately due and payable to the city if any of the following occur during the term of the loan: ❖ The property is sold, title is transferred or otherwise conveyed prior to the expiration of the loan term. ❖ The property ceases to be the homestead of the homeowner prior the expiration of the loan term. ❖ The property is converted to a rental property ❖ Refinancing with cash out or debt consolidation, or subject to a Reverse Mortgage W 10111 *1 1111:111:110411 In order to advance City's interest for public awareness and community engagement, the SUBRECIPIENT shall ensure that any news release or other type of publicity pertaining to the project as stated herein must recognize the "City of Boynton Beach" as the recipient funded by the U.S. Department of Housing and Urban Development and the entity that provided funds for the project. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based -Community Development Corporation, Inc. 461 EXHIBIT C Based on the Scope of Services as set forth in Exhibit B, below is the established budget and activities for this Agreement: .All reimbursement requests must be supported by an appropriate level of expense support. documentation and progress reporting clearly demonstrating that the applicable progress threshold for the request has been achieved on the project and that all rehabilitation has been completed in accordance with local and state property requirements, all permits have been satisfied. * There shall be up two draws per each unit being rehabilitated. The first request upon completion of 50% of the rehabilitation and the second may be requested upon final completion of the project. Reimbursement will be pay after all supporting documents and work performed has been reviewed by the Community improvement Division. All requests for reimbursement shall adhere to the standards set forth in Article 10: Reimbursement Requests and Article 11: Payment Terms. Failure for SUBRECIPIENT to adhere to these standards may result in delay of payment and / or disallowance of funding. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 462 The following are hereby incorporated into this "Attachment V (insurance Advisory Form) by reference: City of Boynton Beach Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the , City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." 'Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher, (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) JJ6111:11a tola oil 10 IV &V -a X411MM General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Umbrella Form Worker's Compensation Statutory Limits General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (any one fire) Med. Expense (any one person) Combined Single Limit Each Occurrence Aggregate $ 1,000,000.00 $ I'000,000.00 $ 1,000,000.00 $ 1,000,000.00 $50,000.00 $5,000.00 Aggregate - $1,000,000.00 $ 1,000,000.00 to be determined to be determined Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000m Disease Each Employee $ 1,000,000m --------------------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost --------------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined --------------------------------------------------------------------------------------------------------------------------------- ------------------- INSURANCEADVISORYFORM Revised 04/2021 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, 463 The following are hereby incorporated into this "Attachment 2" (Uniform Guidance Contract Provisions) by reference: Note: References to Project herein shall be deemed a reference to the services provided under the contract with SUBRECIPIENT by contractor. 2 CFR Part 200 Uniform Guidance Contract Provisions (1) Breach of Contract Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, currently set at $250,000 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. (Contracts for more than the simplified acquisition threshold, currently set at $250,000) (2) Termination All contracts in excess of $10,000 must address termination for cause and for convenience by the non - Federal entity including the manner by which it will be affected and the basis for settlement (Contracts in excess of $10,000). In accordance with 2 CFR 200.341, suspension or termination may occur if the SUBRECIPIENT materially fails to comply with any term of this Agreement, The Agreement may also be terminated; by either parties, for convenience in accordance with 2 CFR 200.341, which provides for termination for mutual convenience, or partial termination for specified reasons, (3) Equal Employment Opportunity Required Language 41 CFR §60-1.4(b) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," (30 FR 12319, 12935, 3 CFR Part 1964-1965 Comp., p.339) as amended by Executive Order 11375 of October 13, 1967, entitled "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, entitled "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" n 41 CFR Part 60.1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 41 C.F.R. Part 60-1.4(b) During the performance of this contract, the SUBRECIPIENT agrees as follows: (1) The SUBRECIPIENT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The SUBRECIPIENT 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, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SUBRECIPIENT 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. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 464 (2) The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The SUBRECIPIENT 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 provisions shall not apply to instance 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 the furtherance of an investigation, proceeding, hearing or action, including an investigation conducted by the employer, or is consistent with the contractors' legal duty to furnish information. (4) The SUBRECIPIENT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The SUBRECIPIENT 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. (6) The SUBRECIPIENT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the SUBRECIPIENT's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The SUBRECIPIENT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. (4) Contracted Work Hours and Safety Standards Compliance with Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U,S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and taborer 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 40 hours in the work week. The Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 465 requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (Construction contracts in excess of $100,000 which involve the employment of mechanics or laborers) 29 C.F.R. § 5.5(b) provides Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation 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 in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor 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 District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The SUBRECIPIENT shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. (5) Clean Air and Water The SUBRECIPIENT must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to U.S. Treasury and the Regional Office of the Environmental Protection Agency (EPA) (Contracts, subcontracts, and subgrants of amounts in excess of $150,000) (6) Debarment and Suspension (Executive Orders 12549 and 12689) Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. ul�L A SUBRECIPIENT award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (Contracts, subcontracts of amounts in excess of $26,000) SEPARATE CERTIFICATION DOCUMENTS INCLUDED FOR § jpNAI_QRCI (7) Byrd Anti -Lobbying Amendment Compliance with the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) — SUBREcIPIENTs that apply or bid for an award of $100,000 or more must file the required certification. 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 member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352, Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. C"43111191MA 11IMMOM11619411 I MIKIMN (8) Procurement of Recovered Materials The SUBRECIPIENT 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 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (9) Prohibition on Certain Telecommunications and Video Surveillance Services Or Equipment 2 CFR §200.216; Public Law 115-232, Section 889; 2 CFR §200.471 (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; 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 Telecommunications Equipment or Services (interim), as used in this clause. (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 467 subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) 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 system; (ii) 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 essential component of any system, or as critical technology of any system; (iii) 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 system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, 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 as part of any system. (c) Exceptions. (1) This clause does not prohibit SUBRECIPIENTs from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or Contract Provisions Guide 28 (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the SUBRECIPIENT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part 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 (d)(2) of this clause to the recipient or SUBRECIPIENT, unless elsewhere in this contract are established procedures for reporting the information. (2) The SUBRECIPIENT shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 468 incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The SUBRECIPIENT shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments (10) Domestic Preference for Procurements (a) As appropriate and to the extent consistent with law, the SUBRECIPIENT 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 (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts including all contracts and purchase orders for work or products under this contract. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, .from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. (11) Contracting with small and minority businesses, women's business enterprise, and labor surplus area firms (2 CFR §200.321) The SUBRECIPIENT, if subcontracts are to be let, must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources: c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and, f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in (a) — (e) of this paragraph. (12) Davis -Bacon and Related Act Requirements (40 U.S.C. 3141-3148; 29 CFR Part 5) When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc, 469 (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal Awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), 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"). The Act provides that each contractor or SUBRECIPIENT must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal Awarding agency. CONTRACT PROVISIONS (1) Access and Retention of Records The SUBRECIPIENT will make available to the City, Office of Inspector General and the Government Accountability Office any documents, papers or other records, including electronic records, of the SUBRECIPIENT that are pertinent to this contract, in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such documents. This right also includes timely and reasonable access to the SUBRECIPIENT's personnel for the purpose of interview and discussion related to such documents. This right of access shall continue for a period of five years after completion of project and final payment by the CITY, The SUBRECIPIENT is required to retain Financial records, supporting documents, statistical records, and all other non -Federal entity records pertinent to this contract and must be retained for a period of five years from the completion of the project and final payment by the CITY, unless any litigation, claim, or audit is started before the expiration of the 5 -year period, in which event, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. The City, Office of Inspector General and the Government Accountability Office shall have the right during normal business hours to conduct announced onsite and offsite physical visits of SUBRECIPIENTs corresponding to the duration of their records retention obligation. (2) Prohibiting Discrimination The SUBRECIPIENT agrees to comply, as applicable to this contract, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII -IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, national origin, sex, familial status, or disability; Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 470 iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title 11 of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 1.2101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto, (3) Publications Any publications produced with funds from this contract must display the following language: "This project is being supported, in whole or in part by the Community Development Block Grant awarded to the City of Boynton Beach, passed through to the Boynton Beach Faith Based- Community Development Corporation, Inc. by the U.S. Department of the Housing and Urban Development." (4) Increasing Seat Belt Use The SUBRECIPIENT is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees that operate company-owned vehicles, company -rented vehicles, or personally operated vehicles. The SUBRECIPIENT is to include this provision in each third -party subcontract providing services under this contract. The terms "company-owned" and "company - leased" refer to vehicles owned or leased either by the SUBRECIPIENT. (5) Reducing Text Messaging while Driving THE SUBRECIPIENT is encouraged to adopt and enforce policies that ban text messaging while driving. The SUBRECIPIENT is to include this provision in each third -party subcontract providing services under this contract. (6) Compliance with State, Local and Federal Requirements This is an acknowledgement that U.S. Department of Housing and Urban Development funds may be used to pay all or a portion of the contract. The SUBRECIPIENT and all subcontractors must comply will all applicable federal law, regulations, executive orders, U.S. Department of Housing and Urban Development, procedures, and directives. (7) No Obligation by 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. (9) Program Fraud and False or Fraudulent Statements or Related Acts Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 471 The SUBRECIPIENT acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the SUBRECIPIENT's actions pertaining to this contract. GOVERNMENT WIDE DEBARMENT AND SUSPENSION OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (NonProcurement), 2 CFR, Part 180 (including the requirement to include a term or condition in all lower tier covered transactions and contracts and subcontracts described in 2 CFR, Part 180, Subpart B) requires that the award is subject to 2 CFR, Part 180 and Treasury's implementing regulation at 31 CFR, Part 19. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are, not presently declared by any Federal department or agency to be: a. Debarred from participation in any federally assisted Contract; b. Suspended from participation in any federally assisted Contract; c. Proposed for debarment from participation in any federally assisted Contract; d. Declared ineligible to participate in any federally assisted Contract; e. Voluntarily excluded from participation, in any federally assisted Contract; or f Disqualified from participation in ay federally assisted Contract. By signing and submitting this form, the bidder or proposer certifies as follows: The certification in this clause is a material "representation of fact relied upon by the City. If it is later determined by the City that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 CFR, Part 180, Subpart C, as supplemented by 31 CFR, Part 19, 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 include a provision requiring such compliance in its lower tier covered transactions. Print Name of Authorized Officia Title Signature of Authorized Official Company Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 471 1044A11114 of m1f vi[aff _tuA_!1J.Zr_tW* t-1 31 U.S.C. 1352 2 CFR Part 200 Appendix 11 (1) 31 CFR Part 21 The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352(b)(5), 2 CFR Part 200 Appendix 11(1), and 31 CFR Part 21. The undersigned certifies, to the best of his or her knowledge and belief, that: t No Federal appropriated funds have been paid "o'r,will be p''id, by , or 66 6eliaif `4- � , " of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the Making of any Federal loan, the entering into of any cooperative agreement, and the - extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,. grant, loan, or cooperative agreement, 'the'undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1 ) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, ....................... certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Print Name & Title of Authorize( Signature of Authorized Official LOSE== Date aslecl . ............ . . . . ........... . . . ............. . . Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. 473 6.F Consent Agenda 09/14/2023 Proposed Resolution No. R23-126- Promissory Note as a part of the Commercial Property Improvement Forgivable Loan Program for Margo's Kitchen, LLC. Requested Action: Approve and accept a Promissory Note from Margo's Kitchen, LLC., as part of the Commercial Property Improvement Forgivable Loan Program in the amount of $13,500. Explanation of Request: The City's Commercial Property Improvement Forgivable Loan Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the City. The program provides financial assistance to new and existing businesses and property owners in the form of an interest-free forgivable loan intended to reduce the costs associated with the improvement and/or renovation of a commercial property. The maximum loan amount to any one business or property owner as a part of this program is $15,000. The loan will be forgiven if the recipient complies with the program's guidelines and provides evidence acceptable to the City of an amount equivalent to the loan for eligible expenses associated with the project. City staff has received a complete loan application from Margo's Kitchen, LLC located at 4735 N. Congress Ave. Boynton Beach, FL 33426. Margo's Kitchen will utilize the loan funds to renovate the floors and paint the walls inside the restaurant. How will this affect city programs or services? Approval of this Promissory Note will allow the City's Division of Economic Development to help a local small business improve their commercial space and better serve their customers. Fiscal Impact: The City has budgeted $75,000 for the Commercial Property Improvement Forgivable Loan Program in FY 22-23 via account 001-2419-559.49-68. Margo's Kitchen, LLC will receive $13,500. Attachments: R23-126 Margo's Kitchen Promissory Note.pdf Application and Supporting Documents - Margo's Kitchen.pdf Updated Margo's Kitchen Promissory Note FY 22.23.docx 474 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R23-126 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A PROMISSORY NOTE FROM MARGO'S KITCHEN, LLC., AS PART OF THE COMMERCIAL PROPERTY IMPROVEMENT FORGIVABLE LOAN PROGRAM IN THE AMOUNT OF $13,500; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's Commercial Property Improvement Forgivable Loan Program is designed to help facilitate the establishment of new businesses and aide in the expansion of existing businesses within the City; and WHEREAS, the program provides financial assistance to new and existing businesses and property owners in the form of an interest-free forgivable loan intended to reduce the costs associated with the improvement and/or renovation of a commercial property, and WHEREAS, staff has received a loan application from Margo's Kitchen, LLC located at 4735 N. Congress Ave. Boynton Beach, FL 33426 which will utilize the loan funds to renovate the floors and paint the walls inside the restaurant; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve and accept a Promissory Note from Margo's Kitchen, LLC as part of the Commercial Property Improvement Forgivable Loan Program in the amount of $13,500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 25 OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby 27 ratified and confirmed by the City Commission. 28 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:ACA\RESO\Margo's Kitchen Promissory Note - Reso.docx 475 29 approves and accepts a Promissory Note from Margo's Kitchen, LLC as part of the 30 Commercial Property Improvement Forgivable Loan Program in the amount of $13,500. 31 Section 3. This Resolution shall become effective immediately on adoption. 32 PASSED AND ADOPTED this 14th day of September, 2023. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: 49 50 51 52 Maylee De Jes6s, MPA, MMC 53 City Clerk 54 55 56 (Corporate Seal) 57 58 59 60 61 62 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:ACA\RESO\Margo's Kitchen Promissory Note - Reso.docx 476 5/17/23, 4:30 PM Application Initial Eval Program Overview Eligibility Requirements Additional Information Application LOAN APPLICATION BUSINESS INFORMATION .................................................................................................................................................................................................................................................................... Boynton Beach Business Name* Business Legal Name, if different than above (d/b/a if applicable) *rgo's Kitchen Boynton Beach *Must be located within city limits outside of the BBCRA district Business Address* Street Address 4735 N Congress avenue Address Line 2 City State / Province / Region �boynton beach florida Postal / Zip Code Country 33426 USA https://IfWeb.bbfl.us/Forms/form/approval/2fcafeb6-912f-4e00-af7e-a791a8b88918 1/6477 5/17123, 4:30 PIVI Business Mailing Street Address Address, if different from physical Address Line 2 City Application Initial Eval 0 State / Province / Region Postal / Zip Code Country USA Contact Person* 1 Lynda Mondesir Title* CEO Phone Number* 19173656-753 Email* margoskft0en63@grnai1.corn HIMMM Own or Rent 0 Own 0* Rent Commercial Property?* Lease Agreement* * Yes 0 No Numbeir of 12 Employees* Business Type* 0 Sole Proprietorship (, # Urnited LiabilIty Company (LLC) () S Corporation Description of Your Iseat down restaurant Business* Corporation 0 Partnership 0 Other https:/Afiwb.bbfi.us/Forms/form/approval/2fccfeb6-912f-4eOO-af7e-a7gl a8b8891 8 2478 5/17/23, 4:30 PM Application Initial Eval PROJECT DESCRIPTION Improvement Project *select all that apply - Eligible Uses Interior walls ❑ Interior plumbing ❑ HVAC system Flooring ❑ Signage e2 Fire and/or security systems 0 Electrical systems, including exterior and interior lighting 0 Structural walls ❑ Landscaping and irrigation within the project site Fencing (excluding chain link, barbed wire, and wood panels) 0 Electric vehicle charging stations ❑ Solar electricity and water heating 0 Parking lot re -paving, re -sealing, and/or restriping t2 Painting ❑ Hood/fire suppression systems 0 Grease trap installation C:) ADA improvements ❑ Energy efficiency improvements ❑ Doors and windows 0 Patio decks connected to the building C:) Roofing ❑ Security cameras/system (not including security personnel) ❑ Other Project Details* Please provide a detailed description of your improvement project. I will be renovating the floors, painting the interior of restaurant , installation of security system. I https:lllfweb.bbfl.ustFormstforrTVapprovaY2feefebr:1-912f-4eOO-at7e-a79la8b88918 " 479 5117/23,4:30 PM Application Initial Eval Total Cost of the $ 116,000.00 Improvement Project* Loan Amount Maximum amount is $15,000.00 Requested * $ 15„000.00 Estimated 5/3012023 Improvement project Completion Date* W-9 Forma Upload onenty rest .Ilpdf 1.91 MB Cllck here to download a blaink W-9 IForm.. City of Boynton Copy of your active City of Boynton Beach Business Tax Receipt Beach Business Tani IIwlppead Receipt*,.... m. li uiness tax receipt Wpdf 1.45MB Commercial Lease Copy of executed multi-year commercial lease agreement Agreement (If Upload applicable) Restauriram°mi: lease mlpdf 3.48IMB Property Ownership Documentation showing ownership of the commercial property being improved (properly (If applicable) owners) Upload Corporate Tax Two (2) years of corporate tax returns (for existing business only). Return (If applicable) _..�,......,..... Upload Personal Tax Return Two (2) years of personal tax returns for the principal(s)/owner(s) of a new business (new (if applicable) businesses only). a.l �tl p grad --111.,_l-” _. ...J Tax 2021 personal .pol 9 42MB Tax 2022 Iper eirual p.pdt 7,31 MB X M KI K4 K4 https:/Afweb.bbfl.us/Forms/fomVapproval/2feefeb6-912f-4e00-af7e-a791 a8b88918 4480 5/17/23,4:30 PM Application Initial Eval Design/Plan Copy of the design and construction plans associated with the proposed improvements. 'Upload l.)eslgn pWn.pdf 574.49KB x Improvement Project Written detailed project budget describing the improvements to be done to the property. The Budget* project budget must provide a total cost of the improvement project. Please fill out the Acknowledgement Form and upload. Upload Dev letter.pdf 846.02KB Click here to download the Acknowledgement Form. Cost Estimate(s)* Cost estimate(s) from a licensed contractor(s) as specified in the applicant's improvement project budget. The estimates must list all project costs for which the applicant is seeking loan funding and forgiveness. [Upload Rest esfirnate,pdf 55.66KB x Seciudty linvolce pdf 197.33KB x Before Photos* A minimum of four (4) color digital "before" photos of the improvement project. I Uploadi IZestaurant pk:s pdf 2.65MB x Funds* Proof of funds to complete the build -out. This can include personal and/or business bank statements or account information. I Uploadi Chase baiance,pdf 208.79KB x Building Copy of City of Boynton Beach building permit or permit application. Perm it/Application° Upload Perrrift letter, , pdf 543.94KB x Applicant/Landlord Applicant and landlord must sign and notarize. Signature Form* Upload Landlm,d lease pd,f 990.16KB Click here to download a AppHcanftandbrd Signature Form,, x https:/AlWeb.bbfl.us/Forms/f`orm/approval/2fcafeb6-9l2f-4eOO-af7e-a7gla8b88918 5/6481 5/17123, 4:30 PM Signature Application Date 5/512-023 Application Initial Eval PreviousNext .......... . . — — ---------------- neliWWW .... . ible issing Docume nts .. . . . ............ ............ hftps:/Afweb.bbfl.us/Forms/fomVapproval/2fccfeb6-912f-4eOO-af7e-a7gl a8b88918 e 482 From: Lynda Mondesir <margoskitchen63@gmail.com> Sent: Thursday, June 29, 202312:23 PM To: Durgan, John <DurganJ@bbfl.us> Cc: Villafane, Vilmar <VillafaneV@bbfl.us> Subject: Re: City of Boynton Beach Commercial Property Improvement Forgivable Loan Program Update Pics attached <image001.jpg> <image002.jpg> <image003.jpg> Lynda Mondesir On Jun 12, 2023, at 6:05 PM, Lynda Mondesir <ttiJu,�,°��5,lirmyimiuMgi,� M°MMirMF,> wrote: Good evening I will not be adding the security cameras. l will send you the documents needed tomorrow. I will have to go n take better pictures. Thanks Lynda Mondesir On Jun 12, 2023, at 1:58 PM, Durgan, John <i,��°°!�i�mui��> wrote: Good afternoon Ms. Mondesir, Thank you for submitting an application to the City of Boynton Beach's Commercial Property Improvement Forgivable Loan Program. After reviewing your application, we have additional question and/or will need additional information. Please see below. 1. The cost estimates submitted only total $13,500, but based on your application your project total cost is $16,000. According to your detailed project description, you will be "painting the dining area, kitchen bathroom, labor and materials, floor renewing and repairs". I did not include your security camera upgrade invoice as this was not included in your project description. 2. We will need better before photos. Most of the pictures submitted with your application are blurry. 3. The proof of funds you submitted to complete the build -out totaled $9,147.80. We will need to see you have the total amount of funds needed to complete the build -out. 4. Just to confirm, are you including security camera upgrades as a part of this loan program's improvement project? Please feel free to reach out to either myself or Vilmar if you have any questions. 485 Prepared is iu. Lynda Margo's Kitchen 4735 Congress Ave Boyton Beach, FL 33426 ProposW Cate 04/30/2023 Scope of Work Renewing & Repairing the interior for Margo's Kitchen. is rcFoaI IIMw°nb r CO # 191 Reference Margo's Restaurant Repair FEARLESS JC, INC 754-281-4409 1814 NW 38 Ave Lauderhill, FL 33311 Dining Area (Labor & Materials) $2,200.00 1 $2,200.00 Prep and Spray Paint Acoustic Ceiling with Black Paint / Option to Paint Ceiling A/C Ducts and Metal Beams with Black Paint Kitchen (Labor& Materials) $1,800.00 1 $1,800.00 Paint Acoustic Ceiling / Prep and Paint Walls / Prep and Paint Doors and Frames Dining Area (Labor & Materials) $2,550.00 1 $2,550.00 Prep and Paint Walls, Chair Rails, & Doors. Bathroom (Labor & Materials) $1,450.00 1 $1,450.00 Prep & Paint Walls and Doors / Prep Prime & Paint Chairs ($40/ea) Floor $5,500.00 1 $5,500.00 Renewing & Repair Subtotal Tax is ii'o os6l °°IIC°'bta: 111 (U&")) 13,500.00 0.00 $13,500.00 486 A 30% DEPOSIT IS REQUIRED TO BEGIN THE PROJECT AS STATED IN THE PROPOSAL UPON ACCEPTANCE. IF YOU HAVE ANY QUESTIONS, YOU CAN CONTACT ME VIA PHONE OR EMAIL AT: PHONE: 754-281-4409 .OR - EMAIL: 1 FEARLESSJC@GMAIL.COM . THANK YOU! 487 . ..... - - ------------ i . .................... CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT ACKNOWLEDGEMENT FORM COMMERCIAL PROPERTY IMPROVEMENT FORGIVABLE LOAN PRQGRAM List of Improvements: &...X A -w" r For Office Use Only City of Boynton Beach Reviewed by: Joh, Kuntzman Date., 05/17/2023 Permits required forsc.�-�c%xrity systeva. 488 1. Signature ilk LANDLORD INFORMATION 4-19-23 Date Title 2. Landlord's Signature Date Printed Name Title Notary as to PrincipaUOwner's Signatures - Multiple notary pages may be used H signing individually A"STATE OF: ��, COUNTY OF `��'�� .."� �� "�q(# 6�r. BEFORE ME, an officer dul autw to administer oathwha�slare a now4g„ nts, ,qon,by a personally appeared" me or produced �� as ide� Wally known, o so ification, and acknowledged helshe executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is hislher act and deed. IN WITNESS OF THE FOREGOING, I have set my hand d official seal in the State and County aforesaid on this day of 1 ,,;, "' °� � BELK4,M VEL1Z ' c Commission # GG 985785 Expires May 7, 2 �1'� p v ARY PUBLIC , , „� � mmF�oQ" eonded7hruEludgclNola° v ",� i My Commission Expires: 489 Are you receiving grantiloan assistance under any other governmental agencies: Yes — No V Landlord Name: MMG Meadows Square LLC Landlord's Mailing Address: 18610 NW 87th Avenue Suite204 w► "-9945, '; s ► �; +rr; he or she is authorized to sign on behalf of the ,,p 1, the undersigned applicant(s), certify that all information presented in this application, and all " the information furnished in support of the application, is given for the purpose of obtainingi loan under the City of Boynton Beach Commercial Property Improvement Forgivable Lo Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the ' fact that I can be penalized by fine andfor imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the City of Boynton Beach Commercial Propert� Improvement Forgivable Loan Program Guidelines ant +eq I understand that thisapplication is not a guaranteeloan assistance, and that award of a loan is at the sole discretionthe Cityf Boynton BeachCity isr Initials �01/c., � 490 BOYNTON B iff�yy,,, r%yH din- A C H APPLICANT INFORMATION 1 understand that the purpose of the loan is to further the City of Boynton Beach Department of Economic Development and Strategy's goal and objectives, and that the City of Boynton Beach may decline my application for any legal reason, including the reason that providing the award will not further the City of Boynton Beach Department of Economic Development and Strategy's goals and objectives. Should my application be approved, I understand that the City of Boynton Beach may, at its sole discretion, request repayment of the total loan amount at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the City of Boynton Beach Department of Economic Development and Strategy's goals and objectives. 1 hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the City of Boynton Beach, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the City of Boynton Beach or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information fumished in support of the application are found to be incomplete, it will be not processed. Initials,�� 491 MMG Meadows Square, LLC 9171 South Dixie Highway Pfinecrest, FL 33'156 100 E. Boynton Beach Blvd. PO Box 3,10 Boynton Beach, FL 33425 RE: MMG Meadows Square, LLC d/b/a Meadows Square 4701-4789 K Congress Avenue Boynton Beach, FL �33436 Folio#: 08-43-45-07-03-020-0031 To Whom It May Concern: is Z r aii serwe as Agent for MMG Meadows Square, LLC. Please be advised that Joel Beries or Jorge Alvarino as officers of Horizon Properties of Miami, Inc. are authorized to sign on behalf MMG Meadows Square, LLC, Sincerely, MMG Mea4owsJS'qupre,'LLC Marfin Pico Manager NOTARY: State of: FLORIDA County of: Miami Dade Sworn to and subscribed before me day of byMar-fin Pico, who is personally known to me. BEWSVELM Commbsion#GG986785 �Mp ,W ,0 STI Exores May 7, 2024 NOTARY NOTARY My Commission Expires,.,, 492 r E, APPLICANT INFORMATION JI Notary as to PrinelpaVOwnees Signatures - Mule notary Pages may be used If signing Ind/vldrrally STATE OF •�"° BEFORE ME, an officer cut autho ' y i ad inister oaths and take acknowledgements, personally appeared o is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed IN WITNESS OF THE FOREGOING, I ave set my hand nd o 'al se 1 in the State and CounfLafbresald on this 1 79 da of 206- QI A OV 1 tnt 1n 1% (ow.rTERRY A 050WSKI Notary Public -State of Florida Commisston / HH 112411 ' My Comm. Expires Oct 6, 2025 My Commission Expires: db-a-Rz2- 61 ca);s 493 IVA PROMISSORY NOTE September , 2023 City of Boynton Beach, Palm Beach County, Florida FOR VALUE RECEIVED, the undersigned ("Loan Recipient") promises to pay to the order of the City of Boynton Beach ("City") at P.O. Box 310, Boynton Beach, FL 33425 or at such other address as may be indicated in writing, in the manner hereinafter specified, the principal sum of Thirteen Thousand Five Hundred dollars ($13,500) without interest. The said principal shall be payable in lawful money of the United States of America, on (date) and in the following manner: The sum of $13,500 representing a payment of principal shall be due and payable one year from the date set forth above ("Repayment Date"). If, prior to the Repayment Date, the Loan Recipient provides evidence acceptable to the City that an amount equivalent to the principal or any part thereof has been paid by the Loan Recipient towards eligible expenses related to the Loan Recipient's commercial property improvement project, the City, in its sole discretion, may forgive that amount, in which case the Loan Recipient shall not be required to pay such amount to the City. Evidence may be provided at any time prior to the Repayment Date, and may be provided on an ongoing basis as such evidence becomes available. Loan Recipient must abide by all terms and conditions of the City of Boynton Beach Commercial Property Improvement Forgivable Loan Program in order to be eligible for the loan forgiveness described in this paragraph. This note may be prepaid, in whole or in part, without penalty, at any time prior to maturity. If payment due under this note is not paid within 10 days of the Repayment Date, interest on the outstanding principle shall accrue at the maximum legal rate until paid in full. In the event of default in the payment of this note, the undersigned hereby agree to pay all costs incurred by the City in collection, including attorneys' fee and court costs. This note shall be construed and enforced according to the laws of the State of Florida and nothing in this note shall be deemed to waive any rights of the City thereunder. 494 IVA PROMISSORY NOTE Makers waive demand, presentment for payment, protest, and notice of nonpayment and dishonor. (Loan Recipient Name, including d/b/a) (Authorized Signature) (Title) (Date) 495 6.G Consent Agenda 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Upgrade the Audiovisual (AV) system in the Utilities Department Training Room, utilizing the TIPS contract RFP 200904 Audio Visual Equipment, Supplies, and services. Requested Action: Requesting Commission Approval for the expenditure of $55,729.60 with AVI-SPL to upgrade the Audiovisual (AV) system in the Utilities Department Training Room utilizing the TIPS contract RFP 200904 Audio Visual Equipment, Supplies, and services. Explanation of Request: The Utilities Department training room needs an Audiovisual (AV) upgrade to enhance communication and collaboration among employees, customers, vendors, and consultants. The current equipment has reached end of life and the training room is only usable for in- person meetings. Currently the Utility Department only has one other conference room that has an efficient AV system and is often overbooked. As part of the Administrative Building Remodel construction project the AV system needs to be upgraded as soon as possible. AVI- SPL will complete this upgrade. Work Includes engineering, project management, CAD, on- site installation and wiring, coordination and supervision, testing, and staff training. How will this affect city programs or services? To upgrade the utility audio and video system so staff can work more efficiently. Fiscal Impact: Budgeted $55,729.60 in CIP Account 403-5000-533-65.02 WT2103 Attachments: TIPS Contract.pdf 425765-6. pdf 496 A Dellljartiivmia of Education Service Center Region% 4945 US 141g1tway 272, North, Pittsbuii'g, Uxas 75686, (8661854-. SS You have clicked on a link or otherwise sought to determine whether a specific TIPS Vendor on a specific TIPS Contract is EDGAR compliant. If the website states "No" to EDGAR compliance for that specific Vendor Contract, then the specific -TIPS Vendor on that specific TIPS Contract is not EDGAR compliant. If the website states "View Doc" to EDGAR compliance and you are linked tothis letter, then TIPS has ensured the specific TIPS Vendor's compliance with 2 CFR 200 on the specified contract to the extent a cooperative can do so, as described below. Region 8 Education Service Center (Region 8 ESC) is a Texas Education Service Center which operates The Interlocal Purchasing System (TIPS), a purchasing cooperative and department of Region 8 ESC. This document certifies that Region 8 ESC and TIPS made every effort to comply with the most restrictive requirements of 2 CFR 200, identified for educational purposes as the Education Department General Administrative Regulations ("EDGAR"). Please note that federal funds not sourced from the US Department of Education are likely regulated by 2 CFR 200 but are not technically "EDGAR." Each federal agency and its corresponding state "pass-through" agency may interpret 2 CFR 200 differently. TIPS certifies that it competitively procures all awarded contracts pursuant to § 44.031 of the Texas Education Code, or Texas Government Code § 2269, as applicable, the most restrictive procurement method, and performs the most restrictive procurement method required by law and regulation, including all of the necessary steps outlined in 2 CFR 200, except the Price or Cost Analysis for purchases of $250,000 and greater. (See below). This letter Le .Lyfles that the Vendor a r eed to those 2 CFR 200 contract,mvisions Lor the Mecilled contract However, this TIPS certification cannot relieve Members of federal requirements that cannot reasonably be performed by cooperatives. For example, 2 CFR 200 requires a cost or price analysis for purchases over $250,000,00, a threshold adopted by TEA and the US Dept. of Education. TIPS does not perform a formal cost or price analysis because TIPS is not the entity making the actual purchase of goods or services. If a Vendor is awarded then TIPS has determined that the pricing is within the competitive range for the Vendor's offering. However, when required by law, the TIPS Member must perform the required analysis on the specific goods or services before seeking TIPS pricing/purchasing from the TIPS Vendor and then upon completion of the purchase process. Additionally, due to the Texas Department of Agriculture Guidance ARM Section 17 ("ARM Section 17"), relating to Federal Child Nutrition Program Funds (Primarily Texas Public School Fund 240), requirement that all solicitations include specific quantities of goods or services purchased, TIPS Contracts are not in compliance with ARM Section 17 as a stand-alone purchase contract. This is because TIPS has no way of predicting which Members will purchase specific quantities of goods and services. However, for Federal Child Nutrition Fund purchases in which the ARM Section 17 required cost or price analysis has been performed by the Member, TIPS contracts may be used in conjunction with the Member's three quote process unless labeled with "No" as to EDGAR compliance. See also ARM Section 17.84 addresses purchasing through a "Third Party Cooperative that does not follow USDA _Pro " cMEement Regulations". This will include TIPS and possibly other cooperatives that do not specify the exact quantities and line items procured by the cooperative. See the latest ARM Section 17 here'. P .... . . . . ............................. . . . . ......... . .......... - ntract provisions., For our Members' benefit, we encourage you, when expending federal funds, to make certain that you understand and comply with any other 2 CFR 200 requirements that cannot necessarily be met on your behalf by a cooperative. We also encourage you to incorporate all 2 CFR 200 TIPS Contract provisions agreed to by the Vendor into all supplemental agreements you enter into with the TIPS Vendor, if any. While TIPS works very hard to ensure legal purchasing compliance on Members' behalf TIPS does not provide legal counsel to its Members, TIPS recommends that you consult your legal counsel when executing contracts with TIPS Vendors. TIPS reserves the right to change its process as necessary in relation to updated guidance, Thank you for being a Member of TIPS and for letting us assist with your procurement needs. SAR01242020 497 TIPS VENDOR AGREEMENT Between Audio Vis al Innovations, Inc. In (Company Narnne) THE INTERLOCAL PURCHASING(TIPS), Depairtiment of Texas Education Service Center Region for I IPS RPP 200904 Audio Visual Equipment, SuppCies, auird 'bervpcea General information The Vendor Agreement ("Agreement") made and entered into by and between The (Interlocal Purchasing System (hereinafter "TIPS") a government cooperative purchasing program authorized by the (Region Education Service Center, (having its principal place of business at 4845 SDS Hwy 271 INorth, PIttslburg, Texas 75686 and the' "ZIPS Vendor. This Agreement consists of the provisions set forth below, Including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth shaill control unless otherwiise agreed by the parties in writing and Iby signature and date on the attachment. A Purchase Order ("PO")" Agreement or Contract is the TIPS IMember's approval providing; the authority to proceed with the negotiated delivery order under the Agreement., Special teirms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding requirements, small or disadvantaged business goals are some, but not all, of the possible addendums. Freight All quotes to Members shall provide a line item for cost for freight or shipping iregairdlles.s if there is a charge or riots If no charge for freight or shipping, indicate by ,statim "No Charge"e "$0", "included in price" or otheir similar indication. Otherwise, aid shipping, freight or delivery changes slhall Ibe (passed tlhrough to the TIPS Member at cost with no markup and said charges shall be agreed by the NIPS IMeirnber unless alternative shipping terms are agreed by TIPS as a result of the proposal award, Warranty Conditions pp ' equipment n gy&!; r�r"s ,min. Baum ,sta.n a r warron!y unless � new supplies e uu irnent and services shall include 'i��...._. �..� ��..a�....�....._..__...........w_..,.�_�,_............__ otherwise agreed to in writing. Vendor shall be legally perrnItted to seep all products offered for sale to'TIPS Members if the offering is included in the Request for Proposal (°"IRIFP") category., All goods proposed and sold shall be new unless clearly stated in writing. Customer Support The Vendor shall (provide timely and accurate customer support for orders to TIPS IMernbers as agreed by the Parties, Vendors shalll respond to ,such requests within a commercially reasonable tiime after ireceipt of the request. If support and/or training is a line item sold or packaged with a sane, support shall be as agreed with the TIPS Member, TIPS Vendor Agreement X6022020 sr 499 Agreements for purchase will normally be put into effect by means of a purchase order(s) executed by authorized agents of the 11PS Mernber participating governirneint entities, but other innieans of placing an order may be used at the Mernber's dlscretioin. Tax exempt status Most TIPS Mernbers are tax exempt and the related laws and/or regulations of the controlfing juriisdiction(s) of the TIPS Mernbeir shall apply, Assignments of Agreements No assignment of this Agreement may be made without the prior notification of 11PS. Written approval of TIPS shall riot be unreasonably withheld. Paynnent for deliveired goods and servilces can oinly be irnade to the awarded Vendor, Vendor designated reseller oir vendor asslgrned company. Disclosures Vendor and,nPS affirm that he/she, or any authorized eirnplciyees or agents, has not given, offered to give, nor intends to give at any time hereafter any ecoinoirWc opportunity, future ernployment, gift, loan, gratuity, specW discount, trip, favor or service -to a public servaint in connection with this Agreement. Vendor shall) attach, in writing, a cornplete dieschption of any and all irelation.shlps that might be considered a coriffict of interest in doing business with the 'rips program. The Vendor affirms that, to the best of 11,-ds/heir kinowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other- vendors in the award of this Agreement. Term of Agreement and Renewals The Agreement with TIPS is for approxlrnately three (3) years with an option for renewal for an additional carie (1) consecutive year, If TAPS offers the renewal exte ns ion year, the Ve indoir Mlll be notif !led by ernaill to the primary contact of the awarded Vendor and shall be deerned accepted by the Vendor unless -the awarded Vendor notifies TAPS of its objection to the additional term, TAPS may or may not exercise the avaflable extension(s) provided in the original sokitation Ibeyond the base three-year term. Whether or not to coffer the exteirision is at the sole discretion of TIPS. "Start Date" for Feirrn Call ulation Purposes Only:: Regardless of actual award/effective date of Contract, for, Agreement "term" &Iculation purposes only, the Agree m e in't "stairt date"' is the last day of the month that Award Notifications are anticipated as published in the Solicitation Example: If the anticipated award date published in the Solicitation is May 2Z but extended negotiations delay award until June 27, The end date of the resulting initial "three year" term Agreement, (which is subject to an extension(s)) will still be May,31, 202.3. "Termination Date": The schedWed Agreement "terrnilruatioirn date" shall be the last day of the month of the month of the Original Solicitation's Anticipated Award Date plus thiree years, Example- If the original term is approximately three years, and the solicitation provides an anticipated award date of May,22, 2020, the expiration date of the original three year term shall be May 3.1, 2021 TAPS Vendor Agreerneint 06022020 sr Page 2 500 Extensions: Any extensions of the original terra shall begin on the next day after the dray the original term expires. Example Following the IPreviouas Example: If TIPS offers o ogre -year extension, the expiration of the extended term shall be May 31, 2024. TIPS may offer to extend Vendor Agreements to the fullest extent the original Solicitation perrmits. Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS IVleirnbers Resulting from the Solicitation and with the Veimdoir Manned in this Agreement. No Agreement for goods or services with a TIPS Member by the awarded vendor named In this Agreement that results from the solicitation award named in this Agreement, may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All irenewrrall terirms incorporated in an Agreement bythe vendor with the TIPS Member shall only be valid and enforceable when the vendor receives written confirmation by purchase order, executed Agreement or other written Instruction issued by the TAPS Member for any renewal period. The purpose of this clause its to avoid a 'THIPS IMernber inadvertently renewing aro Agreement during a period in which the governing body of the TIPS IMember has not properlly appropriated and budgeted the funds to satisfy the Agreement renewal. This term Is not negotiable and any Agreement between a TIPS Member and a TAPS awarded vendor with an auotormatic renewal clause that conf'iicts width these terms is rendered void and unenforceable. Shipments The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Mem°nber, If a delay in said delivery its anticipated, the Vendor shall notify TIPS Mernlber as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS orthe requesting entity may cancel the order if estimated delivery'dime is not acceptable or not as agreed by the parties. Invoices Each Invoice or pay request shall include the TIPS Member's purchase order number or other identifylrog designation as provided in the order by the TIPS Member. If apphcablle, the shipment tracking number or pertinent information for verification of TIPS Member receipt shall be made available upon request, Payments The 'DIPS Member will male payments directly to the Vendor, the Vendor Assigned Deaner or as agreed by the Vendor and the 'TAPS Member after receiving invoice and in compliance with applicable payment statute(s), whichever is the greater time or as otherwise provided Iby an agreement of the parties. (Pricing (Price Increases vwHI be honored according to the terms of the solicitation. Ali pricing subnnitted to TIPS shall Include the participation fee, as provided in the solicitation, to be remitted to TAPS by tlhe Vendor. Vendor will not show adding the fee to the invoice presented to TIPS Member customer. (Participation Fees and (Reporting of Sales to TIPS by Vendor The Participation Fee that was published as part of -the Solicitation and the fee published is the legally effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code 731.01.1. Et seq. Fees are dune on all TIPS purchases reported by either Vendor or IMemlber. Fees are dine to TIPS upon payment by the Member to the Vendor, IReselller or Vendor Assigned (Dealer. Vendor, 'Reselleir or Vendor Assigned Dealer agrees that the participation fee is duce to TIPS for all TAPS Vendor Agreement 06022020 sr Em 501 Agreement salles immediately upon receipt of payment incUing (partial payment, from thnae Merrnlbeir Entity and must Ibe (paid to TIIIPS at least on a monthly basis, spechfically wwithnin 31 calerndar days of receipt of payment, if not irnore frequently, or as otherwise agreed by TI PS in writing and signed by an auuthnroidzed signatory of TAPS. 'Thus, when an awarded Vendor, IReselllleir or Vendor Assigned Dealer irec6ves any amount of payment, even partial payment, faor a TIPS sale, the legaily effective fee for that amount its immediately due tro ' IPS from the Vendor and fees due to'fflPS shroAd be paid at (least on a monthly basis, .specifically within 31 ralenndar days of receipt of payment, if not moire frepuuendy, Reporting f Sales t TAPS Iby Vendor Vendor is required to report all salles under th e TIPS contract too TIPS. When a public entity initiate's a purchase with a '1flPS Awarded Vendor, if the Mer nlber inquires vaerlbaHy or in writing vwlhethneir the Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether or not the Member its seelding a TIPS purchase. Once verified, the Vendor irrnuust include the TIPS Contract number on any communications and related sales documents exchanged with the NIPS Member enflty. 'To report sales, the Vendor must login to th e TAPS Vendor ..... mm um..amd chick on the PO's and Payments tab. Pages Portal aomliin� at ��mt�"t..��'r..��'i.�rm�-uu.�wtporrm�o.��urrvi�.. 3-7 of tune Vendor Pofta.@..W�r�o''�r, maid( will wail( you through the process of reportingsales tau'flPS. Please refer to the TIPS Aft atumn� i.iu..iuf�..FAQ's for more information about reporting sales and if you have further qnuestiiorns, contact 'the Accountfing damn at unu;uEtr�n�,u °ossa ~�t;�i,. 'The Vendor or vendor ;assigned dealers ars responsible for, keeping record of alll sales that go through the TIPS Agreement and submitting same to TIPS., Failure tao render the participation fear tro TIPS shall constitute a breach of -this agreement vwith our pairent governmental entity, Texas Education Service Center IRe iorn , asestablished by tbae Texas legislature aired shnafl1 be grounds for termination of this ;agreement and any other agreement held with 'TIPS and possible legal amtion. Any aoveirlpayrment arof particiipatliaon fees too TIPS by a Vendcor uwillll be refunded tao the V rndor ithmim rniinety (90) days of receipt of notification if TIPS receives written naotificafl on of the overpayment not later thnarn the expiration of six (6) months from the date of overpayment and 'flPS determines -that the amount was not legally due to TIPS pursuant to this agreement and applicable laww. It its the Vendor's iresponsibility tco identify wMch salles are NIPS Agreement salles and pay the correct parflcipation fee due forTIPS Agreement sales, Any notification of overpayment received by 'NIPS after the expiration of six (6) irnonthns frsonm the date of overpayment will The neon -refundable. IRe&n 8 ESC and UPS reserve the right to extend the six (6) month d adiin e tro notify if approved by the Region 8 FSC Board of Directors. TIPS reserves all rights under the law tao collect the fees due. Please contact TIPS at tips@'tips.-uusa.caoumn or mail (866) 839-8477 if you have questions about (paying fees. Indemnity The Vendor ares to iindemrnnify and hold harmless and defend TIPS, TIPS lV embeir(s), officers and ernpl oyees 'fraoirm and against all cllaiirns and suits by 'third parties for damages, injuries to persons (including deaths), property damages, losses, and expenses including court costs and reasonable attorney's fees, arising out of, or resulting fraorurn, Vendor's performance underthis Agreement, lincluftg alll such causes of action based upon common, constitutional, or statutory law, coir (based in whole or lin part, uulpoun allegations sof ne lii uerut or imtentiaomal arts corn the part of the Vendor, its uofficeirs, employees, agents, subcontractors, licensees, or iinviitees. (Parties found Hablue shall pay their proportionate share sof damages as agreed by the parties or as ordered by a court of onpetent urisdiatom over thrasa. NO . �LS MI n'f FOR DAMAGES u_�w... -. CFk._DAMAGE. _ ................_ TT. ... ... IR IEIE.D,,,B C T11P IE IONS. Per ...IEIRIL INJURY....... ....E PIEMI.-.._. Texas Education Code 44,032(f), and pursuant 'to its requirements only, reasonaWe reasonableAttorney's fees are recoverable by the prevafling party in any dispute resulting in Rigation. Stag of T xas Franchise Tax By signature hereon, the Vendor (hereby certifies tlhat he/she its not currently delinquent num the payment of UPS Vendor A reacomen-t 06022020 sr 502 any franchise taxes owed the 'State of Teas under Chapter 171, Tax Code. The Vendor acknowledges and agrees that continued participation in TAPS is subject to 'TAPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. (Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. 'TIPS reserves the right to request additional proposals for items or services already can Agreement at any tiirne. Purchase Order Pricing/Product Deviation If a deviation of piricin /piroduuct on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (S) business days of receipt of change order. Termination for Convenience of TIPS Agreement Only 'TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days pricer written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior tea the actual termination of this agreement shall be (honored at the option of the TIPS Member. The awarded endear may terminate the agreement with ninety ( 0) days pricer written notice to TAPS 4845 US Hwy North, Pittsburg, Texas 75686.. 'The vendor will be Ipalid frau goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement. 'This termination cllauuse does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination fear convenience clause that meets the needs of the transaction based on applicable factors, such as funding .sources or Cather needs. "PIPS Member Purchasing Procedures Usually, purchase carders or their equal are issued by participating TAPS Member to the awarded vendor and should Indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emalled to TIPS at tipspoa@tips-usa.corn. 0 Awarded Vendor delivers goods/services directly to the participating member. 0 Awarded Vendor Invoices the participating. TIPS Member directly. 0 Awarded Vendor receives payment directly from the participating, member. Fees are due to 'TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, Frorxn the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS. Licenses Awarded Vendor shall imaiintain, in current status, all federall, state and (local licenses, bonds and permits required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain reasonably fully informed of and in compliance with all ordinances and regulations pertaining tea the lawful provision of goods or services under the Agreement. TIPS and TIPS Members reserves the right for stop work and/or cancel ars order or terminate this or any other sales Agreement of any awarded Vendor whose Ilicense(s) required for performance under this Agreement have expired, lapsed, are suspended or terminated subject to a 30 -day cure period unless prohibited by applicable statue or regulation. TIPS Vendor Agreement 06022020 sr 503 It awarded Vendor sells am transffers alll assets, rights or the entire portion of the assets or rights required toy perform this Agreement, a successor In interest must guarantee 'to perform all umbfi atlomns under this Agreement. A .simple change of name agreement will not change the Agreement oublH aflons of awarded vendor.TIPS will consider Contract Assignments on a case Iby case basis. TIPS must Ibe notified within flare QSb business days of the transfer of assets or rights. Site Requirements (only ane applicable to service r. j b) Cleanup: When performfing work on site at a "ATPS Mennber"s property, awarded Vendor shall clean up and remove all debris and irubbish resulting ffroom their nnrnrk as required or directed Iby TIIPS Mem bear or as agreed by the parties., Upon completion of work, the premises shall The left in good repair and an orderly, neat, cllean and unobstructed condRiioun. Preparation: Awarded Vendor shall not begin a project for which 'MPS Member has inot prepared the sato=, unless awarded Vendor dozes the preparaflon work at no cost, or uuntull TIPS Member includes the const of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring ffozr networks or power, and similar pre -installation requirements. Registered sex offender restrictions; For work tam be performed at schouoalls, awarded Vendor agrees gnat no employee of a subcontractor who Inas been adjudicated tox be a registered sex offender will perform work at any time when students are, or ireasonably expected to be, present unless otherwise agreed by theTIPS Member. Awarded Vendor agrees that a violation of this condi-don shall Ibe considered a material breach and may result in tine cancelllatlon of the purchase order at the TiP.S Members discretion. Awarded Vendor must identify any additional costs associated with coamphance of this term. If no costs are specified, compliance with this term will Ibe provided at nog adcl tlonall charge,. Safety measures: Awarded Vendor slhnallll take all reasonable precautions ffor the safety of employees on tine worksite, and shalll erect and properly maintain all necessary safeguardsfor protecdon of workers and tine public, Awarded Vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken puursuuant toz state lawn and .standard pnacHces to protect workers, general public and existing structures ffrom injury or damage. Safety Measures Awarded Vendor shall take all reasonable precauutlons ffozr the safety of employees on tine wozrlksRe, and shall erect and properly maintain all necessary safeguards for protection of workers and the puublic. Awarded vendor shall post warning signs a ain.st all hazards created by the operation and work in prowess. Proper precautions shall be talken pursuant to state lane and standard pracOces toz protect workers, general public and existing structuresfrom injury or damage.. Smoking Persons working under Agreement shall adhere to the 11IPS Member's or, Ilocal smokfing statutes, codes or po fides. Marketing Awarded Vendor agrees -to allow TAPS toe use their name and logos within TAPS wvelbsRe, marketing materials and advertisement subject 'to any reasonable restrlctiioins provided to 'TIPS in the Proposal to the Solicitation. The Vendor may submit an acceptable use directive for Vendor's names and logos with which TIPS agrees to comply. Any use oUTiPS name and logo or any ffozrm of publicity, inclusive of press release, regarding this Agreement by awarded vendor must have prior approval from TiPS which will not be unreasonably withheld. Request may Ibe made by email to Ti IIIPS@TIIPS-V.USA. OM., Supplemental Agreements TIIP.S Vendor Agireernemt 0602202tU,_sr 504 TheTIPS IMembeir entity participating in the TIPS Agreement and awarded Vendor irrnay enter into a separate Supplemental Agreement or coantiract tou ffaurtheir define time ievuei of service requirements over and above the minimum defined in thiis Agreement such as but not hirmited 'to, invoice requirements, ordering regWreirnments, specialized delivery, etc. Any Suuppllemnentall Agreement or contract developed as a result of this Agreement its exclusively betwwoeen the TAPS Member entity customer and the Venndoir.. TIPS, its agents, TIPS Members and employees moat a paartyto thne Supplemental Agreement with the TIPS Member customer, shall not be made party to any claim for breach of such agreement unless roamed and agreed by the Party in question in writing in the a ireemnemt.. If a Vendor submitting a Prmlpoa.sall requires 'TIIP.S and/oar TIPS 110emnbeir to sign an addhtionall agreement, those a ireerments shall comply with the award made by TILS toa the Vendor. Sauppiemnentai Vendor's Agreement doacaurnents may not become part of TIIP.S" A ireemnent with Vendor unless and until an authorized irepresentative of TIPS reviews and approves it. 'TIPS review and approvall may be at any time during the life of tlhnis Vendor Agreement. Tin's permits TIPS Members to negotiate additional terms and conditions with the Vendor for the provision of goods or services under the Vendor'sTIPS Agreement so long as -they do not mnateiriahlly conflict with this Agreement., Suairv°ivall Clause MI appkablle sales, (leases, Supplemental Agreements, contracts, software license agreements, warranties or service a ireerrnemts that were entered into between Vendor and TIPS or the TIPS Member Customer under the terirms and conditions of -this Agreement shall survive the expiration ortermination of this Agireerneint., All larders, Purchase Orders issued or contracts executed byTIPS or a TIPS Mernbeir and accepted by the Vendor prior to the expiration or terirmhna-flon of tlhis agreement, shall survive expiration or termination of tine Agreement, subject toa previously agreed terms and conditions agreed by tine pairtiies or as otherwise specified herein irellatin tom termination of thiis agreement., Legal obligations It is the responding Vendor's responsibility to Ibe aware of and conirmplly with alll (local, state and ffederall laws goveirining the sale of proaduuct.s/seirvices identified in tlhe aplpkablle Smiiciitatioan that resulted hn this Vendor Agreement and any marded Agreement thereoff.. Applicable (laws and regulations must Ibe followed even if not specifiicaliy identified herein.. Audit rights Due to transparency statutes and public accountability requirements of 'TIIIPS and TAPS Mermbers the awarded Vendor shall, at their .scale expense, rmahntain appropriate due dilli ence of all purchases made by 'TIPS Member that uutiihhzes this Agreeirneint. TAPS and Region 8 PSC each reserve the right to audit time accounflng coif TIIIPS related purchases ffoar a period of three (3) years ffroamm tine tirne such purchases are made, This audit night shall survive teirmmiinatiomn of thnis Agreement for a period of one (1) year ffiroairm the effective date of teirmninatioin. In order tom ensure and confirm compliance with thiis agreement, 'TIPS shall have authority 'to conduct audits of Awarded Vendor's piricing or 'TIPS transaction documentation with 'TAPS Members with 30 days' notice unless the audit is ordered by a Court Order or by a Government Agency with authority to don so without notice. Notwithstanding tine foregoing, in the event thatTIPS is made aware of any (pricing being o feared toa eli iblle entities that is materially iinconsistemt with the pricing aundeir this agree irn ent,TIIIPS shall have the abiky to coainduuct'thee audit internally or may ern a e a third- party auditing tiirrnn to investigate any possible moan- compliant conduct or may terminatethe Agreement according to the terms of this Agreement,, In time event of an audit,the requested materials shall) be reasonably provided in -the time, fforrmat and at the location acceptable to Region 8 ICSC car TII IPS. TAPS agrees notto peirfoarirm a iramdorn audit the TAPS trarnsaction documentation moire than once per calendar year, but -reserves tine ri lht tan audit tear just cause or as required by any governmentall agency or court with regulatory authority over TAPS oar the 'TIPS Member„ Tags Vendor Agreement 0602202O,_sr 505 Force Majeure If by reason of Force Majeure, either party hereto shall be revidered unable wholly or in part to carry out its obligations under this Agreement then Such party shall give notice and -full parflculairs of Force Majeure in writing to the other party within a reasonable time after occurrence of the event oir cause relied upon, and the obligation of the Iparty giving such notice, so far as It is affected by such Force Majeure, shall be suspended during the continuance of the inability then clainied, except as hereinafter Iproyvided, but for- no longer period, and such Iparty shall endeavor to rernove or overcome such Inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor, and TIPS/ESC Region 8 and any addenda or otheir additions resulting from this procurement Process, however described, shall The governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws pirindples. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued byTIPS resulting frorn or any contemplated transaction shall be brought in a court of competerrtjurisdlcticm k -ii Camp County, Texas and each of the Ipairties Irrevocably SUbmits 'to the exciusive jurisdiction of said court In any such proceeding, waives any objection it may now or hereafter have to venue orto convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement 1process or any contract resulting from or any contemplated transaction in any other COUrt.The parties agree that either or both of them may file a copy of this (paragraph with any couil as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or 'to convenience of forum. Process in any Proceeding referred to In the 'First sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp orTrtus County, Texas. Project Delivery Order Procedures The TIPS Member Ihaving approved and signed an interiocal agreernent, oir otheir 'TIPS Membership dOCU inent, may make a request of the awarded Vendor undeir this Agreement when theTIPS Member desires goods or services awarded to the Vendor. Notification irrnay occu r via p1hone, the web, courier, email, fax, or in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS Member's request as soon as possible, but must make contact with the TIPS Member witWin two working days. Status of TIPS Members as (Related to This Agreement TIPS Members staind in the place of TIPS as related to this agreennent and have the sarne access to the proposal informatlon and all related docunnents. 'TIPS Membeirs have all the same dghts under the awarded Agreement as TIPS, Vendor's Resellers as Related to This Agreement Vendor's Named Resellers ("Resellers") under this Agreement shall cornply with all -terms avid conditions of this agreement and all addenda or incorporated documents., All actions related -to sales by Authorized Vendor's Resellers under this Agreement are the responsibility of the awarded Vendoir. If Resellers faill to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual fallures and shall be bdied for the fees. The awarded Vendor may then recover the fees from -their named ireseiller. 'TIPS Vendor Agreement 06022020 sr Em 506 Support Requirements If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded Vendor's TIPS project files, documentation and correspondence related to the requesting TIPS Member's order. If there are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law. Incorporation of Solicitation The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for qualifications solicitation, or other, the Vendor's response to same and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim. SECTION HEADERS OR TITLES THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. STATUTORY REQUIREMENTS Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270. By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. You certifythat your company is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at tis a utg. allcu w� ry w� iuu u � suo�.L . du a; ii: to st, You certifythat if the certified statements above become untrue at anytime during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor's letterhead from and signed by an authorized representative of the Vendor stating the non-compliance decision and the TIPS Agreement number and description at: Attention: General Counsel ESC Region 8/The Interlocal Purchasing System (TIPS) 4845 Highway 271 North Pittsburg, TX,75686 And by an email sent toIl)iids@I:ilps..ii.�sa,coin Insurance Requirements The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: General Liability $1,000,000 each Occurrence/ Aggregate Automobile Liability $300,000 Includes owned, hired & non -owned TIPS Vendor Agreement 0E022202O__sr` Page 9 507 orIkers" Compensation Statutory Iurnuts ffor the jurisdiction fin which the Vendor performs under tlhun.s Agreement. Umbrella Liability $1,000,000 When time Vendor or its subcontractors are liable ffor any damages or claims, the Vendoir"s policy, when the Vendor its responsible ffor the claim, must be primary over any other valid and collectible insurance carried by the Mer. nlbera Any immunity avanllalble to TIPS or TIPS Members shall not Ibe used as a defense by the contractor's insurance 1policy. The coverages and fiirniits are to be considered minimum requirements and in no way limit the flalbulluty of the Vendor(s), Insurance slhalll be written by a carrier with an A-; VIIII or better rating in accordance wwAh current A.M., Best Key Rating Guide. Only deductibles applicable to property damage are accelptable, unless proof of retention funds to cover said deduuctulbles is provided. "Claims made" pol"ucue.s will not be accepted. Vendor's required miniimnuurn coverage shallll not Ibe suspended, voided, cancelled, non -renewed or reduced in coverage or iin limits unless replaced by a policy that provides the minimum required coverage except after thfurty (30) days prior written notice Iby certified m aii, return receilpt requested has been given to TAPS or the'TIIPS IVlembeir If a project or pending defivery of an order its ongoing. Upon request, certified copies of all insurance policies shall be ffuurnished to the'TIPS or theTIPS Member, � 0 Orders.- AN Vendor orders ireceNed ffrorn 'TAPS Members must be emaulled -to TIPS at flpspo@flps.-. uusaxom, .Shouuld a TIIIPS IMern ber send an order directlyto the Vendor, it us tune Vendor's responsibility to forward a copy of tune order to TAPS at the emaiill above within 3 Ibnusuness days and confirm its receipt with TIPS. Vendor Encouraging Members to bylpass'TAPS agreement: Encouura ung TIPS Members to purchase directly -from the Vendor or through another agreement, when -the Mehr ber has requested using the TIPS cooperative Agreement or price, and thereby Ibypassing the TIPS Agreement its a viiolatuon of tlhe terms and conditions of this Agreement and wiilll result In removal of tlhe Vendor ffrorm 'the 'TIPS Program.. 0 OrderConfirmation: Alli TAPS I ermber Agreement orders are approved dully by'TIIPS and sent to the Vendor, The Vendor should confirm ireceipt of orders to the TIPS Member (customer) within business days. ® Vendor cuustorn website ffor'TIPS„ If Vendor Is hosting a custom WS website, updated pricing when effective. TIIPS shall) Ibe notified when )prices change In accordance with tlhe award. 0 Back Ordered Products: ffff product its not expected to ship wwlthun -the -time 1provWed to the TIPS Member by the Vendor, tlhe Member is oto be notified within 3 business days and appropriate action taken based on cuustormer request. 'The TIPS Vendor Agreement Signature Page its inserted Ihere„ TIPS Vendor Agreement 06022020_sr WIM 508 TIPS Vendor Agreement Signature• Company Name Au ft Visual�M novaflo ns@ h-'wc. Address 6301 Benjamin Road, Suite 101 City_TarnpaM ....... ................�ww.._........_ ._ ......... .. State FL Zipµ 33634 Phone Phon _J41. J 88 716 ......M.....� ..... ----------- —— Fa � (813). 2-9,508 Email of Authorized Representative Steve.Papmer-@av°sp�.com.� ..... __....., Name of Authorized Representative .....Steve Papa.ergqu._.....................................................,,,,,................................. w__ ......_. Ti le Chief Nnarncia0 Officer Signature of Authodzed Representative Date 0/07/2020 SIPS Authorized e rPse�tative Name MEREDI7 B. 7'ON . . ......... ........ ....... ...... a w....... .... 00000..... TMe CHIEF OPER.A7'ING OFFICER TIPS S Authorized Representative Signature _�.�� k.., ... Approved by FSC Region ,..........."� mm�� .., � .*....� .� ._..__. �... _.. __ ........._......�_ .. _�. leate12/16/20 0 .........................�.......�. 509 510 200904 AVI SPL Supplier Response ElEvent hriforum atiiii Number 200904 k...[ 111 mm Audb'Viskjal EqWpiment, Stjpplies, and Sen,tices Fype: Request fouFliroposal Issue 1,)ate: 9/3/2020 Deadflna� 10/16/2-020 03��00 KA (C F) Contact Information AddreslRegion 8 Educalion SenJce Center 4845 US fighway 271 1North Pittslxjrg, "rX, 75686 Phoiine: m,,l (866) 839-847 7 Eiimailk. Nds@6ps-usa.com Page I of 24 pages Vendor. AVI SPL 200904 511 AVI SPL, Information C ontm r; A; C ii ndy Turner Addres&l 6301 Benjamin Road Suite 101 "y ��3 ,ran n D , Fl.. 33634 Phone: (813) 884-7168 rxmaWIU.@av,i p�.conm By Rlbirrnlittirg your irrn lyuuirnrmrn, you riser ffy that yrriu r re authorized'to repiresent arnd Ibind your company, �v IIbsruB°n Signature . .. . ..................... ......�...........................000.o....�..........�..... .............. ................ ,.,._.._.... _..... ....... Submitted at DQD✓1612-b2b 12:03:00 P IIIA IIIc VIII IW"° Note 1 ..IC y''''rnai'D ft iUs our IpWeasure to confinue to girow bwuu fMes togethur° With TIFIS! We have added a several riiew vendorsand r seiir liicehmnlUr e that can be used across the U& These aMitions Ml ceptaiNy incirease contract Afizabon across the 1.1, it°rnUiate .rr�rrirrrr with overthe Ua sQ few years and we IUrurrrll forward to wouking togetlrrr f rur mainy yearstomain"come. Worn pprecr atii un..... Jay IIBosctii, Director of State, Local Goveirnirneint and Y: d ucatiirmun (SLED) Cour, North Anieidca Reauested AttadIvrinents rrrrrrl rur Agireernerit 200904, e nbrmir Agireernent.IFnbW The veinbrnr must dMniload the V ruaw oir Agreement from the attachirneint tab, fiillHl Wn the requested iiurfu rinrn fl:'uo n and nupilo b the crurn~nlFmWeted agreemeiril,. DO NOT UNL...D'.W A ernciryy�Weid oir password yir �tec.t b fies. r° rrr r t Sk"Firliature F rrr"n 200 904 Agirrumrrrmnert Ii g ri at ii,,i ......1Forrrrr-.,Iyur rniurted,,lydf IF you have ruum�ttaken excei°flon or deviation to W:4.e agreerneint W ini uumage Bun the sok6taflon ttrflbu�tes, dowMoad fere GW:'RE[:':bWBW°� W" T yFIII INIAT URE IF y�ulR Frruurn the ap ..B...y CJIffl IBiiiii!]N,l..F'C3 - tr ly...lU..lNii IF�IDF ru ociii.n nrrirnt is�iillllaMe form, yDrmmrunnlload the docuuurnrnunF to yrni.,uir coirnputer, PIW lii n the irrn^rlrurrsted coir pan Wrmfoirrnati°io n„ yirBrnt the Mille, SIGN th e forum, SCAPI FI4r 'nunirrnpWet d and signed GWyIIC:EBrlFAENIy ' W IPrWayFFURy: FORM, i, and uyWrunu d Brurira . If you have taken n exc,,rrlp bo n to any of the agreement IWn, i.uru rr and rn Drmb the rmurcelyW: of n in the br vk:ifioirnrr secflon ofthe nFFmlilbn.uDun for the agii a irrnent, rerrnirnnp.n ete theBy�.yWBD ENW " Br"�y�°"J ..FJ!WylW:iii: FORM, but IC"DO NOT Wu�. N r.ui nFBB those deviafio n^s r. Ihmave Fnr~uunmirn iruu„ otil ted and rrrmnrullmurub with TIPS mmn rn geim ent. UIWr oad trne unsigned Frarimn heire, Ibecause thnii Bs r re u.uBirrnb dun cur°rn rnt. Pricing IWurrr heel 111 ViSR.., 200904 B:sir.Ba..nBirnry_Frnirinrn,......1 IB° -WB AL.pdf The vendor r Ust bnun rnBrnad the IPiRWD:;ING Sy"Iry.EEAJW...B IBE. -IB. INlWylyu..B Fr irmn the FF urlhnme nt Dumb„ FBWII in the requested rnibrirun tknnn and upiloa F the oirmnpyiet blyir ru sheet„ Drub NO ' Lb1PLOAF.WD encrypted ted or Ipassword protected ffle . Pricing Spreadsheet AIVISPL 200904 Pricing, .., f rrmn- IF NAL.I yf yin n robs r must dowMoad the IB-IMIIIWyG SIi:°'[ EADy HEET SHEE..0 frourn the aD�tn:Ihnrrn irnt Dab, FBBW Bin the requested Birnfumnrmnu tW orn and uupWrm b the crurmnlFuWru ted spreadsheet. DO Nuy..I.. UR...0AD encrypted or password IyrnnD.nuanted F4es,, Page 2 of 4 n^eyes Vendor AVJ SPL 200904 512 Referwices References WkSl: II',!hrM pd,f IIhe veindor must dovvn0oad the References spreadsheet firon-i the attachimeint tab, f0il lien the requeslked Ninfoirimatioin and Upload the cn:)iinplleted spreadsheet, DO II'�O � UR OND encrypted or Ipassword l!)rotected fHes. 1it Ip Goods airid Services Ad6flcrin6i kifoinimation, O IPS 200904 1pdf i!!lilease upknad oine or rnn:)re docurrierits or, sheets describing your offerings, Hine cards, catalogs, iir[rs to ofteii,ings 0IR hist tirriks to yoii,,rir offerings thiat HHustrate the catallog of proposed Hnes of goods aiihd or seirvpces you cainry and offeir under tills prqposal. I does not halve to Ibe E':xhaustive Ilrrut should, at a r61nrrnuini tell US What YOU are offeiring IIIc coi,fld We as srmple as a sheet wfth YOUllIIink to your oiNine catapog of goods aind se14ces, DfNIANBE Certificafloin OPTKYNXI No response DAM/WBE Ceirfificaflon docuirnentation may lye scanried arid uploaded if you des01re to d00r yoiur status as oirre of ittle idenfified enterpn ises, (1-AsadvantagE)d Business Enterprise, Minority IIBuusiiness Entertniise and/or Wonian '3ushless iI!!!!!!!!nterpiise) �f veindor has more than one cerfificafion scan into ore rl=limeirit. (l!!lDF Foiriviat U% Y) DO NOT UR OND eni.-irypted or 1password protected ffles. Wairraurty AAS!!!'I, Warrairty Il inforination t1df Warranty infory'riakm (lif appflcatfle) must be scanned and Uirloaded. (RN!- Forinat G114LY) [)0 NOT UPLOAD eiricirypted or 1passweoird protected files, Sqpplemevitaiiry No resporpse SlUpplenientairy inforinatrion may be scanned and upiloaded,, (Cornpany information, birochures, catailloqs, etc.) (Fl[)F [!!iorrnat (Al Y) DO NOT tJPL0A() encrypted or password protected ffles, AR Other Cerfificates No responsle AH Other Cerfificaties (H' nRpphcabile) rnust be scanned and uplloaded. If veindoir has inore than one other certfficaflo n scan Nnto one documeirt (PDF Forimat U'qil,Y) �I11)0 NOT LIFT t..OAD encrypted i.,,rr password protected ffles. o90 and Other Coirnipany Marks No response 1 you desre, Ipllease t,rpfload your cornparry Vogo to be added to your ondividuW pro'Ne page on'the TH'S wet)slte. ffairry parftUilar specdlcaHcrns are reqUired for Use of your con-npariy logo, Ilnleese upload that 0irnforrnrafion iiii,rdeii the Suppilenientary section or anotheir noin required secHon under the '1!!Zesponse Attachineii,it" tab. Il�lirefpinred Logo J:��orrnah� 300 x 225 lPX ....ping, eps,.)peg pireferied Coinflict of Interest Ilyouru i ONLY REQUERED CONF1 ICT ds rs I�nEllllllD I H No rosponse 11114S I RUCTIOINS IREQ1,fl RED II IW A, CONR JCT IWXilS IFS ILII Rl''RE IINS11RLJCTpONS Conflict of Interest IWrnlrnrn for "Vendor's that are reqiiAired to submit the forn°i, The Conflict of inleres( Forim lis liiriciuuded liirn the Base doeneints or carr be fOUnd at 0nttlpso//www,fllps-,,usa.coo-ni/assets/docu�l,neii°its/does/(.,lllQ,,)df,, Ceirti,ficate of Coopoirzte Offeirer COMPI,IG TE ONI ,Y IIIF lylldERIII III RPIIS XI ION No iesponse COMPLETE AND UPLOAD FORM H14 ATTACIMENTS S[EGPION ONLY F S AlylyllwrWulYW 'll to ll"W Disclosure of ��I obbying Activities Staiindard Form I I L No response OhR Y R' YOU answeiied "I HAVE IloUbied Iyer above" to attribute #66, pilease dew inGcrad and corqAete and Upload the Standard Form -1 ] J— "drscllosure IForlm to Rei!)orf Lobbying," in the [Response attac[hrnien0s sechoin. Coinifidentiality Form ) �� q CONFfl Eii! TIAt-pdf IREQLHRED CONRDEW]ALPY G /:WRIT C lorripilete the fermi accordiing tO YOUr compainy reqUireirrients, umake any desired attach a)enls and upload to the appropriate section under `[Respoinse Attac[)ments" 1 FflS [!!GRIA iI10W ESC81'flPS RESfl0tlJDS TO II[=GN F)UBLAC UVORMATION REQUt!!!!'!!STS Ciuriront W-9 I ax Forirrii 2 02 0111111W 9,,,,,,AVi. Ipdf You are reqairedIby `PH!!!'�S tO Lllr0oad a current W-9 Ilunterrnell Revenue Service (If!'tS) Tax i!!!orrr ft)ll'year ently. III his forini Wlit be titHized by 11PS to propleirily identify your entity. Additron;@Hy, ff not des0 rnadt d "Con fidervt4" in, yoix, prqposat resp: onse, this W-9 innzV Ilene accessed Iby IpII IWS Mernbers for the Ihnulrgose of making] [�'S IIDulrchases from you lir.r the everrt that you are awarded. 0f YOU wis[vto designate YOUr required W-9 confideriflW, please do so accor61ng to the tenins of the ConfideriflaHty 0aiirn Form which is an attachment to this s6icrtafion. ..... . . ........ . .... .. Page 3 of 24 pages Vendor. AVI SPL 200904 513 IIIR, Atta&hments GERI I1'ICAI IGN OF COIRJlf-IORATE 01]:EIR.IE R Cerfificabon of Coqpoirate Offclor ""'I IIII JII ......... .... pdf Confideinfiaf MSC�O`Wire [:`orim and copy of ConNdentW Mateirialls 2020 W-9. AVI pdf Auft ViSLJaf innovations, Inc. W9 Rid At"hibutes 1 1I Yes No Dsadvantaged/lOunoruty/Woviiern Busniess [::riterpirlise,- DAMANBE ( Iii qUired Iby sorne pairficipafiing goveirnrneinW entifies) VEMdoir ceirthies that their firrr� ��s a D/WWBE? Vendor irnust upknad proof of ceitifkaborr to the "Response Attachi�nents" DAMAME CERIIDCA FES sectJoiri,, R�� Hlistodcaiiy UnderufiHzed E� usiness - �� IUB (Required �by some part�6�pafing govern rnentai enfifies) Vendor cerfifies that th6r'firirn is a i IUB as deflmoi by the State of Fexas at hUpsl/com ptf'611eir, texas, gOV/�PLJ irchasing/ven ckn/hujb/ sir hi a IllIUBZoine as deflined Iby the iJS SrnaH BusMess Adrnlirnstrafion at Ifn�f:taps,//www,,sbcr,,gov/oi'fces/Iheadqn,Aarq°�ers/(�)hilf) 4°Iimof of oine or both may Ike subrnftted, Vendor irniust upoad proof of ceftificaboin to the "IV:0,eslp<)i¢is�eAttacf,umernts" ILJB CEIR rWICAT[E,S sec,,fioim, [NO --- ........... T In Vendor can pirovde servfces aarnd/or IfnrrndUCtS tO aIHl 50 US States? 4 � States Served: ff answer its NO to qLsesfion #3, piease kst Mkh states can be seiwed,, (Exaimpfe� AR, UK, DO Fresporise . . ....... . .... .... --- :== . .................. .. --- --- - . . ...... . I ...... . ... . . . . ............ .... - "-" - 5 Coirnpany aind/oir Purodu IIC)escriptioin: "FMs hiforirnation Mi as :a on the"TIPS webs�fte �in the company w�)rofile section, If awairded an .y :'S contiract irnit 750 characters.) rrIF I .. .... .. ... ... .... .. .. . . ... ... .... .... . ........ . .. ....... . .. ... ... .. .. ...... ..... ..... 6 � Po-linairy Contact Naime Flirlirnary Coritact Name I:-;- 6; -S -Ch ---- -- ......... . . . ..... . ....... - . . . . .......................... S-1-iE .... --- ''I'l.''-....-......-........�.....-........,.......,................. . ..... . ............... 7 � Pidimauy Contact Title, h 1" rimaryonta t y',urrr iiil 1` urrr°ntad: ICE.rrnurull runnn;r'y ._.._w................................................................................................................................................. ................. ._.......... ............._.......... .......__.............w....................................................................._. .�.._ lrm1n@avuspl rerun R Primary Corot t III4r urn Enter, 10 cfigii1 phoine rnu.nirrn eir (No r1asbees or ext ru lirrrirnnr) Exavn py e, 8668398477 1 II�rrlrr ury Coiintact 117Fax 0u1 phone rnurnrbei irnlr,r '111 a°11i �°ho Example6 77 II .. ............................. _._. E ..Nrr rrr,rnrn:ra°urs l,'luir n ury Cointact Mobile ir°nlrrr '10 dgft phone iruurr ber E rrrrnpr er: 8668398477 7 11w ...........11 )Y" dashes or rn)clerurrurrra ) (No dashes or Arte nsb nrr) .. rarrrndary C 7�'u�rrrt° ww...�-urriro��r:.n rrulrc.t........n..�.�:..�....�..�...�......�..�........�..vw..w......_..�........� �.............. .__..................... ..... ....... _._._.www.w...w w _._...._.......... .................. ................................ ......... �_ .._.....�..� µ., ...__._._. w.....,... r, corr r dry �SecondaryContact .n111rr V .�.�rn.t�.r.. �...c.,_t .....y..........^.0.,,......4..ru r.,.„............_......�...�._......._._._..�_.....o......._�..�_.........�.............�.�..�.......w...................._.�..o_.m...._.._............................oo..........._.�..�.w........wwwwww_.ww.ww.__ iir Secondrrry C'Cora EIl:. naH ��u:,u�,rnrnr��.rr�� 1u CorArrrrl 1��:uruanll ................ ...... _........ ...............,................,.....,.,................,.........w........................................_................,............................. a�urrlyuurrnr _ .,......,..,:,..,..... ...,,... „�...._,_ a� r).�nr vis L c rnr ................_............ _ _..._.................................www_._.w...._w_w_._ _...------ I_ _.............u.............................__..........w ._ Secondary ruumury Crrntact Phone �,:nlrrr. 10 r gu t 11nho ne rnurrnlber. (No dashes a oir rulnrirn k) nrn) .rnrrn°'nrll . 8i66831r 8477 ...1 '11.1 ....��.._........... r 6 rrtirrrl � 1 jContact y . 1i'it phone rnirarrnlber Exarnp�e� 8668398477 17r:r r'r�wrrrrr (No daishes or nrlrrirnrrunrro ) 1 Secondary Co r°n rr t III°ni°idle 7 Enter Aet r .11w� 4r1 rpul phone rnuurrrllnu r. )�"� o dash s oir rr1° it s�oi n s) 17rraa . l 8668398477 Page 5 of 24 pages Vendor. AV] SPL 200904 515 I Admiri Fee Coiintact Manne Adir6hn Fee Corlact, Nwne,,ThiS PEffq(m is responsiilUle for paylhg the admin fee to PiPS. ............... — ...... . ..... .............................. Cunciy' i u i ne . ir. ._ . ...... . . ............... .. . ........... .. .......... ...... .... I Adnirin Fee Contact IlUyurra il 9 Adrnin Fee Contact IErrna H . ................. . . . ............. ....... --.- . .. . .................... .. . . . . . . . . . . . _............._..........m ..................... — - — ------- 2 Adiimin IF ee Coiritact 1114"hone 0 Enter 10 dignt phone inUIrrIber. '. (No dashes Dir exteinsbins) airnp�e� 8668398477 [ 38847 " I - E� 2 Illuirchose Order Coritact Nairne Pluirc[rase Order Cointact Nairne. I h�s p:nerson �s responsble for receiving Purctase Orders from FIPS, ................ .. . . . . . ...................... ............. . ............. - .......... . .. - .......... ---- ] . ................. -- . ..... . . .......... . .......... ". '''' . ......... ---- . ...... ............ ---- ........... . ...... -- ........................ 2 F�Iurchase Girder ointact 1',�rnall 2 furdhase Order Contact [:.M@H . .......... . .............. . . ...... .................... 5ay�b s .......... av�#4,corn .... . ..................... ---' ........... . .. ............. . .... . .. . ................ . . . . ........................ 2 i5urchase Ordeir Cointact U'' hOrie 3 i-inteir 10 digit phoine nurnber, (iqo dashes or extensbirts) Exarn&: 8668398477 3 43 2 Cornpany Welbsite 4 Cornparry Website (Iiiiorvnat - wvvw,, company, corn) E 2 1""°ederal ID 114uniber 5 f��ederai D lquirribeir d1so kirrown as the 1-��rnpk)yeir Identificabon Miurnbeir (E]N), Nunfeiric on�ly. ([:oirrnat 123456789) ........... .. . ... .......... .. ......... ... ... 3 5" . . . .............. ....... -- ---- . . ......... 2 Primairy Address 6 i3iriiniary Address Bi!!NJAWN [RD, ISUPT fl)l ............... ..... ....... 11", .......... "I'll'I'll�,�,�'ll""I'll�,,�,��'��'"'-- . . ... ... ... .. ... . . .... . . .. . . . .. ... . . . . . . . .... .... ... ... ...... . ............................ . . . . ............ .. . ....... . ......... .......... U prep --- . ...... ........ 2 1rlirnary Arldiress (Ilty 7 iIirirnary Address City ............ . . . ._... . . ................................... . ... . ......... ... ... .......... .......... . ....... . ....... ........... ....... . ......... . . . ...... ... ............. ...... ... . ampa - ...... . ... ...... -- . . . ................... ............ . .. . ..... ........... 2 I'luriormiry Address State 8 Phinnairy Address State (2 [,)igpt Abbreviation) .................................. ---- -- -- . ... ... ................ . . ..... Page 6 of 24 pag,es Vendor. AV] SPL 200904 516 163ii iir ury Address Zip Primary Address Zip �_�........._....................��...............w�_...w.....-w.._____ �._.__�,��.��.............�.�.........�o..�.�.�.�.�.�.....��.��. ..::��......�.�....._.........�.�......�......�..............�.�........�.�.�.�.�.�..��....��.�..��.___ �_.......�......w�_.ww._� urwwrm urrfm W: Iease pirst search woiids fru be posted lirn the TllllPS database uuboUt your rrompuriny that ..y IlPS wrw lbmnlWfwn users irnuiiplhnf search Words is y be 12rcwbumu f irnwurmnes, rrnu unuufw rnfuuirmwnirs, or uruffn it words associated with the category of awaird. YOU ffp/W NOT l]Sl'NON-CA.f'2TfORY ITEMS. (IllJ mnlif 202 words) (puumruwmnmuf: pirw buumuf„ y.um 1peir coin stiruction, runwuunwufnurnfmuire r r°mar ne, etc.) .......w..._____ ..wwww_.....w_.. . . _ _ .......................... �.._. w._............u. .. _ _.__.............._...._.................vv...uw....wvu.............. .m..— udb, vu uuan , 2nuwr irrnr mint„ uuinufu b corrunuirJcaflons, zoom, nrrnucrosofp„ projector, scFeenll parn6 s, iurnfrur cfr e pan s:l rnoi nufr°urnr, fr eirinurb'om° in , augmented ireaHty, wwpirfuuM ireaflWfy, headsets, ennergency operation center. court, urr mrfii irn s, Ih ii,plhrrur rrb ucafii in p..y2p prmirf „conference rru oirmri, Ihybri`id pe rirn'prnp„ Iy1y.. 3 Do you waii � � fuyllVr 1 urmfruf fuw I m ruf uuuur� urf you Iii urlbrro�l& pu.urur fuurnrf uuui p Illpl�� u�llll� fwu uuuunr°u�IlPrur;uir ruf�l � ffu�spend Fedeiral � r� Iii' fru ,wur federal? Most f our rnn rrrnlb it r ceNe IT b it V pum veli nirnenf� grants �� rmp they makeups�iigini°if�iii �u�rrh (portion of f�f"nu� 1r budgets. �y..p ff rrnbrurs meed to 1know lif yOuur c wrnnpainy is wr Hflrnyp fru seH to ffnem wu"vwbuuir°n they sp rnb f brwirail budget fuurnbrw ruir fheiir puur br se, There are unffriibn.des that VHow that ncliude prrnwr'psioirn s frrnrrn the y` bwnral irmrpnulll flirurn in 2 CIS pf I2ruirp 200. Your answers wrwlilll brufrurmrrn4i pf yrunuir award wrwi1lH Ib n desiignated as F: ederM rum. 112buurrwuboinIII'' 2urlpnuirfinnei of f' eiri ei-M ffwfrnnprniirufru fuwrru IIWy.ewulluufiirnrnrn (EDGAR) cornipfiaint. �Do you wrw irmf IB IIIDS Members fru Ib aWe to spend Federal gir rrulh frurnbs vxith you if awarded and iii ib your, i of irit to b aNe to seH fru 7PS Merurulber s it pwurdilesmn of Abe fuurnb source, wrwheth,eir of 1be ocM, state or frwbrur lP cif Yes . N f eni fpwu fprnrm of ffmn ihbmuin y (14frnpuWuuired by the State of Texas) 'lFite ww irryruir'S u,uNinnwute Ipm ireiruf comnnlp iruy or mrnru(ruurii y owner, (A) has its pir'ii ncilpumrll pi'ace of buu 'prness prn Texas" (B) empk)ys at peast 500 peirsoris in ""'llFexruru°y W..f is; puurumuy:linmmn pmr it wpiuupirrurry as a data puuflhmrirpirnff function four liirnfr irrrnuufipruirn to mmuuirw rneirnbeirs rrrnnulf,iii np piurchases with uuwwww r2 2 vendors, If does not ruffed scoirOing wrwifth TFS. fp igpany IlResildence (O ) Vendor's pdiniciipaW Ipll ce of I Usi ness ws lin the wnpfy oft mpainy Illprr f ur"n tat Vendor's Iprii'iunwuplp 11 Iplace of busmess Is ra the stat off E L . -...w.— ..............................................---- --- ... ... ..._...�...�._.. �.._..........�................................�.��.._..�o�o�_��.�.�.�.�.o.o........�......�.w....�._.�._..o��.�,.,.,...�www�w�w��w�ww.www.w.�.�.�.�.�._w.........,�.........��.�---- ..,....H ......... ._...�.�.......�..�...��.�.�..�... �.��w...............�.� Page 7 of24 pages Vendor. AVI SPL 200904 517 3 Discouint Offeiired - CAu noN REIIIIIIND CAREFUl I Y VENDOIRS FREQUENTLY MAKE MIS INKS 5 IIII II A''T"'lFRJHBu ri,!!: QUES rnii Reirnembeir Uds lis a IY HrAMLJM dhICOUnt Ipeircentagaa. So, be sure that the 6scount peircentage Iiinaaairted Iheiie can lbe aIppfied to AM`( OFFERHqG OF GOODS OR SERVC�I'::S I HiOUGHOUT,n cE IFE OF I HE CO�NJ I [DAc IF CAM IU,4� BCE[„� MN YOU CAN HONOR THS hffqIMUM D6COUN IPEE�RCEZNIl�M:I�i!E GN ANY GIC' E[' ED SERMCE OR GOOD INOW OR DURNG THE Lfl['E 01.'l IHE COI' N� FfZAC F, What its thIHIIIII U Ip ercentage dpscount off of any Iitern of Soirv�ce you offeirto I]PS IMeirrilbers that is liin your regular catMog (as defined ilia thlesiohcAatioin spe0k.2fi0lis docuimen't), wek)sfte, store oir sheff pricing or whien adding new goods or serviices to youir offerings duding the ffe of tlm contract? Phe rlw.ui�hrn Iprice of arry goods or services CatMog fist lyiruraaarr after tNs discount is apphed is a ceifling r�)n youir prickig aind not as floor Ibecause, in ordeir Dana be more compebtrve ilii the 'ir6MdUap ciivcurnstairrce, yofj imaay off a Maarger 6slcouint depending oin th iiDerrim or seirvices purchased and the quanbty at fime of s6le. Must answer Wth as nUrnbeir Ibetweer'ii 0% and 100%, E...""" ....... . . .... . .. . . . ...... 3 Yes-, IINo 6 For the duiradon of the Contract, Vendor agrees to provide caaD � Ipidaniiirng, as deflined en flhe sohcafion aind beow, to PIPS upon reqUestfoir any goods and seifVces offered on the Vendor's TIPS Contract, "Cata�og" irnaaauuns the avalilaMe hst of taria lUe personal broperty orseirVcps, fin i the it current fishng, iraagar(fless of date, during the Hfe of the contract, that takes the fm im of as cat;alog, price fist, schediiAe, streff pirlice or other forim thatr A is reguuarlYy lairentalrred by the irnanufactureir, or Vendor of an bei -in, and [3, is either Ipuubfish ed or otherMse avaHaUY �fbir iinsper;fion by a customer duriing the PUrchase pf ocess, C, kwhich the rrilin'�rnurn discount piroposed by the proplosing Vendor maybe appHed. Ee';- 1.111 3 "p "IPI Adirninistiiratiori� Fee 7 By submitting a pimposai, i it that Il pirlcirrg siubirn4ted to THPS sr4H klCkide the ArJrNriwstirafion Fee, as denap gnatecl in the soicitaton or as othienMse agreed 'un wirrUng wKch shafl Ibe rembtedtol"PS by the Vendor, or Uhe vendloir's nairned reseHeirs,, and as agreed to iirn the Vendor Agreement, I agree that trm fee shaH not and MH not be added lby the Vein doir as a serfarate fiiro� hen'r on a TPS rnernber i°iiriv6ce, quote, prorjosall (:air any other wirlitten corn rnu hca,bons wM the"PH[�'S znerrrher, 3 Yes - Ilea 8 Vendor agrees to remt to TpPS the reqiAred adirrhirrstiraflon fpe oir, h reseEeirs are rrairned, Ven doiragirees to gUarartee the fee mirnittaince lby or for the itesefler narned Iby the vendoir? TUPS/1-SC IYRra&in 8 Iia irequuiired by Texas Goveriniment Code § 791 to be corripensatedfor its work and thus, f6lure to agiree shafl rerrdeir your response void and it wM rot Idea consiideminent. Fd .... . . ......... . . 3 YNo 9 Do you (��)ffer addftJoinM d�scoiijnts toTIPS rneirnbers for Maarge order quanthies or �large scope of w(xh? Pa gre 8 d24 pages Venn asp SPI, 200904 518 Years llp urrrs urt:sruY goods�r ir rrrryrw ° psrnsrcs �c�b �osbsnr ssrw nsws'2 Thus lira an rwwruUlruastlisrn srutrriruruus wwrrwib:h a rn°urw,wiiirrnuuirrn of 10 points. See 01i:? for irrnsirrw �i ntasrirrnstlirnrn, 40 41 I.srrlllllllleum Does the vendor Ihrwws it ssllUsirs that ilt nwn ii rnwrirnrnur under this contract? IR sw.lUlllrrirs are defined as cntbirnr r. Msnrrnpsrilrns tlbwst srrlli your Ibirrubuuawts under an agreement lirllh you, the wairded vendor of..FHII' . EXAM U ll_I : Bll i rrruirt is, s rasseIHeir of ACKE Ibirrwi nb tsIl wlisUrur"ns" IUf ACIWE were a R IPI awaiirded vein r, then ACME would IHsn IU:fI irnaih as s irrrseHer. (['f appficabie, Vendor should sbb aH ttu.uthoirized I wwsrwlHers within the ..IMPS Veridor Poirlsi upon award). 4 Prising dISCOUnt peirceintage are guaranteed four? agrees to birrulprused Ipiridinf�t dis percentage ruff rme uuUlrur w �: � s defirrsb iirn the RE brulsrn rrryt)u website, sts ortshe f ,)dcng fair the terr'n ofutlbsr wro airily w.r � ..._www._ ............. 4 UIQ Ilht of Refii,jsal 3 Cyrres dire frrsprws� right taut to srfrnrirnr w'nater the awarded agreement wwifth s .�..WS ,� � r wr�sbcan. wwiisfn �:cu irsssir�rrr tUruw rUtt nrrwarrolbrur at wawirnbsr°s bli ssrstisrr? 4 � NON -COLI I IU�IU'I�ISIVrrir � tai BIDDING r II"IIU�IIIIl��ii lli'"IIIC� 4 si � bit srrrtffiss tl4rist: 1) 'llrUs bub or proposdil has been lirccfralprarnbarirfly ainiiwrn ' at n tl"m ufl ssllnuski in wwlitb airry other I Ubbrcr or ww�tb any y) ..FiNs Ib�d or prrrrpssrull has ret beuro 1k nswwUrnrylly dissllrnssb sa nb ww i 111 not be yrrrwwi n lriy biisrhos b„ pr oir to the sbnrurUrb of blicfs, unit Ibr llfrrnsau s for fh'us project, to any stheir Ili libber„ Corirnlp tnoir or Ipwtcairflisll ssrrrpwstlifruir" No attenript has been or wwffl be rwn bs» to Ainbuuss any other parser„ psrtrrwirship sir corlprnirrutloin to suubirrniit or not to srubimft s Uib or Ipirslprusdl" 4) The person slibri"hung this bid or Inimprnsrrl6 certifies that he has fully Urnfsirrrn at biirrrisr^ff regarding the ascnsnur awy of this;; statements ccnuntasned liar this srartUfissticarn„ and under the Ise na tges (being appUiiwrrabi is thus Bidder as wweiiU s to the prwirson sitbri"i nth in its bslVnrrllhf" Not s rr dotlisbUls term. 1�'aiVuure to agree wwi lU it irder ycnu,uur propsssi non respoiniiw and it WH not be coirisWeu°rad Page 9 of 24 pages Vendor. AV] SPL 200904 519 4 CONIUCT OF , II NTEIRES r QL)EST1014NAHRE- - FQlUW CI Q - yot,j have any CONF1 ICI OF IIID rERES r' "ro REPORT OR DIS(Ill..OSE. tindeir'llifiss'taftft011ry uregWreerne nt? �Do yoii,j have airry CONFUC IF GF' HN"I ER[ES I' FO IREPOR„I„OR DBCNOSE undeir this slatutoiry requh,emerit? YES or 140 If you Ihave a conffict of interest as descirlbed in LNs forrri or thie I ocar Government Code Chaptei1761, 6ted theireir you are requiredto cornpliete aind'ffle MU'i RIPS, You miay find the Ibdaurnk GQ form ruin OUr webske at: Copy and P,aste the foHowirrg flink into a new Ibirowseir or tdb: tiit,tps.//mNvw,,t�lps.,usa,(,,oirn�"n/assets/dc)cuirruer)ts/(Jocs/C�(),,pdf' There '�s an nptioinaUplkDad frjir tl'0s taurrr Irmuirawarobed at you have a coinfHct and irnruSt Me the floirm. = ............ . .......... . ..... . 4 FnEliinq o, IlFoinirrn CIQ 6 If yes (above)ll have you Re d a forim C IQ by up�oading the form to fts RFP as drected above? N . . . . . . . .......... .......... . . ...... -- ......... ...... ........... ......... . ... 4 Regufllatoiry Stainding 7 � ceirflfy to, TPS for the proposW attached that rny cornpany �s �in good starding With aH goveirnmentdl agendes Federdl or state that regWate any paii t of our bUsiness operations. Il f not, pi ase expWM 'iiir,r the next aftdbute question. . ..............._� . . ....... ............. . .. . ....... ..........-------- . ...... 4 Fiegulatory Stainding 8 RegWatloiry Standing expanatiorr nf no answer on Ipirevous quesfloin, Alo respon,";..._. se . ........ �,... . ..... .. .............................................. .... ..... .. .. .. . . . .................... ... ... . ....... . ......._................,�.......,..,...................._... ................ .... ... . . . . . ... ...... .......... . .. ... ... . .. ........... . . . . . ... . . .... ... . .. ........... .. . . ... .... ......-........- .t . .. .................. ..... ....... .................... . . ..................... . . 4 Ariftitrust Certification Stat(Ments (Tex. Goveirinment Code § 2155 005) 9 [3y subrnlssloin of this bid or proplosW, the Biddef certifies haL -, "I . . ...... ....... � affirrn under Ipenafty peijiury of 9: e Ilaws of the State of Texas that, (1) � aM duliy authohzed to exec iste tHs contiract inin my own Ibeh ff or on behaff of the coinnpainy, corporation, firm, partnerst nip or �ndMdLjdl (Coirnpainy) Iliisted b6owl (2) IYrn coninecfion wfth tNs Nd, n6ther III nor any irepiresentafive of the Coirnpair uy Ihas vi6ated any pirovmbn of the Texas F�:iree IEnterphse andArrfib ust Act, �'ex, I3us, & Cornim. Code Chapter 151 (3) Illin n;onnecflori vvfth this bid, m::D fther W nor ainy itepin esein'tafive of the Company has vioWed any fedeiraJl anfibust Low 1(4) Neitrren I nor any representafive of the Coirnpany has &ecUy or M&recfly comirniurflcated ainy of the contents of thus Ibid to a cory'npefitor of the Cornpany or any other cornpary, coirpoirafion, firm, 14nartineirsHp m lindMdudl engaged iin the sairne fine of busuness as the Cornpainy. Page 10 of 24 pages Vendor. AV] SPL 200904 520 5 � Susperislion m oiir WCeirtdrcaflbairrrwint linstructions 0 instructions firrn� By answertng yes to the nextAttrbrUte quesfion Iberow, the vendor aind prospective Wower fler parUcipaint is pirloviding the ceirtfficzkJoin set out her6n hi accordwa co Whh these inStRJO0111S 2, 't "rias cer tificaflori liirn flNs cpaUse is as mateiruar crop resentaflon of fact UPM n Whr iChl refiance was piacE:!(I Wien fliis tiransacfiorn was eii itiered iin,to if t lis iateir deterrnined that the prospecdve Ilower ber Iproodocipncunt knoWing1y reir,ndered ain erioneOUS (Anftrftaf101n 41 addrfloin to other rerne6es avaiilaWe to the fede14i governnient, the depailineint or agency with w[flch tNs transacUon mlg�inated may PWSUe avaHaUle uounnrndros, lirncruadron5 suspeii''isiorr arid / or debarment, I The prospecfiw:, Ilowcer flier paiftrpant shalHl provkle onnnrrnodiaato wriittein notice to flhe i3eirson to whuch fts IlnroprosaW ��s submitted if at any flirine the pwspecfive Ilower fuerparhchpant earrm that its ceirfificafloin was Fiiroii,ieous whern subriiitted or has Ibecorrno erroneoius by reasoir� of charqed 6rcurnstances 4, The terinks "coveired transaction," "debarred," "suspended," 'IineFgrUe,' lower tler covered 0 airsactioin," "parficipanis," "peirson," "pxrrnary covered firainsaction," "iorrn6pal," "�,)rqpos61" w id "voiurrtailly exciuded," as tised in this d;iause, Ihaave the rrieank,igs set out lin the Deffnrtions and Coverage sections of rUres irnpierneindrq ii:xeo�:utrve Order 12549 You may coritact the peoson to vvNch airs piroposall is subrnitted for assbclaince urn obtarNng a copy of thlose nagflations, at. The PMSPElCflVl8 loweir fleir Iryairticipaint agrees try SUbrnhflng ft s form that, shoUkl thIlirroposed covered transaction be entei ed tr iito, it sli 411 not krroWngry enter into any roweii fleir coveired,transacfloi,r with as Ilpersoin who is debarred, suspended, decllared rn&lkgNe 01' VOiLintarHy exclluded from parti6pafion bi Ns clolviered traii,isacUoir, urfless authoirzed by the department or agency with which this tirainsacfioin oirigrii,,iated, 6 The pros;�)ecflve Ilower tieii participant further agrees Ivry SUbmitfling flhis forim Uhat R Wfli kicliude'fNs c[ause fitied "Cerfificaflon lytegarduonptp Debarment, Suspeinsron, hietigiVhy arid V6urrtary E�!�xr;�Usroiii Lower trier Covered i ransaction" WRhOLIt MCXfificatron rin all Ilower fier covered transaaflons and rn aH sofl61tatloiins for 'ooier der covered transactions, 7. A Paid6paint pin a coveied bansacdon umay rely Upoin a cerfification of a prospecfive iDaii-Ocipaint hi a Ilowoer tier covered trairisactk)irii that it is not debarred, suspended, iineHgbAe or voiuintairHy exciuded 'from the covered transaction, Urfless, Wt kr)(�rws thatthe ceirfificaflon is erroneous. A pairdcipant rnay decrde 'the rreflihod and frequency �by which it determhiles the eflgflAfty of its priin6pMs, Elach parficGpant may, Ilnaut is riot required to,l cpllecJ<, the l4onproctirement i s'L 8, Nothing contalined liirn the foregoing shaH be COrlStrUed to requho estabhlshinier rt of as systeiin of records in order to render urn good fal,rh the ceirflficaUoin requrred by this ciause. ""Fhe knowiedge and inforrrraUori (:�)f Ilcartliclillrarnt its not required to exceed that wNch ��s noirrnaHy ��,,)ossessed by a pirudent peirson kr the oirdfirmy course of buskless deaiWngs. 9, lii::xcept for hansactions, aUt[lorrzed under pairagiraph 5 of these klStrUGUMS, if a particrpant in a covered tiransacfion krroMnglly entem Oa to Ilower fuer covered tiransacdoin with a pemon who iS SUspeinded, debarred, inleHqNe or v(Auntairfly exchided from parficVpafion in this transachon, hr addkioin to other reiinedres avaHaUie to the federali governmerA, the departrnent or agency wrth wNch th'pstrainsactiorr orugkiated may Ilpuursue avaHiaUie remedies, im�,Jiu&ng suspeneon and / or debarment. Page n I of 24 pages, Vendor. AVT SPL 200904 521 5 Soispensloin or I)ebaiirrnient Cerfificatioin i3y ainsweiiiing yes, you ceirflfy that no fedei[a� suspen§oin or d6bairryient ��s �in p��ace, wh�ch wca,iid pireciude receiiv�ing a federaE�y fiunded corniract as descrflbed above. Debarment and 11;uspensiion (ExecutNe (Ndere '12549 and 12689(.....-. contiract award (see 2 CHR 777.777( irrouuaott riot be rnade to parties isted on the goverinirneint-w�de exchjsld:one liin the Systern R:)ir Award "Aanageirnent (SAM), in accordance With the OMB guld&Hnes at 2 CII'111R, 180 that lirralrolidnrrnarntt Executrve Orders 12549 (3 CF[i part '1986 Coimp , p. '189) arid 12689 (3 CF R 1part 1989 Cornitt),, p 235), "Disbairment and Sar speinsk)in,"SAM Exchjs�ons conta�ns the irrairries of paitiies debarred, suspended, or otherWse exciuded by agendes, as w61 as partles dediared uirietgVe tinder, statutory or, regWatory authorilty other tinari Executhie Order 125 49,, �By answeriing yes, YOU ceirtffy fihat no federW suspeinslon oi debairirrierit Ws in pWace, wii woUld pirech,ide recerv�urn Grua federally funded contract as deschibed above, es -] ----------- ............ . . .......... . . .. .. . ... . ... ...... . ........... . .......... . ...... . .... . ........ Stateirinerat and Ceirfification 2 Win accoiciJaince with 1: ad eiiaf 6WI rights [aw, aH U,,S. IlDd pairtirnents, cir6u6ing the U,S,Dqpartrneir,at ofAgrrcuftuire (USDA) 6rWi irlghts regUlatiOIns aind pofi6esl, the USDAII its Agein6es, offices, and effrpoyees, aridnsfitutWons i°)artkxpatling an air admiinistering USDA puograrns aire prohiNted from dir,rcirkrnWnatrng based on iracel, coWor, inafional oiiigWin, r61iigiioin, sex, gender Iidairnty (Winriludcng gerider expressk)in), sexuW oiriieintation, diisabRky, age, rnaNtal status, fairnHy/pairerrit6l status, iinncome derNed froirn a pubfic assistaince prograrn, Ipofiflcal 76tefs, or repnsat orretaEafloin for pircoir cioH Y-��gihts activiity, cri any program or activity condUcted or fundied i USDA (not ati bases app�y to afli pirograrris) Rernecfies aind corrcpW6int fihng deadiines vairy ity prograrri or lirad.olWeintt. i3ersoiris with 696U�ftiies who require Wteirnafive reams of comniunicafion foir progiran'infrinnaflon (e.g., Bira�utie, large pirinl, audiotape, American &gin Language, etc.) shouW contact the respoinsWUie Agency or LJ&DA's rARGET Center at (202) 720 2600 (voice and TTY) or cointact U&i)A, thirouigh the Fede4i Rehy Seirvce at (800( 877 8339. Ad6boirrdly, pirogrann hiforrnaHon imay Ibe i avaHaUe Wn Ilarnyioages other than E:ir�gHsh. To ffle a pinignairn (fischir6naflon coirnpWlntl corriplete the USDA Prograrn IDWscriiiniinafioin ConipWint Fourn, AD -3027, f0iLlind onHine at 117ow to 17dllie as F'rogirarin DWs&rnination Ccirnrflairit and at any USDA office or wHte as letter addiressed Ito USDA and provttde cn tihe letter Wii of the inforiniatk)iii requested in the form, To reqUest a copy of the compiain't forim, call (866) 632-9992 Subrnrt YOUr completed foirm or tteifteir to USDA by" (1) rnaitt U.S, IDeparttrnndouintdoff Agricufture, Office of the Ass�stairit Secretary for ChJi F?Jghts, 1400 IllinyuWaapendence AveriUe, SW, WasNcrcgtoin, E)C 20250 9410; (2) fax, (202) 690 7442, or (3) ernaWL piiogiiairn,nhake@Usda gov. jftle Vl of the I yyLKu aflon Airriendirnents of 1972, Secdoin 5 14 of the Re[mbditatioin Act of 1973; the Age DWsciriiirrflnafion Act of 1975, 'fltle 7 CFR 17Pairtts 15, 15a, and 15b, the Ainieriicairis Wth DisablHtes Act„ acidFWS) InstiructJon113-1, CNH Rglhts COTI`IpHarice and E info ircerrie in t - Nutirition [Iirogirams and Acthdfles) Afl U,S, Departirrients, iinnaVuudWnny the LISDA acre equal opportunity provider, empoyer, arid iender, Not iR negotiaUe,teirinr, I.mmalIure to agree by answerring YES witi irarndttar yoluir lyiryolydosM rion reepoiri§ve and it Wit not be considered. I ceirflfy that tri the performance of a contract with TIPS c)ir fts irneirribers, that our corrily,,)any wkl conforryi 'to the fomgocng aroi discirinninafion statement arid corripty with the cited arid dlll other appkabte ttaws and regUlafloins, . ......... . . ........ . . . .. .......... . . ... ... ......... .......... . . . . . . . . ........... Page 12 of 24 pages Vendor AVI SPI, 200904 522 5 2 CRR 11PAR 1 200 Contr act Pirovisions Explain aflon 3 ReqiAred Federal contract IprnvVnlininan of F�:edeirM F?,,egWafiions for Contracts fioi� contracts Wth FRegloni 8 and nps Membein;, The foHoMing provusfoins are reqLAr(Rd to be liiinii plYace and agreed H'the procurement iS fUnded iin any part wHl,n fedeiralY FlUnds, I �hie ESC fReooir 8 and ..111 EPS Members are the subgrantee or Subreci'ipient Iby defindoin. IMost of the prwdsktins are �Iocated Niru 2 CF IR [�IARll1 200 , AppendN IIIA to Ilpart 200 .. . ........•-Contirac.t Flirovpeorx foiii INori [�:'edeirW1 EnUty Contracts Under 2ecle4t Awards at 2 CRR ICPAR F200, Others are iinnpn,uded wrUhhr 2 UR Ipart 200 of and Maddlfior nto other pirovpskx rs reqtdred by the FederM agency or noin, FederW entrty, aH conbacts made by the noun... [°ede4endty undeii the FedeirW award must coirdapin Ipirovlirnlinns covenng the MpoWng, as appficable 5 2 CFR PAR r 200 Con'tracts 4 Cointrw�nts for irrnrnre than the sprnp�ffied acqit.dshion threshoW currendy set at $150,000, wrkh �s UN:11, hrfiaflor� adyi1sted annOLMIt deterrn&ed by the CivHian Agency AcqWsifioirr CounitoIf and the Defense AcqWsffionIRegulaboins Coi,jinicH (COUncHs) as authorIzed by 41 US,C 1908, miust address adnnirnstrafivell contractuM, or pegall reirne6es M inistances where cointractore vk)Wte or Ilnrancnculhn contract terms, and Ipirovde for sij6h saincUorrs and penMfles as qppropirsite. hlotice: Pursuant to the above, whein federa11 fUnds are expended by ESC [Re&ir 8 and rug,s Mernbers, ESC IYRe&n 8 ar)d I EFIS IMeirnberan reserves app hights aired pirMk?9 i es uinder thap e pficaWe Ill warn and regWatiions Wth uespect to tNs , pirocureirneint M the everit of Ibreacclhn of contract by 6flheir IIpairty. Does veindor agree? E;��e's .... . ....................... ........... 5 2 Cl°:R PAR1 200 1 emnination 6 � reirnn�naflorr for cause and for coinvier"Oence by the grantee or subgraintee �inckdMg the nnanner IvryvvNich tWfl be effecteld and the Ilbasis for settement. (Ah contracts M excess of $10,000) iursiijant to the above, when federM funds are ex11)einded Iby [' IRegion 8 and "FHFIS Members, IESC Re&rr 8 and I IVPS IMernbers reserves the dg ht to teirirnhiate any agreement un excess of $10,000 itesuNing firoinn tNs pf'OCUrement Ipirocess For caUse aftir glMing the i an apprq,,)iriiate opporturnty and up to 30 days, 'to cure the caus61 bireadh oftenns and con&fiorrs, U ,SC Reg lion 8 and TIPS Members reserves the dght to terirrrlriate any agreement 'fin excess of $10,000 irnsuupttpunp froini trns procureirrrent �process for convenience Mth 30 days roUce fn wiriding to the awardeid vendor. Ihe vendoi[ woWd Ilrwn compern5ated for ovoihr, performed aind goods Ipiroc,ucrnntt as oftheteirmfrraflon date lett for coirrverrience of,the E.SC Reglon 8 and 11PS Meirnbers, Any awaird u,orideir tHs procurernent Ipiroccess ps iniot exckl-,lve and the ESC Re&n 8 and p HDS rles(:nrves the iiright to purchase goods and seMces frorn ot['ier ver,Wors when h is nr the best interest at: the ESC fZegioin 8 and ''T 1�1& Does vendor agree? C.��Iies "." - " '". " ] Page 13 of 24 pages Vendor. AVI SPL 200904 523 5 2 CFR PMzr 200 Clean Air Act 6 Clean Nir Act (42 US C 7401-76`7`1%) and the 1:��edem11 Water Poflufioin Cointir(.fl Act (33 U,&C, 1251-1387), as amerii(Jed,.,,,('or,iitrac�.ts,.uirnd subgraints of ainnounts �n excess of $150,000 must cointa�n a prov�siorr that requures the non-IUediei,M award to agree to comply nMth aIi appHcable standards, oirders or regUaboins lissued piurSUaint to the Uean Asir Act (42 U "!!')'mC" '7 401 '76 71 q) and the Feder6l WateirU Iohufion Control Act as amerided (33 LI&C1251 1387), ftlafions must IbEn irdalporten,dU to th IpdabeirM awarding ageincy and h'ieReg�onaU Ofitce of the Pirotectoirr Agency (BlA). Fliiirsuarrt to fte Clean An' Act, et 6l above, when federal funds are expended by ESC Re&n 8 aind TIPS Members, [ESC Re&rr 8 aarnd.0 °1'U1a IMembers reqUiresthat the piroposer cerffy that dUdirrg the term of an award Iby the ESC Region 8 aind FPS Membeirs reSUffing froirri this IprdaduuurdairrraurnU pirocess the venidor agrees to cornplly with 61 of thr above regUaUorrs, lirndwPUu.i6ing Ma l of the terims Iliisted and referenced ther&i �Does vendor agn�e? 5 2 CF -11 PAIRT 200 IlByra nti-Lobbying Arneindrrrent 7 Byrd AnU,],abbyring Amendment (31 U&C, 1352),, —Contractors that appiy or Nd for, an award excee61ng $100,000 rriust Me thn irdapuuhed.0 certificabon. Each teir certfies to the fier above that ft MI not and has not used Federal appiropr�ated fUnds to l�)ay any person or, oirgairflzatoin for rrfluen6ng or atterwipfirig to r1flUence ain officer or erqployee of ariy agency, a member of Congress, officeir or eimployee of Coingiress, oir an ernpUoyee of a rnembeir of Congress rn coinnecUoin wM obtaUinbig any Fed ierall contrast, girant or any other award covered by 31 U&C. '1352, Each fier rnuist 6lso (fisckme any IlldublbyUng Wth non-F�:ed er6l funds thaU takes place M connecrJoin wWh obtaiining any Feder6waird. Such 6scUosuires are forwarded from tier to fleir up to the non F:edeiralll award, Pursuairitto the above, whein fedeiraU funds me experided by ESC Re&n 8 andRl'S Membeirs, ESC l°Zegkiiri 8 and l iF)S 1Menrbeirs irrqWres the proposer cerfify that duiNing the terim and dudng the Hfe of any contract wrth ESC IRegion 8 and ..IPSIIMembairs resiuiflng from UNs procurement pirocess the veindoir ceirtifies to the terims iirckided or refeirenced her6ri, Does vendor agree? 5 2 OFR PART 200 Federal Rule 8 Compflance with aH appHcable staff ndairds, orders, or requk"eirnents USSIUed Under section 306 of the Clean XirAct (42 U.S.G, 1857(h)), secficm 508 of the Uean Wateir Act (33 LJ,S,C. 1368)11 Execuflve Oir(fer 11738, and EnvUironirrieintaUl Pirotecl'Jorr Agency regUations (40 C'I[R part 15) (Contiracts, sa,ubcoiritracts, and subgraints of arnounts M excess of ,$100,000) Fluirsuaint to the above, whein fedeirM fUnds are expended Iby ' SC fyeg�on 8 and TUPS Mernbeirs, E -SC Re&n 8 and TIPS Merribers requiresthe Ipiroposeir cerfify that iir[ perforirnance of the contracts, subcontiracts, an(J subgraints of arrmUnts 4r excess of $100,000, the veindoir w0l Ibe i°in coirnpkance wrth aH appkcaUe staindairds, orders, or requirerneints ssued uindeir secfioin 306 oftfie Uean Air Act (42 US.C. "i 857(h)), secUoin 508 of the CIean Wateir Act (33 U&C, 1368), IAxeciubve Order 11738, arid Eir*iroinrrrent6l ProtectJon Agency regu,flatioins (40 CPR Ipaart 15), Does vendoir ceirtffy that lit iis lirn coirnphance wfth the (.11leairr Air Act? Yes Page 14 of 24 pages Vendor. AV] SPL 200904 524 5 2 Ql!!'iR PART 200 IlPrrmcuremen't of Recoveired Illi ateirials 9 A non .[edeir6i entity that is a state agency or agency of IprultficaIII sijbdMsoin of a state ard its contractors rnUSI coirripliy Mth sean lJoirr 6002 of the S61kl Waste DsposM Act, as amended Iby the Resource Conseirvafloin and lRecoveiry Act, I he reqLl�ieimeirrts of Sechoin 6002 irickide pirocuiNing oin�y terns des��ginated in gu�defines ofthe E��nv�ronimentM [IrotecHon Agency (E[�'A) at 40 Gi:iR �pairt 247 that cointaki the �highest peircent,-;ge of recovered rnateriMs practicabie, corisisteinl with maIfintainrng a satisfactory ieve� of cornpetifloin, where the N;,)iijirchase p6ce of the litaarnn exceeds $10,000 or the vakJe of the quantity acqUred during tlh IprrrrnmrrtNirnp fiscM year exceeded $10,000, proURItIg solllid rt irmnarrnrrprubrnnaaunlN seinfices in a manneir that makr6zes eneirgy ar'nd itesource recovery, and estalAs[*ig an aftirinna,five procuireirneint prograim for pirociureirneint of irarcovered innaoerliaak Iideinflfied iirn the EFTA gkJdefines Does vendor certify thiat it is in coqp�tance with the l3okd Waste Dspin s61 Act as described above? 6 � Certification Regm,diiing i obibyling 0 Applicable to Giraints, Subgraints, C(�)opeiraflve Agireerneirits, and Contracts Exceeding $100,000 lifni F'edeiraN F:uinds Submss^ on seat 'fts m fificaflon is a preirequNste foir irrnakrng oir er-Aeiiiing Ninto fts tirainsacUon airrd lis Nrriposleld lby sectJoin '1352, Titin 31, LIZ, Code. This certfficabon lis a mateiri6i itepiresenWJoin of fact upoin w[ildrr reiiancewas �pNaced whein this transaction was made or entered Uinto. Any Ipraimoin who fails to fle the reqUrred cerfificafloin ahaEi Nae sulnject to a rJvH pipr4ly of not Ness thain $10,000 and not more than $100,000 for ealch suclh fiaHiuire. Fhe ui ndersigned certifies, to the best of: Me or her kinowliedge and b6tef:l that: (1) llqn Fedeirali appiropriated fUnds have been paid or wtB be paid by or rain Ibehaff of the undersigned, to any person for influericing or attlempting to influence an officeir or employee of any agenicy, aMemiliber of Congress, an officer oir emp��oyee of congiress, or ain lempioyee of a Mernber of Congress in connection )Mth the awardNng of a iiiedeir6i contract, trie makiing of a F:°'edeiali gran't, tlh irmnrmlklrg of a ['edefM Woain, the eniteiring into as colq)eirafive agreeiment, and flie extension, conflnuafion, renew6�, amencinneffl, or modifica�iJionof a F edeireW contract, grant, Ilanaii''r, oir coopeirative agreemer�t (2) if any fi,inds their thea FederaN appirqnirNated funds Ihave Ibeeiin pald or Wll be paid to u:Rny parr rain for Iirnttu encfing loir atteiry'rath gto influence an afficer or ernplloyee of arq agency, a Member of Congirless, ain off �cer or, einrployee of congress, ioiir aini eimp��oy�:)e of a Meirnl�)ei� of Coingiress in conne0on with'this [��edera� grant or cooperative agireeiment, the undersigned shafl corrrplUete and si,jbinnit Standard Foriml i I , "disdosure i'`orini to IICRepoirt LoU)ylng,:' ni accordaince wlith iits instruchons. (3) ..N, he Undersigned shall require that the Ilanguage of fris certificaflon be Iiinduded in Uhe awarld docurneints for aHi coveired subawards exceedng $100,000 Nn 14��:��ederai funds at 61 appropriate tea's and that 6ti si,.abirecipleirrts shall ceirfify and disciose aiccordin,Oy. i ois6ed peir aibove 6 If you airiswered 'li HAVE 16bbied"to flihe al)ove Affiribute Q% oeslJoin if you answered 'I F,iAVE kobNed`to the above Attirlbute qUesOoirr, you miust downk�ad tire L,obbying I@rtltnaart "Standard F'`irorn NI.L., 6SCIOSUire, Forum to FZepoirt Lobbying" which Mdkides iurnstinuction on completirig the forim, cointo Aete and submit it in the Resp oinseAttachments sectNon as as rump in of the iobb&g activities yoti performed it paid others to Iperforrn. Page 15 of 24 pages Vendor. AVI SPL 200904 525 �3 6 Stjbcointracii tng with ii Somali and Wirmfity [,I usfineuses irnei , Won's Business Einteirprises, airid I abor u Srplus 2 Airea Fiirnm. Do you raver anb6pate the pos�ebilfity of subcontiracairn g any of your work undeir this award ff ymi airesuccessfuP IF: NO, IDO NOT ANSWBR ATTFRR[3UIFQC: QUESTION. YES, and ON1 Y YES, you irniust answeir the i qUestion YES if you want a PH:�1113 Meirnber to be authoriized to spend FedeirM Grant for F�lirocuireimeint, 6 ONLY Yll�E! S M °P14 IIPIIII IIIEVDIJS OR if you eveiir do siubcointiract ainy pant, of youiir 3 performance uindeirttie TTI!"S Agreeinnient, do you agrree to coinnqp��y via IIIb fcfllowiing fedeiiral requireminns? ONHI Y IIIIF YlkiES M Ti UE PREVIOUS QLJ[':ii,STON OR U'f you ever do subcontiract any part Of YOUr' fuer forrinaince undeir uie"nPS Agreement, do you agar ee tun corvq)y wUththe t6omring fedeirM Ireqlirernents? F edeirdl RegWafioirr 2 GFIR §200321 Contiracbng wM srnaH aind iy Ikuansiiinesses, women's IbLlsiin.ness enteiIpiriises, and IWabcjir surpUus area firms, (a) -rhe noin Federdeinfity MUSt take a�l necessaiiy affirrnafive steps to assure that r6inority busiiinesses, woirTien"s IbuusUiness enteirprises, Turn Ilrwulbor SiLjrpks area fiii-mis arra used when IpunrnrnliWe. (t))Affirr'nafive steps rniust Unchjd' (1) Raciing quafified sIi and rniinoirfty bUS�Iinesses aii wornein's busiiness enteiq:)Hses on soficiitatiion Hsts, (2) Assiuriiing that sirnaH and rniin0rity Iya SMesses, and mfon"mril's biusiliness enteirpriises are sofidited wheinever they ars; poter"01M ,Mur s; (3) Dilvildiiing total reqUireBrie nts, when ecoinornUcaHy lbasilble, iintosirnaHeir tasks lor, quainfibes to Iperlrlrnlft imaAmiurn parfidipatiion by srv-41HI and mbiority IbuusMesses, and women"s Ianiusiiiness enterpriisrani; (4) [W�staWils[Oing deHveiry scheddes, where the requilreimentpenrinds, wNch enCOUrage pair tilci pafi on by smaH arld rnunlr)hty buskresses, and women"s biusiiness enterpitises', (5) Usiing the rani es and ass, staince, as apprg.)pr4te, c:)f siudh oirganiizalioirrs as the Srindl Ifii3uusnress Adiriniiiniistratkni and U:IUn IWnorfty II43usMess DevMoprneint Agency of the IlCyrnlpairltimernt of Commerce „ aind (6) 14ReqUiiring the IW°ahmn ontractor, If subcontracts are trr be het, to take the affirmafive steps bsted iii"i para giraphs(l) thin ouglU'ii (5) of thiissecfion. Page 1116 of 24 pages Vendor. AV] SPL 200904 526 6 1 in deiim in ificatioirn 4 Thie ESC. Region 8 aind 11ii"S is a I exas i�lofiflca11 Subcfiviisiioin and a iocM goverrrrnerrU lenUty„ therefore, Na 1piohiiibiited from iinderninlfyling third poifies pwsuainitto the Feow; ConstituUon (Arficie 3, Seckn 52) exceps spedficaiily pirovided by IUaw oir as oirAeirled by a court of coimipe'tein't,IjuirlGrdlictli()in, /u, pirovlsloiri in a conbact to liinhenanirnlify or Ih61d a party IlrairirMess Ns a piromlse lto riay for airy expenses the Nindenniffied pairty lino ns, if a sipecffie(l event occisrs, such as ioreacllfling the teiriins of the cointiract vain..nieg[geir%y perforirrring &UeS Under the coritract. AirtMe IIIIIIN, Iliechoin 49 of the I exas COIrlSUtLJfiiOin states that vino debt sihaH Ilue created Iby or, on behaff of the Sllate ... Ii he Attorney GeinerWi Ilhaa COUris6ed that a corbaCtU6Ry imposed oWigatton of imiderninfty cireates a "debt'win the constnubonail sense. I -ex. A,tt'y Geri, Op. h1a, "AW -475 (1982,�Contract claii wKichi require the System oir Insfltufloins Co inderinniify MUst be delieted or quafifiled Wth "to the extent 1paerrnlitted by the ConsfituUoni aind i aws of ti'le State of: Ui exas," IIIc iquklated damages, aftoriney's fees, waiver of vendor's HabHiity, and waiiver of statrites of hnrtaUoins ciauses shorjW Mso L)e d61e7ed lor q.jafified With "to the extent peirrnitted Iby the Consbtuton and iaws of State of i exas Niot a nego'babietenin, III i. aRUire to agree wtli iraiNruyau youir proposa11 noir-irespoinsive and it wifli not be cciisldeirled, ii)o you agree to these tenrins? 6 Reirnedies 1i fie parfies shaiii be erft�Mlefl to exeircise any 16ght or, reirnedy av6i4aWe to it &rtl iieir at Naw or iiin eqOity, SUbject Co t[m dh6ce of iaw,veiriue and service! of Iprocess claiiis(M flirrrlatoins agreed heir6n, WtHrig in tMs agreement shaH cornrniiit Uire Rii"S to an arbftratr�)n reslohition of any dlisagireeirrnent under any 61rcumstances. Any ClWm aii out of or iralllatedto the CoinNract, excqpli for those spedficW111y walived urider the ternis of the Contract, rnay, after diein4i of the Board of ilrectoirs, Ibe subject to r7ra6atorr at tii°"ie irequest of 16ther 1yuaiwfy. Any issues not res6Cved Iheuµeuuinher IG A,Y be refbinred Co non-bnding niedNafioin to 14ae cu�)indiijcted by a irnuuNuuaNlly agreed uj-)on mediator as a prereqUsfte to the fifing (:)f any NavvsWt over siiich iissue(s) The pairfles shaH share the rrrediator:s fee and any assodared filiiing fee equaty, Mechliafuonu shaH I h0d in Carnp oir � tus Coixi Texarv. Agreemeirls reached pirr 7nediiatilon shaH be rediuced to wrifirig, and wirri be SUbject to the appr(wW Iby flihe District's IlBoaird of ilrectors, signed Nb the Iairfies if approved Ilby the i3oard of [)iirectoirs, and, ff sNgned, sl-iafli theireafteir the enforceaWe as IhuroVideh Iby the Ifaws of the State of Texas ii)o you agree to these terms? .__2ree. 6 iRernedies ExIplairwflioin of Ilia Answeir 6 ....... ... ............................... — ...................coo...... . . ....... .... .... -- .. ..... No response —1 ------ ....... ...... .... .... Page 17 of 24 pages Vendor. AV] SPL 200904 527 6 Gholce of Law 7 � �he agireeirnent between the Vendor and TIFISAii - SC Reg�oin 8 and any addenda or otheir add�tkMS msuhrng frorn tNs f)rocuireirnent process, homieveir desciriibed, shali be governed Ibyl, construed and enforced iirn accordaince with the �laws of the State of Texas, regaircfless of any confict of iaws princJpies. Tii IIIS DOES NOT N::'Ur` to a vendor's agireerneirit entered �into with a NPS Member, asthe Mernber may Ibe Uocated outs6al'exas. Do you agree to these terirns? d 6 Verwe, Jurisdiefloin aind Service of F'lr(wess 8 A,ny proceedUing, irrv6Mng Region 8 ESC or fli°�'S, ansing out of or relating to this pirocureirneint pirocess ar any contract liaauuab Ibly TI PS resUking from or any cointernplated transacton shafli Ibe bmught lira a court of lcoin,upeteint juds6cdoin un Camp County, Texas ainid each of the pairfles urrevocabiy sut)nllhs to the exduslve juinsdicfion of sakJ COUirt in any SLAch proceedUingll walives any objection Ut may riow rx ITaraafteir have to venue or to coinveirflence of forurn, agrees t�hat aH (;l4rns liirn respect of the FIircjceecfiing shaH Ibe heard and determ�ined crfl iry Un ains y uchi couirt, and agrees rump to brIng any piroceerfinW g arrig out of or r6abing to tHs procurement pirocess or any cointract resuffing firorn or any clolnternpWed tirainsacfloin Uin any otheir court. Fhe pairfles agree that 6ther or" both oftheim imay fille a copy of UNs paragraph with any cotirt asvvirRterr evi°ideirrce of th 14rrauanuwiirng, vokiintairy and fre6y bargained for agreement between the pairfles UrrevocaWyto ware any objectJoinue to venue or to c oirrveinleince of fbrum Process Uin any I�Ilroceedrng referred to kn the first senteinlre of tfns Secflon irnay Ibe served oiri array ITairty anywherEin the wor[d Any cfispute res6ufion process otheir than Rigafion shall have venue Un Caimp County or 'TtLIS Couinty Texas Do you agree to these terms? 6 linfriingeirnein't(s) 9 - Pre successf'Ui vendor wifl be expectedto nrdemNly and haid hain-riliess the THPS ard its enipioyees, officers, agents, repiresentaUves, cointractoirs, assignees and designees froirn any and aH Nird party cWrns arid judgments irrvcflOing infringerneint of patent, cqpyrrght, trade secirets, 'trade or sendce nnarks, and any 0heir inteflectuali or. iirrtaingibie property rights attdbuted to or cWrns based on the Vendor's pirrjposali or Vendor's Iperyarraaruaa of conbacts awarded and approved, )o ymi agree to theseteirms? Ees, i-Agiree...] 7 � lnfrinqeu�nent(s) Explanation of No Answer 0 No response . . . . . ......... .... . .....................__.._o. ............... . ................... . ....... ........... -- . ....... . .. . ................ - - - — ---- - -------- . .. ... ... ......... . .... .... ............ ........ . . 7 Cointiract Governance Any contract rinaide or entered into Iby the "llPS its subject to and isto be governed by Seckm 271 151 et eq, IFex �Loc Govllt Code, Otheir\Mse, PH[IS does not warve its goveirinirneritali hnnruinffies froirn muff or Habifity except to the extent expressay walved by otheir appficaUe IUaanswa liin dear and UrrarnbiglaOLJS Ilairnpuuage. Page 18 of 24 pages Vendor: AVI SPL 200904 528 7 � Rayiment Ternm aind Ftindiiing Out Clause 2 I:Iayrinent Tenym� RPS or flPS Mernbeirs sh@Hl hot be IIbibie f'or rnterest em.iate payi-neint fees oin IIaast due baiaiinces at a mrate hiiig[,Heir than permitted Iby the laws oir regWatiions of the gurisdk;floin of Ure THIS Member, Funding Out UaUse� Vendor agreestem aUde Iby the Ilemes airy regUlations, lirmeieuetirmp lexas LocW Goven niirneiint Code § 271,903, or any statutory or iregUatory fiimltatioris of the juri°isdicHoirr of ainy I P IlMembeir wKch govemirs contracts entered into by the Vendor and l PS (�m a I �IPS Member that reqOres Ml cointiracts appiroved Iay TEll"S or a IlµllHllISIlyernbeir are subject to fil-iie budgeting aind apprqpiriafion of curreiint]y avaHalnle funds by the entlty or its govenirflng body. See statute(s) torr spe6fics ()11'C()InSUt YOU11 legal counsel, Not a rregofiaWeterrn Fafluiiri�:, to agree MI reindeir yoii,jir piroposal nori,, resl!mnsrve airid lit WH iiqot be considem ed Do you agree 'to these terims? 5 les ---- — 7 linsurance ar�id Firigeiqlpidinit lRequilreinneints Information 3 linsurarm;e �llf applicaUe and YOLP" Staff WHI lye oin -PIPS member prerrOses for deflvery, tirainkrg or 'iiiristaIaUoin etc. aind/oii,Wth an automobHe, px,j rmSt carry auk.)irnobHe nsurairmce as requilred Illy I[aw You irnay t)e asked to pirovide proof' of liirnsmwurance, FiriggLprinI �llt is possitAe that a veiridor imay be SlJb�ect to Chapter 22 of the I exas lyducafion Code Pl,ne Texas llldiucafiori Code, Chapter 22, Secfioin 22,(234, Statutory Ilemmpeuepe may Ise found at: httpWwwwstatutes Ilegis state. tx. us/ It the vendor Ih as staff that meet both ofthese c;dteidom (1) will have C01111U11110rig duties 16ated to the contracted seii�vices, and (2) has oir MlHl have 61rect C011"ItaCt 4flll StUdeints 11heiin you hzlve "coveired" employees foir ouiirIl)oses of comri.Aeniing Uhie attached forni. IlTll)S iirem'*iirniirrreiirds 611 veridoirs COMWith6ir Ile,yrsl cxmirns6l faii, c3uHaiiiice limn c(�)innpl'Iaiiice with tKs Ilaw, tfyoU have questloi,is oin lrow to coiirnp�ly, see b6omi, lf you Ilgave questons on wrth UNs code sect�oiin, contact lase Texas Depar-tii,nent of PWAmlc ute..ty 14yomr CiJiirniriii6l JusUce Acces!;; and llftseiimuinafioiin lltiumau, FASI IIlllAC i at `4 GJ U @tAps, state. tK us and you slhotflld send aii �ii iiaiinafl denUfy�ing YOU as a contractoii to a Texas liirdepir:uiiident Scho6 ll)istiiIct oii', lliiiS(." lRegioi-ii 8 aind 1! HF!IS. Texas I)FIS 1p�hone rwii-riill)eiir its (5,12) 4242474, See kwirn iiin the inext att6bute to coiimlpflete eii'AlUe& �l'l exas Educafloin C(°)(Ie ( I thqpteiir 22 Coiintii,°actoiir Ceiirtfficafion for' C0111LIMCI1011" llllMlclioyees Page 19 of 24 pages Vendor. AVI SPL 200904 529 7 "rexas IIEducation Code Ghapter 22 ContiractoirCertification for Cointractoir ErnIliloyees 4 iirrtiroducUoin..1'exas Educz)tion Code C:dlhnaalpidau irapuufliras einUtes that c(:)intract with sdto(A 6stiiicts to pro)Jde seir)Jces to obtain crirniin6l INsdcnry record dnforirnatbrin regarding coveiied ernployees Contractors ri ceirtffy 'to the (dnstidct that they Ihave comphed. Covered eirnpk)yees wr:h disqudif&ig cdirrflnM Mstories are sirohiiUited from seiMng at a scho6l ddstdct. DefiiriAions: Covered enrpdoyees, [Drnpdoyees of a contractor or subcontractor who Ihnave or wiild lhave contnuing dutues related to the seir0ce to be Ipairdcnrircracd at the Dstrlct aind have or wilfl hiave 6rect coritact wrth students, The DilstrictwiH be the finaIII airibiteir of what conStitUtes 61r contact Witah students. Dsqiulffylirrg criii-Nnd histoiry�� Any coinvirfion or otheir crnnnnW history iinformation desgin ated Ly the Ustriict, or one of the fofloWing offoinses, lifat tire birrie of the offense, the vlictiir'rl eras Under 18 or eini-oliled liirn a pu,u[tflc school` (a) a f6korry offeinse uwurncder Fftle 1), dexas Fler4 Code, (b) ain offense for wNch a defendaint ds requiiired to iregd star as a sex offender uunsder Chapter 62, Texas Code of CirlirnAnal Piroceduie" coir (c) an eqUvakeit offense LaWer fedeirWI law or the Ilawnrs of anot[reir state. I certffy that" NONE (Section A) of the empNoyees of Contractor and any siubcointractoirs are covered employees, as defirred above, Ilhd this box is checked, I furtheir certhy that Contractor has taken Iprecautlons or drrrposed coinditilons to ensure thal i ' lhe er,npllloyees of Contractor ain(l any subcontractor Wfl not becoinne covered emploes, Con yetractor wffl rnawiirt6n these pre(2ufions or condffioins throughiout thie firine the contiracted servikras acre Israwciicdacd. W SO PAE (Section B) or add of the eirnployees cad Contractor and any subcontractor are ccwelrred ei[inpdoyees lf flNs box its checked, d furtheii, ceirtify that" (1) Contractor has obtalned all reqUired &iirndin6l hlsft)iry record kifoirrnafioin regar61ng lids cow Dred ernpk)yees. INoine of: the covered ernployees has as 6sqUaHtyung criirn'uinall Ihwlistoiry. (2) ff Contractor receuves inforninatiloin that a covered eirriployee subsequendy has a repoirtenJ ciruirniin6iistory, ("'ontiractor MH drnrne6aWy rernove the covered eirnllfloyee firomi contract duites and notilfy the ir I )ilstrct liirn wrifing wilthiin 3 Iduu.nsiirness days. (3) Ulh)on request, Cointra(;tcrii )MH pirovkJe the District wilth the inairne and any other requested inforrnafion ofcovered ernployees so that the Mc3tirct may obtadn cirnilinM history record infbirirnaton on the covered ernployees, (4) If the Distinct objects to the assdgnrneint of a covered eimpdoyee of the basis of the covered eirnpdoyee's ciriirrflirad history record dnfoirnnaflori, Cointractor agrees to diisconflriu,ie using that covered ernpllloyeie tio Iprranalicda seirvic�es at the District, NJoincornpflance or Tnis, ire piresentaUoiri reqair6ing tiNiS CeIrtJfCBtk)In MEW Ise girouirdsdrum cointract teirrriiiiratior. Page 20 ol'24 pages Vendor AV] SPI., 200904 530 SIB '�" r�nlril�ut � e�cuµurtru,uct�oin� contracts to 272 �2e �upVY"ellYnrneuYnts as of t 0"I " �.xae ,��@Hees alllr w� Code lc urc o have provi's'ions requfiirtirng the coinhact tnn Ilne subject to the Ilia x of another state, to the required ars itigate the contract in a noth r state, orto r.egWr irlt)utiraUiori in anotheir state coirnt:ruct with Y,unr:uhn l:; moll i'i n s is vrMrid aNe ttrn eir Brie new si a:u.ut , a "con i:rrnGP:liOrl contract" iiu.nd: u r s cointracts, suboi.nrntractsl, or, agreerneiY•rtc with (arrnoin2 other's) airclhitectx, eirgIi neere, contractors, coir°stru.uctioiir rnnarnayers, eyu,.ul,prcernt lessors, or irnateir'Ialls xuppliierx�. "CCourutruct'000 contracts" are for t::t'ne 7es'iyur, COIII etrU13"t��lr:ur'n, alterabon, renovation, iernnodelHing, or irepar of any IlnuVll2'ing or irrnprovemernt to real/ piroperty, or for fuuruntolhn'Itng rnateri4s or equlpmernt for the Vproject Blue terirrn rnllco i nciudec irrnoulirn2; dernnrrllitioun„ or excauabormn 13Y p..tt IU V Vltt PR V SOIC''tVTATlC'ttV'y, AN[)tf7t� WHEN APyl ull...C� II°CII .y, I IIE 1O7 l°°))OSBR AGCllill=ll�'y t 0 ""C�C:tllylll°�1... VII II t "'I""II VII � t3t,tf�llllyll°22 1.V Al'rllD COMMERCE CODE n 272WHEN 17 li:mCyt.tTUIING CC)NTR 1t S CSITI V THw'S MEMBEllR"II"'lll lKF" RI 1II'V3XAS GOVEt:RN EtrV.p..1711'^Tl" T1 137. 7 pwexas Goeernrnreurnt Ct'lode 2270 Verification IlPorm 6..'Fexax Government (Monte 2112 70 Veirifiicnuntiioin lFonn°n If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant to Chapter 2270 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes. Our entity further certifies that it is is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf I swear and affirm that the above is true and correct. 7 Logos arrxt otlllheur couorllyaurny uurxaurllrs 7 Please u,u lo,ad your cornu ae. Ilop„ o to be added to your iinylulidUap :profile at,. e on tine 711C'ICt website, VC an Cu y 2".' Y t Ili 13 "t � y Ipairti°icuulkair sprecfficatlor°nx acre requ.u'iired for use of your coirripairuy logo, Iplleaue upload that information rurnder tlhne "Logo aurnrt Other Company Marks" uectloru urnder ttne'1ReclponseAttachment" talr, Preferred /...020 Format: 300 x 1223 px ...prn2 elpx, jll e2 preferred Poteirnt.ual uses of coin°upmirry iu°n2o: 531 7 SolicitatJoin llC)evia,tioiiri/Coiiinpliaiince 8 Does the vendor agree with the Genei-M Conditiions Staindwd reiirns and Condftlioirm carr Illternn Si'aecfficatiions irStE.d rn tiNis pirqnosai limAtaatlicarny 7 Solicitaboin 9 ff the bidder Untends to dev�ate froirr) time GeneirW Condihoins Stairidavd Terms and Con6fioins or fteim S pecffica Ho iris fisted in this piroposat rrrviitafion, Mt such devrations riiust be Usted on thils attrllmjte, With cornpUete and detaHed coriditiioiris and Inforrnaflon iinchjded or attached,, �11 PS v0H consiider any dev�aflons liirn its piroposaal award de6siioris, and TIFIS reserves the dght to accept or reJect any Nd based upoin any devliadons in6cated Ida low ran.in any attachrrients or iinCILISioins, lin the absence of any deviiabon entry on this attii th Iprrnposer, assures TH'S of th6iir ftflit coirnp�kaincewlith the Standard iFerryrs aii Coin6Uoins, Reirn Spe6ficafioirrs, and M oUheir inforryration contained in anis Sok6itat'iioin, spol'Ise ........ ......... . . ................. ...... .. ....... .......... 8 Agreemein�t ��iori/Compilaiiiiice 0 E )oes the veirdoir agiree Mh the iianguage iinthe Vendor Agreeirneinl? 8 Agreernieint Ilya.ceptions/Deviations Illlyxplainafion If the proposing Vendor deskes to deviate fbirr'n the Vendor Agreeirinent ianguage, aH such devllafioins rruist Ibe irsted os anis athibute, With complete and detaHed cond�Uoiris and informabon indiuded, THFIS wRl cons�der airly dev�afloins Irl its piroposW award deciisiiorrs, and TRS reserves tihe i to accept oi� reUect ainy piroposal based uporl arly (Jev�iafioins it bek:m In the absence of any deviiabon eintry on tihis attiribute, the piroposeir �Isysuresz lliPIS of th6ir fuH compiliance Mthi H'ne Vendor Agreeirneiril. . . ........... -- ...... ...... .. .............. Fsponse ........ --- -- – — .......... ....... 8 1:6bny Convictioin Notice 2 1 i exas I dLlCat�!Olrl Code, &Kfion 44,034, Nohficaficm of Cirrminal i UMOVY, SUbsection (a), states "a persorn or bLil,'ShIeSS einfity thcat enteirs ri as contract withi as schoo� distiriict rnust give advaince notilce to thuya 6striict 'it the person or ain owner or operatoir of the busiiness entity has beeir (;onvicted of a feiloiriy,, The nohce rrKJSt inckide a geneiraU deschpfioirr of the conduct resuilting in the crrrrv��choir� of a f6iony." SlUbsecUoin (b) states "a schoo�t distriict mray terrrinate a contract wRh as person or busliiress entrty ff the 6sthct deteirryflnes that the limirsonn oir busiiiness entity faHed to give irmUce as requiiied by Subsection (a) (�rr i n is irep resented the coinduct resuffing Un the coiWictiioin. Fine distdct IMILISt compensate the i')ersoin or busri'mass einUty for servlices licaairtrarirrnract before the ten6inafioin ofthe conbact," (c) TNs section does not applly to a PUNUy irekJ corpoiratJon. "rhe person coirripUefing this Iproposat ceirtifies Uhat thley are aUthodZerl to provide the answeir to this questiori. Select A., lB. oir C , A, My firrn is as pubiUy Ihekl coirporafion" therefore, this repoirfing requiireirrent is not applliicaWe, GiR B.My firm is inot own(:NJ nor operated Iby ariyone wird has been convicted of as fesonny, OR G IlMy firim is owned oir operated by the f6HImMnqln6M6,mil(s) who has/have beer [ coirrMeted of as fe.ilony, (ffyOU answer C below, you are required to Ipu.aranaide kifoirnratilon in the inext atffibute,, Frim not owned noir, opeirate ser a .. ...................... . .. ....bun Page, 22 of 24 pagus Vendor AVI SPL 200904 532 Ilwy�lll uu answered fuf My Firim iu in deur fn ur°aaif df I �y a flim �t �ffa l�aam� �wdf au question, y uu are l�ww� �f �f O ANSWER TIIE IUr l III.. OWING QUES''noi4s. if YOU answered ff" Uffy IRirrnn is owned or operated by as felon to the previous gUesflic)ir, you rrnnusn Ill irovi°id the fc)Howi°ina nrfnirrnnnatio n. f . Narne of U=dclnain(an) y..Ip..he named la r.ndan's role in the fiirirnn, and y,IY etaails of fydwnvi cf:Udurn(na). uQ;nen--- — ....................................... �.........� ..._.....µ..._.................ww........................................_..........,.,..................,._...µ..�"."..._.....�._.......,.w......,.,._......_.......w. _...._,..._............._�_,.,.,.,.,................. _.......__. .._.............. �.,_"_,..�....................................__..m...wwww.....nw_..............._._.._......_......._. ._. ,.,."".... _.m........._ww...................w...._...... 8 Lnirf TerrnyG alm�lm faur�aa 4yff� f�yVIIIn"naaun ff� fl.dddundrf rnd�.�U�-d rraaP i~drunf and :..°:.wzalualr„ . rcliinfn ww0il be nauawuu ndadf to this n°riifdrariion based duon ydaunr aair"nnwdwa'N tO thls ffU:frlfuuufe. Ii auorrrn awarded if you agree not uir°n ire anaa your nmcaafrulldrdy fuelces (as defined irned heireli n) more than ff% airninuuaalHy oveir the i.)revlous year foi- eairs two and the u year fduuir, unless airairexigent circumstance exist in the unr rld fllalllaann and ann maedis Ifcir ce f:lhnur"a�wT swan°nwf aafawnf;Yaalllye l„ increase which exceeds % aainr°uu.uarlllly Us ruuulafadcirfdadf Ihcy dd`cd.curn°ncu"nfaafldcr"r provided by YOU ra ra df ydauu auul"rlfflers and sh auredf wwwiith TIPS, lif urequueste(:f. Ilf yduu agree NO..U.. l.cr increase prices r°ndure th am 5%, excenf when n jauawliifledf tq supporting nfdrraaurrdenfaaflid°an, you are awarded 10 Ipoir)faa; Uf 6% to 14%, except wawll-u rr jjaudafsf edf by ,aufrlfrdarflruff dadcumi rntflan„ you recerve 1 to 9 pa links iincr rn nfaally. F'rice increases 14% or dyul" f r„ except Wheru yunflf"l dl by SUpporting d o cn..ur°rndrnn"nl:nnfudrrn, red*suers ff Ipoints. :...a .`" .........._..... �.. ,,, .W" W". _ nrn.r...... nUlly fair .....fudur....� 8 Required Co nffi ent4llfy yflaalruru Fuar°unn ffdadlu&edl fydnnfldfu. irnf.uaafii9ly f:ollwaUn°n FormThis s completed form is required by ff lPS By submitting as response to Uris uaduUldtaaflio n ynu agree to dfnwrwnldwandf frnirn the "Attachments" sectiidcn.u, dcd:cnrrnlfwllnte according fdu flims ii insfrUCtionnrc on trie €oi nrrn, then rap° loa6ng the completed Form, with any dcor°nfUd ent4ll ffadchirreu°°ufa" if applicable, tothe e "[!'f nydains ff d»II°nmeiuntn" secti can fifhdf "Crunfldf nfi°iaaUlfy Fornrrn„ in chid ier to l°)rdunld e f:dn ..fIIIP flan dnarrnpletedf form fiiflledl, ` f Nlf UffI U„ .Ii'lX.Im.IY"y" SII"..AHM f" UU:fl'wf'", By dadaunnfnlwafpinff fIIINis yurdancnan, YOU provide u,uua nwaiith flnda information we reqUire to ndnrgDly wa th the dnlpaunn record laws of the State dal,..IU..ex an as they rnnay appy to your proposal nau.ul°cnnissiiran. if YOU do not IYairc*d e the form wiifll.n your proposal, eine nawrwraird.l w'wiullll roo be rruwadfn Uf your fara,ryresall is dfuuru kfiedf for an award, until ylPS has an aaCCUraufda, conrU,ndlleted foiirrn firwurn you.u. Read the fdnrrn nanudafuullll y Iw)efore cornpUeflng and lif you have any questions, dnanaruul U: pdclld Po wdrlllll at Illlll:"yl at r ck pgW l,Ufddxjofu ,-aanda d.orn 8 yffudnuUi as of Law clatises with TAPS Meirna ur° 6 if finch wran"nonfaur is aawnaard iedf an contract nr ti, -nips rurndfdwMu. this dpUlid:rpfwnfodnin, the ndarndfc°.no, agrees to rake any Choice of II...run°uw v dclausesw, fnnernndcr it en'tere °°dwl kft between flthe�awww awarded eii-nd crir rarnd"I wwwufllmn dna IlFIS merrubeir n� infUfy fdr nrn any dndrrnUn`��.au�.,1 or, anwr read as fc)Honw,a; "CdInduUce of law ref°Hall be the laws of Hada state where the customv uresldfarn a or words to ffnaaf effect. Agirdaduadf.........."M...__....._� 8 Venue of dispute rs solutiicaun liifly ei I""IlHPS Mernber I )S lin �Ifnn warnf� d�°cf UUfldf��af�i'idco,n d�cr u.u,��~~un of any dfpn;�au.nfn ra;daUufUdrn nnrudadnfnll l�nnr�°n nnanllurn dfUaunuufna nu" r:�r �� y of n �n I � ,.� rn°ndnirrnfraar nnrirfof, aaaa wa result of a transactor) or) faetwwweeirn IIi° e vendor or aandf "U"IIPS or flhna^ ..fll°)S rn°Haim°nb r e nfiify, flllnda Venue for any hfu aafudrn or other agreed Upon nnnd6l nlnnalll be iiia the afnnfn and county where the customer iiesUdes a.uniknaan d.aU:u erwlnrr agreed by fh(e parties at the Hinds flndn dispute rnrnunlluufuunn it"ndad el is decided cid edf l)y Hada parties. ..................._............. ........... Page 23 of 24 pages Vendor AVI SPL 200904 533 8 Autornatic. reinewal & cointiracts or agireeirinents with rii-,s or as I I uaaernbeir eintity 8 1 his ckiuse.IC..)OE:S,,No . r pirohilU� t r7iiuNyear cointiracts or agireeirnents wMi 'rips meimbeir einfities. i3ecause TIPS ain(J TUPS membeirs airovernimeirit6i einfities SUbject to iamis that cointir6l apprqG�)dafioins of funds durk'ig their fiscai yeairs for contracts and agireerneints to IprmnwaliaWe goods and services, does the Vendor agree to hmit any autornatic iranrnaawraaall dauses of as cointiract or agreement executed as as resuhof this WIS soh6tafion award to not ionger ff°mn "mointh to mointh" arid all the PiI:�'S cointract.EA rate, E 8 �arttnsr�a ideirninfty I firatation witi, ni��S Members 9 al 'es restiftt by ��aw or stale (onstitution, the abHrty of a governirnentall entity to indernnpfy others. TIHFIS irequtlm.a.raa that any contract entered liinto 14 etween as vendcm aind']F1Hi)S or a pFIS Member as a resuK ofan award under th��s SoFcrtaUon Hmit the reclWireimen't that the Custorner, �irrdeimrrhy the Vendor by efther ekrnliirmfling any such �irrdeiminrty reqU�remerit ciaUSE15 in any agireerrienits, contracts or, otheir bkxfing documerft .0IR by prefacirig aH indeirninity ciauses re(jOred of FII�"'S or the FiHi)S Member entity Wth the f6lomfiing: " Fo the extent permitted Iby the Ilaws or, tIire Coinsfitution of the state where the custorwrer resides, ", Awmirm-n— _a, Y.,g.cadredsondifiga y,�a IM Of I. m 111Ia.!i!2Ii!illi t J, aA qa� 9 Arbitration Clauses 0 Except for ceirtalin fbrbids as mandatory aitbitration d�ause Win any contract or, agreer`rnerrt entered into damp weein the awarded vendor with'111-111; oir as FII)S membeir entity, Does the veindoir agree to excUie army arNtiration requkeirneint lin ariy contracts m agreerneint entered irito between TWS or, an 'rwS rnembeir enfity thirough arr awarded contract with I flii)s? 9 Requiiired Vendor Sales IIY elpoirfiing By respondWng tio tNs Sokl1atJon, you agree to rqmrt to THPS afl sMes rnade under any awarded Agreement with I II:�S, Vendor tls vequired to relport W�i sa�es under the I PIS contract to FIF1113. If tIi ne 'TIPS Ilaarnnbanir entity iraaquuauatuirmg a Caritas frorn the awarde^d Vein(Joir requests the "TiFIS contract, Vendoir rani ust incllude the TIPS Contract riurnber oin ainy communicaflons Mth tli'iCi F'SMeinibeir entity,, IIf awarded, YOU WhI Ibe provuded access to the Vendor IlyrairfaL -Fo report saies, logtln to tlhe RiPS Veiridor FloirW and ckk on the PO's arid 1Flaayments tab. Pages 3-7 of the Vendor �IPortal User de WH waHYOU through the process of repoirfing sales toFHPS, Rease refer to tihe TWS Accourit' FAQ s fbir moire Gnf'orirnaUon abOLA repoirting wades and ff YOU have further questions, coritact the Accounfing Fearn at M.m;g :L15,asm. The Vendor or vendor assigned dealers are respmW rs�e foeeprie ir king cord of aH - salles that go through the Tfli-S Agreeiment arid SUbmitting saiare k..1i WS, 9 Urpload of Cuirrent W-9 Required 2 eao note that YOU arr e equ�ired by fl[�'S I-1sto uplload as cuirrent W (9 hiteirin6l ReVEMue SeMce (1['�ttS) Tax F:'oirirn for your entity, This foirrn WH be uitifted by FiPS to propeitiy kientily your entity,, Addifior4l1y, �tlf not designated "Coinfidenfl,A" in yow ICaroposa1i response, Ithis W 9 rnay Ibe accessed pray 1i Illya IY irinbers for the purpose of inraking "IIIS pUirchases firorn you in the event that YOU are awairded, If you wish to deslignate your reqiAred VV --9 corifidentiai, p�lease do so accoird��ing to the teirryis of the C'Xinfideritiaky 016iim Forirrii which is an attachmeritto tNs sokitafioin. Page 24 of 24 pages Vendor, AVI SPI, 200904 534 CERTIFICATION BY CORPORATE OFFERER CON11"LE"K7 (MI Y IF OFFERER, IS,,,%, CORPORAIM"i, lik"FOLLOWING AYE XFIFI"AT E SHOULD BE EXECUTED AND INCLUDED AS PART OF PROPOSAL FORM/PROPOSAL FORM. OFFERER: Audio Visual Innovations, Inc. (Name of Corporation) John Zettel certify that I am the Secretary of the Corporation - — --------- 9--.– --y . . ...... a 1, (Name o Corporate ecce ary nained as OFFERER herein above; that Steve Palmer (Name of person who completed proposal document) 111� 111� pill 1 1 i 1 11 i L Chief Financial Officer of the said Corporation; that said proposal/offer was duly signed for and in behalf of said corporation Is authori�, .its governing body, and is within the scope of its corporate powers. CORInt RAT1S"`ISFA L if available <1"', . . . . ....... XV S DATE 535 11VIFIRM0 CONFIDENTIAL INFORMATION SUBMITTED I T1E`D pN RESPONSE TO C~"C7lu✓ PETITIVE PROCUR'EvENT RECtJ STS OF 1E]C. (JCF TION SERVICE CENTER REGION 8 AND °YIP (ESC -8) IS GOVEIINED BY TEXAS GOVERNMENTCODE, CHAPTER . 52 lff°yo u consider any portion of your proposal to be confidential imnff"olrmnatiomn and not subject to public disclosure pursuant to Chapter 552 Texas Gov't Code or other law(s), you must attach a copy:of all clahned confidential materials within your proposal and put this COMPLETED form as a cover sheet to said materials then scan, name "CONFIDENTIAL" and upload with your proposal submission. (Your must include all the confidential information in the submitted proposal.The copy uploaded is to indicate which material in your proposal, if any, you deemmn confidential in the event the receives na Public Information Request,') 11_SC8 and TIPS will follow procedures of controlling statute(s) regarding any claimmn of confidentiality and shall not be liable for any release of information required by lave. Upon your claimmn and your defense to the Office of Texas Attorney General is r a.puuirt,"d to make the final m. letermmnimnatimann whether the information submitted by you and held by ESCand TIPS is confidential and exempt from public disclosure. Audi(.) Visual Innovations, Inc. Name of company Steve Benjamin, Executive Vice President mroimmlledauthorized ............. Name amend. Title of autll ori ed company officer declaring below the confidential status of irnaterial 6301 I emmpannninn Road, Smite 101 Tampa FL 33634 city � ...................State,,,,,,, .._ .... IIS AU VENDORSU UST COMPLETE "I 1-1E O SECTION, DO CLA,l '�� o " proposal Co be oomdm ima, and 2 Ldesmre Co expressly waive a claim o casnfidta it�y offal6 imnff'orunmationn contained within our response to the solicitation, The attached contains material 'from our proposal that l classify and deenn confidential under Texas Gov't Code Sec. 552 or other law(s) and l invoke my statutory rights to confidential treatment ofthe enclosed materials. ATTACHED ARE COPIES O 1 1PA 1�`, OF CLAIMED CONFIDENTIAL IAL FROM OUR PROPOSAL, TI ]AT WE DEEM "I'C.�,,,B,E..NO,r.C�UBLIC INFORMATION ATION ND WILL DEFEND THAT CLAIM "]CO THE TEXAS ATTORNEY GENERAL IF REQUESTED W14EN A PUBLIC INFORMATION REQUEST IS MADE FOR O(JR PROPOSAL. Steve Benjamin, Executive Vice Dlgii aRy rignead by Steve Benjamin, Executive Vice Si mnatmnremP...ndMs¢a� .' ....eent Date:c�ete, ... ...._...... ............................... 2 denY z 0,10 1 .. 1 1 5 pa 14 :02 04!kM ......� .......... Irate „10/15/20.2.0 Steve Benjamin, Executive Vice President IJ lQYiq° �CLAIM tummy of my proposal l:0 be cutmml:inrulemmCUal, complete the slliunbelow. . " m t desire to expressly waive any claim of cornllidennt:Wity as to any and all information contained within our response to the competitive procurement process (e . RFP, CSP, Bid, R.F"Q., etc.) by completing time -following and submitting this sheet with our response to Education Service Center Region 8 and "I"ppS. Signature_ Confidentiality Claim Form rev 02272019 536 6301 Benjamin Road, Suite 101 Tampa, FL 33634 Phone: 813.894.7168 Toll ��82,67xs Fax: 813.882,9608 wWW.avispl.mom Manufacture warranties vary by product and may be followed by service plans provided by AVI-SPL. Please see your Account Representative for additional information. 537 W-9 tRru October 20188 loaranmgm lit ot On Treasury marn,V Rooinugg Semice nt M CR rIr CL 0 CL 0 z U V CL to Fur xa as Request for Taxpayer Identification Number and Certification P, Go to nett AvJrs,govrrbrrrflV9f or InstnucUtons and the latest finforinniaton. I Name fos shown on yrNn incorne wx �o Visual nncrvahcfnjJn2 n , ell Vy � arne, rJame is raqvirad on ftD filrra' do not leave Xhis, line blank, 3 Check appoaprinor box for tedeafl ror claWicarior, of thv par5on w1hore n,,,i,me In entered or firm I Chock oin!y one of the ovbwing seven boxps z C cwpci EI S rxqtonewwl ailnC,W member LIX D Linn teal lgoulfty CDMPWIy, Enter Ohre dax dassdoaWn jCC corporation, S -,S carrmraflon, e- Partnership) 0, Mesa; Chack H)P. appropriaW box in fho lino above for uhe wx ciassfficafior of the sin&-nuurnion, owner, Do not chook Pt.d If the t LC is :Wusffiod as 1 singlo-nember LIC ftr is disragirded frUM Pro (XW,,0fr zalrnllnan tni, Oryftr 0C thin 11 ls anaffitri, LLIC, ffiid bM *%tiggarded Brom 1he owner for U S fuldeng gas purposes, 01herwize, a air oconion1mr LLC that is diwagardeld frorn Ilm ownor should cherjr ft approprOw box for ffis icx clast0ficallon W 4s overmr, i=L2�tr (see fnsVucfiona� go ...... .... ...... .... 6 Address (nm ubor, agreed,drd apiL or suRa no,11 Sur, lnvlruCIllWiS CAy, ritafe, and ZW co de Ft. 33634 -.1— ........... . . .- —I------ — oiunt nurSibu qs) hero tlap6o)lay 0M .,.-,,:rAx-p—axe-r—lqs!!��i!cation Lumbar (T ,N provided alvist inguch Me nafne glvian Sarl Hine I liravoid Enter, your, tIN lin the BI)PPistsdale box. 11, 1 i'd res ckupw4hh0ding, 11:,sr hdhIMwls, this is genersitly youn sodal securtty niurnbel, (SGN), t loweve, lim a reslident allen, sr le proprietor, or disregarded enilty, see the instrudions for Part I, tater, For other enthtes, tif is your enrrpoyer ldentificarUcin number (EH,4tl. ff YOU do n0l have a nurnber, see How to ger as TIN, later', Nota', If the account is !in nma, th;vi one trayne, see line bsltruclona for Me 1, Also see'What Name and Nuirliber To Givis the Requester kw quildeltnes im vilrose number W enter. M GxNe Forim to the requester, Do not send to t1lire M. 4 Exarnptwm (f*des agqfriy unIV to cenami Qnfilrer, not indiActuat% see 41.1-Jrurtions On pe:lc 3t� Exer ngx payus, crole (d any) 5 Exernb6on forni FATCA repoilling U011jehfany) g-pT, ',,IS FO M US) JiMLI_...2eirtffication i ry, t reriffy ffiat�� Mido pergMfies WTWp . ..... . . ...... . . ........... t The number Wiiown on this 1formrr is my correct taxpayer ldentitivatbri number (or I am wafting for a nrunber ic be assiued to unp)'; wid, 2, l am not subject to backuld,w0ho4rig becrause; (a) l ascot exernpl, front backup wlthholding, or (b) 11 have riot been notified IIsy the irVerinat Revenue Servites (M) that B awn &0eat to tstickup wnh]ilYdhsg as a result of a failure to report Wl linterpst or dMdends, or (c) site lRS has nicifified methat 11 am no tonger sullefect to backup aye lhhrrkfinq� and 3 t arn a US, cffizen or other LLS persort �defined begaw)'� and 4. The F: ATC A code�s) eMerect on thils horrn (4 any) indicating that l Wit exeml:u from FAMA lollmillng as corred, Cartifiratkun tnstrucfiorgs. 'You must nross out illeoo 2 above if you have bewre nofted by Use tRS fl! at you gro e curranfly suf)iect to hackup vjitN rOdng because hou ✓harre faikad tii��f report afl iniierest and diviidends on V>,r lay, raturn, F"ar reof erhalle Vansticlions, itern 2 does riot applly g::m nnorilgage Irderes', poid, acquisn or aixindarrarant of securedprope, ly, c fIldlion fr� debt, cisnUflDufilans to an ndfvIduW refirconwit airangerl �Ifyy,), and qrrnrsr0Hy,, payments other VI gan tri and dMdends, yii� >,,u,Pred� to sign flic cwti8cation, bur you tnirisst lhrlcwrde your correct THY, See the InstiricMnis ksr Part fl, gater, Sign Signature of Here U.S, person b, Date 0, General Instructions - Form 1099 -DIV (dividends, andudlsig throse hom Macks or mulual fuii rds) Section references, are to Om finierinnIl Revenue Code uHess mhervuse 1, Form 109q ?MSC (varicrus typps of ircrocne, f!iirizes, swards, or gross noted, p r o c e P, de) Figglurs deedopments. Fair rhe falest information about devetopments - Forin � 099 B (ziluck ar n,wlluat fund sales and ceflafti cAlhio Telaled to Forgri Wg and its iristtucli stmh as legistafiron eirracied frarisasrUrsis by f)rr,,,1(aFrg) Paled were pubfished, go Ing vvoww ns 900FOol"W9, - Forn" 1099-S (proceeds from real estate ill ansamons) Purpose of Form - ui 1099-K Orerclutnt card w,id thilrd party inetwolk liwmaclions) An Indyiduat of terfily (Foirn VV -9 requester) who is required to file an - Forin B 098 (name niorolage frkerest), 7 098 E (studient Ilomi interest), trtfornialton return with the lRS inust o bWn your correct taxpayer 1098-1 huWwl) clentificaflon wrirber (rtl,4) wNolh rnay be your socief sedu6ty, nurnber - Form 1099 C (cwricded debt� (SSN), grglifividual taxpayer idenfificaficm number (Mfg), adopfion - Form I 099-A (acquisillron or abandaitment at secured pirtypeirtyj tnXpafrell Idertfification inumber (ATIN), or errlpBtrlyer identiflication nurritar (EIN)II to reirtort on an n4ormatlon return ifie ainci pairt to yisuor Wher ➢se Forrn W-9 only if you are a US, f,)erson (hiduct4q] ri ret;Wenk arnsount istportabbt on an Infor# riatbirt return. Extsricpes of inforirtirdlon often), to provide your cori,ect Tft Mums fincluft, but We reit fimMd to, this folloWng. Wyorl do not return Form W-9 to Me requesle), WIh a 777, lrou might Form 1099 -Mr (Weresl eanmd or folki) he SLatnfCt to backup Mthfati'dirly, See WI! rat is backup vOthhollidicq, ............ . .... .. .. ....... . :..:.:............:.:.:.:.:...............:.r cuo, IU231X . ...... ......... . Fairn W 9 (Rabb", 10-2018f 538 Proposal Prepared For City of Boynton Beach Utilities Training Room AV14O0**SPL 0 2501 SW 160th Ave Suite 500 Miramar, FL 33027 (954) 938-9382 Fax: (954) 776-4772 www.avispl.com Prepared by: Zoran Visnjic Zoran.Visnjic@avispl.com Proposal no: 425765-5 539 Thank you for the opportunity to provide this proposal. We value our At AVI-SPL, our goal is to it partnerships with our clients, partnership and we appreciate our continued partnership with you. with you. We are dedicated to providing you with solutions that will enable your organization to perform at the highest level and be in a position to meet the challenges you face today and in the future. You can count on the AVI-SPL team to deliver exceptional service and solutions to help you improve the user experience of your collaboration systems — anywhere in the world. Our vision is to help your teams work smarter and live better. AV� S L U' 425765 5 540 Wetake your investmen't i in collaborative uti seriouslyu do. That's why we're with you every step of the way, making sure you have the support to keep your business running smoothly and you get the return on investment you expect. The hallmark of AVI-SPL's client success is our ability to keep pace with the technology trends that drive the way organizations operate, and to innovate and improve upon them so that we can offer customers a standard of quality that no other company can match. AV I When you partner with us as your trusted Commitment Expertise Proven Record A partner committed to your Expertise you can trust A proven track record of success and making a positive to guide your digital supporting deployment and impact on your organization transformation and realize managed services in -country, and our world your business objectives wherever needed Global Reach Customer Experience Analytics Optimized global deployment World-class customer Focus on actionable business teams with in -country support experience with a continual intelligence with routine reporting teams to deliver localized improvement mindset on key success metrics and usage solutions and service— anywhere informed by the ITIL analytics powered by our patented in the world methodology Symphony application AVS L U' 425765 5 541 AV I �� w AVN -SPL Project roject Nntegration P rocess How we define your needs and follow through with consistent execution~ AVl-SPL ensures h�gh quahty project dehvery tFiat is On time and on budget. • Define and document each step m Determine aneffective, standardized communication and reporting style • Develop acomprehensive training and adoption program ~ Dedicate regular oversight tmthe project, even after completion AVU-SPL uses a five phase process to integrate solutions seammlesslyand focus on the end user experience: mum VVewill host akickoff meeting and work with your key team members tudetermine the best approach to making your project a success. Our team will review the scope of the project, the schedule, the communication strategy, and all other relevant matters toensure asmooth start. 111:1Nan The planning phase begins with development ofthe project schedule including detailed work breakdown tasks identifying key deliverables, dependencies and both internal and external milestones required to successfully execute the project. /YJ-SPLwiUcomp|eteaUenginmehng'pnognamming'fabhcadmn.andon-sheinstaUadmnactivitiecVVhenthe installation is complete, testing is executed prior to the final inspection and acceptance of the deployed solutions. This phase isfocused mnconsistent review ofproject work activities toensure alignment with the approved project plan. Our team delivers quality assurance through checks and balances along with consistent testing at specified intervals in the project lifecycle. We will review risk management plans and deploy risk mitigation strategies toensure scope, schedule and budget remain mntrack. The final phase is centered on completion of al I contractua I and operation a I activities to ensure your complete satisfaction and readiness to sign -off on the completed project. This includes demonstration and training on using your new technology along with all final project documentation for service onboarding. You will receive automated Customer Satisfaction Score (CSAT) and Net Promoter Score (NPS) surveys to provide feedback. We closely analyze the data to ensure we are providing outstanding customer service. Pmposa|#�425765-5 4�Pa�e 542 IInvestiment Su rrurn r Prepared For: Waneya Bryant City of Boynton Beach 124 E Woolbright Rd. Boynton Beach, FL 33435 Prepared By: Zoran Visnjic Date Prepared: 08/09/2023 Proposal #: 425765-5 Valid Until: 09/09/2023 Total Equipment Cost Includes cable, connectors, hardware, switches, relays, terminal blocks, panels, etc., to ensure complete and operational system Professional Integration Services Includes engineering, project management, CAD, on-site installation and wiring, coordination and supervision, testing, checkout, owner training, etc. performed on the Owner's premises. Also includes all fabrication, modification, assembly, rack wiring, programming, warranties, etc., some performed at AVI-SPL Direct Costs Includes non equipment or labor costs, such as travel expenses, per diem, lift and vehicle rentals General & Administrative Includes all G & A expenses: vehicle mileage, shipping and insurance, as applicable Services - Room Support and Maintenance Includes post -installation support and maintenance options selected for installed rooms Subtotal Tax Total $32,767.17 $17,480.00 $266.00 $1,960.39 $3,256.04 $55,729.60 Exempt (*) $55,729.60 * Exemption from sales tax will be recognized only after a valid sales tax exemption certificate or other appropriate documentation of exemption has been provided to and approved by AVI-SPL; otherwise all applicable sales taxes will apply. Purchase orders should be addressed to AVI-SPL LLC Due to global semiconductor ("chip") shortages and supply chain disruptions pricing quoted in this proposal may change. Installation schedules are subject to current (daily) product availability and may be delayed or postponed. This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved Fav I L,(, 543 I eirms and Conditions The City of Boynton Beach's General Terms and Conditions contained in the attached Addendum are hereby incorporated in the TIPS VENDOR AGREEMENT and this Proposal (collectively the "Agreement"). The terms and conditions in the Addendum shall prevail to the extent there are any conflicts or inconsistencies with the TIPS VENDOR AGREEMENT, the Proposal, or any other document relating to this Agreement. Bi[Iiing aurid Payurnent lFellrllrns Unless otherwise agreed in writing by Buyer and Seller in the Proposal, the total Proposal price, excluding the price for Stand-alone Services (as defined in this section), shall be billed as follows, subject to continuing credit approval: 50% down payment at time of order, 40% upon delivery at Seller; 10% upon project completion and Buyer sign -off or first beneficial use, whichever occurs first, payable net 30 from Buyer's receipt of invoice. For purposes of this Agreement, "Stand- alone Services" means any Services not attached to an installation project. Billing and payment terms for Stand-alone Services are set forth in the applicable Service Addendum(a). Unless otherwise specified in the Proposal, Products are sold F.O.B. origin -Buyer to pay all shipping charges. If this Proposal covers Products or Services for more than one system, room, suite, or location, for purposes of payment in accordance with payment terms stated on the face hereof each room, suite, or location shall be treated as if the subject of a separate sale and payment made accordingly. Unless otherwise specified in the Proposal, all pricing and amounts are in US Dollars and all billing and payment shall be made in US Dollars. Buyer Acceptance Link to AVI-SPL Terms and Conditions: IhttlpsWavisl;Sll.corn/ teu imps -of use/ Buyer Legal Entity Buyer Authorized Signature Buyer Authorized Signatory Title Buyer Authorized Signatory Name Date This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved Fav „L,(, ';�-r pr, �,' ,'r 4 � ,) /C. :5 544 AV140*01o"SPL Room SurnirnarUtilitiesTraining Room %;;gUipimrm nList Mfg Description Qty Unit Price Extended Price *** Utilities Training Room *** CEILING MOUNTED EQUIPMENT COMPREHENSIVE 50' CAT6 CABLE, PLENUM, WHITE 1 $113.91 $113.91 CRESTRON 6.5" LOW PROFILE 70V SPEAKER ASSEMBLY 4 $133.68 $534.72 SHURE CEILING MICROPHONE ARRAY 1 $3,991.27 $3,991.27 WALL MOUNTED EQUIPMENT AVPRO EDGE HDMI OVER HDBASET RECEIVER AND CONTROLLER (PLACED BEHIND THE 75" DISPLAY) 1 $438.67 $438.67 COMPREHENSIVE 50' CAT6 CABLE, PLENUM, WHITE 1 $113.91 $113.91 COMPREHENSIVE 20' NANOFLEX UHD 4K HDMI CABLE 1 $69.65 $69.65 COMPREHENSIVE 6' NANOFLEX UHD 4K HDMI CABLE 1 $18.32 $18.32 PEERLESS UNIVERSAL WALL MOUNT 2 $72.43 $144.86 VIEWSONIC 75" UHD 4K COMMERCIAL DISPLAY W/3 -YEAR WARRANTY 1 $1,911.25 $1,911.25 VIEWSONIC 98" UHD 4K COMMERCIAL DISPLAY W/3 -YEAR WARRANTY 1 $6,905.00 $6,905.00 YEALINK PTZ CAMERA WALL MOUNTING BRACKET (PLACED ABOVE THE 98" DISPLAY) 1 $97.12 $97.12 YEALINK VIDEO CONFERENCING ROOM SYSTEM FOR MEDIUM TO LARGE ROOMS 1 $4,133.33 $4,133.33 AV CREDENZA EQUIPMENT AVFI 3 -BAY 24" DEEP AV MULTIMEDIA CREDENZA, FINSIH TBD (REQUIRES COLOR SELECTION BY THE CITY OF BOYNTON BEACH) 1 $2,073.24 $2,073.24 AVFI SET OF REAR RACK RAILS FOR AV CREDENZA RACK 1 $77.46 $77.46 AVPRO EDGE 6X2 SWITCHING MATRIX W/HDBASET INPUT AND OUTPUTS 1 $1,052.00 $1,052.00 AVPRO EDGE AUTO -SWITCHING LAPTOP ACCESS PLATE W/HDMI/USB/C (PLACED ON TOP OF THE AV CREDENZA VIA RDL TABLETOP ENCLOSURE) 1 $585.20 $585.20 COMPREHENSIVE 7' HDBASET CAT6 SHIELDED CABLE, BLACK 1 $8.28 $8.28 COMPREHENSIVE 3' NANOFLEX UHD 4K HDMI CABLE 4 $14.65 $58.60 COMPREHENSIVE 3' NANOFLEX UHD 4K USB/C/C CABLE 1 $21.99 $21.99 CRESTRON WIRELESS PRESENATION GATEWAY 1 $660.00 $660.00 This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved 4 Pro�,,, 2,1�,. , 55 iii»*0�� 00 Mfg Description Qty Unit Price Extended Price CRESTRON 70V POWER AMPLIFIER 1 $528.00 $528.00 CYBER POWER 700VA UPS, 1RU 1 $328.08 $328.08 CYBER POWER 8 OUTLETS PDU, 1RU 1 $94.39 $94.39 MIDDLE ATLANTIC 1RU RACK BLANK PLATE 8 $8.71 $69.68 MIDDLE ATLANTIC 1.5" OFFSET LACING BAR KIT 1 $83.40 $83.40 MIDDLE ATLANTIC VENTILATED RACK SHELF, 1RU 2 $45.31 $90.62 NETGEAR 12 -PORT NETWORK SWITCH FOR DANTE AND CONTROL, REAR SERVICE 1 $639.83 $639.83 QSC 8-CHANNEL AEC DSP W/CONTROL 1 $2,344.00 $2,344.00 QSC Q -SYS BASED UCI AND SCRIPTING LICENSE FOR MS TEAMS 1 $280.00 $280.00 RDL 1 -GANG ENCLOSURE FOR HDMI/USB/C LAPTOP ACCESS PLATE, BLACK 1 $68.64 $68.64 YEALINK 4K WIRELESS SHARING AND BYOD POD 1 $280.00 $280.00 ROOM SCHEDULING PANELS CRESTRON 10.1" ROOM SCHEDULING TOUCH SCREEN, BLACK W/LED LIGHT (REQUIRES POE DROP AT EACH LOCATION PROVIDED BY THE CITY OF BOYNTON BEACH) 3 $1,320.00 $3,960.00 *** PRICING IS BASED ON TIPS CONTRACT #200904 *** Subtotal $31,775.42 Elite Maintenance Services - Room; 12 -months $3,256.04 Equipment Total $31,775.42 Installation Materials $991.75 Professional Services $17,480.00 Direct Costs $266.00 General & Administrative $1,960.39 Services - Room Support and Maintenance $3,256.04 Subtotal $55,729.60 For informational purposes only — all Purchase Orders must match Investment Summary details. This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved C. j,,, , 2-,76_ D 546 Global Support and Maintenance AGlobal relieve you of day-to-day burden of r your collaboration techr og estate,ee • your connected,• concentrated on delivering business Elite Suppoirt Our Elite services give you an extra level of onsite responsiveness and support with: • Unlimited onsite support -, - • Unlimited remote helps s — available globally • Facilitation of manufacturer repair or replacement programs — let us navigate your warranty terms • Software and firmware updates managed remotely for covered assets 8 AV I Global SUPP011 Operationsenter • AVI-SPUs Global Support Operations Centers (GSOCs) deliver live help desk support 24x7x365. • Offering quick and efficient email, phone, and portal communications options. • The GSOCs will diagnose a problem, implement a repair remotely, or escalate to a specialist. Repair/ Replacement Facilitation — Some equipment may be repairable or replaced at no charge under the manufacturer's warranty. The help desk will assist in arranging the return of the defective equipment to the manufacturer for service/ replacement as applicable. Software Updates and Upgrades— access to the help desk for software updates and upgrades remotely available per manufacturer recommendation. Updates are provided on an as needed basis. once an issue is reported, the remote help desk coordinates with you and the manufacturer to determine the best course of action. If a programmer is required, additional charges may apply at the applicable rate for those services. Unlimited Onsite Support —available Monday through Friday, 8 a.m. - 5 p.m.*, excluding holidays, with travel included. Where applicable, AVI-SPL will provide a two -business day onsite response following the help desk's determination that an onsite dispatch is needed. *Local standard time excluding AVI-SPL holidays. /Ail L LC 125 547 Integration tti NNi d Exclusions Ni The following items are included inthis proposal unless specifically noted otherwise within this proposal document mr scope ofwork statement: ° All equipment, wire, and accessories required for fully functional audio/visual system per the agreed upon scope ~ Non-union labor associated with audio/visual system engineering, installation, programming, and testing. Documentation package including complete as -built AV system diagrams, and manufacturer's operation manuals. Any additional trips, labor, or materials due to failure of the other workforces to have the audiovisual system rough -in work completed as anticipated and previously confirmed, will be added to the project billing as requirel Unless otherwise agreed in writing bvAV|-SPLall work performed bv/V|-SPLwill take place between the hours of 8:OOa.m.and 6:QQp.m.local time, Monday through Friday, excluding public and bank holidays. |fAV|-SPLisrequired to perform work outside ofthese hours, customer will be charged /YJ|-SP[sstandard overtime rates. Any changes inthe hours ordays ofperformance must beagreed toin writing byAV|-SPL Where applicable, the owner's architect will provide AVI-SPUs engineering department with all required architectural floor, reflected ceilin i buildin elevation and proposa| #� 425755� 548 �� N ~ �~��m��Nons The following items are excluded from this proposal unless specifically identified otherwise within this proposal document o/scope ofwork statement. ° All conduits, high voltage wiring panels, breakers, relays, boxes' receptacles, etc. Any related electrical work including, but not limited to, 11 OVAC, conduit, core drilling, raceway, and boxes. • Voice/data cabling, IE analogue phone lines, ISDN lines, network ports, etc. ° Network connectivity, routing, switching, and port configuration necessary to support audiovisual equipment. ° Concrete saw cutting and/or core drilling. • Fire wall, ceiling, roof and floor penetration, patching, removal, or fire stopping. ~ Necessary sheet rock replacement, ceiling tile, T -bar replacement, and/or wall/ceiling repair. • Any and all millwork (moldings, trim, etc.). All millwork mrmodifications to project millwork/furniture tmaccommodate the AVequipment istobeprovided hyothers. ° Painting, patching' or finishing, of architectural surfaces. ° Permits (unless specifically provided for elsewhere in this proposal document or scope of work statement). ° Engineered (P.E]seals and/or stamped rtructuna|/system details. = HVAC and plumbing relocation. ° Nmugh-in'bracing, framing. orfinish trim carpentry for installation. ° Cutting, structural welding, or reinforcement ofstructural steel members required for support nf assemblies, if required. ° Owner furnished equipment or equipment furnished by others that is integrated into the systems (as described above) is assumed to be current, industry acceptable, and in good working order. If it is determined that this equipment is faulty upon installation, additional project charges may be incurred. • Additional or specific manufacturer's "User AdoPtion^training. ° Additional costs for union labor. AV|�PLLLr propcsa|#�425755� 549 0 AV I PRIME'', 711 11111 1 1111 1 • .- Due to global supply chain constraints, Seller is experiencing longer than normal lead times on equipment. As a result, Seller cannot guarantee lead times on equipment and will not be liable for any delays in equipment delivery to the extent caused by such constraints. However, as the supply chain continues to improve, we will not be ordering equipment forjobs that start more than 120 days from when the contracted site is ready unless lead times are greater than 90 days. In order for Seller to appropriately plan and coordinate its resources, Buyer must commit to a site readiness for installation date, (subject to timely delivery of equipment) on or about , 20 AVI-SPL LLC Initials Should Buyer elect to purchase equipment immediately upon placement of order or greater than 120 days prior to the above readiness date, to mitigate delays, Buyer agrees to receive the equipment at their designated location and Seller will immediately bill Buyer upon placement of such order. Buyer shall pay for such equipment within the payment terms (e.g. net 30) specified herein, regardless of any other agreed upon billing terms or billing terms specified herein. Warranty on such equipment shall commence upon delivery of the equipment to Buyer's designated location, notwithstanding any other agreed upon warranty terms or warranty terms specified herein. By initialing next to this sentence, Buyer elects to purchase equipment immediately upon placement of order in accordance with the terms of this Addendum. Bu er Initials Buyer Acceptance Signed Name Company Name Printed Name, Title Date This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC is the property of AVI-SPL or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved ' L LCL L� 550 6.H Consent Agenda 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Ezell Hester Park Improvements- Change order to PO 210467. Requested Action: Approve a change order with 2GHO (Task Order #UT -1 E-01) in the amount of $49,131 plus a 10% contingency of $4913.10 if needed for staff approval of change orders for unforeseen conditions for a total of $54,044.10 based on costs provided by 2GHO. Explanation of Request: On August 20, 2018, Commission approved the funds in the amount of $155,304.39 needed for the Ezell Hester Park Improvements and purchase order 210467 was created. The project included landscape architect, electrical, civil engineering, geotechnical, security, and consulting services. Additional professional services are needed in the amount of $49,113 which will include meetings, a modification to the drawings, revision to the design, modification of the permit, revising the site, landscape, and engineering plans. How will this affect city programs or services? The project will provide a complete pedestrian circulation network that is ADA compliant, reduce maintenance costs, and beautify the area. Fiscal Impact: This is a budgeted item. Attachments: Ezell Hester Park Boynton Beach 18-1115.4v2r.pdf 551 Landscape Architects Planners Environmental Consultants CONFIRMATION OF ADDITIONAL PROFESSIONAL SERVICES Client: Gary Dunmyer, City Engineer Public Works, Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 PH. 561-742-6231 dunmverq(@bbfl.us Mail to: P.O. Box 310 Boynton Beach, FL 33425 Re: Additional Professional Services for the design of new parking areas for Ezell Hester Park, located between NW 19th Avenue and NW 17th Avenue on N. Seacrest Blvd. in Boynton Beach, FL. Modifications to Phasing 2022 Design Services Reconfiguration and scope of Phase 1 A and 1 B Job Name: Boynton Hester Phasing & Concession Date: April 7, 2023, v.2 May 10, 2023, v.3 June 28, 2023 Job Number: 18-1115.4 This is to confirm the authorization to the business entity 2GHO, Inc. Landscape Architects, Planners, Environmental Consultants (Consultant) for the performance of Professional Planning and Landscape Architectural Services. The scope of requested services is described herein: 1. Agreement for Services: The Consultant agrees to provide conceptual design services to the Client as more fully described in the Scope of Work, and the Client agrees to compensate the Consultant for those services under the terms of this Agreement. The Consultant's services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing design professionals performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions. The Consultant makes no other representations or warranties, whether expressed or implied, with respect to the services rendered hereunder. A. All other provisions of our existing general consulting services agreement dated November 28th, 2018 shall apply to this authorization of services. B. See original contract #18-1115 for other specific requirements. RFQ #046-2821-17/TP Scope E R18-103 Task Order UT -1 E-01 SCOPE OF WORK: Additional Services provided to the City on Ezell Hester Park. TASK 7: Modifications to the limits of phasing after the 100% CD's in May of 2022. This includes seven additional changes to the completed 100% CD set including addendums and conformed sets after the first revisions addressing comments since 10/08/21. 7A Modifications to 100% complete CD plans to change phasing and reduce impact to preservation area to be none for Phase 1A. DELIVERABLES: Revised CD drawings (version?) SCHEDULE: Completed 552 Boynton Beach Ezell Hester Park / Job No. 18-1115.4 April 7, 2023, v.2 May 10, 2023, v.3 June 28, 2023 Page g �,m r. f ". . .� TASK 8: Additional services to modify phase 1A to include the removal of the concession building, removal of the pavilion, providing temporary porta johns in the existing plaza area, rework plaza and tree planting. Update all the utilities to accomplish the above including adding an electrical room underneath the grandstand press box. The drawings are to be modified while the Phase 1A work is being executed. • As Built drawings to reflect demo of pavilion and concession building • Updated drawings to reflect concept sketch for green areas on SE corner of field/ plaza • Update Drawings for Revised location for Musco Ltg Panels (adjacent to transformer) • Delete Storage Shed & Adjacent dumpster enclosure from Plans (affronts scrub area between ex. Concession and grandstand locations) • Electrical design for the electrical room (8x10) to be located under the press box structure that will feed the new planned restroom/concession building. 8A Execute the site plan modifications to Phase 1A in the 100% CD documents for all disciplines. Phase 1 B will remain the same. 8B Update probable cost estimates based upon revisions DELIVERABLES: Revisions to base design Release of modified Phase 1A permitted drawings Modify SFWMD permit Revisions to site plan Revisions to landscape plan Revisions to the engineering plans Additional meetings as needed SCHEDULE: Expedited TASK 9: Additional services to modify phases 1B and potential some of 1A to include permanent restrooms, potential rework plaza and tree planting, change the Phase 1 B field to be less impact which involves relocating the proposed walking trail in 1 B with a different field size (smaller). Provide for gopher tortoise update and tree mitigation for impacted preservation area. Update all the utilities to accomplish the above, possibly providing water and electric to points throughout the plaza for the use of food trucks (1A). The drawings are to be modified while the Phase 1A work is being executed. 9A Execute the site plan modifications to Phase 1 B in the 100% CD documents for all disciplines. This includes South field(s) change/reduction, permanent restroom facilities and storage. 9B Gopher Tortoise burrow survey update for affected areas. 9C Vegetative mitigation per code for areas in Phase 1 B 9D Update probable cost estimates based upon revisions DELIVERABLES: Revisions to base design Release of modified Phase 1A permitted drawings Release of modified Phase 1 B CD drawings Modify SFWMD permit Environmental Mitigation Plans & Tortoise survey Revisions to site plan Revisions to landscape & irrigation plans Revisions to civil engineering plans Revisions to electrical engineering plans Additional meetings as needed 553 Boynton Beach Ezell Hester Park / Job No. 18-1115.4 April 7, 2023, v.2 May 10, 2023, v.3 June 28, 2023 Page,3 i'::if' f SCHEDULE: During Phase 1A construction Compensation by Client to 2GHO, Inc. Landscape Architects, Planners, Environmental Consultants for these professional services will be based upon: COMPENSATION A. Compensation for services rendered by the Consultant Team, TASK 7 2022 Phasing Changes shall be a fixed fee of $19,648.00 including reimbursable as below: FIRM FEE 2GHO (Land Planning & Landscape Architectural) $ 11,324.00 Engenuity Group, Inc. (Civil) $ 5,500.00 Levinson (Electrical) $ 2,280.00 EW Consulting (Environmental) $ 0.00 2GHO Coordination (7%) $ 544.00 B. Compensation for services rendered by the Consultant Team, TASK 8 Scope Changes shall be a fixed fee of $29,465.00 including reimbursable as below: FIRM FEE 2GHO (Land Planning & Landscape Architectural) $ 11,800.00 Engenuity Group, Inc. (Civil) $ 7,950.00 Levinson (Electrical) $ 8,560.00 EW Consulting (Environmental) $ 0.00 2GHO Coordination (7%) $ 1,155.00 C. Compensation for services rendered by the Consultant Team, TASK 9 Scope Changes shall be a fixed fee of $x including reimbursable as below: FIRM FEE 2GHO (Land Planning & Landscape Architectural) $ TBD Engenuity Group, Inc. (Civil) $ TBD Levinson (Electrical) $ TBD EW Consulting (Environmental) $ 8,200.00 2GHO Coordination (7%) $ TBD TOTAL TASK 7 AND 8: $49,131.00 REIMBURSABLE EXPENSES *Reimbursable fees include printing, mailing, local mileage and long distance calls are included in the scope. Confirmation Order City of Boynton Beach By: Name Title Date: Gentile Glas Holloway O'Ma & Associates. Inc, (Consult By: Emily M. 0'M--06ney,/FASLA, PLA LEED AP®BD+C Title: Partner Date: June 28, 2023 554 6.1 Consent Agenda 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Proposed Resolution No. R23-127- Urban Search and Rescue updated grant agreement between the State of Florida, Division of Emergency Management and the City of Boynton Beach for the Urban Search and Rescue Grant. Requested Action: Approve and authorize the City Manager to sign the updated Urban Search and Rescue Grant Agreement between the State of Florida, Division of Emergency Management and the City of Boynton Beach for the Urban Search and Rescue Grant increasing the award amount from $12,000 to $24,000. Explanation of Request: The State of Florida, Division of Emergency Management awarded the Boynton Beach Fire Department, Technical Rescue Team 746 an Urban Search and Rescue grant in the amount of $12,000 was awarded in February of 2023. The State would like to increase the award an additional $12,000 and allow the grant to carry into next fiscal year, bringing the total awarded amount to $24,000. The intent of the grant is to sustain the Statewide US&R capabilities to prepare for and respond to disasters throughout the State of Florida and support Florida's Search & Rescue and Light Technical Rescue teams. The funding was appropriated by the Florida Legislature. How will this affect city programs or services? Technical Rescue Team 746 will maintain preparedness to quickly respond to and recover from major disasters or emergencies. Fiscal Impact: The award amount will reimburse expenditures in sustainment which consists of maintenance of specialized equipment, plus the replacement and enhancement of personal protective equipment. Attachments: R23-127 Updated Urban Search and Rescue Grant Agreement.pdf USAR Modification Grant End Change T0284.pdf R23-014 with original Urban Search and Rescue Grant Agreement LTRT Modification #1 T0284.pdf 555 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 RESOLUTION NO. R23 -127 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE UPDATED URBAN SEARCH AND RESCUE GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF BOYNTON BEACH FOR THE URBAN SEARCH AND RESCUE GRANT INCREASING THE AWARD AMOUNT FROM $12,000.00 TO $24,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, In February, 2023, the State of Florida, Division of Emergency Management awarded the Boynton Beach Fire Department, Tactical Rescue Team 746 an Urban Search Rescue grant in the amount of $12,000.00; and WHEREAS, the intent of the grant is to sustain the Statewide US&R capabilities to prepare for and respond to disasters throughout the State of Florida and support Florida's Search & Rescue and Light Technical Rescue teams; and WHEREAS, the State would like to increase the award an additional $12,000 and allow the grant to carry into next fiscal year, bringing the total awarded amount to $24,000; and WHEREAS, upon recommendation of staff, the City Commission finds it in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to City Manager to sign the updated Urban Search and Rescue Grant Agreement between the State of Florida, Division of Emergency Management and the City of Boynton Beach for the Urban Search and Rescue Grant increasing the award amount from $12,000.00 to $24,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission approves and authorizes the City Manager to City 32 Manager to sign the updated Urban Search and Rescue Grant Agreement between the State 33 of Florida, Division of Emergency Management and the City of Boynton Beach for the Urban S:\CA\RESO\Agreements\Grants\Updated Urban Search And Rescue Grant Agreement - Reso.Docx 556 34 Search and Rescue Grant increasing the award amount from $12,000.00 to $24,000.00, a copy 35 of the updated Agreement is attached hereto and incorporated herein as Exhibit "A". 36 Section 3. This Resolution shall become effective immediately upon passage. 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 PASSED AND ADOPTED this 14th day of September, 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: David N. Tolces Interim City Attorney S:ACA\RESO\Agreements\Grants\Updated Urban Search And Rescue Grant Agreement - Reso.Docx 557 MODIFICATION #1 TO AGREEMENT T0284 BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND CITY OF BOYNTON BEACH This Modification is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and City of Boynton Beach ("Recipient"), to modify Contract Number T0284, which began on July 1, 2022 ("the Agreement"). WHEREAS, the Florida Legislature appropriated funds in fiscal year 2022-23 for the purposes of providing support and training to Florida's Urban Search and Rescue Teams and Technical Rescue Teams; and, WHEREAS, the Florida Legislature reverted appropriated Urban Search and Rescue Grant funds from fiscal year 2022-23 to fiscal year 2023-24; and, WHEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Section (2) CONTACT b., is hereby amended to read as follows: The Division's Grant Manager for this Agreement is: Emily Benton 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-755-1567 Email: Emily. Bentonaem.myflorida.com Section (7) PERIOD OF AGREEMENT is hereby amended to read as follows: This Agreement shall begin July 1, 2022 and shall end on June 30, 2024, unless terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION. In accordance with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. 3. Attachment A, Budget and Scope of Work, Deliverables, is hereby amended to read as follows: Deliverables Deliverable Due -Date Schedule Deliverables Due Date 1: Quarter 1 Report September 30, 2022 and 2023 2: Quarter 2 Report December 31, 2022 and 2023 3: Quarter 3 Report March 31, 2023 and 2024 4: Quarter 4 Report June 30, 2023 and 2024 [57CIoseout Report August 29, 2024, or 60 days after completion of activities Quarterly Reports are due at the end of the relevant quarter but have a 30 -day grace period before they must be submitted correctly to the Division. The Closeout Report is due August 29, 2024, or sixty (60) days after completion of the activities contained in this Agreement, whichever occurs first. Thus, if a Recipient has paid for a vehicle but delivery will not take place until after August 29, 2024, the Closeout Report will be due 60 days following the vehicle delivery. 558 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. RECIPIENT: Signature: Name: Title: Date: DIVISION OF EMERGENCY MANAGEMENT Signature: Name and Title: Kevin Guthrie, Director, or Ian Guidicelli, Response Bureau Chief, as Authorized Representative Date: 559 1 RESOLUTION NO. R23 - 014 2 3 A, RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE 5 URBAN SEARCH AND RESCUE GRANT AGREEMENT BETWEEN THE 6 STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT AND, THE 7 CITY OF BOYNTON BEAC dl FOR THE URBAN SEARCH AND RESCUE 8 GRANT; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, The State of Florida, Divislion of Emergency Mainagernent awarded the 12 Boynton each Fire Department, Tactical Rescue Tear n'746 an iLUrban Search ResWe grant in 13 the arl'IOUTA of $12,0010,00; and 14 WHEREAS, the intent of the grant is to sustain the Statewide US&R, cap abifities to 1115 prepare for and respond to disasters, throughout the State of Florida arid support Horid a's 16 Search & Rescue and Light Technicall Rescue teams; arld 17 WHEREAS, the award aMOUM gild reiimburse expenditures in sustainment whkl-ii 18 consists of n-taintenaince of specialiized equipment, pks the replacement and enhancernent of 19 personal protective equiprneat; and 20 WHEREAS, upon recomin'ienclation of staff', the City Corm-nission finds it in the best 21 interest of the citizens and residents of the City of Boynton Beach to aippirove and aUthorize 22 the City Manager to sign the Urban Search and Rescue grant agreement between the State of 23 Florida, Division of Emergency Mariagement and the City of Boyinton, Beach; for the Urban 24 Search and Rescue Grant. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON REACH, FLORIDA, THAT: 27 S_Vction 1. The fmegoing "Whereas" dauses are heret)y ratified and confirmed as 28 being, truce and correct and are heref.)y rnade a specific part of: this Resolution upon acloptiori 29 hereof, 3iSection 2. The City Conia*sion approves and aUthorizes the City Marlager to sigr', ..... . . . ...... 31 the Urban Search and ResCUe grant agreernent. between the State of Florida, Division of 32Emergency Managerneint and the City of Boyntorr Peach for the Urban Search and Rescue 3rant, a copy of the Agreenient is attached here -to and incorporated herein as Exhibit "A", Scarch And Rv,,ctw ( 4an[ Agicemem , Reso lhwx 560 I 36 37 38 39 40 41 42 4,3 44 45 46 47 48 49 50 51 52 A S,e,ction 3., "I"Ns ReSOIL]ti011 shall become effective lay niediately upori passage. PASSED AND ADOPTED this 7th day of February, 2023, CITY OF BOYNTON BEACH, FLORIDA 55 MayleelD s6s 56 57 58 59 (Corporate Seal) 60 61 62 63 YES NO Mayor —Ty Penserga 'Vice Mayor — Ang:ela Cruz Commissioner — Woodrow L. I -lay Conirnissioner —"rhornas'Turkin Cornmissioner — Aie Kelley VOTE S-0 . .......... MPA, MC Ty pensel/A a "Im, APP, OVED AS T&MM M ipb'at I D, Cir flb, J i """ "Of y AttQl S, WAT Sewch Aml Rescue Omni Apeemew -, Reso Docx 561 Agreement Number: T028'4 THIS AGREEMENT r is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida �hereinafter referred to as the "Division" , arid City of Boynton Keach (hereinafter referred to as, the "Reorpient") for Tactical ReSCUe Team 746 TI-flS AGREEMENT IS ENTERED, INTO BASED ON THE FOLLOWING REPRESENTATION& A. The Recipient represents that it is, fully qualified and eligible to receive these grant funds to provide the services identified herein-, and R. The I ivis,ion Ihas received these girant funds froirni the State of Florida, and has the authority to slubgrant these funds to the Recipient upon the terms and condit�io�ns below" and C The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the followingi: (1), !�RULESREGULATIONed AND POLICIES a, As, required by section 215.97'1(1 ) Florida Statutes, this Agreement include& i. A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. jj. A provision, dividing the agreement into quantifiable units of deliverables that rnust be received and accepted in writing by the Division before payment, Each deliverable must be directly related to the scope of work and specify the required rninirnum level of service to be performed and the criteria for evaluating the successful completion of each deliverable, iiii, A provision specifying the financial consequences that apply if the Reicipient fails to perform the minirnIUM level of service required by the agreement, iiv. A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period, V, A provision specifying that any balance of unobligated funds whid) has been advanced or paid must be refunded to the DMsion vi, A provision specifying that any funds paid in excess of the amount to whuch the Recipient is entitled uinder the, terms and co,ndiitiions of the agireernent must be refunded to the Division, b,, lin addition to the foregoing, the Recipient and the t ivision shall be governed by gLl� applicable State and Federal laws, i'LlIes and regulations, including those identified in, Attachment I Any express reference in this Agreement to a particular Statute, rule, or regUlation, in no way implies that no other statute, rule, or regulation applies, RM, a. In accordance with section 215.971(2), Florida Statutes, the Divisiion's Grant Manager shalt be responsible for enforcing perfonmance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. i. Monitor and document Recipient performance, and, ow, Review and document all defiverables for whiich the Recipient requests b, The Diviision's, Grant Manager for this Agreement is: Emfly Benton, 2555 ShUrnard Oak Boulevard Taltahassee, FL 32399-2100 Telephone: 850-755-1567 Email. Emily.Beniton@eni.niyfloridal,,cic)m c. The name and address of the representative of the Recipient responsible for the administration of this Agreement is: Name711v')V6 LA�IQCR—1 Address: �7�,NA City, State, Zip: Telephone; EniaiL �1 U-" yr, di. In the event that diffeiYdIt representatives or addresses are designated by either party after exeUrfiOrl of this Agreement, notice of the inaime, title and address of the new representative willf be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the termis and conditions agreed Upon by the parties, (4) EXECUTION This, Agreement may be executed in any nurnber of colunterparts, any one of which may be taken as an original, (5) MODIFICATION 6*N Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this, Agreement, (6) SCOPE OF WORK The Recipient shall perforrn the work ln accordance with the Budget andl Scope of Work, Attachment,A of this Agreement, (7) PEMOD OF AGREEMENT This Agreement shall begin July 1, 2022 and shall e,ndl on June 30, 2023, unless terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION, In accordance with section 215,971(1)(d), Florida Statutes, the Recipient may expend funds, authorized by this Agreement "only for allowable costs, reSUlting from obligations incurred during"" the period of agreement. a. This is a cost-rearnburseiment Agreement, subject to the availability of funds, b The State of Florida's performance and obligation to pay under this, Agreement is contingent upon an annual appropriation by the Legislature, arid subject to any modification in accordance with either chapter 216, Florida Statutes, or the Florida Constitution. c The Division: will pay the Recipient only for t�he SUCCeSSfUll conipletion of each deliverable, The maximum payn-rent arnount for each deliverable is oultlined! the Budget and Scope of Work in Attachment A of this Agreement. The maximum payment airriount for the entirety of this Agreement is 1_12,0 _00, d. The Division will review any request for payment by comparing the documentation provided by the Recipient against a perfo rima rice measure, outlined in Attachment A, whiich clearly delineates: i. The required rninirnurn acceptable level of service to be performed; andl, ii, The criteria for evaluating 1he successful completion at each deliverable. e. The, Division's Grant Manager, as required by section, 215,971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds, expended during the period of agreernent and produce a final reconciliation report. The final report niust identify any funds paid iri excess of the expenditures iincurredl by the Recipient. f, For the Purposes of this Agreement, the term "improper payment" means, or includes. i, Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, adniiniistrative, or other legally applicable requirerrients„ and, ii. Any payment to an ineligible party, any payment for, an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit forr appHcable 564 discounts, and any, payment where insufficient or lack of documentation prevents, a reviewer from discerning whether a payment was, proper, g. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 1,1 .0611, Florida Statutes, which includes submission of the claim on, the approved state travel voucher, (9) RECORDS a, As a condition of receiving state financial assistance, and as required by sections 20.055(16)(c,) and 215 97(5)(b),, Florida Statutes,, the Division, the Chief linspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any docurnents, financial statements, papers, or other records, of the Recipient which are pertinent to this Agreement, in order to make audits„ examinations, excerpts, and transcripts, The aright of access also includes timely and reasonable access to the Recipiienit's personnel for the purpose of interview and discussion related! to, Such documents For the purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b, The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: htiL/Ldosmflorida.com/library- airciiives/records-mianaaement/aeneiral-records-sctieduilesY. c, Florida's Government in the Sunshine Law (Section 28 .01 1, FlIorida Statutes) provides the citizens of Florida, with a right of access to governmental proceedings and mandates three (3) basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice Of such meetings rnust be given; and, (3) minutes of the meetings must be taken and promptly recorded The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity witNn the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entifies, that provide services to governmental'; agencies and that act on behalf of those agencies in the agencies' performance of their public duties, If a public agency deleglates, the Performance of its public purpose to a private entity, then, to, the extent that private entity is, perforniiinq that public purpose, the Government in the Sunshine Law' applies. For example, if a volunteer' Hire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of diirectors for that volunteer fore department, Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon, the funds provided under this Agreement, the meetings of the Recipient's governing board or the meletings, of any SUbcomr-nittee making recommendations to the governing board may be subject to open government requirements These meetings shall be publicly noticed;, open to the public, and the minutes of all the rneefings shall be Public records, available to the public in accordance with Chapter 1119, Florida StatUtes, M 565 d, Florida's Public Records Law provides a right of access, to the records of the state and local governme tits as well as to private entities acting on their behalf. Unless specifically exempted froni disclosure by the Legislature, all materials made or received by a goverinniental agency (or a (private entity acting on behalf of such an agency) in, conjunction with official business w�hich are used to perpetuate, corrinUrnicate, or forrnafize knowledge qualify as public records subject to public inspection. The rneire receipt Of public funds Iby a private entity, standing alone, is insufficient to bring that entity within the arnibilt of the public record requirements, N--Iowever, when a public entity delegates a public function to a private entity,, the records generated by the private entity's performance of that duty become public records. Thus, 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 subject to the requirements of Florida's Public Records Law. e. The Recipient shall rnaintain all records for the Recipient and for all subcontractors or consultants to Ibe paid frorn funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requireirrients, and objectives of the Budget and Scope of Work in Attachnient A arid alll other applicable Ilawwwrs and regulations, if the subcontractor has any questions regarding the appliciation of Chiapter 119, Florida Sta�tu.tes, to the subcontractor's duty to provide public records relating to this contract, contact the Custodian of Public Records at: (85iO) 815-41�56 E(L.cords@em,my__ EL. 32351A, 00)�LU—Dli.� a. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP") As defined by 2 C.F.Rr §200.49, GAAP "has the rneaning specified in accounting standards issued by the Government ACCOUnfing Standards Board (GASB), and the Financial Accounting Staridards, Board (FA 13j,"" b. When conducting an audit of the Reciplient's perforr'nance under this Agreement, the Division shall Use Generally Accepted Government Auditing Standards ("GAGAS") As defined by 2 C,F,R, §200.50, GAGAS, also known as the Yellow IBo,ok, rneans generally accepted government auditing standards issued by the Comptroller General of the United: States, which are applicable to financial audits.'" c if an audit shows that all or any portion of the funds disbursed were riot spent in accordance with the conditions of this Agreement, the Recipient shallli be held) HaWe for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreeirnent provisions within thirty (30) days after the Division has notified the Recipient of such non-conipfiance, 6*V d, The Recipient shall have all audits, completed by an independent auditor, which is defined in, section 215,97 2)1(i), Florida Statutes, as "an, independent certified public accountant licensed under chapter 473," The independent auditor shall state that the audit complied with the applicable provisions noted above, The audits rnust be received by the Division no, later than nine (9) months, from the end of the Recipient's fiscal year. e. The Recipiient shall send copies of reporting packages required under this Paragraph qj[g!cU to each, of the following: j, The Division of Emergency Management DEM.Singl -_Ag veLp,.q2yfqLi OR Office of the Inspector General 2555 ShUrnard Oak Boulevard Tallahassee, Florida 32399-211010, iii, The Auditor General Roorn 401, Claude Peppier Building 111 West Madison Street -rallahas,see, Florida 32399-14501 (11) REPORTS a. The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress, by the Recipient and all Sub -Recipients, and subcontractors in completing the work described in the BlUdget and Scope of Work, in addition to any other information requested by the Division b, Quarterly reports are due, to the Division no later than thirty (310) days after the end of each quarter of the program year and shall be sent each quarter until submission of the chose-oLq relport, The ending dates for each quarteit of the program year are September 30, December 31, March 31, and June K c. The close-out report is due sixty (610) days after termination of this Agreernent or sixty (610), days after completion of: the activities contained in this, Agreement, whichiever occurs first. d, lf all required reports and copies, are not sent to the Divisilloin or are not completed in a manner acceptable to the Division, the Division may, withhold further payments until they are completed or, may take other action as stated in Paragraph (1 b} REMEDES, "Accepitablle to the Division" means that the work product was completed in accordance Mh the Budget and Scope of Work. e, The Recipiient shaH provide additional program updates or information that may be required by the Division. f, The Recipient shall provide additional reports and informatioin, identified lin Attachment Gi, (1 2) tit ONITOMINI G, I �ffi a, The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules, are being met, the Budget and Scope of Work is being accomplished within the specified time periods, and other performance goals are berng achieved, A review shall be done for each funiction or activity in the Budget and Scope of Wo�rk in Attachment A to this Agreement, end reported in the quarterly repoirt. b. In addition to reviews, of audits conducted in accordance with Paragraph (10) AUDITS above, nionitoring procedUres may include, but not be 11imited to, on-site visits by Division staff, hirnited scope audits, or, other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Divis,ion. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply wa ith any additional instructions provided by the Division to the Recipient regairding such audit, The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Chief Financial Officer or Auditor General, In addition, the Division will monitorr the performance and financial management by the Recipient thrC)UghMit the period of agireemient to, ensure timely completion of all tasks. (13,) LIABILITY a. Unless Recipiienit is a state agency or subdivision, as defined in section 768,28, Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall) hold the Division hariniJess against all claims of whatever nature by third parties arising from the work performed under this Agreement, For, purposes of this ,Agreement, Recipient agrees that it is not an; employee or agent of the Division, but is an independent contractor. b Any Recipient which is a state agency oir subdivision, as defined in section 768,28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or oirnissions which result in claims or suits agarnist the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes, Nothing herein is intended to serve as a waiver of sovereign irnn'-wnity by any party to which solvereiign limmunity applies. Nothing herein shall be construed as conisent by a state agency or subdivision of the State of Florida to, be sued by third paites in any matter arising OUt of this agreement (14) DEFAULT If any of the folllow in,gl events occur ("Events of Default"), all obligations on the part of the Division, to make further payrnerit Of fUnds, shall, if the Division elects, terminate and the Division, has the option to exercise any of: its remedies set forth in Paragraph (15) REMEDIES, However, the Division may make paynnents orr partial payments after any Events of Default WithOUt waiving the right, to exercise Such remedies, and Without becornirigi liable to make any further paynlent° a. If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perforrn any of the obligations, terms, or covenants in this Agreement or any previous agreerneint with the Division and has not cured thein in timely fashion, Or is Unable or unwilling to, meet its obligations under this Agreement, b, If material adverse changes occur do the fi narnciall condition of the Il ecipient at any time durrngi the period of agreement, and the Recipient farts to cure this adverse change within thirty (30), days from the date written, notice is sent by the Division, c, It any reports required by this Agreement have not been, submitted to the Division or have been s u brn iitted with incorrect, incomplete, or rn$LJffi,cient information. d, If the Recipient has failed to peirforrn and complete on time any of its obligations under this (15) REMEDIES If an Event of Default occurs, unless the, event is covered by financial consequences, listed in the Budget and Scope of Work, the Division shalt provide the Recipient a thirty (30) day written notice within which the Recipient may cure the default, However, upon the Recipient's faflure to cure the default withrn the thirty (3 01) day notice period, the Division shall exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Recipient is given at least thirty (3 ) days prior written notice of' the termination. The notice shall be effective when placed in the United States, first cliass snarl, postage pirepaid, by registered or, certified mail -return receipt requested, to the address in Paragraph (2) CONTACT hererno b,. Begin an appropriate legal or equitable action to, enforce performance of this Agreenient,; c, Withhold Or suspend payment of all or any part of a reqUeSt for payrnent; dr Reqluire that the Recipient refund to the Division array rnonies used for ineligiUle purposes under the laws, rules and regulations governing the use of these funds, e. Exercise any corrective or remedial actions, to include but not be limited to: i, request additional infori'Tiation from the Recipient to determine the reasons for or the extent of non-compliarice or (lack of performance, ii. issue a written, warning to advise that rnore serious rnea$Ures may be taken if the situation is not corrected, iii, advise the Recipient to suspend, discontinue or refrain frorn incurring costs for any activities in question or iv reqUil"e, the Recipient to reirnburse the IDivision for the arnount of costs incurred for any items determined to be ineligible; f, Exercise any other, rights, or remedies which rnay Ibe available under law, Pursuing any of the above reirnedies, wild not stop the Division from pursuing any other rernediies in this Agreement or provided at law or in equity. If the Division waiives any right or rernedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend, or waive any 569 other right or remedy of the Division, or affect the later exercise, of the sarne right or remedy by the Divis,ion for any other default by the Recipient, (16), TERMINATION, a The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on firrie, and refusal by the Recipient to permit public access to any document, paper, lletter, or other material subject to disclosure under chapter 1199, Florida Statutes, as amended, b. The Division may terminate this Agreerrent for convenience or when it determines, in its sole discretion, that continuing the Agreement would riot produce beneficial results in fine with the, further expenditure of funds, by providing the Recipient with thirty (30) days prior written notice, c. The parties may, agree to ter rni nate this Agreement for their mutual convenience through a written arneindiment of this Agreement, The amendment will state the effective date of the termination, and' the procedures for proper closeout of this Agreeriient, ct In the event this, Agreement is terminated, the Recipient willl not incur new obligations for the terminated portion of this Agreement after the Recipient has received the notification of termination, The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice, will be disallowed, The Recipient shall not be relieved of (liability to the IG ivision: because of any breach of this, Agireement by the Recipient, The Division rnaly, to the extent authorized by law, withhold payments to the Recipient for the purpose of set -Off until the exact amount of damages due the Division frorn the Recipient is determined (17), SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient, The Recipient agrees to include in, the SUbcontract tl")at (i) the subcontractor is bound by the terals of this Agreement, (iiii) the subcontractor is bound by all applicable state and federal laws and regUlations, and (iij) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the Subcontractor's pe rfornina rice of work under this Agreement, to the extent allowed and required by liaw, The Recipient shall) doculmenit in the quarterly report the subcontractor's progress in performing its work Linder this Agreement, �For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in section 28 ,703, Florida StatUtes. (1 8) ATTACHMENTS a, All attachments to this Agreement are incorporated as if set OW flUtly. b, to the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of tt-le conflict or inconsistency, c, This Agreement has the foflowingi attachnients, 570 Exhibit 1 - Funding Sources Exhibit 2 - Florida Single Audit Act Attachment A - Budget and Scope of Work Attachment B - Program, Statutes and Regulations Attachment C - Statement of Assurances Attachment D - Justification of Advance Payment Attachment E - Warranties and Representations Attachment F - Certification Regarding Debarment Attachment G - US&R Grant Report Cover Sheet Attachment H - Reimbursement Request Breakdown (Excel workbook, attached to this Agreement as a FDF for reference) Attachment I - Ownership Certification Fong Attachrvent J - Sustainnient Cache (Excel workbook, attached to this Agreement as a PDF for reference) (119) PAYMENTS a, Any advance payment under this Agreement its subject to section 216,181(16), Florida Statues, All advances are required to be held in an interest-bearing accouint, If an advance Ipayrnent is, requested, the buds et data on which the request is based and a justification statement shall be included in this Agreement as Attachment D, Attachment D willspeciify the anIOUint of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the Submittal of a request for advanced payment. After the initial advance, if any, payment shalll be made on a fixed -fee bases as needed, b. Invoices shall be submitted in accordance with Attacl,-iment A and shall include the supporbing docuin'ientafion for the project oar services. The final iinvoice shall be subinitted within sixty (60) days after the expiration date of the agreement An explanation of arly CirCUrnstances prohibrfing the subniiitlal of qUatlerry invoices shall be submitted to, the Division granit rnanager as part of the Recipient's qUartedy reporting as referenced in Paragraph (11) REPORTS of this Agreement, c If the necessary funds are not available to fund this Agreeriient as a result of action by the United States Congress, the federal: Office of Managernent and Budgeting, the Slate Chief Financi6l Officer or under Paragraph (8) of this Agreement, all obligations on the part of the Division to make any further payment Of funds shall terminate, and the Recipient shall Submit its dloseout report within thirty (30) days of receiving notice filroInfl the DrOsion, (20) REPAYMENTS All refunds or repayments due to the Division under this, Agreement are to be made payabl"e, to the order of "Division of En°iergency lana gerneint,"and mailed directly to the following address: Division of Ernerqency Management Cashier 571 2555 Shumard Oak Boulevard Tallahassee FIL 32399-2100 In accordance with section 15 34(2), Florida Statutes if a check or other draft is returned to the Division for collection, Recipient shall pay the Division, a, service fee of $15,010 or 5% of the face aMOUnt of the returned check or diraft, whichever is greater, (21) MANDATED CONDMONS a. The validity of this, Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in, any later submission or response to a Division request, or in any submission or, response to fulfill the requirements of this Agreement All said information, representations, and materials, is incorporated by reference, The inaccuracy of the SUbriiissions or any material changes, shall, at the option of the DivisiIon and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and time release of the Division from all its obligations to the Reciprientr b. This Agreement shall be construed kinder the laws of the State of Florida, and venue 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 rule, or is unenforceable, then the provision shall be null and void to the extent of the coiniftict, and shall be severable, but shall not invalidate any other provision of this, Agreernent. c, Any I of approval or disapproval) granted to the Division under the ternis of ttiis Agreement shall survive the term of this Agreement, clThis Agreement may be executed in any number of COIL) riterparts, any one of which may be taken as an; original. e, The Recipient agree�s to comply wifti the Americans with DisabiIfifies Act (Public Law 101 -.3 6, 42 U.S,C. Section 1" 110,11 @1 s@g.),, which, prohibits discrimination by put; hc and private entifies on the basis of disability in employment, public accornrnodat ions, transportation, State and Ilocall government services, and telecorrimunications, f, Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list rriay riot SUbrinit a bid o�n a contract to provide any goods or services to a public entity, may riot subrinfl: a bid on a contract with a public entity for the construction or repair of a public building or public, work, may not subrinit bids on leases of real pirol)erty to a public entity, may not be awarded Or perfoinni work as a contractor, supplier, subcontractor, or consultant Under a contract with a public entity, and may not transact business with, any public entity in excess of $25,000, 00 for a period of 36 months from the date of being placed on the convicted vendor list orr on the discriminatory vendor list, 572 g, Any Recipient which, is not a local government or state agency, and which receives funds under this Agreement from the state government, certifies, to the meat of its knowledge and belief, that it and Its principals. i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarilly excluded from covered trap sactions by a federal department or agency; ii. Have not, within a, five-year, period preceding this Agreement been convicted of or had a Civil jUdgment rendered against it for fraud or a criminal offense in connection with obtaining:, attempting to obtain, or performing a public: (federal, state or local) transaction or contract under public transaction, violation of federal or state antitrust statuites, or cornimission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii, Are not presently indicted or otherwise criminally or civitly charged by a governmental entity (federal, state, or local) with commission of any offenses enurnerated in Paragraph (21)(g),(ii) of this certification; and iv. Have not within a live (5)year period precedirigi this Agreement had one or more public tirainsactions, (federal, state, or local) terminated for cause or default. If the IRedpient is unable to cerlufy to any, of the staternents in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsiimile transimission) the completed "Certification Regarding Debarment" (Attachment F) for each intended subcontractor that Recipient plans to fund under this Agreement. The form must be received by the Division before the, Recipient enters into a contract with any subcontractor. h, The State of Florida's Performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and Subject to any modification in accordance with chapter 216, Florida Statutes, or the Florida Constitution I All hills for fees or other compensation for services or expenses shall be subirnitted in detail sufficient for a proper pre -audit and post -audit, thereof, 1. Any bills for travel expenses shall be submitted in accordance with: section 112 061, Florida Statutes, k. The Division reserves the right to unilaterally cancel this Agreerrient if the Recipient refulses to allow public access, to all documents, papers, letters, or other material subject to the Iprovdsdons of chapter 119, Flodda Statutes, which the Recipient created or received under this Agreement, l. if the Recipient is allowed to temporarily invest any advances, of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount, rn, The State of Florida wild not intentionally award publicly funded contracts to any contractor who knowingly ernploys unauthorized alien workers, constituting a violation of the enrployrnent provisions contained in 8 U S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA"d. 12 573 The Division sl�-iall consider the employment by any contractor Of Unauthorized aliens a violation of Section 274A(e) of the INA, Such violation by the Recipient of the employment provisions, contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this, Agreement by the Division, n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the rneetings of the Recipient's governing board or the meetings of any Subcommittee making recommendations to the governing board. All of these meetings shale be publicly noticed, open to the public, and the minutes of all the meetings shall be pubfic records, available to the public in, accordance with chapter 119, Florida Statutes, o. All expenditures of state financial[ assistance shaI1 be in compliance with the laws, rules, and regulations applicable to, expenditures, of State funds,, including but not firnited to,, the Reference Guide for State Expenditures p, This Agreement may be charged only with allowable costs resulting from obligations incurred during the period of agreement, q. Any balances of unolbligated cash, that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State r, Section 287.0 05, Florida Statutes, requires that any state funds provided for the purchase of or irnprovements to real property are contingent upon the contractor or political subdivision grainting to the state a security interest in the property at least to the arnount of state funds provided for at least five 5 years from the date of purchase or the completion of the improvements or as further require d by law, s, The Division may, at its option, terminate the Gontract if the Contractor is found to, have sulbniitted a false certification as provided Linder section 287.1 (5)1, Florida Statutes, or been placed on the Scrutinized Con,ipanies with Activities in Sudan, List or the Scrutinized Cornpanies with Activities in the Iran, Petroleum Energy Sector List, or been, engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or us engaged in a boycott of lsrae�ll. (22) LOBBYING �PROHlBITION a Section, 216,347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations PUMUant to a contract or grant to any person or Organization unless the terms of the graint or contract prohibit the expendituie Of fUnds for the purpose of lobbying the Legislature, the jUdiciat branch:, or a state agency," b, to funds or other iresource,s received from the Division undeir this Agreement rnay be used directly or indirectly to influence legislalion or, any other official action by the Florida Legislature or any state agency, (23) COP YRIGHT .PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, AiNY'AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION t3 574 a. If the Recipient has a pre-existing patent or copyright,, the Recipient shall retain all rights, and entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise. bIf any discovery or invention is developed fin the course of or as a result of work or services per -formed under this Agireerrient, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this green gent are reserved to the State of Florida. If any books, manuals, firnis, or other copyrightable rinaterial are, produced, the Recipient shalt notify the Division, Any copyrights accruing under or iiin connection with the performance under this Agreement are, transferred by the Recipient to the State of Florida. c, Within thirty (30) days of execution of thin Agreement, the Recipient shall disclose all intellectual propedies relating to the performance of this Agreement that he or she Iknows or should know could give rise to a patent or copyright, The Recipient shall retain all rights and entitlerneints to any pre- existing intellectual property that is disclosed Failure to disclose will indicate that no such property exists. The Dlivisioln shall then, under Paragraph (b), have the right to al:il patents and copyrights that accrue during performance of this Agreement, cl. if the Recipient qualifies as a state university Under Florida law, then, pursuant to section 1004,23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions rnade jointly by one or moire employees of both parties hereto, each party shall have an equal, undivided interest in and to such loint inventions. The Division shall retain a I-.)erpetUal, irrevocable, fully-p,aid, nonexclusive license, for iits use and the use of its contractors of: any resulting patented:, copyrighted or trademarked work products, dievelloped solely by the Recipient, under this Agreement, for Florida government purposes, (24) LEGAL AUTHQRIZAIIQ_N, The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement, The Recipient also certifies that the Undersigned person has the authority, to legally execute aridhilild Recipient to the terms of this Agreement. (25) ASSURANCES The Recipient shall comply with any Staten' -lent of Assurances incorporated as Attachment C, IE 575 IN WITN�ESS WHEREOF, the parties hereto hiave exeCUted this Agreement, IM101.9 Signatuw Name and fifle: wb-*rjs-vjkff be sionatorv, if applicabiq STATE OF FLORID ftmilN A liA ll� Narne and Title: in Guthrie, Director of the Divisiion of Emergency Management, or l Gu6cellj as Aut1mrized Designee MM 15 576 Funding Sources, STATE RESOURCES AWARDED TO THE REClPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215,97, FL DRIDA STATUTE& State Project .- State awardingi agency: Florida Division of'Emeraencv Manauement Catalog of State F�nanciat Assistance title, Mgm, Searc:hi and Rescue Sustainment ov.Lpm Catalog of St�ate Financial Assirstance nurnber�� 31.078 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Florida Single Aga it Act, section 215,97', Florida Statutes 16 577 Exhibit - 2 Audit Compliance Certification Email a copy of this form at the time of agreement submissiion to the Division at: DEMSiqqLq_,8L&LL �@,e 41ni, ij)y 1lig ridM . ......... Recipient: ............... FEIhh: Sub-, Recipient's Fiscal Year: - — __- _- - - - - - .................. ........... Contact Name: Contact's Phone, . . . .. . ........ Contact's Email., .......... 1, Did the Recipient expend the State Finariciall Assistance, damn !its fiscali year, that it received under any agreement (e.g,, contract, grant, rinernoranduni of agreement, r7remorandurn of understanding, economic incentive award agreement, etc.) between the Recipient and the Florida Division of Emergency Management (Division)? DY'es [:lNo If the above answer Is, yes, answer the following before Iprroceedinto item 2. Did Recipient exceed! $750,0,001 or n,iore of State financial assistance (from i DIVISION and all other Sources of State financial assistance combined) during its fiscal year? E]Yes - ]No, If yes, Recipient certifies that it will thniely comply with all applicable State single or project specific audit requirements of section 215.97(2)(i), Florida Statutes, and the aippaliicable rules of the Department of Financial Services and the Auditor, General. 2, Did Recipient expend Federal awards during it fiscal year that it received under any agreement (e,gi, contract, graint, mernorandun,i of agreement, rnemoraindUrn of understanding, economic incentive award agreement, etc,) between Recipient and Divisiion? FjYes E]No If the above answer is yes, answer the following before proceeding to itern 2, Did Recipient exceed $75 ,000 or rnoire of -1 federal awards (from Diviision and all other sources of federal awards cornbried dt.,iring its fiscal year? [.Yes F_ -jNo If yes, Recipient certifies, that it will timely comply with all applicable single or program - specific audit requirements, of title 2 C.F.R. part 2001, subairt F', as adopted and suppler.e... by DHS at 2 Q.F.R. part 20 . By, signing below,, I certify, oil behalf of Recipient, that the above representations, for items I and 2 are correct. .. ..... Signature of Authorized Representative Date . ........... . . . ......... anted "me of -A . ..... u" —th o, —ri z zed e-, p" r ... e s e n t —aiarra __ _T I i _tI e ... of A-6i'li ri—zed R—epre-se"intati'v"o" . ......... . . . .......... ... .. ..... - — - — __ - . ..... . . . . ........ M 578 Attachment A Budget and Scope of Work MMM For, the described tasks and delliverablies, compensation shall not exceed the total maximium arnount of� . . ........ Aimio - u nt ............ 1! SUstainnient $12,000 TOTAL . . . . ......... . .. . ------ - This is a reimbursement grant agrelen,ilent to acco�mplilish the scope identified in the laws, statutes, regulations, and this Agreement. It is not subject to adjustment dUe to the actual cost experience of -the Recipient in, the, performiance of the, deliverables and requirements listed in the agreernent. Prior to payment, tasks, deliverables, and reinibursernent requests are subject to review and acceptance by Florida Division of Emergency Management. The intent of this Grant os to sustain the Statewide US&R capabilities to prepare for and respond to disasters throughout the State of Florida by providing funding in support of the eight (8) Florida Urhnan Search & Rescue and thirty-nine ('39) light Technical Rescue Teams, Funding for this pUrpose was aippropriated by the Florida Legislature, The Recipient ill Use the award an'wUnt to reirnburse expenditures in rine spending category: Sustainirnient, Sustainiment consists of maintenance of speciahzed equip lent plus replacement and enhancement of equipment anal personal protective itenris listed in, Attachment J Broadly, the qualifying sub-categodes Of SLIstainnient expenditures are listed b0ow� S�ub,-Category Description ...... .... . ......... . - ------- ------ ---- "".-, ............ --- - --- ......... . ...... ""11_____ .............................. ------- - ---- . .............. .......... ....... ....... ... ... . ....... Personal Protective Equipment Abrasion protection, uniformis, hydration placks, eye protection, fOUI weather gear, passport accountability, lD vests, chainsaw chaps ..... . ..... .......... Equiprnent Repaiiii- and Maintenance Fluids, fuels, mechanical wolrk for small) engines, boat fuel and lubricants. . . ....... . ......................... . .............. . ........ . ... ... . .. ..... ...... ........... . ... --- --- . . . . ......... Logistical Suppoil Saw bladles, batterres, MREs, water, and other perishable or disposables, warehouse fans, waiter rescue support equipment Fannie Equipment Kennels, transpMatioin, and supplies. - - -- - --- - --- M 579 Water Rescue Cache Masks,suits, tools, PFDs, other water safety equipment, boat replacement, boat connectors, etc. s and Equipment Hand tools, straps, marking paint, other sniall tools, and individual equipment, Equipi,-nent necessary to support stale COMMUnications. ------- --------- --------------------- .. . ........ ...... . ... Medic6l Cache Patient care equipirnent, basic and advanced fife support supplies, Planning Technology . .. .......... Personnel and Asset inventory program, office SUpplies for rnapping, prinfing, and accountability. . . ............. zM;ffMMz= It will b�e the responsibility of the Recipient to ensure expenditures are not duplicates of items purchased Linder surfside, cache rehab, DHS UA&I Grant, or DHS t P Grant funding. Any purchases which are duplicates cannot Ibe submitted for reimbursement to, the Division under this girant, If any purchases are reimbursed which are duplicates of itenis purchased under surfside, cache rehab, DHS UASI Grant, or D,HS SHSGP Grant funding, the amount reimbursed Must be returined to the Drvision, The Division will) partner with the State Fire Marshall's Office as Subject flatter Experts to verity Deliverables to ensure duplicate purchases are not being sLibrnrtted for reimbursement under this grant. The Division will use SaIesfoiroe as its Grant's Management platform for this grant. All IC eliveirabies, reports, and financial activities (reirnburservient requests) must be submitted to Salesforce via the Division's established protocols. These, protocols will be sent to the Recipient as a Saiesforce External User GUide, and additional Salesforce training may be provided to the Recipient by the Divisron. 19MOMMM Deliverable Due -.Date Schedule Deliverables Due Date & Quarter 3 Report March 31, 2023 . ................ . 4: 0 U a rte ir 4 Report June 301, 2023 ......... . . — ----------- ......... . .... ............. ............. . . . ....... . .......... . 5` Closeout Report August 29, 20or 60, days after s_0_MP_1�. �lml2f_aoLlyqies Quarterly Reports, are due at the end of the relevant quarter but have a 30 -day grace period before they MUst be Submitted correctly to the Division, The Closeout Report is duce August 29, 2023, or sixty (60) days after completion of the activities cointained in this Agreement, whichever occurs first. Thus, if a Recipient has paid for an stern but delivery will riot take place unfil after August 29, 20,23, the Closeout Report wiII be due 60 days foflowing the itern delivery. ClUarterly Reports are the basics for a reirribursernent clairn under this grant agreement, Quarterly Reports must be submfted at least once quarterly based on the Deliverable Due -Date Scheduled however multiple, I f) 580 Quarterly Reporls, may be SUbmrtted per -quarter if the Recipient wishes to rnake additional requests for reimbursement. At a m,ininium, a Quarterly Report Must contain a complete Attachment G - UIS&R Grant Report Cover Sheet. If the Recipient wishes to clairn, reirnburserneint for Sustainment expenses, the Recipient's Quarterly Report must also Include: 1. A correctly filled-outAttachnient H - Reirribursement Request Breakdown 2, Receipts of each Sustainment Itern claimed with, the Itern # clearly wntten in the corner The Quarterly Report may also include any other supporting documentation to help verify the veracity and appropriateness of a purchase. All supporting documentation must have the Item # written in the corner for tracking and verification purposes. To correctly fill -out Attachment H, the Reciipient MUSt assign each purchase an Item #, starling at 1 and asceindling (2, 3, 4, etc,), This is for tracking, and verificat�ioln Purposes. This, Item # will be unique for the Purchase and Irmust be written on the corner of the purchase receipt and included on Attachment I - Ownership Certification Form. Additionally, the Item # must be submitted in the corner of any supporting documentation for the purchase. After aissigning an Itern #, the Recipient will need to fill -out the relevant information for the Item #, Date(s) Itemi Received will be left blank until the Recipient takes possession of the Item #, Attachment H will be a living docUrnent that is continually added -to throughout the life cycle of the grant, updated any time there is a, change or a reimbursement is added aind submitted to the Division in Quarterly Reports. Once the Recipient takes possession of the Ilter n, the Recipient will need to submit their updated Attachment IH iin their next Quarterly Report, as well as Attachment 1: - Ownership Ceirtification Form. This form certifies final ownership and possession of the Itern. Every purchase submitted for reirnbursement under thils grant must have the Date(s) Item Received field filled out on Attachment H, aind a complete Attachment I submitted, NOM= Deliverables shall be submitted on the Division's Salesforce platforim, in the Deliverable object. The Recipient's Quarterly/Closeout Report shall be compiled by the Recipient into a single docurnent wherever possible when submitting for deliverable approval. The deliverable shall inClUde all required forms and supporting documents sufficient to verify the accuracy of deliverable completion, Following review and approval of the deliverable by the Division's assigned Grant Manager, the Recipient shall submit a reimbursement request on the Division's Sallesforce IFlatforrm on the Financial Activity object. In the Financial Activity, the Recipient shall attach their approved dleliverable in the "Dehverable" field, and Upload the fUll Quarterly Report deliverable submission. Hnanc!21 Conseguences FaflUre to successfully cornplete each of the required tasks, as demonstrated by the failure to satisfy the applicable defiveirables, shall result in the following penalty; Reduction, of the maximurn payable amount based on the applicable percentage of each task not successfully completed Failure to submit deliverables, by the due date may result in the following penalty: Reduction of the deliverable payment amount to, the Recipient by 5% for each thirty (30) calendar day period lin which the deliverable is not submitted, lif, because of circumstances beyond the Recipient's control, the (Recipient is unable to SUccessfUlly perform a task required by this Agreement, then the Recipient shall notify the Division In writing 20, 581 immiediately to request a; due date ex.ten suon, if the Division agrees that the inability to perform was directlydue to circumstances beyond the control of the Recipient, then, the Division will consider waiving the imposition of a financial consequence, 1 21 582 �Mmm.'Q 'li, Floriidla Siinigle Aludit Act, section 215,97, Florida Statutes 23 583 Attachment C Statement of Assurances The Recipient hereby assures and certifies cornpliance with all Federal Statutes, and State of Florida laws, regulations, policies, guidelines and requirements, and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 Ci Part 66, Common Rule that govern the application, acceptance and Use of State funds for, this State -funded Agreement. The Applicant assures and certifies that: 1. It ww ill comply with provisions of Federal law which firnit certain political activities of employees of a State or local unit of government whose principal employment is in, connection with a:in activity financed in, whole or in part by Federal grants,, (5 USC 1501, et, seq.) 2, It will comply with, the minimurni wage and rnaxirnum hOUr"S provisions of the Federal Fair Labor Standards Act 3, It will establish SafegUards, to prohibit employees from using their positions for a purpose that is or gives the appearance of b�eing motivated by a desire for private gain for themselves or, others, particularly those with whom they have family, business, or other ties, 4, It will give the sponsoring agency or the Comptroller, General, through any authorized representative, access to and the irighnt to examine all records, books, papers, or docurnents, related to the grant, 5 It will ensure that the facilities under its ownership, lease, of, supervision wNch shall be utilized in the ac=Tipiishment of the deWerables are not listed on the Environmental Protection Agency's (EPA) list of Viollating Facilities and that it gill notify the ivision of the receipt of any communication from, the Director of the EPA Office of Federal Activities indicating that facility to, be used! in the project is under consideration for listing by the EPA. 6. In the event a Federal or State court or Federal or State administrative agency makes a findingof discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office for Civil rights, Office of J ulst ice Programs. 7, It will provide an Equal Employment Opportunity PrograiTi if required to maintain one, where tile application is for $50 ,000 or more, 8. DRLJG,-FREE WORKPLACE (GRANTEES OTHER THAN INDMIDUALS) As required by the Drug -Free Workpi Act of 1988,:1and impernentect at 28 CFR Part 67, Subpart F, for Grantees, as defined at 28 CFR Part 67 Sections 67,615 and 67 6201. 24 584 Mt i. IflitrIll Attachment D -jj- I !I I "I I III I I IFIR, liffilil IIII W ifflill 11 Advance paymoil (A'$ . .. ... " , , I is requested. Bahuicc �)f pa"Yli "lill be 11I on -�i relimb�wsoncnt imsis. 'I lwst� funds auv riieedet� lo lmy staff, award II to c1lienis, &iplicate fornis and purclia,w slail-up suj)pfies amuall etp.Jimicni. We would not he able to ojicrc Ifiv Ifau~amlzmauam m6tkotil tbis advance. 1111311151 Ili !,III IMF! Will I I 1 1111 ESTIMATED EXPENSES BUDGET COST CATEGORY 2 20-2021 Anticipated Budget Category (List Applicable Cost Category) Expenditures for Advance Payment Request . . . . . . . . . . ... . ............ . ... . .. .......... . . .. . .................. .. TOTAL ANTICIPATED EXPENSES: $0,00 BUj?QLj —CAIL99RY &COST JUSTIE19t'ATION, (For each budget category, and cost, provide a detailed justification explaining the need' for the caish advance. The justification must include suipporting documentation thiait clearly shows the advance will be expended within the first ninety (910) days of the Agreement Performance Period, Support documentation should Include anticipated training, POls, planning project ex�penses, and administrative costs (as applicable) to provide the Divislon withi reasoniable and necessary justification for the advance request, Any advance funds not expended within the filrsit ninety (90) days of the Agreement's execution shall be returned to the Dilvisiclini Cashier, 2555 Shuimard Oak Boulevard, Tallahassee, Florida 32399, within thirty (301) days after t�hle ninety (90) day timefrairne expires, along with any interest earned on the advance. 25 585 Attachment E - I i I I Jtyli#23A Financial Management Recipient's financial marragernent system must include the followwing; (1) Accurate, current, and complete disclosure of the financial results of this project or prograrn. (2) Records that identify the source and use of funds, for all activities. These records shall contain information pertaining to giranit awards, authorizations, obligations, Unobligated balances,, assets,, outlays, incoMe and interest, (3) Effective control over arid accountability for all funds, property and other assets, Reclpient shall safeguard all assets, and assure that they are used solely for authorized Purposes (4) Cornparison of expenditures wwith budget amounts for each, Request for Payment Whenever appropriate, financial information should be related to performance and Unit cost data. (5) Written procedures to, determine whether costs are allowable and reasonable under the provisions, of the applicable OMB cost principles and the Terms and Conditions of this (6) Cost accounting records that are supported by backup docurnentation. Competition All procurement transactions shallll be done in a manner to, provide open and free competition, The Recipient shall be alert to conflicts of interest as well as noncornpetifive piractices, among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor perforrriance, and eliminate uinifair competitive advaintagie, contractors, that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests, for proposaJIs shall be excluded frorn competing for such, procurenients. Awards shall be made to the bidder or offeror whose bid or offer is responsive to, the solicitation and is most advantageous to the Recipient, considering the price, ciuMity and other factors. Solicitations shall clearly set forth, all requirenients, that the bidder or offeror must fUlfill for the bid or offer to be evaluated by the IReciipiernt, Any and all bids or offer's may be rejected when it is in the Recipient's interest to do so. Codes of Conduct 26 A.L^;, The Recipient shall maintain written standards of conduct governing the performance of its em;ployees, engaged in the award and administration of contracts, No employee, off iicer, or agent shall participate in the selection, award, or administration of a contract support by public grant funds if a real or apparent conflict of interest would be involved, Such, a conflict would arise when the employee, officer, or agent, any member of his or her urrnrxnediate family, his or her partner, or an organization which ernploys or is abOUt to emp�lo,y any of the parties indicant dl, has a finaincial or other interest in the firm selected for an, award. The officers, ernployetis , and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary vaiLW from contractors or pailies to subcrnntracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,, employees, or agents of the Recipient, BusinesjHpurs The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, All subcontractors or erni#loyees hired by the Recipient shall have all current licenses and perni,its reqUired for all work for which they are hired by the Recipient, 27 587 ummmm" (1) The prospective Subcontractor, of the Recipient certiifies, by submission of this clOCUment, that neither it nor its princip�als are presenfly dlebarred, SUspended, proposed for debarment, declared ineligible, or VOlUntarilly excluded from participation in this, transaction by any Federal department or agency, (2) Where the Recipient's, Subcontractor iS Unable to certify to the above: statement, the prospective Subcontractor shall attach an explanation to this Form, SUBCONTRACTOR: Recipient's Signature Recipient's Printed Name Name and Title FDEM Agreement Number Street Address Project Number (Nf applicable) EMIMMMM LIM 28 Attachment G US&R Gnt Report Cover Sheet For use w4h any stiAjnflssion including quarterly reports, closeout reports, and financkfl ,ictivides Recipient Grant # QuarterQ 1 Q2 Q3 AgreelTlellt CIOSeOlIt El USTAINMENT . .... .... ................ $0.00 TOTAL AMOUNTS. I certi� that to the best of inn krwsvled,lje the billeticost-v (we in accordmire with the jej.a,jS 0jr this Agrwernent and that I am aothot-i7ed to subtrift this fonn on behalf of the Recipient, 1j'Agreernent Closeout is checked, I cet-tij't' that the anaunds remaining Ore correct, and I certift the agreenjent is in closeout Print Narne olAuthordrat Official Title (j)"Authorized Official Signature ol Authortzed Offirial Sif plature Date Report Narrative (Ise the bed ow tar provide updaws and give detAls of Nflivo-oblco actisIfics, Ped"Onned (h,u-ing Lhe Pcrftnnti tIncc Perioct H Su[niliffing vVith a relinbu I-Seluent, hst uItly inTgutorMes or troles you wkfii do btlng„ to Ole Dkds' i0r)"s Men don, 29 589 All- Rei h=mw Reirnbursentent Reqtm.Q M-eakdowii l M& R Crant This fermi is cunt Wad sre anda running list of all sustairurient and vehicle reim hu rsicment request for t1m Grant Agee ernouL Sustaffinwnt purchases tm wst be purchased off t h e pine -:approved cach e I15 A t tat) t n i e i i m 1. V e h I cl e 1) tj rcli;rses m u S' t ha pmt cI'M Se d off tl,w lyra. -a p p For e cl cac I i e lam A t: ta ch n'ren 1: K. I t eni I Ve, i it c) e 01 is'a un f q tj c number given to a put cl Tasw by the Feet p I e rR t tsar t radd fig, p u vp O'ses' A a I It ng at I a I t d a wenid i n g, Fo t - Q isa r t e rl y fie 1) or 1, 1 nd I ca te t he cl u a ri e r ly A -e po rt rat w h i c I the I 1c, n i / V e 14 d e wa s s u bn i i t ted for re i Fn b ur wilt c nt, Itent/vOlicle H IRI � i / V 101, 1 i Cie N a 1*1, Q1LJ al tpol v tie ort a e o in r, iase a, e s 'em, el uc e eceivei 0 a (Q� P�rr ;f1r . .. ... . .... . . .. ........... . . .... ........ . . ...... . . . . . ................. 0 Nf-,qr�/Velfldle N P"'/V 11.111chase Je RecOved Units Cost Pei ur5il ul —K . . ............. . ....... ft.cq'n/Veh!dv Name L�,,Lt-tLLlx±-e2r2l ...... . . Dale(s) itern/V00de Recoved . ........ Units COM Per UnitTf"Aal ...... . ...... . ........ Umjt Tliltenl/Vchlcle . . . . .............. . . 1terrn 'V ehicic #t qvrn/Velreje Nj,]�t.. . laalfffly HGawnaa)�sD lde Rc.^ceived Units a anet Per t race f r tap Cost . ... .a ..... - ........ .. . ...... -------------------------- Item/Vehide Name QWdOt(','1'hjRf,,cart. Cwpof--Purcha5e Dme(sj tein/'V(,'!hrck,, Received I 4. nos cl.)st Per Unr( Iota[ Cost . . __._.m., . . .................. . .... . -- ..... ................ ..J.— iern/vehide Descri Ft . ..... ... . ..... te1Ti/'VehkJeNtm--- QuailemlyPe' iorl w Date of Purchase nate(s) 11c.mvIvelftle Received Pei Wift TmM ("ost . . ..... ... -i!sm2-(Lc! L Rein/Veiflde Nam(, pott DatetAr'hase Dat0s) Hern/vehicle lltecOved unds re: cask tern' Unit . ...... Total 4';ri51 . .......... Maim /vehideDesc!l �Idon it'sIt fi �- I i ............ en't VelI C e Hern mco, T ijar er y ef or 0 Purmasf'a Cost Per hift . . .heitttl ........ ................. . ...... . . . . . . I I I c In / ve I ft ttcirwVvehicle Name DateafPutchase O's cost Pei, Link - ------- --- 40 B1 OX0 . . . ......... ltcrnm'Vchiaie . ........ --- liern/Vehide I'm rtaww Dake(s) ltorl/vefikle RecOvecl . . .... Urifts cus'k 11p Unit RAW Cost .. . ......... . . .. . ..................... . HC1111 'chick, it Rem/Vehide Narne QuarteflVlwpoit Dateow ......... . .......... .... . . fPfha!w, eirr/Vehlcle Received Units CoO Per Unit I atM Cost 1! quation lteml/vefAde4 .. ..... ftern/V01hide Name ........ . Qfladerly Repo Dmo 0 Pwcha�se G7ate^l y Reqn/vOlkle Gtecew�W ..... . ------------------ n �RL"S Com Per Unit TOU"d Cost . . . .... . . ...... . ............... . . itern/Vehicle 590 Attachment I Ownership Certification Form To certiN the receipt and ownership of goods . . .... ......... Recipient junn Item, Narne: St,ippher Name,: Date Iteni Purchase& Date Item Received: . . . ..................... . .. ...... ....... . ....... Received By (P'Tfilt I'laMe ofstafl): Verified By (Print nanie of ziudiorized official): . ...... . . ..... ... Units Purchase& thifts Received: tertify that to the best of onY Mumirdge the iteinsIvehide.s receivedare in acrordance with the Terms ofthis Ytgreement I rertift Ive are iol pcusession and ownership of thereferenced iternsIvehicles, and I urn authorized to.vubrnit (his forin on behall ofthe Recipient, PrInt Name cpjAuthoHzed OffidaO 77de, of Asattaraa imlOffidal Signattire of A u thorix, edOIJIM � I Pate 0wu(',,-t*ship Narrative t,�st amy i 0evant dvtElls; ........... 29 591 COMMUNICA11ONS k"m IC A25C C ,kOYid 2.00 (Air Porhalxiel$ landheldi— WIM flexible anlerina, fet�hwijeable bartery C01MMUNK,A] ION$ ADIOS RhleHaindhefld) Baflery Case, (,Wmsheil (U"�es 6 "NV' Peq dwlP fl 100) k"Oni A-,102 01 RP289 C0 (Ai� Pofla COhAlOUMCKTI10INS RADIOS C Portablefi-laindheld) Speaker rAlcruphone 10023, T CA,0102.02 COMIMUMCAI IIONS RAIDIOS Nylon Case kxrm I BE) CA,01(r2J)3 AT Portalik,44andheld) COMII QNd 5 RAI DIOS Bell Chp foUa '"I'll p mslnelI oR Radio Icof" IAB 133 C04 A, 0102 (Air PortableMand1reld) C;OMI�AAUINKCA40IONS RA IadPr Ric,, ogramnang Adapier OTIC-2144 C01 A-02,05 (Ak PcfthleHanDICSdheld) COMPAUNIICAT IONS RAD�0$ Rrvlirp" Progfrimming SrAiware icorn CS-A25 (,A,,Gl 0. 206 (Air PoTtableMandh0d) COW RAMOS �Ak Poirlablell landheid) leffier, Air Radio Lanyard Colacea MARIMUT CA,0102,(Fl I GOMMLJMCATIOM,� RAMOS Baflecy, 'Spare AAr II {cram"' HP,21ON CA-0102 OC rAh Radi[I iftation, 4d add Meets APCO Project 25slalndard, Digrla( RADICS NaI I UHF, 380-470 th.1-4z, PoojecI( 25 IDE$ analog encrypHorr 7CCA07104r10)0 GMAMUNICATIONS papAble, lProtect 25 OF B digirlaIr encryliftin capxkbCe, fieId prograniniable vdtti Motomla XTL 50OU (Base Radlo) 3d11 gain anierm im), lincoaxial calt , le, AGXX,'porver siu;)ply airidexternal weakei' kedio ittobile (40 waflg Naeem APCO Pmpecq 25 standard, INg[I RADIOS boWwafift compaffbte, UFIF, 380-470 P4HZ, Protect 25 Di8 "nalaq COMPAWI 10INS poboe) rilIcryptibirl capable, Project 26 M digilial I emirypVon' field Procrairriltrable, l4otorota X'TL WOO CA-01MM with Ips MID 'ardenna Prount, cigar lighter adapler, ACA)C powen supply micl R8rho, Akciali, Mobfle,, Na om A120 Haft M 1 Gi'mr,cl Plane Anficnim, Cost CDPAMIIJNICA-1 101N� RAM()$ wouid aclode iC-A120 5 qvlobile Iadio, Elzr-w Siahon Antenna Mir mount Br untIC M20P CA-GI106,00 (Base M capable (t 1 Jf.J- JY5 NqFlj Wifil) 50IJ, of WIR-400 Ultra Flex ovro� caiAc, K220 A ,nagnefic mount aillenne, GOMPAUNICAJONS RADIOS (Base NR) Gromid Plane Base, Antenna 109-6y'6 ZMlrz kconl GA,010(y,01 COMMUNICA110INS RADI1r'.)S (Base, Air) l0at,rmMum NM0, VOMIlp Arrlerrna 108 9317MI,lz —SAINT IcOM iK,220A CA-0 106 02 CCCdICIr1kGIFdIiCDATI(,,)NS RAENOS (Base Aw� Coax Cable 5()r jih P11_2�)q'S 11,1I 11111clom"five. 1. 40DUt CA Cg'J 06 gur COIlMINAUNK,�A1 IONS RADJOS ' Proglarnming Scrilware A 120 lcoim G'—At 20 CA- 0 T 06,04 (8 ase Arr) COMMUNIC,'ATIONS R A D 1 OS (Bw�a Air) Rio gramming Cable A120 icorn OlIC-47SUC," CA,QtDCS,05 R,AEfl()S Programming Gable AdalMer A120 lcom OFIC' 592 a 1 (.6106 (Gam, AiIJ (.mOII I IONS RAMOS Speaker, ExtemM Icorn SP35 CC 0106,0$' Ma%e Air) A Na DInS Radici,, Remote (trine), wealher proof case, ccwx, atummR, caqvI ladicr GOIVIMUNK,'M MNS iinsluded (Rernoke DC,i in M 380,470 Wriz, APCO PrqjK,,r 25 sUandard, DigrI al,, Pro)ecrl 25 Morolo X mo rL o rA,0107,00 analog encrylption Capable, PII 25 QFU fllr)ital 0*0ypt4on capattle- COTAMIUMCA11ONS RAMOS Radio, Handheld, Uf4F 380-470 MHz, Mosled IH, APCO R25 'Agindmd CwNC l4 FOMI41 CA-0108,00 Gov"pliaint (716 Mnilmitan, Optional Purcharge", up to 06 radios) (X71WIPU4)'4 COIAMUNIGA:no�as RAMS Raft, HaindheldNI-IF 136174 Ml, iz� Model did"APCO P25slandem matorwa FOOKEHOIT"WIN: CA-01 09 1 (Porlabliefliarkd1ked) Cororplient Radio, Fbiifld HeK 800 Mill 12, 1 Ype Illi, APC() P25 sItinclaw Gorlgpllant, AES RAU'Alk)S UFS-XL J1lF!$-0FB ena,ylifion, Astro II CAJ, Astro P25 01AR, NI DC COMIMUNIGATIONS, MACloiri Enhanced DlgHttl TD, Conumbonal System R ft (apaMe Motoirda M0UCH9PVV7N CA.6 I TO 00 CN IardataBsDlnlanrddreNdl, Sollwitie, Riloggedded HousHq. rY,ellaw t Wlisling, Firgr eive side Di HOU'Mrrg Or pWin vrew "DHS FEMA UISAR", flextbie amenna 31 592 In 593 4.C)p491MUNICAT10,1NEC u Aamatar'rr'aa. 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COMMUNICA-1 V,)NS SAVVEt COMM R -GAN US&R Complele KII Sere � inidNidual curflenis bekmm, tm T111;-1 PoqWble, BaWband Global Area Network (RGAN) global sale"Ifile, inlefinut C01MIMUINICA-HONS SA7 ITE L C)MMM NOvark wr") leiephony WI'ririkral, taro iiiclude,, A(VDC penwIr supply, bafteiy, col'Alam RfmlWa, aillwm, anienna wdenwon cable SIM Unks S'ARD, FRE PAIL,) Exproirm 7 10 (500) Pfe Paid kv expire in 2 yeais COMMILNMI1GAI 1111QNS, SAVua, Comm 11roini cate 0 activalion Posl Pmd w:�VOoqj avaitatile pej ynuj ag{ .IrjcyMorxiltrao Mad lkay 34 'I MWSA7 32-LIS&H or GIK lOSAU C11-US&R qLrpj- CP-0102 00 CB 0103 las CID -0104,00 CNC 101105 00 marrent C (" 4,1103 00 CLC 0103,01 MSAT d Larvid Nlobile Ka, WWI hslNt Kit (VIK), Ii1eiri'l, CG -01 03 02 KfErX, I CII;,01()4 00 [`zplorer 710 CC -0104,01 fIJ7 IOS 12,51141,13, 01(A ("12 89870091 l41 2518tA?A US&R Spec"P)(; SIM IUS 595 COMIMUNRATiONS VkNrEL COMM Bailwy, tifturn 1(m, foEXI1,11I OR IER 710 (51pase) COBHAM 41D3686G C(A104 03 (14CiMPAUNIICAI IONS SAIrIEL COMM Chwgvt,Car� CWflefo( E174PL01REf330015Q0f700(7l0 C00HAM 410365OA-009 CC -0104,04 COMMUMCKFIONS SATREI, COIIIAM DC Flower baftery AlIqlatof Clips bell (.xTanqvu 1EYV3 (7C�0104,0,5 (,',0MML1N1ICA'ri0NS SAi e"1 EL COMM Anlefina caWe COBHAM 4103 7 22A 941 GC -0$04,07 8 meter RG2231U I NC MAL-EfT NC MALL COMPAUNI)CANONS SAUTEL COMM Anterma cable C(DOHAM 403722A-94�) CC,0104,08 1- 14 alolvir RG2231U 'INC MAILEITINC MALE (''OMMI,)NKAI l0lhi$ SAWTEL COVAM SOLAR PANEL Folding (40 WAU Win) Nature Power 5fA41l) 1'CC-0104,09 hAh1UNlGA,'ri0N:S SATry EL C '0WA Antenna Pole Mount Kit COBIHAM A 03650A 921 CC -0$04A0 COMMUMCATIJOWS SA-TrTf.-J, COMM Phone, PO fS Al &T Stirtilink 1 1001DK CC -010411 COMMUNICAl iONS SANIEL COMM Cable, Phoiie, 1(.X') fl RJ- I I iteni IMICI-4566 i wdol EA.- 324 !rT Staple's CC 0104 12 COMMIJMCATIONS SAVI EL COMM Plione,, 25ft Coiled extenWan cord liem,209654, btaptes CC,0'104,13 JA S76139" Black COMMUMCAT11ONS SATn EL COMM :RF Coorrwwr, Double Fen'rale TNC Bai rel, RIF Paris RF11225 CZ -01041 4 C'VAP4L)r4tGA1 IONS ','rATITEL COMM IRF Couneclar, Reverse Poladly:SMA Male to SMA Fwuale Adapter PT Paris '1535 C'G,0104,15 COMPAILIMICATIONS sAk i n'E 1, COMM RF Covector, Foever", "Olarfly SMA Male WTINC Feriialtc AdNAer 141"Parts 1,529 CC -010416 COMMUMCATIJOINS S,ATfT F. I,, COMM RF (,'onnecIlor, Righl AngIc, T NGr Male to Type IN Ferriate Adapt r' RIF Parts RFT1234,11 is COMML)M(',AT1')N',5 SA'UTEL COMM Rf Conne0or TNC Female to N I Adapter RIF I �CC-0104 18 COMMLIMCAIi'IONS SA I I rEL COMM RF Cori riecl rar, N Female to TNC Male Adaptef RF Parls RF 1242131 GC -0104 19 COPANIUMCA1 IONS SA-TfIECOMM iRF Jurnpor, 21ft 400 Series Antenum Cable N to Reveise PolarrtV SIMM. Male Lorn CA-NMII CC,0104,20 COMMUNICATIlONS I SAI/ 'ElL C'Omm Cabl(e, USB 3 0 "A" Male to "A," FernaW IF xtenslan 1 Dfi 'I rlPIP 4. fle U324,010 CO 0104 21 COMMUNtCANONS 1,341, F rT El L C 01410 7All;111., VAll 2 4(.1-1, IWRJ Fd',%PAj, Off, Morlopfice 8748 CC-OHA 22 COMMUNICA"I 04S SAUTEL COMMI I Calaw, 2NI Reverse PAaMy SMA Exlenston Coaxkal Cable rR11 4rU1 1741U) L'C'Onl QC,-174RP CC -0104-23 COMMUNKAWNS SA UrEL COMM Zlpinr Pouches, 3 pack CLc Uci 1,00 C(,A104 24 COMPAUNICATIlONS SA'I t'l EL r'.0hW sull Bagipgoteclor 1w 7,10 (,'OBHAM Condor 146 3, way soft Case C(, (l 1 ()4,25 Pelican 1560 Storrro CONINIUM6',CATI101`S SATC[El, COMNI stmage case Pelhcwa Cam! vaffi 1569 1- id CC,O: 104 26 Organlzei - GOMMUMCANONS SA TY TL COMM (AWa, ChargiiQ toi E.YFILORE 710 spare banwy CON lAM 403720B 010 CC -0104,27 Cellular, Teiephone SMART lAwoe 100ndows, AnciroIud, or JOS w Ruggerfi2eb 4.OMMUNWATI1.)NS SAWTEL COMLI CrWrviing case, �Paje pallety �Whete applilcabW�r, ha 0irgel' cigar fightw Flel "Sponsorrfig Cc-W05'(to adapter wdh renewalble yearly wirvice Wmwder aml nw,del doermined by agency covt0actl"' task force purchasing gmdefinc-s) OCcpnsodel F IrslNel Fjegvlce� Tetelphone P0 If S, p4lse/D111F capabile with modulaq phDM.',� C,'0MMLAflGAl"i0NS SATn E1, C'0 lA 1A cc0s and connectom, 2 litm it availatAe, SiPoAor pficPqre, capalate (I` CM ON AT& f Mi. 17929 0107,00 S11 I COMMUNICATIONS V0-,IEIfq DtAl, TONE IS AVAILABU-) CofhtAUNICA FKAS SAV'TE1, COMM ellrAaf bala, Mut "'R'' Oil remmable yearly survircu (Hot Sp,W) (Cor�skjw Pei Mpollsonng , CGO108,010 FirstrNet Sepvice) I tAc a0ency conr AS 0WAFAU 'A JC AT lON 8 SATMEL CC,14TA SAfeflile I elleviskan Drip (HIDTV) wserWce conkao -- - ------- - ----- ----------------- - — Uslor or DirecAry CC -01100,010 I R 5016 dph and irripod Ikit tinicAides everyttling you need to (30 set up D& 4248 18" satellfte atfleirma is rapattdcrr of receiving DISH Network. starvlardl COMMUNtCA1 VAS SA71TEL COMM VMnegard TR -6018 CC-01por01 dorfinillon prograinurting oirusalelWes 110' and 11TV, as,well as DI)RECIV standard deftniflon progtan'tmingon salerhite 101 Sair'Alfte IrdenIO sybleln, 1,2m ViDUGli ISAIl'XF1 flEhrecI Moble Sareffile sy"geol WJI Coirrlrolk"f aod listed Wimunt peilfgman ce Toughsal XP(Duarl COMMUNIK,A11 *NS $A I �1 LL r",C)IMM requirnients �of 20lOBPS DOCV,40A[36MFII UPI, OAD, Maximurn 01 10 1 lvlatriK Sat Antenna C0101 11.00 conterlboll mllu lsysIrem shWl have (2) dedicated V01P phaim Imes Wilh GIR syslerns Control Unil FS2 ONCLUDIES ALL 11 ElAS CCC -0r 11 01 , Q,) COMMUWATiONS S AV'l E L. C 0 I,A M Toughsal Flyaway Case Caislun r woYdheel Dolly Ground Control Ground CoO1111,01 1.01 SYS1 errib" Yglems COMMUNiCAT1, N S SAVVE.A. COMIM NJIR(" I Slandard 801trudBand Bloa Up con FReqkhift,'A for Ground Contfol NA 51 1F CC,W I rt 02 20Mbli9s dowirl5tAbris Utr) SYMMS COMIMUNWAI IONS SAUTEL CONIIIA Norsal: 4506A Ku 64md IDRCa 11 FIB G rou n d Coo trol Fc -01 11 03 S�mlerne COMEAUNWA-lir,44S SAIREI CiDmitll DirecIt EvaimmoPV v Remote salellfle Rqrtier (Rertkjj1e4l frw 20WIP,,; Ground Control 0111 04, down6l'Abips Up) SS yMevyls C,OfAMt)Ni(,',A7 IONS SATfT E L C 0 KI I 'I ca i W1 i sa � F ly away 3 P lade S y Men, b, 1 rkc I u de q C u sloi ni z e d C ase loo IA S S, Solt Giound Cooiml 05 Gane RellecAoi Nig and 81U Ruggedized (An tralter 40 ode ai Rack Systems COMMUNiGA1 [ )N* C()MIM ToollesslOuRck Release Mokinriog four Reflemr Giound Control C, c 10 111, 06 Systems I CQMtolt)rql(�A� IONS SAWTEL corAl"I laughsal Fly and Dflve Syfrlenr- indudes Ftyand Uldve, Nac 05, Levering G�'Iound Contiol CC -01 I 1 0 7 1"eet and Storage Bag systerns C.4YMq�MUN1CCAA'R FC 14S SAUTE1 COMM VolPAdapper 21:)rrrtar¢aloig(AtA)wl2w,,,Ijvatedlanes Cism, SPAI'l 2 CC -0111, W Mi 596 d:'OMIOUNICA"U`WINS ls01MUUUNICAflONS Sr" rn'IEL COMM S9a10EE,.(,(7UrM Tougirrm Flyaway Case Side Junrr ion GMW Bracket p'rAMCC'tCOr4diq (ler Ground C dYo'iCe'r'YU Sysle ma Fuarrdum PL.PR00MaC, C(11.011109 t'I;(;101111 10 C01NlJhlRM"U'Cd1" ST1E.V..;4M1 Unlinlerrupreil M r^pa btipEPy (UPS) tarW tvnur'i 2401J450dA$20'r/ tl4VA,B•t;; 44awrH -UP$ CC: 19" V 11 Rack wsuul UPS System (Irriemal SMBatlrery PN#RHC1d) GG 71 It :31 SC41,9'7TiM ILI G(.rPn MUNitMl4VIO NS ,^aKIYTEL C;OW(I S aIiallile Ang(e IF'itrder wWag rRet Base Prrrfect Vis son PVA 701f fl GG -01 11,12 C131MIWUNNIC AT10I NS SA UTEI.. 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OMwMMUN1C8AY'10NS M,taT'Fl IiL COWO 31J Rade C)iaawrvaeao, I.elr.tlaing Mid cJUe.SttainWa 1:S3 CCu.ra111,20 t:,i'7taM&MMUMNIC;„A EtO NS l rfTE„Im c;a.roM141 - Curse, RaacE' :NKB U Seri s IOU Moto Shoc"W;pavr'aruril SSB 1 klEs,R9 pl'U20 C:(,•Ca1 b'1 21 CO MIAUN1C,rw.E1O NS SA'I jr1 E I C; O MINMM Cel 5E. Cable tiwdtlr RJ45 C0.dr m -p lom 10 Feel pMumuparsce 13155 Q:C1 011 1,22... I C41M MUNICJA"U"UO NS NEIN €"r1 EL COMiddl Gant 5E 1Cralbie wr 0h bNJ46 Clcaarreeclrrr, 25 Peel p400,01pYr'brre 13168 C C-0111 23 CO MNMI„ptN1CAM,"11dSNS d,F`O TTE1. C,OM,MIM Cat 5E 1 ob W a" 4h RJ4 a C orwirib cors 0 Feet pMurreparuce 13178 t:C,011 6.24 Route"r', r aH r:7vea vM1h a1ua11 L I E modem S 5 year NelUoud COMMMMUN?C""M TIONS S 1 [T EL CM,3O[M ManagenrenilMrarlr ar0y+ 42,1 (. eltkiillaj cad heu-5 pled wpYJ07sdbllrg agency g64BdeII9' es Cradle P inP AF, .Nr2100 C 0 1 1 1.25 .... dK f:YorkNraneded one canreq, lu be Al 91 E iisttn el A4l II#�1,Mr?NJC3 I "2'C1tJWro-M ...... 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(,;t;-rJ N'12.00 AC & DC" tale«ariper, da9lta c able/powwelr aiilep tel i civrerIAIrlra" i a Adapter' 9575-F& Hands Ilya iudsel Le attlrer (-'Ase fMU~;eus IMrarmaeal, Date Caro is NMal CLAI8N"k. indium,p repwd "N2 nnerrih pInWa luddes, ,S00 twMrrrutea) 1�^osi l edit 1uM9575 1M SIN4 267094• CO M1NMUNICfATION$ S ANUIEL COMMN/1zabd:ey Iupatucsua event ntalle Il f,.si your agencyiconirad rerpuuirerrrc=nis 267tl43tJ„,tNR "SEarodin dwt, 0k12.01 SI9d61fA`s CI„bIMAUNIpCM'MQNS SAWl"FU. COMM Battery, 14hiurrr lcaar tor Indidaurru %75 (Spare) cliaaalt 2AC;95/5UA1 BERY CC -01 1(i°,02 C°C:1E�MNMMUNICs4l IONS S AUI Et, C.Cltr➢MM a, Iricduuea Nrixer7 Mast vwd50fl Low r s5 (,;rtes �4rullr N,1ele ""1'1NC connr�w„rtcra is aAeiuflex lA1 8521-7 W a" C (1112." a 1 Ea n ..CaMv AUWC A"1"IONNS S T1 EL C'O MMM SlcaaeaNea Case N"fi8raneu Casae 210(1 GC-0112.05ro ' CC„7Mw1 MM UNICA71119..1N$ SA I J81E.1. 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XTS� "MI, N52 7SI3 I 1� 1-,',0rAIViLftCA'Tt0NS ACCF S$(L)RIE,$ Purchase up to 2 of Itern CD -01 14,001 olla " , ", , ", ". -, �' CF -010'50I) COMMUNIICATIONS l51EATHR, h11helula, dit-clional (Yagj�, 406-440 Mliz 5 Hevnenlr 9dr3 gaiin PUTEUMAXIRAD 1311,M)Y4065 CD 0105,00 . . . . ......... I lurbod to curient TEM USW channef plaw ............... A -( I DC) lf1 65316&M(� COPAIALINIGAHONS FSE. FV�S a2, 68, B 11 8 T4, F: R8, J��&R SWI ( H (20 tl 9 PILAN) EMIR Corp 419 N 10 MH2 (110 NO] BLJY SlINCLAIR, RFS IIS NLA) ------------ P -,ATEV6' 111111040fl I, rw46'71;37, 26 filo ('01MI0UN1CArIJ(.)NS REPEAlIERS AntequiII, Chnni diced or big, 406-470 RPS, 406.470 HAGO 10,1 LMA-3011NMO ('D-0113,00 C0WU*CA7QN$ REPEAHERS 7 Melw, 3' Mast'RolaCage Syern - War,* RolshAbe 95(33S+OaI CD-0114LOO COMMUNICATIONS REPEATERS Adapler, NIVIO to Iy1pe N femle with 12" cable Rolowbe CD -0114,01 . . . . . ...... . ........ COWAUNIC,AT")NIS FlIEPEATERS Universal Antenna MOUnt Polawbe SK11,800-000' CO -0114,02 (,C)MMUNIICATIONS REPEAl"ERS Repealer, Robdt,'144odeimIpablf- Of COM)Ej'c'fing OR CISCO '.;ee BeIm ct'J I)l 15 00 COIMAUNECXTQNS - REPEA I L.RS CISCO tSR 4221 SEf,,f3UNDLr VJI VH Sk,C' LIG c" I , G o JISR422SELO(9 Cf.D,0+115.01 C) N S N COMMUNIIGATIONS REPEATERS 1,WLN SUPP 8X5XNBD CtSCO ISIR 4K11 U (6() MONTH% C I S("4 ISR4221S CID -01 15,02 COMMUNI)CATIJONS REPEATERS APPX L K-,ENSE FOR CIqC0 ISR 4220 SE.�RIES Ic, I S (", 0 SL -4220 -APP -1<9 a 2�11-A:p p F's", CD -1011503 C0MPAUNg(,'A11(.)tI HE,PFATFF:�S SE 'URl Y Lr('A--NSE FOR CISCO ISR 4220 SERIES C."ISCO 2_ Sl 4C 20 SEC,K9 4: " �� 'FC� C13")-ol 15 04 COMMUWANONS REPEk[ERS IF IBASE LICENSE FOR. (;ISCO JSR 4220 $ERILS CISCO St. 422C-tP8,K9 CD -071 15 05 (',0b4MI,HGA-rK)N$ REPEATERS 2, PDRI SERIAL WAN IN EWrACF� CARD CISCO N1 M -2 t CDoi t5-06 C(IMIA�HNIGATIIONS REPEATERS I, im AC, POWF R SUPPLY FOR C9SCO JSlk 4220 CISCO PWR-4220,AC: CID -0 I is 07 11 R E P E AT E., W, A(�� POWE'R IX R�) NOR -I t -I AMERICA), C - I 3, NFAIA 5 1' 5P, 2, 1 PA CISCO CAB -AG CD 0115 OB - C01MMUNl(W IONS REPE"ATERS UNIVERSAL CISCO - YSR4NtrjUKD 16B CD -01 If, 00 C01MMUNICA1 K)NS I E RS ;CA7 6 L I F AI)VANCED NIM F OR IF UROPE AND NNRT1H AIPIEFUC'A Cisco INW-l. - � IEA EA CD 0115,10 COMM UNICA-1I()NS REPEAHERS F W S9PAMI CWNG LOAD FOR 7455 VERI ZON G61(.10 F -7 4 5, 5 - I, r, U:.: vz, CD -011 15, � t t'.'0tA1PIUNICA'r IONS REPEATERS UNIT ANT EINNA EX f ENSION f3A,'A' d 10 F DO f CABILE SINGLE Cisco 4G AE010 R Crj-01 15 t2 INCLUDED) FW CONTMIUNdUA T UPIR5 RIEPEATERS I TE /kfTl I(,'UI,A FIN(3 DIPOLE AN] r NNA 69& 960,144 B 15 � 1, 1 �'") 2(390 (;1SGD LTE, E,AN'T M,11 I E� A CD -01'I513 . . ........ . $:S26tv$-RJ45, COMMUNIICA I IONS REPEATFR$ Uible, RJ45 Jo Smabt Serial, '10 FEET CISU'.) 1d0WV248L-10FT CD,01 15, 4 COMPAUNI(WDONS REPEATERS F VV Switchnig For MC7354 IA01i Car"m With AmorkAi,Venzon - - - - FVV-MC7354M LIE -VZ CD 01'15,15� -.- . ..... . .............. -- COMMUNK',A11ONS _ ITE PEAT - - - - - ---- ------ --------------- fAuffiband Low Proffle &%x'er :wtdvboir' 4G Ardenir)a ------- CISCO AN14G SIR C)Uj", FNC CD 01 15.116 CC�IIAML)NICAWNS REPEATERS CaMe, R$-232, DIX 1: emWe to Sniarl Seflal, 10 FEET (NSCO CAB SS-232FC' CDV 1517 COMMUNICATIJONS REPEXtERS ACPoweu Cord Nodh Amedca CAB- C2 ftp: 10115 18 COMMUNICATIONS REPEAIL.�H:S 2 21)BI/2 44>11dZ,5 ODSJ,15nt dZ 11)(jaHmd Dipole Antennn CISCO AIR ANTIM2050f)-R CD 0 115 19 COMMUNIGAI IONS REPUorERS USC() 80D 40i Unrver sM Cisco S84GU149 15603M (,D-0115,20 C(1MMUNICATI10INS, REPEATERS CabIle, R,145 to Snnarl Sedat, 11) FEE I 10SC0 CAB SS -II Cll)-0115-21 COMMUNICATIONS ACCESSORIES Antenna, nbobille, rnagneft mount, NNIC),with 1114C connecror t'afs"or NWAAMR131AC, CE -0101,00 COMM U N 11 CA1 I �D N S ACU-SSORIE'S Antenna, NPAO thoupfl, AlkBand AnImina Iranexteuml poirWle root We-inra Pvhju' Lavvim NIM0150145CY800CE 010 1 DI li w/ Mag, 1A cmint - COMWJNICATIONS AC(ESSORIE$ Adaptor, E04C to SMA (foi I`Ao(bnount W poriable rrydio� Motorola 51380384G68 c o101 11,2 C()M,MUl,8CAt'I0NS ACCESSORIES Atilearm, PAuffilmnd APX8000 (spare iof AII porlatfle ladi(m) motcmola KTOC'b0026ADI CE -0102,0D (�abki, ccmMat, 50nqffis, vdvt[i connedws (5,0 ohm Im loss cable) (LIAR t,',0Mt,AI)It,flCAH0NS Af,'CESSORNLS "Iq 110f FF '."bqppher ITAR400uf C E10i 03 OD 111400 Ullra�lex't ype - maW cannedom fi'qa15hflr*ed) Head: sets, vMh i w�v� r.,,,avxphng miIcwpt'one�, and mdta nbei face, cable �XTS) 1. XTS� "MI, N52 7SI3 I 1� 1-,',0rAIViLftCA'Tt0NS ACCF S$(L)RIE,$ olla " , ", , ", ". -, �' CF -010'50I) go 598 COM MUNI ACCES1,301RIES Muffirmetei, (voi,[s, ollms, fimps) digitai, with prob" t hAke 117 CE 0106 00 CrDIMMUNK,'ATIONS ACCESSORIES Scanner, pror a ill mable, till band, P25 with Phase H 1runking, DMR, Uruden SDS200 CEG 106 00 pragiparrvinhip table and ^softwale, 12 VDC.,r1 1: 0 VAC capabhlr COMPAUINICADONS ACCIESSORlIFS Software Scanner surel AN: C 536 CE-0108-01 COMMUNICAPIONS A(,,Ci,,. SSOMES Scanner CPS Module Unlderr GPSK CE-0108.02 C01MMUNICAT110INS ACCESSOMES Speaker Externall Uruden BC23A CIE- B.10 03 COMMUNICA'WNS A(,CFSSC)MES AnIenna, Scanner NMO Afitenna Auslin Antenna spectira CE 0108.04 COM IAUNICATIK)INS ACCESSOMES Magnet Muni, 1NM0 w/BING Male connector Inrstaakd 11-amsen NIMMAR1814C CE-0108M C01MMUNICAT*111S AC(DA",.,'SS0R[ES Microphone, Speaker, x rs moo Imokirolla PAIN40,510 c&om)'00 Now Ra6ri, inutfi-switeteii arld poidpherals,w4li l'iJc, speakei assoclaked cablIes ' C OM MUN I QATIIONIS� ACCESSOMES ' colmmunicrifions GE W 10,00 to Inkerface wiff) arypbcabile devices Salrjtk)lnt COMMUNICATIONS i ACCESSORIES l"ar phone ear piocv, dhiparble (erne joef 7'F mern4er for hygriene) ono C800,947 CE�OIMOO TeflevisionMonitoii 19,32" Digital Ready to include all necc'emory cabling Ht' Surly , ONS ACCESSORIES ie HDMI, Video AV inpot, SVGA, eic Panasoirmc, Vivo, mo. C3,0 � 12.00 01, E44UIValeir4l COMMUNICATIONS ACCESSORIES Antenna, I'V wtGoax cak,4e VIAnegard HAO t 30 CE,Dl 12,01 COMMLINI[CAI IONS ACCESSORIES Haftleas, Radio, Chest (For APX) Coaxwler IRCF1,1 Pro 01 00 C'MMUNIGATIONS ACC ES:S01RIES Bag, Wulerp000f, portablo radpos PaMrurola I11-145D8,58 CE41 14,010 V1- 1!0173 C."OrAMUNICATIONS ACCESSORIES Ear phortre. poilable, radlo, rlemcfrvoll Lee, expendable �ear piece Oils, Black F GE-0115M !„',(„S M MU N1 CA1 I () NS A C G L, S S 0 R I I I". S Kit, Proapamming, Radw to include ALL software, haqdware and accesmo6erb Mmorola CE-0116,00 to program all cache communicabons equipmem, lot%Ading parts fisk-W Wow COMIALINICA11ONS AC CE ;Cable, V'9DgV81T11'1lj1'1g, PIDN 3500 loots ela . 30130369E32 .......... ..... ..... CE-0116,01 C0MMU1rJl(,',At1[01N',, At Calble, Pirtorfirrinflog, APX Podable 10olorcla PMKN40128 CE"01) 16 02 COMMUNICAt IONS ACCESSORIE-,5 Cable, Purograrlirning, LJSB, XTL 5000 of APX f05 G4". AI Conkol Howl) Motovoll I1KN6 11 84C CE-01 16,03 COMMUNICAUONS A(,CESSORIES Araetma,XTS� AIPX Portable to BNCiLTUISJ F1UFK',HASE. DEM loololol'13 ... ... .... 58803 8 4 G 6 8 -011700 �Adajxor, PART#, SECONARY MARKETDO NOT WORK VM'llH XT&APX) COMMUNICAHONS ACCESSDlFHE'5 Power Suppdy AlMoOPmemerx �Dm '1N)F X CE-01MDO Etruwalent CDItAMIJNICARONS ACX:1,SSOMES A.Menrul, Base Stallon WIF 118,174MIiz IR F S C'etwave PA1012,0 CIE-01 is 00 ACCESSOIR.1ES Anieniiaa,foigripirAourit,~n,Nr 140-1741WHY motomla RAD4000AIAB CE-01,€4'9.00 CIE-- SAR'CRK Search And Remoue Communic"dorms Response Kis in Ofive CC)MIMUNICATIONS AC(ESSORIES Grtpevl PiWk,,an 169r) Case, and nssociaIed cables and accessories to U,,R 1 500,9392 CE.0121,00 ontellace mth appl i cab I ev, pev Ile t i Pra Is. 10 J N C L UDE? J p E M S 8 E L OW, tCRI Inlerlace, ICRI,rE 5 radio lj'O ports 4 1 11250250 Handle, R) Pe"t sI COMMUNICATIONS ACGESSOME,'�', lebephone UO pult, in em"MronmeWal us'(' W101 mWic)"mmial cmmfer'km�' lCRr 500,028r, CE-01211)i (ijiolud" mjduo buft delays and itIegrated 'AA" hatfery froWfit),1YWIALK SlEc-noitq,,w Orasnda IPelicaan CAse COMULMICAMNS ACCESSORIES Adaptor, Pawer, Sop ply, 115VAC fln,tvne soMcIldrej p0weP SLIPPPY) R."M 32&0446 (X,,012102 Cabte, ExIensron, onvversal, 250ilh reel[ and racho "holdef" dused m COMMUNICAnONS ACCESS()MES, c(,quinctron with my radio wilerlace cable) - with envirann'renial U229 NCpli 179,t5214 CE-0121,03 coilnvctun�" COMMUNICA7 IONS ACCESSORIES HmWsel, 1-1250 IcHl - --I 2800127 OIL 0121,04 COTMAUNK,ATION:r' A(,rES1",01RlE$ Reverse GwWer Kit i I MA elle to Male, I Female W FemWe) 1ClRl 179,6223 CE-01 2 V 05 C01a, interlace., MOTOROLA- PR 1500 W-2000, J1 100(), HT 4000 COMMUNICANOWE', ACCESSORIES tg$�S2000, MTX-6004) MIX-836, W'X 60ft M'S X100, XTS-FA1100 US- 1CM 171). 06 14 CE,01 2'L07 1500,XTS,25100and ei'mminmenIal 4.r"Onnector ( - 'at)W' 4,10orlyace'' MO-TOROLA- Moki-Turho YPR 63OW635W6510655D, (",'OrAMUNK'.'ATIONS AGGESS(WIIES APX (j4)00M'k0Q EM riffs F'Drtkd)le radio inft,,fface cable w4h, enviironlymcmal, I C M 179Z551 GE 0121 08 connector CCC NIMUN11GA310W ACCESSORIES Mosier, Compatible avoroft porUitvlro to tvatch cacheIh�m dein lCRl 17C,9621SPG CIE-0121,09 Adai;Aer, Doweir DC Powef Cable M ( Werl cabal kd) 2 Pin ErtveunMenial C 0 I's MU M CAT 10 NS A(',(,'ESS0RlES Gonnec.tor to BaHery �,.Alps and 2 Pin Emmonumnlall f..',oninwAorto Crgaireft I C R 179,0782 U-0121 to L Ighlef C�OMPAUNWAI [ClNS AG(.�E SS OR IE, S Cable, finIerlark, Mol000ls X'I IM00 mattle Ga Wilh i�'�nlfficrr sense lead & 179 09319 CE 0121 11 I denn", 'Pe,"e, 111"I's (,'0MMUNWATl(.3NS ACCESSORIES Cable, rirftirfam, Aorcrafl 1�,Drtable flcom A,31M) R 1 1719,0829 CF"-0121 12 COMMUMCATIONS ACCESSORIES Clable hitrirfaclq, Molofolla AFIX 7500 (Lrm & Mid I.,ower) Mobile (�aWe wRh lig"nflio'i ICRC 179 0934 C E 012:'1,13 mume Wad & external '7.o oat leads Phone 'paRAY"kil, it I eoch RJ22 advgfti dear BEAN 710 and larld-lirw COIAMUNICAWNS ACClESS(MUS releptlones, I eaiJa RJ22, Io,2 5inun plurt ft'vr ridirim 9505, 1 each JU 224o- �3 ICRI 500,93921, CE,0121, 144 C- t 5mrn plug tor cell phones, i COMPALJNICrATIONS ACGEE,350RIES ffiYi mWorola K I000026A0 CC., 0122,00 AHBfirid r*itahIe radros) W 599 COMMUNICATIONS BAT I ERIE$ Baftery, rechargeabIe, for UHF radio$, highest capacity, IMMI-T Li-lon (For moio�wii NNTN603413 0116101 00 COMMUNIC"Al JOINS SMALL I OOLS YTS Series, RatfioNk PAUST'PLIRCHASE UM TO MAINTAIN lS RATING I -'l' 2,l-650 CF,0102,00 Cora MU NICAITONS POVIE'R Baorliy, QVDCdeep rycle, n(m spfflablo, for repeatem, bww M'fion aind GK,35 C°"( 0 I -1m 0 1, COMMUMCATIONS DAL I E R. 11 E S o)0bile uachos (Mth fteaderl Veronlinals) Q hreaded Torminals are needed) Optima or Luivillam Will' CF -()MM COMMuNiCATIONS POVVEP, SOURCES It studs are not threaded as Rosat-Ito-Thre, ad adalpter Will be needed, PROWN CG -0 104,00 ;,IDMMIOUNIGAT IONS HAT l EMES Deep Cyde Bafflegy Box &hvacd mallne F 27 CF -0105-01 COMMlljKlICAT IONS HATTERIES Deep Cycle Ballery CM)Jes (RED&erra Mmine B(;88523 GF -0105,111 2 COMIMUNICATIONS B A FTE R I E'S Deep Cycle Bgftery $erieVlParallel Cables dBLAO, ,) madile Bf,',8-8533 CIF ,01 0 5 0,4 COMMUNICATIONS BAT I'ETRIES VAr1g1N1JI,VCV 16 fF Supplier 440 (A'-0105-04 COMMUNICATIONS BATUE Rif S M, batlery mabdorm rice, candikonei arrant daplors, 'TO INCLULIE CUPS Cadex C 7 7d', () CI t-01109,00 C 0 M M EU N:4I :(C A1 1! 01 N S SMAT,I, FOO,,S ALL C,'1jRREN1 CACHE RECATIAM)LIKE BATTERfl� S . .. ....... - _L_ a CF 0106 00 COMMUIMIIGATIO4S BA 111 EFRIES Molorola Impues Ballefy Rearder KI (wiffi cable, s0r,,jre, Parr X IlS, APX;, Mloiorola NNTN7392A CF -0107,130 1kPluJNpilAEI'„P Sr. RM'TEIRI -(fm" Od.o (rdligwi t In CA, peocol"n Carp 31115; 1 1"'M 0:1.1 01i11.0 - I COMMUNICATMNS SMALL TO()I,S 06 16 I I I I rw, oo " " ", COMMUNICATIONS SMAL L TOOL S lmpms fielid prograurTimedChmiger reprognarimmig servi" tool lot updaft"q 2lT 172. I COMMUNICATIONS HKI TT�TlJES finirnware f0rX TS and APX Irm&o 0qft ,mrd rnkrifi unC chargers liviost ocent lJOTOWDLA , H C. N I.X371 A I , � 109 00 SMAL L 0011.S 6runwafe 3/2,1320 is V3A I i Wire RB 12 25 CH -0114 01 COMMUNIGATQNS POWER $0URCE"s "vwv;rn- urz�A miv i mvvm, us k..M[Wrs, c APC BN110DM2 0116101 00 COMMUNIC"Al JOINS SMALL I OOLS AVR, 1, CC) hvierface, -'l' 2,l-650 Cora MU NICAITONS POVIE'R Aill Geuerators Adajpws ma in Logmhcs Sf,(ji(aaj GK,35 C°"( 0 I -1m 0 1, M M U N [CAr I ON S ROWER SOURCES ........... Inverlei k*wec, D0AC (801) wall1 Wenvarf(A I YAY6 . ............ . CO -0103 00 COMMuNiCATIONS POVVEP, SOURCES Power strip, surge pvMeormr, 6 owlel, with surgu p(w,ijetu(ijj Wrernold PROWN CG -0 104,00 COM MUNICA] iONS P(ME-,R ',SC)IURCES CoW,extens�oin, 50 Teel, 12 AVVG (3 proirrg, Houserido d type) Coleman Cable 1688 GG,010500 COMMUNICATIONS SMAU,IDOLS Cli(a, alfigalei, assorted keit MCM Electrorks 2I 3315 COMMUNIC"Al JOINS SMALL I OOLS I eadr, I'est, Umver,5W, M MCM Eledrionk"s -'l' 2,l-650 COMPAUCAT")INSShIM17001 S Connoolor Kil, mssornroM rvI ufldevlo�,s connecrois wjjirtl r,�dIjjj)jIjg la�e�s GB Electrrcal GK,35 C I-( Ill 102, 0X2 COWAUNICATIION�; SNIM L TOOLS C4,aw, dilagoaal (","oopel 70ols 5427N 0+0103,00 COMMUMCATIONS SMAL L "T"OOLS C."due Gun, Hot, Arrow I RA 00 MIT W 06,00 COMMUNK..'.Al ONS SPULL I OOLS Glue Gurn, t lol, imcks (12 PH,?, FIACKd l Arrow BAP54 CH -0105,01 CCUMIUMCA1 IONS SMAU 10 0 L S KndeLinem a r 's KW!rj 1,,71°8.:3 7 C I+0 106 010 C011TAMONICA1"IONS SMALL TOOLCS Tcxg, ClaOmnic, Rrqoar kit, mh case or equWanl Jenson j JT K-2001 S C1114- 0107 00 COIA VIUNICATIK."INS SMALL TOOLS Pliers, Gmove Amm, 12" Clharnnedock 440 () 1 oB Im 01)MMUNICA11ONS SMAt 1. TOO] .-$ .......... Plilers, Linernarr's, insulaied (.:;hannM [,.tx.,,k 347 CI t-01109,00 C 0 M M EU N:4I :(C A1 1! 01 N S SMAT,I, FOO,,S Screw dfive�vs, wss arted claitsnm 101,10 01D OMMUMCM KWS CU�'Nt SMALL I O(XS TOIXA , elecifiCtalls, 1`00 �,�Ssoded Cokm, (9 ass, Woo colml, F31.11111 SCOIC1135 C1.11011 1 00 COfAMk)NTCATToNls SMALL TOOLS Tape, eledridarm, foli asserted Gokm, Marck Super M 0:1.1 01i11.0 - I COMMUNICATMNS SMALL TO()I,S Te, Cable, nylarr, Assoirtmeni Fhomas 8 I030r; 90650 -IM -7H 0 1 Q,00 COMMUNICATIONS SMAL L TOOL S I ool box We0mard 2lT 172. C11110 3,00 C 0 PA M UINI (,A1 10 tJS $MALI, TOO L Oue Roll 10AIAIG T'winLead/Red A Bia0al25' Floveemoerx Wile RD -10 25 CT -I 0114,00 SMAL L 0011.S Wirc,, RWIJ 12 AVv(,,, TwIn ILetadl Red & Black M 25' IllowervvWx Wire RB 12 25 CH -0114 01 C 0 M MIJ pICKY I ()lq S SIVIALL "d"0104.5 VAre, Rotl 14 AVA3Twm 1. ,sada IRed & Na(,,jk powerwerx Wife,R844-25 COWMjNrCAT IONS WOALL TOOLS . . ......... Wie 130 16 AVVG1wrn Le,od/ Red & Mack pummerx V4 I e7l- -16-10 CLft 0114.03 COMMUNICATJON',S SMALL TOOLS Wie, Roll IS AW(, TwIn Leadi Red & Black RDWeRldefX Mre,RB,18-50 4-,� T -AQ 114 -T) 4 COMML�NICATIONS SMAJ, I, I OM S Wfe, Roll 20 A0113, (Assorted coki(s) NACM E 1.17�1. 11 Ic.,, X24 1468(1 CH 0114,05 COMM WCA I IOINS SMAII L COOLS Wreud iernetriCr c*mbrrmfion, 6 19fnimL sed Craft 4, r ian 36A205 Clrl-i 0116,00 COMPAUNI(A i IDNS SMALL 10015 -D'all'm I I-Im I 41PI, P3(i CH 0117 aD COMMUNICAI IONS SMAIA 100L$ 1a1,lephone 11-meman's Sol, arnl)Kmd, dMa saf, FkAe 5060 CH -01 18,00 C01,04UNICA-I ()NS SMALL TOOLS Punch,down, tool, lor 6C, and 110 Nooks fYVYW CH -01 19,(70 COMM MUCATIONS CMAC TYX)ILS -1 elephone Linernan's nut drj5)ev UM (can v-,- lo 0120 7� DO In C��M1IAUfJIG'AT1(')N$ SP�ALL'Ga"3K�LS /fidapte kit,RP Standard�P Itlrd.Mnes HILL -4024 CH-GUI D0 t.`CMIOUNI ,' AT`ION$ SMALL. "V'd'BOLS Adanler kit Reverse Polartly CLAD NrN. f;T IrrdwWrref� N.ITA4024 VOrI 4 1.11C1M51 of '.. 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A T 10 0 L S t.Pffinent fni Mi'd 43 25-60ifnfu '10€3 Wa0 B,rd 5CSOA C: H-0174,04 CtSMMUNlflsar4'q"11ON1% SMALL TOOLS 1nNmaG'raentIari Msml43100,2,CYML-lr 1001dAAL Bird d00 CFf,O12405 C OMMMMUNIC IONS SMALL TOL)US iu•lemsnt'tlGF Bird 43 400 1 OOD@+4iW 549 Wall FIrrd 5011.Y Ct,1 0124,05 CCOMPAUINICA1 *NS SMALL TOOLS L S l' lenient ftp Did 43 100-2 rLBPSNRx 5 VAR Birds d'CC C11, 0124 07 �I dCO MMUNicA"rioNs SN+m1,Al,t, T(tCN CS Lllement for Siad 43 40 1itC;tC. Ilw, 5 VWWIIuGt' Rind rt 01,0124,013 COMMUNICATIONS SMALL Al L TC 0L$ Fuse kit, asraranlnnrard 0 tas,e, (tyres AGL11) 1 essco 307604 CIL + 0125 00 P+aIUNICATIONS rSNIdAI.�L Toms P xXde ikit, a ssnmdmetu-0a"el erg fi es (Ryna.: ATO) r."�PnaV&4� ow A70 11Ci•9008 CH 01210,00 I MdIUNNOaA JiLLtNS rP tF L N. 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Iele ho ns 'WART I7uire or nimim q. ukropr l device^ willlq mlegrale rN n".�f'S', 9+ Sa � COMMUNICATIONS ti Y�k1 and servjcR. 4a"JirnrJrav+rd, fwrlrlroi d, or 10S VaaVrrla s sizes may lar p felerred 1'cw Skaca"larsrrcnrs V,rarrs4aa'.v Models C11101 I0.00 NI7; g bW )IRKING based on Gazaylluwmrl re,tlsaood,rair-raja. agency WrnlrP cls fdllo UrE4C Fv9arairn &,.CUMMILINIC,ATION„S Phone Case, ruggvw9Aveathergrurot tensm'rrarlpajlorue&4aablen4s UleIProof Vwndkwsn'ricid l C�9�Cb°ttCA.iAfl r,[ET'WakrlRKINK,',r OVer Firm t ult1U U'T'Traf lilt f7CDd” MUN`CAE 1h;brw S hkS A&1K,lRI Battery, exienw.0 charging, jdar �anlarl gphrnlwro� uhlblem Wnanlok4 nrIg NAauriorm' tivrodel U-G 6 10 02 WN.yNb!I7w"D7.,jN N(�.svi.G (.�Nn!u ER11 IRMIN ,dA "S'.4w':Iti511nRFh�k'� C,C'.I lYr0.ha'k 1aF'Ika f9d.e,b, as .tl RdiYV M1A aM'04M gw; W✓e"OCnwN.l'N a'daY7 ("}k9Ra R.,p•7l lTni.i.,l WU(T WCJIa kCS "4I9Ar1 K' (,17v1IW U f"l" ERI 7 e II e aaa I C;�fDtla4V11CJiCJ9l,f Nit T4"w'&., RKII'w9Cr} C a'e, �Pwuil uwlRia l Butma'J z'asnn. toeat'r"W device, I't,nlfle YVa,�t,'ad'1ai ,7P c r, l"bVW Case Club � 2eaBrCauau r'aurtlr & �AY-C➢1 "Il°d.Ck4 m HAZl`AA1 HAZIMA T HAZIAA1 HAS MAT' HAZIAAr I-tiq-tApa HABOAT HA7MAT HAZDAKI FIAZIMA1 HAZIMAT HAZMAT HA ZMA"I HAZIMA] HAZMA, I' I WMAT HA7MAI HAZMAT HAZMAI HAD,Wr HADIAT HA7MAT HAWAT HAZMAT I iAZPAA RAIDIAl'ION EQUIPME,N] 4'dADIA1 10 `4 EOU I PMFc N I' I!PAMer, SwIvey, RADIATION EOUIPfAt NT ![)elector, IM, Pancake, 0 300 rd Rft I RAI.HAtl()N EQUIPMENT DOWOr, GM, lmlVhr IR,?hr RAENAHON EQUIFIMENT Deredoir, (i1M, I 50rupfilr - 1000R111 RAl'.NA'DON EQUIPMENT SdWftior, Na(TI) Ganurm, I" x 1", (50 KeV,1,5 rAcV) RAIDIA] ION EQUIPMENT Case, Laqje, 22" X 17 X B" R(yDIAA ION EQI l"'WENT Head stit, Lairge RACHAI K)N EUU1PMI'--N t 9icvulder Shap Modification r),eq RADAT*N EQUIPMENT , jnj(.[LWr, Ulfta Radiac PWs Ra dint `40rllioi wIVIbration Almrri� irjclludes audible and visual mamas, RA DIocl ION F;QU1l1F1MEfq7 Softwaie, utrIqy, Ohm RadWc Plus RADIA]'ICX14 EQUWMENT InfraRed RezWer, vqkabW lOrk, betwoen Ulfia Radisc Ploy, and H." RACHAI]ON EQLHIPMENT Check Souirce, CaRmatiorr Dr.wk;a, Ultra Ra diac Plus RADIATION EQUIPMEN �' AdapIer, , RS -232 I o USIB, EXT IR RADA'WiN EQUIPMENT Soflwme, Tirajniriy), Interactive, Canberra 14400 Radiac Mim.,, RADIA HOIN EQUIPMLN I' Radwaldi OptIcally SlOwlaled RADIATION EQUIPMENT Standard R&Wght Readet gOpttonal Purchase) Namakader ZI-C Isotope Identifier cokx DiNplay, 3 C"VoTe F,)ewdors, Digmil RAIDIAT ION EQUIPMEN F SignW Prtw"essing Hec3lorks, VO -Al Server, Dfi1Aeq(xAh, US6 rUapablle, Readiback 4.minabilftv Waccessones and carrvino case HAZWEmeqqenq RDK Host Coi drolter min GPS hirn key PwRAE Rearde package Tsai military Restxm��e GuWe, IDOT, Current Vemmn 11-13 01 () 1, G I Sk)PIPQRT HB -0101,02 grade, case Including Iaptop, RACUnk,11II Modem, 12'anterma cablo, and in HAZIVAI WdUrn Nlodd # 133,2, HADAA� DlrECTrON case chwging, to monftur Lq.r to 32 wirell"s ddeclors. Task Fomes may opt RAE.,.' SysIvrns GVI-S4911 000 KA 0$22,00 fVVjAAT fo purchase ifenm A La Caare buf osusf mew RAE 0,vardian NIOSI-1 Hazmal flocW ("iude 15000 000 SUPPORI 15100W-& 100 21q-111,11111-15 MtSC. RADVIA1 - HAZMAT DETEC f WIN RaeLWP,3 Me-fll Modern System RAE Systerns, GX029 0695 ODD RXW2100 r14 TEC T1 0114 r;raffle Starter Kit, Auto RAE 11, IPwlupti,Rae IPro Plrki.0 Garrfiollw RAE SyMems CXT02-CIIG1-00,0 RA -0123,I) i E�l t0N DadW, Md1flonall, Anto RAE H MwIh,IR ae Pro RAE Symejus GXI-02-0103 DO HA,0123.02 DETEC'11(.)N Regulator, Demand Flow, AuIoRae 11 RAE 2,;y Sterns, GX002-3051-000 HA -0123 03 DET ECT ION RPgUilafor Dejnav1dI:4owAuWRae1l RAE Syswns 01"X0 08-3052 GDO HA,10123,04 DIE. I EC.;TION rAIW00r, - CherTI]CM Agwil t -(.,D 3 3 CWA Fmd TW I)ewrtou wh',asa and accflssonerl SimAh's Detedron 23-602 B tA D124,00 Monitor, Aftnospheric, Portable, Nguiry Operawd, KO, rnwritors LEL02, Mulfikae Pro GXMICB& DEI ECT [ON CO3H2S, PID Sensor MAL) Comptele, [d➢ include (,ase, accessones, PmRae RAE Syme n AXI ROL.-420 HA -10125,00 Guavidian Licerso Df N EC"'' W1 0 N External Hiler/Waleo Traps, 5 Gam Mondor I 010tbag RAE Systems 008,3022,100, HA. 10 92,5 03 DE1 EC 11ON C',ahbrafimr Kit, for t0ukj-1Rtw, Pro nionOorq, comp[etL w/cahbration gamz, , - - - I RAE Syslpryks Mullfi-Rae Pro Cal KU HA -0 126 CA RAIDIAl'ION EQUIPME,N] 4'dADIA1 10 `4 EOU I PMFc N I' I!PAMer, SwIvey, RADIATION EOUIPfAt NT ![)elector, IM, Pancake, 0 300 rd Rft I RAI.HAtl()N EQUIPMENT DOWOr, GM, lmlVhr IR,?hr RAENAHON EQUIFIMENT Deredoir, (i1M, I 50rupfilr - 1000R111 RAl'.NA'DON EQUIPMENT SdWftior, Na(TI) Ganurm, I" x 1", (50 KeV,1,5 rAcV) RAIDIA] ION EQUIPMENT Case, Laqje, 22" X 17 X B" R(yDIAA ION EQI l"'WENT Head stit, Lairge RACHAI K)N EUU1PMI'--N t 9icvulder Shap Modification r),eq RADAT*N EQUIPMENT , jnj(.[LWr, Ulfta Radiac PWs Ra dint `40rllioi wIVIbration Almrri� irjclludes audible and visual mamas, RA DIocl ION F;QU1l1F1MEfq7 Softwaie, utrIqy, Ohm RadWc Plus RADIA]'ICX14 EQUWMENT InfraRed RezWer, vqkabW lOrk, betwoen Ulfia Radisc Ploy, and H." RACHAI]ON EQLHIPMENT Check Souirce, CaRmatiorr Dr.wk;a, Ultra Ra diac Plus RADIATION EQUIPMEN �' AdapIer, , RS -232 I o USIB, EXT IR RADA'WiN EQUIPMENT Soflwme, Tirajniriy), Interactive, Canberra 14400 Radiac Mim.,, RADIA HOIN EQUIPMLN I' Radwaldi OptIcally SlOwlaled RADIATION EQUIPMENT Standard R&Wght Readet gOpttonal Purchase) Namakader ZI-C Isotope Identifier cokx DiNplay, 3 C"VoTe F,)ewdors, Digmil RAIDIAT ION EQUIPMEN F SignW Prtw"essing Hec3lorks, VO -Al Server, Dfi1Aeq(xAh, US6 rUapablle, Readiback 4.minabilftv Waccessones and carrvino case HAZWEmeqqenq IIS -01101 09 Restxm��e GuWe, IDOT, Current Vemmn 11-13 01 () 1, G I Sk)PIPQRT HB -0101,02 Part # 47,151,9 HAZIVAI WdUrn Nlodd # 133,2, HADAA� Part #47-1717 14f: PA Guide to HmArdows, IOMeuials Lurdluirn Morld # 133-8, SUPPOIR7 PGirl' 47-1226 fVVjAAT re SCII HADOAT NIOSI-1 Hazmal flocW ("iude 15000 000 SUPPORI 15100W-& 100 IIB -01 1&01 MtSC. RADVIA1 HAZMAT I ape, markmg, red, "HavvW" ImPdrAed, r4a,t SUVIPOR I- MISC, I IA,�MAT HAZMAT Ell moy syWem, for lAutomla Xf 55000 9 land Held Porlal* Radios SUPPOR I 43 easurevrKmIs Inc Mlurn 4m a IN D01, I x113 CI I E1'1 00 Ordlurt'Model # 224 R,3 IIS -01101 09 P art# 48.2W4 11-13 01 () 1, G I Ludkirrif ModO # 44-9, HB -0101,02 Part # 47,151,9 HS, 01"N 7, 00 WdUrn Nlodd # 133,2, HB -0117 01 Part #47-1717 HB -0101 03 Lurdluirn Morld # 133-8, HB 0117, 03 PGirl' 47-1226 H8,01W,()4 Ludhow, Pdoctel # 44,2, Pad * 47 mflummm LmOkon Part # 47,1343 IIS -01101 09 Lurkln,a PoO # 4 'W3 413 HS -0101, 10 Uhra Rwfia,c Plus HS, 01"N 7, 00 S900C HB -0117 01 WxIR IN.3-CML ,02 FC2B HB 0117, 03 PS21US1.4 1,18-0117 04 WAD1EN H13,0117 05 15000 000 1-113,01 Hi 00 15100W-& 100 IIB -01 1&01 Nano Rwder ZH 11 W-011, 19,00 NFIPA NIOSH 017-03.24 00500-1 Hargis Ind, BT53 si"'all 805262 -CA C, rmrnpany 0100 HC 0102DO HC,0103 W HC,0104.00 HG10 I Gi."rDD 604 mm 605 PERSONAL 1AYMAT PROTEC I I VE Ghve, Won it 12 not 12", sizes to be dele(rnkred by lask forces Sem Glove 892 Hr) -01 1000 EOUIPMENT PERSONAL HAZIMAJ PRO'TE(JUVE Guve' Lught Goilon, h"neir, un hernmed sizes to be delemmed by Isisk PIP EWIPMENT foo Wnufadu re 0Ve ridoi 97 500/14 HE) -01 13.00 PERSONAL IJIIROTECTIVE,:' GOW', Leather, Size 10 be 0'Jeradrudl by tHsk forces Kurrz 913Clasm Zero 11[,q 01"16 010 EQUIPMEENT Protedol 1RSOINAl. HAZMAJ PRO I EC TIVE Glove, Nittile, Lfifirnare N-I)EX, exam, pundwe resiMmint, 50 box, 11", 5 mil, T— Powdeq free, $J?,e 10 be de,termined by fask, drnxs Best Geve Wory HE) -0 9 00 EQUIPNIENT FIERSONAL HILAZIMAT PRO I FC',1 IVE Bool, (.,BRN irfI OverUrAol, fgtzes I -G, XI G, 2XI..(;) Airboss MAIL Ct 7H 101 11 EQLAPIAENT 2305 71 AD I ... ............. PERSONAL . ........... ............ . . . . ... . .... -- ----............. . . . HAZMAr PROTECTIVE boot, C BRIN (W, es p ei[ I ask F m ce lIngley 82330 H 110 123, C* EQUIPMENT PERSONAE HA ZMAT PROTECTIVE Covex'all, 1001 Colton. Navy, slaves rretemrried by larYs ,"k four Weiv'Guard $14, Navy t, Ill -0I1 26, 00 LQUIlPMENT f lAZMA'T PROI FICTUE, SCBA,, Scott Aim Pak Y-3,21 Sc(MI X321-614020001 fm - 0120.10() EQUIPMENI Company PERSONAL H)V,MAT PRo rEcEm- Cylindei Tedmologies, 804723-01 10-0131 00 EQUIPMENT Comparry P F 13 5 C, NTT HAZIMAT PROl I "APIR, Scoll 9420 Prus wAlb 36" hose SeW lechnolouves, 20W.n3,36 IQWPWNT PERSONAL FU%Z,MA'rHatkery 1-11R() � ECI JVE Pack, Assembty, PAPR, flomposalrfe, 10 hcjur capaoty, with 10 yeaw ScWl Techridogle s, EQUIPMENI —FIF $heff ijfe� Compa f.K.6358, 0 1 HID -0134 00 _RSONAl HAZMAT 11' RO T E C1 I VIE Gharget, fou FIAPR oechargealtite baRefles Scoft Technologies, 2007034)l 1-0,0135 00 EQ1„PIPMEN1 Comparly PERSONAL tAZfAAT" PROTECTII'VE Pry Batlery Pack Ak,sernbly, PARR, Chspo,4W)fe, 3 bour capk.Kity, ffn I'mining Sceft I echnOogies' 3f001504 HD •0136,010 EQUEPMEN'r Company PIERSONAL HAZIMAY PR 07 E C T I VE Cadhdge, CBRN CAP I Cammi Scoo Techrio0gies, 45135 1,10 (.'it 38 00 EQfjIPlAENT Company AI"F FROTEC f IVE", I� Tesler, PodI C 00 fit Plus Respi I al or ipurchase m nPhn um of I and Optional Purchase to a maximum of 3�f TSI larorporMed 8030 H) -o 1" 00 EQUiDPAIENT 9'E �S 0 �, 4 A i iAZ l -MAT ,,F F I R 011 CIT IVE A Adapler, Mask Saniphog, for Scott AV3(100 $tire SerM sum reciI 805622,0E E11T.51p�iO4Y '' r 11, Company _01-111"L f MAZMA F PROT'ECTIVE Adapter, (Pranfilalkve fl rl Eesl Bayrred F d1ing 31Vi 60E 11 D .014 5 01 EQUI1'pAIEN1 PERSONAL . . ............ 3A2. MAE P ROT IF C I I VE CriAndge, ResfcvWol, P I (A), 00R poda counl� Wcase SCoU TeidindN�es, 7422-1-1f"l HII E1TLJ111MENT Compally HA;�PAAI PERSONAL PROTECTTVE Face Piecp- AV3000 Sure Soo w)XevII I Ie rd Harness, uzes d0ermined by Scoll 805773 81 (sm) task, fol ce q Company 80577,3 82 (merl) 10-0147 00 EQUIPMENT B05 I 9� 93 hg) PERSONAL HAZMAE PROTECTIVE Adapter, CarWdge, for AV300r) Face pIiece 41/4 Uri adaprei) WA Scoll AV 632 1-11),GMB 00 EO, UIPMENE PERSONAL .......... . . HAZIAA E PRO r1E C P VE Cap'rleq, Sorff Facepece/APIR, 1w AV3000 Swe Seal face piece Scott leebridogies, W011882 HE) W4901 I EQUIlPMEN1 Company 1'r R 50 fqA7— IiA7MAT PRO TEC E IVIL Bwul coveR s, disposable (Wex, sdimr shiWds or equit' alerd), pair iquilh A352 HIL.1-GI150,00 QUIP —",Ill PERSONAL I IA71EIAI 1"'ROTECIIV9, Coveralls, plamr (Tyvek, Sarar)ex or equlvaleiil) KatilAet Z'lS412 HD- 0 151 00 EQUIPMIENI — f —I, PIER:$0NAIll, . . . . . .............. H",,00XI �1 Gloves, disposable tPn)oj I'm Touch or equwalleno BmA Grove 5011 H[),0154,DD EOEAPMENt' E- R, S 0 NAt flAZMAT PRO E EC'f IVE SuIrt Zyfirm 300 1, evell B, Non Fncapqulated, Sizes deleprin0ed by WMM forceg C Wg Cas, 111'- 1 1 ", Kapf,ler Z3H426 011, EQUIPMEN't 1 -1111-011116 mm 605 m 'ERSONAl. Sud, Zyfren 400 [..ever B, EnurpsulafirI,d, SIIzes ch.,",Jei mined by k forces 6 tas HAnim PRO YE CTIVE Kapplor Z41 1571 IIID -0150.00 EQUPMEN per case ladIrml Rescue Surl, Fire Ser0ce versdor (Apment and GILI offerfing prolection to inuirple hazards, Desrgire%J and coafliI lo ri'leut NFPA 1994 level 2 and NFPA 19S2, 1fris gorilferif as Cop"Mirucled usiII V,J L (""ore's CUIM20 FII PERSONAL Chemitalk Utralhairriet, Usirig a Nao Noinex rculer layer wflh Scotcfifite HADAA1 PROTE CA IVIS Refledive 't i inr for visobifity. Must be certified for Lae with ffie:scotl AV3000 Lion Apparel of Vitsewn Cirl qllovos' lAD-0162,01D LOUIPMEN't facepieu, Bools not included P ft )n�Wkirg ri fLg sy,'Lon' pj(L�L_ 2 Blnuer I �Z!94 20 voidetarhable ,L _ — — slandardimflon for hakLOIUAkd It -LL "rask F orce option to have gloves pre-a'U'ChedL I ask Foo,(m musl purilcha$e "IPPporiII and uqsode% for glove alorrichment III garrrvent is purchised willhour gloves frarrimg Gafroreiri, Tadical Rescue Surt Scenario skrinflafion purpose, rid dlemicat Or llame LI N07 N6 PA COMPHANI , usirrig 1000 dqmflei PERSONAL urethane ("crite'd VAR) altadve(l GOO derireIr corduvo Lx',w1Ws, wfth Or mlhout L ion Appar�,,fl, or H,V NTAT PROT E CT I V E. , (,Ml RIN 70, of'FIR9420 HD -0163.00 ir 0 U F1 10 F N T fAkwes atoiAedRP air , OL&I Bra u em Upruing flngjpMqa se. Glowes and aHachmerit ping far haining surt, if 'T cf4 sir ed, I irremed to be pr cirared qerrarrarcdy PIEWSONAIL L.OnAppaW ou 1 31315010 Mauer HAZWAT PROTE.CTIVE Bog, EquipmeM, factrx Multi Compadrriernl, CLordurei, Black kfaueu Model 140,0164 ,00 EOUIPMENII 11 PER$('trJAL I 1,00ANY PROTECTIVE Adapter, 40rnrui, CBR'N for AVVOO Srue Se,,,O face lahecu, ScolIt I I20IIW23,0 i HD,DlfW,00 EQUIPMENT Company TAE RSOI!4Alr, Scdit Tethrx4ogies, HAVAA I Fi- FIRO-I EC FJVl Brac*el,EPIC Radjocommurrudom rorAV3000 Sure SeWlace pie Ce 200715 -0 HID-D1670) EQUIPMENT Company RSONAL N95 or KN95, Size Ireir WVWAt PR101 ECI IVE Mask, N96, NIOSH Approved, w10 refief valve Per I r Su lapfier HID -0169,00 EQUIPMENT pp' PEPSOIJ,4AIL iA7PAA1r FIR10TECTIVIE Cartridge 1 F ore r" Pep"rlrMoi, P100 11 r3m— Vag 1por 3m 60926 HID -0170.f, 0 EQUtIMENT ��//�/ w I OuJAA1 Al" A DECON T'AlAINKrION Lotion, RSDL, Reacrive Skin Dw=tarnlnation packeis, Wfibox EZEM F5406B HF,0101.00 4i fa ED F �C () NI APA �N AT I ON NIL parkAiiindp,,ar8Sfelqtiiied,'10yi sheffffe Fasl [Are Pa1 A & Part D HF -0103,00 I DECONtAkIINATION SOIIIADR, Dratilgferl PaO A, 5 gJaHOUr 1 10 V' sheIll file Fust Line .. . ...................... . .... Pmrl A HF10103 Or HAVIAT [TCONIAPAINAT10119 'SrSolhg�rrn, Dohigren Part B, 22 oz, contaioei, 10 yr sh0f life F: IR S1 L. i lie Part 8 HF -0103 02 HADI DECON1 AMINA7 LOO 4f for Merlin CAF Cmi System, SaII 00fivery System Complate, II ex4mlal InIellet.jard 46191601 0RI-), HIF 0105,00 air 6�owce, rquvJ dtaffing caprarmMy porrs, aird tozzkrs HADAAT DECOWAMINADON Wp(a�, Frb(Wfect, ('IW2� Poly, case, 50 VApe,, pei cvi�,,e id � -0114 00 I fAZW 1' DE� CON rAMINAT ION lw,, piI Alcohoi, 70%, wipes or I tup ILD 4 gar, Par TF Supplier HIF .0115 00 s� lq� H4214XT DECON1 APAINA"ION I Tent, KD )(moilry, Wx a'w/side paire[Sr r..Aorage tiag, and sialke kill: KID Kanqy Majestic 200, AAF 2000, 1 p3V0I CC Shirowei. Hurriat, Siairriesis Ste(A 7vIcscrnb4y, 1 V2" leorrik,,, r1'let, 1'4SI'r lilrm I Equipirrmail HAJ,MAT C1FCQN1A1aE'III GPM rrvnles mrie irresh wairm inlet strieen, 1 200 psi (IwOgrif 44 lbs f,lanaLMmeril BAC H"WAt 12A 04 00 smgle 0 e thal Carl expand ("arriparly for Mon C Dac.Stromm, msl0ed of I.Tase, cit' Valve Asserrittly, 21rd sludolf, E V.quipmeril HADW CEC�ONTAMINATION ManagII I W.A(;D 1 12C f-IG101105,0) homm Cranijoariy Deckmg pl:,-fle, F Lodable base, afqnoxirnm" 39" in Lelro�lir ' Equipment HAVAAr DECCAVAI'AINA rK')N Mariagemet" I MC,I 1 2F HG 0106,00 I WWI 3 11072reg extension pipe lCompany r,quiprnerl HAAAA1' rJECON1 AMINA111CM1 I.-Kiension PrIPE',, 3 ShOWef 1102Z[eg heards, 1 4, (,IPTYT How EMC; FEMA 11 2F 1 IG 0107 (f Company E`Aensim, P€pe, I sho"AMI 11OZA-9 heads, C.4 GPM, now, CIMC, 18" apprux. Equrbirkeirif HAZfAAT [AFG100141 A11MAINAl LON Management C. M Cr, FE NI A, I 12B HIG 0108,010 I for Iwo larre decon operatxmns Company Spare Part Kd EMIC Shovx.,Ii, Includes, 1-hignp coulpfing Orke end cap one Equipmeril HAIM ZKI IDECON1 AMINAI'10N stofe nozzW, two ro Rings foi hloged p(mils, cine I madeupia sW and one Manaperneira EMC F F tAA.PK HIG 0109,00 plarforin latch assernisly Company HAZMAr C)ECW41 rAMINA'110N II . Hammll 1.S" NSI FeirWe to 314" (Garden II Male Kochelk Company 40H15FGG HG•0110 00 HAZrAA1 DF(r.,r0NrAMINAVK.)N Shmef Sy', eirn WII Strelleir WSID, I Shower HG 01 Un It m HAZIOAT DECONIAMINAT110N II Sun4� Waste WWec, 14 GPM, Swe Cleaii, ACSI 380wails, Garden Advanced SP H1 HG- 0 � 12 �00 Hose C'onnec'fion 0>10ainmeirit HAZIMAI DFCONTANAINA1 JON Tent, Decon he t V W X1 26'L, desed tan, mcludes one spate paift kJl I mmedizde' Reqn.,me A115 N7�1t&l S IJ3-UZA0,13,NZ-C9)&0 [R HG-01 13,00 and 3 hamJ heid noudes, aod b�jMns, I`VP Techr'ROowea W, IAA r D1L(',0N1AMlNA1 f0N Fkow I x 24" base unft, encludes V2" elevahrwi feet F-F� 24 48 2449 HG 0 1 15�00 Techric0gies HAZIMAI DECONIAWINAItON l3wim, Gorriziinmeni, 8'x 16' X 12", Reevf,,s, Reeves SECTION , OWS 12 100 Nor HAZ,PAAT DECONJ ARINA r ION Purnp, Sump/Ufifily, 11,806-GfIli-i, Rtde, Atitomabc, 24" unit wird, 1 TO Voll, 100 Rule A53$ 24 HG- 0 118,00 wafls 175,-oi HAZ MAT DIEC'OINTAMIINATION Base, for Sump Pump Rule Model 290 iq w HAZMAT AIMINtl01`q CIECONIAT IiAealw, Wateu, Multi Well, 500,000R31 'I IJ o injectIon symern lmrned[M e Respionsor3Tl -T=G HG fil 290 0,e(finolcgics T I IAZMAI DE(.ORTAMINAI 1ON Fuel Crip Corutecters, MI'T actapter Scepter 74V15V7 - 11G-01 2 N 00 HA,7MA1 DEC'ONTAMINATION Healer, Forced �4 Healw, FreM) Aju Space, QW041eat MuM fuel, wMefivery lumediate Reqpwso Al 00- 15 �ilI Id G, 0122 00 ducting 20' reamoIic HA7,M)VI I tAMINAI tON Stretcher, Raveri, Hier Reeves SEG Tl(.)N R, DS0002 H G-0 2SN) Inc HAZUA1 DIF C ON T AN11 NAI'l 0 19 Wwal Set, Ravesw n, olid hefJ Reeves SECTION RDS000 3 - I-- Inc " I-11N11111 DECONWNNAPON GMed Wye I I r."' Io '1F2"' Elkhart B 100,LA I-iG-0125,00 HAZMA I DECONTAMI114A I ION AdapIler, Double Male, 1 112" NH, to 1 112" INK Light WeRght Koc;helk Compar'aV 31684151 5 FIG-0126 DO HAZMAr DECOWAMIINATION Adapter, Double Female, 1 112' NH, to 1 V2" NH Light VvOgfn KrK..'hek Cornpany 35RI515 AG-0127,0D HA21MAI F)ECONIANMr4ATII,'44 HosWatw, heay v[)uty fighl weiglhI!, 3A" x 50'mlh Om'den hose fidj"gs. Neidner '2475ROCLVII PIIG,012�,00 yfiae, do Lal wri lwise wash HAZl`AAT DECOWAMINAI'1014 Mardf0d, Water, 0, 1 112 # x 14" x 6 MAl1J,'I,tA:XVVA HG•0130,00 HAVAXT 1)[70WIANUNATIC)IN WnflAd, Water Disti aulRon Ftydranl K0, Weslein Sheftei Wesiern SheIlel WS-4sV40 -1(3-0131 00 HAZMAT DECONI'AWNATION Hose, Ughtweoht, 1 112", single jackel, 2W psi rated, NST t hifead, nale anid FREOUIP Fife Hose S.,H5Vffi . . ..... ................. . . 14-1G2 00 femaW oormecilorm, 51, 1". �' 110 " HAZMAI DE C0 NTAM I NAI p Ot,4 -u. Hose,, Lightweight, 1 1/2" shgle jackol, 250 psi rated, INS] I luead, male a ud F IREQUIP F wre Hose G J1 I 5WA rari iale conriWws, I a tod it)rig AZMAT DECONTAMINATION Hw"e' ljuhtweigM 1single jacko, 250 jisq rwed, INS G Piread, male arud '35 RREQUIP Rm R lose - - - -- -------- - - S,l 15VA3 HGO134rOU ielnale Ion HAZMAT [)E'CC)NTAl)AlNA7 K)N Nmzle, 1 142" Ad�iuwliVe f og(StwanV,,3hUfLDH P0iycW'b0r1al0 B cksEquipmeni 15INS'l HG,0135.00 l'•lA2. M AT DE(,,'0l`q I AMINA"NON Light, I`Wwesceni, 41) wah tube two pkq, siarges, all wvmher' I'Viernal trillasl 1mrnedkale ke5pom.w LF-4-1 0138,00 IT cold mput 'T card oulpW Techmflogies HAZIMAT IZIECONTAMIINArION Madder, VdaMe, Storagtj, 150()G XR 5 WlBarg lnrunedWe lResponse, W1,3B- �,)OO-G HG-0139,00 Tcclhmolowes f IAZMAT ... . .. .. ................ . DII"CONTAIVIIINKNON Cord, 11.x1ensionOuldc,00 use, EleciA ical 20 AMP 12gauge, 1 GChfcloi 5-- UIr'son Saleiy ............... 15121"(312%) 1 4(",(14 0 00 20R)5-201P NE JAContrq, Peirrw-Grfl) Slyler Color Yellow EW(Ahcal sper"lalist HAZIMA't DIE(, X)NI AMiNATION Cord, Exiertslon, Outdoor use, Ellecifical, 20 AMP i2gai(gAAt,50loul'5 Encson $afety 15�2FIG 121A HG 0141 00 20R)5,20P NEMA Config, I'lerma-Giij) Siyie, �Golor Yellow [�.Iedrical S.wrRalisl HAZIMAT 7..'CO4TA1INA1 ION Outlel, IAullIpIler rlorlisWe GF l�, 4 aul[W, rafir�,U, �20 AMP, 120 Volt, 2 dupIex, 5- Ericson SaWy 1 W52 20R NEMAvofth 6 laut cord, Yellow SpecialjM .A FIG-0142,00 t I 61WAT E.) EC 0 N T ARdl NPATI 0 N . .. .. .- -- Buctwt, Pliaghc, 5 gallllcyn, red foir decon US Plastics 2283 FI143,00 G-0 A HA ONIAIA.I DECM N ION SheeOng, Plaslic, 6 md, 20"fO4-4 X 100'ie6tr ("'Jear I7Y7,, -memic 620 c pWy Pro HS-01441 ) HAZMA11- DR.,',ONTAIMINA1 I awpl, WypaH, Pirof"siunat, DRY-UP 19.5" x 42, 200/case KimWly-ClIark 05860KRA HG,0145,00,1 HAZMAT DE(30NI AMINA-1 1()N Bag, Fiastic, Lat9e, Heavy Duty, YeHOW, l W II Bag, 33"' x 60', (5. rural 2A per Lati SaWy 7-912 VtG-0l46,()C) HAZIOAT E)ECONTAPAINAlION Brush Scrub, lftIte nylw hisile, fm Decoir Justiman Brush LInternationall 1420 HG-0147-00 flAZIMAT DECONTANUNATIJON Chair Collapsiblle, I ravel CII DWUXBr r'6 BOCkr 1441"ba B'Ue riavel ChaWltlir 7139 HGA) 14 8 00 HA2MAT DECON 1APAINAT110N Bag Disposablo, Hazardous Wmie, 3 100 FeR box Plastic: (,I,, PR,413043 111CT014Ca.4;0 H/47,MAT DECONTAMINATION ComwNnaflon, ReducAion Kit, each Kit corw.Ins 11uo ioilcwojjq jteqTus: H G -0 150 00 G,me, 37 18"x2 Airtighl case to 4wJude pfesswe Wwl vHIve 6 . . ........... . 1 V1,7M A1,11, DE CON fAMINAIDON II G2 on eai�,h ""WOr 1 011 em"rh end), lunged cove q hylst type tfle0zmc Flardlog All'.34TU-1005 0041V "I iAG"0150 01 plated latches mounted Rin ecessed areas, c'olov As Specified per )1 ask HA7MAI DECONTAMINAI ION Pund), SurnplUidily, 1,800 GPIH, IAVe, Automabc, 24'R.jW uwd, 110 Vf,'m' IM) RuIe Ai"r,3S-24 fG, If) 1510,02 veatts HA7-KIA I DIE CO IN I AM IN A P 10 N Flressnre Wd$IMIF, elrmtrk1400 spr Kai cfm K2 56 HG-01%05 RAZMA-T DE"CONTANIINAT ON Sprayer, flump, 2-3 pplldrrnsize . . ....... ....... Heudserc 90162 HA ZMAT DE C 0 N I AM I N AT I ON Cord, Exlension Ow&,wr voe, EltectricM, 20 AMP12 gaoge, 50 1w, 6- VRf,",-2W Eiricmm Sareiy .. . .............. 11 512FIG123A 1-0 05 NLAAA Confip Pennui Gqil,) I.Ayle, Coloq Yclbw jElec4ical Specialisl ' -10 m 11-TIYA . . I,IAZM A I' ...... . . . ............... . . DITCON [AMI NAT [ON . Nozzle, Gardeu floie . . ..... Orbit Sunmate 91,155 t IG 1 0150, Of, LOGISTIC'S DECONTAMINATION Me Con:neclion, Gaideri Hose NoIscm 5033'1,0 H('3 10 ISO 07 - l IAZMAT DECU',J TAMMAI-01N en I lose , x 25 Feet (4",n 10 Seitofii 8 Ply F texog34 n0i GImour 10-34025 . . . ........ Tl Ga 1 50041 � ........... . HAOAM' DECONTAMINATION Wush, scxub, plastic 20' Handle Weileir 44418 1 IG- 0150,09 14A2MAr DECONFAMINATION SWNple Green Snap Sfinple Gfeen 13005 fic"0150,10 1,11AZMAI DECONIAMINAIJON HuCkol' Mask, 5 gallon US Plastics 2286 HG -0150 11 - ... . ...... kW -MAI : DECONTAMINA TION ftearil, Pipe118 Inch I insky f`wif18 HG -0150,12 Indudc d in CL I-I'l $00 LC, 0111,03 Wple, Pollable GFI 4 oulfW, patinq, 20 AIM, 120 \lot[, TimWx, 5, 0 ffel'Mkill� -1 Ehcswn SefeIty 1062-A 50, I3 �irroaslal, Contwl =bHC1NTAMINA'Fi0N 21R NE II with 6 foo� coRd, Yellow .- . Eleck L,---L- L.01G;ISTICS L OGISTICS r`rir iii U, IIA-)(31STIC'S LOGISTICS LOGISPICS LOGISTiCS LOGs Tics 1, CDt,�IyFIM,Ss LOGISTICS WAJ EP I FURDS WAJER I FLUIDS FOOD FooD FOOD FOCID 1-00STICS SHELTER LOGISTICS st-0.1 ER LW34TICS SHELTER LOGISTIC'S $1 11 E. L ( H iLOGIS VIC$ SHEUM',' LOGISTIC,S L T E IT LOGIS111cs SHELTER LOGI(SriCS VHE IL TE.R LOGIS1 1CS SHUTIFIR LOGSTVCS SHELTER LOGSTICS SHEL T ER 1,C)GIS7 C'S S 114E Ut E F4 f, OGISI, I R, S SHELTER .................... LOC31STRCS SHELTER L 10 Gi I M 1 c S SI-IlLIJER 1. 0 G; I'S'r f � 5 SIALU ER LOIC31STICS SANITATION . .......... IL 013 1 S 7 1 Cl SAN I l Al 10 N 11YIte, solulforl sficks, assixted Item S , bolted, 12, 6 0Z slize, I m Ind i vidu ail alse Bag, Irash Tough (.,;IAY Cups, papeR, hot and uRld jukal't Halveare, pla0c (sets of knives,'forks/spoons) Supp Iemenfal food tiems, procured at hom, 720,serving, coffee, hoT chocolate, polejn bars, etc. mrd.(Nilews Ready To Eat, Fwe,Ealws, Heeze DR ed Food w, ecil"I"Went) Lon q Life; Foods Quaintly sulificieril to prowde for 80 pevsonrwl, 3 nwals a day fou 71, Sopacko, Wornicike Amount As Required (1 Vcast) -- Coffim maker, 100 cup (holwatelf 1 West Bond 109 1 01box 47121701 12,112 3N)'00 Marcel MRC 6709 LA,010300 LA,0104,01) LB -0101 W LB,01102tOU L 8- 0 1 ()3 00 LB,0104,00 I, B-011 NJ5 00 L8,0107 00 1,13-01 OR W 1.13,0t(ig 00 *et, poltypro, navy fAue vis equivalerq Catni.miov 87001 I.C10101,00 W slulf,type (Iou �,,flv,epmg bags) ShinbeiJack ......... 57101431 ........... . , L C -0 103 00 �efinq, IDWslic, Cr mil, 20" x 100', Cleau S- I 1180 L C 0104 100 I, ",,leeping, general purpo&o, rated to 0 deWt�,vs, s,/Whefic Sftrmbe0Jtick 52100031151 Lc -0106 00 Is" C.q) to 8 Imsork size Colernan 20W007824 Trek lent 60 sec Ipter, Iritake, Piovide�; ijee point J slo �*Ilar RV 11he intake of lindifect §,a este: Sh0er I nc I uded m 1, L HI 100 L C - 0 111 .0 I �d Fri Fuel Heatm, 12 inch dut,,flnq rn L2 1 11 �=Iftal I I 2�d w, Inpul, 20' w, VVeWeIn Shefler Included m CL HI 111,02 M ie, Output, 20' Western Shelter W Indudc d in CL I-I'l $00 LC, 0111,03 Kit �irroaslal, Contwl Wewern Shelter. InKatiluded k'R ct.. HI, 100 I.(.-Ol 11.04 Le, 34'W&Wl Aharnimin Suxes &ucls, adaptem and thermostat. O'le"stern Sholivil Included In CLIL FIT WO Lc 0111 05 IKit I . 9, 1 IVAC 6W, 12'" fici 16' diameler . . . .. . . . . ..................... Wesiern SVae:ller hRcluded j" Of, HT WO LC -01 11,06 KiIt (tjse with I-C,A)l 11,0 0 to heat 2 tfRr0$ vill heatel) WeMerin "Sheller cl -H v YA LC -011'1.07 .e, Oulput, 20' (IN ADDITION 10 L -C-0 111.03) used to heat 2 WWS VYWMem Shelter CAH,1020 LC 0111 08 s, Single oi Bqflik Bed Slyle w equivMerwt, MeePing I C 0112 00 Dislumsco8edber"Jack oonditioner (HI 3,5 lDn Ro cowl Shelters 42rOOO BIFILI Imager Rereate xr, I, 'WOO I.4 •0113,100 mnoWmt, PecalculMing fitlake admiplet, IIrpldp fwqe, 20, Output hose, 20" (,'onddicner, Portable OR VOIndow 'i ype, i im), t ii t 2566 6 ru (op6ontiI F'i I&A IF R Al '131K 1-1 Lc -0 I 16 00 ,,,h ... . I- G L P 12 I'3"GX R Shawer, m Shehec SIROIN("'r i D,O K13V LCs .W03,02 608 L�f,', GIS I ICS 'SANITATIICIN d rauVed T"aglrer ivu1V&� 9da;art,d LD -0104010 d.OGIS PTCS SANITATTChN TrWefra, jfalfable latrine syvfe rn,, utulizinS t'aied bats w -M p.,ulvacy Welter Arveric,aaji Innotuek, 1 CI -200() Bilet R WTuef" I, D 0105 .00 ILai.)(11$ f4(,.fn..... SANLT'deWN I oiled ksr'ie"d fTeatlief, CTarmmade Kit Aeua.ncr',an Inn oWk PQ 310 LD,01(6M LO IS'IICS SANITATION Toilet, Daily TTestrooruroKill, FIrTeft'efie9','84ff8lcrsa1, rurlwiric'aanGnnoke"k;... ftR901 1..0-0105,04 LOGISTICS SAINI1AA,TICVN Towels, CASA osakrle" bath size SP"fim 1" 00 LID- 01 U3 EC L+;G]$TI(,S SANIT'A"HON TowVetpes moirtleneet aanWaaclerfal Lysol 19200 755m I L.,D,i)107.Of) Q..C}Gs FICS gANITAA FIC)N Meach, ldequlrl or pyranullar Pure V3rIght 59647.2100 p L 0108,00 LOGISTICS 1;ANtI ATION Eaathv4p^aes ArdverilureTvodicall REIT#7:006'7 11)"d610DO I LOGMTI(,S SAM "V"A"'HON S 1k, gang, 2 Gaas4i � west uv Sheoer OPTS-�S2A LT3 T V"14 00 LOGS HCS SANtTAT `N4:'N f unkip isafamaary M.Wlbu9jon L des'kwm 15'l°eftr EJ 110 U) 011°O,00 7 -LOGISTICS SANVT"A"T 110N Bladder, wafer, potable, 500 (3aallllon A^'esI'eo Shelter TTP 5E0 d_k., GIS TpCSANkTA"'HON 'Elaa2der, wafer, �gr'aay, X500C,rallon Weslern Sheltof r IC„ C�i0D 211? Vuwou krim P4s'I ILC`,afrl.adlfiS S�ANIT'A"V`IC'IN Water lest WSystems' Im 4G.1aalKrk.1'S Minute 1-1-0-0122MIw�wneus�:rrsafe eAraru Vakaupuau ackm "[a K,ft i i i �i// All %l I..0GISI6CS AF ETY Altapeaa Device Audible, p eirsonzil (.;face Super pa"% 3 fi.E 0101,0 d I Lt;+CrMIICIIS SAFETY CadrIdgeeFifleir Rasp Oaror, l=sIC M 3114 7093 LEW02.00 I,.d,'aGisnCS SAFETY Detector, curerd,ACveltaSededtntIourIypae, iAC INolStick T1TN�Yk,pEiwC2 q.E.0103,%AG) A CGI$TICN S AF El Y Ear EVkuSss, salely, disposable, style NRFa, 24 w:aso Howaa'd 1,6ght MAX 30 LE:�0104,0(10 LOGIS" M S SAFE "V Y EAingudsheii, fire, 10 lb,, ABC-lypue ✓sus of 435500 LIF" -01115.00 d.G1fASTfCJS SA11`I1- Y Glasses, Sriely, standef prcoor, oath We shieIkiSand E'anyard, for resuliaply Grauig er/S penaua .WA44 11160750 LE-0106,IC)B'1 9..4"dGM IC$ SAFETY _ id<agwes, sarely,'Mattel Iwor,uT F S.'^'✓ FStis d'I1d':Fd•W-' I F101 MOO I, LC',YGISI IC'S SAFETY I IeMads0s, heannpg krofw..w.dlm, Pnuaff Stype, Nk's'TT 29dB Leight Muff of')2'7 LE,0112".LTYd LG;)Gi 4di. $ SAF ETY Air horn, wilh hand pump d Tr `' GdA„aeEYfs¢7 eerrf f"Cowith lastFwpaeuk horn 4 E.,C91 t"1.�CpF;d 1.O V;:T9 S SAFEY Meder,Weatfoet'Pcw'ylnd TCest¢'ak 4;500 11, E:: 0114fDO 10 GISIIC,+ SAFETY k, ght sLK:W Cyaauuune, Yellow, 12 how 4uartalion, 561M1Akrmse E'1v"ni,Stow 9,27020 d.k-0115 C'2 4.0C,"IST'VC:S SAFETY k ight sfick',, Cyaduaele, Green, 12-Ihcuracswal6olp.rL0/case Gan) MTp W 5,2701 7 21_� SV "4 Ck1 LOGISTICS SAFETY LlpphwtMick, Cyaaianie, Red, '12 h,ourrluriatduur,uW(case my Onrmgllow..... ?&1'DY04 4 LI", 0115 C'13 d.OGIST [CS SAF ["t Y L fpphl slick, CyWuuuvae, Hue 8 -hour cduraadoru, 150WCase 4)lmnigIow' E GAFbf080 LE: 011504 ' LOG IS''rICS SAT ET Y LIMP ublily, uliydc n St Couu 31nm w 14131 yards, roIII New England Ropes 293023 LE -k3116-00 LOGISNcs SAF F:'l'Y G elhirafd, rucusd 0o, 2 x 84" MOWN F 1011a IM) ErNrtadituao- L� L.OGHS1 gCCS r,AFET.-Y. dards knee heavy duly, paaauu, Spam 18315 d1 i -go o LOGiJi",TWS SAFELY Paads,edksedaa heavy duly, praur, Spare Galls 1E547 LF 0120,,0,0 ' LOGISTICS SAFE T"Y Palntl spray, fluore4xI,rmd.[,uuGdrTgeT � Gralllger 6KPO4 LE -0121 DO Lofo-is-ric,S SAT f:?TY Pairil spray, Ouoresce,ud, G.krtuer'a Graaingeu` GKN92.... LV'.: GT92'd 01 V, OGIS V ICS SAFE"V'Y Repsellell, Irisea.l p'Trar cotV InW, Flyredf' nin drawat+ 4 oe:f'iull ero Sawyer V 302SES 1..E-0122,00 LO 1ST ICsS SAFETY' Repellent mseO "Ammum 6'y, V"4V"C F ekaroerwt lowleRtu s" 50 per rase „cops 141 L E-0123 00 LOGISTICS SAFETY Sunscreen, $FIT 30,Mp7es 50pe.rcas,e � Zepa � 4421 11 E.-0126000 Lr7GSVSTG4 S SAFE Ty Tape, Ear det, Firefine p rinsed„ iall � C I1' Har Son '16034 V,T",0127,OD I, OGIS1 TC'.Si SAF E -f Y Cdtlsrves. work, Veatheu'., Wed as needed, pair, Ttsr resruppIy ShWhy 5233 FE?..C129 00 l_OGIISt TICS Alf E. r Tape, , Gaf am °3' x ECfyds Black Mh rWtsdrdases 3m 5 7 47, UL L,ICi 013rJ.00 LOGISTICS SAFE FY Paint%iu'Ik, flu,mpaofar'y,All -Wealfher, Orange F arkar 61017 LE -013i OD V OGIS ics SAFE Pairtdsdtvk, F4"tlivor'ary, All -Mather other . FhjouesceM Green MMtwrur'kai 61016 G, E^E1 31 0'1 fi i �� d�� Li: US ICS Afr SVUEV ORT I7&: Rubberbaarld, bOX Alliance 2064, C F,,01it1 U3 L.. (:9LvT.rIOC;,.wd A4T11P.11N8'3TT-fA'r'9yV'f•'.'. SUW'FpG;RT Book,log Slack ..N.�f�.u'.acd ti,fuT&7V;D'E.... LF -W02 DO LOG ISTVGALWy AAI MIND p`RAVll'Wd:: _ S9JFF"C�DI'd'd Crrlruupator,haindh0d,AJkPa&pfikenry✓poweareaN,Wl:'capeu� Caeresaa V";2.Sl�:h.11 i 9_EC.1P&9';fl.'ME LOGISTICS S Tell SUPPORT PF T 1.4 TR°w°lfa f,;lgtidausrsnc9s rpop.l'ad TsC.�uer�rtl vwliVr ^,x'fe�r aper prC,csktruka:� tl 19ipu':us 6'1v.+pxti51 I7;2tik�EdEti2 9-.f�,.C.T1d'.'p�4.k5E 48 609 LOGIISDGS ADMIUNIS1 PAT LVE SPPORIpapers, regulau, box Office Depot 10006 LF -0106,011 10 IrA SI I G, S ADMINIPSTRPORTATIVE SU Clips, papers jumb o, box ............. MCe DepOt 9(1414&'7 j,F,f)I05D2 LOGISTtCS ADMINISTRATNE PiMlw, portable, A114n,0fie �Ctkpy,'SconfFax) w/ Accessories Pel Sporlsoning SUPPORT L0(`ilST11r;�,; ADMiNIsTRArIVE SUPPORT Manual, Operafions Sysems lle,�viptim, FEMA USAR LF010700 LOGISI ICS AMN111STRArILVE klesourcc %tattjs Kit, CS, including "I" cards, s and holdoll' trier N Wncy Fire NFES 1352 l, F,VJ (d9 00 SUPPORI Genter LOGISTICSADMis i-RAINE StXFq,'QRT Vest, Wentifirm4on, Kid, set, Includes 101towhig 0eins: Per FF Supplier LF -011000 LOGIS 1"I4S ANAINISTIRAI IVF SUPPORT Vesl identificationL Jask, FwoeLeader fleir TF Supplier 01,IP? ol 1-00STICS ADMINIPPORSTRATT NE SU n� Vest, idertiffioalioI eaYn h4an"ar PeE TF SI)PPIjer LF -01M.02 �)G�STICS All)MINI$S11UPPOTRAl' TIVE W Vest, Idenfifloalion, Safety Per I F Suppfie� tL-01 10 03; ADMMSTRAHVE SUPPORT Mewl Iden0fir4mbon•Mans Pei, IF SiqaP'qier 1.F 0110.04 LOGISTICS ADIMM[PPOSTRATIVE SURT VVest,dentiticalWo, Rescue Squmf Officer Pov'rF Supplier . . ........... . . . .. . . ....... L F,0 8 10 05 LOGISTICS ADMMS'1PF1� 0RRAJWI E $lj Vest, Werifificallon, ConirriLmirations POT IT Supplier LF -011006 LOGIMICS AE)PAIINISIRATINE SUPPOR11 VesF,Uderud,PllesBlaars,shluutwaral Per If suppher 1, F,01 10.O� 7 Ar)MINISTRADVE SUPPORT VeStr demflfiumMon, Haz Mal Manager Pei FF Supp4e� LF -0110M LOC'PF, TICS ADMIMErRATIVE Vest, Identificaboin Heavy FZigging Per TF SuIpp(irer LF 0711( LOGIS FIGIS AEAMNISTRATWIF, SUPPORT Vesl, Identificsilion, PO4 TF Supplier -Ott',ISTICS ADMINiSTWkTWE SUPPORT Ve111, rdenflkufljon, -1 edi, Seaich f1eirTF 9tjpphor 1. T-01 I D, 1 LOGISI lCS ADPAINISTRATlVE SUPPORY 7Vst l7drldc.gmr,'llech 1100 Pe4 TF Surapher — LF0 � 10, 12 LociMM's A1[)MjT1,flSTR,AQUVE SUPPOR I" .......... . Vesl, denhficabon, Team Martager, Rwmwe Manageu Per T F SuppRes . ... ........ . 9F,0 110, 13 LOGISDCS TEMAIN118THATIVE SUPPORT Vest, Identificalion, lfawn Manager, Semrchi M�,mag.eq Per JT Supplier . . ........ . . . . ... LF,01 10,14 LOGISI ICS ADIMPUPPORT 01,31-RATIVE S Vesl, 1dentjfkajjwj, t eavil Mallagel, MeM ijirrjj arjja*Wm PeR TF StApplier IJP" -CPN 111) � 5 1. 0 G11 S Fl C� S ORT RATWE MONISTA T SUPP . . .... . .... ver"'i, Iderilrucafion, I eam MWIaglF, Per rlF Suppher F-011 0 16 LOGMTICS ADrAtINI'STRAI TVE SL,BPPOIRI ........ . ... .. .......... . Machine, LaW ruraking .. . ... .... Brady MW37 LIF -01 010 ADfAMSTT AI IVE SUPPORT ... . ...... Tqw, Gretm, .5" x U)0'�olt dy 13126 ti -10111 01 LOGISTICS ADM r N11 $1 RAJ I VIl, SUPPORT fope,13iije, 5"xI00'rc11 Brady 1, 13133) LF -0111G02 1, OG i STi GS AWNS T'RATIVE SUPPORT Tape'Red 5,X100,101i EIrmly 1113122 F,01 I 1,1N 1-001SJ Ics MIMI- STR I VE, SUPPOR F f ape, Blue, 4" � 100' ron BTady 113127 . ....... . L I11 04 LOGlSTIC'S AF.Q1N1STRATl)/jn 1'r)PP -ORT Latr0s, ExrAosive IAS Latml Masler SLEXP14,S 0) �, 1, � ;S AD M 8 N I S TH A T I V�,, SUPPORT -7-FiANS Pflbbon, Pc inler, White, 4 d1 Y, 200' Brady ............ B30 Fk1 00W WT F - fo, it 1 1 0 6, I C)GIST 1(."S I RAT WE UPPORT S R ibbor 1, 11 r iM er, Neck, 4.11 x 2 010' Brady rQ0-RM00 LF-01'll 07 LO(flSTICS TRA-1 WE ADMINIS0 31 SUP rape, Orange .5' x tot)'foil Brady 113154 LF -()111 08 LOGISTICS 4LIMIN161 HANVE SUPPC,-.. I ape, purple 6" x TO' roll Rfardy 113150 L F 41111,09 LOGN`aTlCS ADMINISTRATIVE SUPPORT ", —ul , PT1 �11� ............ ape, Yerlow, 5" x '100'rall Brady 113118 LF -0111 JC8 L OGI S r 1(;:S All"IrMs ATIVE SUP I ape, P i i rr4e, 4 " x 100, � (A Bfady . ............... . 113 t47 LF -011 1 11 OGiSTi(; ADMINISTRATIVE AE SUPPOM- T rap a Orange, 2.25" x 1( roll Nady 113152 IF" -311 tl 1,12 LoGoSTICS ADMINI$11RATIVE ape, f-Mue, 2255 X 1 00'rcrl 1.3racly SUFI Porq i 1113126... LF 0 1 t 1 A 3 LOG* Fl(',S A FA6 I N FS r R A T —IVE SUPPORI Lape, Gwen, 2,25" KI 00, w1l Brady 113124 LF43 It 1 14 1-0(31NST1]Clrs ADPAHIC$TRA T IVIE SUPPORT Tape, Red, 2 25" x 104urogtl — Brady, — - --------- - - - i- 113120 LF 0111 15 49 11.1 If LOGISMS AMINITS TRAT IVE Tape, Yellow, 2 25" x 100'W1 Marly 13116 LF-0 I 11' 16 SUPPORT LOGISTIIC'S AIDMINIMAI IVE Fape, White, 5" x 11)(Yroll 3fady 113113 LF 011 p17 SupipoRl I.0GWK.,';S At) MINISTRNT [VIE -Tepee,, YeMiv, A" x 100' roll Bradv 11!3 114 LF-0 I 11.6E S1.9"'PORI 11 OGISTICS ADRAINISTRORTATIM' lape, Oiange, 4" x 100 cool 34 ady 113 � 51 19 SUPP- - -- --------------------- - - LOGIS1 CS . . ........... .. - AMMMSUPPORITF S RATIVE 'Tnpe, Pufple, 2,25" x I O(Y roIJI F.3racy I 173148 J-0111,20 I OG119-TICS AMOKISTRKIAVE 'tape Green, 4" x 100'mfl Brady 113123 111 21 SUPPORT LOGIIS'NCS TI.5MIMSTFRAT IVIE i Tape, Rod 4" x 100' ml I Brady I 13 119 1. F-01 11 22 SryJTFOR'f . . . ...................... "", -- I 1,00STICS - ADPAINSNUPPORT TRATIVE . . . ................ Tape, Mite, 2,25" x 100'1011 Brady '113111 LF UT 11, 23 LOGISTICS AMUl RATOVE I ape Miie, 4" x 14:745" roll Brady 1 a31()9 L F,01 1 24 SL)PPORTNIS L 0 G 1:5 11 (", S AT)MIN[$1I Label, FlanirnWde Liquid I,abfM WSW FMSI-6 t F 0 � 11-25 SUPPIOR, F 4,.OGIS11CS Ar)MIINI1Sj'II 111E Label, Oxygon L alW Master HNISL26 111,26 SUPPORI tw'nsi-lics ADMiNIISTRA1 IVIF Labell, Flaroniable, Gas LAW Ma%lef HMS1.7 IF Oil 1,27 SUPPORr LC GM11CS AIDIMINISTRNT &VE Lalxd Nornbefg LabepMaster HPAI 51C _F,0 w 11,28 SUPPORT . . . ....... . . ISIrICS AwXAIINIS1 RA1 IIVE LaW, Non flarninaMe Gas abool master HMSLA LF-01 1 6.1"55 SUPPOW LOGISTIC$ ADMINISTRATWE LaW, Ak E�Agbie, Label Masler -95 L F -0 111 M LOGISTICS ADMI LaW, rnmde Packaging Conkims, W00hroll Label masleg 1340 L,F,01 8 1 ,31 SI,JPPMSMOR1AflVE L001SI 1(11:�$ ADIMIMMW WE LaW Aifo,wjro4Ahng up, 500aoH I MaMor 1,300 LF,O H1,32 SUPPORI I,OGlsTlcs AM I M ST W IVE .4aW, w�Aliiuirn lonaI3,qrieqy, 5(01roll I MasW $143%1 F -�) I 11 '9Q,SUPPORr ADMINIS1 RAI IVE Markeq, ohoa, 121()kg shmpie 2089 1.. F 0 112 ('vi) SWIPPORT AMAINIS Marker W�, wateRproof, 12ipq Fco;.iV PYW6603 LF,011300 I SUPPORTTRATJIVE I.OGISTICS ADPAINIS rRA"I IVE Pad, riole, tself•sficlk) Flow 654RP 1, F 0114 1)0 SUPPIDIRT L(XOSTICIIS WE AF)-N46(,PSTRA I Pad, steno {6x 9"7 Office f3epoi: 99A M) LF,0115,00 SUPOR p P .... . . .. ........... . LOGrics ADMINIs rRATTE Pad, writrog, I egaI Plkfled r 8 112"'x II" office C)epok 524,78 L F (M l 6, 00 SUPPORT L 0<11 I sl i c s AIEW 11 IN I ci F R AT IVE Parkew, [I graph, V10" Fquares, 8 162" x 11"' 1 ops 33101 L F,0 117.00 SUPPOR r 6.OGIISTICS MAWFIRR11A HAE. Paper, cq)y, 20 1b, 500. -fivel teawis 10 1 box offmv r)eipot 99964200 LF-0118 00 US SPPO ics AT-AAMSTRPPORT ATIVE ponck, lZp*g 4)Ixon Q872 L F 01 69: �00 SU LOG9Sl IGS AW�$�II41S'f RATIVE Pers, black, 121pkg PapofmsW, 33311 L F 0120, DO SUOPPM I LOGISTIC,S' ADPAINIS7 RAT IVE, NoteIDOW , 3" x 5",wmerpmaA Rite In Ram 1135 SUPPORT LOGIS1 ICS No�epad, Unit, Log ICS 214, WaWqmool ff, Rk fin Rak) 2l4 LF-W21,01 STIPMCUPPORT I. OGIS IFC MW PmI1ecicrrs,, docunu,,W, 100cl box " (Mice Depol 0I)SP07 LF, D1 2 2 00 - I . . . ........... .. . LOG W IGS ADIII RAT Wr Scale aichhecOural slat"Aflorf BK NA t,F 0123 00 5IIJF11P0Rl LMST�CS MAMMISTRATIVE staplor swinighne 7 4 LF,0124 00 Sk)PM)IRT . . ........ F771 L.0GIIS11CS AMNISTRA1 IVE staples, V�ox offim p)opvl 60pl 1PKEA L.F,0125,00 SUPPORT 1-0,13113 f I Cs AWAINISPRATIVE I ape, dircIl MM LF 0126,W SUPPORT LOGISTICS ADMINISTRAIIJIVE Tape, cf4lophane, 2" r4A WIM371021 N LF 0127AW SUPPOR1 LIC)GISTICS ADMINIPYTIRANVE I ape, masking, I", ioh swch 26001 LF-01 28,00 SUIPOW MAAMSTRAJ IIVE E)Mabaso sysim, Cache anil Persconel, 10 hiclude soil are and peiIpihoral L. F 0133 00, LOGOS I K11<1 SUPPOR I haidoeave, foquimd lo ffit�� Loi A D, M � IN w S,"T IRIFIAT u V 1E -) Badge,...... Printer, Taqk Force H adge Per rF supplie¢ uI 50 611 110GISTW,S ADMIS1 RAI M', Referenw rkmary, cadle transpq,)rl 8nd cerifficti0on rnarmaif,, and sfrflywlio SUPPORT (AFLMN 24 204/lAIA () G RICT R'l I F-0134.0(l LOG�SFIC$ 71,1—hi"147TRA, FVE Field Flex Kil, ran Gmdwa rabrrc rLove, Rule to SUPPOR r r Rain 374, Ml LF0135,00 ALDMINISTRATrVE L 0 (31 VS 11 C' S SUPPORT FWd Fwx. Boond book 4 5,1fV' x 7 1v4""Rite fil Rmn 374 LF-0135DI L AMMMSTRATIVE OGISI ICS SUPPOR f (,,Over, Cordura, Tao ROr in Rain (1900 LF-0135 03 LOGISMS AT)MMS I RAIIVE SUIPINavy Blue Rota Sbj" imn eeligs My, nc)f fret D 511 01 fF soppiior I F-1 36DO !NOTE: Those hernis are PrOposed for itach team member, The taO: force should have torte set, as listed, for ear i rostered pers(m an the LO IMP t(,I) PERSONALBAG task force, not toexceed atolafaf2W to bo assigilod! to the indlOdual and be W a state of readinvss for activation at all firne a, 00 Q1 I _x, AAT M/1�JF::I"A%,oqiipliaiitore�quRva[rcit, pai� Per TIF Suplpflef 17, I' �,T t, i-t:-RS,0NAL BAG F lashiRWit, battery pavmed, jrjtwjjj�,jcajly $,ar(r Ul r Strewntile, Pnriceton M spaire btnb�,, Petcan, Pold 1,0 0103 CIO LOGISTIC'�$ PERSONAL BA(a Far disposable, style NRR 24 11 powafd Leight lolAX 30 LG �01 L4 00 U20STICS PERSONAl BAG Hern iel, rescue type, low ppt)r0e, ASTMINFPA comp ori equivaleW Tearri �;�—Illjy E xFil SAR LOGIS I (",S PERSONAL BAG Lkqht, Hehret, baftery powered, Wdrmnsically saft,� wF 5pme bulbs tG-0106.00 Petzl :1nd 111, 'ea,e U' ' arc,", 24E'A corn 1, f 11 C, 1,, 1 711- 1�"" ry bulbs 7f DG�STHCS PE160NAL BA(� Krffe combrnation, foichR�g L eatlw pwrl, Gerber 1, G- 0 1-0 7-0-0-1 c". s LC*iSTl(S PILIRSONAL BAG Gloves. work, Wather simd as, reeded Slmlby 5233 LG-0108,00 S LOGISTICS FIERSOINA1, BAG liWn goat, set Dirluth Tmcling Co 26717 10 267 119 IL�G-0 I 10 00 jljr Lousncs PERSONAL W., 'Glasses, SPAClyr sV&� $�tle '31,,elds a"d lanyard, Z87 Grainger I Spenan .1 Ef Lj r 3PIA44 11150750 LG-0I I f (V LOGM CS PERSONAL BAG Uniform, Jumpsults or two piece, Nomem MA, seq Crew Boss '(310113 01 LOGISTrCS PERS NAL EGA I Padt, kirjee, heavy diuly parii 185'r5 W-01 d5 00 WGlSl ICS PERSONAL BAG Pads, eltrow, heavy dtily, t),aw tOGIS-Tics PERSONAL BAG F'17�—ablllh. Gatis, ITE547 LG-01 l5,01 L6,011600 LOGIS rlC$ PERSONAL BAG Peck, Field, personal, miystwn VVWfPa0* (;e-w LH1-t-C8- 1200 1 VOF132- SR,1003 LG4ll 17,00 L 0s * I ics tRSONAtBAG Bagia), Gear, pers,,onal ectmpinlew (as re.agttlrecl W Guffil: ear task force membel) — "5.11 51 f 569681019 DD Cold wr:atlrersyslern, rnciudiing jw*slt, pants, Norce or fiberprW i�rjers sr,�sks, �<vlmene malrb, eApediticm �anq underwpaR, and t, G-0122.00 LOGISTICS PERSONAL BAG galon, glows, knit cap, nic safely lmot i(ECM..S car equivalent) t440 deg F t0,60 deg F) LOGISI lCS PERS(')NAL BA(-'131 Toiletry M, includiRq aq persoulat "MerW d411115, such as Chap Sriltk� —soal.r, 10101t, elc L G-01 26 00 LOGISI ICS PER SONM, BAG Respirmcm, halfflW* FAece, ca1ridgo,.�Aype 3m 61XX) Sedes LB4,027 00 [..()ChrSf4CS PE RSONAL BAG PORX,, pensonat k)w,with assruled (I p. SiclewdrIver, cine winerwlj, ld, , ra s and k L.G-0128 00 r 'd ��(Ij " t -, T PF�RSONA[, RAG Gurde, Field Operallons, FEMA, US&R LG-012DOO reta 't, LOGIs rics PERSONAL BA(�' Hood, fire, rdant Fire Dex F26lt LG,01330) LOGtSTICS PERSONAL BA(3' Dools, Ugnt 41�,caj, ]"arj� Mjc� of Thlee Quarler height mmovRign (MUST Darl"el Mm ell, Dcmert FFX G3 COVER ANKLE) Waleqyvoor and Ntwhat)re (FOR WiDE AREA SEACHf EIC MOAB 2, FTC ILG 0 134,00 AM /M 6" m 4, ........ . .... LOGISI iCS TASK F ORC F." , SUPPOIR r Cooler, insuraled, 48 120 qt lg[M CO)Offlan, Thermos LH-0102 Of) LOGiSTICS q5 FORCE SUPPORT sf orn 2(y 1.11111-111- .011 wrl, Standard weldkn 1, rwoln K875 LH-0104.01 LOGiSTICS TASK FORGE SUPPORT Leads, WelOng, EleClMdc, �WW(3rou�nd Ceible, #2 Calt)W, ri'o fl, 701114,0 LOGISI [C$ TASK FORCE SU PORI Respiratm full face v4ece, weidirrg i cxpllin—g rm,,,ob Safety VVeWO.Vn9ta I.H.0104 03 W(,34STI(;S I ASK FORCE SLtPR(.)R T t ejfdjjjg JJrlkirtr Sim As Needed, Gnerm Steiner l"'itusures —1030 tJ 1-010404 LOG[S] WS TASK FORCE SUPPURT Glasses, Salely, shafl.,r pj,u,,)f, wit We shields and lanyards volt meel ANSlZ87,1-l9fs9Ma daids UVEX A"rospec 3000 (:Sl jm)c lLOGSTICS IASKFORGESUPF1(R1t lv(vVelclng Wim �Q34'58 L WO 104 015 - RE 11.1F11 I-OGSTICS TASK F ORCE SUPPORT wlBriush "J""ll Vlekfintl IAW Dual! Tool) Lit 010407 LOG I S f @ CS TASK FORCE SUPPORT Red,We4ding, 1/8" �Aflas bncOn Fle FleMwqMd 37 ED030163 LH 0104,08 LOGIS-1 ICS TASK F ORCE sur,poFz r Rod, Wetdrng, 3/32 LincOn Flectweld 37 1 ED030162 V_C L H �D 104,09 LOGS I ICS rASK F()RCE SUPPOR-T Elevilowl Prefilter arid Air Gk-airler, GenvralorlWeMw Kohker 63,08,3-17-S 63,0 13- '19-S Lit 01104.10 LOGISITKIS TASK FORCE SUPPOR r SpEirk PkW, Generaloc I Mflckm - Champion 2YC LH 0104, LO IS t ICS TASK FORCE SUPPORT Tool M, Generalciii � Vratcter Honda &",'I Z 4-0100 89000,1EE];R110�412 �H L14,0 LOGISMS TASK N)RCE SUPPORT Megarphore, briftooy type Dyrw Vox 4PD84B LI WIN= L 0 G I ISI T dC S rASK FORCE' SUPPOR1 � Hose, Harcl SNacUofj, Trao Purnp, 3' x 20, TIonda 80 3463 en t 2-4 0 30 IT 145-PINKI- - 1,H 0107 01 124030002101-1 LOG[s Tics LMSTICS -n TASK 11: ORGE SUPPORT Hose, Nadrarge, rrasK PtAirlp, W x 201' TASK FORCE SUPPORT pStrIalro'er, rrash PurnIp',, 3" -IRGE Honda Honda 14530C)D501 I SR1,45-300,00H L11-0107rO2 LH 0 107,03 L c) c� i s c s ASK FO S UPIP OR 11 Adapters, Trwih PuIrrip, 3" Sr) 2,6" NST Tele-Lile LH 0107.04 LOGISTICS LOCM'ICIS TASK FORCE SUPPOk"IF C811,I)fain 7uashPump,25avi'll IASK F: ORCIE' SUPPOR r 0, ring, I aWl Pump, (3,5x23,7), (25awn) Honda Honda M184-Y(30 003 983 I-YGO 003 -710107 OF, LH-0107,06 LOGSTIC 11 S "I'll TASK FORCE SUPPORT Cap, Filter, I cash Pump, 32am k'G1 91da 78M?-)tG0-(X33 7 4), -DIA) 7 TASK FORCE SUPPORT 0-h419 Trash PulTit), (2,WO 7) (32mm) Homila 91352, Y4,rO-003 TASK F'ORCE SU15PORT 0,irrig, Trash Pump, (5 W(19 3(flarI0 Cover gaskrit) Horrda 6,'1512-YGO 003 LH-0107-09 LOGSTICS TASK FORCE! SUPPORT 0-dri4N, Tfash Pump, (3.53x2 "F549) 78M4 dC011303 LFI 0 07 10 ORT -TASK FORCE SA)PP ilernerl, A,, (,'I .. e,,, Honda I ?210ZE2 515 - Ll 0107 , 1 .r 'I Irrrrr, LOGISMS L0Ei$TlCS I ASK FORCE SUPPOR, Filler, Trash Pump (ciuler) TASK FORCE SLIPRORT 7�'wk Plug, Trash Pump TASK FORCE SUPPOR 1100 KIT, Tfash Pump Honda NGK Honda MI B-ZE2,505 BIPFTS, 89000,ZI34-000 11,11,0107 12 H1,0107 13 LH 0107T4 LOGISItcs TA.$K FORCE SUPPORIT Batlery, D Eveready E121RA95-8 LOGISTICS TASK FORGE SUPFIOPRT Sanery, fr E vei eady EVRA93 8 LOGST LOGSTICS LOGM-FCCS TASK FORCIE SUPPORT 711filly, AAA TASK F'ORGE SUPPORT Battery, AA TASK FORCE 113allery, 9 V()L� Eveready Everearcly E. vereadiv EV A92.16 EVRA91-16 FVRA522-4 t.111-010B 03 L H,0 I MIA WGIStICS TASK FOTRCEF SUPF'ORT lAdapter" 200, NE.TAA E5,20, WvW dOck 4,IvIrWcB0 15A housetrold 3,prong male Eftson 1744 LH_ ,0,10 a 0,109 .. 00 I OG[SI IIC S I ASK FORCESUPPl.)PT Adapla, 20A NEMA L5 20, I'Mst lock, male ks i 5A house.1hord 3-prong female t"-ncson F740 LH101 IG 00 WGIS r CIS TASK W:ORGE SUPPORT f3ox jrjncfiorW, wfr,,), [ 5 20 twrst (Wilets and (1) 5 2i)3 IaLjpFex ()Imded 1f2_3 Wet cood wiffi 1-5,20 Mug, (.,irrcukI Pvotec�juTMd po,uVer ln�dicalwi LjQhT Ek.iion 40 1 0C,(),j I-1 1, 0 1 '1 1XW LO G11 ` SI 11 (", 81 L(GISJ IC!S IILOGSTIC;S ,OG�S Ncs LOGSTICS LOG,ISTICS 1_00S] K�S, LOOSI dcs LOGISI ICS LOGISlics L 0 G i LOGIS TiCS LOGISTILCS L.OGr SlIGS LOGtSTIC,S LOGISTICS LOGISTICS c, �, I'm rl", _s LOGISTiCS L(>GISIT(,S LOGISMS LO Is VIC$ L OGII 1137 Ic S TASK FORCE SUPPORT Connector, 20A NENIA 15- 20 1 wio lock "rare TASK FORCE SUPPORT Connector, 20A NEMA L5,20 rwisf tock fowiWe TASK FOP1,CE Sr)F�P,�)RJ" Coid, extension, IM 0791C OW10t, 100' vvd 5 20 Mug aoct Connector TASK FORCE SUPPORT CoRd, ExtenWon, 1213 SJOVV, 50'wT5 -20 Plug and CwnecNx TASK FORCE SL PI CORA, Extension, IUM SJOW, ItKYwIL5,20 Plug and Courrector 'TASK F()fRCjt� Keeper, Cond Velcro TASK WIRCE St.,WP()RT" Keeper. VelcrO <eud io c',alry handle (=ddw) TASK FrORCE SUPPORT Cord, extermorm, 25 foot, 12 AWG 43 pr('Mg, Hotmehold tylie) 7 ASK FORC E suppoR r COW, fmtenwon, 50 �Oot, 12 AM3 (3 prong, ficniseltiow flyp,asr;b TASK r ORCE SUPR()RT Stand, IJOW, extendable, dual head LED TASK FOR(,E �,`rUPPORI G' w 0, 1 �M 8 OW 251 C) �RrVI716F' 124 1 101,1C, 71,A'(,)P VASK FORCE SUPPOR I Core, 010004 - 6100 vvt(2) DUP 5 2DR50'2520FIMP Nt(;'T r "j fi(t 252 LASK FOR(E, SUPPORT Ught, WIN' pig T,7 i I TASK F C,R(,E SUPPOFZT Etejjjenl, 11jr Ciewar, Liahl Carl Generalov TASK F�ORCE SUP -'OR F F01w, Outig, Lighl Cad Generaloa TASK F: ()RCE SUPPORT 7,,p.,k P114), I IgM CAN �Gun.,alo, TASK FORCE SUPPOR tl' I ooT Kh, Ce,,10 Gencralor TASK FOR ZE S 41POM 'Funnel Kit, 3 Nece Set TASK FORCE SIJPF,ortT (,,rlaqjeq, F6,ajtp TASK FORCE SUPPORT I ty 12VIDC Rfuwn, Push, vdfibelgwss handle, 24" 7ASKFORCE SUPPORT Tripod far WkJeArcka lrfpfing qyslvn I AS K F 01:4,E S UP F`0 NJ B, 49, Stuff, I'lledlum lASK, T ORCT S 8-9Stuff, larq. IASK FORCE EUPP0f?,T Bag, Stufl, SrnW[ Ergcsot) Ekaon Elftc1Koll Ericson ErJcson TH I Ft Colernarr GMAc a pi' CoWn man Cabie Husky Errcson Eqcwq) elte, Li1e, Honda Honda Rhino Geall Diehard Grawhger �Tlslli, Amenw, lo, 23'1G-PVAjP '410 CV63P 4= OPWI 2311) 2310PIOV123B 3 21902 312k --7- 0011ILKICAIRRYFINDL C11 I jl�,A jIIRIYF11,I I,, 1687 K40026 04102802 041020801 PRI 5 1721 I-ZS9 A02 T,71 8 ZSO AOC) CIF V151 S 89000-ZB4-01 0 10 _M_ 5068 71222 SCNK5 1131-201 432333 A321M 432301 _77l LH.01 t2roo LH 01 13-00 L 1-1-0 t 14, M) 7 1 F, N T_ LH4�11600 L 701 1�1 .1,CjIllEC)o 4'7_6I I _900 L t,0 1210 00 LH•0123.00 L F A-01 24 00 LH-012501 _H0125U2 tj C) L N,+ 0 T 2 5 04 D+0125 06 - LH 0 "1 1 "1 2 -1 70, . 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SASE OF OPERA HCr'N�S Flrmmlrvl„ Sboir't' Neck 10100..... 240110 11 04,00 E.OG4 S UIC`�S EASE O OPERA IION4S' Nraind r, "-maim elei".drur righl;ain�glc N, dvlauulkaan @r 86-20 I..LI-Cai RD,09 L,Cu11$rIC$ BA,.^TS.1al CAFE RAT101^NS Discs, GrUritling 7-unc11 FAllwaukwa 49�94,7025 101 L OGM Id. 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EQUIPMENT �Replacv rucar, Ptits, IAllilary (WC, 3 1,01)Fuel C,'arit(, kvclirdf, cTjps Ap MAWENANCE vetehner sloapt,� gmk NSN Peir Part Required I K- 0 � 24 01 0 IL ()(361 ICS EQ LA PME111AT Flour Sp" D ovii, liRamelei, RAW can rnifilary JAFC 3-20L) NSN N, 'wN 7240-21 910-7112 LK 0126,00 MAINTE NAN(,'1.' LOGISTICS T- (-35RA c P4 - Spout Pour, 19nun Diameter, FvO can mililmy (We 3 201) NSN NSN 7240 21-914-02Z�7 [,K-I)l 26 DO MAJINI7 ENANi"i ,E LOGWECS EQUiPMENT Wrap, sireIr 20", wll, with handlkn Oliermatic, -f32{KVQQrj%vg LK-0127,00 MAINTENANCE 1-00s] WS EQUIRMIEN-1 Baan long system, Willi "j'apping, sealor, Bud sealb; speciall Sleel row H 622,3A LK•0128 DD MAW ENANCE, Offur L()GiSTK;S FOUIPMEN"I Drfl[06vkq,, Heavy Duty, 1,02'" Kit Per W Supp her ....... .................. L K-0 1310 00 IAANTENANCE EQIJIP1FNT MA Driving Sc, eve Driving 29 bRI w) Gase [)eWail JX 0130-() 1 MAW ENNCE EQUIPMEN f LOGis ric,,,s MAII R1 E NANC� E Drill Blce seit, 21 Ploce, 006-W8") h0n Ii Pciusinal I ools A60221 1, K 0 1310, 1)2 L 0 (11110111 (11 S' E(,.')[.)JPMEN I hWNT ENAINIC111--' .... . .......... . Cumim, Pope .. ....... .. D550 t,K-0131 00 LOGISTICS I--,' L M'A'I"'NUI'l NAW',E i Tip, kfl'J'Opa-'! CV.0001 .. .... .................. . 'Nefiel F WE, RC-1 LK 0 t 31,01 LOGISTIC�" EWIPMENT IAAINTENANCIE:� roiA Dox PCH20�W L. K,0 � 32.00 . ........ ... .................. F ULAPMEN r IMAIN t E t,,JANCE Voo1 CheM %P'Nlierk)o mi.. 500 LK•01310 FIDUIPtAENT ElhaaW,riiep Fkjei, 4 ryGie, foo uscvdth Sulall 0Hginf15,'01[flID0Wd 17101011f, '52 1 fru jell, V17 4-cyckl K,O 134 CiT) MAINT ENANCE Ioz (Cmf"' of 61, L 0 rA S I I!-,S EQUIRAIE-NT MAR FE-.NANGE E. lftanokf rfle F uel 2-Cycie 50 t Flie [11ei dtm32 ox (Case of 6) 1 ruRnA, VP 2,,Gyce 50 1 Y W35,00 IM [NI C A L ANT11RI()T I(,$ I Arnoxicillin I Polasshim 611awtdanaie 875 rrarj 125 Rvig HIM (Daled Tablei 'I ANI'll' LINGAL S BMUe, 20 Tallou pew Bottle Pei Iff &ippfiei ND(, fj714,0478 0"j MA 0101,00 WIAGAIL ANfl BI �Cil I C S I AN I IFUNGAI S 5oz(Ugnitkflbes� fle� TF SupjAiei, IND rr 45802,0060, 0 1 MA 0103,0n MFDICA[, ANIfflV')TICS I ifibRclens, 1"woz holik, tbr*fly(ke I leaflh lAC)III 57508 Ili A 0104,00 ANT IF: UNC)AL S Care PALDICAL ANTIFUINGANT lBV)'HGSALS � PovNdcyne Iodine OmflnievO, 1,,v lubes F4" IF Supplier Nr)r,� Thr 9CW-U 102 31 MA-010600 WIDICAL 4ldllEgOL1'"IUC a' CeWraxone h gro iwfflt dor;e-� � W ai W Pei f'IF SUpplier Nr)C 44567-(J701-25 IAA- 711'67 00 ANT I F UNGAL S MEEA(;Aij, Gelphimlexin, 500 ng, F10, 100 labkft per boffle Poir 1'r Skipplheri NDC; 68180-0122-01 lAXID1 08 ()U A14 T IF UNGIM's MIH)ICAIINI AWUtA g"�LS celphaeohn, I gm uric doser, IV Mats (NDC 781 3451q(3) Pei, TF Supplier Nil.)C W1 4 3,9D 24 90 M tW) I 10 00 MEDICAL AN I ISIOTICS ANTWUNGAL.S Cilwoflumquin V,ICI 501() mg TaWei 1001 alAeIs poi 3010, Pei IT SuI4)0r,,,r NUK., '16714 0652,02 MA 0111 00 ME=Al. AN ANJI'll IFBIUNGAOT ICS I � Antifungalf Cm loinaz ale obi inivi 11% Sli engil u (,'ruarTi, 1 oe I ube Pei TIF Sup NDC DC 001904-78�!2-31 FMA 11112 110 MEDICAL ArJ100 LICS V4, 111 F - L O N r, I �At S 2-� Mamohde Aziliivoiny(jil 50r) 109 181,Aet Bolile, 3x303lisiteu Pack 9pk Pei TF Suppheir NDC 11-0788-6,7 9AA-01 14.00 ME 57 618 IS r AN] I BWK lrude (FlagyI)� g unit, dose, azede i qdilum Gh500m 5 Anliprotozoal 10elronidS MEI)IiCAL ANIESI HE I PCSd rNazelparn fmaq -1 abs 110 100 pef bcAiIW Per I'F Supplipir NDC 00409- �811-24 MA,01 16 00 ANTIFUNG'ALS "1911 int, "fave- llijecibn Roxible Bag 100 ttd. SEIDAI WE Futigrp Powder AnItI 1-ItnactirtO 11A Strerigth Pcwder A 6 or, Spray (,art NDC l'1523-0777,02 ... . ....................... IPAErACAL. AN rIBK) NCS oirn�,lalllFlo%��dei'An�glugigaI Theu,WE�2'1% Sireng1h Pwoder ",oz,SlIaker Peq Tr suppher �(Spray Can) �,IA-0116,00 ANt'IFUNGAILS Boffle WX GB 99 0207 3 SFE)ATIVIES a' (,Shaker Wile) MEEACAI, AN TIFBH)Tff(.B Hahm"keI Injection, 51-irg/114, I [I'll Vial,10 Pei box Pei ri Supplier NO G 2021-D806.01 PO D 0104, 00 I'AlEWAL AN H U N3A 1. Silm Sidladiazine Cream, V%, 50gin lube Pixy IF Supplier NDC 43MM-0210 50 LIA-01 19 00 NJ F,:rANTIMOTWS 'DiCAL J Vancomycai, igm unit oases IV, 10 pet box Per rF Suppher WK , 61991-09,41- 17 IAA4�) 120 0 0 MIEDIGAIt AN"TWUNGAIL S Ketaiinkie injeciton, 5(1mgW, 10fd vial, W poi box Per IF Sup ryIlvei NOC 00 l43 9508- 10 Mr),0106 GO � tAIED11f,AL ANIPFUNGALSANTIMOTW$ Arvwdanlide, '2M50ni II`0, 1010 peq bottle P er IF SuppHer INC 04'1672 D 4023•0 1 OAA -0131,00 1IMEEX"AL AN t murics Sersira DS I Nactrim, Sulfonaraide Sulfam"hoxazoici t 1-hirmhoprim 800 mg Per l F Suppker NOC 00409 2308 0 IAD-010f.r 00 MEDICA14, AN rIF'UNGAILS 160 in Talblek lBoale, I00 rableft 1 Pei IF supp4eq, NI)C 53746-0272 (il MA -0 d 55 OHL) I PAG01MF01SRT ro E F) I (,', A], MEDICATIONIIIEN1 Anta125mg Mrongfli Simelfiwxme, PIO 60 pw baffle cid I I Pei IF Supplier NDC 0053610 2008 NIB101 01 00 MEDICAL FIAIEIIECONIFORI Ondansetion lZirfrari) 4 mOr.) r.* g I- Blister Pa, 2rVIA Pei I l", suplAter INDIC 658fl.'r,20390110 110102,00 DICATINI MONS - - . . . . . . ...... MEDICAL PAIIENT COW OPT' DofusaIe Sirdiurn 100mg Und 1100 per box Per IF Supplier NDC 63739 04 7 B I (�i PAA -0I( 00 MEDICA HONS, MEDICAI PAFIMEIENDIC] C HernarrhrridaY RecWl Suppusdoirieiq, 2511K, Uirtl Dose, 12 fret p" lPeir TF %upplier NIX 0D15 9 W2 5, 113,0105,C0 M ATIOINOMFOR"T S MEDICAL PA PIEW COMF ORF Pseudephuddlw Wing ImAels, PI (NDC 93725201) Mail i e M edica� 8002W 14F -fell - MEDICAPONS �21309844 MEDICAL PATIENIF COMFOR3 Tfanederm Anfirmusen Agent Scopdarnme i mg 172 Irarmlertrat Pee I1:` Supl.,fier NDC 10019 ,0553-03 108-011 1,07 1I IONS PaTch cartoir, 10 palclvrrs Imi box P'AI I EN f (`�WAFOIR t Bisacodyl, (Duk"owxg, 51m2, PO I N. 2r, I'm box Per TIF Supipfier NDC 81421-0020-02 W3 0 d 1600 IhAEUCAIIONS PATIJENT (X)MFORT .... ...... MFCflCAL yfCrX.',ATH)W5 Gold Nord Medicated Fciot Powcleu Zinc Oxtdeffalc 4o, Oflgnoral PerTF Supphof t1XX 04116-7010 40 11413•01 1171 00 PAT -11I Cf)MFORT MEDICAII MEDWAI rC)NS Ondansetron CZotrain), 2 mg ImI_ 2rn4wal, 10 pet box Per'lr' Suprflw NIX' 2':38 55 0547 4 1 MB -01 IS GO MEDICAL I PAIN MEDICArIONS Aceturall'110pheOr 325mg tablets, I?Cr� 100 Pei II . Per rr Supplier FID(,'MC-0102,00 M ELHICAL PAJIN MIEDICAI 10116 325mg rabliAs `10, 100 per tmWe Poi TF Supt ker NIX, 49348•0001,10 m C'I 0103 00 MECHCAJ, PAIN W`114CIO IONS lbupiofeie, tablets, PO Und rlese, 10.) Fier box (ruay purcho,�se allernarive Pf"I FF supplier NDC 00904,5854-61 MC -0105,00 rANp1rh, o do��e of 200mg, 400m2_ 6)00mi,�, f, i 80flm2) IMI PAIN KIEDIfEW ONS M. t Mwpfiine SWI 10 ing injeclallete- I nig vial, 25 pst, box PO4 IF Supplier NO(, 006411,6127,25 PAC, 0107 00 FAME PAU,4 MEJ.'HCAFl0I1V`,; 5,325mg tablets, PO, 100 Par boffie Pef TF Supp hei NIX 42858 0 02-01 W."', IAEDCAL� PAIN Kelorolac: p1'ordaI), 30 nrighn1l 5,inqW dorre OW, IV, MA IPer If Suppror NDC 00409-3795,01 -r) W,0 � I 1 00 MEDICAL PAIINMEDIGArIONS IrNpirlvan IiPropofol 100 nflOal [Pear IF Sup itriet PV c 0056-12- t -3646-8- MC -01 11131)o 57 618 SE IDA' lIVE SI MEDICAL ANIESI HE I PCSd rNazelparn fmaq -1 abs 110 100 pef bcAiIW Per TIF Supptiea NDC 00172 3921660 MCHI 00 PARAI, Yl 1 CS SEIDAI WE MEENCAL AINESI HE'TICS F FeMarryl Cifirme., 50vnrgim, 2nal VW, 2':p per box Per TF Suppltm NIX 00409 ,9094,22 P4 D-01 I 0"A IN) FIARA4,YTICPLA SFE)ATIVIES a' MEEACAI, ANESTIET K:S Hahm"keI Injection, 51-irg/114, I [I'll Vial,10 Pei box Pei ri Supplier NO G 2021-D806.01 PO D 0104, 00 PARALYTIC$ SEDATIVES/ MIEDIGAIt ANESI! lir,` p ICS f Ketaiinkie injeciton, 5(1mgW, 10fd vial, W poi box Per IF Sup ryIlvei NOC 00 l43 9508- 10 Mr),0106 GO PARAI, Y I I (; S SEDATIVES,, 1IMEEX"AL ANIESI-HE I ICS Mdazdam, Injection 5ungOimI, 'Ind Vials, 10 pirt box Per l F Suppker NOC 00409 2308 0 IAD-010f.r 00 PARALYI K$ SH)ATIVES I PuMFDKR Al.ANESTHETICS,' Sut,,dnyldfuArte, (Uwoicm) 20mg/ml, I (hmi, vi re Per1r: Supplirrur NDC 00409-613,29-02 MID -W090) FrARALYI lC:S i I ,jEDATIIVES 3 - - . . . . . . ...... ROME DKh Al, ANF SI -titer ICS L Ater laranllaalrr Wre(',j*rj, 'I 1)"igM NIA VWS P r rl:r supplkcar I NDC 00703 1914 03 ME) 0111,00 PARALYFIrCS 57 618 MIUACAL STEROIC)S Prediilxone, 20mg tablels, Blistei Pack, 10D pw jjoAPm TF Supplier NDC ('00 15, 0018,20P E-01 I C 11 If "1 20 I'll , 11 I'll 0 I'll 7 - TOIL D7 AL SI ERCOIIDS 16gmfipho Per IT Sup plirm -� 0,,l NDC 00168,0004 15 PAf. 0 1 Ci, 0 I'C MEDICAL SIEROH)G Decrsdirm 4mighml, 5n,fl vull -_L�!,r IF SuMAer NIX 5515 0236-05 ME,G I D4 00 MEDICAll - SEDATIVL'S1 hrJ*Duse, qkcJRvWed Uiarcoal), 50 gr tube Pei, I F Supplier MEDICAL ANE S'R HE I ICS f BuPrvafahle 0 5 1146, 5 mg 1 ml-, 30 virr Wal Pei, IF Supplier Nri C 00409 Il 1 C5,2,02 MD -0112 01[) Hilstflmine, I12-74ntagicm6l, Cirniefidilne 200 nq I MAK 100 Tablels per boffle Pei IF, Supplier NDC 00378-0953-01 - IVIF,C)ID4 010 M E 0 1 (", Al.- - .15 E i)AJ � VE S r4sulin, Reg(ft Human, Ifile(Awn, 100u I uml- 3 RnI- vrals, lV/SC, Per IT soppher MEDIC,AL ANESI HETCS f orll Ij va "("I TFS'AjPPW NDC 00409,3178-03 MIJ-01 13 00 Magriesium SuNale 5011% 5gunji0irni vials PARALYTICS NDC 6332-MOCA 11 MF -0108,00 MEMCAi - SEEM t IVES rdavufltol, 261K,,, 12,59IIV50uM vials, IV MG -010600 MEDI(AI ANESTHEI ICS j 1 -1-11 --", I-or,oiepF4r�i,2iiiug/nii,lClfiiLvia,I lCipwI)IRx Per TF Suppher NI)C 004M6780,20 � I00,01*,Oo MIUACAL STEROIC)S Prediilxone, 20mg tablels, Blistei Pack, 10D pw jjoAPm TF Supplier NDC ('00 15, 0018,20P E-01 I C 11 If "1 20 I'll , 11 I'll 0 I'll 7 - TOIL D7 AL SI ERCOIIDS 16gmfipho Per IT Sup plirm -� 0,,l NDC 00168,0004 15 PAf. 0 1 Ci, 0 I'C MEDICAL SIEROH)G Decrsdirm 4mighml, 5n,fl vull -_L�!,r IF SuMAer NIX 5515 0236-05 ME,G I D4 00 MEDICAll - MUMCAI IONS hrJ*Duse, qkcJRvWed Uiarcoal), 50 gr tube Pei, I F Supplier N{)C 00574 0117"p -7M MF- 0102 00 MEDICAL - MISUILLAINFOUS P&DICATIONS Hilstflmine, I12-74ntagicm6l, Cirniefidilne 200 nq I MAK 100 Tablels per boffle Pei IF, Supplier NDC 00378-0953-01 - IVIF,C)ID4 010 M E 0 1 (", Al.- - MISCELLANEOUS MEINCA '110NS r4sulin, Reg(ft Human, Ifile(Awn, 100u I uml- 3 RnI- vrals, lV/SC, Per IT soppher KIDC 00002-82 p 5 17 MF -0 107 00 MEDICAI, MISCELLANEOIJS Magriesium SuNale 5011% 5gunji0irni vials Pe� TF Supplier NDC 6332-MOCA 11 MF -0108,00 MEMCAi - MiSCELLAIrd.0US bi EDI C , A I I C)INS rdavufltol, 261K,,, 12,59IIV50uM vials, IV MG -010600 NEC 0040$,)-4031-01 PAF 0109,0(l MEDICAL IOISCELLANI:.�.Ous MEDICATIONS Phenylain, In5 jeclion, (imq/t,n), 25CrrnW5mI vWs, IV Pei IF SuppWr ---I- NIM, (706,41 M615457 mil-'-() I It 1 00 MEDICAL -- MISCELLANEOUS IMMICAIIONS F'Ifrenyfmn, loonqpre g, POO, 100 per jir�j Ile ........ . . Per IF Suppbef . ..... NDC� 61672,4111-01 W-0112,00 MECHCAL MISCIEUANEOUS MILDICA]IONS Pralidoxirrie (Pmlc�par�i), 1gini/20nd vla'$L 6 IMF h091 Pei, IF Suppul"'r " "' P", I NIX 60977 0141-00 W-01 l5 00 MIEDIC',Ak RVIISC,ELLANEOISS I ruvirrdFKF,� AnfiretrovirW (Enrldc4abine,' T(3rjoft7vjr r)�$*prox4 -I uniarWe 2(')0 MEDIC,, "NONS arg 300 mg) Film Coaled Tahl(A Botfle .30 TablePs Per T F Suppliel, NDC 61958,0701,01 LIIF-01 16,0r) kIEMCAL WSCIELLANEOUS Isenum RWO mQ Oral Powder 60packs Rur box) 60 lableis MEDICATIONS Per F Suppher S I 'I 7tF WC 00006 3W03 1',',0 MF -07 18.00 MEDICAl, MISCH LANFOUS MEMCATIONS Elorrijifate, 2mgIrRil, 20mg/loao vrW, 10 per box Peg 11 Supplier -- Nlj)(� 4"u014 3,950(� 1 (1 lAF,01 I D �00 DIED, CAL MIS CU. LANE OU S MEDICArIONS Dipheinhydramine, 2,5mg, 1-10, loo per ticjOlo _ I - r !Per IF Supplier NDC 6789-60681 01 MF -0 l20,00 MMK"Aj, MISCELLANE(YUS MED[CATIONS Diphernhydiainfine, lng%mi60mg6old, Iml ViWs' RIM/ Pe; I F Supplirei NDC 00641-0376-25 NIF 0121,00 MEDICAL MGI SCI"11 1. 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Rallbips Var(.",ine ([ hnnan Etkid Cellt 11 mlhirA &me P" rfief NOC 4928 1,0250,5 t M1111003,00 UMUNrZA11 IC)NS i r0AF1 0.5 ml:$0V'TM anus N oxoid Reduced Diplhilheria I 0,*Did and Acellulm MEDICAL Eur YF Sufrprw NDC 49281-0400-10 hl H, 0 104 00 IIIAMUNE GLOBULIN Pedussis Vaccine, Adsorbed, Preservafive Free, 10 per I'm MEDICAL m CANINE I REAFMENT dhNropine eye drops .115068 MEDICAL CANINE 71441ATMEW Dexamelhajone 2 ing(mt ('100 rnl vian or affier availaWe wvrourbl Biffieda m4-01moi) MEDICAL CANl1r',lE TREATMENr Moick Veterinary Mant uaIft Edi flo n or newer linteel Search m ve lerin m V p u i anuall, nol F011-0107 00 hunlan mcqasporn' Canine, sized 10 niecq canine need,,�, ;cvr omflvaleril Sam Splint) 6 LvyroL5 1�tgk�me��Xet&q Mason Splint 10R,651F MEDICAL C AN I N E T REATIM EN T Wall 2 of each We, sm* medrurir, iaq je fli medlunr JOR651 1 �CIG M � 0 109 00 large J41R651 H Marge MEDIK,A11. 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EtWcorl J935H MR -0103,00 MEDI(',AI PA11EN1 HIM Packs , Msposable I ;E rnpkry Ability 4298 95298 PAP W05,00 PJEDI(',A1j, IMMOBIR I1AT1,011 A Longboards, Stokes CompatkbIe, Floabng 1"ype, W/Str�ps Iron IDuck :3577.0 M0,011 0 00 MEDICAL EXTRICATION Bandages, 'Iriunq War IQ(ij, I G J2050 IAR 0106,M9 ME.DlCAL PATIENT Goves, I Wex, Menle, suz®rd to Rhee? Ieani naerls, paIIIj, IVIedfine ifIdUsInes 291059 tAF` 01()7,00 MEDICAL IMMOBILIZA1 K)N lBoard nunobAmIon, Pedistfic, compleire w1bag AfIled Heafth LA84,0,40C mci ol'I'l oo MEDICAL JI 11"'IERSONAL Pioleclus, face a0 eyt� urgiuA shield, bux Products 0. SP) 29(381D MP -01 I 1 00 F [E N - T . .......... 47 l47 -- MELACAL IMMOBILIZATION t Sli aps, Bai*bowd, 9 11 , nykin (Spain ei Stuap) Boundime 50131 MO -01 16,00 EXI'RICATI()N .d':I MEF,JICA[, PArIENT Bracket, HeIlrnet, FOR, FULL -FACE FAcIESIHIIELD tt-)]A�ECTRIC) Bu0aid Company 400 MEDICA], DC MOBIUZATION A Imotalizei, vaoium mattess, (Optional Purchase) corllfwfa VSB 7', or, mo 011&00 MEDICAt EX IRICAT-iON Facas-hield, Fuli-face, CtEAE? PIOLYCARBONATE, BULLARrD Buflard Garnpany 880P MP,01 12,02 Mf"IDICALAp PROT'ECTION � ons, PIaP11ItCr dif'ipOsable, Iqjht w6ght, I 00holl ""' Z- 1 - 5814231 101, mil"%000 MEENCAL PA rfl.'N I I PEIR.SONAL. Boot cove�s00rotect, pSMMY bools ftorn Im0 .y fluids), djspLvsablo� P"ail, Oweim and blinor �6716042571 2(.44 2 '57 1: MP 0102 OO MED C A1. PROTECTION ... Suture, 4-0 vicryl on a PS -1, trox: ..... .......... . . . . 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MR fl)l 18 Of) MEDICAL WOUND CARE -I" Gauze, Pac*mg, ladolonn, N", hol:Ide DoSupply . .......... . . ... . 112 114 kN I $9,OU 9ctors 5146 MEDICAL VdOL,[Nf) (,ARE Gauze, ftaps, 4" mdthr IlKerfix rylpe orequivafent) ADI MeOcal 25046 811X346 MIR 0120 00 MEDICAL •W()UNI) CARE Peroxide, 3%, 16 oz bottles Modline IVID9098001Z 600r`529 MIR1,0122,00 MllII 9 t)Ut,1[) CARE Rani, DItunable Garlarrit R 4845 . . . . . . . . ... ..... .................. MIR-0124,00 MEDCAL WOUNC) CARE 0iflers, Ring, WAxNa Wades trvariru 1 360 MR-11127 O D E)WO11mucs Corp MEIDIK„Al- VVOUND CARE Scalpel blades (#11) and handfoa r.fisrmsablfr, box 010, box Gratiam,F I(Od 2975 1 h MR -0 129 00, ME11ACAL VA)UND CARE SralpO blades (#1Qt and haildfoq, disposatfle, box of 10, box Graharn-Field 2975-10 MR 01 3,D W IMEIDKIAq, WOUND CARE Brush, Scrub" Srefilo' I-libiclens, "M I boy, OvVells TAIry ' v MR-0131 00 72337400� MED116;AL 9ffi,)UND CARE SwjpWi, Skin, disposrable 31`4 DS, 15 -L" -O'r11, '11.1 IAEDICAI, NOUND CARE' Forceps, SpfinIler EfAll 3032410 ILalraand rree 2410 MR-01 34,00 MEDICAL VK)LJNF.,r (,ARE Sponges. SWIM,,, Gouze, 4"x4'', 21pkg, 25N",x Dukal 64112 VF',-0135 00 ....... . ....... . YA lI care JAEMCAL VVIOUND CARE sten strips, 114", box R'15441 r)6V`A1lr1K PAR,01 16 00 MED11(.3AII. 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WOUND CARE (Up to 80 (or IFAK IMN-0158,00) North Arriedcan Rescum 30-W 01 tAR,01Yj 00 (2 4 for M FA K I N-O 159.00) bresgino, FlonostaIlic Gmae, 7 11 MEDICAL WOUND CARE t Up to 8 0 for IFA K M IN-01 65AO) 7 Medica 100 PAR-0151 00 124 forMFAK MIN-0159.00) Erasfic Vkap, israeN dfe,�'spng MFDH,.',AL VA,)()ND (,,ARE (Up to 80 for IFAK MN-0158.00) rirst Care Products FCP02 FAR-0'162,W 112 for MFAK VIN-0169,001) WEDICAl W)IJINID (,ARIE Tapejllypafix 2"x2"irdl(7a:vc;oveirNuyrlirr:K:cjlloi4jdiesrjRil) $irnrlh A Nephew unkiwwn MEDICAL WOUND CARE Chess Seal, FIALO ou equivalxrM Curapiex G 111 63 IOR-0154,00 ERIC AL IAIS'CE 111ANEOUS SanItary Pada, box Medlt"e 1NOIN241281 Soundiree 441209^R IAsvo8o) MEDICAL -SUPPOES PAISCELt ANECIU-S Bag, bm hazanl, for merhcM weeire Medfirre NON203143 290591pa Nis 0'1'R 1 00 ........... 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Lai (,.te (I humas or Gonlera or EU) (.�,onlena or I'liontas S 10 1 f 8,011) SIEEOUS UPPLS W 11*44 MEDICAL DAIS E 1 �LAN (YU" Perm, black 2; p k g. 6'rAperrl ille 3131,311 m 03 19,00 SIUPPr..IE,S MISCELLANEOUS MAEEkpC1AG SUPPLIESd°t�aurtmlxOMWurMfdPachsFainaypauck,sN�hlsatrmal style L.A p,AYC72,d1 Sr112'C.f�D NAEE1111;AL I01SCED,h.ANE:.:,OU3 Power sDirrsarrgle pat'erlectalrr„ 5' eU Alel wdih Purge p5risle,c1 n a ireiriol t VPMiu 0IN MriS-S 02,3 00 SUPPLIESE MISCELLANEOUS .� Ewh%ewer ""A4.re GeM ISf3141;3.4h75, MAEIDOC�AIL PM SU Ldr_,1 Q.I oicaad Procedures 6n Emergency M�edkin Robrvis and I -led es PuubliWr�ugg Inc, (W Fa 07/ 1Mrd':a7604 V3a�k-f r26151 Sa ui d'3ers C ornpbaanyd M ASAI IJ, AN+rE.1,1US M,4EDWAL. Pocketbook, rarFASFc4Yr01'`edratric Emergency or 4"Cgddivelani) MS -0127,(V SUPII LUES MEDIICAIL Ma rSCELI„AN 4;1LUS Pocketbook rarrrsco n AA,dupp E:nnerdgt lrcy ror e rj ufueIrrinD MS -0 r28,00 SUPPUES hfiDSC1L.i.AN4r 13d,NS Mr4E F7rd,;Ad.. SUPPLIIIES Pockretl5r;xeyk Narascgala, Med d aridrid (,rlYrl kll C:.ae I (or w gu+fu UiVxld,4 MAIS 012"S 0cr MALLdi(;Ai.. hrM SC ElLd AAdLdrUS IPloorr'nacarmAkr»a, Er kel, fir$ascon (m a quiAveIent) _ I S ti 1.M4d,00SUPPHIES _. MAIS EItLAMdh C"rLUSe MEDICAL SS'dr"IFPL05SaarM Recon, Srau sir d irdrps FI FP 9 1.P' PA S-10 132 .9:;rA k4C,DICAI, bskd uC LLA,MlEd ulUS pocketbook, I ra nsrcuro Ierlernal Me dic.uue4, Or equdvedle ni, Id$' -0 134 DO SrLUDPM'f ES MAd,ad911:LAl, NUSC IFLLAaAN 439, S H ', Resresdadale, (s�srradwurch sre.dep 501box 2grodcrck (Johnson c Bgf13$)OfB 5S-0135, 4'U MPf IRIP,LLE;,.`:.+ .Utl'.'4hY.nson) MA1C DICAI, MPA"frENT' IAOINI GRIN G Ba itery, LhrUauiru, for Deli bnHaWnIhAon I lcrf r, '15 mom FPdly:Aurr (' ontrrur 2131x-6JUIl17f1 M41.0102 DO MEDICAL PA TIDE 4i MOM I ORIN G iLiaase,f1rn tet ive^. fn,r LP 15 M4aa60,01,11 s 1157,1.0017002 M21,0104 -Dux MEDICAL I T MONI G lM L G pripwurr roi LIP 15 hmMed ruAnws 11240-(9)(trj '! wr-1S11Jcwo MEDICAL FIA "f Fro, MdMC'iNI d K.1PIN+d(� (a dill d,pgaew ElIeOmlyle Arra icor, l0gallonMul fPurdiasAer) A bllO It Pori of Care M,.I)Wrn %3 MIT 0107..01 MAE Ii ICPAL f'`ATIH W M4d;2M4d1(Md7ING G.,aI EllIectrcalylu, nroiiAor, (Opitional Purchase) Aran:' oll: Pont of Gore Cr'4 A M1,0107 02 MEDICAL PJM.PE NI MOrATOMLING.:.�; CDurrIiI AukHrrafic Exlerr'NJ, 1, A41JNf71i P adsr�AVp7ad rfP'9r117M1'.:S, M 1,011 1,V 00 hNf-DIC'A'Ar.,. PA -1 iE1'l�r M.4 0 i" II BTG,) Rl M1 G Searso,1'°GC.4r'AY''UM,ar4l„PY9dull.3', lSI'K12.'.Si'"i0,and SPMei' Rad 57'r.l xyPdS"iB:6'k'er rlfilasirno 2201 1ti'i'-0112..'01 MEDICAL WAI'Ih"NTMaMa.3ENl1flkrRflfpf Semcry,ReiruablePediatric Rad 5 Oxyrnelser miruwrmr+s A2EST PkT-011202 d Yd', Bear r~ e%4able s rlsof (a��IDG"b2 UvlPd 3, ary L+M�°MA efr, 77,'d77,'dm Ex M I 6d4;;Ap.. PAI IENT &ION I f ORIING enspon x astre b 2407 r216' -9r112 0357 3 MEDICAL fPAp1lFNJU WAC'�dNJOf"CbMIIP4C3" t`s° #'rrrkc;do r fPsitica MurNmAt,€Tia 7 xprvfle9,eu' Uwkua rrvMua dCM9 MdrT.C11 .1MM MEDICAL CARDIAC CARE Adenosirre6 1Up12cxviirau Per VM^ Saappllucr' dC@l 17478 05.42..02 MU -0101 DO 5ML h1 UkI,, A CAJ �� Ali opine, `18uBfaale, 0,1tn glrrmp g I m , IuJ N pre-li led syringe ru.awagrlheIr lerp '1 MApf1M�� 004CIG 1M; 0-10 M U -(b1 f3,P"_00 WAC � MAEF"ICAs,. AC IACCARE A'Ariopi+ta*,SultalceM>UAnipgUrrw9,"P.t7CCViaall � PeiTFSualvpher�.... N DC 0064I6(tIX3,10 1 01103.00 _ MEICATIrONS MAdpuCapl; AAE �V"BaA CARE Cp C irk*jir1 C Vvlr.riiije, O ile duu 10%, 101111 ,lurid pare filled syringe, Per -IF SiupirRuer' NDC, 0(7409 49 211-C34 M U -01(d4-00 AfFUAA _ dAR[)IAC CARE IM--DI1wAt MAMI f1NC AJ rON+d ,2OMI d.robutaamrrne: 12.c�airtu;;Wi 6oro, /III[ Irlravl 7M ;i11A p2Yr u Pei r p'a` Yapayk3cu NDC C:1i'4 a e214 6.4 $3 MAEV•wb1NJ"d".Ch(% MEDCALL ARr,,RAree�V'IONSC CAIRE Dorru�al babe, 4hlalreg/mI, 2 3w rngro darrrr v01 25 lm box IPef IT Supplier rdl7G; (1WD x805 -2d5 PAA-4D'd(98 00 1Ma1'i RIDIM,"V"E,4U°.: M ED'114:�AL -9"AfeCsOAry Ep irRephulrre d 107 UA'!d."VWU ln�agrylnl. 1urdg ple-fiffe d syalarpgtr 1C$perbox dPem TF SArraprhr7r..... NEC 00409,4(121,34 PA1�U1u1(19. u MAM.k".i18'JAr. hil E E Y1 CAT I ON „" ip uurrsca�r�iide 15 rage, 0 1iAd1irr g vdcad Per TIF Suipap li er p'alMaL. <5uP"I.a„a�1.d471.3�44 MAr.U-9x1141 5qb . MEDICAL AC CARE _.. ME CARralr7,,IONS Hel.urarin, [njuclrrsirr, 100011 30nd rr ulli-(lose vW Per 7F 2U ppheq NDO 33739 ,0942 29 M I OHI.00 Moor DDu;AO. AR f. ARE r rabeu lol, hije° tion 5fn'rpgAnr, 'pC,b(Wrgg rau�Elp-dose vial...... Per MF Skiprp ker IIIII)CY �4"7"'1S 1-0686 -29 MU -0 d 12.00 GMAC LIfiaNS iAhraDIC,Alll..... CARDIAC CARE- 1 u'dhic arrl e P'A drrprecOoui, a 20mg ml Il IWrn g pre -filled syringe I Pe.r 'r�F Supplier NDC004Wd 132,r-06 MA U,0114 Do � Md� rirrlPA.T`IrEM65 NeEL;II:AIk"Cr"tIL 'CA14AAC'CAP1'k•:: MJ'rDic E r»rcarnaar 094111, a�foerbrW#esp'Vhprl+lra.,e.sprr«alEcrodd.Grr frerlF`S`A)lhiher �� pp � NDC:4�5'IW2-0210,01 N2u101150cr NJr4r.DIGA11°ONS MEENCAD, A CC (,ARE l,",LbdCCA 1"MO NSs pPraortamarnidO, Injetclicrr, AC911rrru Brnl 1 i2u'c11. vreahs SU Per 1f" Supplier NDCJ 00400 1takY',3,01 IOU of r 7 00 E.DI(",Ar,, CARDdi lLLoDIIAt', C�NM ;`u9:1 turn BkmrLenale b 4%, 1 rircqlrol, 50iflAlagiWPrtir i>I-n.:roNW d synrges Per FF SIA Ppalde'l' NLdC; v3„wpf,A¢d G637 -,W MU -0111K00 DE 00 628 lAt'.,A)ICAL I CARJ'AAC CARE, Arniodarme HCI (Crrrdarrgwp l50 rno vial p "F suiPPIRef NIDG 0()j43,9875-25 mu -0120,00 WINCAriONS hJEEICAJ,, I Lovenox C CDA Sodom), t 50fnq prefill syfinge, 10 per box fyeTF Si,q)pWr 11009551,1015, 10 M U, 0121 00 DjCAT1IARMAC 0NSARE PAEDK,AL. CARMAC CARE MeWpmlol 50 mg Tab, 100 tablers Fier bottk, Pea IF SUpf)WRT NDC 65662-0063, 01 MU -M22 00 MECJICATI()N$ MEDICAL CARDIAC CAPE metuprGlol 11ing/110, 511it 1031, 10 pfm box Pw TF Supplier NDG 47781 ()5,87,17 MU -0123 00 MEDIGAnONS, MEWCAL. CARIDf,;IMAI'IUNS, CARE Dbazenr mL w, 10 per box Nnghni- 25n)W5al lieC Per Suppr IND 17478,0kr37-05 MLJ-0124 00 MEF)l MEDIC, C. CARDIAC CARE, Epineptirine (Adiemofine), � 1000, mirrifi-dose 30cc virals, P e r T F SuIlI kl)(; 42023-0 l 98-01 MU,0126.00 AEDIGAL MEIDIC,Al, MEDICAL. MEDICAL IMEDICA1 MEDICAL MEDICAL MEDICAL MEMCAl, MEDIK I .AL MEDIJG'Al, MEIMCM MIEMCAL MEIrCAL MEDICAL MEDICAL MEDICAI MEDICAL INAL-DICAd. MEDICAL MEDICAl MEDCAL MEDiCAL EYES, f,",ARS, NOSE, /J t HIROAT l I f."AIRS NOSE, HFWAT E-YF-,�S, EAII plo,,r, FYIES, EARS NOSE, I I UYIES, PAIRS, WDSE, THROAT II FAIR$,, NOSF, THROAT E, YE S, EARS, NOSE I HFUM F II EAW NOSE, [HROAT F YIE 13, EARS, NOSE, THROA] Pei TF &AppHI ]NDC 4934P,0990,44 I MV -0101.00 Lozenges (CouGh Drops), ffiroak (Strcmts (,)q equivairrinl), 301ift Oxyn eliizoline Navd 15cc boffles fiera, Epwsiaxrs, Rhino rockel, ov EQ k 84ullor), Gentar"york Ophlimirnic, 0 31,, 3rnr pqrrl 5ml bottles IL Oqntnrent, Geralarnydil OPIhMalink: O3"A,,, UnWg, 3 5g lubes crenall NeornVchn Suliale Polymyxin B S0,16- 1 0rc Dropm" Bolile 'M ml, Exan), ultravidet/vrsible, wjilu Enagriffier, t 10 VAC )n, Eye Flush, Mcc (I oz i bofltu� m Eye, PloWc n, Eye, enflon, indinnidualfly wrapped Fluorescein, (ioftdoaily wrapped), 100 per box Morgan Irfigalion rje, 11A, eye drop, 5cc I A OphOralmic AI 2 4 ml hoftles 5% uniclose equivalelil of ;ak)e, 12 pf.f box zeR MAD Nasall Intranasal plucosM Device arg Diaz")am In 2rnL, 15 unts twu box, 4 Year Shell Arneirsourcm 437582 Boundiree 041MD MV -0102,00 Fm P r -gen Gy -Fie(lk'fo 111214510019 MV -0103M Pmducls S05(Xi, Pei IT SuppkvR NDC 1747,80283 10 MV 0104.130 Pei TF Suppher NDC 17478-0284-35 MV -0 105 00 Pt"'r IF supplier NIX 61314 ,0645,1 10106-00 General Meclical Burton UV1403 M V- 0 10 7 00 Pei, TF suppher MedlPru bledique 1 1.'Wa optilsourice 5E'-AF`(lK,.T52 m V- 0 1 (A) 00 Bouncjl(Mlle (0)84 l lAWDI 10 00 Per TF Supphei 1I T7236-DVX) Ul fAv 011 l'001 11 ri'leirtgeorcy Medical LY 12W MV"() 2 OD PrOdUCkS Pm if suppliel, 110C '174"18-0215 05 VVI 0 113,00 Flep IF Supplier 110006510741-14 r1TV 011 l 4 of) BourrdVee 40D124 IIAV,01 1500 Medical NSN W 650,13-0 l 274- m VV 1010 1 00 2�!� 0951 MrAical IN0,3'i'l 4 6910,01,275, M W-01 02 W) 4833 1040 M M0 103 30 MVV41,104,00 71) f1mW 01105 00 N1 Vq 01 (6,00 MVV,0107 00 MMM08,00 629 Diazepaim (GMA� I-mriner, 25 per box ---- DflerchnollNlies Case, 0/alelprool, Lifetime Warrardy, Yello"witli a clear lid custoin WI Pellican for USSR . ........................ ..... . ........... . . . . . DeW, DHS I Kil, for Flehc,,ari Mic. ro Case 1040 Canteen 1,,owreq, Yellow w4b Cumrn letiering fo� US&R, Fire Seimce Spocfta hon # 51 W 217 G oproffaxadi e H(D 1500 11 Yg Tablet, 100 1 & lel s per BaH I e Per TF &hplpller Doxycydhe, 100 ing, Uri) per buttle Per DF` SuppripR loiflde (Ir)SAJ')� JSP 130 nq� per lablIe, 114 lablIets pt,,r package, Fleu � F Suppher Ha%d sido PackaqinQ, kpviox. 5 veor she" life INSIN 8465,01- 17E01 ,r NFIES1529 NV,')C 167144 662 02 NDC 00143,3142-05 N EYC 51800 1300 l -Cr l PLAINMING SWITULS Cil, Plannirg Crili'mer, to include rlems li.,,*,IecJ below. F'xolol ou P - loorin S - II WIM IIES CalcirMloir, handh0d, AA l>atery piyaered, wt talpe C�anan P23DHV PA -0 l01,i) P I ANMING SUPFILlIES Chipboards, merral boupd, wAh slorage pock0j, fire� if)elpol 729882 PA 0101D2 PLANNING, SUPPLiES Pcoleck.rrs DocRarneff, plasbc, clear, 3 hide pqjn&&d, 91=box) -Iofficx'� [)Opot ODSP07 PA -0101,03 68 THROAl EYES, EARS, NOSE 4 I fROAT 629 Diazepaim (GMA� I-mriner, 25 per box ---- DflerchnollNlies Case, 0/alelprool, Lifetime Warrardy, Yello"witli a clear lid custoin WI Pellican for USSR . ........................ ..... . ........... . . . . . DeW, DHS I Kil, for Flehc,,ari Mic. ro Case 1040 Canteen 1,,owreq, Yellow w4b Cumrn letiering fo� US&R, Fire Seimce Spocfta hon # 51 W 217 G oproffaxadi e H(D 1500 11 Yg Tablet, 100 1 & lel s per BaH I e Per TF &hplpller Doxycydhe, 100 ing, Uri) per buttle Per DF` SuppripR loiflde (Ir)SAJ')� JSP 130 nq� per lablIe, 114 lablIets pt,,r package, Fleu � F Suppher Ha%d sido PackaqinQ, kpviox. 5 veor she" life INSIN 8465,01- 17E01 ,r NFIES1529 NV,')C 167144 662 02 NDC 00143,3142-05 N EYC 51800 1300 l -Cr l PLAINMING SWITULS Cil, Plannirg Crili'mer, to include rlems li.,,*,IecJ below. F'xolol ou P - loorin S - II WIM IIES CalcirMloir, handh0d, AA l>atery piyaered, wt talpe C�anan P23DHV PA -0 l01,i) P I ANMING SUPFILlIES Chipboards, merral boupd, wAh slorage pock0j, fire� if)elpol 729882 PA 0101D2 PLANNING, SUPPLiES Pcoleck.rrs DocRarneff, plasbc, clear, 3 hide pqjn&&d, 91=box) -Iofficx'� [)Opot ODSP07 PA -0101,03 68 THROAl EYES, EARS, NOSE 4 I fROAT Diazepaim (GMA� I-mriner, 25 per box ---- DflerchnollNlies Case, 0/alelprool, Lifetime Warrardy, Yello"witli a clear lid custoin WI Pellican for USSR . ........................ ..... . ........... . . . . . DeW, DHS I Kil, for Flehc,,ari Mic. ro Case 1040 Canteen 1,,owreq, Yellow w4b Cumrn letiering fo� US&R, Fire Seimce Spocfta hon # 51 W 217 G oproffaxadi e H(D 1500 11 Yg Tablet, 100 1 & lel s per BaH I e Per TF &hplpller Doxycydhe, 100 ing, Uri) per buttle Per DF` SuppripR loiflde (Ir)SAJ')� JSP 130 nq� per lablIe, 114 lablIets pt,,r package, Fleu � F Suppher Ha%d sido PackaqinQ, kpviox. 5 veor she" life INSIN 8465,01- 17E01 ,r NFIES1529 NV,')C 167144 662 02 NDC 00143,3142-05 N EYC 51800 1300 l -Cr l PLAINMING SWITULS Cil, Plannirg Crili'mer, to include rlems li.,,*,IecJ below. F'xolol ou P - loorin S - II WIM IIES CalcirMloir, handh0d, AA l>atery piyaered, wt talpe C�anan P23DHV PA -0 l01,i) P I ANMING SUPFILlIES Chipboards, merral boupd, wAh slorage pock0j, fire� if)elpol 729882 PA 0101D2 PLANNING, SUPPLiES Pcoleck.rrs DocRarneff, plasbc, clear, 3 hide pqjn&&d, 91=box) -Iofficx'� [)Opot ODSP07 PA -0101,03 68 THROAl EYES, EARS, NOSE 4 I fROAT THROAl EYES, EARS, NOSE 4 I fROAT PUkNNING i SUPPLIES Mmkers, My Dase, Pk51, (blue, black, iod, gieon pei pkg) SanIord 800074 PLANINING SUPPI, ES E . �raser, FNy Eirase Saplftwd 8 150 5 i,','A 0101J)5 PLPOINING SUPPLIES Envelope, 1'ransmitiall, 10" x v:f"(Wloftmx) Coluirobum . . . . .......... . C .. 080D PA -0 101 06 PLANNING SUITE IES Envewpe, #10 ('IoWbox� Columbion CO284 PA -0101,107 PLANNING . ... ......... . . SUPPLIES . . ......... E.4welope, Imamfla, 1C X 13' (1043/pko) CohjmWan c(A.197 FWO 101.08 PLANNING SUPPIL IES Foldwu I!::: le Lef leir Furan d241pkgp smead $MD l 1929 PA -0101 DD PLANNING SUPPLIES Folder, Fu If(,, Expandable, Lefer Size (51pkg Srnead 1534G$$•i\Z, 71A•0 1 O1 a 0 PLAN4INd2 SUPPOFS Ghm Slick . ......... E515 PA -01011..'V1 PILANNW(,3 SUPPLIES Pen, FlIghfighW)i, YOlow Sanford 75 D25, E, A PA -0101 12 PLAWNG SUPPLIES Flonch, 3-floie ErowingVpne SW1 74037 PA O�01,13 PLANMNG SUPPLIES Card, fildex, unruled, 3" x 5" (3001pg1 Oxford Oxford 10013 PA -0101,14 PILANNIN(i .b Curl, index, nAed, T' x:5' (300(pkq) Oxford MOT PAA -0101 15 PLANNING SUPPL I i:�: S Pen Wjrkcip, walw B011UWe, Wank . . . .... ..... .. . . . ....... SaWwd ............ . . I 160011EA PX0101 16 PLANNING SUPPLIES Pen, Maiker, SmW black, IncleliWe (12 pkQ) d1360tIRA,-11101,'17 PLANINING SUPPLIES Tiansparency, Overhead, cIew (Wser pinmer ca peabw'� (50fpkg� 3M CG33%J 0101 1 B PLANNING SUPPLIES Paper, PaM;, Graph,'NIO" squates, 8 1a2" x 11" . .......... Tops 33WI PA -10101,1:9 PLAINNIIN(JE S,AJPPLIES Clips, Paper, Jumbo, (IDWpkq Office, Delpm 04B07 ('xA-010'1,20 PLANNING SU" PUES Paper, E`Wn, I rearn Office Depot 00841 IR 71A--0101 21 PLAWNG SUPPUES Clips, Flajw�, RegWar, (10&pkg) Office D("'Pc' t 1 W06 PA -0101,22 FILANNING SUPPEJES Pmbl Grease, black (I Vpkg Shmpie 2089 PA -0 r 0 1 . 23 PLANNING SUPPLIES Flemb, Numbei 2, mechank,,W, dispusablc (121rAg) Sdau3card 30301 I1A-W01 24 PIANNING SUTTL UES Pen, Wpck7W, bWc� 412/pRg1 Papermale :13311 PA 0101,2,13 PLANNINrj SEJPPIJFS Pad, Noie, (sell sUc*) Posl A 654PP 11 11 J I A, of 10 26 PLANNING SUPPLIES Pin, pusi (100/1*9 Chm],", Leonard I,FO200AR Ran: -010127 PLANNING UFafPq,.IFs RUWXTI)WO, O)OX) Alliance 2(645 PA,,0101,28 A, SUPRI.IL$ Rulers, 12" 1072 PA -0101 29 Pi ANNII ... ...... . ... M)PPE, IE S scms or,, Fiskws 350V7297 PA -0101,32 PLANNIN(,', SUPPLIES StafAe kenww Office Depof 102900 FA Wol 32 PI,ANMNG SUPPLIES StaIder, deask Swingkike 74771 --PA-0'101 34, PL A,NNWG SUPPLIES Staplps, qwe, teas desk Map0er, br,'ex 0 Ffice D 711171t 7-K E A PA -0101,35 PLANMNG SUPPLIES 'I ag key, bl'ank (2WIpk[j) MI011F InclustrJes 371651 PA -0101 36' PLANNIING '-L"p SUPPLIES Tape, Masking V rolf Smtclh 2WO-1 PA- D I (I tl 37 PLANNING SUPPI IES Pen mrreokm WWI BIC 45065? PA -0101 38 M.YkNNING JNUPP SL, _ It r SLIPRIIIES Pad, Whfing, Slerkographer Oifkm Depof 99470 PA -W01,39 Pl ANNING SUPP LIES Pa'd Wrifing, 1-01PR Spze Office, Deput 524-785 PA-01CO 40 PtV,ftN(,3 SUPPLIES Form, IC$ 215, VAA0 Size, Larninaled I rder Age n cy F Ira INPES374 PA -01(H,51 CeWer PLANNING 51.9144 1E, S 1, Cards, kCS 219, blue, tan, whae, yellow, occl, green, glay In�er Agein cy Fife N F'E S 134 2 Ihru IDA -0101 52 C04 0'ff Nl:�ES1350 PLA SUPPU, 5 F 4,,Ik I •cwd 11,1,3 Emor Agency Fu Nl,�ES1352 PAORD1,53 PLANNING SUPRIES 'S rm" . . ........ . DowrftadlPfij 0 from PA (1101 hlteff]M ,54 PLANNING SUPPOES CaWoj, kCS Ftwum'� DumiloadAhint ftmv PA,0101 55 PLANMING (ki[de" Held f 0p rminns h EWA us&R Response Svmfum 0 56 PLAINNING fARPIJES Guide, F leld OpeuAons� IC$ 420 1 Drvwntea"r':;7 14201 PA,0101,57 - - -----------hllo','ef PLANNING SUPPi'llEs' Kvldbook, Firelline Inter Agency rire NFES065 PA.0101 50 Center PLANNING SUPPLIES Pihleu, Pioftat, 24" widI� i mininwin, wl ANessolhes . . . . ........... HF, DlE',-`,I(3NJET b 120 'A 0Vf)jl 0() PLANNING SUPPLIES Sland (Optionall Purdiase) Ilp 33035A PA 0 1 W,O's PLAWNG SUPPLIES PafmR 24"xI50' 1;1860A FPA -01021.2 CZ 12.cw HP 711 EN PLANNiNG SUPPLIES 4* (Spare), 1 0 each cohr ilp (',',Z 0 30A HFI 71 m Cyan PA 0102 03 C7131AW711 Mag G Z I 32A 14P 711 Yel: r FIVE WE% w [*R RESCUE Pl IC POWLRED 0 hng, tleplacernents, lo� regu0f(m ll SCMA bottle connec.flon Paratech 22-550195 . . .. ....... RA -01 X2,19 R E IS IC EM E PNEUMATIC POWERED rooits i ! Valve, Relief, Am brig, Pod* high-presswe alt . ........... ... . . . . ........ Paialoch 22-89()490-1 SO RX Eat 13,00 RESCUE PNFUMATI): POWE'll 1 (�) 0 L S . ............... Gun, nafl, prwurnalrc, 8D "wough '16D gencrall purpose 325XP �4ZOIN) W RA,011(3,00 F, EIXUE PINE UMA11C POWHED T(,)OLS l Air, 50' soctions Flaralech 22 890541 l 116 0 11 RESCUE PNEUMATH,' POWEl T'DOLS l Pneumatic Gun 8D, box senco KC29APBX 7fA 0116 02 FIK - IUMAI C Malls, PnelminakSon 160, box Soli ou GC21AP8X OPERED TOL SOW RESCUE PNEUMATIC, POWERED '10OLS Regulator, gn,line, Spee dlWfe 4ZM08 IRA,01 16 06 RESCUE E [�') ONE (l TOOLS Gauge, ReWdMov ER Metek P5001K 160CBM RX01 16.07 IRESCUll..� PNEUMATIC POVVLRED TOOLS PiWon Type J6,000 135 PSI) 22,89540162 l 08 R E, S CU E 1-NEUMATIC POWERED Nil 114" Male, (infine ke31 Flaralech 22-890667 RA TOOLS -0116,09 RESCUE p"'EVEIUMAEICPWVEFZIED Nipple, 1/4" Couishniq l (lnhne fieql Paraleoh 2 2,890712 RX01 16 dQ 1'00LS PNEUMATIC POVA"REF- Shut, Expanft)W, Acme Rescue 21Y' 36' ParzmeO 1 22,796200 RA,01 17 01 TOQLS RE'IS'CUF? PNEUMATH.' F-. P0VRED TOCA 1; Strut Expandable, AcmeResr,�u(07` 58" . . . .......... pairal , , _._ . ...... 22-796202 RA -0 117,02 FPS `Uk PNEUMA I IC POV&RED TUCKS : Slrult, Expandable, Acme Resf.xw, 561"' 88 P rirsaPuecFa 22 796204 RA -011 7,03 RESCUE FNELAAARC P0NLRt_'1D StriA, EKInuidable, Arme Rescue, 19" 26"' . . ........ . ... . Paralech - 22-7962013 RA 17 04 1,001, S -01 RESCUE PNEUlFIC)VVERED TOOLS Lead Cell, Shoire, Expandable, 200 l Load ndioaor Para 22-79651,,Cl RA 0117 ()8 1 RESCUE PN�-IIJMATI(� POWERED Extension, Shrul, Expandable, 12" 22-706012 RA 17.12 T0()LS -0 RESCUE PNIFUMATI(', POVffif'�,ED 'Tool F_-te�nsw,,Ylul, �Eplwd.�NWIS- 24" Pwateoil'i 22 796024 RA OE1 s 7.'l;;P RESCUE PNEll F'0VVrRl xllens[r8ra, Exllens0n, Swul, Expandable, 24" 36" pariteal 22- 11 7 1 9 11 6 1- 0,,a '6 .... . .......... . RX0117 14 it RESCUE - PNEUMAIA(',� P0Vwj1:-1REFl TOOLS Pad, Napling Pad wiflh cWjop Pal 22,796311D RA D 11715 R E S C 1.1 l_`. PNl11UMATIC PO"ERED Reguialor, VneurnWic', Shore, Lxpandable Palalech 22 89540UG2 RA 16 I-OOLS -0117 RESCUE PNEUMATR, RVVVERED Tool I os'e, He, Shom, Expmidable, 32', YELH)W Pwakwh .................. .... . I 22,890520 - RA-0l'I'T 17 RESCUE- PNEUMATIC POWERED 1 00L 6 Conorolltef, l man, Shore, ExpandabW Flaredech 22 796t03(32 RA -01 17,16 RES( I :k)F, pl T 1 C 110WERE D TOOLS LBa s el:,IR, I � :g! d ,10 pa_rwach 22,7961 70 17A -01E7,19 RESCUE' PNEUMATK, POVVERED 1'() 0 L r, Stro l, T tire 11� d ed, Aci ne, ' Sh w E e xpar Rdab I v, 12" - IS" Plaratech 1!22-796212 11A 01 t7 20 RE SWE PNEUMATIC POV&REID To(`)4.S Raker Rail Latch Base palaler"11 22,79f,1250 RA,01 17 91 . . . ........... . IRESGUE PNL`)l TO%S POVOE'RED kakedoncnon Beawe Paraltec Ih 22-796290 RA -0117',22 1C 5&3UE PNEUMANC POWERED tlaaevrRaESpfic pwawob 22-79641,39 RA, 0 117 TOOLS 24, RESCUE PNRlhlAT[C PO�vVERED 't , 4 00T.S Raker Angle Base Pamtech 22796475 IRA -01 I "1 7 "1 11 2 11 5 -- RESCUIE F`NlrOOILS m Pvvt:T4.Er5 Bass, swlivel, 6' Paralech 22-796060 RA 0 -R[ 117 26 F -S(.', J E PNE.Ul PO'AFRED TOOLS Base, Hinged 12" Wh anchou nn(g Paiatech . 22-706180C . ........... ... CU RAS -47117 2"1 RESCLJE PNE LWA11C POVALRED Racl RaO, W Raralech 22 796258C l 117 28 Chadd RFSC,'1UF _�CuF PNE(JPJA-HC POWERED toots Long Shore Emerlsion 236 PmMe0 22 796342 l 01117 122191 Rr PNEUMA TGOLS Long Shore Extension 435 22 7t3a3•5�,) RA- 0 1 7,�10 RESCUE PNEUMATIC PS)VJE-RED roots Long,131hoie ExtensOn 6.35 22 79OV6 RA,()l 17 31 RESCUE PNEUMATK,, POV4,",RED Raill Lalcj .l FkAder Phralech 22 796656 1,0011lS RA Oil 17 32 FRESCUE PNEUMATU," PDVA,`,`PED 7(10� 51, Harnmer, S b o r in Tj . .. ....... Pafalech 22 796430 RA 0117 33 l R E S(",' U E PNEUl POT/�' 'TOOLS lose, An, Share, Expandable, 32', BLACK ParWech 22-690522 17, 70 631 RESCUE PINHP1b1AflJfigSIC bOWEh"Cr:D How Air, ShofeExpandable, LLx,fdEI Pall 22,890521 FRAV011735 Er,1UL.T& F"trale:a�k`i 21 796035 4'u2M, Ci I N % N,tB. ''... RIESCUE Il HC; 9""MNhAO+'E,RED Barsaa. Juncidaan, Lkakere�1L �,. 9 E�'7C�A•C11�FA,U1 TOOLSTOOLSPrarAAh . FRC"�,"�t,lE:._ M.�6�FiUhwfi/`TQ()LIr'JWEItm�N.L.5.. Raker Ar'uoaaL.tmw Pamratrech 2Z 796475 RA-0118,02 f NP'wUMA 1IICL E"vOVI tTIf D � RESCUE 1 C„p01—$ Fdakena IIA t apc.C� Eers�A, � I aalagMaachr 22 7,Bt,3„k„CR RA 0118 Wi E E,CUE PNEUMATIC F'°4. WE"1+11L C1 MR rV 1 L.aR;Eo M Icrlcic.r T nraAe,,np7 k2-796656 NTA 011004 _ TOOLS T�@4iL MA IC FwED PRM.ks<;U 001lAhV Raker ail[ Sphr e Par aNech �'22-796469 RA 0118 05 FR,IL 9,C UIE PNEUPA TIIC POWERED EED Long Shore Extd.B1Pn"reUrf'235 Paratedl 22 796rM2 RA-011T1 06 CRUk PINI, ljPAATlI(' RESCUE TOOLS Long 1"rNusre IExilermi*rr 435 E aratea„ha 22 79B356 RA-E1118,M)7 REISGUE, E.° NGiCPNAFaNVU 6 9"IL Paid, Nailing Pad th r IaaUT4.) FlnrWechr 22-796310 RA-Ir1 NkC;'DN% DOL,EA L'S 'S FrNsNEIUhwMA'a R lC F°0kd,--,, 1ED RESCILtl.:. 1001-$ 13a"se,Hingey4'E '17""AW'th anC'.N"erIlf'g Parartl'(A 22,796180C RA-01 18 09 EAILG,fsUE PhaNE4 AIDA{1A 1C, t''aC1"AdL 1"1L:,`E:1 Racke Rail, EM parfatech - 22,7962:58C EkAC1118 tl'.4 t 01' s F>FN rmAArla NLk'a` 6'NG 81.,Uir= LS pd"1C:1Lk5 Long BM�reare F mYeuuwErsua 635C"areate.�C.N�p 2 2 741637CN ht9k,.r71 Ei1"N FmFB L7E PNE MAI IC POVINS RED Haier, Shorn79,6430°� nwr i frl haat'e41e¢,9a 2A %A^1B11E%N.ar I()0E",„A `UMATEr., E'1DM74 ER�1N,;9 RESCUE CUE: _ LM1 OL.,S Long h ure iLonve rier I artiaielath 22-796037 RA-fil18 16 RESCUE F"PNEiUMATIIC POWNV"Ei NarNer, EcrMln C1,1�'a Er111 Prro& cable E" NC350 E'RX012() CMD TOOLS t UPAA'NC34Jrt.�IC k4,JE%N:1CN � NAF S(,UEp Har'l arrtmrr, Ah, Quilk KI)t HI , Genesis AFk tl 89002 RA-0121 C1"N E'tNIE'U +EIR 6"°� a4G M1[%t'a RESCUE N`C7C1LS Sit, Curved 11M, 18" Crs rwsisARTffLi&w'1tM FNA0r21 Cyt RESCUE FINErU MATICy P(.lW RED INI cur ved 91st 8" Genesis sis A@RT8901 I FNA-0 h21.L113 1'00LS FINEtJMAT1CF1wk.ACrC RESCUE 1CN.S UNiCurved 9ai11'" a ti AN1&8012 dA=01 21 dA E :`a"OwLfE=. PN 11-1U14�@A'DC POWERED LgrN. IL%iaasM Au¢hkor. ��.... Y 1 Caa n stirs...... A R M 0,;101 3... 6RA•P 1;2 M PNd '. 1001,S . PN4r I?!ki E'1 L1M1F l C�. --------- RESCUE i"RrA'a,N"u�WM TOOLS 4?1.. a Bit, N IW race, 18" Genesis rAlR M EE3C'N'14 VICE 0121 CW,I ENL K. t;L E E'N :L RUhAIEofliF'R t" t L" Lp E R Bullpr l7'9Y', 18" Genesis iss A FkN90 6 EN4�+•-NT'R'l 1 07 F 9NE?iUPAA f 1L POWERED ...� RESCUE 'EC1 rj&:9.'a Bil L 4"R Panel[, 11'" L1e:"em ARI 017 Fia"F�.0121,08 4`bWwdF.':.tlhlRAs1VCE"'l1Mhr"N4l".i"r RESCUE Ta„8C t. w F"e'MM Lp1�Q&'P , r�Oti ou 4500psi Gem'. is _ AR-T8902 FR,A,NT1 �1 tNE I p IY,NEUMAII(C IPO" hr£°iD RE SC 1.7 —Is Free., Air rr¢NapOA lkt C,e9nsAIs AR-1 WF)020 RA,0 RA,1 10 FNL,Ul PE9iM!d FA T;ApWra'r�"r"N F.EI:) r"aq MJan"rro191 Morde��d Genesis F,RI8,(3AC1rl N~iA,0121,11 ElT RESCUE 6'INC::U1wlA R E4 E ovd Rli-lca C t.rulEalRXa raeN.A,vrtcesl Genesis AiN1CPTu�CV1�A ENArti1976-1 100h'.'1 E°N^NE"EUkA 4sVa9.inEwG:) ENPP SCUE foot-s Loan& CICA, ,Marr Expandable, ;N 1lD Eaydr L,4r,ws6luidk"arof tarale(% 22 7'965,50 RA 0126,0D N SNE!` OVI CE=f Lk1A P1F. roC�UN.W W GIYO 1' U r`klaaurrreat Base r 4x A, SPARE ar to- r;'1 22-706 'G A# NAc,&1177 taL1 RE,�'Lr0.VIG.: E'1"SE"=LMtVMrAT Ir B"""C,YM+"ua"N.VN,I.R'N tl d;NC,S L8 U diwiu'Wtlrd Las, 6'x 6, SPARE Yafa4aY14.e`,1"I 22,7M�..s9:136 MTA ,,CA17F&00 RE^`;dC,U`k 8'�"QaE-UMq AIrl� F''h.J'a+"vrR. PL_L°N t';nllYti`w'rx fl Ease.......__,. _ t 9rd'ANr„ch A 7'rDri269 q MI„A.-012Ei-CC1 RIA-012900 Ft.1UL RESCUE: PINEUMAg1NC POWERED ENukCA:NleaflFlAEp a^v8ttri"rr'zq,1xY�ErCn:6k O-�cWViaF�ILC.Ltl R Ei�arlx�'' N"m'AM...1V°v "1U ATt7 1 QDt„' �..� .L,3 E�ESCU V'hNIP�UtlAA 1W4 t�U1G h.iNFiG1 I 00L'$, k rel)d MCerpraWcernenl Kil., Anchor Rn r,,y (OPTIONdA1. PURCHASE) P arrate;ch 22-796188 MaA-4I6:,#1CPY r �/ �. ,, a i , ,�„ a �%,: r ,,,i ,,,,,. , , -,,, �;,,, ,... , , , , „ „ , , „ t . ,,,, a% ✓iia ��((r�, l�� ,r/. i„ / �/�� /, ,,,. r ENI SCUIE EL-EC p1Rlh F'OVA,'-RIEL711 Fdaa9v rC4�rtrt[�r C;ru#Liuro h CutNrz.r lai Edge ITa^nnei, Narwmasro LPC.NI”-20 RIB-0101,00 T0(aL6.i MRE°3S.OE EL.EC1t Cp'OWE6NLL;b 4tepWc„oaererf"0I larSe, Reb.art''Idieir Mlerineir-Naawn'an HE.1^sNCE,.NH M:3-13101 01i Tadu„MI,1,3 71 RESCUE I ELIEC IRIC POVI(.�REIJ B9, I "x 11", FIM chmel, Sell' shwI Mill 'I E SP SM 36 RB-01T%201 1001's - 4207553) RESCUE ELECTRIC POWERED TOOLS on, 1`09'% HIM chisel, seffshorperting HIM TE SP SM 50 - S RO-01OZ02 Et EC1 RtC POVVE.RED Bit, 1"09", F`61nted chiqefl, S0 Sharprung HIM FE SP FM 50 RR0102D3 TOOLS 0,5 (2065657; nc U L--ELECTRIC POWERED T0011,,3 Bit, 'l"x I V Punted chisel, Self Shmpinng 1100 rT fE ISP' FMA '3 83) RB-0102-04 -r (2065556) RESCUE ELECTWC POWERED Bil, Pomled, 15"' IE4128P SM40 TOOLS Hilli (1417824) RR 0 103,01 RESCUE ELECTRIC POWERED 'TOOLS 13fl, Fial, 16 Hilil TE•H2%]'FM 40 (417826;p RG 0 103 D2 RESCUE IEIL@ C rMC POWERED � =-s Drdl/Hammeir, electinic, 'I Q`vairjalAe speed, ndustrW gratte vd case Milwaukee 5378-20 RB-0 LCA 00 ELECTRIC POV&RED TOOLS Bit, DOI:, 9teel, '15 piw,e set, genemi purpose, 016", 112" WesTwaqd 40091 148-011 04 0 0 '1 RESCUE E1I.FC'tF4C OPOWERED T'()LS Bit, D" IM, rlmle fip, Masonafy, set 114" - 112" Irwirn 5026024 R8.01014,102, R In": IS C U E F,J,ECTj-0C POWERED TOOL.Ea B11� Still) Auper, 3/4" TIwjn 47312 RB-0104 03 RESCUE POV&,I D Bul. 811 Aoger, I Iri" k mn 47324 R13,0104,04 I OOLS ELECTMG P0Vk-,1Rr.D Grindar, Del straight, 4.5 amp, 21,000 rpm, electric YCL&WMU�0, paddlu TOOLS SwArfl, W/case mflwauke�0 R B 0 1 0(l 5,O RIESCUE ELECTMIG POVVERIED TOOLS Wieets, DIAMOND, cutoft 3" 04 ARBOR LENOX 1972918 Rea 105.0 RESCME ELECTRiC IPOVAIRFD 700IS Vlheol Mandrel SK Arbor 114' Shank, F'Os 114" and 344" Halo, wfvvrc"jc,N es (Aesco -- ------- ---- - M3 . ...... - R18-0105,02 RES(Aff", ELE(TRIC POWERED rooLs Blt, Carbide Tpped, 3M", SDS MAX oirSpirte shank, Elecldc Rotary Haninter 119fi . . . ............. . . I E,Y 3M (424Y463) "13-0106 01 RIESCUE ELIECl IRK,,, POWERED Bit, Carbda Tipp " e , 6 112`, 1011-'14"' II engfli SDS MAX lar Spine E5Iank, Ele 11 c I t I r I i TOOLS R�garX Hammer HIM 117 14 (206509) R13-01 06 02 .. .. RESCUE . ............. . ELECTMIC POVA'RED TOOyS I Garbide TIlpped, I SDS MAX or Spirke Sitar* Eleciric Roalarm y Hamer ffi f-fi,YX 1E, 13013232) RB -0106 03 RESCUE FLEC FRIJC POWEREt) Bit, (,'mtfl4e Tipped, 1-V2", SLIS IVAX or Spline Shank, r1ecffic Rolary VE-YX 1 112, � 5 T001L,9 Fra mmer, Fhffi (29303 RB 0 614 04 RESCUE ELECTRIC "OVIA"RILID 100LS I :Adapter, SOS Max to SDSdSDS, Fldus, I.,Aectric Ralary Hammer LIE14maulifle 46-03,3025 RE, 0106,05 RESCUE,, PLP GI PiC POWERED TOOLS Adapier, SDS Max tr) Spline, Electric Rotary ilammej BcAch HA10311 RB-006 06 RIESGUE ELEc -RIC POWERED TOOLS Ml, BUIL J)Dinl, 14-'18" ElectaUotaqv ),lanwnei Wfl TFYP SM36 (282264) R B-0106 07 . ............ RESCUE ... ... ELE�.CTRIC P,F)WERED I OOLS Bit, PIM Chisel Poit)Il, 14 18" Electric Rotary fj,;I Hilh .. ........ - IE-YP 11A36 (282268) RB-0106 DB R E S C ELFC'� V RIC PONEREII.) Albid"-t" 1311, Garbid&-fippedI urbo TuiI Head, 2 5Al" riecirrc Rompi kktmmer HIM T E. -Y- 8-- K 2 11 -"6 TOOLS (200630B) R E 8, C L J E ELECTIRKC P"A'A"RIED TOOLS Bh, Bufl Pcrint, 10� 14", bectric )ROmy ldarnrl'10 H06 TE-YI` SPA28 t,282263) R 8, (l I 10 ............. RESCUE E- El ELE(,TRIC, POWERIED TOOLS, I-, 13o1, Flat Chisel` Pogni '1014" Electric Rotzmy Hammer Hoki t ll FM28 (282267) R B4O1 no N I IRESICILJE� ELECTRIC' T`110V1 RED 'T 001. S t e 'I ir,, Rotary i farnmr pped, 1 �2", 14-22' Lfanqlh, Electl . ............... . . ........ . I Ilk 111 - YX I C,?- 22 (2065 t 0) RB,01 0612 . . .. .......... . ELEC'1131C PIDWERID 1uirntp, submarsible, Wechic, l2amp 115vac siirglle phase 50GIFIFA xt 151f, . .............. . . TOOLS wrth ada,, lers from 1 112" Myers ME 40 W13-0 li)7.010 R E "SCUE ELF-4 'FR7W POVA-RED Hose, Fire 1'/," (NST fliread) 50' hose, 49hrvoeiglM, 1 '112", sihw�'.lW tacket 260 I 1 DOLIS :I psi rated Nei�dnei 5()0!)5 REI FIFSCUE E r�j'T '111- T 111 _ CTRI1C PO"WEIRED Adapter, Pie �**c, 3" 1xi't 1/2" Kochek, 37 R3 f TOOL.$ IRB-0107 02 RESCUE EC'j ELEC 'I RIC POWERE D Pi:P'I( Adapter, Hrc,, Hme, 2, 14"" lot-112" Kuc:fiek 371R256 . . . .......... R•0107".03 RESCUE ELEC 1 RICIPOWERED ......... . . Saw, RemprcrcaOing, VaiI Speed, Pleavy Goidless W Batteries and ---------- - - . . ..... . ........... - FOOLS "larger, 28 valt sysTem M 41 0719,22 R6101 08.00 f$CUE Et Ec TRIC POWERF - .L r TOOLS Battery, 28 voll, Spale 'w Codlesa Recirm,)cating Saw B �11 V P' Milymukee 48,11 2830 RB-0108,01 RESCUE 1111111-1 [1 CTRIC POV&.1REID TOOLS 600v, RecrInocalingli Saw, MeAaT-culfing, Shatterproof, 6".9 t5/ikkg) Fpcod DiaboIlo FRIDS0608CIF RE 0108 02 fRE$(,'A,lE EL-E1CTRIt',,' KANEREL-) T00t,S BII Reciprmuat6trig Saw, V14(vd-cutfin(1, Shanerpmot, 6" (6�p,q) Freud Diabrft Ff"WS0606CIA/S RFI RES(�UE E � EC'TRIC FliftERIED i 001-S Made, Reciprocating Saw, Wood-cuffing, Shartlerptoot, $YQ54)kg� F,ieud buabWo IF R1'S09015(,'ANb PHI-010606 PSE: Lr LE CI WC II TOOTS I ReclpmcalJr1[lj Saw, Wbod,cuffing, Shatterprmt, 12" �5�r*g) Fmud I 9. FRI)SO9090F ........ ... ---- 4wB.0 108.07 R "C T A, IF, D E L E. (A R I (,' P 0 9MFFf E 0 Saw, chain, ewt'�Illic"16" bav, wc*d unbnq, oomripafible m1h gas ctmin xaws, 1 TO 0 LS w/case I'Usqvama E316 RB-0109.00 R "(WE - - --- JRl(1' 1`101AIERIE.I.) ELB, T 0 () L. S . ......... ft, Chawi saw, 16", qpare, whq)jocPe[ KrSqvrrrna 50185405j RB 0109 01 IN 11-W RESCLHz . . ......... F.L.E."G1 RIC POWERIED Chains, CTmimaw, 16", Spare J-10'"Valma 57693M56 RB -0110 02 RCaCdiJF EqEMRIC POWERED rOOL,S 00Bar, C'111841saw .......... . Tlusqvarna 610000158 R8,0109,03 RESCUE Et.ECTRC PMVERED, TIOOLS Cha ps, Chairpsaw, 36" Iefiij1h (,'SA NSN8415,01-0285575 88,0109134 RESCUE El-a"Imc F�om �FRED 10OLS $(A)bwrl Husqval na RI9- 0 109 G5 k, E st", u E FILIECLI'MC POM" ITRED ITOOLS WencAr Husqvarrm P 3-0 1 V,�06 TRf"SCUE EILECTMC POWERED TOOLS MarlkAal, OPCMWIS HkA - f1k I WNYM RFJ-0109,07 RESCUE ELECTRIC POME'RED TOOLS SaYv,6PckAao,elec1ijc M,IA"IrcNivy-dut Y, W/caq,e Big'root Big FOW RBOt 10.00 RESCUE I:�LECIPNC P0VVf,-,RED I cQl-$ Blade, Circular Saw, Carbide flp� '10, IM"r 2�-'l rf,01�r Big IF ow B F 10 1 A 36 1 crath RB,QTI I 1) B)I FsaRESCUE RED Saw, ci�rcukwr, electiric, 7-1/4", heavy�duty,%Vlcasr.,,� SKIT 131 P 17 7 W, 2 2 1413-0112 00 .. ... .. ........ RESCUE ELECTIRO C R00LOVALRED I S Nade, Circular Saw, Carbide flp 7 114", 16 tleeltir Milwakikee 4&,40,4116 RE 0112 01 RESCUE U.-JEFFic -POWERE D T 0(A- S Saw, rempmPuAling, Val"NoLie spped, 1200 AC, 13 anip, I wavy f.jilry, W fAlwaukee 6536-21 RB -0 r 14.0D RE S C;. UE ELEC-TRIC POWERED T0011,5 Saw, Ch"CLANO, Wal Cuffing, 8" , 120v, Mvmp Mgwaukee ............ 6370,21! RB ,0111$,00 F L C I M PVA&-, R E D TOOLS M,,Cler Circular Saw, II Cufting, 8" MITI 4R 40-4520 TRII 11(�13 01 Et1T.GTRl() ('r I, SG POMET'RED T Angle Grinder, 5" i-fil Iti DGKW500S (3825al) R8,0 117 RESCUE FLECTRIC POWEREI.) 100l'S Blade Neirunuirn Narm"J fw 4,5" aiqjjjL, Tjninder 1972 1921 RIB -01 17,01 MEN, . .......... RESCUE 14YDRAULIC POWERED TO()�_S Bit, PAW PoiM 14", Hydiaulke Nvaker Blunner Lay 31f)14 RC,0101 01 RESCUE -- I'M'AAUTOOLS 1VT_ 0' R E D Bil, Chusel, 3" x 14", Hydraulic Breaker Bouniner a Lay 1 X04 W -010T -02 RESCUE HYDRAULIC P0VX,.RE[) I 00L S Bi( ChisyT, Vx'14", flydrauhc 8reakuf Brurrum"I & Lay ........... . . . - 320 H5 . ...... . . . W1,10101 03 I R F E RALA TC RMNETRED TOOLS Fift, Keenl(W, Hydraulic Brvaker Nuoirrm & Lay W008 R(,',0tl01,04 RESCUE HYDRIAUDC, POWERED l OOLS BIT, Moot PoiM, 'I 4'� Hydraubc l.3realker Bi unner & Lay 310 14 IRC - 0 102 01 r,� � �,f U RESCUE ERFS( EUP �-IfbRAUI EC POWEIREL) TO()IT,S N , Chisel, 3' x 14", Hydmullc Nvakpar Blunm�,P Lay 313014 IRC -0102,02 . ... ..... .... RESCUE HYDRAU1,1C POWERED Bfl, CWsel, V x 14", ifydraulic firtraktri Brunorer & 3.�jy 320 16 P0,0102 03 I R 1- S (jU E . 14YEARATAIC POVA".PED TOOLS . . . .............. Elm, CaflcuAai cVmIn ,,ave, 5", V305 RC 0 � 03,04 RFSCAAH HYDRAULIC,', PCONERf,11) I ON. I..'; Wench, sprockeIt, Ds 11 C�onc�,e�c, Sa,w S�anWy 23617 RC,0103.06 PE.SCUE -P([MRALAJ(, POWI.-'TED, TOCILS Hose, 1:1al, Foresfry,-f Aae, I (KI'x 314' vd 314" tGHT f0vRus NeidneT CID0158201 RC 010107 �(JE E: EESEJE:� MPIAU L)LIK; F)CMIMH) 1 001-S Adapfeu,1.5 N131I F enr,,Me lo,314" 6H V Kuchalk 37fR I 5G RESCLA' HYPFRA(D4J(, FIOM_',JREL� Tool's AdzrpNii , r,5`NPTX 'l. 5141-1, fire hose Kodmk 36R1515N RCV03M RESCLE WD7AILITIC PO�--Pf 1,) TO( H-% V, I lose, LuinorWw Ffgesj-,V, W8" x 50' Niedner 2463 Rc -I),,, I, RESCUE HYDRAULIl POMT4141EI"D ro(A-S Blad, DORnond Tip, Concgme CultIng, 14 Parfinci ELD45 RC -=4-02 RESKAJE HYT)RAULA; P()VWT,RED T 0 CH, S l,'MIL Carbide7qj, Vx 24", Hydraulic Hamir"Pr D011 Stanley 02281 Rl'-SWE HY DRALM. I00i'C Ps 0110F R E [) 1" iM, (Arbgde Irp 1 IQ' x;14' Hydraulic kfairnrrwN [10 "Aa .. r . i - ley 051157 RC -131 05 02 RESCUE HYCITI PCAPAT-,,.RED TOOLS Cml[I Tip 2" x 24", I-lammor DrOl Slainley 022f.,43 W."I'llo 105 03 „u;[N1 TTYD�rAlj(il ovtm�,b ;T Tj "i� 4 ba�Hydraubc rV60Jf&6uliIm' H qn,, qlpo OyorTAUWC;NYVW RED, I c 0,Tj 0&0 Woo ",Tf" 06 11 KTRA 0- '6 H ydop4c Vofil6le Roscloa SY sifem '62 73 634 RESCUE HYDRAULIC P0'Wf.',.RED T (XX S kfm,Ps, Dual, Hydratific, U2' X 50 ft 58634 RC-0107,01 RESGUE HYDRAULIC OLPOM-IRED TOS . . . ......... . .. — Coupholp, Hyoraujk, DJusfj lace Npi SWI'OWy 24069 RC,-0107,02 RESCUE . . .................. HYf)F'?,AULlC POM,RED l(." m " Couphngs, HydraL&c, flush iace, 112' NFIT staniey 24070 1 OTO 3 RECUE, I+(DRAULi(,' POWERED Filler, Air, foo power unil T&M,S RG-0107,04 RESCUE HYDRAUHC� ROWEIRED TOOLIS Fil4o, Hydraulic Fwiw, for pcvwer jint Hydae, 40408 . . . . ........... PC,' 0107 05 RES(;tUE HYDRAULIC POWERED Spm k Plug, S�ainlley Rimor Ui it Chaimpjon� NGK, I' O(A S RC-0107,(Q RI ESCUE IYDRAUUC POOVE RED Oil, HyclraWic, 5 (1410 Chevron AVVNIV 32 RC-0107,09 Rl:�SCUE lfef._)RA1JUC P00A-.RED 011,1 f 901', Ballery, 'I e ind er DeWan Corp 022,0 l57,11 R(,0107 (YlS Qf� RIES(,IUE HYEMMUIC Fa(: WEREl) MOLS Pump, Manuel, Hydnafusion PaIntech 22,790020 RG-01 12 00 FWSCUL .......... HYDRAULIC K)WERED 0OLS Nqullu Chain Base Flarmech 22 79(, 5 R G' 0 % 12 04 IRESGU�_ IYDRAULIC PCIWERED Baflery Pack, 'WW(FexHydimufic Vii.flijcW Rescue Sy�,,'teln Robopak, Auxalf XL9208, 5(5 2 R12-01 13,0 1 Dynamics �C�oilp RESCUE HYDRAU 1 IL�(� POkAh"RED "MOLS �Adaptei, I 10VAC, 1(m JIydf8LdRCVl,11'fl(W Rescue Svskmi Geinmis, E-Foic,,,* ART 106fA2 2 RC0113'05 RESCUE HYDRALA C 0L SPOWERED I 0 'Alwaukee 50-11-2855 RC 0 11106 1'i E S(, J F HYDIRAUJJC� P(.MrEREI.) 0 (,hirger, Trjpe Baqhk, fw NJydjj,tjLuVj(Vt,,tjjP:le p,,(.,Mc. gt System (""'enelMq 48-5R-0280 RG,0 113 07 ARJ 105 410 9 RMUE HYDRAULIC PO'VVF,-,RED Chmper, RGbDPAk WillerIV PaCA Robcdpak, Airciaft AC4329 1d-0111, MOLS .. . .. ...... .. DynniTlh"s CoRp RE$GUE HYDRAULIC POWEIRED Adapter, Robolcak to GenisRshMilwakilkee Rc )boj"iak' Mcraff RC-0113 09 TOOL. oynamiics Corp 77 ?/7'7777 77 =7 WIN IN 0, z/v" 2" P'l A ;Rr ggg" $CUE ASOLINE FIOV�fimR T 00l' S Chamn, Carbide Tip, Lwer Weld, woo�,j d:' Ijfivlg "M V SBI P V) RD-0101 Dl R ESCUF ASOUNE PIRON.- G" T 0OL", Chain,Chippm, W" woodcutfing UnifiW, 55COBRIA (I("y RD,010'L02 RESCUE GASOLINE POhy&R IOOL.$ Lar, Chain Saw, Reviler rip S N G, B, 16 -RDA) 101.03 RESCUE GASMWE POV*F'� 7(')OL$ eau M. Ph4g, Chain Saw 4626HPI'MOA RD,0101,04 RESCUE' 'GASOUNE, P(�AWR a Charm, Chainsaw, 36" LongM ............ GSA NSN 84V",-M,028 5575 R67,0111C06 R E S CU E (jA0t,lNE FIOVIVVIlR, KflMainleiiance Chain Saw, IIncludu»s Slpmk Ploo ftemc h, Allen FKRg�jo(9)000-34 15, TOCR S Wj wxhes, Spfockel Gfease TcxA, $(.m'o4*et Gaeasu� nabe I lusqvarna 6 � 010000-MM RD10101 016, RESCUE. GASOt,INE NDVAR I 001-S . . . . ............ FRief, Au, (.1iam Saw Hmqvama 510W 1800"? R, D U f 01 0 7 Nlrfl q 0111�w, 04insaw(jallon l- uscl v arna- 16100P)GO-34M RD WWAARES("LjE 74 635 RESCUE GASOLiNE POWER TOOLS 00, 2 Cycle Mix, 2,6 oz Huspagna 61 00000-V,05 RIDID101,15 RESCUE GASOUNE. POVW--,R OOLS Scabbard, Ghakr Saw . ......... I-Im"parna - IN -372, IRD-0101 16 RESCUIL ('i'A50i.lNE Pr,sOWER roo Spark Plug, Saw, gascfline, W"poweiroWly NGK 1EPIMP74 RD,0I0ZQ1 RESCUE GASOLINE P()},%q,",iR TOOL Ei BeIlMs powpi rot" saw, W" HiAsqvwfla IS0634,74� 20 RD-0 [02W (3ASOLINE POWER I DOLS Made, &ainond bi), reRnfou,,ed 14", poWef miary vise Univent DCM- 14 RD-0102,6,3 Rl--,S(',UE GASOLINE POWER Blade, Gwbide Dp, 14', poww rMary saw Oldham 140-7824 RD-0102 04 IRF.SCUE n•»ASOUNE POWER 7 OCLS Blade, Abiasive, Steel Guffing, 14, Floivev Rotat-y Saw TEAM EQUIPMEW MIRA, 14 FD i,P0,0 f02.05 RESCUE 'ASOLINE POVVER roor-s, Filtem, Air', Savo, gasoftne, 1 A", rotary saw Unifire 50,6263401 RD, 0 102.06 RF,SCUE GASOLINE POWER TMS Hose, Fire, 314, Ffai 'SylAhefic', 3/4"gfil, MY Nodner 2207 RID,0102D7 RESCUE GAIXjILNE POWER TOOLS 0d, 2 Cycle Mix, 2.4C o e, Hviulvarna 610"Y000 MW85 R D,01 02 08 Casa OU POWER TOOLS Wrench, Allen Husqvarna 7~ D-0102,09 RESCUE G ASOILME POVIEP, , WCA-S scrench Husqvaq,wr 501 6917,01 RESCUE (SASOLINE P0VVER 70011-S Made, Carbide'Flp, 14", Gasoline r6ng Savo (reinforced conciele, yeffiwv) flusIqvania 9�.3 i 108 or) fi RD 01 P ON V, ......... . . . . p/p, RESCUE MISCELLANEOUS Gun, NMI, P1,00n Acl4valed 27 calibel, aWuffm-,rr, W cwos and acm1"iones Ramer SA 270 RE,0101CC TOC)t S RESCUE MISCELOOLSJLANEDUS Pins, 2 U!", HE), W washers for, PiVion Acflvated Naill Own, 151 6CM PE 0101 01 r :Ramsel 1141� Escut- MLL ISCEANE(YtJS TOOLS Prns '9-114°', HD, w/wasl kers for Pmkin Ac Poivaled N80 Gkrn Ra inset' ILG"Irl tE 01 RESCUE WSCELLANEOU$ L oads, Medium, fix Pislon A0vawo Nail Gun Rarrlse� 4PS27 RE-0101 03 TOOLS NUSULLANESOUS PIE SCAN TOOL Loads Heavy Doty, for Pision Activakmi NaP (3un R,,arns,ry 5RS27 RE,0101,()4 $('3JE MiSCELLANEOLLS I orch oxvjaoelyiene kiN, large, borri, m Wach rentS (tim 7rjr-o n �11 TOOLS V k"lou 18, nml RE 0107,00 RESCUL AISCELINP)f IL$ PTOOALS Set, #5 . . . ................ vicloq .. 114-2-- 1 ,11;114 RE,t)'107 03 RESCUE MISCEILANEOUS TOOLS Groves, Vv0dirrp Victor 1423-058 RE 010704 RESCUE MISM-LANEOOS I rip, Size 0, Gxy,Amyfene. I or ch (spure) W101, 3300002 T&,.,0107 09 RIESCUE MISCELLANEOUS T (Y)f1:1 . 11T , I.Svze 1, Oxy- Amtylerne I iji e:Ji (Sp a f e) . ...... ft�or INX005 RE 010 F, i6 L S (,U E Ml S CE, 1. UM 0 U S TOOLS Tip Size 3, Oxy Acetylene Torch vicloi i -- 2 33000 .i--2, IRE-0107 11 RESCUE,. fASCELL&NEOUS TOOLS 51riker, Oxy A(�qilylme 'Icirch Gumrqer FRE,0107 12 RESCUE MISCEIAANE�DLJS TOOLS, Torch Head, rax S0 36" WIN 0381.1624 RL,01W W . . . . ............. . . RESCI-ir, MISCELLANEOUS I001' 001's I 1p, Sdze 2, OKy-AcOyrone'rorch (spme� Vrclor 033-OOC RF,0101 15 IRL SCUE RAISCELLANEOU$ TOOLS If ip, Petrogen Si2e 5, spare p0ogen hp #5 RE."-0110,00 RESCUE WSCIELINEOUS TOOLSLA . ............. I q)L, PeLlogerl s4o 81, M)"me Petrogen Tip # 81 RE-,011T (at PIES(.',ILNE AISC EILLAM'-OUS TOOLS n,,a, veljoge, Size 8:3, spate Petrogen Tip 1kl3 RE-0112 00 PA Po SC E4 I. A N F.: 0 L fS T C)0 L S, Adapit'i Kil, Muft WO peflageril E1000 . . ............... . RE-01 13 W REr3CUJIE fAISCELLANE: OLIS cmrh, Bireack 75 Deqrw�, Peticgen 1001 R E., 0 114 00 @ 001-S - RESCUE PA FEA1,71-i-) U-,:,- Fiffing, Ouick E48conned Oxygeir Hose Peirvgerrr 3119 . ..... 5 QQ TOOLS RESCUE, fOOLS Hitting Quick DiscrinmM, Gmohne Hose pmrogols 3013 RE -011 ri 00 ISCE LLANECWS Ee%iTOOLS Pans, Kit, Staridaid Fleftogan 4002 RE -0 � 17,00 RESCUE MrSCE I-LANE. OtJF, 1,00f-S Wker for Torch, oxygenIuO qas Graingou 12CYY2 IRE.:-01118,00 19 [*P In C,ir71 NINE RESCUE HAND "f'(TC1LS Axe, dart herW fiberglass, handlaa N upiaa F164. -ECS pin 3376,1 FBR d11('tl 1)0 IR L, S C,tJ IF HA 4D FCIULS Bar, pxy, pinch paurrll 60" Ames 160100 R, 11102 00 RESCUE HAND '6�1:1ri1 S Bar, mecking 18" Stanley "ag 1 1$ HF ,O103 00 RL'SGU E SAND "POOLS Sal, wnrrwadirug,3(Y` Ames 11714.00 RF -0105,00 RE'S'CUF ElA1Nf1 I`00t.S Clclil caipemer, yu O, dl corerw is wilh 2' punches Cur 0111 d e affi ' Grarf 14277 RF0106 3E RE -SLUE HAND TOOLS Bucket, Ilaposlic L gallon vd hoctlie U; Falansti" 2.286 RFf,0 pd7.00 RESCUE, HAND "1"ClOLS FSru.* el, collarpsrbW, 12"N, 17. KIei1't 51045 RF= -0$08,00 RESCUE HAND 6,13()1, rS91Y aaP„ det➢IIIS "X&1" C.aascrade Fire, 2431C EBF ^01!09,00 E^f11Je Potth{ 1@ RLSCUB.; tMDTOOLS Cphaalk,line, IMY, wrth chalk C,4„a1G'J Rf'r.LOI)f2Hd RESCUE°. HA'114[)'f(.3OLS ClmuseN w,rurad assailed (nW to exceed 6 chmels mal), sc1 leaualt y 1Fi-pri RF,0113 f:rt1 1"RESCUE. HAND T001..[w1 Dayora k�rrrRLur9lr, cessayafe,d c,a^rduar's C,rsrnge, ast7°.ro4.3 67F 01 14 00 RESCUE'- HAND "rIaCDL L r""uall,nq"„ LaWit , 'UFfiI` HK F°ducEcr 00190MGt)L) RF -31 15 ,00 p'BT Ka HAND "T'('fr"76,..S culteaa, bolt, 36" HK Porte ap;VfGLIIrC PF -01 %F:!i.FF() RESCUE HAND T'Ol'"kS Cutter, pipe nwlllpalxe head, '1 - 2� 4f2" General loo 12E1 WF ,O 117.00 HESU'43E HAND TOM cu tuen', wrure and cable, 28", kPFaef glwtss handles HK panel 1w1ITrFIMIN F'FC° 0118,00 P71ESK",UIE' HAND VOOLS Haxc.k�w, w, hugTti lu,n9�auraut, conirsctor grade Sl�atfley 2�L1.01DI FTF,0127,00 RE S(CUE HAlslfl7(yOLS Made, Hacksaw, 12" "1S FIPlfo shaIlw pPoM FdtacreIt 1"GF,i2itt-m PB�Tr..0120gf RESCUE: HAND 1LOOt S BWdee, t -a ks wr 12" " 24 tp"pe, shatterproof SFuirw:V 1(07 1224 1 D RF�012002 RESCUE HAND TOOLS - Haaaaurncr, Wedge, 4 PICA , 11W'fibemr`4piaass handle � Niij Sfau c9704E RF,0121,00 RESCUE HAN[) T-C)O[,S I far or) ror, sacdg e Et 1LF. it bei gWsies hail We Nup 11 a 27808 _... F' F-0122 Ldg..... rRE$,K,UE: HAND TOOLS IHomn'ier", slcdgei l2IIRa . 6heagGa ss hau'rWo NulAa 27812 RF -012 F u O R ESCUL..... 1 PA1ND "rOO S Harl'IraaeDr, framing str%a4gfit claw, 22 oz sLeW OR fare F"aVawrunlgl E323SM FRF,( 24,00 RESCUE E t AND 700tS t hind huck, rraraverfi ape. nslea doflf r with p neeerrnaaKc fifes L)aaylo 4 � IFS E FwsPW-p112E C.9 d FB.ESCfUE HAND TOOLS lKnilc, Utility, Mir acfaabka blade Stanley o 98o R F -0129 f1t"F RESCUE HAND, -1DOLS Malde Moldy Erwule,,'Spdba'e 100 perpraack NrFawrmWy 1101'6A RBF -012901 RESCUE 11A4NL1 fiOOi,.S Laddeen, x"B. rxi e Csk..1LIB 780P Type 'i Are 3010 pounds 12,5 fed EX P LNIDA (LIMB 780P RF�.:,0I3(),CXr R E SC EJ1 HAND Td:ltpF S Leander, 18'LOW Gar it UMe, Gant VA's" Modell 22 PF101 ;1 W FIESUUP^E' I8AND1'00L,S Level, 4' _ star1lky 435102 fSlPr•0t3200 RESCUE HAND 1'00t..S WIN r.,orninmcarw 1 G Sinker,, Pound C3rnpFurlee V(..clti.:.GI"rrnreprro..... ErRF-013300 RESCUE HAND "'r'oo s Nails ctaa'rneuura 8D, uF;auupeaw's yarar.uid GOlp Riteand Ceerrip'nou'i S�F'-0134,DO RESCUE HAND .T.. T j,S Pei rcils, r„swegaculce.... Imernn... 616300 F'BF'''°-01343 fMi1... RIESCu 1, HAND"t C: OLS Sheeting, F"Wgic, 21)' x 100', CCIlesxar, 6,,t not Tyco plaxslic S2E a1 polly r^r ca HF.0141,00 RESCUE HANF) TOOL S Shovel, spode paopr"rq, 17" stiaargW handles; Nup k,) RPHT T F. -f -(.)B4a'.f1f1 RESCUE FHAN[1 100 ,1:3 Entirvinching toolll s1bovr F wAFokling prick, CIA pengih 30" ("Ourad TooOr C 142"F ,13 w, P,FSC,JE F88ACA1"ooi..:1 Snips 10,awraa6oirnlyper A1s�s' M 3 fRP'"•d14SM RESCUE' FHAN1'.1TOOLS; Square, speed � Johnson FRAS1 RF=��0141R,00 RESCUE HAND 10 ()L.S Square, e, framing, 2" Johnson, C3'„'5 RF 0147,00 Fw1LiF:6CUL..... FFAMPMPf.Pg't1S. 1ape flagging, ye'aVVtl:rao,100yd, n"cCP � ---- I.laall1scpa't 17024 RF-01417iM RESCUE HANG �1'CC14.Fu pwupra, ouea�uscarangy, 1F,)C" L rufkrra k1VA.>,ak P11 015fD,00 F JP: F",LfL1t [V'M'1OOLS Frapo meaasiming, 311)' Ixcevcr Worn, p Hard w Wlirr Stanley 33600 R,F-01ea f 00 RE SCLIE. HAND "1"OOLS Torpp¢auFin, pdyrelhyFnenec 15'x 1.0" hf,, mnvy (Vuatyr 4plomnew,;p'.r;..... '.,O+Anehnch G: famgcr.... 2f"AP 96 B RF -0162 00 RESCUE HIM[) 71,3()f S pmpe, 36, ralLanBnlmum V'Rigisl ON -313"f 110 RF,0154,00 RE$(WUIF!.._ HAND 1CA(')F.S Wrce"rc.h, pipe 18"° uluruaerMram rrglyd r11F"t13'i1C9g 47R7o ".0kD.... RESCUE, HAND TC)()L..-S Vlierar h, pipe 12`° aalaammu,um � T1ugld 8 p¢,pP.31G290 {aF�-C31,uad.Y3C'P F'$1F.,,R,LW HAN1�2 "'P'()11L S Tool, Gas w'd Mate; Shut-off OrbiF ri iigklicurl 26097 RF� 057 00 pirodjuaa.ls RESCUE I W41"1'1"OOL.S H llugpcan loot Fire hocks Unhiranted Rio EBwar'�3d' lRF-0158 00 RM,UE HAND TOOLS Uuatko � ofl 24", HK Pour' 0190 MG WkF Q1t,'000 RESCUE IiAAPJD T()Oj,S Staka Pa'Fckc1 L G1an,rhlo fluamduun Ha''st"Kar', I"x4,9 111aade,61)F4n,dun t,.19'raclpr�dllm'y Double HeadedR'�T,taF�uama RIF 0161,W 1 ae4�F,t„ EIRE SCLAI. 1 VA9VL,) TP. Oa S Low Profff a pam+°ks hyd14'P ubc 5 tan, ve rfi7:'o or hos Nd4aTiwi SPX Po mm Iegpaa'ra 9205A RF -0162,00''.... RESCUE 81/)NIaStl:7CYL.f Low parfdppojacks hydr&uuaFic 12'Le,7n votlreaW ornrarrreonWlf11b12A sifIxPowrr,lTes,,J l Fi4912A"c Rl``,3163.00 RESCUE Ftl4,kai:a Td'.'1f1t�.1 Law PrWilehgaalxouhc,OrM, 20lo° veirncxrphepnvx"Leae9220A SPX '1''rsr,w.r lcwrrn 3220A EF -0164,00 HESCUEF HANT) "rC:bl:bl.,,s Low r"idile3 fl"vdrwal➢1prb,pck 30 tcm hP.Vnzoriml ve 0ral9131)At Si',X Povief Fwaanr 913IC1,As � � F4F-0165,NC �1 In C,ir71 RESOJE, RESCUE RESCUE RE $C; UE. RESCUE RESCUE kESGUE RESCUE RESWE RES(VE RESCUE PCE SCUE" � RESCUE RESCUE RESCUE RE sr UE RESC,LIE RESCUE RESCUE, RESCUE RESCEff RESCUE RESCUE RESCUE RE-SCUE RES(AIE R,ESQUE, RESCUE RESCUE IRESCUE pil-'sQUE F,',ESC11JlF` RESCUE RIESC. LHP RES(,',UL RESCUE RESCUE Getrerators, Cords Adapters are III tA)Er$hC$ E HEAVY RIGGING CaWc Coom. a Loing 3,1os, 6000 HEAVY RIGGING Shear Ern, 310ircome-a-kmg, spare. HEAVY RIGGING Chain, 318`010% grade 8, Iff[Ing, w0h Cl*vil, 1hp III HEAVY R11GGiNG Chain, 3AT'x 2(Y, grade 8, liffina, with Clovis, shp HEAVY RIGGING Shackles,,Smew PRn, 1-114", 12 ton I 1EAVY RIGGIN( bhuckIes, Sciew I[Rn, Round 5(8" 3A4 ion 11E A Vy RIGiaG,aIIN Sbackels, Scfew Pin, Flat for fim synlheoc web, I HEAVY RIGGING Shing Po[yesler, rourrdeing, 20'endl,ess, 17,000 01 HEAVY Rl(°�(!INC, Sfing,Polyestermundsling 17,000W HEAVY PIGGHNG SMqs, SynIlhelic, Heavy deity, 3" x 6', ryp ClhokeR Capacrly RI(,0NG Shings, Wrie Rope, I FIS, Mcdmmul _,Spfioe 112- X ca mc 11 I-IIEAVW'RrGGING SwrVel hook HEAVY RIGM4G Swm,, 11 hook I IE.AVYRK.',(.' NNG SwrvO I look, Latch Kil f( ° 104886 ', I -fix* HEAVY PIGGING SwRve I H ook, I a idi KA to 104 8831 Hook HE AV 7 11 r n buck Ie, 1 ", J aw to Jaw, 12" TAKE IJ P, 1 DODD L. I h EAVYRIGGING Swivel HOM Rings, P2x 2 5" o, HEAVY Wr-GING Eye MAs 112", Steel M`AVY RIGGING Aric[pors, Wedge, Conciete, V2 x 5-112" HEAVYRIIGGING V&enolj, Jrqpf(Ijjo, 12" dnive, 25-25f..) Fl. Lb , Adjusl HEAVY RIGGING Sockel, 3Xlof TrIque Wmtch HEAVYRIQ(�ING Skrnw, C.oncuefe, 25fflox 'V RIGGINC.; Edge Proleefien, Slintg FlocAcm,',,ton i flE�AVY RIGGIING Anchors, Wadge, Concrete, V2` x 7" gHF,AVY HFAVY RIGGING HorSt, FW00 Chakr 3 Ton, 10' r E_ EAVY RKGGMG Ho, st, Raldm Chain 351"w(15001b, 2() C,'halo I, 14EAVY RrIVANG Hook, SinqWP 3M" chain BAWID lb- c"q+ar;Ky (Cm,31i HEAVYMGGING Hook, DciuWe,iffy' charn, 17,600 lb capacifly ((,,io I 1UWY RIGGING Cable, V,,iIre Ropo, km Grip Horst 6vtSaft.dy I lfrok,% Ht-LAVY RIGGING snmdi I BlockSingre st'*ave VO Sha..Ale HEAVY RIGGIING ShacMe� 1 1,12 ftm HEAVY MGG ING Ishrig, polyesier" roundsfing, Ca" encaeirs, (greenr , 4, I ff,.,AVY rUGG]NG 1� SOng, Polyesler, Ioundsling 8'endkm_ (grawi), 4, HEAVY RIGGING ISIbrig, PoIyewer, aaAjndMinq, 10* end1less, (green),, HFAVY RlG(.,',ING $10g, PoIyemef mmindsling, I Vendkiss, 4yelknv) H1, AVY R I CGG I NG Sfing, PIMyomog, rounosling 12'endless, (yelrovO, HEAVY RIGGING SlraI�Mr Rachiel, 3" x!,i(Y wRth ch am ey1ensions for TECHMCAL ROPE I SlIng, Rorw 1"jj1OANK",AL WNDE Pulley, Doutde, Omm �Sheave PMP 0 MR 7 "T" 11 X, RrG- 0000.0rD L I nclun; 140w J 1 (000- 15 RH,0101 00 Uncolon Hoisl M RH 0101 �D I oiks and la ches Omaha Sling A C S S S S , 3/8 x 10 W•1,0102 00 aok and IMckaas Omaha Sling ACS-SSSr 3tO X 20 R14-01103 00 Crostry 1018570 RH 0104,00 Crosby 1018473 RH-0 105,00 crcrsby 1020602 RI -1-01 05,01 chcI4kei capamly Wax Eh R7,2? PH -010600 chaker capaoty I.Jftex . . ........ - ENR7- 10 RH-0107,00 Eyt.,, One F11y 3800 [b, Omaha Sling FEF M)3-06 RH-01MM 12', 2400 113., choker Liff-All 1211.'EX12 RH-0 109 00 cirrosby PJ41011 1 0 '00 cirosby 104BE431 RK01 10,01 Crosby I MINX) IR I1 �O 110,02 Crosby 10WA6B RIA -01 10 03 (','APAC I rY Omaha Sling R,iTB I X 02 r"IE M)i 1 l DO nar USA equivalpiry C, T o q) Y 1016912 R1+0912 N!) ........................ 1crost)-y-11 "') a17 IR14 12.0 1 smipsall- I STFI505 12 RH-0 112,02 bIr") craftwilan 10011 i1r11 Woop RH-0112 03 PrOI0 J7424HI RN1- 0 n 12 04 144h 418076, ANC KH -EZ FU1,0112,08 le2'X 5' Sling Max CRNIMX 02 RH-0 11300 simpson S1 850700 14H,6114 31) Daylon 31 POO RH•01 DayW R I 1-01116,01 A-1 361) __29XP47 BrsPfodhop Llrtir,�g 104 $W � 3 RH 0117,00 ut1s Inc. �by N4�op LAffinq - 1049877 RIH-01 M (KI nd'M.,,,fltided Ponfl, 601' Tracipall fim. 01321990' 21460le, RH,01,rr G1 Gumcwbo tjohnsOn SOBS1013S RH,0119 02 (,'roqby 10184,46 RI 1-0113 03 MW ft), droker cq'.�a,,Jfy 8010[) WNIK'g FG0800 06 RH 0120 00 Pfoducis .. ................. M rb. chokerrapac.jty Liffing FG(1800,08 ..................... M1 -0l21, YP;p Pirodocis hic, 200 lb, ulic,ker caparcity l311shop I'Minq F60800 10 R11+0122,00 4rrDdl4ds Iver;,, 1,700 lb, cftkoe ("'apar"Ity EO%hop Lffring G 1000, 10 R k 0 123 00 Prr.�_C"ikxu Inc, ;,M) lb. choker capar,,,rly Bishop � ofing FG1000 �2 Rt 1-0 124 011) Pro,omm Inc, xxinng roads. USa CARG() SUIPPI, Y 7530CE-Y IRid, 0 125 1)0 ... ... . .. .. 757 M RI MLOID valla urn Frame, Double Rock Exotica P53D P531D R 10102 00 638 RE S C UE I EC'HNIC AL ROPE Haufing syslelm Ro 'to, 4� I a dwani age VVI 20�D fl, ul fil'Wine, stabc, kern !Zler, .. ....... . . - . . . ...... . . . pa "2` da 'djame,ler, NaF� M FS 9,DDO Ips rnust meet ou exceed Nf PA bag With YateVIRSt 6110 IR l- 0 103,00 RrSGUE l"E(',HNft.'Al,. ROIDE Asoerl,derso Rope Gibbs, canung driOce for V," rope, C5400 lbs blrea�'lnq sirenglh) Rookn Reswe nurn2ss RI kri 05 00 RE S(,', JE 1ECHWAL ROPF oksmindels, Pope, ("aluing device Iw V' lope, (5400 ft1s bieaklng strenWh) Pelzl B 1 7ALA Left M10105 01 LtAt � land RES("uE rECHNICAL ROPE AsA,*ndfqs� Rope, caming device for Y," tope, (5400 lb3 bl-eaking pulm)gth) PeUd RiglA Hand 8 1 7ARA Rqh I Rr-(M05J)2 RESCUE I EC"l-HICAL ROPE I i arne s s, Rope r fUl" 4od y g DSH A clo i i rined s p ace sf arildai d corn p;a i i p Saz e F'�eqqflar Yates YA,380 M R 101 r)O ()0 RESCUE TECHNICAL ROPE Harness, IRop e, full Ibody (()SHA corghwd space Mandafd ccaupliallp, Size - ymes X1. YA-380 XI.. Ffl 10106 W RES(WE 7ECHWAL R(.)Pt--' Harness, Rope,Fufl N)dy, High Heat (Large) yWeB 39OF RA, 1,.T. R14106 02 RESUlE I ECHWAL f1114"4'_'i oulil Body, High Heat (XL) Hartness, Rpef Yates 390FRA, I XL Rl-0106,(* RESCUE 'I ROPE Rackq, Rigging, RSI, Plate, Rmcjgfing, AIUJolrl1[9Mr M.590 IbS stjlsrugflj I ('Jkjc 300610 kl,0107 00 RESCUE TECHNICAL HOPE Rack, Raplr'jel, 6 bal Cmc MV90 H [- 11101 00 RESCUE . . ........ TECHNI(},Aj HOPE Roller, Edge, Rope ... .............. . Remwe Tedi . ........... . . . 61101 RI-0109,00 RESCUE TEC'I HGAL ROPE Guard, Edge CKIC 294029 RI-0109,01 RESCUE 'ECHNlCM IROPF B(mk, Log Rope usarje CmC 993213 RI 0110,00 RESCUE 1"ECHNIM ROPE lRapp, ROVW, rescue lhapdwme Evac F.P30IC M101 11,00 RESCUE I'MIMCAL ROPE Pulley, 2", ornnr blodwith huilt lo swjvO. single sheave to( 112" rople Rock E."x0fit"a M'31) Rl-01 12 00 RESCUE., lECHNlCM POPE fully 3", fescue grad:e, primik linding, atiuminum fralue single a; e heave avo , tor Rescue lochnalropy 61084104 rO,01 14 00 V2" iipo Rof* hteline, 300'llengths ol nytoll statlic (ORANGE) Kernrnarlllly, 1/1". RESCUE FIECHMCAL ROPE dlanleller" aWntimnn lens& stirengol (MIS) 9Wo lbs , musl amel ai excergj C`111[ 2 73210 Rl 41115, r00 NFF�A 1983 RESCUE L.GFINIGAL R( NNE Rope, hfeMe, 300'tenaffis of nylon sialm (RED�l, KlmotanIllo, 1 i2" diarneleil UMC V3230 0115�01 mimmum tensile sirerirph Q0 M�l, 9000 lbs- rnusl rneel ol exr,�eed Ps 1983 - Rope'' Weline, 700, lellgOls of nytoil, stafic (VVI-1111 E), ernmantle, 1711- . ........ . ........ RESCUE TE(�HNIC,'Al, ROPE .Xu, CIVIC 2632(K) M-0116 00 NFP"A 1983 RESCUE TECHMCAL ROPE Rope, Welfinp, 200'lengths W nylwi Matic, pIBLIUL), Kernmantie, 12" diamel& Ecarabiners, CmC n0nrlbum W)sHe strengoi (MTS) qor,)(6 lbs,, mm� ineet or erxc"d NFPA 1983 273220 R3 011 WV RESCUE . . . . ........ I'E01MCAL ROPE . 1h, rmusl nned NF FIA Rope, lock Og " D", 1 0,01DO tell sde strerrk�,T Rescup, Pro Series Bulio 19811AN$UC)S�JA� Ji ments firm Gerlmal Use, alumOuqn lech N)0233 RESCUE TWINICAL ROPE Hope, taq line, nylon, 20 lengths rat 8inm, MTS 2,600 ft.�s- mUst Pleet 06 0XII 293018 ex�;eed NFPA M3 RI 1 0118 CK) RIC SCUE I F,(-'.HNIGAL ROPE C,4rd, Prusi.0, Min Red CI4C 293038 Rl 0119,00 RESCUIE. TECHtl R(Drq� Cord, plr[USSjk' Birom, Galen C 29,'$018 P.l,Ql 19,lil RESCUE 7E.,.(JAN11(�AL ROPE MWA%l' tubulaF, 2", l01 S 6,000 lb; CLICI 200202.1 R10120AD RESCUE TE CI INIGAIL ROPE Ropo, lhrc)vrw, mater resme, 75', MH'l bard, (throw bag pwt 49433 l75) C10C 291275 RESCUE TE CHPACAL ROPE Pidley, Knot Passlrrf,'j cklc 300.11,191 R 1 0123 DD 200102 RESCUE I E(,, HN I C At.. H 01P F Vdef)bing, I ubular, I", MRS 4,ODO lbs, 300'rail ,'Vaflous Cobrs 2001(33 RI-0l24 OD 200 104 RESCUE TECHNICAJ, J'�OPF SlTap, Andw Piro,Serieo, wredlum 1023 Rl 01 2f", 00 R -$('AJE rECHPJK',,A1 R-0-FIF Strap, Anchoi PM,:Spriies, Xt, CG 4 W1025 RII-01126� 00 PIESCU111 7ECHMCM ROPI.,. Slirap, P1c*-01 FIw Series CKIC M)I 106 Rl,012100 RESCUE TL: (,'I IMCAL, ROPE Rope, 1-hillity, $ohd Hilaid, 118" 125 wk ("IlAc '293018 7170128 00 RESCUE TECHMCAL ROPIE Mop begs, wlth Brilm uhifly Ime, ICO' Cl'AC, Rescuc 724140 RI 0133 04) RESCUE IEJ.',IHNlCAl, ROPE MPID, rnuIG,jlwpLwe &ivlce 1/2 inch red cfdcl 3330f; O IRI 013;,00 RESCUE I ECJ INICAL ROPE CMC, "Power ......... . CMG 201829 RI,0 M00 RESCUE 'FECJINICAL ROPE Descender, Paul Id for Geriefal Idse Petzel L)2001,0 RI-0p41 00 RE. SCUE . . . . . ............... TECI HCAI ROPE LaoyalrdBypass, 6', Adpstable yate, 876 Pt-0142,00 RF-ISCUE I E(,J-lNlGAI, ROPE L anyardl, HIgh Heat, 3 Metw, AblustabW YATES E8AE1L.3E4y MPat.l2ETD M Q142,01 RESCUE 1EC'JIMCAL ROPE 1p3eg, F?ol*, fur 200' - 300' rope CLIC 43110 �') Rr 0143,00 RESCUE TECHNK,"All, ROF,E . .............. . StIreto[or :Sked Roll uapa, Full S&zc Sked . .................. . . . $K .. 20O'C-OR R1,0144 00 r�Cr", S C U E TECI-ltOCAii ROPE Lithw, Stokes, �,vjjprqpt �&q Sepaja[org 0�l,Aet�j� VV�R(� type) C'MC Rescue 726100 l?J,O 145 W RESCUE W-E(.,r,IHNIlCAL W)PEi[ Bridle, Lffler. Roserres Liller Harness CMC ResCue 724121 Ffl,0145 Oil R ESCUE irEDIMCAL. ROPE Aziek MInii C 1, Rope Kit Rescue Resp ansL Kt;k7-fEK R1,0147 00 71 000", MR 78 639 RESCUE SAFEI Y airloculars, 10 x 50 power, Wmerproof BiushnvH 19-1050 RJ-0101,00 RESCUE SAFETY . . . ....... Ducl 8N 25', R(4r0orv,.KI, in f,,Ifiy ba�,.j F,7wrlco Y FDT 082 BB RJ-0102,02 RarnFan R ES C'i � E, SAFII.,.I'Y Adapler, InIel Duct Em a mco R EDO,304 RJ-101102M RarnFan RESCUE' SAFEIY BimatlangapparahAs, C;yfindurs (spare), 15 -minuie, 4500 p�,J W Seon 200779' -01 RJ-0103,01 RESCUE SAFETY Maol , pam Piece, tornpaUble wISCEA, supphed air system, spare 10v PaWnt use, Various Was S cd AV3WO R-j 0 � 03 0 1 3 1 RE SC Ut-. SAFEFY Une, Rupply, 51".1% brealhing air quality, compalible mth SGEiA al id mppfiNl ail ...... . ..... . - , I Scxffl 30020-050 R J-0103,04 RESCUE SAF E TY Extinguisher, wMer, 1' ackpack4ype %Wdi""e clas 500FSV R.J-0105,00 RESCUE SAF, EI Y ExOngroWwr, dq cbemicW, 20 Jb, ABC4y1pe Badger 201CpMH RJ-01 0600 RESCUE SAF'ETY ReijulMor, (ProPane, B Hose) . Goss . ......... EPIOG RJ,0107 01 RESCUE SAFETY 4 lase, 12'Propane, B Fiffirw Gm lWr-1 21 IO SE RJ,0107,02 SAFIET Y PHImnq 45605 R,14108,00 RESCUE SAFETY Luckotri, Nug Prinving Y2675013 RESCUE SAFE] Y Lock, MUNI Pole Oreakei Erin zing Y272281 RJ-0 108 02 RESCUE SAFLTY I ocii, SirjgW Pule Breaker p6qving IY272283 RJ,01 06 03 RESCUE SAf, E TY $lgnr VOYI, 3X5 VIM, Priming . . . . ....... Y383752RIJ,010B lD4 RESCUE SAFETY Donut, SaNdy 1" 2 1P2" .............. . . . —1 Pdruing —1 Y383WA I3J.O I oe 05 RESCUE SAFIE TY Dorriul, SOely 5" - 6 112" i'llirrAng Y383877 RESC 11:a.... 1:a SAFE VY Hasa, lackoRAI, W2 1rrr,lt SWO PilindIng Y241894 RJ" 0108 07 RESCUE SAFETY Lockout, MIN Switch Prinzlng Y3B4156 RJ-01O&O8 IR 7-,CUF SAFFIY Sign, L o ckourf, IV x 7 PrInAng Y383754 EV 'ICki AE RESCUE SAFETY Senso4,VoKaqe,AC,120 1160 Pninziirrq Y`382M, RJ-0108 10 RESCUE SAFEI Y Lock, Braided, Mue, ipadlock) Prinang .. ... Y382846 ..... RJ-0108 II RESCUE SAMY Identifiels, Llxk pOnArp Y382404 RJ-0 O8 RESCUE SAFETY BOK Pirinzing Y362DOGr RJ-0108, 13 RESCUE SAFETY SensoM ,Vqiftaqe, AC Prinzing 31 "tl.;;r Rj,01()6,14 RESCUE SAFILTY I ags, tockrxfl, `20 pack" Proviing Y383760 RJ 0108,15 RESCUE SAFI-ry PervnN, confrned %mce entry, pfe-made, Package of 25 Brady 65937 L.F11G1ra.tbt7 RESCUE ETY SIpjayor, pressure, 3 gallon, porrip typ* Hudson 91DI83 RJ 0110 00 RESCUE SAF E°.1 "Y Power TaVk Box SAVOX 0103-02-001 RJ101 I r 01 RESCUE SAFETY Module, Comrnanr TAVOT RJAM H-02 RESCUE :SAF ETY Face Mw* Rescuer SO SAVOX 001:3-0 -001 RJ-011 p.03 RESCUE SAFFTY IHameriey..Speaker SAVOX 0103 01-012 RJ-0 111.04 RESCUE SAFE-11"Y I Wadselr SAVOX 08194M-OOB N-0 l 11,05 RESCUE SAFL-Ty Spliper, Double w1mule switch SAVOX 0103 03-009 RJ-01 I 11 06 RESCUE WHY Cable, Operalm, VwmuW SAVOX 03024,M) 001 RJ,01 ll 07 RESCUE SAFETY Calbler NI'Y 03u2- 1 1 -050 RJ-0I t 1,09 RESCUIE SARETY CaWe, Ontefcorn, 100'wiffi strain rehef arxj srrap hook SAW)X 0,'302, 11.100 RJ 011 g 10 RESCUE SAFETY Cable, Operapoi, 20'M11h mWe SAVOX 03009,020 PIJ-0111 l'n RESCUE SArr.IY Modult, CSI-1100 Min! SAVOX RJ 0111 12 RESCUE SAFETY Power Ialk Box contfaideR SAVOX . .............. I'll R,1-01 tl 1 13 RESCUE, SAF El Y hescue Prcmba SAVOX RJ-0 111, 14 RESCUE SAH �Y �,IeadSetr Befind the head 32" snag[e w/ Iheavy 6uty clo1hrig clip, and Drrmm SAVOX Wr wrridscreen RJ 0111 15 RESCUE SAFETY . . ......... . . oupler, Plpe SAVIDX RJ-0111,16 �77—nUF S A F-E, T y iFCerrJ, 50'�irob cold wilh snap Vook SAVOX 8.1-01 it1 7 RESCUE SAFEIY ---TAF Cable 25'prob wmerlace cawe SAVOX RHMI t8 RESCUE E T Y CWe, QV expansion vdi (*nnomm SAVOX RJ-E11 I1 if) RESCUE SAFETY Swilch, RenmwoldFoolSwvitahp SAVOX 77-0111.20 RESCUE- SAFIFTY Chble, 100'Wth conne'nem SAV()X RJ,01 t121 RESCUE SAFETY Cover, Umbifical, War* 100' SAVOX RJ,01 11,22 RESCUE SAFFIY G",erUrnbMcal, P&d WO' aAVQX RJ-01 11 23 RESCUE SAFETY COM, UMIMiCN, Orkvige 100' SAVOX R1,01"I 1 24 REL. SC IL SAIFITY Cover, UmbihCal, Mue VOKY SAVOX, RJ-011 25 S AF Ej Y Mg, Carly 1000 SON SAVOX Iii-0I 11-16 RESCUE SAFEry, Bag, Cable 3no, SAVOX RJ 0111 27 RESCUE 79 1.11 If RESCUE CSP, »SAF F.: Ty SPlaittei, Double wwd mule xwwil(�h STA.VOX. 010,103 P' 0) ES,h,0112.60 RE5Wa9h SAf"WI1Y SprolwMer,fCable .SIVA X 5pYb,9•('.b3C'807 FC,p4013E0 ,S,TRU1CTVRF,,SiVaN1i0.11E4>L"1WNUI WI TkTy Mk") '- �$` "Oue*"Cq W$,Tt`IC''A+�efSNI61%sp dOfitt fmigipmorit ;" b'N ,h"tt`° �d''�" 7�k'I . "!'d TjIfi V -,rAb Qoftoo MOO(Or Exceed �PiWk�ar'>wlll�lfl�� TECHNICALS 11-1tC,TU9EE S ,��"E�r(:1�:31SN 1 &7UIr°9wpp,INiT Ve M Fans:kg�wal°�FuJEq udp� merfl, (f �a� carryualW urrrals) w,fl ttpD t�8265-50R 0 Y et -0101 00 rECHNI4CAE. 'n ffTd.60.1'I�1dES S,P°L'z,C lAV,1ST ICw�9P91 Ltalvaw..... ^s wwsltsagrxia� # Won5 P"acaalayrp'P11 IA -01E 00 CIeNT" 14x25 (Maack) TECHNICAL w 1fRU(,TURE- SE"C;pCIALlS l EQUIPMENT Compass, ass, na0gallon, high qu alGty suur'do KB 141361DR p',r-01ttNG%.M) rE(,3ddCA[, STFZUCTUREIS " lasefaain• Bfshnell Sr86E4,x2N FA -010a.00 ... arE„IA(,1ST EQF.I1TJq.PaldeWpder 202255 PE: A-INICAf.. STrv.Stt pfyVl�U IU lE �ttt hvT tt,MCVY:d#d11Ah':'^,Pkll,el%Ion kO, in,cl dird��' Gtd'�1d;;:140HaA4'nts, frr.m'rins, pens, �Yi�rwils, %'X1'ylar 91roe'd',it TA -01(J'.5 Cl() T F..1,;"11NI4;lJit.SP' SMUCTURE E?C, I UST E�Q IPSPw EN"1' M ellbvvr,'uaMiusalWarsr I^rra f kW>wE 4M1'TPC�.U, &, - 1J2"x'1 W, 1009w,1 prk'r1 rl l-. t17e Rain 372,r"aX TA -,0105C11 IE'tt,:"I NICAI....... , o F°EEY. FURES IS1 EQUIPMENT Pm AH vo,easlt*r Ride In I�UPeRaiva i1'7 TA ..d711ati 02SI`I?iCK TCw. 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K TECCHNdt"(Ap., GCANENE $$,ARC,H EQUIPMENT CTrr Ess, ETral' 9 FN48 � � Condor gL'VY'T"i C'4-c'mog m TIEONNIC;,Al- CyE QUI MqE h17C:FC 4.bwuARyplra'wa�s HeavyDirty y Rubberber a^nsell '9T 65 7�;•%a9�i 04 ' TECHNICAL CANINESEARNC,R1 E_C,tU19sE0h_N'Eapar�r'u&art ,Eaum 1ECen Masks, Particle c 14N15E� CC Ki -0109-05 TECHNICAL CANINE � 4Nl.TR�"EiEyEE'(„QEi AAEN 1 Coveralls,EalWn (Tyve�k, ,Sonnex or i„41uivr:rdel9lt) IDup onl IC18 E�,r4+A1CfiwlCd02500 IG N1tt9Na E16 ... 1q'.=CEWCAL CANiNE FAEAp C,E°1 EOUIlPMENIT Bag, Gairt)alNs,IWavy Duty, E.wdpaadnld F31 We GaaK1,041828 1.G-O1CuE.h'9 T-INLCAL l ANI NE SEARCHTE:C EQUIPMENT Sheeting, N tasilic, 6 niutl ;CC',M x I SXy, Crile ar Tyco Eatasfief I'L2 Y C ppoty pro tG-0109, 0 TTC11NICAA. T AA4INE SEARCH EQUIIPM E.NT Iormels,Akasearkent, 100(1:)[:km DOE Ino HhE705 'EG01tj51°E 'EC] INICAL CANINE SEARCH NP' Lril EkYohrn Jiio4, (Down or amotiveX rN a4 �Na um ai 1 C�aIkg1 total) Ccl ate, ah iolive 451 X6 TG 0109 13EQUIPM I TEC,F INtC:",.AL E. 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El ;,A VNIC SEy RCHI ECTUIPME N�N1 Leaashes, Dislausaabte NNylon 5CTalrouam �?rBpN TFCl�a u EeE-tEapT8991 "h G-0109 23 C,ANONE SEARCI.T Dryer KC, will) 4imse-s and rcces'7 hes Metro AIP'I aarae9,HNICsAq, TG E.CN0N1PME=NT R. rdYn9n"IR6rdell r'RFrFi-1 -0110'.24 TE;C"pTUVIR:« N d. �sAHIm"NE MFEpaek�R•l Mlerza•us� �� wawEeaEla, R basket type, leather or nyron, 1 per canure assittned atl,7 � p �- LL - EOUIPITOENT I sk V rars.11 1per,snruo-' E NR InaGl@: E4u N1N��n adye4f/ �adY.:q:.dt d&.r peC Do S41 a N .� a, p. ('y Uri";A d;'Rt91i . r. F E d.. �eEd4aA„� � 9,25 1 $,�� Ck1R1J� TEC,IwNt4:4'.E. CANINE 01 T;,V,��R�/ray,, wxu-�Ii1dRr�a�$3rrrNmLNetl'w� American, .,................. 320320.d,�,'lulsl�a l w ry N9E}RvN,'EAR, EI,j E yq� 4lLB nnatu is TE(JAW','AL (.",ANINE$E.AFRCH E:CRWPME.E'NT. Ccrltameu,I9DeconKwN.wdugrEaout:,ayapaEileis ilarrigg At"34°EK-1005 TTT•tD90927 1EiiCE•INRCrNI.- CANINE `nN;PwFRCCh•T _ ...... Fo1G, vEoty. 1Eaa� NIFJ 61 ..W14bR3 79"""12 -r'(" (I'm Ep:C, EENl1. .. CANINE, SEARCH I Tw1PndPad CII gYti 7' F.Cad.RI4xIMi, NT ...._1e.oTatN Cd3-010929 TECE4NICAk tANIRIESEAkC.l 0IJ1T1EE7 Nashua 3% TG,01C10 TE!4':oEYNgC:7cg. CCAINEC^NF” EiFS,AEC'C:B-q p� C UIC'd4E'�N^N'T HrazmW EaWn ('CCtanhrw N'°cora D/l Corp..... hT'hRflk9A6-45-0 Ta;N..C18(taJ 31 .IE�CHNICAL.. C',6NENE rE;T"R(.,H E:CdUIF11MFN-r Shelving, pwlxe„Eaa., tree slam dingp 24” Oeparb x 36' width Home Fwtaat 176014 '71 I G',01a.6a` 32 I EEHNICA�E CANlNE SEARCIf CUIEEEhN Crrt)ek Ides, I2`0 C` ^v 1xV Ikls2..... TG, .010933 I ECNICAL CANINE IEpA9 EQUIPMENT Rope plasarr, 20' 1naree Depot T - T98F,T4 NE'CHNK,A.IL. BC;.FTNONf 'EC ECUIF"wCNdR "Irl Tie, C atge, rknr, Ass1ll11eW TEardas�Eaa 4444 4C-T1(¢Tia TE(,'HN^N0(„r"I a C CN4i"QUIE"E Fdto-rrar n, 6 per r;teaadoA -assigned to HasEe E'ENutA ENT; w ForceOmrsc Wissuragtotrandler G: p sae4l des fit T. C. 1.9up�guN'aR 8.heaE <. c c' 19 N,,EV 1 U't JEE371 1 p CINm-07111 U {irN T1LE;EtNp CAI., .,AIANE EQUIFINIENf�"p"q 4Crantauner, t ulkad e, KO Food lb p et Ed ge': a u" 13730 TG,ETI 12,M) T E'CHNICAd. GAJINNF SEARCH EAwCH Cncis nrrE n,Evr. K9, I pee camne assiCReK in ask Force(personal u„ v4e to EQJIPMEIN't Eandleuped ic f P 3 SG 0113.EE IIECaI ICAE Ca, Cold wearer, K91 per canine asm9ne rTask tarmanal issue Cc vm Rnrg ta'tpEAt!".0 R rarM Wolff puaaryuveal d" uslom Coal al I' -RJ E 14 00 TECHNICAL ��l""'OLA KennO, KO, Nrtat ra'E �E$ Heao' ieRa no Nnnuus than 4 of any one Type 'R E4E N tekR �^,i--CI1a5 TrpR lT'^.C.FINIICw"wL C^ kNC�NUIPMiE NT ••� Kennel, Kennel, par9abW r,'uR&'almE mbier, Aarline Nralvel approved {t'>>waarrtp FIN? K9 K M1wEJ,3XL P 15 01 Kw&kskyrn K'.rah b E l a U Evt:Cp°#RWb(,Al_ CANINE ~aE':AEmtCN E CUIPME°iNT KisrKnel, KM Vehi :Ee.: T tanve E Crate, 16"1 x 24"uA,±'r. 2811 77 9651 o S pa?� I'Cis-Ul1!C.02 wwwww kusaiS�ilulfkl at¢. d,K; Girl TECHNICAL ENRCAI_ t.�AENINF SEARCH Kennel, p;nortSable",Camllaprmble a„r.rAvdTwwdorewwiUlh:tnd�e&:dd'Anaand1Iula-'6;trayr .... C(.TtJIIPIk4R::IN & 42 a 28" m 3 " p'Mtu'1'NW7'�M3tIha1e.'EzaEs EAr?Ep...RT4er N-1 N�Ta'-TN°E1�A.I.i3 EChfNN AE. CAENQUIFMEEp-07f';h �siijetoMh�naaridieyeassvTrror.siiaT udk.l'cyrc R',Eadsr*crruaw8 .),sreec tofidd*sr.allurpaa Rex Specs Rees ecsDogC:Cur'9,gla IG, 011600 83 644 WATE"R WATER, OPERATION s 49 le, vrateq, ad�usftible ialctiel liri Rescuer 1111VA0 !W1 34,241iiiiimum, UP, TO Hill N RS avoO PFD, Floatabon Device, Perm",nal, Ex1rasport LltvivermW Re� VIA T E T, Z Vi OPHO.ATIONS Lj7 C08SI i3tiard apti quick Wease buckle and rescu,( harnes& Size JnNersal Chest Size 30 -56" col'al Yellow (34 Mil"knum. UP TO 8,0) ii EIR WATER OPERATIONS ,Floataition Device, Canine, uhze. memum, stuidy haull . ....... leash EI-ifing, and hiqh,vjai[l)0Ay i tape WAT E rZ Mk ` ER OFF RAI rONS PFD, Flosilaftion DeOce, C;arwne, Sim Lairge7lu'Idy —haw ilk 2119 WA -01 06 DD 0 1 :,:: iciasih 0 nni and highwsibilrry refleclive umpe Ar ER WATER OPERATMINS PFC1, 'i Devco, CaMNe,:SueExliro Large, ~ltd, nly Ii N PRM se, cure leash 0,iring, and I'ligh-visibilfty ufflective tapie, WA -0107'.t' D MI llaaiaaRl&1 VXMIU, Salely, Starm, Hi Visikaity Opaaf,;le, Durable Tali wki WA IE R V11,iioriir.RATI(Mi villanyard and slainess, sti NRS 121 l 9, (34 Minitilurn. UP TO 80) WATER M, tEIR, OFIIF.RAI Ug hi Strotbe, for PemnM Fk,'kIojk)e f)evice . . . ....... . (34 Minimum. UP Tq 80) C1800('n WA- 0 1 M) 0 0 Headlamp, Petzll Duo LED , M C&v" I; Dy I SECT ON D W/�Tl,`R Vi ER OPERA M.)NI SECTIONs A, B c,, D 13 (jzas,,s 11; Div, 2, SEM Vi F, 13, Class IDry (34 Minionom, UPTO 80) SVP;r ER WAT ER OPERAI 11(,VS Pouch, Headlamp, Myo/Duo IE72 P Vi 12,(:tt) X34 Mfinilmain, UP TO 80) mywr)uo, Cm(� 1T"W12 KnUe, MIN Meath Blade longilh 3", Handle3,75" Weight M I E IR %i OPERATIONS Higl i Vi sdAlfty 0 uang e 1;34 Mitnimum. UP Tal 80� 6^rV 2556 )i G114 00 I hrow Rope, Gi Rail Rescue , will) rcde4riE hart ness am WATER VIXTER OPERAHONS Rope Lenglhi: 155' PWT �41 ,(34 Mirilmuri UP TO SO) R WATER i.)F1ERA1`l()1N$ "VklpPljroor""roe , For Han tied,34' 1-11-149985B WA 1 0 116, 00 �[ nl'nuirl Up 70 Ijf� W Miesh, I�et�oilv VVATf-FR iNATER OPERATlfOi WlFull-size z.iippered pricketen orXe end Viii l 17-M 70o—ilcllleu ime 134 Milninumm. UP 70 80) WATER VVAI 11 K' OPERA I ONS Fli Markeir Recovery Systeri Integi ar rnwker 1`10M 1100 Pefican,r3AC 159101) and q0ck-nelease airwhor, Bnglhl i VIA ME R WATER 0 PE RAI ONS 1,SP Cinch Rescue Gollai 'NAT ER MOER OPERATIONS Buoy, Ring, US(,G approved, rgellhane foaro com,OiVE—as F - ----- iMernobonal Orair r- 24" VVATFR WAI FIR 0K,`.,1RA1 IONS PFID, (numnual arfivaii0r), Delidke hlflilflable USC(., M)provs-( hPe V pemonM Motalm devwe WATER WATFR OFIERADONS He -Arm Kii. MuMaing sumiVar marnAni Infwlable FIFT)s WATE'lk WATER OPERA -1 IONS t Sur, Rleinfomedi KP)BCS ar d Ellxvys, Field RepaRrable , V M4ltiNnq_11+ A7203 V041123,01 �i V11i OPERA I 10INS I iner, For My Suft V`VA-()Q140G (301 Minimum UP TO 80) WATER VIAT FIR OPERKHONS Dri Repair KAt WW MTkETR VIOATER, MrERM10N.$3' Fins, (Pair), Vatious Si4es E 00 Minimum, UPTO 80) VVA'I i.nk Vi, OPILRAM)1,45 Gloves (Watei,) 3 5 to 5 mil G 1, 89 1111 VO4,0126 00 130 milnfmum. UP TO 8 NRS V V_" C JA ER OPE RATIC04S Wmer Rescue Boots, vrarlovsi s4es rimi ng or (30 Mtnirimilim Upi TOID ii"VA"l IE R VVA ER OPERA71ONS Steell Shank insert for Bools, Vairorss Sues Adulk 355()8 130 M In f mu rn � UP TO 80 WAI E R 01160E R OPERAI 110NIi iPFRu, Virlim I'yl:m li, Sizes Adgdl,'Youth Child fiftint ii'VATER Vi'Al ER OPER AR ri,^NS Waders, Hop ou Chesl vvfbool!� w Neoprene Socks & su;.pou i L. -P VfA H`R OPHRIAT QNS - PoN,soiru,ll Gor*F BrAp Mesh, for Dry Suits , Varicws Modirls Tr 01A r)13OAQ (30 Minimurn. UP TO BM 84 645 "208420424 1111VA0 !W1 N RS avoO 10 1 -,me, lrltegrwe¢l harnes& N Fl. 8 2 M WA -0105V) iandie, sec,,Lve ....... . . ...... . tv, NIRS 2119 WA -01 06 DD 0 1 :,:: N PRM 2119 WA -0107'.t' D MI llaaiaaRl&1 NRS 121 l 9, w1k 0 108 00 . . . ....... . cloc C1800('n WA- 0 1 M) 0 0 Ai Fner'ly Plus VVIA. 10 J 111 (K) 13, Class IDry T3 FeW IE72 P Vi 12,(:tt) mywr)uo, Cm(� 1T"W12 VVA -0 113 00 A 0Z calko iFRS Pilu 6^rV 2556 )i G114 00 ... tluovy bag, ........... PWT �41 1827 VVA11011 ""h 00 mn�orola 1-11-149985B WA 1 0 116, 00 (Icirdura nylon, CMC 440742 Viii l 17-M 70o—ilcllleu ime . ............ Pefican,r3AC 159101) Wki)l lB.Q0 CmC 72 M3 VVA-01 t 9,00 Color:- - ----- C im G 710241 WA,0120,00 hPe V pemonM MirWaing MD2981 WA 0123M M4ltiNnq_11+ A7203 V041123,01 missirmf4 MSI)624MSD824 V`VA-()Q140G Mustang MUSIAMM0GS13 VVA-0124,M Re,,cxm Source I)S6076 VIA -0124 02 US Divm Yuedder H Viii 26,00 ......... .... ---- ..... Re scu e S aLm ce G 1, 89 1111 VO4,0126 00 NRS velocity watel Shoe Vi 0 127 DO rimi ng or 01CR8 VIA -0128 -GO Adulk 355()8 Garrderri CfOd 3550* 11 29M Youth 35511 Re. s Hodgman Varicws Modirls Tr 01A r)13OAQ Pleference, NRS 3075 LARGE WA,013i,00 645 VqAl E R WATER '0ATER VIM ER INA T'Forel WATEIR v,sA,rER V'lKr'F R VIA NE R VJAl E R WASER VVA'FER WATER 01A I ER WA I ER VlAl F R WA TE R VW13 E R WATER VW'E. R VVAI IE R YVAl F R WAI EIR VrVA-1 E R WA, f F R WAT ER WATER vm, EiR, Id-crail.co '11Z)'111m JON Baat166 Persors Rated Gajfrawfly, Carasfl: Guard Approved_0M) W64)TI01,00 Gauge Aiuminimi Hull Conshudion wWAderf Seaivis, 48" BI:Miorn, 71" . . . .............. s FIT- F t 18,30 HP Beam, 2'4" Sides, 401HP Rated transom, My 9w`Weigtii`34r6rR pea, Capacity I I62 FIOAT EUUIPPAENT Lbs, Hist 80flovil, Square Front, Reimwahle AUninurn Gonia l SERA W3.0102,0101 WStorage (.",omparfirerd, Inienor flaneh,,d rand Foart HF iled loi,)i rind ind Sidem Row 52PM, SRern wff,lorh,Skid &gftjr,,,e, 2 GCjjry I iandies on Rem, f Cany fl,'.mWe on From, 3 "C" Sl_YLE q 35 70 flp Carry Handles oo Ea0v Side, Coiorinieliw , Giay flnon-skkl), Exterhor it%ite Boo r ll:QUIIPMENI AnclIor, Boat, 1811b, wlAnchar Ropsi DDAI EOLAPMENT Lights, Navigwkm, LED, BowlSteirn f;et, C Amm) on rype EJOAr EOUPMEN-1 Transom VA'je0s, Flip -up, 410135 t X 10 Pineumariclires wAlumihiqn fjk&aj, Sugnal KRI, $05 DSVV", fKFU 300 ft) C'pipaciTy per VAmiml, 2 Me.ells paver Set BOAJ EQUIPMEW bloror, Snart, Pirlif Start, 25 Hfl� Timer ryie wown ilaii(He, 3 Dkide Prop Yvil per MakoModel Degree Pilch, 2G`:$Ifafi,,vv,rF Lief Rims BOAT EQUIPMENT Propetlei, 3 Blade Prop w/11 Degree ildrAi, Spare 30A1 EQUIPMENI Prop eiler Goord 3(.)AI EOUIPMENT Swvice KIT, E:Wat irvlokw, io indude Prop Vv4mch, Spark Plug Vilerldi, SI 771-1 vmll 0 It 0115 03 ervlre loolVIRepair Parft, etc. BOAl' EQUIPMEMf Spwe Plug, Spare, for Boaf f0olof BOAT EQUIPMENT Startm Pull Cord and Handle, Spme, for Bow Motor SOAR EQUIPMENT AirFiliei s, Spare, for Boat Motor BOM EQUIP MEW ()rl Hier, Spau,efb1.3oal PlAotor (tf Illeeded roir type of motor) 80A'T EIDITAPMEN'T Ctrl , Okiqri, Spare, fOr 30,rit WIN (TI re&d(Ml fDr type of rnoirrr) BOA7 EQUIPMEM Oill , 2 ( , iYCJ, , Duart (if needed �w Typo of rjuwrp BOAT EQUIPMENr iFuel Hose volPhrmne Buib, Spare BOAT - EOUIPMEN'T Fuel lank, 6 Galiori w/Handle DOAr EQUIPMEW AiMpter, Ekno Molar frilush BOAT E-QUIPMEN)f Fellectrue 1-liwigle Kit, I foi each Grander BOAT EQUIPMENI IDGIly, Outboard Engine Id-crail.co '11Z)'111m 1648RESCUE� W64)TI01,00 �,� `,,,1794 4210 . . . .............. s FIT- F t 18,30 HP WC, DfOl OD (.3reentield 518,E W3.0102,0101 Flullon Row 52PM, SRern WH -0 103 "C" Sl_YLE q 35 70 flp 48PVR _00 E We 1800,10P INP, 0 10 4 00 Ev4uudeT;;;; Tear;, E25DRSL, F261LMHA, Sugnal KRI, $05 DSVV", fKFU YarnWia, Mercury 25ML , VVIR 0106 00 per MakoModel EMYPME N I V4131 0105,01 per idakeiMudiel C-1(01, C, 1003 VIA11-0 106,132 pei Make4hOrk,'i vmll 0 It 0115 03 per M1ked0odel' 4VB,Q'i05Z4 POT makeModel WD -0t05 06 per M4,0400del VVH,0105,06 per malk;/tAodel WD 01 V, (17 per Make/Model I Vfi.3_0105.06 per MakeAiilodef 11 J8 1 01 W5 09 1191 per rda.Wlvlodef 19 VVD. 0 105 110 Vloolmer 62MM)LP V1113- 0 1 06 -OD Moelliet — . .............. . PIAOE 0990761-00 . .. ...... -_ M-0107,00 H-2689 w, Slommaster Manne KIE140M' WR 0111,00 lBoat, unflzjlabie, 6 to 7 prey Mon, equipped wiffi &Aabla povisioris lo be easRy (airied by six people when lully inflated, suitable Ptar paddle or mdor InopuWurr, miffiderillyu(i9eld 10 vViIhstand USWR field nae^ anil ropeated beartiing on abrasive, sod rrocks wid roads, without excessillve dwirage and be resistant to impnI Orr ag*s, oarM and boutiders, numermts tie dcwow,u for BOAT' EOUIPITVIENTzflvrliacWrig or vatves, overpre %sure VaIves, pill"Avided with cairying case, equippr'leint bag, eqkavalenl InflaWn-defla6un purips, 48 inch Ifia pW I'm ash paddftn (blacki, repall. Mt, , plessure gaugri, arid imirig b6die Each, beat shalt/ have a separate Mowagi'l poCkai onh: owd for the mpairikiff, pressure itaup, and piamps, to 15'5 III lie gtil BoAl ['0LIRMIENT jotor, L FlU0 Start, 30 ikry 40 HP, Filier Type milShod Harldie, "�i Biade., w,i� I rjegree flftclti, (-,I Flump Jap, 20" Slorl, wlFiAel Hose ImpeIler , 3 R apiacealAa btade-s i0pbonM BOAT E Qf HPPAENT Pvcpf)r4ler Made Prop, c(�iiwiposgip, veith re 30AI EQUIPMENT BOAT ETAXPlivIEN'T' 90A7 EGUN-WENT BOAT- EQUIPMENT BOAT EQUO)MENT BOA f EQ Ut P&W., 114T EvInnAde E- I ec, Yarnaha, Memury Piranha s9 Repiacerneirl, set of 3 (Optional Porchasir) IPianha flier, 3 6[�,ide FYOP, Gorl,I)iMMIC, with, blades (Optional lase Pirr.mhe is, Rephri,mment, set of 3 i0phonM Purchase) 3,14 I'l, inflateabie, seff,briHing with removealhie seaM66"' guide shcks, '"" CleflWiOfl rlip firiCas, pard(flesioars, he down flDilliq, equipmeml NRS, Aire,, Hysolf,'I epairkit ar, (,Orllj'iwl 184x` Milwaukee 'y KiL 18V batleiy and rA)arqk,,I ... ......... . . I livillw aq_jk0e FC 420 Mfflro, MA70 'Orifi -0112..00 M511pfo, I E.1110DIRS1, , F3D 30ML., EQUIPIMIEW E40DRSI. F40,4WAL INE3,01 13 00 . . . .............. s FIT- F t 18,30 HP WC, DfOl OD OD) OFR ENSWE WAl"ER. E'OUIPMENT rV STYLE6 18-30 TIP c 21-1) v"Ir-0102,00 "C" Sl_YLE q 35 70 flp 0 F L VVAEl F�, EOUIPMEN'T OB� W13,01 15, W "Cl. -VY kP 1 WATER 144.3..0195 01 140 Met, SqMff PUM'a, i3ro ViR, 0116 O,D , 14 ,, INAI'ER EQUIPIMIEW T'Virrowab4c L),evice, Water Kim mintaing MIRK I la WC, DfOl OD OFR ENSWE WAl"ER. E'OUIPMENT Paddies1 , 44andle, c JF Sp ncm v"Ir-0102,00 WATER 0 F L VVAEl F�, EOUIPMEN'T Pule reif,41caping, Adjuslabie from 6-14', Alurriinum . . ......... vihnk Majine 7784267 'M-0103,00 WATER CIFNSWE WATER Sugnal KRI, $05 DSVV", fKFU Warm is and Plalh, EMYPME N I sidus Sion'tl C-1(01, C, 1003 VIC 0104,0(1 61 5 WA I ER OFFENSI)VEWMER EQUIPMENT Hand,Held Spot 1.4pirt flelro"m KingUte 4000 WC-0105-00 oixm.k ()FFEFISIVE VdA T E R IEWflPMENT Dry Gear Bangs, 2,31 x'12"W x 171H i) ry � I a k . ............ . ........ DP,D I . WATER OFFEN$IVE WATER EOUIPMEN1 2,20T)llms. Tensile SUer g1j) .s ') PA.x Res Q Max 412 WC,-0107,00 0 F F E INS I VE vvmm P lure Inflatron SyMem Kul, includes 2-112" hernale aIlumim4m hose Cap With 100 . .. ...... . . 'WATER EQUIPMENT down fol'5ecuring safely lines 2 112" miale IaUflinuni these cap vugl I sjarjqLjaII Source RescueL FMF`7100 WC-01 06,00 "T" type valve Prick-N,IR ISM-2 WATER OFFENSIVE 'WA'TER -1UlPlALf41 Hofma, Rve, 2 112"x 50, for usevo/Ffose inflabon SyMern Niedner XL-800 WC-0108,01 .... . ...... ... WATER OFFENSIVE WATER, [�QUIIPMEN'f' Harness, Vicirm J,ffesarvr,rI, Rescue CmC 2024105 WATER OFFENSIVE WACIFIER EQUIPMENT Swimmer Rescue Board Rescue soum'o, BD1655 'WC-lit V0 ,)o WATEF; OF I"F-,NSIVE WATE R E.QUITIMENT Stokes type C rtleu' Fk,,ot Kul (oequivatent capabifityJ Gm,,,sacle Rescue CT-LFS vvcom,00 WA )'E R' P)FFENSIVF: WATER EQUIPMENT COHIeV PUarch (Mindow Punch) ZAK fools ZI 57K kpl(v 0 f 12, (X) WKFEIR OFFENSIVE WAIIER EQUIPP,WN'T Pliers, Liumnon's PtotolstanlI J2MG WC -011100 WA I E R OF IFENSME WA T E R EQUIPMENT PtunIng Saw, Folding, 6" FELC0600 - 31264 WC. M 14,00 VVA 7 If (IFFIENSIVF, WATER EQUIPMENT 'Aftre cutteu, . . . .......... . ..... . 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M012' 7)(11 vqA FER OFFIENSIVEWATER EQUIPMENT Culler, boit 24" t M Podia, 01911 WC 0 12 3 00 7- WAI ER OFr, FE $q VF' W A P E R EOUIPME-114 F Stake, Pmkel r Double, Hoadea Retim, I 'x,18", II oT) Hopalk Company Doufvlle lUaded Rebar, WC-0 124.0() -WAT WA I E R F TE II VV E FR Rack, Rappel, 6 Im G mc I EQ Ut PIM E N I' 3100M WC 012@r M WA rE R I i LP WE VVA7 r R 7-rabliw, PS Auto T�,dCLIC , -Aulo I G"eneral Use (G� MBS 40M Re$Cde PIO-Serteg 8uio T, EQIPMEN7 (8992 III m C ter,�d 300233 WC-0126-00 WATER OFFENSIlVEER EQUVIMIENT YVAT Carsibiner, Alitairituni, Quick ROegom,, G Rated CMC 300221 .......... . . . M-01 df 00 WAI E R OrFENSIPV�, EQUIPMENT Dtmceodovs, Pope, figiVe 8, wiffi ears, PAT S 30,'35 lbrs, C; to, 3100844) WC 28,00 VPTER C) F F E--, IN S I V E WA 11. R EOUIPMENT RacPs, Rigging, RSI, PWP, kiggmq, Aluminum, 116,114D Ms breakIng MrenWh CMCJ 300(310 'VVG,0 129 00 WATER 0 F F EN St V'E VIA I E R EQUIPMEM Gum al, Edge 294029 WC-0 11 C30 (110 WATER OFFENSIVE. WATEF�, IF, QUIPMEM' PtAey, Knof Passing CfAc 3100391 WC-0131 00 VqA'l E R OFFIENSWIF WATIEF4, Puny, 3, rc��c'ue grade, piusilk nflrKfing, ahimmum hamo, Ongle srieave fo4 ........ . . - EQUIPMENT 1 rope ke%cue7eC,hnoloqy 61084 104 M.11- 0 1 32 00 N' F E N' S VE VVA TE RF e, fifefiv W, 2 00 len q Ihs Of ny I slafic, (M I I TE �, K ed j tryl an ill, 17- - WA �'E R EQUlIPMEM rfiafoeeq, UTIlriftriM tellMW Stirflngth (NITS) 91000 111 , morn moot or exceed Cf0C 26,3200 WC,013300 L411 I-Ar-1 11111 - - - Wlb 9 E P CIF FEINSIIVE VOAT E P Raps, filtline, 211 of nylqn slafic (lfHA)E), Kerinmarrile, 112" dim ninierr EQUIPMENT lnnigrumr lwmile MrengPi (IAl S) 900r) frS r 111LIS1 nleeh r41rPA 1983 983 CPAC 273220 V)C,0133,01 ......... . CFFIENSWIEWATER kope, Itrehne_30(YIeoglhs of nyIoin Mimic PCM RANGE), Kernnianfle, 112' VIATER EQUIPME. INT dilwneter, miinprunr tensdo streogth (IMTS� 19000 Ibz, , nmA n,ww oeexceed GMCI 273210 VA- 0 134 OU N141A 1983 WAI ER ()IFFENSIVE WAVER, Rope, gdeflne, 300'1011pffisof nykyn atA910EPTE.rluy KeinrnanUe, 1,12" diameter, minitnum tensile Mrenglfi (MTS) 0000 libs , ri'mel meel or exceed NFPA 1983 E PWC 2732,"4i) M013401 cw F F NS PVE WAT E, I Rope lifelime, (,,1rrU'tengm of rVIDn smr;, Kernmantie, 1,7' chametOrr EQU I P10E N f mmimurntensMe strung1h (MTS) WXO It's' r niustfne,cA urexceed NFII CmC 273220 WC-0135(9) WMER 7-- OFFEF MCFER MMPMENT Bag, Rope, f5iXY Cmc 430,1N:88S . ........ . . V00-0135,01 66 1.11 YA 001111,111-- . ... . ............. - -------- --- 01A N'ER OF F EN$i'vE'WAIEJR . ..... Roses, Pi rosk T al Mini x 6' .......... . . . 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WA F E R O47FENSI1WE WAIEIR Chaps, l 36" Lengffi GSA NSN B416-01-028,5575 VX 014.3 3 05 L- FOLWMENI OFFINSWE W�WATE-,R' M, Malinteriance, ChaNn Saw, inijudes', Spark Plu�i Oftench, Mleii� FKII 2, 6100000,34M, Vq& 0143 O�6 WA r FIR EWAPMENI fterdies, Spuodkel Gioaiue Too�, Sprocket Gease Tube 61 00001D W 85 I-WATE R OFFENS�VEII WAII IE R, F: Mer, Ah, C'1min Saw C Hu"m.loarna 5038, 1B (102. VA;- 0 143 07 EQU P110 EN WATER 0 F F E N S IVE. �,AIAT E R Oil, Bar, Chainsaw, Gallon Hus'qVaIna �3 1 5 0143.08 EOUPMEINT - - ------- -- - VJAI ER OFFIH,6SIVE VIATER Chl, 2 l W, 2 6 oz- Husqvalna FOUIPMEIN VOTER "I OFFEW51VE vvArER Sca Ward, Chai n Saw HKIII 372 WC -0143,10 EQUIPMENT 48111','o Quwk, 18 Wilift WATER S� WPOR f mlt kj� Vqaler I C Bad ell a Kd VIL) -0101100 . .............. l r E R SlJPIDORT ne, nupls, nylon, asmn'led Gramiger I VID 0102 CO WAI E R SUPPORT Chargw Hafty 12VDC Dmfiard . ...... . ... 71222 VID- 0 103 00 VVIO IER SljFIIPOR I" Funnel KO, 3 Piert Sm Rbirlo Gear 50(38 VID 0104.00 %IIIATER SUPPORT l3foont, Putlh, w1fibergla5s ljar�,Jje� 2,4" Gtal 13CW5 WD 05 00 AI ER W 'JAI SUPP()R � TWO Pa pen P05 $roH VIA) GI 06 OD WAT E P SI.WPOR r Tool Box 4WWsyNulrricaer PO 12030 WID-01 07 OD WA r E R SUPPORI Tord, M ed lan ic, As su l ed, Wa N eq 0 pe f a li uns Ma h ite i) a' "Ce vxrER f -an, Room (for liewing heal ifiness), WigW rAirVCIra9 9214 "JL)-Ojl)8,00 S' U P P 0 FIII I' Sj,Wp SrjlaT , Qjl jFwlammx, 11932169 87 648 MODIFICATION #1 TO AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF BOYNTON BEACH This Modification is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and the City of Boynton Beach ("Recipient"), to modify Contract Number T0284, which began on July 1, 2022 ("the Agreement'). WHEREAS, the Division has leftover appropriated US&R Grant LTRT funds; and WHEREAS, the Division would like to extend leftover funds to the Recipient; and, WHEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Section (8) FUNDING c., is hereby amended to read as follows: The Division will pay the Recipient only for the successful completion of each deliverable. The maximum payment amount for each deliverable is outlined the Budget and Scope of Work in Attachment A of this Agreement. The maximum payment amount for the entirety of this Agreement is $ 24,000. 2. Exhibit — 1 Funding Sources, is hereby amended to read as follows: Catalog of State Financial Assistance number: 31.078 Funding Amount: $ 24,000 3. Attachment A, Budget and Scope of Work, is hereby amended to read as follows: Budget For the described tasks and deliverables, compensation shall not exceed the total maximum amount of: Category Budgeted Amount 1: Sustainment $ 24,000 TOTAL $ 24,000 649 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. RECIPIENT: CITY OF BOYNTON BEACH Signature: Name: Title: Date: DIVISION OF EMERGENCY MANAGEMENT Signature: Name and Title: Kevin Guthrie, Director, or Ian Guidicelli, Response Bureau Chief, as Authorized Representative Date: 650 6.J Consent Agenda 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Proposed Resolution No. R23-128- FDOT Grant - Bicycle and Pedestrian Focused Initiative. Requested Action: Authorize the City Manager to sign all documents associated with the acceptance and subcontract agreement for the Florida Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement grant. Explanation of Request: The Florida Department of Transportation (FDOT) through a grant with the University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police Technology and Management (IPTM); Project # 433144-1-8404, Contract # G2M61 utilizes law enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. The goal of this effort is to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists using high visibility education and enforcement details. The Boynton Beach Police Department (BBPD) is allocated $5,438.24 toward overtime to support these efforts. Approval of this subcontract will allow BBPD to conduct education and enforcement operations in areas specified as high frequency crash fatality locations for pedestrians and bicyclists. BBPD has a long-standing history of successful programs through FDOT with this award as the first for the Florida Bicycle Pedestrian Focused Initiative subcontract with IPTM. Previous Years Awarded: FY 22/23 $9,542.22 FY 21/22 $6,831.51 How will this affect city programs or services? With rapid growth and expansion, there comes a need to further enhance our efforts to reduce traffic crashes, fatalities, and injuries related to pedestrians and bicyclists through education and enforcement. Pedestrians and bicyclists are more vulnerable than all other road users. Traffic crashes involving pedestrians and bicyclists are more likely to result in fatal or serious injuries than any type of traffic crashes. Fiscal Impact: There's no fiscal impact on the budget for approving this item; as an 651 alternative, the Police Department would need to rely on the general fund operating budget to support these enhanced public safety activities. Attachments: R23-128 FDOT Bicycle Pedestrian Initiative Grant 23-24.pdf 652 1 RESOLUTION NO. R23-128 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE CITY MANAGER TO SIGN ALL 5 DOCUMENTS ASSOCIATED WITH THE ACCEPTANCE AND 6 SUBCONTRACT AGREEMENT FOR THE FLORIDA 7 DEPARTMENT OF TRANSPORTATION (FDOT) FLORIDA 8 BICYCLE PEDESTRIAN FOCUSED INITIATIVE: 9 COMMUNICATION AND HIGH VISIBILITY ENFORCEMENT 10 GRANT; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, The Florida Department of Transportation (FDOT) through a grant with the 14 University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police 15 Technology and Management (IPTM); Project #433144-1-8404, Contract #G2M61 utilizes law 16 enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority 17 counties in Florida; and 18 WHEREAS, the goal of this effort is to reduce traffic crashes resulting in serious and 19 fatal injuries to pedestrians and bicyclists using high visibility education and enforcement 20 details; and 21 WHEREAS, approval of this subcontract will allow BBPD to conduct education and 22 enforcement operations in areas specified as high frequency crash fatality locations for 23 pedestrians and bicyclist; and 24 WHEREAS, upon recommendation of staff, the City Commission has determined that 25 it is in the best interests of the residents of the City to authorize the City Manager to sign all 26 documents associated with the acceptance and subcontract agreement for the Florida 27 Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: 28 Communication and High Visibility Enforcement Grant. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 30 BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. S:ACA\RESO\Agreements\Grants\FDOT Bicycle Pedestrian Initiative Grant (23-24) - Reso.docx 653 34 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 67 68 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the City Manager to sign all documents associated with the acceptance and subcontract agreement for the Florida Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement Grant, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 14th day of September, 2023. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA 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: David N. Tolces Interim City Attorney S:ACA\RESO\Agreements\Grants\FDOT Bicycle Pedestrian Initiative Grant (23-24) - Reso.docx 654 6.K Consent Agenda 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Proposed Resolution No. R23-129- Coquina Cove FY 23-24 DEP Resilient Florida Program - Notice of Grant Award and Supplement Funding Request. Requested Action: Approve supplemental funding request in the amount of $1,610,981.50 to the Florida Department of Environmental Protection Resilient Florida Grant Program for the Coquina Cove Drainage Improvements and authorize the Mayor to execute all documents associated with the grant, accept the grant, and execute the grant agreement subject to the approval of the City Attorney. Explanation of Request: On September 6, 2022 the City submitted Application # RAN -00474 for funding consideration from the Department of Environmental Protection's Office of Resilience and Coastal Protection, Resilient Florida Program for the implementation of the Coquina Cove Drainage Improvements. On July 19, 2023 FDEP informed the City has been awarded in the amount of $1,500,000 from the Fiscal Year 2023-2024 Statewide Flooding and Sea Level Rise Resilience Plan and assigned the grant # 24SRP12. This funding will be provided through a cost -reimbursement grant agreement. On August 30, 2023 the City submitted Application #RAN -00866 for supplemental funding request in the amount of $1,610,981.50 considering construction cost escalation and the sanitary sewer infrastructure in the area is equally vulnerable as it reached the end of useful life and it cannot be repaired. It is more efficient to adapt those components in conjunction with the stormwater project. The increase in cost of the project as shown below includes the increase in drainage portion of the construction from $3,134,213.00 to $4,431,500.00 and additional sewer replacement cost of $1,924,676.00. 1. Coquina Cove Ocean Inlet and Shore Drive Gravity Sewer Replacement Preliminary Cost Estimate: Resiliency and Adaptation Project Construction: $1,924,676.00 655 2. Increased Costs from Stormwater Construction: Resiliency and Adaptation Project Construction: $4,431,500.00 from 3. 2023 Updated Cost Estimate $6,356,176.00 Additional funding the City is requesting: 1. Previous Total project cost: $3,134,213.00 2. 2023-2024 Statewide Flooding and Sea Level Rise Plan Grant Award: $1,500,000.00 3. City 52% Cost Share: $1,634,213.00 (A 4. 2023 Updated Cost Estimate: $6,356,176.00 5. Difference between Original Grant Total Budget and Current Budget: $3,221,963.00 6. Additional Funding request: $1,610,981.50 7. City 50% of Cost Share of additional funding request: $1,610,981.50 (B) 8. Proposed Total City's Cost share: ° (IB) $3,245,,'I94 5 1 How will this affect city programs or services? The goals of FDEP Resilient Florida Planning Grant Program of reducing adverse impacts from flooding to vulnerable populations supports the implementation of climate adaption strategies recommended by the 2021 Multi - Jurisdictional Climate Change Vulnerability Assessment. Fiscal Impact: The requested 50% local match for the project is available in the Coquina Cove Improvements accounts: 403-5000-538-65.09 UC 2102 403-5000-535-65.04 UC 2102 403-5000-533-65.02 UC 2102 Attachments: R23-129 FDEP Resilient Florida Grant Supplemental Funding Coquina Cove Drainage.pdf Memo_Cost_Differential_Coquina_Cove FINAL 8-28-23.pdf AECOM Coquina Cove Cost Estimate 60% Updated 081723.pdf Coquina Cove Sewer Replacement Cost Estimate Aug 2023.pdf FDEP Coquina Cove RF Grant Award 7-19-23.pdf FDEP Coquina Cove RF Application #RAN -00866 additional funds 8-30-23.pdf R22-134.pdf 656 1 RESOLUTION NO. R23-129 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING A SUPPLEMENTAL FUNDING REQUEST IN THE AMOUNT OF 5 $1,610,981.50 TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL 6 PROTECTION RESILIENT FLORIDA GRANT PROGRAM FOR THE 7 COQUINA COVE DRAINAGE IMPROVEMENTS AND AUTHORIZING THE 8 MAYOR TO ACCEPT THE GRANT, AND EXECUTE ALL DOCUMENTS 9 ASSOCIATED WITH THE GRANT, INCLUDING THE GRANT AGREEMENT 10 SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; AND PROVIDING 11 AN EFFECTIVE DATE. 12 13 14 WHEREAS, on September 6, 2022 the City submitted Application # RAN -00474 for 15 funding consideration from the Department of Environmental Protection's Office of Resilience 16 and Coastal Protection, Resilient Florida Program for the implementation of the Coquina Cove 17 Drainage Improvements; and 18 WHEREAS, on July 19, 2023 FDEP informed the City that it has been awarded the 19 amount of $1,500,000 from the Fiscal Year 2023-2024 Statewide Flooding and Sea Level Rise 20 Resilience Plan and assigned the grant # 24SRP12; and 21 WHEREAS, On August 30, 2023 the City submitted Application #RAN -00866 for 22 supplemental funding request in the amount of $ 1,610,981.50 considering construction cost 23 escalation and the sanitary sewer infrastructure in the area is equally vulnerable as it reached 24 the end of useful life and it cannot be repaired. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. S:ACA\RESO\Agreements\Grants\FDEP Resilient Florida Grant (Supplemental Funding)(Coquina Cove Drainage)- Reso.Doex 657 30 Section 2. The City Commission approves a supplemental funding request in the 31 amount of $1,610,981.50 to the Florida Department of Environmental Protection Resilient 32 Florida Grant Program for the Coquina Cove Drainage Improvements and authorizes the 33 Mayor to accept the grant and execute all documents associated with the grant including the 34 Grant Agreement subject to the approval of the City Attorney. 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 14th day of September, 2023. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 40 Mayor — Ty Penserga 41 42 Vice Mayor — Thomas Turkin 43 44 Commissioner —Angela Cruz 45 46 Commissioner — Woodrow L. Hay 47 48 Commissioner —Aimee Kelley 49 50 VOTE 51 ATTEST: 52 53 54 Maylee De Jesus, MPA, MMC Ty Penserga 55 City Clerk Mayor 56 57 APPROVED AS TO FORM: 58 (Corporate Seal) 59 60 David N. Tolces 61 Interim City Attorney S:ACA\RESO\Agreements\Grants\FDEP Resilient Florida Grant (Supplemental Funding)(Coquina Cove Drainage)- Reso.Docx 658 Memo Date: Monday, August 28, 2023 Project: Boynton Beach Coquina Cove To: Poonam Kalkat, PhD, Utilities Director From: Angela Prymas, P.E. Subject: Construction Cost Estimate Increase Justification and Updated Values This memorandum supports a Supplemental Resilient Florida Grant Application made to the Florida Department of Environmental Protection (DEP) for the 2023 Resilient Florida Grant Cycle. As part of the Coquina Cove project and grant application submitted to the Department of Environmental Protection in 2022, City consultants developed conceptual adaptation design plans that captured the proposed Coquina Cove project design and cost estimates at that time. Since that time, two things have occurred: 1. Sanitary Sewer: It has become clear that while the stormwater infrastructure needs to be adapted, the sanitary sewer infrastructure in the area is equally vulnerable as it reached the end of useful life and it cannot be repaired. It is more efficient to adapt those components in conjunction with the stormwater project; and 2. Increased cost of existing stormwater project redesign: A change is necessary to the original stormwater design' that contemplated an outfall to the intracoastal and now an injection well is needed. Cost estimates for the sanitary sewer project are attached to this memorandum for the Ocean Inlet and Shore Drive Gravity Sewer Replacement. The initial construction cost estimates were based on the Conceptual Engineering design. 1. Coquina Cove Ocean Inlet and Shore Drive Gravity Sewer Replacement Preliminary Cost Estimate Resiliency and Adaptation Project Construction: $1,924,676.00 2. Increased Costs from Stormwater Design Changes Resiliency and Adaptation Project Construction: $4,431,500.00 2023 Updated Cost Estimate $6,356,176.00 ' Adding catch basins to connect to existing outfalls, upgrading a 4 -inch outfall to 24 -inch, complete standard paving and grading, replacement of an existing Asbestos -Cement (AC) water main, lining of sanitary mains, replacement of sanitary laterals, and utility relocation to accommodate the drainage improvements. 1 659 Grant Needs Summary: 1. Calculations: a. Previous Total project cost: $3,134,213.00 b. 2023-2024 Statewide Flooding and Sea Level Rise Plan Grant Award: $1,500,000.00 C. City 52% Cost Share: $1,634,213.00 (A) d. 2023 Updated Cost Estimate: $6,356,176.00 e. Difference between Original Grant Total Budget and Current Budget: $3,221,963.00 e. Additional Funding request: $1,610,981.50 f. City 50% of Cost Share of additional funding request: $1,610,981.50 (B) g. Proposed Total City's Cost share: (A) + (B) = 3,245,194050 2. What are the additional funds the City is requesting: Additional Funding request: $1,610,981.50 City 50% of Cost Share of additional funding request: $1,610,981.50 2 660 I Reinforced Concrete Pipe 18" LF 437.0 $ 223.00 $ f J 97,451 j J J $ 97,500 Public Engagement 2 Reinforced Concrete Pipe 24" LF 2,934.8 $ 250.00 $ 733,700 $ 733,700 $ 203,165.00 3 24" French Drain LF 132.3 $ 260.00 $ 34,385 $ 34,400 4 Outfall Barnacle Removal LF 539.4 $ 52.24 $ 28,175 $ 28,200 5 Concrete Manhole, 5' Diameter EA 19.0 $ 7,989.78 $ 151,806 $ 151,800 6 Valley Gutter Inlet, 4' Diameter EA 18.0 $ 5,667.74 $ 102,019 $ 102,000 7 Type C Ditch Bottom Inlet EA 2.0 $ 5,428.00 $ 10,856 $ 10,900 8 Type 10 Inlet EA 2.0 $ 15,102.84 $ 30,206 $ 30,200 9 Inlet Filters EA 18.0 $ 354.00 $ 6,372 $ 6,400 10 Tideflex Valves (outfalls) EA 4.0 $ 11,800.00 $ 47,200 $ 47,200 11 Asphalt Pavement Removal SY 8,013.0 $ 20.06 $ 160,740 $ 160,700 12 2" Type SP -9.5 Asphalt SY 8,013.0 $ 19.81 $ 158,726 $ 158,700 13 8" Limerock Rock SY 8,414.6 $ 28.50 $ 239,815 $ 239,800 14 12" Compacted Subgrade SY 8,814.8 $ 12.00 $ 105,777 $ 105,800 15 Concrete Valley Gutter LF 5,939.8 $ 48.85 $ 290,157 $ 290,200 16 Driveway Removal and Replacement SY 1,512.5 $ 121.13 $ 183,207 $ 183,200 17 Inlet Protection EA 18.0 $ 200.31 $ 3,606 $ 3,600 18 Silt Fence LF 5,650.0 $ 2.45 $ 13,843 $ 13,800 19 Floating Turbidity Barrier LF 320.0 $ 19.44 $ 6,221 $ 6,200 20 Sodding SY 1,150.0 $ 19.60 $ 22,540 $ 22,500 21 Sanitary Sewer Service Laterals EA 65.0 $ 1,180.00 $ 76,700 $ 76,700 22 6" DIP Watermain LF 10.0 $ 285.00 $ 2,850 $ 2,900 23 8" DIP Watermain LF 1,684.8 $ 250.00 $ 421,188 $ 421,200 24 8" Gate Valve & Valve Box EA 2.0 $ 3,687.89 $ 7,376 $ 7,400 25 12" x 8" Tapping Sleeve With Valve and Valve Box EA 1.0 $ 10,655.40 $ 10,655 $ 10,700 26 8" Fittings, DIP Bends EA 6.0 $ 1,593.87 $ 9,563 $ 9,600 27 8" DIP Tee EA 1.0 $ 3,390.69 $ 3,391 $ 3,400 28 8" x 6" DIP Reducer EA 1.0 $ 1,728.87 $ 1,729 $ 1,700 29 8" DIP Cap EA 1.0 $ 589.00 $ 589 $ 600 30 8" Mechanical Joint Restraint EA 74.0 $ 376.15 $ 27,835 $ 27,800 31 Water Service (Single Service - 1") - Long Service (30') EA 16.0 $ 5,000.00 $ 80,000 $ 80,000 32 Water Service (Single Service - 1") - Short Service (20') EA 16.0 $ 3,500.00 $ 56,000 $ 56,000 33 1" Meter, Coupling, Meter Box and Cover EA 32.0 $ 1,014.80 $ 32,474 $ 32,500 34 New Fire Hydrant Assembly EA 6.0 $ 11,200.00 $ 67,200 $ 67,200 35 Grouting/Deactivation of Existing 8" Pipe LF 1,690.5 $ 97.50 $ 164,824 $ 164,800 36 Permits Allowance (Health Department) LS 1.0 $ 11,800.00 $ 11,800 $ 11,800 37 Pressure Test and Disinfection LS 1.0 $ 15,000.00 $ 15,000 $ 15,000 39 Test Well EA 1.0 $ 42,178.00 $ 42,178 $ 42,200 40 24" Drainage Well EA 1.0 $ 75,000.00 $ 75,000 $ 75,000 41 Stormwater Collection Box/ Infrastructure EA 1.0 $ 40,000.00 $ 40,000 $ 40,000 42 Drainage Well - Engineering/ Permitting/ CEI LS 1.0 $ 20,000.00 $ 20,000 $ 20,000 43 Dewatering LS 1.0 $ 250,000.00 $ 250,000 $ 250,000 44 Preconstruction Professional Photographs & Video LS 1.0 $ 3,500.00 $ 3,500 $ 3,500 45 Utility Coordination LS 1.0 $ 45,000.00 $ 45,000 $ 45,000 46 Mobilization (6%) LS 1.0 $ 233,508.00 $ 233,508 $ 233,500 47 Maintenance of Traffic (5%) LS 1.0 $ 194,590.00 $ 194,590 $ 194,600 48 Material Testing (2%) LS 1.0 $ 77,836.00 $ 77,836 $ 77,800 Subtotal $ 3,533,300 49 Construction Contingency (15%) LS 1.0 $ 529,995.00 529,995 1 530,000 Subtotal $ 530,000 Total $ 4,063,300 50 Engineering & Permitting LS 1.00 $ 145,000.00 $ 145,000 $ 145,000.00 51 Public Engagement LS 1.00 $ 20,000.00 $ 20,000 $ 20,000.00 52 IConstruction Administration (5%) of Construction I LS 1.00 $ 203,165.00 $ 203,165.00 $ 203,200.00 TOTAL COST ESTIMATE $ 4,431,500 661 9/1/2023 662 COQUINA COVE - OCEAN INLET & SHORE DRIVE GRAVITY SEWER REPLACEMENT PRELIMINARY CONCEPTUAL COST ESTIMATE ITEM NO DESCRIPTION QTY UNIT UNIT COST VALUE GENERAL CONDITIONS 1 Mobilization/Demobilization, Bonds, Insurance and General Requirements. 1 LS $ 87,000.00 $ 87,000.00 2 NPDES 1 LS $ 6,000.00 $ 6,000.00 3 MOT 1 LS $ 10,000.00 $ 10,000.00 3 Record Drawings 1 I LS $ 18,000.00 $ 18,000.00 4 Pre- and Post -Construction Photos and Videos 1 I LS $ 3,000.00 $ 3,000.00 Sub -Total General Conditions $ 124,000.00 SEWER 5 8" C-900 PVC Gravity Sewer Pipe 2,608 LF $ 170.00 $ 443,360.00 6 Removal and Disposal of Existing Clay Sewer 2,608 LF $ 10.00 $ 26,080.00 7 Rehab Existing Sanitary Sewer Manhole 12 EA $ 7,500.00 $ 90,000.00 8 6" PVC C900 Sewer Lateral and Cleanout 64 EA $ 5,200.00 $ 332,800.00 9 Sewer By-pass during construction 1 LS $ 35,000.00 $ 35,000.00 10 Trench Repair - Backfill, Compaction, Density Testing and asphalt 2,700 LF $ 50.00 $ 135,000.00 11 Miscellaneous restoration 1 LS $ 40,000.00 $ 40,000.00 12 Well Point System and Dewatering 1 LS $ 150,000.00 $ 150,000.00 13 Remove and Replace Lift Station Piping 1 LS $ 10,000.00 $ 10,000.00 14 Lift Station Wet Well Coating 1 LS $ 15,000.00 $ 15,000.00 15 By-pass During Lift Station Rehabilitation 1 LS $ 5,000.00 $ 5,000.00 16 Replace existing 7.5 HP Pumps 2 EA $ 25,000.00 $ 50,000.00 Sub -Total Sewer $ 1,332,240.00 SUB -TOTAL CONSTRUCTION COSTS $ 1,456,240.00 17 Survey, Engineering & Permitting 1 LS $ 250,000.00 $ 250,000.00 18 Construction Administration 5% of Construction 1 LS $ 72,812.00 $ 72,812.00 19 Contingency 10% of Construction 1 LS $ 145,624.00 $ 145,624.00 TOTAL COST ESTIMATE $ 1,924,676.00 9/1/2023 662 Prymas, Angela From: ResilientFloridaGrants <ResilientFloridaGrants@floridadep.gov> Sent: Wednesday, July 19, 2023 2:48 PM To: elliotc@bbfl.us Subject: FY 23-24 DEP Resilient Florida Program - Notice of Grant Award Dear City of Boynton Beach, Thank you for submitting your grant application, RAN -00474 for funding consideration from the Department of Environmental Protection's Office of Resilience and Coastal Protection, Resilient Florida Program. We are pleased to inform you that your project, City of Boynton Beach Coquina Cove Drainage Improvements, has been awarded in the amount of $1,500,000 from the HscaV Year 2023..2024 Statewide Hood.in and Sea ILeveV Rise Resfluence Nan. This ............................................................................................................................................................................................................g.............................................................................................................................................................................. funding will be provided through a cost -reimbursement grant agreement. In order to ensure the smooth administration of the grant agreement drafting process, we ask that you acknowledge receipt of this award and indicate your acceptance within ten (10) business days by emailing the R si:V.ii. �.D:D...IIoro d'.a..ra.nts. .(:'..V2.!Jd'.a.D.E..,.g y inbox. In your acknowledgement, please include the name and contact information for the individual who will be best available in assisting the Department with the compiling of all required documents and agreement edits. Please note that the grant manager and fiscal agent listed in the project application have both received this email. Next Steps: 1. Grant kickoff meeting via Microsoft Teams (the Department will schedule) 2. Receive initial documents 3. Collaborative grant drafting 4. Execute grant agreement Thank you for your participation in the Resilient Florida Program. We look forward to working with you! If you have additional questions, please contact the Grants Team at R siientFlori arants (jordaE.P. Y. ,.r..... Grants Section Resilient Florida Program Office of Resilience and Coastal Protection lfZesiilliie.intlf:::Iloiriida ira.ints lf::ll_ ir:i lf: if if ::_gov Office: 850-245-7600 663 Prymas, Angela From: Lacroix, Tessy W. Sent: Thursday, August 31, 2023 11:39 AM To: erin deadylaw.com Cc: Prymas, Angela Subject: FW: Application Submitted Hello Erin, You were correct. I found the confirmation email for Coquina Cove in my Junk folder. Please see below. Thank you, Tess p rsry II a c r k :I��yA int VII"��iari� llag Senkes �RB�11(R o,imton I3&: �Iorkia 33,1125 "II.00 p"",„ d�'NVM"ear Pii,'' iY rr�:�':;n Ind ;��;:I'V I Ii,liP'"8fw� b 5 n M � � an � �..G �ri,�� @W''p.us br��,,It uum b uch,��Jrg/ klIl��Ilr�,,::��IhlII^�,m�ssu�ii�itYui,w,dIt[�]�uAa�Mu��:�„��rhasd rabnw��u�°:�ppr�'�Iy�ss-�,u��corr:NsVai��il�I?,,�dqr”u::Wow��VVcorr��Ws�m��r;::r"ua1enci:?bi�rviIIuII:a�„�:n�rsn�:u��:�u,,,��apVllu°u�X,I,I�dII,,ipIlk:��My^�q.�Vm�uIeI:t�:�i-i1�III � p�'�.AO�,I�4SUr"Ni„�A JNN�,�N�„��N p p��PP�.N�I�.��ia r'�...��.io dp paIH , ern::d� � 7A�4P�i�.ssii hs ar'� p.,Ptl„pp.spPc NI��.c ��,UW��.��is W p N,,,.��,�l''��''p �ibPii,? �II��U ��.Ii... mak ciii"])rP��NUUO�.�pNPN��.tl�NP��n tl 04 Nip your W�II,,.4 aH address rnaV be suiiblectto p;:'�u�i.,�prpua c:p'sc useu:�!r. -----Original Message ----- From: noreply@salesforce.com <noreply@salesforce.com> On Behalf Of Tess Lacroix Sent: Wednesday, August 30, 2023 11:40 AM To: Lacroix, Tessy W. <LacroixT@bbfl.us> Subject: Application Submitted This is not a notice of award Greetings, Your community's () Resilient Florida Program grant application for the project titled "24SRP12 City of Boynton Beach Coquina Cove Drainage Improvements" has been successfully submitted. The serial number associated with your application is Application #RAN -00866. If you have questions or concerns and need to contact us regarding your application, please provide your project title and serial number so that we may better assist you. Please visit the Resilient Florida Program website <https://urldefense.com/v3/_https://floridadep.gov/rcp/resilient-florida- program_;!!OZSZnROwXMiEdnR8Y8s!m3gsHl2h_GTkU10vjHyGxZy8VOy6OXmJQwHp4ytzrSWsy7yLsNyElfdOQ7PJMcDWhf7Bh93 UgGwdlNhgwW4$> to view the latest Program information as well as any additional grant opportunities and grant award calendar within the Office of Resilience and Coastal Protection. 664 Sincerely, Resilient Florida Program Office of Resilience and Coastal Protection Resilience@ Florida DEP.gov <mailto:Resilience@ Florida DEP.gov> (850) 245-7600 This is not a notice of award 665 12 13 14 15 16 17 18 19 20 21 22 23 2�4 25 216 2�7 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL I LA m WHEREAS, on May 12,2021, Governor Ron dSainti:s signed into law Senate Bill 1954, now section 380,093, F.S. which established new Resifient Florida grant programs, that are available to counties, rnUnicipalities, water management districts, flood control districts and regional resilience entities; and WHEREAS, the Statewide Flooding and Sea Level Rise Resilience Plan provides state and federal funding for infrastructure projects that address risks of flooding or sea level rise identified in vulnerability assessments, that meet the requirements of the, statute,- and WHEREAS, the City of Boynton Beach is submitting an application for the Coquina Cove Drainage Iryiprovement project to be included in the Statewide Flooding and Sea Level WHEREAS, the reqUested grant funding for the project is $1,500,000 for construction, with a 52% City cost share for a total estimated project cost of $3,134,211 '10Y U1 k 1[91-0 111114:1-IT41-, M 9 [*J -R -J ant-, 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. ROO lent Honda Omit lCoquina Cove Mainage)Reso Dm\ 28 Section 2. The City Commission approves and authorizes the Mayor to sign a grant 29 application to the Horida Department of Environmental Protection for a Resilient Florida 30 infrastructure Grant for the Coquina Cove Drainage Improvements project with a 52% City 31 cost share of $1,63,4,2113, a copy of which is, atta:ched', hereto and incorporated herein as Exhibit 33 Section 3. This ReSOlUti011 shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 22nd day of September, 2022. 35 CITY O,F BOYNTBEACH, FLORIDA 36 37 YES NO 38 39 Mayor - Ty Penserga 40 41 Vice Mayor - Angela Cruz 42 43 Commissioner - Woodrow L. [lay 44 45 Commissioner - Thomas TUrkin 46 47 Commissioner - Aimee Kelley 48 49 VOTE 50 51 ATTE &Tr 52 (- 53 . ........... 54 Mayl:eeD 'esus Ty Pe , 55 City C -k-'I Mayor 56 C) 57 58 g, APM�EP, AST,0 FOR), dy O Sea CO, (Corporate 59 60 Michael irullo, Jr. 6111 City Attorney S ('A ,RI SOA Rv"'J I! I C I 1 Ho6da Own( (Coquma Cove I )rafii age), - Reso. I Xxx 667 9/6/22, 1 OA8 AM Go A-111711,1110TAM] RAN -0,0474 - Satesforce - Enterprise Edition State Agency Florida Department of Environmental Protection State Progirairn Resilient Florida Applicant Information Grant Funding Type Funding for Resilient Florida — Infrastructure Grants 27.7123=8= ;m17UMMmmi M. RPG Project, Type Entfty Category Ty Penserga County, Miuniicipality, or Authorized Special District Addressing Risks of 46*04"'TO Vulnerability Assessment status Submitted Applicant Contact Applicant Fiscal Corinne El int. Agent Applicant Grant Rebecca Harvey Manager Project Title Coquina Cove Drainage, Improvements Project Location Resilient Florida Grant Mitigate threats from flooding and sea Project Goo Location Program Types level rise; Coastal Flood Control; Narrallve, Domestic Wastewater Infrastructure; Stormwater Infrastructure, Transportation and Evacuation, Utilities Infrastructure List the Clty(les)l lieu n(s)NIllago(s) State Lands, or State Parks, Utilized Area Served Sponsor it /Count Total Population Prior Vulnerability Prior Vulnerability Share Project Critical Assets im State Lands Lease Agreement No. t nx"*,1k;&A Project Gee Location Metedsta Percent of Population Total Grant Match Amount Arnount Requested P rfor Vu I no ra bility Entifies 16 Canal). The neighborhood is approximately 15.5 acres in size and consists of two roadways,, Ocean Inlet Drive and Shore Drive, and 64 siingle- family residences. The project will be implemented in the City's right-of-way, and easements granted to the C ww 668 httpsllfdep.my.salesforce,com/al95GO00,0OX3kuEQAR/p UW 9/6/22, 10:48 AM; RAN-00474 - Salesforce - Enterprise Edition road flowding from heavy irainfall events and stoirm surge. This drainage improvement wject is needed to improve level of service to the from flooding in the I 00-year/72-1hour design stoirm event, and keeping; roadways to 0:.5 feet or less of flooding for the 1 0-year/72-1hour event and 0,8 feet or less, for the 25-year/72-hour event�, Utilities wwwroadening the scope to include rehabilitation of drainage, sanitary sewer, and drinking water infrastructure. The assessment found 11111"i'VIIIIIII1,11www WI-111 "Wil the Intracoastal Waterway, and that eixisting drainage structures were MOW 1 "19 1 i 111"0 1 1 and undersized water maiins, replace 669 hftps:/Mdep.my.sale,s,fo,rre-conVa1195GO,OOOOX3kuiEGAR/p 4f V, 916122, 10:48 AM RAN -00474 - Salesforce - Enterprise Edition lining to the sanitary sewer main to ammr' to extend its useful life, and address continually failing asphalt on top of the 11610 le,roject Fit The Coquina Cove Drainage Improvements project entails necessary modifications and supplementations to Storrnwater Infrastructure to improve drainage level of service. The project addresses Coastal Flood Control and alms to Mitigate Threats from Flooding and Sea Level Rise identified in the comprehensive vulnerability assessment. The project also addresses Transportation and Evacuation because it involves flood mitiigatilon on two nei1 g I hborhood roads which needto be safe to drive for residents to egress the cod access the evacuation, route on N, Federal Hwy. The project includes replacement and upgrades to Domestic Wastewater Infrastructure and Utilities Infrastructure including the sanitary sewer system andreplacement of a drinking water miain. G1 Critical Asset VAAP Yes GI Critical Asset VAAP The CVA assessed vulnerabilities, and Explanation risks to tidal flooding, storm surge, and rainfall -induced flooding for current (2020) conditions, NIOAA intermediate - low projection for 2040 (4" above 2020), TAA intermediate, -high 20401intermediale-low 2070 (11'"), and NOAA intermediate-1high 2070 (33"), The assessment identified both roads (Shore Dr. and Ocean Inlet Dr.) and 82% of the 64 residential parcels in; Coquina Cove neighborhood as highly vulnerable and at risk to, 2020 and 2040 storm surge and 2020 rainfall flooding; and 98% of residences as highly vulnerable and at risk to 2070 storm surge and 2070 rainfall flooding. Tidal flooding was not found to be an imm"ate threat, but by 2070 80% of parcels were in inundation extent with 20% identified as medium to high Mnerability. The project will ireduce these risks by upgrading the Coquina Cove drainage system (including piping, drainage structures, outfalls, grading and paving) to increase flood resilience. G1 Flood Erosion Yes Gli Flood Erosion The, rainfall -induced flooding threat in the Re,ducing Reducing Explanation CVA is technically a measure of compound flooding (as defined in 62S- 8.002). The model combined rainfall depth over the 1 00 -year, 24-hour storm event with sea level' rise estimates (added to the, existing conditions high, - tide value) to estimate future water depths. The assessment identified the roads (Shore Dr. and Ocean Inlet Dr.) and 97% of the 64 residential parcels in Coquina Cove neighborhood as highly vulnerable and at risk to 2,020 rainfall flooding„ and 98% of residences as 670 hftpsl/fdep,my.saWsforce.c,om,/al95G,00010OX3kulEQAR/p 916122, 10:48 AMI RAN -00474 - Salesforce - Enterprise Edition highly vulnerable and at risk to 2070 to increase flood resili�enicei. GI Regionally No G1 Regionally Significaint, Significant Explanation Gil Percent CA 80% or more G11 Percent CA "Medium to high vulnerability and risk"' Vulnerable Vulnerable (V&R) was defined based on exp'es ure, Explanation sensitivity, adaptive capacity„ risk probability and risk consequence, Storm surge and tidal floodling were assessed for 20,20, 20,40, and 2070, sea -level rise scenarios outlined in paragraph 380-093(3)(d), F.S. Rainfall -induced flooding was assessed for 2020 ( 1 00 -yr and 500 -yr), 2040 (100 -yr, 5" SLR above 2020 baseline) and 2070, (1 00 -yr, 33" SLR). Critical assets identified as V&R for (2020, 20140, and 2070) include: CrifticA all 4 stormwater outfalls Drinking water distribution system: 100% - AC water main on Ocean Inlet Dr, Wastewater conveyance system: 97%, - sanitary miains and sanitary laterals Transportation: 100% - Shore Dr. and - "W'MI&M water infrastructure s- ,, e ng Flood Yes, by incorporating new or enhancedGI Existing Flood Improved drainage system and Mitigation structure Mitiligation Explanation upgrades to water and sanitary sewer 01 S�ite Currently Has been flooded at least 3 times in the i Flood last 5i years or is experiencing ongoing erosion https!llfdep.my.sal,asforce.conVal96GO0,00OX3kuEQAPJp GI Site Currently Several times a year, normal and severe I Flood Explanation rainfall events cause localized flooiding. Severe events cause major flooding (6- 10") on t.h a a ast a nd s of both roadsan d the community entrance making the road impassable and disrupting community access r• (Exhibit C — Flooding Photos). Additionally, the deterioration of the roadway poses a traffic hazard. Problems also arise with ground saturation from continuous rainfall events. Documentation is preseinted in attached Exhibit D — Alternatives Analysis Report (results ppi. 5-6 and map i Tables 2, 3 wardocument that the existing drainage system falls to meet level of service in 5 of the 7 modeled subbasins, for the 1 0-year/72-1hour and 25-year/72- hour storm events-, and in 4 suibbasins for the 1 00-year/72-hour event. This 671 11. 9/6122, 1 OA8 AM RAN -00474 - Salesforce - Enterprise Edition means that in these areas, roadways are currently not protected from 0.5 feet of flooding for the 10i -year event and 0.8 feet for the 25 -year event; and structures are not protected from flooding in the 100 -year event. G1 Current Flood Zone Flooding: greater than 3 inches in last 3 G1 Current Flood Zone years or has ever experienced Explanation unmitigated erosion G1 Project Design Partially designed or site-specific G1 Project Permitting AIII necessary permits have been Stage environmental or geotechniical reports Stage Explanation identified and:: will be obtained when the have been, completed design is at a 90%, Currently, the design is, at 601%. The current 24 -inch pipe on Ocean Inlet Drive has a permanent drainage easement. The City has not yet secured the necessary easement for additional ouffall on Shore Drive. G1 Project Permitting, Necessary permits and easements have G1 Cost Share There is $1,400,000 in matching funds Stage been identified Explanation budgeted for construction in the City of Boynton Beach Utilities Capital Improvement Plan (CIP) fiscal year 2022-2023 budget (Exhibft E). The City has already spent $234,213 on preconstruiction activities (Tasks 1-6 detailed in the Task table below) for a total match of $1,634,213 (52%) GI Cost Shore Yes G1 Habitat Enhancement Explanation Gil Habitat No G1 Critical Habiltat Enhancement Explanation GI Crtfical Habitat No G1 Project Cost Initial engineering: tasks have been Effective Explanation completed, which included alternatives formulation and evaluation. The selected alternative was the most efficient way to resolve the neighborhood issues (see Exhibit D - Alternatives Analysis Report). The 60% Engineer's Preliminary Opinion of Probable Construction Cost is approximately $3 milhon, After completion of design, staff will work with, the engineering consultant to perform value engineering in order to implement the most cost-effective and tachnically sound project at the best price and schedule. G1 Proloct Cost 'Yes tai Funding Secured There is $1,400,000 in matching funds Effective Project Explanation budgeted for construction in, the City of Boynton Beach Utilities Capital Improvement Plan (CIP) fiscal year 2022-202!3 budget (Exhibit E), The City has already spent $234,213 on preconstruction, activities (Tasks 1-6 detailed in the Task table below) for a total match of $1,634,213 (52%) 01 Funding Secured Yes (Cost share has been secured) GI previous State For Project Involvement Explanatto GI Previous State None G1 Will Exceed FIL The project will exceed requirements of Involvement BIlding Code local floodplain management Explanation regulafions. Florida Building Code flood - resistant requirements are for the structures (i.e., houses). The project will be implemented in the streets/rights-of- 672 https:/Ifdep,my.sallesforce.comlal95GO1000OX3kuEQAR�p gt6t2:2, 10i�48 AM RAN -00474 — Salesforce - Enterprise Edition for outfalls, GI Will Exceed Florida Yes GJ Innovative Tech Building Code Reduce Cost Explanati GI innovative Tech No G1 Community Referencing the 20,20 American Reduce Cost Financially Community Survey 5 -Year Estimates for Disadvantaged E Median Household Income in the Past 12, Months (in 2020, inflation-adjusted dollars) (item numbers S 1903 and B19013, data.census.gov), both the Census Tract and Census Block Group containing Coquina Cove have a lower median household income than the City and State medians, Median Household Income: State of Florida - $57,703 City of Boynton Beach - $56,850 Census Tract 57.02 ^..-' 4 ,899 Census Tract 57.02!, Block Group 4 - 4,1g GI Community Yes GI Bertefit Spring Financially Explanation Disadvantaged GI Benefit Spring No GI Protect Water Sources Explanation GI Protect Water No G1 Facilities Waste Improvements to aging infrastructure in Sources Treatment Explanatio the sanitary sewer system, including replacement of sanitary sewer laterals to the homes, addition of fining to the sainitary sewer main to resolve leakage and inflation as wells as to extend its useful life, and manhole rehabilitation, G1 FacUlties Waste Yes G I Convert Soptic To Treatment Sewer Explanation GI Convert Septic To No GI Green Stormwater Sewer Infrastrure Expl GI Green Stormwateir No GI Applied Other Infrastructure Programs Explanation GI Applied Other No programs GI Community 8,0,869 Population �Project Work Plan Project Summary The Coquina Cove Drainage Project Description The City of Boynton Beach's CVA Improvements project will mitigate identified critical assets in the Coquina coastal floodingi and provide an improved Cove neighborhood as highly vulnerable level of service to a, neighborhood with and at risk to current storm surge and vulnerable critical assets identified in a rainfaili-induced flooding, with vulnerability assessment. The project vulnerabilities worsening in sea level rise includes adding catch basins, to connect scenarios for 2040 and 2070. Coquina to existing outfails, upgrading a 4 -inch Cove is a low-lying coastal area with outfall to 24 -inch, complete standard aging infrastructure that currently paving and grading, replacement of an experiences road flooding from heavy existing Asbestos -Cement (AC) water r'ainfalllll events ands storm; surge. The City main, lining of sanitary mains, conducted site reconnaissance and replacement of sanitary laterals, and determined that the neighborhloodl has utility relocation to accommodate the an insufficient drainage network that drainage improvements. needs modifications or supplernentations. The current system utilizes four (4) existing outfalls, ranging 673 hftps:itfdep.my. salesforce,com/al95GO,000,OX3kuEQARYp 1. 91612!2, 10A8 AM RAN -00474 - Salesforce - EnterpOse Edition service to the neighborhood. Works andUtilities began in 2019 to define the neighborhood needs and project scope, In 2020 the City the entire neighborhood, including topography, elevations, utilities, easeirrients, edge of Pavement, and landscaping, In IMay 2021, the City C-,*xtr?cted4uit)t AEC#V f*r tie Osigr,- permitting, public engagement and limited services during construction. AECOM provided 60% construction July 2021 and August 2022. Project Feasability Project Vulnerability Vulnerability Assessment include State Budget Budget Narrative Work Performed by lindirect Percent 07= Authorized 84 gners Ty Peniserga Signature Certification Agreement 674 http,s:llfdep.my.salesforce.cmlal95GO000OX3kuEQARYp — 9/6/22, 1Q48 AM RANI -00474 - Salesforce - Enterprise Edition System Information, Created By Rebecca Harvey, 8131/20,22 9:02 AM P,repareir Type Applicant Preparer Contact Rebecca Harvey EGR Application Nlame Fi�l�es Coquina Cove - Exhibit H - AE,COM Phase I P.O. Cwuiina Cove - Exhibit G - AECOM Phase I Proposal ..... ........................ . . . Last Modified 9/112022 101.24 AM Last Modified 911/202210:24i AM Created By Rebecca Harvey Created By Rebecca Harvey Coquina Cove - Exhibit F - Topgraphic Survey Coquine Coibit E - Utties CIP Budget Last Modified 9/112022 1024 AM Last Modd 9/112022i 101-24 AM Created By Rebecca Harvey Created By Rebecca Harvey Coiqiove - Exhibit D - Alternatives Analysis Report Coquina Cove - Exhibit C - Flooding Phioos Last Modified 9/11201221024, AM Last Modified 9/1/20122 1014 AM Created By Rebecca Harvey Created By Rebecca Harvey Coquina Cove - Exhibit B - Ouffall Map C!oiq�uina Cove - Exhibit A - Project Lotation Map Last mw -w 911'12022 10.odified 911/2022 10:23 AM Created By Rebecca Harvey Created By Rebecca Harvey EGR Application Tasks RTN-02327 Task Number I M11111111!111 11111 I• 111:411 =14610 L-JEOIS Or gA i I[J I IN! h 1111 mot 1 $1 , EM RT V-023'2'9 Task Number 2 RTN-02331 Task Number 3 Alternatives Analysis; Conceptual Design Plans based on analysis recommendations; Task Description conceptual cost estimate; 60%, Plans and Cost Estimate; 90% Contract Documents (plans, technical specifications, and cost estimates); Tabulation of Value Engineering Cost Savings; Permit application packages; 100% Contract documents. EM RTN-02337' Task Number 6 Contract administration, coordination of project staff, monitoring of progress and' project costs, Task Description progress reporting, quality management system, Project Kick -Off and Design Progress Meetings, review of contractor submittals and proposed changelfield orders, substantial completion Inspection, and review of record drawings. Total Task Amount Requested $0.00 675 https,:/)fdlep.my,sal,esfoirce.cofn/al95GO,DOOOX3kuEQARIp — MOVELIKEEM RTA -02334 . . .................. . . .. . .. .. . ........ . Task Number 5 Public Involvement Pla,ni, neighborhood outreach materials, public informational meetings, Task Description neighborhood easement canvassing, construction notifications,, resident communications phone line, social media, and welbpagie. Total Task Amount Requested $0.00 UN -02336 Task Number 7 Adding catch basins to connect to existing ouffalls, upgrading a 4' -inch outfall to 24 -inch, Task Description complete standard paving and grading, replacement of an existing AsIbestos-Cement (AC) water main, lining: of sanitary mains, replacement of sanitary laterals, and utility relocation to accommodate the drainage Improvements. uaz�� TN -01 93 Task Number 4 Attend pre-bild meeting, respond to questions from prospective bidders, review proposedl I Task Description addenda, assist in review and evaluation of bids, provide a written recommendation, and provide up to four (4) sets of Conformed Documents for the Contractor. All other docume capies will be provided electronically. 676 https�:/tfdelp.MySale$rforcec,om/al95GO000OX3kuiEQAPJp — i ro �W. mmmuoN J If 8 ! i/i�a�aal Beg IwoI"� � . sWIN �d„ v�� + ,m r >r Jo �j s ' l r Flo �i ' ✓ a/ g r a i � vil�jv i „wv I/ Plw �j �ryY(0p� �" AM l I @M 1 4Y ' r ✓iy 1 GPp ¢ I vsruilUOIV„u4 urm„G 9r,..,,:' (Orc r , f„ „tea h�i� w �/ ✓ Ism” �f� l�G mTn n r, w /Jf� �l �l y ✓� f� � f ro �,.6 alr✓r�� %i��7"";I , ��'�}� f, 1,,,�i i flJ/�, ��". x,,' j , ifi� F,+ ,.rte. ✓,mmvm;w� m oiair1 PfFi6uw f ! % If ON no i� G"/'/GW Mao l t /0%1!� �. �a!It��uma�'9�u�lmi I �'! �"eG'� �'� /G✓ ;,r�a,:;.� `� � r �l' �INRraw" ' 1 Jr f1"� w illi///v i ✓�1� ,v, l� r vvwry t �. rrrrrii mi ;> , Am offwi NOW ✓of , D��i, rr 4� / 9Si IF,r e TWO 712 , Uummlli 7 1"19 PT 1, gjj lat.200 11,11 Lv/ 678 2c d 14, IN, '7316 1 E�= =� Applicant: City of Boynton Beach F:Mmu"m =.. kffT.—U= Eluffim Ccqukia Cove Exhibt C - pg, I 679 Shire Drive —"west (November 24, 2021) Cc)q u i �,ia Cove - Exh� bit IC - pg, 2 680 AECOMimagule 0" E)Oiveredi' To, MsAngela Prymas, PE City of Boynton Beach 1124 E. Woolbiright Road Bevnion Beach. FL 3i341 H3 Introduction AECOM 2094 Palm Beach Lakes Blvd. Butte 600 West Pailirn Beach, FL 3,3409 8000MICOM Project name., City of Boynton Beach — Coq:uina Cove Dralinage improvement Propect Project ref. 60654448 From: Amy Eason, PE Date. June 22, 2021 The City of Boynton Beach has identified the Coquina Cove neighborhood as having an insufficile drainage network that, needs modifications or supplementations. The current system uitilizes four ( existing outfalls ranging in diameter between 4-inchies to 24 -inches. Drainage is directed to inlell adjacent to the outfalls, leaving vast areas under served. WA. ram- ri "09100.4 "FAN "m '111,10"11, interconnecting on trenches, Methodology HIM !ill ME ILSI MAMMON ME oill IS 114141 *1 [01011 Suibbasins were developed utilizing the City -provided AutoCAD survey to identify high spots a locaitions that are u1nderserved. Subiba,s,ins were created with alternatives and the proposed layouts i mind. This was to reduce the need to recut subbasins and allow for one set to be used to have a 9 Uapples to appl:ies" comparison when analyzing the results. In addition, the subbasin boundaries we adjusted to be on top of the seawalls. Ap�pendix A shows the location of each subbasin and Tabile summarizes the area of each subbasin. DRAFT V7 681 Technical Memo City of Boynton each — Coquina Cove Drainage Improvement Project Table'l Subbasin Areas Name I Area (acres) CC_1 CC -2 CC .......... -3 It was assumed that the curve number for each subbasin would be 95 based oon the lots being highly developed with minimal pervious areas. Fn�-IKMMTHIMMI SUVEMIOM MKIN-MR197*5473.1 REMOUNT. VA GAVIZIM - 9 wro � M IRMON., R= ""TONXIMSM - wilfl i" legletielit ule t5ea 4i'dit at a, ^ uate earl I Bf P"a lldz$ UIUMUL) that FL-p1FfdzSe1115 tile without vegetation or structures. In a spot test with the City -provided survey in non -vegetated Mterraii the average accuracy was ±,O. 16 feet. cialsest 1"o-11miTrIng Mullin to ine yrwjeci sitellas MEMO at MUTUXU'Fronrii i5eacn Pler approximateloy 5 miles away. The sea level used in the model to repiresent the tailwater,was the Mean High Water (MHW) el�evat�ioni, which had a reported value of 0.37 feet NAVD88. Figure I shows the monitoring station's, recordet values. AE7'M DRAFT 2/7 682 -Technical Memo Rigure 1 NOAA Tidal Conditions 7 -11 MYOT M M. Much of the existing stormwater is, conveyed by overland flow to the outfalls. The City -provided AutoCA"-1 Survey waisi utilized! to create the overland weirs and' setthe outfall inverts. The, overland flow weirs on considered the 50 foot road ght-of-way. It was, assumed the residents are responsible to convey runoff to the front of their lots and into the City's, right-of-way for discharge. It was assurned the outfal did not have any backflow prevention devices. Swales were not considered within the modeling to be more conservative and to best illustrate the effects of each solution. AECOM DRAFT 317 683 Technical! Memo ................ OEM= AtT.11AA I The level of service/warning stage has been set so that the 10 -year 3 -day storm is allowedO.5 feet of water above the minimum crown of road, the 25 -year 3i -day storm is allowed 0.8 Weof water above the minimum crown of road, and the 100 -year 3 -day storm is set to the lowest finished floor elevation per subba,sin. i111i 11 w I I I I F11 L'1111sr a 13= ,Al�ternative 'I —Alt 1 consists of interconnecting the existing outfalls. A 24-inich diameter RCP pipe was foiund to be most suitable as it did not exceed the existing discharge capacity and provided the ability to t I W void nearby existing infras ruictuire, It is recommended in this alternative to replace the existing catch basins and structure to maximize the effectiveness of each outfall, The conceptual layout can be found in Appendix B. Alternative 2 —Alt 2 provided a similar interconnected system as Alt 1 with a 2�4-inch diameter RCP pipe, but also added three (3) additional outfalls. Each new outfall was sized to best meet the discharge requirements of the study areae analys[s, all three (3) proposed outfalls are sized to be 24 - inches. The minimurn easement size the City will need to secure to fit the proposed outfalls, is 10 feet, The conceptual layout can be found in Appendix C. F TrF6_$Fe_"t U&i1WPU1eti_._A111 d1fle'1114-11WIL VP with the permitting agencies. Alternati e 3 — Alt 3 interconnected the existing outfalls utilizing 2,4 -inch diameter RCP pipe wil-4 sections of exfiltration trench. The dimensions of the exi"iltration trench are 6 feet wide by 6 feet Wall, wl a 24-inich diameter perforated pipe. In order to satisfy the City's requirement to reduce impacts residential landscaping, the exfiltration trench was designed to be within the roadway and utilize t City's standard detail for exfiltiration trenchesi. I rMauvri I) id s'j.F1WCF-M urne One IT, n nie pr000wll 19601rOAKU111TV nasF711 - exfiltration trench by reducing the available unsaturated layer. The reduction in the unsaturated lay will leave parts of the trench fully saturated, further reducing the cost effectiveness. Alternative 3 bu out the maximum length of exfiltration trench available to compensate for the reduced unsaturaIted lay The conceptual layout can be found in Appendix D. AECOM DRAFT 417 684 Technical Memio ......... ..... Analysis r1frus-me zpmm�§I- - Table 210 -Year 3 -Day Model Results IMA. -IM Table 3 25 -Year 3,,Day Model Restilts -------- 10 -Year 3 -Day Existing Basun Warning Stage Alt I Alt 2 Alt 3 (ft NAVD) (ft NAVD) (ft NAVD) (ft NAVD) CC 1 4,85 4,98 5 � 1, 17 4,80 ..................... CC 2 4391 4,97 5,1 3,11 4,80 CC 3 5.25 4.98 5.1 2.64 4.81 CC 4 7.03 . . ............ . ................ . ...... 6.16 5�.39 2,46 5.13 CC -5 5.01 5A,8 5�28 3.18 513, CC 6 4.72 5�,48 5,28 319 5,12 CC_7 4.33 5�48 5-218 . ................. . -- — -------- 2.32 5,12 Table 3 25 -Year 3,,Day Model Restilts A DRAFT 5/7 685 -------- 25 -Year 3 -Day E'xi's't'i'ng Basin Warning Stage Alt 1 Alt 2 Alt 3 (ft NAVD) (ft NAVID) (ft NAVD) (ft NAVD) CC–1 5.15 5�21 5 2.23 5.11 CC 2 5.19 5,21 532 3,11 5.11 . ................... CC 3 5.55 — '5.2.1 — — --------- 5,32 ---- - ---------------------------------- – 165 5.11 CC 4 ... ... - -- ----- 7,33 - -------------- 6.20 5.7'3 3,3,6 5.48 CC S 5.31 5,68 5,45 4.21 1532 CC–6 5.02 5 68 15,45 411 15,32 CC' 7 4.63 5.68 SA5 .. . ................ --- 1 3.15 532 A DRAFT 5/7 685 TechnicM Memo Table 0 -'fear I -Day Model Resuftss I-BUT-ITM 111�� I I I I I I I � I � I I I III I x I I III I I MOU do not include san,itairy sewer or potable water work. 76ble!5 Surnmary of Preliminary Cost Estlimates Alternative w• cost estimates indicate that the cheapest option would! be to implement Alternative i's however, whein weighed with the resul�ts, the improvements do not meet the City's level of servi A I te rntlye�sJI-i,,# by the City, AECOM DWT 6/7 686 100 Year 3 -Day Existing Warning Stage Alt 1 Alt 2 A (ft NAVD) (ft NAVD) (ft NAVD) (ft 5.35 5,87 11 .......... ... . .. . 551 ■ 111�� I I I I I I I � I � I I I III I x I I III I I MOU do not include san,itairy sewer or potable water work. 76ble!5 Surnmary of Preliminary Cost Estlimates Alternative w• cost estimates indicate that the cheapest option would! be to implement Alternative i's however, whein weighed with the resul�ts, the improvements do not meet the City's level of servi A I te rntlye�sJI-i,,# by the City, AECOM DWT 6/7 686 w• cost estimates indicate that the cheapest option would! be to implement Alternative i's however, whein weighed with the resul�ts, the improvements do not meet the City's level of servi A I te rntlye�sJI-i,,# by the City, AECOM DWT 6/7 686 Technical Memo City of Boynton Beach — Coquina Cove Drainage Improvement Project Recommendations AFCOM ORArT 7/7 687 I I I a 692 693 um I 2 46 m m Q ECL 1 .4 694 PURCHASE ORDER CITY 01F BIO�YN�TON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #. 211048 BOYNTON BEAC�H, PLORIDA 33426-03101 DATE: 05/04/22 VENDOR 9499 TO: AECOM TECHNICAL SERVICES INC 6151 LAKE OSPREY DRIVE THIRD; FLOOR SARASOTA, FL 34240 ... . ... . ... . .............. ...... HIEOUISI[TION IND. ORDERING E NEDED,DEPARWENT- CONTRACT NO DATE, 046282117 S141P TO - City of Boynton Beach EAST UTILITY ADMIN 124; E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 334,35 COMMISSION APP'ROVED� LINE # QuAsTITY UOM ITEM NO. AND DESCRTPTIO N 1 1, DO D14 TASK I -PROJECT MANAGEMENT TASK 2- GEOTECHNICAL Task 3- Preparation of Conatruction V artd and Technical' . - If icatlbng Task 4� Pexmfttin9� Activit1e4e Task 5 - Bi - dding Services, Task 6- Public Enpgement Servic Task 6.1 Project Meetings Task 6.2 Nei4bborhood Outreach sup2ort Materials ana activitieo Task 6.3 Schedule Coordinat and Conduct (2) Virtual Neighborhood Outreach MOetin s I . qask 6.4 Neighborh0od4ResidOnt Easement Canvassing T:a�6k 6,5 N'eighborhood Constructidn Notifications T'as�k 6.6 Resident Commun i cat ions Phone Liine TaCs,k G.'7 1136pial Me4ia Irask 6., 8Pr6j ect, Webpage Task 'T 0 S, i�vices during con'struction WMENMi 2219MERM I'm EXTENDED COST 696 PURCHASE ORDER CITY OF'BOYNTON BEACH, FLO�RIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE Pm O® BOX 310 P.O#, 211048 BOYNTON BEACH, FLORIDA 33425-0310 DATE, 05/CD4/ 2 1 PROVIDE DATA COLLECTION, STORM WAXER MODELLING WATER MAIN UPGRADE D13ION, CONSTRUCTION PLANS AND SPECIFICATIONS, IIERMITTING AS Sir STANCE, BID PHASE SERVICES,PUBLIC ENGAGEMENT AND,SERVICE,9 DURING CONSTRUCTIO4117OR THE COOTNA COVE, NEIGHBORHOOD STORM WATER MAIN IMPROVEMVNTS, GENERAL CONSULTING SERVICE8,' AGREEMENT FOR COBB COMM APPRVI) 08,20,2018 RENEWED 09.07.2020 THROUGH 09-06,2021 COMM APPRVD TASK ORDER 02,16 021, ...... . ..... . . .. .... P�0.,T,OTAU PROCUREMENT SERVICES- ("v -f- cz; - I " - -- 1 66 1�0,gyl),A STAT� 8 shl%;A�XEMPT ION IREN'DERSEP4RATenvoicrl�IORT41S 21 FICATE 5 1 544,C-0 OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDER OR NiFOR EACH SHIPMETHEREON PACKAGES, TICKETS. INVMCES, STATEMENTS, AND IMMEDIATELY FOLLOWING SHIPMENT. THE CITY OF BOYNTON BEACH 15 EXEMPT FROM CORRESPONDENCE. 2PREPAID FRE4GH-f CHARGEABLE TO THE FEDERAL EXCISE TAKES„ WHERE TAX APPLIES INVOICE MUST SHOW GROSS PHAGE, AMOUN7T OF rHE MAIL INVOICES TO: CITY OF BOYNTON B'E'ACH MUM BE TAX AND NET PMI,CE, EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT SUPPORTED BY CARRIER'S RECEIPT, BE FURNISHED UPON REQUEST. BOYNTON BP.0EACHaox , FL 25 310 - 0 310 3INIVOICES, AND STATEMENTS SUBJECT 334 1 . . . . ...... 11--p CASH DISCOUNT SPfiliPwn wrRvnio 697 6.L Consent Agenda 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Proposed Resolution No. R23-130- Grant Agreement with the Mellon Foundation for the Heart of Boynton Unity Project Requested Action: Approve and authorize the City Manager to sign the Grant Agreement for the $100,000 Humanities in Place grant awarded to the City of Boynton Beach from the Mellon Foundation. Explanation of Request: On May 23rd, 2023, the City of Boynton Beach submitted a grant application to the Mellon Foundation to support the Unity Project. The Unity Project is an innovative art collaboration between the community of Boynton Beach, the Public Art department, and artists to commemorate the 100 years since the passage of ordinance 37 which mandated residential segregation in Boynton Beach. On July 31st, 2023, The Mellon Foundation approved a grant of $100,000.00 to support artist fees and public programming for the project. The Unity Project will facilitate the telling of the history and lived experiences of residents in the City of Boynton Beach through creative arts, community dialogue, and engagement of the residents in the Heart of Boynton district. The collaboration will encompass physical enhancements of public art, murals and historic markers that recall important people, places and events that impacted the community since the 1924 passage of that ordinance. How will this affect city programs or services? Funding awarded by the Mellon Foundation will support the public programming for that event and cover a portion of the fees for the selected artist. Fiscal Impact: No fiscal impact on the general fund for FY23/24. Attachments: R23-130 Mellon Grant.pdf Grant–Agreement–for–signature–(Grant-2212-1 (1).pdf 698 1 RESOLUTION NO. R23-130 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO 5 SIGN THE GRANT AGREEMENT FOR THE $100,000 6 HUMANITIES IN PLACE GRANT AWARDED TO THE CITY OF 7 BOYNTON BEACH FROM THE MELLON FOUNDATION; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, on May 23rd, 2023, the City of Boynton Beach submitted a grant application 12 to the Mellon Foundation to support the Unity Project; and 13 WHEREAS, the Unity Project is an innovative art collaboration between the community 14 of Boynton Beach, the Public Art department, and artists to commemorate the 100 years since 15 the passage of Ordinance 37 which mandated residential segregation in Boynton Beach; and 16 WHEREAS, on July 31, 2023, The Mellon Foundation approved a grant of $100,000.00 17 to support artist fees and public programming for the project; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that 19 it is in the best interests of the residents of the City to authorize the City Manager to sign the 20 Grant Agreement for the $100,000 Humanities in Place grant awarded to the City of Boynton 21 Beach from the Mellon Foundation. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby S:ACA\RESO\Agreements\Grants\Mellon Grant - Reso.docx 699 28 approve and authorize the City Manager to sign the Grant Agreement for the $100,000 29 Humanities in Place grant awarded to the City of Boynton Beach from the Mellon Foundation, 30 a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 5th day of September, 2023. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 Maylee De Jesus, MPA, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 59 60 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:ACA\RESO\Agreements\Grants\Mellon Grant - Reso.docx 700 DocuSign Envelope ID: F503D854-167C-4FDA-BOD1-260FDD104641 Af\Me- loo l Oundadon July 28, 2023 Daniel Dugger City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach, Florida 33435 Dear Daniel Dugger: The Andrew W. Mellon Foundation (the "Foundation") is pleased to inform you that we have approved a grant of $100,000 to the City of Boynton Beach ("your organization"), for use over 12 months, to support artist fees and public programming for The Unity Project, in accordance with the proposal finalized on July 13, 2023 (the "Proposal", and collectively the "Project"). We ask that all future correspondence regarding the grant use the reference number 2212-14459. In accepting these funds, your organization agrees to comply with the following terms. Use of Funds. Under United States law, Foundation grant funds may be used only for charitable, scientific, literary, or educational purposes. Your organization agrees that the grant funds will be used exclusively for the purposes described in your organization's Proposal and the approved budget. Your organization agrees to obtain the Foundation's prior approval for any material changes to the grant terms. The Foundation also expects that the funds will be managed in a prudent manner that is consistent with the purposes and term of the grant. Any grant funds not expended or committed for the purposes of the grant, or within the grant period stated above, will be returned to the Foundation unless otherwise agreed by the Foundation. The grant award is made to the City of Boynton Beach and may not be transferred or assigned without the advance written approval of the Foundation. Payment Terms. Payment of grant funds will be made in accordance with the attached payment schedule after the Foundation receives the countersigned version of this agreement. Grant Reports. Your organization will report to the Foundation on the progress of the grant through narrative and financial reports according to the attached report schedule. Each financial report should provide an accounting of the expenditures of grant funds. If the grant involves work undertaken by collaborating institutions, your organization is responsible for reporting on the activities and expenditures of the collaborating organizations. Grant Work Products and Project Documentation. To ensure that your organization will have sufficient legal rights to carry out the Project, your organization confirms that all copyright interests in materials produced as a result of this grant ("Grant Work Products") will either be owned by (a) your organization or (b) one or more third parties (e.g., artist(s), scholar(s), collaborator(s)) who have conveyed in writing sufficient rights and permissions for use of the Grant Work Products in connection with the Project. Your organization will obtain all other necessary rights and permissions for the supported work so that the grant activities and use of Grant Work Products (in accordance with any terms of use set by your organization), including any use by the Foundation of Grant Work Products and Project Documentation (defined below) authorized in this agreement, will not infringe on or violate the intellectual property, publicity, privacy, or other rights of any person. Your organization agrees to make final Grant Work Products available, as described in the Proposal, for educational or charitable purposes. 701 DocuSign Envelope ID: F503D854-167C-4FDA-BOD1-260FDD104641 As described in the Proposal, your organization plans to document the grant activities with visuals, photographs, audio, other media products, and/or archival materials ("Project Documentation") and agrees to provide the Foundation with copies of Project Documentation with your organization's grant reports or at other times during the grant term. The Foundation also welcomes receiving copies of depictions of earlier iterations of the Project and stock promotional imagery of your organization which shall also be treated as Project Documentation under this Agreement. Further, your organization grants to the Foundation a free, non-exclusive, irrevocable, sublicensable, worldwide license of all rights under copyright to use (1) final Grant Work Products intended for a public audience, and (2) Project Documentation provided by your organization to the Foundation, in each case only to promote the Project or for the Foundation's charitable purposes, including on the Foundation's website, social media platforms, and all other mediums. Grant Disclosure and Publicity. The Foundation will include summary information about this grant in its annual report and other similar public reports, tax returns, and public grants database, and may share such summary information in response to inquiries or elsewhere. The Foundation may also promote this grant on its website and social media channels, and in press releases, newsletters, and other public communications and media products; any promotional content which discusses the grant in detail and/or narrative form will be shared with your organization in advance for input. If you wish to make your own press announcement that includes the Foundation's name or logo, please consult with the Foundation's Communications Department in advance by contacting.! g!ji.a.@ . Grantee Control of Funds. Your organization confirms that, while the Foundation is providing support for the Project, your organization retains full discretion and control of the conduct of the Project, including over the process of selecting any persons or organizations (such as employees, independent contractors, consultants, vendors, secondary grantees, or other Project participants) to carry out the purposes of this grant. Accordingly, your organization acknowledges that the Foundation will not be responsible for any actions of your organization regarding the Project. Recordkeeping. Grantees are required to retain accounting records, detailing all receipts and expenditures of grant funds, for three years following submission of the final grant report. The Foundation reserves the right to conduct audits, including on-site audits with reasonable notice, at any time during the term of the grant, and within three years after completion of the grant. Your organization agrees to cooperate in the audit and provide information to the Foundation or its representatives as necessary. Organizational Tax Status. Your organization certifies that it is a government entity or instrumentality. Your organization will advise the Foundation immediately if there is any change in that status or in its organizing documents. Limitations on Lobbying and Political Activity. Your organization confirms that Foundation grant funds will not be used by your organization: a) To conduct lobbying or otherwise attempt to influence legislation (within the meaning of I ntenrnM IRevenue._ Qode... e!2J.igim...4,245(X1J); or b) To influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive (as prohibited under,llin1 irn .I. [:t v .irnu:ue C.o.d.. __ ! q. i.girn._4 �&.5_ d ?1). Compliance with Laws. In carrying out the Project, your organization will comply with all applicable local, state, federal, and international laws, regulations, and rules, including data privacy and intellectual property laws. Workplace Conduct Standards. The Foundation gives high priority to the realization of equality of opportunity for all members of society. Accordingly, the Foundation expects that your organization seeks to foster a workplace that is free from discrimination, harassment, and workplace misconduct; takes appropriate affirmative steps to encourage equal employment opportunities for women and underrepresented groups to the fullest extent allowable under applicable law; and has established appropriate policies and procedures for training staff, receiving and addressing 702 DocuSign Envelope ID: F503D854-167C-4FDA-BOD1-260FDD104641 complaints regarding sexual harassment and other forms of workplace misconduct, and prohibiting retaliation against persons who make good faith complaints. Notification and Cooperation. Your organization agrees to promptly notify the Foundation of any of the following: (1) significant organizational changes during the term of the grant, including, but not limited to, changes in key personnel and changes in tax status, (2) unless prohibited by law, (a) reported concerns about the legality or propriety of the grant activities or use of Foundation funds, and (b) the filing of a claim in any court or with any governmental agency alleging: (i) sexual or other harassment, discrimination, a hostile work environment, or similar claims regarding the activities of your organization related to, or that may have an impact on, the Project; (ii) financial impropriety by your organization related to, or that may have an impact on, the Project; or (iii) breach of fiduciary obligations by senior leadership or the board of your organization related to, or that may have an impact on, the Project. In the event the Foundation learns of allegations of impropriety, illegality, or workplace misconduct through notification by your organization or third parties, your organization agrees, to the extent legally permitted, to cooperate with reasonable requests of the Foundation to understand your organization's policies, procedures, and practices, including what steps were taken in response to the allegations. Right to Discontinue Funding and Require Return of Funds. The Foundation reserves the right to modify the grant, discontinue funding, or terminate the grant at any time if (1) your organization fails to materially comply with the terms of this agreement, (2) any statements, representations, certifications, or documents provided by your organization are later determined to be false or materially misleading, or (3) the Foundation determines, in its reasonable judgement, that your organization has become unable to carry out the purpose of the grant as stated in this agreement. In any such event, your organization agrees, at the Foundation's request, to repay the unexpended grant funds and grant funds that have not been used in furtherance of the purposes of the Project, or redirect them to another organization chosen by the Foundation to carry out the purposes of the grant. Choice of Law and Jurisdiction. This Agreement will be governed by the laws of the State of New York, without giving effect to its conflict of law principles. The Parties consent to jurisdiction of any suit with respect to this Agreement in New York County, New York. We ask that the City of Boynton Beach indicates its consent to these terms by having an individual with corporate authority sign below. The Foundation will not make payments on this grant until we have received a complete, countersigned copy of this agreement. Please keep a copy for your files. On behalf of the Foundation, may I extend every good wish for the success of this endeavor. Sincerely, Docu(S\ig�nednby: DF888789DAF6485... Elizabeth Alexander President 703 DocuSign Envelope ID: F503D854-167C-4FDA-BOD1-260FDD104641 City of Boynton Beach By: Name: Title: Date: JGM/MXM REPORTING AND PAYMENT SCHEDULE Payment Schedule Payment Amount Scheduled Date* Wire Transfer Details Bank Name: Bank of America $100,000 8/9/2023 Account Number: 001611435311 Routing Number: 026009593 *Please note that payment will not be made until the Foundation receives a countersigned grant agreement. Please notify the Foundation of any changes in your organization's banking information. 704 6.M Consent Agenda 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Proposed Resolution No. R23-131- Traffic Enforcement Agreement- The Hills of Lake Eden Homeowner's Association, Inc. Requested Action: Approve and authorize the Mayor to sign a traffic enforcement agreement with The Hills of Lake Eden Homeowner's Association, Inc. Explanation of Request: The Hills of Lake Eden Homeowner's Association, Inc. has requested a traffic enforcement agreement with the Boynton Beach Police Department (BBPD) to minimize speeding and deter crime within the community. How will this affect city programs or services? BBPD would be able to educate the residents of the community to ensure everyone remains safe. It will not impact any services. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: R23-131 Hills of Lake Eden Traffic Enforcement Agreement.pdf The Hills of Lake Eden Homeowner's Association, Inc..pdf 705 I RESOLUTION NO. R23-131 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR 6 TO SIGN AN AGREEMENT FOR TRAFFIC ENFORCEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND 8 THE HILLS OF LAKE EDEN HOMEOWNER'S 9 ASSOCIATION, INC., AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, The Hills of Lake Eden Homeowner's Association, Inc., (hereinafter referred 13 to as "Association") owns or controls certain private roads lying and being in the City of 14 Boynton Beach, Florida; and 15 WHEREAS, Association does not have the power to enact or enforce traffic laws within 16 the Association, nor can it hire others with police power to do so; and 17 WHEREAS, Association has requested a Traffic Enforcement Agreement to minimize 18 speeding and deter crime within the community; and 19 WHEREAS, pursuant to Chapter 316.006(2)(b), Florida Statutes, the Association hereby 20 grants to the City of Boynton Beach, municipal traffic control jurisdiction over all those certain 21 private roads in said Association. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve and authorize the Mayor to sign the Agreement for Traffic Enforcement between the S:ACA\RESO\Agreements\BBPD\Hills of Lake Eden Traffic Enforcement Agreement - Reso.doex 1 706 29 City of Boynton Beach, Florida and The Hills of Lake Eden Homeowner's Association, Inc., a 30 copy of which is attached hereto and incorporated herein as Exhibit "A". 31 Section 3. This Resolution will become effective immediately upon 32 passage. 33 PASSED AND ADOPTED this 14th day of September, 2023. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: 52 53 54 Maylee De Jesus, MPA, MMC 55 City Clerk 56 57 58 (Corporate Seal) 59 60 61 62 63 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:ACA\RESO\Agreements\BBPD\Hills of Lake Eden Traffic Enforcement Agreement - Reso.doex 2 707 TRAFFIC ENFORCEMENT AGREEMENT THIS AGREEMENT is entered into, this ___,_ day of „w,,,,,,,,,,,__ w... , 2023, by and between: CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, with a business address of 100 East Ocean Avenue, Florida 33435, hereinafter referred to "CITY," and THE HILLS OF LAKE EDEN HOMEOWNER'S ASSOCIATION, INC., a homeowners association with a business address of 2385 NW Executive Center D, Ste 100, Boca Raton, FL 33431, hereinafter called "ASSOCIATION." WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private property to enforce all of the laws of the nation, state, county and city, duly enacted, excluding those of traffic control and enforcement; and WHEREAS, ASSOCIATION specifically recognizes the above; and WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction for traffic regulation purposes over any private or limited access road or roads of specified private segments of the ASSOCIATION, pursuant to §316.006(2)(b) Florida Statutes; WITNESSETH: NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings of the parties hereto, and other good and valuable considerations, the parties hereto covenant and agree, each with the other as follows: 1.0 Ratification. The foregoing preamble is hereby ratified and confirmed as true and correct and incorporated herein. 2.0 Recognition of Jurisdiction. The ASSOCIATION hereby recognizes the jurisdiction of CITY over any private or limited access road or roads within the property indicated on the map attached hereto as Exhibit "A," for traffic control purposes. 3.0 The ASSOCIATION shall provide CITY with a Resolution of the ASSOCIATION attached as Exhibit "g", evidencing the ASSOCIATION's desire for CITY's services hereunder and Page 1 708 authorizing the ASSOCIATION, via its President, to enter into this Agreement. 4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for traffic control purposes over any private or limited access road or roads within the property within the ASSOCIATION listed on attached Exhibit "A." 4.l.The City of Boynton Beach Police Department agrees to provide a minimum base level of traffic enforcement service on all those certain private roads in the ASSOCIATION identified in Exhibit "A." 4.2.The level of service provided by the CITY shall be determined solely by the Boynton Beach Chief of Police and shall be based upon the availability of police personnel. 4.3.The Police Department shall choose the hours and days of operation, but these choices shall be based upon information from ASSOCIATION and the observations of the Boynton Beach Police Department and Public Works Department. 4.4. Section 316.006, Florida Statutes, provides CITY the right to charge ASSOCIATION for the actual costs incurred by CITY in providing the services set forth in this Agreement. Notwithstanding that right, CITY has agreed not to charge ASSOCIATION for the services CITY is performing pursuant to this Agreement during the term of this Agreement; provided that CITY may require payment of such costs in any future Agreements, extensions to the current Agreement, or modifications of the current Agreement made by the parties pursuant to section 12.0 herein 5.0 Signs and Markings. In order to permit CITY to perform pursuant to the terms of this Agreement, and to ensure appropriate jurisdictional and enforcement authority: 5.1.All traffic control devices on and along the private or limited access roads within the ASSOCIATION's property identified in Exhibit "A" must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways (the "MUTCD") and CITY Engineering Standards (the "STANDARDS"). ASSOCIATION may modify the signs within the ASSOCIATION'S property as allowed by Florida Statutes, provided all modifications are installed consistent with the MUTCD and the STANDARDS. The determination as to whether signs or other traffic control devices meet the installation requirements and/or conform to the MUTCD and the STANDARDS, shall be made solely by CITY. The CITY may conduct in its sole discretion any necessary traffic engineering studies to determine appropriate regulatory traffic control within the ASSOCIATION. 5.2.In the event ASSOCIATION has installed traffic calming devices that do not conform with the STANDARDS and the MUTCD, on or along the private or limited access roads within the ASSOCIATION identified in Exhibit "A," such as speed humps and/or speed bumps, ASSOCIATION shall, at its sole expense, cause such devices to be removed within thirty (30) days of execution of this Agreement if requested by the CITY. Further, ASSOCIATION shall not install Page 2 709 any traffic calming devices on or along its private or limited access roads during the term of this Agreement without the express written consent of the CITY. 5.3.ASSOCIATION shall purchase and install all signs, signage, posts, pavement markings, and other necessary traffic control, as prescribed by the CITY, as necessary for traffic control purposes. Should CITY determine that traffic -calming measures are appropriate, ASSOCIATION shall incur all costs of designing and installing such measures. ASSOCIATION shall be responsible for maintenance of any traffic control devices and traffic calming measures necessary or desirable for the enforcement of traffic laws. 6.0 Insurance and Indemnification. 6.1.The ASSOCIATION undertakes and agrees to indemnify, defend, and hold harmless the CITY from any and all liability or damages the undersigned may be exposed to as a result of claims, demands, costs of judgments against it arising from the CITY's enforcement of traffic regulations within the ASSOCIATION. 6.2.The ASSOCIATION agrees to maintain insurance under its general liability policy for all actions arising out of or in any way connected to this Agreement under minimum policy limits of $1,000,000 per occurrence, General aggregate, Products completed/operations aggregate and Personal & advertising injury. The Association agrees to name "City of Boynton Beach, 100 E. Ocean Avenue, P.O. Box 310, Boynton Beach, FL 33435" as an Additional Insured and provide proof of insurance upon execution of this Agreement to the City's Risk Management Department. 6.3.Nothing contained herein shall be interpreted as a waiver of the CITY's right to sovereign immunity protections afforded under Section 768.28, Florida Statutes. 7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's private or limited access roads is through a gate, ASSOCIATION shall take steps to ensure access by means other than gate codes, such as siren activated gates, Knox Box, or by bar-coding of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent any delay in access to ASSOCIATION property. ASSOCIATION shall provide gate access codes to the CITY for purposes of conducting traffic engineering analyses. 8.0 Term. The term of this Agreement shall be five (5) years, effective on the date of execution, provided that either party may terminate this Agreement without penalty upon sixty (60) days notice by notifying the opposite party in writing of its intention to do same unless the CITY is notified of the ASSOCIATION'S failure to comply with requirements of Section 5.0 of this Agreement. In the event ASSOCIATION is not in compliance with the requirements in Section 5.0, CITY shall cease enforcement until ASSOCIATION comes into compliance as directed. If ASSOCIATION fails to comply with CITY's direction as to Section 5.0 compliance within sixty (60) days of such notice, this Agreement shall be deemed terminated without any further action by CITY. Page 3 710 9.0 General Law Enforcement Jurisdiction. ASSOCIATION recognizes the authority of CITY to patrol on private property, including ASSOCIATION's property, to enforce all laws of the nation, state, county and city other than for traffic control purposes, and same is done by Boynton Beach Police Department and other appropriate law enforcement agencies pursuant to law, and not through this or any other Agreement. 10.0 Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as just described, addressed as follows: To CITY: City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone No. (561) 742-6010 Facsimile No. (561) 742-6011 with a copy to: Chief of Police City of Boynton Beach 100 East Ocean Avenue Boynton Beach, Florida 33435 Telephone No. (561) 742-6100 Facsimile No. (561) 742-6185 To ASSOCIATION: Telephone No. (561) Facsimile No. (561) Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 11.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Page 4 711 12.0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed with the same dignity herewith. 13.0 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 14.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Palm Beach County, Florida. 16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall preclude the parties from modifying this Agreement during the term of such, or, upon completion of the term, entering into another Agreement, to provide for additional or revised terms. IN WITNESS WHEREOF, CITY and ASSOCIATION have executed this Agreement by their duly authorized officers, this — day of . .. . . . ............... _,,,,,_p 2023. ATTEST: BY: Maylee DeJesus, MMC, CITY CLERK APPROVED AS TO FORM: BY: OFFICE OF THE CITY ATTORNEY CITY OF BOYNTON BEACH W Page 5 Ty Penserga, MAYOR 712 ASSOCIATION NAME kris Stamm, President STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, by means of o physical presence or o online notarization, on this ZLWday of Aeew.r.', 2023 appeared Kris Stamm, as President of The Hills of Lake Eden Homeowner's Association, Inc., and acknowledged that she has executed the foregoing instrument for the use and purposes mentioned in it and that the instrument is the act and deed of Kris Stamm, as President of The Hills of Lake Eden Homeowner's Association, Inc., and who is personally known to me or has produced as identification. My Commission Expires: oflk-rl-W Page 6 ---- ---------- 40 T A R YtB� C Print or Type Name 713 *VYr . pj,,. • JASON CLUKEY A-,� n Notary Public - State of Florida Commission # GG 966096 oc My Comm. Expires Mar 5, 2024 My Commission Expires: oflk-rl-W Page 6 ---- ---------- 40 T A R YtB� C Print or Type Name 713 EXHIBIT "A" DIAGRAM AND DESCRIPTION OF ASSOCIATION PROPERTY CONTAINING THE SUBJECT PRIVATE ROADS Page 7 714 r a..rt»n Take - wp.aaara OaP„ A yaa a - aaax:raxra ._ ALD -AXE ..._ ;.db2 F_GE"d $V,8 VrSa Pt PLA' NO w p rX 1�1 NiC19 RS 0 o^as A. ae 27'N 6 24 51, w 574 98'� a A ar vs maa 3 un�w a➢e .. �... � a 4tD 02 9r¢l11 x� t a wqm t v...am u�. 7S 73 p{, . -2.22 A2L�5 us n era m _.. x pq TF R(MAw MAM U RNaX P1aA rE. ti par .G ]. . a e ; ._ `".5._" �., iu x a as3 r h w f y �P ==mxn n �a ro psrva auna+m«x sx¢vS4Yxx v s4Em PbueGta nmM. • SL. bU,x s.+� q.,,9 a.: "cr f htl� ^c P-4 v l V RY �+,,. - r0.,., .cs WIY raD.a ( °@� 420 25' _pyp�jyy _1., laac t f a 65� 1 ane r' ", '", -r I, A e _ umr `S Vie. Sw G5 Rna �5 :S 74 B! q C-14 j�i �X a ba t� nn umx¢n euu+a.c o x u iW F�XP � wsa � ;, 4 p ° ,�• N _ _ ra ci s 5 a, 05' 9 h � L M P r - _ WTI C I� Aga f ( ry¢ sL7IF P' FV E y v.�' rn �_ , n _._ cn. e' 'P' , ai �� s t 715 �'•� war_ dam. t � � t,. ,D . �e VI � �, x V� S 13 tl,�� ..... _ .k qq i ) 4 �k Y. 73 ._.. 2y ah5 i surra L 9@w&.'. dwb f)R. MMw Ca9' N IP'N, � a 3 (l ( NS G 7 ,. tl" �.,..w.. ... .................. ° ° � SEACRES7 8 o,'r t.rL C VA: R L` i' lc. R GM1..V 'a'R+eA4l F:5::4"i.w IC.Fi. 3. IR Saf. Sli i � CI@BD'"t.n qG ('.S-.MfEs u } 35 t 715 ASSOCIATION'S AuTHORIZATION TO ENTER INTO 'HIS AGREEMENT Page 8 716 THE HILLS OF LAKE EDEN MINUTES BOARD MEETING JULY 18, 2023 The meeting was called to order by Frank Tucci at 7:05 PM. In attendance for the Board were Kris Stamm, Kim Stein, Patricia Martinez and via Zoom, Sylvia Pecaro and Maureen Sitty. Kevin Denninger was in attendance for Excel. Frank gave an overview of the community status and announced that the palm tree trimming is scheduled for this week. Frank will check with Baker Landscape on the preserve work and there was some discussion about trimming the perimeter trees with no decision. A brief overview of the collection status was provided with information that it should be coming to an end soon. Frank turned over the meeting to Kevin who gave a financial review and reported that with the exception of legal fees all expenses are on point. The meeting was turned over to Ray Rabbitt who discussed the water drainage issue and brought the group up to date with his findings. He explained that a permit will be needed to remedy the problem. At this point two additional engineers will be engaged to develop a plan and pricing providing three proposals. It was noted that no changes have been made to the Association amendments yet. When the final drafts are complete they will be sent to the residents for consideration. Frank announced that he Board asked to have a recall of a Board member which is allowed by the Association documents in order for another resident to serve. Patricia Martinez gave a brief rebuttal and some answers were provided by Kim Stein. Kris Stamm made a motion to recall Patricia Martinez, seconded by Silvia Pecaro and approved by Kim Stein so by unanimous decision the motion passed. A motion was made to appoint Ray Rabbitt by Kim Stein, seconded by Kris and approved by Sylvia, with that the motion passed and Ray Rabbitt became a new Board member. Kris reported that she contacted the city about our traffic agreement to deal with the dirt bike/ motor bike issue. The city came out to certify out to verify that the community qualifies and conforms to the city requirements. Kris made a motion to approve the traffic agreement as provided by the city of Boynton Beach. Seconded by Kim, and approved unanimously. With no other issues the meeting was adjourned at 8:05 PM. Pecaro,Secretary�Q�� (/ 0$/10/2023 Sylvia 717 EXHIBIT "C" Page 9 718 ACCO CERTIFICATE OF LIABILITY INSURANCE DATE 1M MIO C; W 08/ SW-1 08/111/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If cartifl—cate hoider Is'an A ... D-DITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). ;ROD NAME:Anna Hook .....- ...... The Beacon Group, Inc. PHONE ......... -...No....(561) 994-9994 ....... ('5'6" 1')997-7087 . ............. . 6001 Broken Sound Pkwy.,N.W. ADDRESS: ahook@beacongroupinc.com .... ................. Suite 500 1 ALfiq�FORD!NG COVERAGE_ . ..... - ..... . ............. Baca Raton FL 33487-2730 IISUREIA: Westchester Surplus Lines Insurance Company 10172 ...u_....... . . . . ........ ......... . ... .... .. . . ....... INSURED INSURERS: .. . ..... ... ... ... ... .. The Hills of Lake Eden Homeowners Association Inc. INSURER C: Attn: Frank Tucci 2385 NW Executive Center Dr. Suite 100 INSURER E. : ... ---- ...w....._... Boca Raton FL 33431 INSURER F: OvEiAi ll� Ei— CERTIFICATE NUMBER: 23/24 Liability REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. � ITIS. . . .... . . ....... . --AM, ""PUDEVUlp- LTR TYPE OF INSURANCE LIMITS X COMMERCIAL GENERAL LIABILITY EM,,,H 0(A;URREP*,E $ 1,000,000 N�'01 10 CLAIMS -MAGE 1 1%1 OCCUR PR 0,000 _MED EXP (An y,one p2!2Rqj 5,000 A GLWF16911033001 02/23/2023 02/23/2024 PERSONAL &ADV INJURY $ i"o-0, 0 0, 6, . . . ........ GEN' AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY PRO- PRODUCTS Included JECT . IQ!�NG $ ... . .......... AUTOMOBILE LIABILITY COMBINED SINGLE L.I'Wff $ 1,000,000 ANYAUTC, BODILY INJURY (Per person) A I- OWNED SCHEDULED AUTOS ONLY AUTOS GLWF16911033001 02/2312023 02123/2024 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ Hired/Nonowned $ 1,000,000 . . . ...... . . ......... .............. ... ..... . ... µ.......... .. .. ... .......................... .......... UM OCCUR OCCUR EACH OCCURRENCE $ EX "'ICLAIMS-MADE �EGATE$ CLAIMS - DED $ 1- � -1--.--1--- ---- ---- -1- � ... .... .... .... .................. WORKERS COMPENSATION PER Iii- I AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERfEXECUTIVE ❑NIA OFFICERIMEMBER EXCLUDED? E-1 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE H yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY $ . - .......... . ..... ..... . ..... ... . ............ PTIC - OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) Per policy terms and conditions. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FOR INFORMATION PURPOSES ONLY ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All -rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 719 Consent Agenda 09/14/2023 Proposed Resolution R23-135- Ratify SCRW 2024 Budget Requested Action: Ratifying the Action taken by the South Central Regional Wastewater Treatment and Disposal Board on April 24, 2023 as set forth in exhibit A. Explanation of Request: The South Central Regional Wasterwater Treatment and Disposal Board Ratified their budget at their Quarterly Board Meeting April 24, 2023. As a joint venture, the City is required to ratify the Budget. Below is a brief summary of changes: 1. Wastewater rate increase to $1.11 p/1,000 gallons 2. Reclaimed Water rate increase to $0.19 p/1,000 gallons 3. R&R rate increase to $0.06 p/1,000 gallons 4. Capital Projects — shared revenue contribution of $1,458,853 from each (Delray/Boynton). Fiscal Impact: Already Budgeted for in Utilities Budget Attachments: R23-135 Resolution approving SCRWTDB 2024 Approved Budget.pdf 22-0719—Ratification of SCRWTDB—FY22-23-fully executed.pdf 720 RESOLUTION NO. R23 - K: 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL 5 WASTEWATER TREATMENT AND DISPOSAL BOARD ON APRIL 24, 6 2023; AND PROVIDING AN EFFECTIVE DATE. 7 8 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) 9 ratified their budget at their Quarterly Board Meeting April 24, 2023, and as a joint venture, the City 10 is required to ratify the Budget. 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 12 BOYNTON BEACH, FLORIDA THAT: 13 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 14 true and correct and are hereby made a specific part of this Resolution upon adoption. 15 Section 2. The City Commission does hereby ratify the actions taken by the South Central 16 Regional Wastewater Treatment & Disposal Board on April 24, 2023, as set forth on the attached 17 Exhibit "A, and authorizes the City Manager and City Clerk to sign said Ratifications. 18 Section 3. This Resolution shall take effect immediately upon passage. 19 PASSED AND ADOPTED this 14th day of September, 2023. 20 CITY OF BOYNTON BEACH, FLORIDA 21 22 YES NO 23 24 Mayor — Ty Penserga 25 26 Vice Mayor — Thomas Turkin 27 28 Commissioner —Angela Cruz 29 30 Commissioner —Woodrow L. Hay 31 32 Commissioner —Aimee Kelley 33 34 VOTE 35 1 S:ACA\RESO\SCRWTDB Budget Ratification - Reso.Docx 721 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:\CA\RESO\SCRWTDB Budget Ratification - Reso.Doex 2 Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney 722 South Central Regional Wastewater Treatment and Disposal Board Approved Annual Budget Fiscal Year 2023/2024 723 South Central Regional Wastewater Treatment & Disposal Board Approved Budget Summary Fiscal Year 2023/2024 724 Page 1 of 5 RECLAIMED REPAIR & CAPITAL DESCRIPTION WASTEWATER WATER REPLACEMENT PROJECTSFUNDS Shared Revenues: Boynton Beach $600,000 $0 $0 $1,458,853 $2,058,853 Delray Beach $600,000 $0 $0 $1,458,853 $2,058,853 Return of FY2022 Excess: Boynton Beach $0 $0 $0 $298,681 $298,681 Delray Beach $0 $0 $0 $216,286 $216,286 Commodity Revenue $7,058,420 $376,805 $393,000 $0 $7,828,225 Land Lease $89,000 $0 $0 $0 $89,000 Interest Income $0 $0 $7,000 $900 $7,900 TOTAL SOURCES $8,347,420 $376,805 $400,000 $3,433,573 $12,557,798 Transfers In $0 $838,500 $0 $0 $838,500 Fund Balance/Reserves/Net Assets $556,864 $0 $0 $1,500,000 $2,056,864 TOTAL90 $400,000 $4,933,573 $15,453,162 EXPENDITURES Personnel $2,218,995 $441,905 $0 $0 $2,660,900 Operating Costs $4,600,429 $773,400 $0 $0 $5,373,829 Capital Outlay $22,500 $0 $400,000 $4,933,573 $5,356,073 Debt Service $1,223,860 $0 $0 $0 $1,223,860 TOTAL EXPENDITURES $8,065,784 $1,215,305 $400,000 $4,933,573 $14,614,662 Transfers Out $838,500 $0 $0 $0 $838,500 Fund Balance/Reserves/Net Assets $0 $0 $0 $0 $0 TOTALAPPROPRIATEDTRANSFERS, RESERVES & BALANCES 0- $400,000 $4,933,573 $15,453,162 Proposed Commodity Rates per 1,000 gal; $1.11 $0.19 $0.06 n/a 724 Page 1 of 5 South Central Regional Wastewater Treatment & Disposal Board Approved Wastewater Budget Fiscal Year 2024 Summary Revenues Shared Revenues Service Charges Interest Earnings Lease - Cell Tower Miscellaneous Revenue Total Revenues Expenditures (by department) Administration Laboratory Maintenance Operations Debt Service Operating Transfer Total Expenditures Excess Revenues/(Expenditures) Other Funding Sources or Uses Unassigned Fund Balance Excess Revenues/(Expenditures) "Unassigned Fund Balance as of 09/30/22 = $2,250,206 $1,200,000 $1,200,000 $1,200,000 $0 0% $6,346,664 $7,000,000 $7,058,420 $58,420 1 % $489 $0 $0 $0 0% $87,302 $86,407 $89,000 $2,593 3% $5,949 $0 $0 $0 0% $872,272 $1,092,833 $1,190,782 $97,950 9% $233,282 $224,635 $247,543 $22,908 10% $596,071 $867,680 $951,832 $84,152 10% $4,004,941 $4,243,768 $4,451,767 $207,999 5% $1,227,738 $1,252,739 $1,223,860 ($28,879) -2% $706,100 $838,000 $838,500 $500 0% $7,640,404- $8,904,284 $0 ($233,247) ($556,864) ($0) $233,247 $556,864 $0 $0 $0 725 Page 2 of 5 South Central Regional Wastewater Treatment & Disposal Board Approved Reclaimed Water Fund Budget Fiscal Year 2024 Summary Revenues Service Charges $292,603 $340,632 $376,805 $36,173 Operating Transfer In $706,100 $838,000 $838,500 $500 Total Revenues Expenditures (by department) Administration $61,862 $115,306 $102,152 ($13,154) Laboratory $56,796 $57,904 $51,034 ($6,870) Maintenance $132,943 $194,466 $180,371 ($14,095) Operations $747,102 $810,957 $881,748 $70,791 Total Expenditures $998,704 Excess Revenues/(Expenditures) $0 ($0) $0 Page 3 of 5 11% 0% 726 South Central Regional Wastewater Treatment & Disposal Board Approved Repairs & Replacement Fund Fiscal Year 2024 Revenues $81,489 $60,000 $50,000 Service Charges - Boynton $177,471 $174,000 $227,940 31% $53,940 Service Charges - Delray $137,403 $126,000 $165,060 31% $39,060 Interest Earnings $3,926 $1,000 $7,000 i00% $6,000 Total Revenues $318,800 $0 -100% ($1,000,000) Expenditures Improvements Building & Grounds $81,489 $60,000 $50,000 -17% ($10,000) Reclaim Equipment $48,182 $125,000 $150,000 20% $25,000 Wastewater Equipment $207,381 $116,000 $200,000 72% $84,000 Operating Transfer to Capital Projects $0 $1,000,000 $0 -100% ($1,000,000) Total Expenditures - Excess Revenues/(Expenditures) ($18,252) ($1,000,000) $0 Other Funding Sources or Uses Unassigned Fund Balance Excess Revenues/(Expenditures) *Unassigned Fund Balance as of 09/30/22 = $3,247,770 $18,252 $1,000,000 $0 $0 $0 $0 727 Page 4 of 5 South Central Regional Wastewater Treatment & Disposal Board Approved Capital Project Plan Fiscal Year 2024 Revenues Grant Proceeds $0 $0 $350,000 $0 Shared Revenues $0 $1,214,514 $1,214,514 $2,917,705 Interest Earnings $910 $286 $250 $900 Operating Transfer In - R&R Fund $0 $1,000,000 $1,000,000 $0 Total Revenues $910 $2.214.800 $0 $1,500,000 Expenditures Gravity Belt Thickener $0 $0 $800,000 $1,000,000 Generator Load Bank $0 $0 $120,000 $120,000 Process Air Improvements $50,510 $112,500 $0 $0 Deep Injection Well #2 $3,911,907 $729,689 $6,663,464 $2,313,573 Deep Injection Well #2 - Pipeline $0 $0 $0 $1,500,000 Biological Aeration Automation $232,249 $2,578 $0 $0 FPL Non -Dedicated Line $0 $50,000 $200,000 $0 Disinfection System Upgrades $1,531 $0 $0 $0 Total Expenditures Excess Revenues/(Expenditures) ($4,195,288) $1,320,034 ($5,218,700) ($2,014,968) Other Funding Sources or Uses Restricted Fund Balance $2,820,166 ($1,320,034) $3,843,580 $1,500,000 Return of Excess - Boynton $797,570 $0 $797,424 $298,681 Return of Excess - Delray $577,551 $0 $577,697 $216,286 Other Funding Sources $4,195,288 ($1,320,034) $5,218,700 $2,014,968 Excess Revenues/(Expenditures) $0 $0 $0 $0 "Restricted Fund Balance as of 09/30/22 = $2,896,464 728 Page 5 of 5 SOUTH H CaEN TAT AL REGIONAL wAs,rEWATER TREATMENT AND DISPOSAL BOARD 1,801 North t nra gess Awcw,noe • Nlray Beach, Florida 33445 BOARD t'L^p hi&a tta° 1,nto Beach i�Derlmy ref e'�rFS11� 2i'av (5,6 65- M 734 2577 CSes„,ruaaan 6�9ee�cb �e �lelrsrw Reach � � �`ttra� i'iG1) 2�� r3 5? www sc nvwf:pr urg A Iat �Y q, • MM . A A " I: `" • I iii " A ., `" " wi iii A • � "" i A " • • A A i1 jL WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on April 25, 2022, by a vote of 5-0, did give AUTHORIZATION FOR THE CAPITAL IMPROVEMENT r wi PLAN. TTHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on April 25, 2022, by a vote of 5-0, ACCEPTED THE 202212023 WASTEWATER AND RECLAIM O&M BUDGETS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray M'r•' NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of 2022, by a 5 rtrt Q vote. Page ? of 2 729 ZFA . w w r Page 2 of 2 730 ziourn uenrrai meigioinail Wastewater Treatment and DI ' sposal 731 Treatment & Disposal Board Approved Budget Su,mmary Fiscal Year 2022120,23 Shared Revenues` Boynton Beach $600,000 $0 $0 $607,257 $,1,207,2'57 Delray Beach $600,000 $0 $0 $607,257 $1,207,257 Return of FY2021 Excess, Boynton Beach $0 $0 $797,424 $797,424 Delray Beach $0 $0 $0 $577,697 $577,697 Carnmodity Revenue $7,000,0100 $340,632 $3010,01010 $0 $7,640,632 1 and Lease $86,407 $0 $0 $0 $86,407 Interest Income $0 $10 $1,000 $250 !$1,250 Grants, $0 $0 $0 $350,000 $35,0,0010 TOTAL SOURCES $8,286,,407 $340,632 $301,000 $2,939,884 $11,867,923 Transfers In $0 $838,01010 $0 $11,000,000 $1,838,000 Fund BaIancellReserves/Net Assets $233,247 $0 $1,000,000 $3,843,580 $5,076,82'7 'TOTAL IREVENUES�, TIRANISF'ERS & BALANCES $01519,654 $1,1178,632! $11,301,000 $7,783,41134 $18,7'82,75D EXPENDITURES P,ersonnet !$1,937,641 $389,872 $01 $0 $2,327,513 Operating Costs $4,476,275 $788,760 $0 $0 $5,265,035 Capital Outlay $15,0010 $O $301,000 $7,783,464 $8,0919,464 Debt Service $1,252,739 $10 $0 $0 $1,252,739 TOTAL EXPENDITURES $7,681,654 $1,178,,632 $301,000 $7,783,464 $116,944,750 Transfers Out $838,0100 $0 $1,000,0010 $0 $1,838,000 Fund Balance/Reserves/Net Assets $0 $0 $0 $01 $0 732 South ,e „ ► • Treatment & Dispiosal Board Approved Wastewater Budget Fiscal Year 2023 Summary Revenues Shared Revenues nu Service Charges Interest Earnings Lease - CeH Tower Retirement Flan forfeitures Miscellaneous Revenue Total l Revenues Expenditures (kny department) Administration Laboratory Maintenance Operations Debt Service Operating Transfer Total Expenditure Other Ulnassigined Fund Balance r � "U nassUgned Fundi Balance as of 0,9/301/21 = $2,282,206 X1,200,000 $1,2310„3 0 $1,200,000 0 01% $6,,957,851 $6,639,281 $7,0001,0 $360.719 5% 506 $ $ 0 011/6 $84,759 $35,379 $8 ,407 $1,028 11% $ , 5117 $0 '$ $2,5,01010 0 $36,372 $3 $0 3 0 0% $9916,223 $1,050,116 $1,092„333 $42,717 4% $21 n, $227,027 $224,635, ($2,393) -1% $ 513„231 $767,,435 $867,6801 $100,248 1 % $3,503,308 $3,919,224 $4,243,763 $324,5 8% $1,223,474 $1,227,739 $1,252,739 $2,5,01010 % $633.,3119 $799,050 $338,0400 3 0 % $11,198,314 South Central Regional Wastewater Treatment & Disposal Board Approved Reclaimed Water Fund Budget Fiscal Year 2023 Summary Revenues Service, Chaiirges Operating Transfer In Total Revenues Expenditures ( department) Administration Laboratory Maintenance Operations Total Expenditures $451,637$340,632 $21,356 $683,819 $799,050 $838,0100 $38,95!0 11,135,457 $1,1118,326 $1,178,632 $60,3D6 5% $72,98i7 $114,840, $115,306 $466 0 0 $58,,302 $55,030 $57,904 $Z874 $96,057 $175,694 $194,466 $18,772 1 1 5581,810 $772,762 $81 U57 $38,1 9i5 51 $326, 3 O $0 $0 734 --T-water oiuth Centraii I'as e Treaitment & Disposal Board Approved Repairs & Replacemient Fund Fiscail Year 2023, Revenues Shared Revenues - Excess Service Charges .- Boynton, Service Charges - Delray Interest Earnings Total Revenues Expenditures Improvements Building & Groundls Reclaim: Equipment Wastewater Equipment Operating Transfer to Capital Projects Total Expenditures Excess RevenUes/(Expenditures) Wther Funding Sources or fses Unassigned Fund Balance 5;MX�P2-M9.L-4 *UIna ss'dginedl Fund Ba9ance as of 019130121 = $3,266,023 $768,,2�83 $0 000002L ($76�8,28i3) $0 $1,000,000 735 $190322 $17410100 $174,OiOO $13i7879 $126,000 $126,OOiO $1,0001 100% $1,0100 1,181,068 $300,000 $301,000 0% $1 „000 $16,155 $20,000 $60,00'0 200% $40,000 073,526 $164,0001 $125,0001 $23,104 $1 16i,000 $11:6,000 $0 $0i $1.00U00 110101% S1 0100.000 $768,,2�83 $0 000002L ($76�8,28i3) $0 $1,000,000 735 Soluth Central'Regional Wastelwater Treatment & Disposal Boiard Approved Capital Project Plan Fiscal Year 202i3 Grant Proceeds $0 $0 $3501,OOiO $350,0100 Shared Revenues $0 Y.., $5�40,000 $1,214,514 Interest Earnings $1,0131 $454 $0 $2501 Operating Transfer In - �R&R Fund $0 $0 $0 $1,00101,1000i Total Reveinues $1,031 $454 $4,059,404 $2,564,764 9371ME= Process, Air Improvements $3116,9123 $Oi $,650,000 'Y, . #4 $349,588 $0 $5�40,000 $0, D i i,sinfecti,i, U,952 o�nSystem 1 pgrades W. $ 0 96 304 $, $01 Reuse Filter Additionis $0 $0 $75i1,OOO $0 Biological Aeration Automation $0 $125,677 $501,360 $0 Deep Injection Weill #2' $112,500 $36,536 $6,700,0001 $6,663,464 Bio -Solids Thickening Upgrades $0 $0 $0 $800,0100 Generator Load Bank �$01 $0 $0 $120,000 FP,L Non-Dedied Line $0i $0 $0 $2010 000 Total Expenditures Excess Revenues/(Expenditures), ($719,932) ($161,759) ($5,178,260) ($5,218,701.) Other Funding Souirces or Uses Restricted Fund Balance FY2021' Return of Excess - Boynton FY2021 Ret�urn of Excess - Delray Other, Funding Sources *Restricted Fund Balance as of 09/30121 = $4,376,623 $719,932 $161,759 $i5,178,260 $3,843,580, $0 $0 $0 $797,424 ...... ....... . . . . . . .. ... $0 $0, $01 $577,697 . . ..... ... .... . . $719,,9132 0 - $161,759 $5,178,2601 $�5,218,701 EE EE :11E M MP 7.A Consent Bids and Purchases over $100,000 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Port Consolidated- Annual Expenditure Increase. Requested Action: Approve an increase to the estimated annual expenditure with Port Consolidated, Inc. from $1,500,000 to $1,750,000 per the Southeast Florida Governmental Purchasing Cooperative Group - City of Pompano's RFP E-03-22 contract. Explanation of Request: On June 21, 2022, Commission approved the utilizing the Cooperative Group contract for the purchase of unleaded gasoline and diesel fuel from Port Consolidated for the length of the contract which expires on March 14, 2025, with an annual expenditure in the amount of $1,500,000. Due to the fluctuating fuel prices and anticipated invoices for the remainder of this fiscal, an increase in the amount of $250,000 is needed for the annual expenditure for the remainder of the contract. How will this affect city programs or services? The increase will allow the continuation of ordering gasoline and fuel for the City to keep the vehicles/equipment operational and meet the service demands of our customer/residents. Fiscal Impact: Estimated Fleet Maintenance annual expenditure is $1,750,000. Attachments: City of Pompano - Contract RFP E-03-22.pdf 737 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to rwhitcomb@greenacresfl.gov for placement on the NIGP SEFL website Cooperative contract page. BID/RFP No. RFP E-03-22 Description/Title: Unleaded Gasoline & Diesel Fuel for Southeast Florida Governmental Purchasing Cooperative Group Initial Contract Term: Start Date: March 15, 2022 End Date: March 14, 2027 Renewal Terms of the Contract: 1 Renewal Options for 5 years (No. of Renewals) (Period of Time) Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: Extension / Renewal Note: SECTION #1 VENDOR AWARD Vendor Name: Port Consolidated, Inc. Vendor Address: P.O Box 350430, Ft. Lauderdale, FL, 33335 Contact: Don Carlton, President Phone: 800-683-5823 Fax: 954-527-1191 Cell/Pager: Email Address: cspev@portconsolidated.com Website: FEIN: 59-1173292 SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: Feb. 24, 2022 Resolution/Agenda Item No.: Ord. 2022-30 Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION #3 Agency Name: Agency Address: Agency Contact: Telephone: LEAD AGENCY City of Pompano Beach 100 W Atlantic Boulevard, Pompano Beach, FL 33060 Jeff English 954-786-4098 Email Jeffrey.english@copbfl.com Fax: 738 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA #10 ORDINANCE NO. 2022- 30 CITY OF POMPANO BEACH Broward County, Florida AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SERVICE CONTRACT NO. 1356 BETWEEN THE CITY OF POMPANO BEACH AND PORT CONSOLIDATED, INC. FOR THE PURCHASE AND DELIVERY OF UNLEADED GASOLINE AND DIESEL FUEL; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to law, ten (10) days' notice has been given by publication in a paper of general circulation in the City, notifying the public of this proposed ordinance and of a public hearing in the City Commission Chambers of the City of Pompano Beach; and WHEREAS, a public hearing before the City Commission was held pursuant to the published notice described above, at which hearing the parties in interest and all other citizens so desiring had an opportunity to be and were, in fact, heard; now, therefore, BE IT ENACTED BY THE CITY OF POMPANO BEACH, FLORIDA: SECTION 1. That a Service Contract between the City of Pompano Beach and Port Consolidated, Inc. for the purchase and delivery of unleaded gasoline and diesel fuel, a copy of which Contract is attached hereto and incorporated herein by reference as if set forth in full, is hereby approved. SECTION 2. That the proper City officials are hereby authorized to execute said Contract between the City of Pompano Beach and Port Consolidated, Inc. SECTION 3. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of 739 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 4. This Ordinance shall become effective upon passage. PASSED FIRST READING this 8th day of February '2022. PASSED SECOND READING this 22nd day of February , 2022. ATTEST: Ea DacuSigned 6y: SGi,Wo, Ra*M6L4 62AB0835850F4A?... E"aU Signed by: tNkvu 02C780EB3F480... REX HARDIN, MAYOR ASCELETA HAMMOND, CITY CLERK /jrm 1/20/22 L: ord/2022-103 DocuSlgned by: 740 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA SERVICE CONTRACT No. 1356 THIS AGREEMENT is made and entered into on February 24, 2022 by the City of Pompano Beach ("City") and Port Consolidated, Inc., a ("Contractor"). WHEREAS, City requires the purchase and delivery of unleaded gasoline and diesel fuel, which Contractor is capable of providing under the terms and conditions described herein; and WHEREAS, Contractor is able and prepared to provide such services to City under the terms and conditions set forth; and WHEREAS, the City of Pompano Beach is acting as lead agency for the Southeast Florida Governmental Purchasing Cooperative Group, and the City enters into a contract with Port Consolidated, Inc. for the purchase and delivery of unleaded gasoline and diesel fuel, in accordance with the pricing, terms and condition of RFP E-03-22; and WHEREAS, Contractor agrees to provide all members of the Southeast Florida Governmental Purchasing Cooperative Group with the same pricing as the City of Pompano Beach. NOW, THEREFORE, in consideration of those mutual promises and the terms and conditions set forth hereafter, the parties agree as follows: 1. Contract Documents. The Contract Documents consist of this Agreement; Exhibit "A" — RFP E-03-22; Exhibit `B" — Proposal of Port Consolidated, Inc.; Exhibit "C" — Rate Schedule; and all written change orders and modifications issued after execution of this Agreement. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. 2. Purpose. City hereby contracts with Contractor to provide for the purchase of unleaded gasoline and diesel fuel upon the terms and conditions herein set forth and the Contract Documents. 3. Scope of Work. Contractor will provide the services to be rendered as set forth in Exhibit "A" (RFP E-03-22), attached hereto and by reference incorporated herein and made a part hereof. Contractor agrees to provide all members of the Southeast Florida Governmental Purchasing Cooperative Group, as listed in Attachment `B" of RFP E-03-22, ("Participating Agencies"), and as may be added during the period of this Agreement, with the same pricing as the City of Pompano Beach. 4. Term of Contract. This Contract shall be for a term of five years commencing March 15, 2022 and ending March 14, 2027. 741 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA 5. Renewal. In the event City determines Contractor to be in full compliance with this Agreement and Contractor's performance thereunder to be satisfactory, then City, with City Commission approval, shall have the option to renew this Agreement for an additional five year term upon the written consent of both City and Contractor provided that City provides written notice of its intention to renew within sixty (60) days of the termination date of this Agreement. 6. Maximum Obligation. City agrees to pay Contractor in consideration for its products and services described herein. It is the intention of the parties hereby to insure that unless otherwise directed by the City in writing, Contractor will continue to provide services as specified in Exhibit "A" for the term of the contract. City shall be responsible only for payment for products and services provided to City and not for purchases from Contractor by Participating Agencies. 7. Price Formula and Invoices. A. Price Formula. City agrees to pay Contractor for performance of the services set forth in this Agreement as set forth in the Rate Schedule attached hereto as Exhibit "C" and incorporated herein. B. Invoices. Contractor shall submit the invoices to City and Participating Agencies for their agency's purchases only, and payments made in the manner provided in Paragraph V.I I of RFP E-03-22. All payments by the City and Participating Agencies, shall be made after the service has been provided. 8. Disputes. Any factual disputes between City and the Contractor in regard to this Agreement shall be directed to the City Manager for the City, and such decision shall be final. 9. Contract Administrators, Notices and Demands. A. Contract Administrators. During the term of this Agreement, the City's Contract Administrator shall be Robert McCaughan and the Contractor's Contract Administrator shall be (or their authorized written designee) as further identified below. B. Notices and Demands. A notice, demand, or other communication hereunder by either party to the other shall be effective if it is in writing and sent via email, registered or certified mail, postage prepaid to the representatives named below or is addressed and delivered to such other authorized representative at the address as that party, from time to time may designate in writing and forward to the other as provided herein. If to Contractor: Donald R. Carlton, Jr., President P.O. Box 350430 Fort Lauderdale, 33335 Office: Email: (800) 683-5823 dcarlton@portconsolidated.com Service Contract with Port Consolidated, Inc. Page 2 of 11 742 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA If to City: Robert McCaughan, Contract Administrator 100 West Atlantic Blvd Pompano Beach, FL 33060 Office: 954-786-4097 Email: Robert.McCaughan@copbfl.com With a copy to: Antonio Pucci, Contract Manager 100 West Atlantic Blvd. Pompano Beach, FL 33060 Phone: 954-786-5574 Email: antonio.pucci@copbfl.com 10. Ownership of Documents and Information. All information, data, reports, plans, procedures or other proprietary rights in all Work items, developed, prepared, assembled or compiled by Contractor as required for the Work hereunder, whether complete or unfinished, shall be owned by the City without restriction, reservation or limitation of their use and made available at any time and at no cost to City upon reasonable written request for its use and/or distribution as City deems appropriate provided City has compensated Contractor for said Work product. City's re -use of Contractor's Work product shall be at its sole discretion and risk if done without Contractor's written permission. Upon completion of all Work contemplated hereunder or termination of this Agreement, copies of all of the above data shall be promptly delivered to the City's Contract Administrator upon written request. The Contractor may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. The rights and obligations created under this Article shall survive the termination or expiration of this Agreement. To the extent it exists and is necessary to perform the Work hereunder, City shall provide any information, data and reports in its possession to Contractor free of charge. 11. Termination. City shall have the right to terminate this Agreement, in whole or in part, for convenience, cause, default or negligence on Contractor's part, upon ten (10) business days advance written notice to Contractor. Such Notice of Termination may include City's proposed Transition Plan and timeline for terminating the Work, requests for certain Work product documents and materials, and other provisions regarding winding down concerns and activities. If there is any material breach or default in Contractor's performance of any covenant or obligation hereunder which has not been remedied within ten (10) business days after City's written Notice of Termination, City, in its sole discretion, may terminate this Agreement immediately and Contractor shall not be entitled to receive further payment for services rendered from the effective date of the Notice of Termination. In the event of termination, City shall compensate Contractor for all authorized Work satisfactorily performed through the termination date under the payment terms set forth in Article 7 above and all Work product documents and materials shall be delivered to City within ten (10) business days from the Notice of Termination. If any Work hereunder is in progress but not completed as of the date of the termination, then upon City's written approval, this Agreement may be extended until said Work is completed and accepted by City. Service Contract with Port Consolidated, Inc. Page 3 of 11 743 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA 12. Force Majeure. Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented, delayed or stopped by fire, hurricane, earthquake, explosion, war, civil disorder , sabotage, accident , flood, acts of God, or act or order of a governmental instrumentality, failure of technical facilities, interruption or delay of transportation service, epidemic, pandemic, or public health emergencies (including any resurgence or re -occurrence) or by any reason of any other matter or condition beyond the control of either party which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall economic hardship or lack of funds be considered an event of force Majeure. If either party is unable to perforin or is prevented, delayed or stopped in performing any obligations under this Agreement because of any event of force majeure including an event that prevents the use or ability to use the Property for its intended purpose to the benefit of the public, such inability to perform or delay shall be excused and any associated charges or payment suspended until such time as the event of force majeure ends or as long as may be reasonably necessary for either party to correct the adverse effect of such event of force majeure, to the extent and in the form as mutually agreed by the Parties. In order to be entitled to the benefit of this Paragraph, a party claiming an event of Force Majeure shall be required to give prompt written notice to the other party after commencement or discovery of the event of force majeure, specifying in detail the event of force majeure, the estimated length of the event of force majeure, diligently proceed to correct the adverse effect of any force majeure, where possible, and, upon request from the non -claiming party, provide an update until the event of force majeure ends. The parties agree that, as to this Paragraph, time is of the essence. 13. Insurance. Contractor shall maintain insurance in accordance with Exhibit "B" throughout the term of this Agreement. 14. Indemnification. Except as expressly provided herein, no liability shall attach to the City by reason of entering into this Agreement. A. Contractor shall at all times indemnify, hold harmless and defend the City, its officers, officials, employees, volunteers and other authorized agents from and against any and all claims, demands, suit, damages, attorneys' fees, fines, losses, penalties, defense costs or liabilities suffered by the City arising directly or indirectly from any act, breach, omission, negligence, recklessness or misconduct of Contractor and/or any of its agents, officers, or employees hereunder, including any inaccuracy in or breach of any of the representations, warranties or covenants made by the Contractor, its agents, officers and/or employees, in the performance of services of this contract. Contractor agrees to investigate, handle, respond to, provide defense for, and defend any such claims at its sole expense and to bear all other costs and expenses related thereto, even if the claim(s) is/are groundless, false or fraudulent. To the extent considered necessary by City, any sums due Contractor hereunder may be retained by City until all of City's claims for indemnification hereunder have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. Service Contract with Port Consolidated, Inc. Page 4 of 11 744 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA B. Contractor acknowledges and agrees that City would not enter into this Agreement without this indemnification of City by Contractor. The parties agree that one percent (1 %) of the total compensation paid to Contractor hereunder shall constitute specific consideration to Contractor for the indemnification provided under this Article and these provisions shall survive expiration or early termination of this Agreement. 15. Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by the City of its sovereign immunity limits as set forth in section 768.28, Florida Statutes. Nothing herein shall be construed as consent from either party to be sued by third parties. 16. Non-Assimability and Subcontracting. A. Non -Assignability. This Agreement is not assignable and Contractor agrees it shall not assign or otherwise transfer any of its interests, rights or obligations hereunder, in whole or in part, to any other person or entity without City's prior written consent which must be sought in writing not less than fifteen (15) days prior to the date of any proposed assignment. Any attempt by Contractor to assign or transfer any of its rights or obligations hereunder without first obtaining City's written approval shall not be binding on City and, at City's sole discretion, may result in City's immediate termination of this Agreement whereby City shall be released of any of its obligations hereunder. In addition, this Agreement and the rights and obligations herein shall not be assignable or transferable by any process or proceeding in court, or by judgment, execution, proceedings in insolvency, bankruptcy or receivership. In the event of Contractor's insolvency or bankruptcy, City may, at its option, terminate and cancel this Agreement without any notice of any kind whatsoever, in which event all rights of Contractor hereunder shall immediately cease and terminate. B. Subcontracting. Prior to subcontracting for Work to be performed hereunder, Contractor shall be required to obtain the written approval of the City's Contract Administrator. If the City's Contract Administrator, in his/her sole discretion, objects to the proposed subcontractor, Contractor shall be prohibited from allowing that subcontractor to provide any Work hereunder. Although Contractor may subcontract Work in accordance with this Article, Contractor remains responsible for any and all contractual obligations hereunder and shall also be responsible to ensure that none of its proposed subcontractors are listed on the Convicted Vendors List referenced in accordance with the provisions of Article 28 below. 17. Performance Under Law. The Contractor, in the performance of duties under the Agreement, agrees to comply with all applicable local, state and/or federal laws and ordinances including, but not limited to, standards of licensing, conduct of business and those relating to criminal activity. 18. Audit and Inspection Records. The Contractor shall permit the authorized representatives of the City to inspect and audit all data and records of the Contractor, if any, relating to performance under the contract until the expiration of three years after final payment under this contract. The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that City or any of their duly authorized Service Contract with Port Consolidated, Inc. Page 5 of 11 745 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA representatives shall, until the expiration of three years after final payment under the subcontractor, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions related to the subcontractor. 19. Adherence to Law. Both parties shall adhere to all applicable laws governing their relationship with their employees including, but not limited to, laws, rules, regulations and policies concerning worker's compensation, unemployment compensation and minimum wage requirements. 20. Independent Contractor. The Contractor shall be deemed an independent Contractor for all purposes, and the employees of the Contractor or any of its contractors, subcontractors and the employees thereof, shall not in any manner be deemed to be employees of City. As such, the employees of the Contractor, its Contractors or subcontractors, shall not be subject to any withholding for tax, social security or other purposes by City, nor shall such Contractor, subcontractor or employee be entitled to sick leave, pension benefits, vacation, medical benefits, life insurance, workers or unemployment compensation or the like from City. 21. Contractor cooperation. The Contractor recognizes that the performance of this contract is essential to the provision of vital public services and the accomplishment of the stated goals and mission of City. Therefore, the Contractor shall be responsible to maintain a cooperative and good faith attitude in all relations with City and shall actively foster a public image of mutual benefit to both parties. The Contractor shall not make any statements or take any actions detrimental to this effort. 22. Public Records. A. The City of Pompano Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law, as amended. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City in order to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are Service Contract with Port Consolidated, Inc. Page 6 of 11 746 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically 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. B. Failure of the Contractor to provide the above described public records to the City within a reasonable time may subject Contractor to penalties under 119. 10, Florida Statutes, as amended. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 100 W. Atlantic Blvd., Suite 253 Pompano Beach, Florida 33060 (954) 786-4611 RecordsCustodiankcopbfl.com 23. Governing Law. This Agreement must be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement will be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit will be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS AGREEMENT, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 24. Waiver and Modification. A. No waiver made by either party with respect to performance, manner, time, or any obligation of either party or any condition hereunder shall be considered a waiver of that party's rights with respect to the particular obligation or condition beyond those expressly waived in writing or a waiver of any other rights of the party making the waiver or any other obligations of the other parry. Service Contract with Port Consolidated, Inc. Page 7 of 11 747 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA B. No Waiver by Delay. The City shall have the right to institute such actions or proceedings as it may deem desirable for effectuating the purposes of this Agreement provided that any delay by City in asserting its rights hereunder shall not operate as a waiver of such rights or limit them in anyway. The intent of this provision is that City shall not be constrained to exercise such remedy at a time when it may still hope to otherwise resolve the problems created by the default or risk nor shall any waiver made by City with respect to any specific default by Contractor be considered a waiver of City's rights with respect to that default or any other default by Contractor. C. Either party may request changes to modify certain provisions of this Agreement; however, unless otherwise provided for herein, any such changes must be contained in a written amendment executed by both parties with the same formality of this Agreement. 25. No Contingent Fee. Contractor warrants that other than a bona fide employee working solely for Contractor, Contractor has not employed or retained any person or entity, or paid or agreed to pay any person or entity, any fee, commission, gift or any other consideration to solicit or secure this Agreement or contingent upon or resulting from the award or making of this Agreement. In the event of Contractor's breach or violation of this provision, City shall have the right to terminate this Agreement without liability and, at City's sole discretion, to deduct from the Price Formula set forth in Article 7 or otherwise recover the full amount of such fee, commission, gift or other consideration. 26. Attorneys' Fees and Costs. In the event of any litigation involving the provisions of this Agreement, both parties agree that the prevailing party in such litigation shall be entitled to recover from the non -prevailing party reasonable attorney and paraprofessional fees as well as all out-of-pocket costs and expenses incurred thereby by the prevailing party in such litigation through all appellate levels. 27. No Third Party Beneficiaries. Contractor and City agree that this Agreement and other agreements pertaining to Contractor's performance hereunder shall not create any obligation on Contractor or City's part to third parties. No person not a party to this Agreement shall be a third -party beneficiary or acquire any rights hereunder. 28. Public Entity Crimes Act. As of the full execution of this Agreement, Contractor certifies that in accordance with §287.133, Florida Statutes, it is not on the Convicted Vendors List maintained by the State of Florida, Department of General Services. If Contractor is subsequently listed on the Convicted Vendors List during the term of this Agreement, Contractor agrees it shall immediately provide City written notice of such designation in accordance with Article 9 above. 29. Entire Agreement. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. Service Contract with Port Consolidated, Inc. Page 8 of 11 748 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA 30. Headings. The headings or titles to Articles of this Agreement are not part of the Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. 31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy, email or facsimile copy of this Agreement and any signatory hereon shall be considered for all purposes as original. 32. Approvals. Whenever CITY approval(s) shall be required for any action under this Agreement, said approval(s) shall not be unreasonably withheld. 33. Absence of Conflicts of Interest. Both parties represent they presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with their performance under this Agreement and that no person having any conflicting interest shall be employed or engaged by either party in their performance hereunder. 34. Binding Effect. The benefits and obligations imposed pursuant to this Agreement shall be binding and enforceable by and against the parties hereto. 35. Employment Eligibility. By entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E -Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit or County Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination 36. Ordering and Payment. It is understood and agreed that the City of Pompano Beach is not a legally bound party to any contractual agreement made between any other agency and the Contractor as a result of this Agreement or purchases made between other agencies. After award of contract to Contractor, the City reserves the right to issue purchase orders in accordance with the terms of this contract. 37. Severability. Should any provision of this Agreement or the applications of such provisions be rendered or declared invalid by a court action or by reason of any existing or subsequently enacted legislation, the remaining parts of provisions of this Agreement shall remain in full force and effect. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Service Contract with Port Consolidated, Inc. Page 9 of 11 749 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year hereinabove written. Attest: DocuSigned by: SUWA, RA*k6VJ 82AB0835850F4A'... ASCELETA HAMMOND, CITY CLERK APPROVED AS TO FORM: DocuSigned by! ai �c f. b.Ywaw B4DD5E1CDA804A1... MARK E. BERMAN, CITY ATTORNEY CITY OF POMPANO BEACH DocuSigned by: 6ard�w By: 5-62 C B780 E B 3 F480... REX HARDIN, MAYOR DocuSigned by: P. �kamsew By: 44CB _ GREGORY P. HARRISON, CITY MANAGER (SEAL) DocuSigned by: Service Contract with Port Consolidated, Inc. Page 10 of 11 750 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA "CONTRACTOR" Port Consolidated, Inc. Witnesses: By: X (Print or Type Name) (Print or Type Name) S'T'ATE OF COUNTY OF X b6n 1, a C ff k1l."tarlt6n, Jr"�P�es dent The foi-e0oino instrument was acknowledged before me by means of 4/physical presence or m online notarization, this t"Ii'day of Jc-i,t"u-ooc'q -------------------------------- 3 20,a, by Donald R. Carlton, Jr. as President of Port Consolidated, Inc., a Florida corporation on behalf of the corporation. He is arsonalIv known to me or who has produced (type of identification) as identification. NOTARY'S Sl -'.Al.: LEIDY G. RODRIGUEZ Notary Public -State of Florida Commission # HH 45130 'N �'W" ` My Commission Expires October 06, 2024 Service Contract witli Port Consolidated, Inc. NOTARY_UBLIC, STATE OP)FLOkIDA (Name of Acknowledger Typed, Printed or Stamped) -i I i --k- 44 5 � 2) G Commission Number Page I I oft I 751 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 CITY OF POMPANO BEACH REQUEST FOR PROPOSALS E-03-22 UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP OPENING: NOVEMBER 29, 2021, 2:00:00 P.M. Virtual Zoom Meeting For access go to: https://pompanobeachfi.gov/pages/meetings 752 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 SHIS+ IIII IIIA [ll IV IIJNWN I A I. I°IIIIIE. IASIIING Dllll'll AIIII�II: TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "Lead Agency". All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the Lead Agency. • Each participating governmental entity will use the Lead Agency's contract and terms as executed, for its purchase orders. Furthermore each participating governmental entity will issue its own purchase orders for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • Awarded Contractor agrees that the contract/purchase order terms of each entity will prevail for the individual participating entity should there be any conflicts between the Lead Agency's resulting contract and participating governmental entities contract/purchase order terms. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The Awarded Contractor(s) shall be responsible for advising the Lead Agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), Contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities, which are not members of the Southeast rionaa uovernmentai rurcnasing L;ooperative, are strictly proniDitea from utilizing any contract or purcnase oraer resulting from tnls ala awara. However, 2 753 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the Lead Agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the Lead Agency. None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" 3 754 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA CITY OF POMPANO BEACH, FLORIDA Exhibit A - RFP E-03-22 Issued: October 28, 2021 REQUEST FOR PROPOSALS E-03-22 UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP The City of Pompano Beach, Lead Agency and hereinafter referred to as the City, is seeking proposals from qualified companies to provide unleaded gasoline and diesel fuel to participating agencies of the Southeast Florida Governmental Purchasing Cooperative Group (Cooperative). The City will receive sealed Proposals until 2:00:00 p.m. (local), November 29, 2021. Proposals must be submitted electronically through the eBid System on or before the due date/time stated above. Any Proposal received after the due date and time specified will not be considered. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Proposer must be registered on the City's eBid System in order to view the solicitation documents and respond to this solicitation. The complete solicitation document can be downloaded for free from the eBid System as a pdf at https://pompanobeachfi.ionwave.net. The City is not responsible for the accuracy or completeness of any documentation the Proposer receives from any source other than from the eBid System. Proposer is solely responsible for downloading all required documents. A list of Proposers will be read aloud in a virtual public forum. To attend the virtual public meeting, go to !At s://www.pompanobeachfl.gov/mpgt ps„to find the link. Introduction The City intends to establish a contract for the purchase of unleaded gasoline and diesel fuel, as and when needed. The City is acting as the Lead Agency for the Cooperative, and this solicitation includes the requirements of both the City and the participating agencies named herein. Any reference to a single agency or location will in fact, be understood as referring to all participating agencies referenced in the documents unless specifically noted otherwise. A. Objectives 1. Contract for diesel and unleaded gasoline products with suppliers that have access to volumes of substantial petroleum products at a minimum in Port Everglades either via contractual allocations or direct ownership, and have proven stable business operations, including provisions for delivery capabilities, business continuity and supply to the participating agencies in emergency situations. 2. Obtain fuels at competitive market rates. B. Scope Of Services and Attachments Attachment "A" — Specifications and Requirements Attachment "B" — Delivery Locations -Tank Size. Attachment "C" — Current Port Consolidated Contract Attachment "D" — Cooperative Volume Report 4 755 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A- RFP E-03-22 Attachment "E" — Applicable Fuel Taxes Attachment "F" — Sample Invoice C. Responsiveness and Responsibility items: Responsiveness. The following items must be provided by Proposers with their Proposal. At the discretion of the Lead Agency's General Services Director, the Lead Agency reserves the right, after the opening of the RFP, but prior to the start of evaluations of Proposals, to request a missing or corrupted item(s) of a Proposer. Proposer must provide said item no later than three (3) business days after such request is made by Lead Agency. Failure to provide these items shall result in the Proposer being deemed non-responsive, and its Proposal disqualified. Proposer must provide the following with its Proposals: a. Documentation evidencing specialized experience in the delivery of products and demonstrate a capability to provide the products to the Cooperative entire geographical area (including, but not limited to Miami -Dade, Broward and Palm Beach Counties). b. References of representative customers of comparable size and scope to the Cooperative for which the Proposer supplies product. Reference list must include names and addresses of each customer's contact (email, phone number, address, etc.) and description of current business relationship. c. Proof that Proposer can meet the included estimated product usage requirements of the Cooperative's participating agencies. If the Proposer is not a fuel distributer (not a fuel terminal operator) also provide proof of monthly fuel sale volumes, including copies of any Letter of Intent or contractual agreements with terminal operators. Responsibility. The following items shall be used by the City to evaluate each Proposer's responsibility: a. Licenses required for the services. b. City reserves the right during evaluation and up to negotiations with the Successful Proposer to request financial information to determine Proposer's financial solvency and ability to fulfill delivery of the product during the term of the contract. c. Proposer's past performance, including any feedback from references. d. City will review the Proposer's business organization to confirm that it is in good standing with the Florida Department of State, Division of Corporations based on the information provided in the Proposer's response. e. Disclose of any litigation within the past five (5) years arising out of your company's performance. City reserves the right, at its sole discretion, to deem a Proposer non -responsible and disqualify the Proposer. 5 756 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 D. Participating Agencies Refer to Attachment B - Delivery Locations -Tank Size. E. Term of Contract City reserves the right to negotiate up to a five-year contract with the Successful Proposer, renewals, or any term that the City deems best meets its needs and the needs of the Cooperative. The City may require additions or deletions of participating agencies. This may entail additional agencies and locations, and/or deletion of previous participating agencies. The Contractor shall serve all required additions or deletions, as requested by the City, according to the terms and conditions of the solicitation. In the event delivery/service is scheduled to end because of the expiration of this contract, the Contractor must continue to deliver and provide services upon the request of the City's General Services Director. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the product/service at the rate in effect when this extension clause is invoked by the City. This paragraph shall survive the expiration of the contract. F. Required Proposal Submittal Submission/Format Requirements Sealed Proposals shall be submitted electronically through the eBid System on or before the due date/time stated above. Proposer shall upload response as one (1) file to the eBid System. The file size for uploads is limited to 250 MB. If the file size exceeds 250 MB the response must be split and uploaded as two (2) separate files. Information to be included in the Proposal: In order to maintain comparability and expedite the review process, it is required that Proposals be organized in the manner specified below, with the sections clearly labeled: Cover letter: A cover letter signed by an authorized representative of the company. The letter should present an overview of the Proposer's organization and will include the company's name, address, principal contact person for this Proposal, e-mail address, phone number, and fax number. A brief description of the company's history and corporate affiliations. 2. Personnel: Identify the proposed contact persons and telephone numbers for ordering services, for invoicing questions, and other key (customer service) personnel that will be assigned to this account. 3. Obligations of the participating agencies: Describe the requirements (operational, legal, agreements, insurance, etc.) for the sale and delivery of petroleum products. Copies of any and all required terms and conditions, agreements, notices, or procedural descriptions should be attached to the Proposal. Proposers should no 757 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 describe in detail any product volume purchase requirements which would be required of each participatin_p a_pency on a monthly basis. 4. Contingency plan of action. Companies should describe a plan of action to assure product availability (including requirements for additional products before and after an emergency situation), and avoid disruption of supply during any emergency situation (e.g. hurricanes). Describe your storage and distribution logistics plan to include but not be limited to: ownership or control of storage facilities in the Tri -County area, agreements or partnerships with fuel transportation providers to supplement existing delivery capabilities, redundant communication capabilities, and emergency power generation. Availability of fuels at other terminals on a regional basis should also be described in this plan of action submittal. 5. Price Proposal: Submit your firm, fixed price Proposal for providing all services, materials, etc. required for sale of petroleum products as outlined on Attachment A -item 2 "pricing methodology" with the Proposal response. 6. Proposers may include additional services, such as the ability of the Lead Agency and Cooperative to pre -purchase fuel or lease storage space for fuel as part of a comprehensive Emergency Plan. 7. Responsiveness and Responsibility items as described above. 8. Alternate Proposals: a. An option is afforded to all Proposers to submit, in addition to their original Proposal, an alternate Proposal, which excludes the provision of transportation services for the petroleum products, included in this RFP. Transportation services would be the responsibility of that participating agency, typically with vehicles owned and operated by the agency. Proposers wishing to submit on this basis should clearly indicate in the alternative Proposal response the discount from the differential provided in the pricing pages and any requirements to be met by the participating agency, such as insurance provisions to be supplied and certifications for vehicles and operators. b. For the potential use of some participating agencies, the opportunity is afforded to all Proposers to provide the option to pre -arrange purchase of fixed volume(s) of product(s) at a fixed price from time to time thereby assuring: i. Product availability of fixed volume(s) on a ratable basis over a defined period of time, presumable in monthly increments. ii. Established pre -agreed fixed pricing point(s) for product(s) during that established period of time, regardless of market conditions. C. Proposers wishing to provide an alternate Proposal on a fixed volume/fixed price basis should provide minimum and, if applicable, maximum monthly volumes applicable or percentage of agency estimated ratable demand that could be contracted for on this basis. If available, provide a copy of 7 758 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 standard terms and conditions that would generally apply to such a transaction. 9. Addenda, Additional Information: Any addenda or answers to written questions supplied by the City to potential Proposers shall become part of this RFP and any resulting contract. City Forms: The RFP Proposer Information Page Form must be signed by an authorized company representative and included with the Proposal that is electronically submitted through the City's eBid System. G. Insurance The insurance described herein reflects the insurance requirements deemed necessary for this contract by the City. It is not necessary to have this level of insurance in effect at the time of submittal, but certificates indicating that the insurance is currently carried or a letter from the Carrier indicating upgrade ability will speed the review process to determine the most qualified Proposer. The successful Proposer(s) shall not commence operations until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Pompano Beach Risk Manager. If you are responding to a solicitation and have questions regarding the insurance requirements hereunder, please contact the City's Purchasing Division at (954) 786-4098. If the contract has already been awarded, please direct any inquiries and proof of the requisite insurance coverage to City staff responsible for oversight of the subject project/contract. Contractor is responsible to deliver to the City for timely review and written approval/disapproval Certificates of Insurance which evidence that all insurance required hereunder is in full force and effect and which name on a primary basis, the City as an additional insured on all such coverage. Throughout the term of this Contract, City, by and through its Risk Manager, reserve the right to review, modify, reject or accept any insurance policies required by this Contract, including limits, coverages or endorsements. City reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition or failure to operate legally. Failure to maintain the required insurance shall be considered an event of default. The requirements herein, as well as City's review or acceptance of insurance maintained by Contractor, are not intended to and shall not in any way limit or qualify the liabilities and obligations assumed by Contractor under this Contract. Throughout the term of this Contract, Contractor and all subcontractors or other agents hereunder, shall, at their sole expense, maintain in full force and effect, the following insurance coverages and limits described herein, including endorsements. 759 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440, regardless of the size of the company (number of employees) or the state in which the work is to be performed or of the state in which Contractor is obligated to pay compensation to employees engaged in the performance of the work. Contractor further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. 2. Liability Insurance a. Naming the City of Pompano Beach as an additional insured as City's interests may appear, on General Liability Insurance only, relative to claims which arise from Contractor's negligent acts or omissions in connection with Contractor's performance under this Contract. b. Such Liability insurance shall include the following checked types of insurance and indicated minimum policy limits. Type of Insurance Limits of Liability GENERAL LIABILITY: Minimum $2,000,000 Per Occurrence and $2,000,000 Per Aggregate " Policy to be written on a claims incurred basis XX comprehensive form bodily injury and property damage XX premises - operations bodily injury and property damage explosion & collapse hazard _ underground hazard XX products/completed bodily injury and property damage combined operations hazard XX contractual insurance bodily injury and property damage combined XX broad form property damage bodily injury and property damage combined XX independent contractors personal injury XX personal injury -------------------------------------------------------------------------------------------------------------------------- AUTOMOBILE LIABILITY: Minimum $1,000,000 Per Occurrence and $2,000,000 Per Aggregate. Bodily injury (each person) bodily injury (each accident), property damage, bodily injury and property damage combined. XX comprehensive form owned _ hired non -owned REAL & PERSONAL PROPERTY comprehensive form Agent must show proof they have this coverage. E Wif DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA EXCESS LIABILITY XX other than umbrella bodily injury and property damage combined PROFESSIONAL LIABILITY * Policy to be written on a claims made basis Exhibit A - RFP E-03-22 Per Occurrence Aggregate $4,000,000 $4,000,000 Per Occurrence Aggregate $2,000,000 $2,000,000 G. If Professional Liability insurance is required, Contractor agrees the indemnification and hold harmless provisions of the Contract shall survive the termination or expiration of the Contract for a period of three (3) years unless terminated sooner by the applicable statute of limitations. 3. Employer's Liability. Contractor and all subcontractors shall, for the benefit of their employees, provide, carry, maintain and pay for Employer's Liability Insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) per employee, Five Hundred Thousand Dollars ($500,000) per aggregate. 4. Policies: Whenever, under the provisions of this Contract, insurance is required of the Contractor, the Contractor shall promptly provide the following: a. Certificates of Insurance evidencing the required coverage; b. Names and addresses of companies providing coverage; C. Effective and expiration dates of policies; and d. A provision in all policies affording City thirty (30) days written notice by a carrier of any cancellation or material change in any policy. 5. Insurance Cancellation or Modification. Should any of the required insurance policies be canceled before the expiration date, or modified or substantially modified, the issuing company shall provide thirty (30) days written notice to the City. 6. Waiver of Subrogation. Contractor hereby waives any and all right of subrogation against the City its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation without an endorsement, then Contractor shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which includes a condition to the policy not specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre -loss basis. The Successful Proposer shall furnish to the City the certification or proof of insurance required by the provisions set forth above, within ten (10) days after notification of award 10 761 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 of contract. Certificate(s) to be issued to City of Pompano Beach, Attention Risk Manager, 100 West Atlantic Boulevard, Pompano Beach, Florida, 33060. H. Selection/Evaluation Process A Selection/Evaluation Committee will be appointed to select the most qualified company. The Selection/Evaluation Committee will present their findings to the City Commission. Proposals will be evaluated using the following criteria: Criteria Point Range 1. Company Qualifications and Capabilities 0-35 (Factors including but not limited to those identified below) • Fuel supply delivery capability from Port Everglades • Delivery capabilities, such as transportation fleet and personnel 2. Emergency Supply Capabilities 0-30 (Factors including but not limited to those identified below) • Control of storage facilities in Tri -County area, and surrounding Counties • Contingency plan of action • Availability of additional emergency storage outside the vicinity of the Tri -County area and surrounding Counties • Availability of trucks and drivers from outside the Tri -County and surrounding counties • Percentage of supply contracted with fuel terminals versus spot purchases based on supplied volume report 3. References 0-10 (Factors including but not limited to the following) • Years servicing each referenced customer • Number of locations that the Proposer services for the referenced customer and their capacity 4. Cost 0-25 Total 0-100 The Committee has the option to use the above criteria for the initial ranking to short-list Proposers and to use an ordinal ranking system to score short-listed Proposers following 11 My, DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 presentations (if deemed necessary) with a score of "1" assigned to the short-listed Proposer deemed most qualified by the Committee. Each company should submit documentation that evidences the company's capability to provide the services required for the Committee's review for short listing purposes. After an initial review of the Proposals, the City may invite Proposers for an interview to discuss the Proposal and meet company representatives, particularly key personnel who would be assigned to the project. Should interviews be deemed necessary, it is understood that the City shall incur no costs as a result of this interview, nor bear any obligation in further consideration of the submittal. When more than three responses are received, the committee shall furnish the City Commission (for their approval) a listing, in ranked order, of no fewer than three companies deemed to be the most highly qualified to perform the service. If three or fewer companies respond to the RFP, the list will contain the ranking of all responses. The City Commission has the authority to (including, but not limited to); approve the recommendation; reject the recommendation and direct staff to re -advertise the solicitation; or, review the responses themselves and/or request oral presentations and determine a ranking order that may be the same or different from what was originally presented to the City Commission. I. Hold Harmless and Indemnification Proposer covenants and agrees that it will indemnify and hold harmless the City and all of its officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Proposer, whether direct or indirect, or whether to any person or property to which the City or said parties may be subject, except that neither the Proposer nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused by or resulting from the sole negligence of the City or any of its officers, agents or employees. J. Right to Audit Successful Proposer's records which shall include but not be limited to accounting records, written policies and procedures, computer records, disks and software, videos, photographs, subcontract files (including proposals of Successful and Unsuccessful Proposers), originals, estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to the contract (all the foregoing hereinafter referred to as "records") shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by City's agent or its authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by the Successful Proposer or any of its payees pursuant to the execution of the contract. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with the contract. For the purpose of such audits, inspections, examinations and evaluations, the City's agent or authorized representative shall have access to said records from the effective 12 FI& DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA 1.4 Exhibit A - RFP E-03-22 date of the contract, for the duration of the Work, and until five (5) years after the date of final payment by City to Successful Proposer pursuant to the contract. City's agent or its authorized representative shall have access to the Successful Proposer's facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this article. City's agent or its authorized representative shall give auditees reasonable advance notice of intended audits. Successful Proposer shall require all subcontractors, insurance agents, and material suppliers (payees) to comply with the provisions of this article by insertion of the requirements hereof in any written contract. Failure to obtain such written contracts which include such provisions shall be reason to exclude some or all of the related payees' costs from amounts payable to the Successful Proposer pursuant to the contract. Retention of Records and Right to Access 1. The City of Pompano Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law, as amended. Specifically, the Contractor shall: a. Keep and maintain public records required by the City in order to perform the service; b. Upon request from the City's custodian of public records, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City; and Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically 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. 2. Failure of the Contractor to provide the above described public records to the City within a reasonable time may subject Contractor to penalties under 119, Florida Statutes, as amended. PUBLIC RECORDS CUSTODIAN 13 764 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 100 W. Atlantic Blvd., Suite 253 Pompano Beach, Florida 33060 (954) 786-4611 RecordsCustodian co bfl.com 3. The Successful Proposer shall maintain during the term of the contract all books of account, receipt invoices, reports and records in accordance with generally accepted accounting practices and standards. The form of all records and reports shall be subject to the approval of the City's Internal Auditor. The Successful Proposer must comply with the Internal Auditor's recommendation for changes, additions, or deletions. The City's Internal Auditor must be permitted during normal business hours to audit and examine the books of account, reports, and records relating to this contract. The Successful Proposer shall maintain and make available such records and files for the duration of the contract and retain them until the expiration of three years after final payment under the contract. L. Communications No negotiations, decisions, or actions shall be initiated or executed by the company as a result of any discussions with any City employee. Only those communications, which are in writing from the City, may be considered as a duly authorized expression on behalf of the City. In addition, only communications from companies that are signed and in writing will be recognized by the City as duly authorized expressions on behalf of companies. M. No Discrimination There shall be no discrimination as to race, sex, color, age, religion, or national origin in the operations conducted under any contract with the City. N. Independent Contractor The Successful Proposer will conduct business as an independent contractor under the terms of this contract. Personnel services provided by the Successful Proposer shall be by employees of the company and subject to supervision by the company, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this contract shall be those of the company. O. Staff Assignment The City of Pompano Beach reserves the right to approve or reject, for any reasons, Proposer's staff assigned to this project at any time. Background checks may be required. P. Contract Terms 14 765 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 The contract resulting from this RFP shall include, but not be limited to the following terms: The contract shall include as a minimum, the entirety of this RFP document, together with the Successful Proposer's Proposal. Contract shall be prepared by the City of Pompano Beach City Attorney. If the City of Pompano Beach defends any claim, demand, cause of action, or lawsuit arising out of any act, action, negligent acts or negligent omissions, or willful misconduct of the contractor, its employees, agents or servants during the performance of the contract, whether directly or indirectly, contractor agrees to reimburse the City of Pompano Beach for all expenses, attorney's fees, and court costs incurred in defending such claim, cause of action or lawsuit. Q. Waiver It is agreed that no waiver or modification of the contract resulting from this RFP, or of any covenant, condition or limitation contained in it shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this contract, or the right or obligations of any party under it, unless such waiver or modification is in writing, duly executed as above. The parties agree that the provisions of this paragraph may not be waived except by a duly executed writing. R. Survivorship Rights This contract resulting from this RFP shall be binding on and inure to the benefit of the respective parties and their executors, administrators, heirs, personal representative, successors and assigns. S. Manner of Performance Proposer agrees to perform its duties and obligations under the contract resulting from this RFP in a professional manner and in accordance with all applicable local, federal and state laws, rules and regulations. Proposer agrees that the delivery of product and services provided under the contract resulting from this RFP shall be provided by employees that are educated, trained and experienced, certified and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish the City of Pompano Beach with all documentation, certification, authorization, license, permit, or registration currently required by applicable laws or rules and regulations. Proposer further certifies that it and its employees are now in and will maintain good standing with such governmental agencies and that it and its employees will keep all license, permits, registration, authorization or certification required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of contract. T. Acceptance Period Proposals submitted in response to this RFP must be valid for a period no less than one hundred and twenty days (120) days from the closing date of this solicitation. 15 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 U. RFP Conditions and Provisions The completed Proposal (together with all required attachments) must be submitted electronically to City on or before the time and date stated herein. All Proposers, by electronic submission of a Proposal, shall agree to comply with all of the conditions, requirements and instructions of this RFP as stated or implied herein. All Proposals and supporting materials submitted will become the property of the City. Proposer's response shall not contain any alteration to the document posted other than entering data in spaces provided or including attachments as necessary. By submission of a response, Proposer affirms that a complete set of solicitation documents was obtained from the eBid System or from the Purchasing Division only and no alteration of any kind has been made to the solicitation. Exceptions or deviations to this Proposal may not be added after the submittal date. All Proposers are required to provide all information requested in this RFP. Failure to do so may result in disqualification of the Proposal. The City reserves the right to postpone or cancel this RFP, or reject all Proposals, if in its sole discretion it deems it to be in the best interest of the City to do so. The City reserves the right to waive any technical or formal errors or omissions and to reject all Proposals, or to award contract for the items herein, in part or whole, if it is determined to be in the best interests of the City to do so. The City shall not be liable for any costs incurred by the Proposer in the preparation of Proposals or for any work performed in connection therein. V. Standard Provisions 2. Licenses In order to perform public work, the Successful Proposer shall: Be licensed to do business in Florida, if an entity, and hold or obtain such Contractor' and Business Licenses if required by State Statutes or local ordinances. 3. Conflict of Interest For purposes of determining any possible conflict of interest, each Proposer must disclose if any Elected Official, Appointed Official, or City Employee is also an owner, corporate officer, or an employee of the company. If any Elected Official, Appointed Official, or City Employee is an owner, corporate officer, or an employee, the Proposer must file a statement with the Broward County Supervisor of Elections pursuant to §112.313, Florida Statutes. 4. Drug Free Workplace The Successful Proposer will be required to verify they will operate a "Drug Free Workplace" as set forth in Florida Statute, 287.087. 16 Fly DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 5. Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 6. Patent Fees, Royalties, And Licenses If the Successful Proposer requires or desires to use any design, trademark, device, material or process covered by letters of patent or copyright, the selected Proposer and his surety shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, trademark, copyright, material or process in connection with the work agreed to be performed and shall indemnify the City from any cost, expense, royalty or damage which the City may be obligated to pay by reason of any infringement at any time during or after completion of the work. 7. Permits The Successful Proposer shall be responsible for obtaining all permits, licenses, certifications, etc., required by federal, state, county, and municipal laws, regulations, codes, and ordinances for the performance of the work required in these specifications and to conform to the requirements of said legislation. 8. Familiarity With Laws It is assumed the Successful Proposer will be familiar with all federal, state and local laws, ordinances, rules and regulations that may affect its services pursuant to this RFP. Ignorance on the part of the Proposer will in no way relieve the company from responsibility. 9. Withdrawal of Proposals A Proposer may withdraw its Proposal without prejudice no later than the advertised deadline for submission of Proposals by using the "Retract" feature of the City's eBid System.. 10. Composition of Project Team Proposers are required to commit that the principals and personnel named in the Proposal will perform the services throughout the contractual term unless otherwise provided for by way of a negotiated contract or written amendment to same executed by both parties. No diversion or substitution of principals or 17 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 personnel will be allowed unless a written request that sets forth the qualifications and experience of the proposed replacement(s) is submitted to and approved by the City in writing. 11. Invoicing/Payment Payments will be made by each Participating Agency within fifteen (15) calendar days from delivery of product at Participating Agencies location via wire transfer to seller's account and bank, as indicated on the invoice. W. Questions and Communication Each Proposer will examine all Request for Proposal (RFP) documents and will judge all matters relating to the adequacy and accuracy of such documents. All questions regarding the RFP are to be submitted using the Questions feature in the eBid System. Questions must be received at least seven (7) calendar days before the scheduled solicitation opening. No further questions will be accepted after this date. Oral and other interpretations or clarifications will be without legal effect. Addenda will be posted to the RFP solicitation in the eBid System, and it is the Proposer's responsibility to obtain all addenda before submitting a response to the solicitation. X. Addenda The issuance of a written addendum or posting of an answer in response to a question submitted using the Questions feature in the eBid System are the only official methods whereby interpretation, clarification, or additional information can be given. If any addendum is issued to this RFP, the addendum will be issued via the eBid System. It shall be the responsibility of each Proposer, prior to submitting its response, to contact the Purchasing Division of the General Services Department at (954) 786-4098 to determine if addendum was issued and to make such addendum a part of its proposal. Any Addendum will be posted to this RFP in the eBid System. 769 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 COMPLETE THE PROPOSER INFORMATION FORM ON THE ATTACHMENTS TAB IN THE EBID SYSTEM. PROPOSERS ARE TO COMPLETE THE FORM IN ITS ENTIRETY AND INCLUDE THE COMPLETED FORM IN YOUR PROPOSAL THAT MUST BE UPLOADED TO THE RESPONSE ATTACHMENTS TAB FOR THE RFP IN THE EBID SYSTEM. RFP PROPOSER INFORMATION PAGE (number) (RFP name) To: The City of Pompano Beach, Florida The below named company hereby agrees to furnish the proposed services under the terms stated subject to all instructions, terms, conditions, specifications, addenda, legal advertisement, and conditions contained in the RFP. I have read the RFP and all attachments, including the specifications, and fully understand what is required. By submitting this Proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this Proposal. Proposal submitted by: Name (printed) Company (Legal Registered) Federal Tax Identification Number Address City/State/Zip Telephone No. Email Address 19 Title Fax No. 770 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 RFP E-03-22 UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP ATTACHMENT "A" SPECIFICATIONS & REQUIREMENTS The table included in Attachment `B" provides information from each Participating Agency as regards the size, type and location of fuel storage tanks and their estimated monthly usage of the various fuels included in this Request for Proposals. 1. SPECIFICATIONS 1.1 Successful Proposer will sell to all participating agencies the following products (the "Products"): • "Ultra Low Sulfur diesel": No. 2 Ultra Low Sulfur, on -road, clear, taxable diesel fuel per ASTM D975 -08a specifications, or latest revision. • "Ethanol Gasoline": 10% Ethanol blended gasoline per ASTM D4814 -07b specifications, or latest revision. 1.2 Additional, Optional Fuel Products: • Midrange Unleaded Gasoline: Minimum Octane of 89.0 • Ultra Low Sulfur #2 Red Dye Diesel • "5% Biodiesel Fuel": Ultra Low Sulfur 5% Biodiesel blended fuel, on -road, clear, taxable diesel fuel. The 13100 will conform to ASTM D6751-08 or latest revision. • "20% Biodiesel Fuel": Ultra Low Sulfur 20% Biodiesel blended fuel, on -road, clear, taxable diesel fuel. The 13100 will conform to ASTM D6751-08 or latest revision. • E85 Fuel Ethanol: Shall conform to the chemical and physical standards for fuel Ethanol as set forth in the ASTM International Designation D5798-99,"Standard specification for fuel Ethanol (Ed 75-Ed85) for Automotive Spark -Ignition Engines". • Bulk Diesel Fuel Exhaust Fluid (DEF) 1.3 The products supplied as a result of this Request for Proposals must conform to the specifications of the State of Florida and comply with all Federal, State and local laws and regulations as applicable on date of delivery. Page 1 of 9 771 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA 2. PRICING METHODOLOGY: Exhibit A - RFP E-03-22 2.1 Prices proposed are to be F.O.B. delivered expressed as a positive or negative differential from the applicable daily OPIS price published in the "OPIS Contract Benchmark File" as described herein for the date of delivery of product to the Participating Agency and are exclusive of all Federal, State and County Excise taxes and fees. Any other applicable taxes and fees shall be added at the time of invoicing. See Paragraph 3, TAXES . Item Description Transport Delivery Tankwagon Delivery No. Differential Proposed Differential Proposed (+)/(-) H (-) per gallon* per gallon* 1 87 Octane Unleaded $ $ 2 Diesel Fuel #2 Ultra $ $ Low Sulfur 3 Lump Sum $ /each $ /each Additional Delivery Charge for Deliveries beyond 30 -mile radius of Port Everglades only. * Calculate differential proposed to fourth decimal point. Differential proposed to remain firm during initial contract period and any renewal period, except as provided below. Note: If your proposal is contingent on your firm being awarded a contract for all products and all delivery methods, Proposer must indicate this condition in the proposal response. 2.2 Pricing of Unleaded 87 Octane Gasoline is to be proposed using the following methodology: Daily Published OPIS Gross CBOB Ethanol 10% Unleaded Unbranded Rack Average Price (For the applicable Reid Vapor Pressure - RVP on the date of delivery of product at the rack). Plus Positive or Negative differential proposed for 87 Octane Unleaded per Section 2.1. (Differential to be constant regardless of the applicable RVP.) 2.3 Pricing of Ultra Low Sulfur Diesel #2 is to be proposed using the following methodology: Daily Published OPIS Gross Ultra Low Sulfur Distillate No. 2 Unbranded Rack Average prices. Plus Page 2 of 9 772 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 Positive or Negative differential proposed for Diesel Fuel #2 Ultra Low Sulfur per Section 2.1. 2.4 The price proposed with differential shall include the vendor's cost of product, vendor's profit, the cost of delivery within a 30 -mile radius of Port Everglades, and any and all other costs. A lump sum, additional delivery charge only applicable to deliveries beyond a thirty (30) mile radius of Port Everglades may be proposed on the pricing sheet. Within the thirty (30) mile radius of Port Everglades the proposed costs must include delivery regardless of the actual varying road miles required to be driven to make deliveries within that radius to each tank location. The firm markup or discount for Unleaded Gasoline or Diesel shall not change during the negotiated term of the contract, except for circumstances described under 3. PROPOSER'S COST INCREASES AND SURCHARGES. No other charges shall be added. Differential must be expressed in dollars and/or cents per gallon. 2.5 The selected proposer shall advise the Lead Agency of all available Federal or State credits and discounts available on all fuel types being purchased herein. The selected proposer shall apply all applicable credits and discounts to the price charged to the Co -Op and identify and reflect the discount on the applicable invoices. (Note: the applicable credits and discounts will be incorporated after award and shall not be reflected in the Price proposal Schedule.) 2.6 Alternative Fuels Considering the dynamic nature of fuel technology and the growing demand for alternative fuels, the Co -Op reserves the right to add any alternative fuel to the fuel types required. When such a need arises, the Co -Op shall contact the selected Proposer to determine if the selected proposer has the ability to provide or obtain the alternative fuel. The Co -Op shall provide the selected Proposer with information on the fuel type, the technical specifications of the fuel, the acceptable operating parameters, the estimated quantities, delivery requirements, and any other relevant information available. The selected proposer shall submit a written price offer for the supply of the alternative fuel for the Co-Op's review and approval. However, if the selected proposer is unable to supply the alternative fuel type, or the Co - Op does not accept the selected proposer's price offer, the Co -Op shall have the right to purchase the alternative fuel elsewhere. 2.7 Additional Fuel Products: Proposers may submit under a separate cover a price proposal on the following fuels. Proposers must outline the Pricing Methodology for each additional fuel product proposed. Item No. Description 1 Midrange Unleaded 89 Octane 2 Recreational Unleaded 90 Octane 3 Ultra Low Sulfur #2 Red Dye Diesel Page 3 of 9 773 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA 4 Biodiesel Fuel B5 5 Biodiesel Fuel B20 6 E85 Fuel Ethanol 7 Bulk Diesel Fuel Exhaust Fluid (DEF) 3. PROPOSER'S COST INCREASES AND SURCHARGES Exhibit A - RFP E-03-22 The City may, in its sole discretion, allow for a temporary surcharge to be added to the differential proposed. If the cost of labor or diesel fuel are affected by extreme or unforeseen volatility in the cost of labor or diesel fuel that satisfy all the following criteria: 1) the volatility is due to causes wholly beyond the successful Proposer's control; 2) the volatility affects the marketplace or industry, not just the particular successful Proposer's source of supply and/or labor; 3) the effect on pricing or availability of supply is substantial; and 4) the volatility so affects the successful Proposer's continued performance of the Contract would result in substantial loss. Any temporary surcharge would require irrefutable evidence and written approval by the City's Manager or their designee. The successful Proposer and City shall negotiate a time frame for the temporary surcharge, and reevaluate the need for said surcharge upon the end of the negotiated time frame. Should the unforeseen volatility end, and the costs to the successful Proposer are reduced and no longer result in substantial loss, the temporary surcharge must be terminated. If it is determined that the additional unforeseen costs will not abate for the remaining duration of the contract term, the parties reserve the right to negotiate an amendment to the resulting agreement and the proposed differential. 4. TAXES: 4.1 The agencies listed herein are counties, municipalities or subdivisions of the State of Florida and are exempt from Federal Gasoline and Diesel (excise) Road taxes and Florida Sales Tax. 4.2 Proposals will be considered only from Proposers who do not require the payment of these taxes. 5. SUBSTITUTE/ALTERNATE METHOD FOR PRICE ADJUSTMENT: 5.1 The City reserves the right, based on mutual agreement with the successful proposer, to substitute an alternate method for price adjustment for a specified, negotiated period of time if: A. An interruption in the OPIS Index is experienced beyond existing scheduled holidays (Independence Day, Christmas, etc.), or Page 4 of 9 774 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 B. The listing of prices for the OPIS Index are interrupted or modified to a degree which would require alteration of the computation formula to determine a fair price, or C. The use of the OPIS Index prices becomes non -representative of the market. D. The Successful Proposer provides clear and convincing proof that market conditions unrelated to the OPIS Index have been materially altered from those that existed at the time of award or renewal of contract. Such proof may consist of contracts with suppliers, invoices or published indexes, etc. 5.2 The City may, if deemed to be in the City's best interest, elect to modify the pricing methodology in the situations listed above in the following manner using any nationally recognized, published benchmark or index. The firm markup or discount will include the vendor's cost of product, profit, delivery costs and any other costs. The firm markup or discount for Unleaded Gasoline or Diesel shall not change during the negotiated term of the contract amendment, except for circumstances described under 3. PROPOSER'S COST INCREASES AND SURCHARGES. No other charges shall be added. 5.3 If it is determined by the City to be in its best interest to substitute an alternate method for price adjustment as specified above, the contractor(s) will be notified thirty (30) days prior to the effective date for the alternate adjustment. If an alternate price adjustment method is not acceptable to all awarded contractor(s), the City may cancel this contract in whole or in part by giving the contractor(s) ninety (90) days prior written notice. 6. INVOICING 6.1 All invoices shall be provided to each participating agency via an electronic method within twenty-four (24) hours of date of delivery of product. Each invoice shall reference the date of the applicable published OPIS price for that day with the appropriate differential as per the contract. Successful proposer shall list separately on invoice each individual non- exempt tax/fee and the amount of the differential. 7. ORDERING & PAYMENT: 7.1 Each participating governmental agency will, based on the award of contract made by the Lead Agency and with the same prices, terms, and conditions establish its own contract with the successful proposer(s) in a manner acceptable to the successful proposer; will issue its own purchase orders; will require separate billing and will issue its own tax exemption certificates as required by the successful proposer. 7.2 The City of Pompano Beach Purchasing Division will furnish a copy of proposers list and any other information submitted with the proposals to all participating agencies. Page 5 of 9 775 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 7.3 Payment will be made by each Participating Agency within fifteen (15) calendar days from delivery of product at Participating Agencies location via wire transfer to seller's account and bank, as indicated on the invoice. 7.4 It is understood and agreed that the City of Pompano Beach is not a legally bound party to any contractual agreement made between any other agency and the successful proposer as a result of this Request for Proposals. 7.5 After award of contract(s) to successful proposer(s) the City reserves the right to issue purchase orders in accordance with the terms of this contract. Reporting Requirements The selected Proposer shall submit to the Lead Agency a Fuel Purchasing Report on a monthly basis. The fuel Purchasing Report shall include fuel volume totals by fuel type for each participating agency. The report shall also include a "Grand Total" (year-to-date) fuel volume for all Participating Agencies for each fuel type. The required fields are the following: • Reporting Period (specify month) • Participating Agency • Delivery volume (do not round off reported volume amounts, allow volumes to be reported up to as many decimal places as needed). • Subtotal volume (per fuel type for each Participating Agency) • Cumulative Total Volume Year to Date (per fuel type for all Participating Agencies) • Note regarding fuel types: report must specify the ethanol and biodiesel blend being delivered. The Fuel Purchasing Report shall be sent in electronic format (Excel format preferred) via email to: purchasing@copbfl.com. 9. OPIS MEMBERSHIP Successful Proposer shall provide City either a subscription to the latest edition of the OPIS Publication PAD 1 report edition, or OPIS Invoice Checker or similar OPIS product that will allow the City to validate the Successful Proposer's pricing on an as needed basis. 10. DELIVERY REQUIREMENTS For the purposes of this section the term Carrier shall mean the Seller or an independent contractor hired by the Seller for the delivery of fuel to the Participating Agencies. 10.1 LEGAL REQUIREMENTS: A. Compliance with Laws and Codes: Federal, State, County, and local laws, ordinances, rules and regulations that in any manner, affect the terms covered herein apply. Lack of knowledge by Carrier shall in no way be a cause for relief from Page 6 of 9 776 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 responsibility. The Carrier shall strictly comply with Federal, State and Local building and safety codes. Equipment shall meet all State and Federal Safety Regulations. B. Independent Contractor Relationship: The Carrier is, and shall be, in the performance of all work, services, and activities under the Agreement, an Independent Contractor and not an employee, agent, or servant of any Participating Agency. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the Carrier's sole direction, supervision, and control. The Carrier shall exercise control over the means and manner in which it and its employees perform the work and in all respects the Carrier's relationship, and the relationship of its employees, to any Participating Agency shall be that of an independent contractor and not as employees or agents of any Participating Agency. C. Certifications, Licenses and Permits: Carrier shall provide a copy of all applicable Certificates of Competency issued by the State of Florida in the name of the Carrier. It shall also be the responsibility of the Carrier to submit prior to commencement of work a current Occupational License and all permits required to complete this contractual service at no additional cost. It is the responsibility of the Carrier to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the Agreement. 11. DELIVERY/RESPONSE TIME: A. Delivery shall be required within twenty-four (24) hours unless an alternate delivery date has been requested by the Participating Agency. B. Daily orders shall be placed by e-mail from a participating agency representative by 10:00 a.m., Monday through Friday. C. Deliveries shall be made within 24 hours of order placement unless the participating agency specifically requests otherwise as indicated on the order, in which case, requested delivery date and time shall become the required delivery time. D. Orders placed on Friday shall be delivered no later than 5:00 p.m. the following Monday, unless the participating agency specifically requests otherwise, in which case, requested delivery date and time, shall become the required delivery time. The participating agency shall not require the carrier to deliver on Sundays (except for declared emergency situations). E. A transport load shall be defined as no less than 7,500 gallons of Ethanol blended or regular gasoline or no less than 7,000 gallons of Ultra Low Sulfur Diesel or 5% biodiesel fuel or 20% biodiesel fuel. F. The Participating Agencies reserve the right to split any load between no more than two delivery sites for their agency. G. If the carrier is unable to meet the delivery requirements, it shall be the responsibility of the carrier to notify the participating agency within 2 hours of the delay occurring so that the participating agency can determine if it needs to transfer fuel between its sites to cover delay. Page 7 of 9 W&A DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 H. At time of delivery, carrier shall present a delivery ticket/bill of lading to a participating agency representative, or if requested, deliver document to a specified location. The delivery ticket/bill of lading shall include: • Bill of lading number. • Name of supplier and carrier. • Date and time of delivery. • Type of fuel delivered. • Gross gallons and net gallons delivered. • Inches in fuel tank, before and after delivery. • Driver's signature. • Signature of participating agency employee receiving delivery, unless otherwise indicated. • Delivery address. Carrier shall be adequately equipped, staffed, and supplied to, promptly, and efficiently, furnish, deliver, and dispense, all products that are submitted at various facilities. J. Carrier shall have the ability to fill above -ground tanks. K. Carrier shall be fully responsible for any and/or all actions of their employees that require clean up or ground sterilization as the result of an "improper" delivery. Carrier shall have and shall maintain those types and quantities of materials necessary to contain spilled product(s). Carrier shall be responsible for prompt and thorough cleanup of all spillage, as per EPA specifications, and for any agency fines or fees that result from contamination. L. Discovery or occurrence of a spill, on overfill, excess water in the tank, suspected contamination of surrounding area, suspected tank failure, or any other indication of chemical release shall be immediately reported by the Carrier to the participating agency. Where the event is directly or indirectly the result of carrier's actions, the carrier shall also affect containment and initiate cleanup immediately. M. All transport truck deliveries will be temperature adjusted to 60 degrees F in accordance with the latest edition of the American Society for Testing and Materials (ASTM) Table 613, Volume II, Petroleum Measurement Tables. Delivery tickets and invoices shall reflect the net gallons delivered after temperature compensation. N. Any Tankwagon deliveries will be metered in gross gallons and invoiced in gross gallons. O. Agencies will accept fuel from trucks with sealed State approved and inspected meters. Trucks that have State of Florida Department of Agriculture and Consumer Services sealed, calibrated and certified compartment tank volume markers for the petroleum product being delivered, are also acceptable. 12. SPILLAGE: Page 8 of 9 778 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 The Contractor and/or his subcontractors making deliveries shall be fully responsible for any errors or mistakes that require clean up or ground sterilization. Contractor will be responsible for prompt and thorough cleanup of all spillage per EPA specifications and for any agencies fines or fees for any contamination that result from improper delivery of fuel. 11. PRIORITY DELIVERIES: Preference of deliveries shall be given to agencies providing emergency relief and response services and members of the co-op who are participating in this contract, in case of declared emergencies or natural disasters. Proposers shall attach an emergency plan that assures continued deliveries of these products in case of emergencies and/or when additional quantities may be required. 12. WORK SITE SAFETY/SECURITY: The carrier shall at all times guard against damage or loss to the delivery site property, the Carrier's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the Carrier shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and ensure the delivery site(s) and insure that all county, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, carrier shall provide for the prompt removal of all debris from delivery sites. All participating agencies may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the Carrier or its agents. 13. ADDITION OF DELIVERY SITES: Each Participating Agency shall be able to add delivery sites to the attached list, with 7 days notice to the seller. 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BID/RFP No. RFP E-13-17 Description/Title: UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP Initial Contract Term: Start Date: March 15, 2017 End Date: March 14, 2020 Renewal Terms of the Contract: 1 Renewal Options for 2 years (No. of Renewals) (Period of Time) Renewal No. 1 Start Date: March 15, 2020 End Date: March 14,2022 Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: SECTION #1 VENDOR AWARD Vendor Name: Port Consolidated Inc. Vendor Address: 3141 Se 14th Ave. Contact: Don Carlton, President Phone: 800-683-5823 Fax: 954-527-1191 Cell/Pager: Email Address: cspev@portconsolidated.com; Website: FEIN: 59-1173292 SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: March 15,2017 Resolution/Agenda Item No.: Insurance Required: Yes X No Performance Bond Required: Yes No SECTION #3 LEAD AGENCY Agency Name: City Of Pompano Beach Agency Address: 100 W Atlantic Blvd, Pompano Beach, FL 33060 Agency Contact: Antonio Pucci Email antonio.pucci@copbfl.com Telephone: 954-786-5504 Fax: 803 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A - RFP E-03-22 ORDINANCE NO. 2017- 3 2 CITY OF POMPANO BEACH Broward County, Florida AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF POMPANO BEACH AND PORT CONSOLIDATED, INC. FOR THE PURCHASE OF UNLEADED GASOLINE AND DIESEL FUEL, WITH THE CITY OF POMPANO ACTING AS THE LEAD AGENCY FOR THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Pompano Beach, acting as lead agency for the Southeast Florida Governmental Purchasing Cooperative Group, enters into a contract with Port Consolidated, Inc. for the purchase of unleaded gasoline and diesel fuel, in accordance with the pricing, terms and conditions of RFP E-13-17; and WHEREAS, pursuant to law, ten (10) days' notice has been given by publication in a paper of general circulation in the City, notifying the public of this proposed ordinance and of a public hearing in the City Commission Chambers of the City of Pompano Beach; and WHEREAS, a public hearing before the City Commission was held pursuant to the published notice described above, at which hearing the parties in interest and all other citizens so desiring had an opportunity to be and were, in fact, heard; now, therefore, BE IT ENACTED BY THE CITY OF POMPANO BEACH, FLORIDA: SECTION T. The above referenced "Whereas" clauses are true and correct and made a part, hereof. 804 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A - RFP E-03-22 SECTION 2. That the proper City officials are hereby authorized to execute said Agreement with Port Consolidated, Inc. pursuant to RFP E-1.3-17. SECTION 3. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 4. This Ordinance shall become effective upon passage. PASSED FIRST READING this 28th day of February I _, 2017. PASSED SECOND READING this — ----------- 4 ----------- day of March 2017. Z!LA FIS�? �,A�YOK�� ATTEST. - .44, ASCELETA HAMMOND, CITY CLERK /j rm 2/16/17 L:ord/2017-132 19 805 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5Dl3-90853D1 ED8AA rHis GREEMENT is made and entered into this krc 2017, by the CITY OF POMPANO BEACH, Exhibit A - RFP E-03-22 4-4 day of hereinafter referred to as City' and PORT C NSOLIDAJED, I C., a Florida corporation, hereinafter referred to as "Contractor," WHEREAS, City requires services which Contractor is capable of providing, under the terms and conditions hereinafter described or referenced-, and I WHEREAS, Contractor is able and prepared to provide such services as (lily does hereinafter require, under those terms and conditions set forth; and WHEREAS, the City of Pompano Beach is acting as lead agency for the Southeast Florida Governmental Purchasing Cooperative Group, and the City enters into a contract with Port Consolidated, Inc, for the purchase of unleaded gasoline and diesel fuel, in accordance with the pricing, terms and conditions of RFP E-13-17; and WHEREAS, Contractor agrees to provide all rnernbers of the Southeast Florida Governmental purchasing Cooperative Group with the same pricing as the City of Pompano Beach, NOW, THEREFORE, in consideration of those mutual promises and the teens and conditions set forth hereafter, the parties agree as follows: 1. Conti -act Documents, The Contract DOCUITIerItS consist of this Agreement; Exhibit "A" — RFP E-13-17; Exhibit "B" — Proposal of Port Consolidated, Inc.; Exhibit "C" --- Rate Schedule; and all written change orders and modifications issued after execution Of this Agreement, These form the Contract and all are as fully a part of the Contract as if attached to this Agreetnent or repeated herein. L i ij), qsq. City hereby contractsh C with to provide for the purchase of unleaded gasoline and diesel fuel upon the terms and conditions herein set forth and the Contract Docuirients, 3, S(LQpg,of Work,. Contractor will provide the services to be rendered as set forth in Exhibit "A" (RFP E-13-17 , attached hereto and by reference incorporated herein and made a pail hereof. Contractor agrees to provide all members of the Southeast Florida (lovernmental Purchasing Cooperative Group, as listed in Attachment "B" of RFP E-13-17, ("Participating Agencies"), and as may be added during the period of this A greernent, with the same pricing as the City of Pompano Beach, 4. Term of Contract. This Contract shall be for a term of three (3) years or less beginning with the date this Contract is fully executed by both parties. =M - DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A - RFP E-03-22 5. Renewal. In the event City determines the Conti -actor to be in full compliance with this contract and Contractor's performance to be satisfactory, then City, with City Commission approval, shall have the option to renew this contract for an additional period of two (2) years upon the written consent of both the City and the Contractor, and provided that City will provide notification within sixty (60) days of termination date of its intention. 6. Maximum Obligation. City agrees to pay Contractor in consideration for its products and services described herein. It is the intention of the parties hereby to insure that unless otherwise directed by the City in writing, Conti -actor will continue to provide services as specified in Exhibit "A" for the term of the contract. City shall be responsible only for payment for products and services provided to City and not for purchases from Conti -actor by Participating Agencies. 7. Price Formula. City agrees to pay Contractor for performance of the services set forth in this Agreement as set forth in the Rate Schedule attached hereto as Exhibit "C" and incorporated herein. 8. Invoices. Contractor shall submit the invoices to City and Participating Agencies for their agency's purchases only, and payments made in the manner provided in Paragraph U. I I of RFP E- 13 -17. All payments by the City and Participating Agencies, shall be made after the service has been provided. 9. Disputes. A. Any factual disputes between City and the Contractor in regard to this Agreement shall be directed to the City Manager for the City, and such decision shall be final. B. Any action brought against either party to enforce this Agreement will be brought in Broward County, Florida. 10. C ornmun icat ions. All notices hereunder and communications with respect to this Agreement shall be effective upon the mailing thereof to the persons named below. If to Contractor: Port Consolidated, Inc. Donald R. Carlton, Jr., President P. 0. Box 350430 Fort Lauderdale, Florida 33335 If to City: City of Pompano Beach City Manager P. 0, Box 1300 Pompano Beach, Florida 33060 11. Information and Documents. All information, data, reports, as are existing, if any, and necessary for carrying out the work as outlined in Exhibit "A" hereof, shall be furnished to Contractor without charge by City, and City shall cooperate in the carrying out of the work without undue delay. Service Conti -act Page 2 of 7 807 DocuSign Envelope ID: C327FODO-D8DF-4343-B5Dl3-90853D1 ED8AA 13-17. Exhibit A - RFP E-03-22 12. Termination. This Agreement may be terminated pursuant to Paragraph Q of RFP E- 13. Force Majeure. Contractor shall not be held responsible for losses, delays, failure to perform or excess costs caused by events beyond the control of the Conti -actor. Such events may include, but are not restricted to the following: Acts of God; fire, epidemics, earthquake, flood or other natural disaster; acts of the government; riots, strikes, war or civil disorder; unavailability of fuel. 14. Insurance. Throughout the term of this Agreement, Contractor shall procure and maintain liability insurance in the type and amounts set forth in RFP E-13-17 attached hereto. Such insurance shall specify that it is issued on an "occurrence" basis. Contractor shall name City as additional insured on said policies and shall provide evidence of such insurance. Such policies shall provide that they may not be canceled without at least thirty (30) days' notice to City. 15. Indemnity. The Contractor shall defend, indemnify and hold the City, all Participating Agencies in the Purchasing Cooperative Group, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. The parties agree that one percent (1%) of the total compensation paid to Conti -actor for the work of the contract shall constitute specific consideration to Contractor for the indemnification to be provided under the contract. Nothing in this Agreement shall be construed to affect in any way the rights, privileges and immunities of the City and agencies, as set forth in Section 768.28, Florida Statutes. 16. Assignment. Contractor shall not assign all or any portion of this Agreement without the prior written consent of the City, and it is agreed that said consent must be sought in writing by Contractor not less than fifteen (1 S) days prior to the date of any proposed assignment. 17, Performance Under Law. The Contractor, in the performance of duties under the Agreement, agrees to comply with all applicable local, state and/or federal laws and ordinances including, but not limited to, standards of licensing, conduct of business and those relating to criminal activity. 18. Audit and Inspection Records. The Conti -actor shall permit the authorized representatives of the City to inspect and audit all data and records of the Contractor, if any, relating to performance under the contract until the expiration of three years after final payment under this contract. The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that City or any of their duly authorized representatives shall, until the expiration of three years after final payment under the subcontractor, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions related to the subcontractor. 19. Adherence to Law. Both parties shall adhere to all applicable laws governing their relationship with their employees including, but not limited to, laws, rules, regulations and policies Service Contract Page 3 of 7 DocuSign Envelope ID: C327FODO-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit A - RFP E-03-22 concerning worker's compensation, unemployment compensation and minimum wage requirements. 20. Independent Contractor. The Conti -actor shall be deemed an independent Contractor for all purposes, and the employees of the Contractor or any of its contractors, subcontractors and the employees thereof, shall not in any manner be deemed to be employees of City. As such, the employees of the Contractor, its Contractors or subcontractors, shall not be subject to any withholding for tax, social security or other purposes by City, nor shall such Contractor, subcontractor or employee be entitled to sick leave, pension benefits, vacation, medical benefits, life insurance, workers or unemployment compensation or the like from City. 21. Orderin), and Payment. It is understood and agreed that the City of Pompano Beach is not a legally bound party to any contractual agreement made between any other agency and the Contractor as a result of this Agreement or purchases made between other agencies. After award of contract to Contractor, the City reserves the right to issue purchase orders in accordance with the terms of this contract. 22. Mutual cooperation. The Conti -actor recognizes that the performance of this contract is essential to the provision of vital public services and the accomplishment of' the stated goals and mission of City. Therefore, the Conti -actor shall be responsible to maintain a cooperative and good faith attitude in all relations with City and shall actively foster a public image of mutual benefit to both parties. The Contractor shall not make any statements or take any actions detrimental to this effort, 23. Public Records. A. The City of Pompano Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law, as amended. Specifically, the Contractor shall: Keep and maintain public records required by the City in order to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt fi-orn public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps Service Contract Page 4 of 7 809 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit A - RFP E-03-22 and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically 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. B. Failure of the Contractor to provide the above described public records to the City within a reasonable time may subject Contractor to penalties under 119.10, Florida Statutes, as amended. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF C14APTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 100 W. Atlantic Blvd., Suite 253 Pompano Beach, Florida 33060 (954) 786-4611 RecordsCustodianna,copbfl.com 24. Governing Law. This Agreement has been and shall be construed as having been made and delivered within the State or Florida, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Florida, both as to interpretation and performance. Any action at law, or in equity, shall be instituted and maintained only in courts of competent jurisdiction in Broward County, Florida. 25. Waiver. Any waiver of any breach of the covenants herein contained to be performed by Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the City from declaring a forfeiture for any succeeding breach either of the same condition or covenant or otherwise. 26. Entire Agreement. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 27. Headini4s. The headings or titles to sections of this Agreement are not part of the Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. Service Contract Page 5 of 7 810 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit A - RFP E-03-22 28, 'Se " verability. Should any provision of this Agreement or the applications of such provisions be rendered or declared invalid by a court action or by reason of ally existing or subsequently enacted legislation, the remaining parts of provisions of this Agreement shall remain in full force and effect, The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials, if any, and to do and cause to (to and be done the above- described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. The Contractor for himself and for his heirs, executors, administrators, successors and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. It is further provided that no liability shall be attached to the City by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year hereinabove written. witnesse": CITY OF I"OMPANO 1ACII . ..... By' By:_ C., Attest: .. . . .......... . ASCELETA HAMMOND, CITY CLERK AP PROVED AS -1-0 F50 '0 -A ,Y BER RNEY M Z � � PBZ CHYVATTO NE Service Contract FIER. MAYOR SON, CITY MANAGER (SEAL) Page 6 of 7 811 DocuSign Envelope ID: C327FODO-D8DF-4343-B5D[3-90853D1 ED8AA Exhibit A - RFP E-03-22 STATE OFFT.0RI[)A COUNTY 01"BROWARD Thr, foregoing instrument was acknowledge(i before me this (lay of 2017, by LAMAR FISHER as Mayor, GREGORY P. HARRISON as City Manager, and ASCELETA IIAMMONI) as Cil:y Clerk of the City of f'omparncr Beach, Florida,a nnimicipal Corporation, on behalf of the 111111licipal Corporation, who, is personally known to me. —1 NOTARY'S SEAL.: NOTARY PUBLIC, ST OF FLORWA A re (Name of'AQkwYw1edgerTyped, Printed or Stamped) KERVIN A:LFRED Rotary Public - Stott of Florida B Commission 0 Go 000240 My Comm, Expires Sep ]21, 2020 troat Nolxr�2 4$36� BoridedthrougONstiortatNolmyAsm. "CONTRACTOR" Witnesses: (1) t orType anle) (Print or -Type Narne) STATE 01' FLOIZ I DA COUNTY OF WWWARI) PORT CONSOLIDATED, INC. as I By Pr Ti -1orida e )oratimi 17) mm itit Name:,,, 4, �,tA'11111 Busitiess Licetise No. .... ____ -_-_2.. . _t The f`6r( woing instrument was acknowle!!jjwd beftwe me this 9 as 4-- of, by PORTCONSOLIDATEI), INC., a Florida corporation on b, e- c o a t -io, —n. —1 -h e i s k now to me or who has produced (type of identification) as identification. NOTARY'S SEAL BRENDA J, AYERS _-',1%. Notary Public State of Flofida Commission or FF: 921W My Comm. Expires Oct 9, 2019 BoWed thr(Ao National Notary Assn 2/21/17 kagr/j,;,eni srv.q/2017--382 mom= NOTARY PUIHAC, STATE 01LO ... ............. (Name of" AcknowledgerTyped,ilrin Aotliarnped) — — --- _-- - - - Conmiksion Number flage 7 of 7 812 • mom= NOTARY PUIHAC, STATE 01LO ... ............. (Name of" AcknowledgerTyped,ilrin Aotliarnped) — — --- _-- - - - Conmiksion Number flage 7 of 7 812 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 beacli..,.. Florida's Warmest Welcome CITY OF POMPANO BEACH REQUEST FOR PROPOSALS E-13-17 UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP RFP OPENING: January 20, 2017 2:00 P.M. PURCHASING OFFICE 1190 N.E. 3RD AVENUE, BUILDING C (Front) POMPANO BEACH, FLORIDA 33060 813 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Exhibit A - RFP E-03-22 SO[TH[AS]FWRIUA GOVERNMENTAL PURCHASING COOPERATIVE TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avOidancesb} all entities by utilizing the buying power Cfcombined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: ^ All questions CVncenmiOQ this procurement should be addressed to the issuing agency, hereinafter referred tDasthe "lead a0enc»". All responses are tobereturned inaccordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced inthis award must b8brought b}the attention ofthe lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment tOthe [|ontngCtVr(m) awarded this contract, and issue its own tax exemption certificates aSrequired bythe Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall he responsible for advising the lead agency of those participants who fail to place orders as a result ufthis award during the contract period. * The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract nunnber(n), contractor's name, the total of each commodity sold during the reporting period and the total dV||or amount nfpurchases bycommodity. ^ Municipalities and other governmental entities, which are not members of the Southeast Florida Governmental Purchasinq Cooperative, are strictly prohibited from utilizing anV contract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new uooge, during the contract term, or in any contract extension term, if approved by the lead 2 814 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Exhibit A - RFP E-03-22 agency. New Southeast Florida Governmental Purchasing Cooperative nDamhens may participate iOany contract onacceptance and approval bvthe lead agency. * None of the participating governmental entities shall be deemed or construed to be a party to any oODtnao1 executed by and between any other governmental 8nUb/ and the Contractor(s) as 8 result of this procurement action, U. "WORKING TOGETHER T0REDUCE COSTS" 815 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* REQUEST FOR PROPOSALS E-13-17 UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP Exhibit A - RFP E-03-22 December 2O`2O1O The City nfPompano BoaCh, hereinafter referred b} as CITY, is seeking proposals from qualified Onns to provide unleaded gasoline and diesel fuel to participating members of the Southeast Florida Governmental Purchasing Cooperative Group. The City will receive sealed proposals until Proposals must be submitted electronically through the eBid System on orbefore the due date/time stated above. Any proposal received after the due date and time specified, will not be considered. Any uncertainty regarding the time aproposal isreceived will beresolved against the Proposer. Proposer must be registered on the CUvg eBW System in order to view the solicitation documents and respond to this solicitation. The complete solicitation document can be downloaded for free from the eBid Sygbanl as a odf at: . The City is not responsible for the accuracy or completeness of any documentation the Proposer receives from any source other than from the eBid System. Proposer is solely responsible for downloading all required documents. Responses will be electronically unsealed in a public forum and read aloud. Introduction The intent of this solicitation is to establish an annual, open-end contract for the purchase of unleaded gasoline and diesel fuel, 8sand when needed. The City ks acting as the lead agency for the Southeast Florida Governmental Purchasing Cn0penaUve, and this solicitation includes the requirements of both the City and the participating agencies named herein. Any reference to asingle agency Drlocation will in fact, be understood as referring b}all participating agencies referenced inthe documents unless specifically noted otherwise. 1. Contract for diesel and unleaded gasoline products with suppliers that have access to volumes of substantial petroleum oroducts at Port Evenglades either via contractual allocations or direct ownership, and have proven stable business operohone, including provisions for delivery capabilities, business continuity and supply tnthe participating agencies inemergency situations. 2. Obtain the fuels at competitive market rates. B. Scope Of Services Attachment "N'— Specifications and Requirements 11 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Exhibit A - RFP E-03-22 Attachment "B" — Locations of Participating Agencies fuel locations and Contact personnel. C. 'Participatina Agencies Agency Narne Address Contact Person Phone 11 I Broward County I University Drive Alfted Clauson 954 357-6477 Plantation, FL 33301 2 Boca Raton, City of 201 W. Palmetto Park Rd. Lynne Piper 561393-7978 Boca Raton, FL 33432 3 Coconut Creek, City of 1 4900 W Coparis Rd Lorie Messer 954 956-1584 Coconut Creek, FL 33063 4 1 Cooper City, City of 9090 SW 50 Place Kerri-Anne Fisher 954 434-4300 Cooper City, FL 33328 x268 5 Coral Springs, City of 4181 NW 121 Ave Alan DiStefano 954 345-2235 Coral Springs, FL 33065 6 Dania Beach, City of 100 W Dania Beach Blvd Ronnie Navarro 954 924-6808 Dania Beach, FL 33004 7 1 Davie, Town of 6591 Orange Dr Davie, FL 33314 Brian O'Connor 954 797-1016 8 Deerfield Beach, City 401 SW 411, St. Ivelsa Guzman 954 480-4496 of Deerfield Beach, FL 33441 9 Ft. Lauderdale, City of 1 100 N Andrews Ave. Sandy Leonard 954 828-5781 Ft. Lauderdale, FL 33301 10 Green Acres, FL 5800 Melaleuca Lane Monica Powery 561 642-2089 Green Acres, FL 33463 11 Hallandale Beach, City 400 S Federal Highway Andrea Lues 954 457-1332 of Hallandale Beach, FL 33009 12 Hillsborough Beach, 1210 Hillsboro Mile Jim Pugliesc 954-427-6600 Townof Hillsbol-OUgh Beach, FL 33062 13 Hollywood, City of 2600 Hollywood Blvd. Paul Bassar 954 921-3552 Hollywood, FL 33020 14 Lauderdale Lakes, City 3463 NW 43 Ave. Robin Soodeen 954 535-2758 of Lauderdale Lakes, FL 33319 15 Lauderhill, City of 1919 NW 55"' Ave. Manny Cerezo 954 790-2966 Lauderhill, FL 33319 16 Lighthouse Point, City 4730 NE 21 st Terrace Charles Schramm 954 946-7386 of Lighthouse Point, FL 33064 17 Mai -gate, City of 5790 Margate Blvd Spencer Shambray 954 935-5341 Mai -gate, FL 33063 444 SW 2111 Ave, 61" FIr. 18 Miami, City of Miami, FL 33130 Eduardo Falcon 305 416-1901 19 Mianni Gardens, City of 18605 NW 27 Ave. Tom RUiZ 305 622-8000 Miarni Gardens, FL 33055 817 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit A - RFP E-03-22 20 Miramar, City of 13900 Pembroke Rd. Alicia AYUM 954 602-3121 Miramar, FL 33027 21 N Miami, City of 776 NE 125 St. Alberto Destrade 305 895-9886 N Miami, FL 33161 22 N Miami Beach, City 2101 NE 159th Street, Joel Wasserman 305 948-2946 of N Miami Beach, FL 33162 23 North Palm Beach, 645 Prosperity Farms Road Susanne 561 841-3375 Village of N. Palm Beach, FL 33408 Hachigian 24 Palm Beach, Town of 951 Old Okeechobee Rd. Adis Pedraza 561 227-7000 West Palm Beach, FL 33401 25 Palm Springs, Village 226 Cypress Lane Ken Dye 561 965-5770 Of Palm Springs, FL 33461 26 Pembroke Park, Town 3150 SW 52"1 Ave. Todd Larson 954 966-4600 of Pembroke Park, FL 33023 Ext. 238 27 Pembroke Pines, City 13975 Pembroke Rd Mark Gomes 954 518-9020 of Pembroke Pines, FL 33027 28 Plantation, City of 400 NW 73rd Avenue Charles Spencer 954 797-2647 Plantation, FL 33317 29 Pompano Beach, City 1190 NE 3` Ave, Bldg C Jeff English 954 786-4098 of Pompano Beach, FL 33060 30 Riviera Beach, City of 2051 MLK Blvd. Ste. 310 Rebecca Reed 561 882-1809 1 Riviera Beach, FL 33404 31 School Board, Broward 7720 W Oakland Park Blvd. Al Shelton 754 321-0520 Cty #323, Sunrise, FL 33351 32 School District, Palm 3300 Forest Ifills Blvd. Morris Simpson 561 434-8172 Beach County West Palm Beach, FL 33406 33 Sheriffs Office, 2601 West Broward Blvd Rick Torres 954 831-8170 Broward County Ft Lauderdale, FL 33312 34 j Southwest Ranches, 13400 Griffin Road Sandy Luongo 954 343-7476 Town of Southwest Ranches, FL 33330 35 Sunrise, City of 10770 Oakland Pk Blvd, 3rd Fir Wendy Lorenzo 954 572-2485 Sunrise, FL 33351 36 Tamarac, City of 7525 N.W. 88" Ave. Keith Glatz 954 597-3567 Tamarac, FL 33321 37 West Palm Beach, 401 Clematis Street Nate Rubel 561 822-2109 City of W Palm Beach, FL 33401 38 Weston, City of 2599 S Post Road Karl Thompson 954 385-2600 Weston, FL 33327 39 Wilton Manors, City of` 524 NE 21 Ct. Wilton Manors, FL David Archacki 954 390-2190 AM oo"u3ignEnvelope |o:oazrp000+DouF-Exhibit ' 4 RFP E-03-22 C. Term of Contract The initial contract period shall beone year, commencing upon award by the appropriate City officials. The City reserves the right to renew this agreement for four N\additional one-year periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be\nthe best interest Cfthe City. All terms, prices and conditions shall remain firm for the initial period of the contract, and any renewal period. Renewals may beapproved and executed bythe City Manager Ortheir designee. The City may require additions Vrdeletions of participating agencies. This may entail additional agencies and locations, and/or deletion of previousparticipating agencies. The Contractor shall serve all required additions or deletions, as requested by the City, according tothe terms and conditions Ofthe solicitation. In the eventde| is scheduled toend because of the expirationOfthis contract, the Contractor shall continue to deliver/service upon the request of the General Services Director. The extension period shall not extend for more than ninety (SU)days beyond the expiration date Vfthe existing contract. The Contractor shall be compensated for the product/service atthe rate ineffect when this extension clause (s invoked bythe City. E. Required Proposal Submittal Submission/Format Requirements Sealed proposals shall besubmitted electronically through the eBid System VnOrbefore the due date/time stated above. Proposer shall upload response as one (1) file h}the eBid System. The 0e size for uploads is limited to 100 MB. If the fi|* size exceeds 100 MBthe response must besplit and uploaded aatwo (2)separate files. Information to be included in the proposal: In order to maintain oon)panab\\dv and expedite the review process, it is required that proposals be organized in the manner specified below, with the sections clearly labeled: 1. Cover letter: A cover letter signed byonauthorized representative of the firm. The letter should present on overview of the r'a organization and will include the 5rnl name, address, principal contact person for this propoo3|, e-mail oddrnum, phone numnbnr, and fax number. A brief description of the firm's history and corporate affiliations. 2. Qualifications, capabilities, and experience: Qualifications and specialized experience of proposer for providing the type of products described in the Specifications and Requirements (Attachment "A") of this RFP. o. State prVnoser'acapability Uo provide these types of products on a local (Port Everglades) and regional/national level. IF] 819 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A - RFP E-03-22 b. List of representative current customers comparable in size and scope to this RFP for which the Proposer is providing petroleum products. The list should include the name and address of each client's contact person, telephone and fax numbers, e-mail address and a general description of the existing business relationship. 3. Personnel: Identify the proposed contact persons and telephone numbers for ordering services, for invoicing questions, and other key (customer service) personnel that will be assigned to this account. 4. Address how Proposer will ensure its contractual obligation to the Co -Op. Include any contractual obligations to supply fuel to other entities that could affect the Co-Op's supply of fuel. If Proposer is a fuel distributor (not a fuel terminal operator) also provide proof of monthly fuel sale volumes, including copies of any Letter of Intent or contractual agreements with terminal operators. 5. Obligations of the participating agencies: Describe the requirements (operational, legal, agreements, insurance, etc.) for the sale and delivery of petroleum products. Copies of any and all required terms and conditions, agreements, notices, or procedural descriptions should be attached to the proposal response. Proposers should describe in detail any product volume purchase requirements which would be required of each Participating agency on a monthly basis. 6. Contingency plan of action. Firms should describe a plan of action to assure product availability (including requirements for additional products before and after an emergency situation), and avoid disruption of supply during any emergency situation (e.g. hurricanes). Describe your storage and distribution logistics plan to include but not be limited to: ownership or control of storage facilities in the Tri -County area, agreements or partnerships with fuel transportation providers to supplement existing delivery capabilities, redundant communication capabilities, and emergency power generation. Availability of fuels at other terminals on a regional basis should also be described in this plan of action submittal. 7. Price Proposal: Submit your firm, fixed price proposal for providing all services, materials, etc. required for sale of petroleum products as outlined on Attachment A -item 2 "pricing methodology" with the proposal response. 8. Alternate Proposals: a. An option is afforded to all proposers to submit, in addition to their original proposal, an alternate proposal, which excludes the provision of transportation services for the petroleum products, included in this RFP. Transportation services would be the responsibility of that participating agency, typically with vehicles owned and operated by the agency. Proposers wishing to submit on this basis should clearly indicate in the alternative proposal response the discount from the differential provided in the pricing pages and any requirements to be met by the participating agency, such as insurance provisions to be supplied and certifications for vehicles and operators. 820 oo"u3ignEnvelope |o:oazrp000+DouF-4n4n'enooExhibit ' 4 RFP E-03-22 b. For the potential use of some participating agencies, the opportunity is afforded to all proposers to provide the option to pre -arrange purchase of fixed volume(s) Vfp[oducKo\ at fixed price from time totime thereby assuring: i. Product availability Vf fixed vo|ume/s\on o ratable basis over defined period of time, presumable in monthly increments. ii. Established pre -agreed fixed pricing point(s) for product(s) during that established period of time, regardless of market conditions. Proposers wishing to provide an alternate proposal on o fixed volume/fixed pho8 basis should provide rnininnunn and, if applicable, m0exnnunn monthly volumes applicable or percentage of agency estimated ratable demand that could be contracted for on this basis. If avaUab|e, provide a copy ofstandard terms and conditions that would generally apply tosuch otransaction. 9. Addenda, Additional Information: Any addenda or answers b)written questions supplied by the City to potential proposers become part ofthis Request for Proposal and any resulting contract. The proposal form should be signed by an authorized company representative, dated and returned with the proposal. 10. Contract with Participating Agencies: No n8gnUaUnns, decisions or action shall be initiated or executed bvthe Offeror as a result ofany discussions with any participating agency orrepresentative Of those agencies. Only those communications, which are in writing from the Purchasing Agent, or other designee, of the City of Pompano Beach may be considered as m duly authorized expression. Also, only communications from Offerors that are signed and in writing will be recognized by the Qb/ as duly authorized expressions 0nbehalf ofthe Offeror. Litigation: -- Disclose any litigation within the past five (5) years arising out your firm's performance. City Forms: The RFP Proposer Information Page Form and any other required forms must be completed and submitted electronically through the Cit/SeBid System. F. insurance The insurance described herein reflects the insurance requirements deemed necessary for this contract bvthe City. |tkynot necessary tVhave this level ofinsurance |neffect sd the time of submittal, but certificates indicating that the insurance is Currently carried or e letter from the Carrier \nd\oed\ng upgrade ability will speed the review process to determine the most qualified Proposer. 9 821 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Exhibit A - RFP E-03-22 The successful Proposer(s) shall not commence operations until certification orproof nf innur8noe, detailing terms and provisions of coverage, has been received and approved by the City of Pompano Beach Risk Manager. If you are responding to 8 9O|ind8UOO and have questions regarding the inSU[aDo8 requirements hereunder, please contact the []b/e Purchasing Department 8i(054) 786- 4090. If the contract has already been avvanded, please direct any queries and proof of the requisite insurance coverage to Qty staff responsible for oversight of the subject project/contract. CONTRACTOR is responsible to deliver to the CITY for timely review and written approval/disapproval Certificates VfInsurance which evidence that all insurance required hereunder is infull force and effect and which name on 8 primary h3Sis. the CITY as an additional insured onall such coverage. Throughout the term of this Agreement, CITY, by and through its Risk Manager, reserve the right to review, modify, reject or Gooeod any insurance policies required by this Agreement, including Urndg, coverages or endorsements. CITY reserves the hght, but not the obligation, to review and reject any insurer providing coverage because ofpoor financial condition or failure to operate legally. Failure to maintain the required insurance shall be considered an event of default. The requirements herein, as well as CITY's review or acceptance of insurance maintained by CONTRACTOR, are not intended to and shall not in any way limit or qualify the liabilities and obligations assumed byCONTRACTOR under this Agreement. Throughout the b*mn of this Agreement, CONTRACTOR and all subcontractors or other agents hereunder, shall, at their sole expense' maintain in full force and effect, the following insurance coverages and limits described h8rein, including endorsements. Worker's Compensation Insurance covering all employees and providing benefits asrequired bvFlorida Statute, Chapter 44O.regardless ofthe size mfthe company (number ofemployees) orthe state inwhich the work is1ob8 performed orofthe state inwhich Contractor ieobligated topay compensation to employees engaged inthe performance ofthe work. Contractor further agrees to beresponsible for employment, control and conduct ofits employees and for any injury sustained by such employees in the course of their employment. 2. Liability Insurance a. Naming the City ofPompano Beach as anadditional insured as City's interests may appear, nnGeneral Liability Insurance only, relative to claims which arise from Contractor's negligent ootm or omissions in connection with Contractor's performance under this Agreement. b. Such Liability insurance shall include the following checked types of insurance and indicated minimum policy limits. 10 822 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Type of Insurance Limits of Liability GENERAL LIABILITY: Minimum $2,000,000 Per Occurrence and $2,000,000 Per Aggregate * Policy to be written on a claims incurred basis XX comprehensive form XX premises - operations explosion & collapse hazard underground hazard XX products/completed operations hazard XX contractual insurance XX broad form property damage XX independent contractors XX personal injury sexual abuse/molestation bodily injury and property damage bodily injury and property damage Exhibit A - RFP E-03-22 bodily injury and property damage combined bodily injury and property damage combined bodily injury and properly damage combined personal injury Minimum $1,000,000 Per Occurrence and Aggregate --------------------------------------------------------------------------------------------------------------------- AUTOMOBII,E LIABILITY: Minimum $1,000,000 Per Occurrence and $2,000,000 Per Aggregate. Bodily injury (each person) bodily injury (each accident), property damage, bodily injury and property damage combined. XX comprehensive form _ owned hired non -owned ---------------------------------------------------------------------------------------------------------------------- REAL & PERSONAI. PROPERTY comprehensive form Agent must show proof they have this coverage. ----------------------------------------------------------------------------------------------•----------------------- EXCESS IAABIIATY Per Occurrence Aggregate other than umbrella bodily injury and property damage combined ------------------------------------------------------------------- PROFESSIONAI, LIABILITY XX * Policy to be written on a claims made basis ------------------------------------------------------------- $1,000,000 $1,000,000 ---------------------------------- Per Occurrence Aggregate $2,000,000 $2,000,000 ----------------------•----------------------- c. If Professional Liability insurance is required, Contractor agrees the indemnification and hold harmless provisions of the Agreement shall 823 oo"u3ignEnvelope |o:oazrp000+DouF-4n4n'enooExhibit ' 4 RFP E-03-22 survive the termination Or expiration of the Agreement for o period of three (3) years unless terminated sooner by the applicable statute of 3. CONTRACTOR and all subcontractors shall, for the benefit Vftheir employees, prVvide, oorry, maintain and pay for Employer's Liability Insurance inthe minimum amount VfOne Hundred Thousand Dollars ($10U'OOO.U0)per employee, Five Hundred Thousand Dollars ($58O.0OU)per 4. Whenever, under the provisions Vfthis Agreement, insurance is required of the CONTRACTOR, the CONTRACTOR shall pnJ[nody provide the a. Certificates OfInsurance evidencing the required coverage; b. Names and addresses of companies providing coverage; Effective and expiration dates of policies; and d. A provision in all policies affording CITY thirty /3O\ days written notice by a carrier of any cancellation or material change in any policy. 5. Insurance Cancellation or Modification. Should any 0fthe required insurance policies be canceled before the expiration date, or modified or substantially modified, the issuing company shall provide thirty (30) days written notice to the 0. CONTRACTOR hereby waives any and all right0f subrogation against the CITY, its officers, employees and agents for each required policy. When required bythe insurer, Orshould apolicy condition not permit an insured to enter into a pre -loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against [)thers. Or its equivalent. This Waiver ofSubrogation requirement shall not apply to any policy which includes condition to the policy not specifically prohibiting such anendorsement, 0rvoids coverage should CONTRACTOR enter into such anagreement Onapre-loss basis. The successful proposer shall furnish b}the City the certification orproof ofinsurance required bvthe provisions set forth above, within ten (1U) days after notification Ofaward of contract. Cortihcate(y)tVbeissued toCity ofPompano Beach, Attention Risk Manager, 10OWest Atlantic Boulevard, Pompano Beach, Florida, 23U00. G. Selection/Evaluation Process ASelection/Evaluation Committee will beappointed 0uselect the most qualified firm(s). The Selection/Evaluation Committee will present their findings to the City Commission, Proposals will be evaluated using the following criteria. 12 824 oo"u3ignEnvelope |o:oazrp000+DouF-Exhibit ' 4 RFP E-03-22 Criteria Point Rancle 1. Firm Qualifications and Capabilities 0-40 (Factors including but not limited to the following) 0 Fuel supply delivery capability from Port Everglades * Contracting Terms and Conditions proposed 2. Emergency Supply Capabilities 0-20 (Factors including but not limited to the following) * Control of storage facilities in Tri -County area 0 Contingency plan of action 0 Availability of regional emergency storage 3. References 0-10 (Factors including but not limited to the following) * Years experience ~ Number ofLocations Tota 1 0-100 The Committee has the option to use the above criteria for the initial ranking to short-list Proposers and touse anordinal ranking system to score short-listed Proposers following presentations (if deemed necessary) with a score of "1" assigned to the short-listed Proposer deemed most qualified bythe Committee. Each firm should submit documentation that evidences the firm's capability to provide the services required for the Committee's review for short listing purposes. After an initial review of the Pn}pOso|S` the City may invite Proposers for an interview to discuss the pn}po6m| and meet firm representatives, particularly key personnel who vvOu|d be assigned tDthe project. Should interviews be deemed neceSSary, itimunderstood that the City shall incur no costs as a result of this interview, nor bear any obligation in further consideration nfthe submittal. When more than three responses are received. the committee shall furnish the City ConnVlinei0n (for their approval) a |iSUng, in ranked order, of no fewer than three firms deemed to be the most highly qualified to perform the service. If three or less firms respond tVthe RFP, the list will contain the ranking Vfall responses, The City Commission has the authority to (including, but not limited to); approve the recommendation; reject the recommendation and direct staff to re -advertise the 13 825 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Exhibit A - RFP E-03-22 solicitation; Or, review the responses themselves and/or request oral presentations and determine a ranking order that may be the aanla ordifferent from what was originally presented tothe City Commission. H. Hold Harmless and Indemnification Proposer covenants and agrees that itwill indemnify and hold harmless the City and all of its 0fficnrS, agents, and ennp|Vyoeo from any claim, loss, damage, Cost, charge or expense arising out of any act, action, neglect or omn\oakJO by the Proposer, whether direct or indirect, or whether to any person or property to which the City or said parties may be subieCt, except that neither the Proposer nor any of its subcontractors will be liable under this aeCi|Vn for damages arising out of injury or damage to persons or property directly caused by or resulting from the sV|a negligence of the City or any of its officers, agents 0remployees. U. Retention of Records and Right to Access The selected firm shall maintain during the term of the oOD[naCt all books of account, receipt invoices, reports and records inaccordance with generally accepted accounting pnoC[iCgs and standards. The form of all records and reports shall be subject b}the approval of the City's |ObarDa| Auditor. The selected Orrn must onnnV|y with the Internal Auditor's recommendation for chaDges, additions, or deletions. The City's \O1erMe\ Auditor must be permitted during nnrrnG| business hours to audit and examine the books of mCC0uDt' reports, and records relating to this C0ntnaCL The selected firm shall maintain and make available such records and files for the duration of the contract and retain them until the expiration of three years after final payment under the contract. Communications No negotiations, deCisk}ns, or actions shall be initiated Or executed by the Unn as o result of any discussions with any City employee. Only those communications, which are in writing from the {}Uv' may be considered as a duly authorized expression on behalf 0fthe City. In addition, only communications from firms that are signed and in writing will be recognized by the City as duly authorized expressions on behalf of firms. K. No Discrimination There shall be no discrimination as to naCe, sex, m}k}r, age' religion, ornational origin in the operations conducted under any contract with the City. L. Independent Contractor The selected firm will conduct business eoaDindependent contractor under the terms of this contract. Personnel services provided by the Unn ohoU be by employees of the Onn and subject to supervision by the Onn, and not as officers, employees, or agents of the City. Personnel pV|ioies, tax naoponsibi||t|es. SVda| security and health |nmurancn, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this agreement shall bethose nfthe firm. M. Staff Assignment 14 oo"u3ignEnvelope |o:oazrp000+DouF-4n4n'enooExhibit ' 4 RFP E-03-22 The City of Pompano Beach reserves the right to approve or reject, for any reGaons. Pn}poSor'o staff assigned to this project at any time. Background checks may be N. Contract Terms The contract resulting from this RFP shall include, but not belimited to the following The contract shall include aseminimum, the entirety of this RFP document, together with the successful PropOse/a pn}poo8i Contract shall be prepared by the City Of Pompano Beach City Attorney. If the City of Pompano Beach defends any claimo, demand, cause ofaction, Or lawsuit arising out of any act, action, negligent acts or negligent onniSSiqnS, or willful misconduct Of the contractor, its ornp|Oyeea. 8Qonim or servants during the performance of the contract, whether directly or |ndire(t\y, contractor agrees 10 reimburse the City Of Pompano Beach for all eXpeneeS, attorney's fees. and court costs incurred in defending such d3inn' cause of action or |avvmuiL 0. Waiver It is agreed that no waiver or modification of the contract resulting from this RFP. or of any covenant, condition orlimitation contained in it shall bevalid unless itis in writing and duly executed by the party to he charged with it. and that no evidence nfany waiver or modification shall be offered or received in evidence in any proceeding, arbitration, Or litigation between the parties arising out of or affecting this contract, or the right Or obligations of any party under it, unless such waiver Drmodification is in writing, duly executed 8sabove. The parties agree that the provisions Ofthis paragraph may not be waived except byRduly executed writing. P. 'Survivorship Rights This contract resulting from this RFP shall be binding On and inure to the benefit of the respective parties and their executors, administrators, heirs, personal representative, successors and assigns. Q. Termination The contract resulting from this RFP may beterminated by the City of Pompano Beach without cause upon providing contractor with at least sixty (60) days prior written notice. Should either party fail tDperform any of its obligations under the contract resulting from this RFP for a period of thirty /50> days after receipt of written notice of such failure, the non -defaulting part will have the right to terminate the contract immediately upon delivery of written notice to the defaulting part mfits election to do so. The foregoing rights of termination are in addition to any other rights and remedies that such party may have. R. Manner of Performance 15 827 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Exhibit A - RFP E-03-22 Proposer agrees to perform its duties and obligations under the contract resulting from this RFP in n professional manner and in accordance with all applicable |oo@[ federal and obgha laws, rules and regulations. Proposer agrees that the services providedunder the contract resulting from this RFP shall be provided by employees that are educated. trained and experienced, certified and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish the City of Pompano Beach with all documentation, certification, authorization, \icenoe, permit, or registration currently required by applicable |avxS or rules and regulations. Proposer further certifies that it and its employees are now in and will maintain good standing with such governmental agencies and that it and its employees will keep all \}cense, permits, registration, authorization or certification required by applicable laws or regulations in full force and effect during the term Of this contract. Failure of Proposer to comply with this paragraph nh8U constitute a no3baria| breach of contract. S. Acceptance Period Proposals submitted in response to this RFP must be valid for @period no less than ninety (90) days from the closing date of this solicitation. T. RFP Conditions and Provisions The completed proposal r with all required attachments) must be submitted electronically to City on or before the time and date stated herein. All Pn}pOsenS, by electronic submission of pn}pOS3[ shall agree to comply with all of the conditions, requirements and instructions of this RFP as stated or implied herein. All proposals and supporting materials submitted will become the property 0fthe City. Proposer's response shall not contain any alteration to the document posted other than entering data inspaces provided mincluding attachments as necessary. By submission of a response, Proposeraffirms that 8complete set of solicitation documents was obtained from the eBid System or from the Purchasing Division only and no alteration of any kind has been made to the solicitation. Exceptions or deviations to this proposal may not beadded after the submittal date. All Proposers are required to provide all information requested in this RFP. Failure tVdo so may result in disqualification of the proposal. The City reserves the rightt0pustpnms{xC@Ocoldhis RFP, or rejectall proposals, if|nits sole discretion itdeems itkJbeinthe best interest nfthe City t0d0so. The Qb/ reserves the right to waive any bathnio8| or formal ern}na or omissions and to reject all proposals, or to award contract for the items herein, in part or vvhq|e, if it is determined to be in the best interests of the City to do so. The City shall not be liable for any costs incurred by the Proposer in the preparation of proposals Vrfor any work performed inconnection therein. U. Standard Provisions Governing Law In oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Exhibit A - RFP E-03-22 Any agreement resulting from this RFP shall be governed by the laws of the State of Florida, and the venue for any legal motion relating to such agreement will be in Brnvvond County, Florida, 2. Licenses |norder toperform public work, the successful Proposer shall: Be licensed to do business in Florida, if an entitv, and hVkj or obtain such Contractor' and Business Licenses if required by State Statutes or |noo| nnJingnoHo. 3. Conflict Of Interest 4. For purposes of determining any possible conflict of interest, each Proposer must disclose if any Elected Official, Appointed Official, or City Employee is also an owner, corporate officer, or an employee of the firm. If any Elected C}ffiuio|, Appointed C}Miuie|. or City Employee is an owner, corporate offio8[, or an employee, the Proposer must file a statement with the Brnvv8rd County Supervisor nfElections pursuant tV0112.313'Florida Statutes. The selected firm(s) will be required to verify they will operate a "[)[ug Free Workplace" as set forth in Florida Statute, 287.087. 5. Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity ohnle may not submit o pn]pVsG| on a contract to provide any goods Vrservices tV a public entity, may not submit proposal on a contract with m public entity for the construction orrepair Vfo public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work aaacontractor, aupp|ier, auboon1raotor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute, Section 287.017, for CATEGORY TWO for m period of 36 noOn1he from the date ofbeing placed nnthe convicted vendor list. 0. Patent Fees, Royalties, And Licenses If the selected Proposer requires nrdesires touse any design, trademark, device, material or process covered by letters ofpatent V[copyright, the selected Proposer and his surety shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented deaign, devioe, trademark, copyright, nl@18ria| or pn]cHna in connection with the work agreed to be performed and shall indemnify the City from any cost, expenoe, royalty or damage which the Qty may be obligated to pay by reason of any infringement at any time during or after completion of the work. 7. Permits 829 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Exhibit A - RFP E-03-22 The selected Proposer shall be responsible|or obtaining all permits, licenses, certificetono, etn., required by f8dero|, otute, on4ntv, and municipal lavvs, regu\edioOs, codes, and ordinances for the performance of the work required in these specifications and to conform to the requirements of said legislation. 8. Familiarity With Laws 11. It is assumed the selected firm(s) will be familiar with all federal, state and local |evvn, wndinancen, rules and regulations that may affect its services pursuant to this RFP. Ignorance on the pert of the firm will in OO way relieve the Urrn from responsibility. Afirm may withdraw its proposal without prejudice no later than the advertised deadline for submission of proposals by written communication to the General Services Department, 1190 N.E. 3rd Avenue' Building C, Pompano B8aoh, Florida 33060. Firms are required to rOnnnOit that the principals and personnel named in the proposal will perform the services throughout the contractual k*nn unless otherwise provided for by way of a negotiated contract orwritten amendment to same executed by both parties. No diversion or substitution of principals or personnel will be allowed VO|ems a written request that Sets forth the qualifications and experience of the proposed replacement(s) is submitted to and approved bythe City iOwriting. Payment will bomade by each Participating Agencywithin fifteen /1B calendar days from delivery ofproduct sdParticipating Agencies location via wire transfer toseller's account and bank, asindicated onthe invoice. 12. Public Records e. The City of Pompano Beach is a public agency subject to Chapter 110, Florida Statutes. The Contractor shall comply with Florida's Public Records Law, amamended. Specifically, the Contractor shall: i Keep and maintain public records required by the City in order to perform the service; ii Upon request from the Cdve custodian of public reoordn, provide the City with acopy ofrequested records orallow the records tobeinspected o/ copied within 8 reasonable time at @ cost that does not exceed the cost provided in Chapter 118, Florida Statutes oras otherwise provided by 18 830 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5Dl3-90853D1 ED8AA a Exhibit A - RFP E-03-22 iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City; and iv. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically 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. b. Failure of the Contractor to provide the above described public records to the City within a reasonable time may subject Contractor to penalties under 119.10, Florida Statutes, as amended. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 100 W. Atlantic Blvd., Suite 253 Pompano Beach, Florida 33060 (954) 786-4611 Record sC ustodi anAvollb%com ,Questions and Communication All questions regarding the RFP are to be submitted in writing. All questions are to be submitted using the Questions feature in the el3id System. Questions must be received at least seven (7) calendar days before the scheduled solicitation opening. Oral and other interpretations or clarifications will be without legal effect. Addenda will be posted to the RFP solicitation in the el3id System, and it is the Proposer's responsibility to obtain all addenda before submitting a response to the solicitation. 19 831 oo"u3ignEnvelope |o:oazrp000+DouF-Exhibit ' 4 RFP E-03-22 W. Addenda The issuance of written addendum is the only official method vvhenabv interpretation, c|8hfiC8tDO. or additional information can be given. If any addenda are issued to this RFP solicitation the addendum will be issued via the eBid Sva[8rn. It shall be the responsibility of each PnnpDser, prior to submitting their r8epVnse, to contact the City Purchasing Office at /954\ 780-4098 to determine if addenda were issued and to make such addenda a pert of their proposal. Addenda will be posted to the RFP solicitation in the eBid System. 20 832 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit A - RFP E-03-22 COMPLETE THE PROPOSER INFORMATION FORM ON THE ATTACHMENTS TAB IN THE EBID SYSTEM. PROPOSERS ARE TO COMPLETE THE FORM IN ITS ENTIRITY AND INCLUDE THE COMPLETED FORM IN YOUR PROPOSAL THAT MUST BE UPLOADED TO THE RESPONSE ATTACHMENTS TAB FOR THE RFP IN THE EBID SYSTEM. RFP I PROPOSER INFORMATION PAGE (number) (RFP name) To: The City of Pompano Beach, Florida The below named company hereby agrees to furnish the proposed services under the terms stated subject to all instructions, terms, conditions, specifications, addenda, legal advertisement, and conditions contained in the RFP. I have read the RFP and all attachments, including the specifications, and fully understand what is required. By submitting this proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this proposal. ••• Name (printed) Company (Legal Registered) Federal Tax Identification Number Address City/State/Zip USMOVEMM Email Address 21 Title Fax No. 833 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit A - RFP E-03-22 REQUESTED INFORMATION BELOW IS ON THE ATTRIBUTES TAB FOR THE RFP IN THE EBID SYSTEM. PROVIDE THIS INFORMATION ELECTRONICALLY. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Respondent Vendor Name: Vendor FEIN: Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or services over $1,000,000, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. Certified By (include Name and Title): 22 834 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* L ON 01MV ap..Insofidated 3141 SE 14th Ave, - P.O. Box 350430 Ft. Lauderdale, FL 33335 Phone: (954) 522-1182 Fax (95*) 5e71191 Toll Free: (800) 683-5823 February 15, 2017 Jeff English City nfPompano Beach 119UNE3rd Avenue Building Pompano Beach, FL33O6O Re: Best and Final Offer —E-19-17 Dear Mr, English: Thank you very much for your time today and thank you for the opportunity. Exhibit A - RFP E-03-22 As a follow up to our negotiation meeting for E-13-17, please see our "Best and Final" offer to the Co-op. All other pricing in the RFP will remain the same. Should you have any questions or comments, please feel free to contact me at anytime, Don Carlton President Port Consolidated Miami - FlIeuderdale - West Palm Beach - Ft.Plerce - Orlando - Jacksonville - Tampa 835 ULSD 87 E-1 0 Transport +0.007 +0.007 jankwagon +0.089 +0.089 All other pricing in the RFP will remain the same. Should you have any questions or comments, please feel free to contact me at anytime, Don Carlton President Port Consolidated Miami - FlIeuderdale - West Palm Beach - Ft.Plerce - Orlando - Jacksonville - Tampa 835 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit A - RFP E-03-22 COMPLETE THE PROPOSER INFORMATION FORM ON THE ATTACHMENTS TAB IN THE EBID SYSTEM. PROPOSERS ARE TO COMPLETE FORM IN ITS ENTIRITY AND INCLUDE THE FORM IN YOUR PROPOSAL THAT MUST BE UPLOADED TO THE RESPONSE ATTACHMENTS TAB FOR THE RFP IN THE EBID SYSTEM. PROPOSER INFORMATION PAGE RFP E-13-17 0 Unleaded Gasoline and Diesel Fuel for Southeast Florida Purchasing Cooperative Group (number) (RFP name) To: The City of Pompano Beach, Florida The below named company hereby agrees to furnish the proposed services under the terms stated subject to all instructions, terms, conditions, specifications, addenda, legal advertisement, and conditions contained in the RFP. I have read the RFP and all attachments, including the specifications, and fully understand what is required. By submitting this proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this proposal. Proposal submitted by: Name (printed) Don Carlton Title President Port Consolidated Company (Legal Registered) '- 0 0 Federal Tax Identification Number 59-1173292 Address 3141 Se 14th Ave. City/State/Zip Fort Lauderdale, FL 33316 Telephone No. 800-683-5823 Fax No. 954-527-1191 Email Addressdcariton@portconsolidated.com 836 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* L 00 '7 Pool nos lo lIi d'a t e d 3141 SE 14th Ave. - P.O. Box 350430 Ft. Lauderdale, FIL 33335 Phone: (954) 522-1182 Fax: (954) 527-1191 Toll Free: (800) 683-5823 January 12, 2017 Jeff English City ofPompano Beach 1190NE3rd Avenue Building C Pompano Beach, FL3306O Exhibit A - RFP E-03-22 'Cover Letter — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP Dear Mr. English: on behalf of Port Consolidated, I would like to thank the City of Pompano Beach for the opportunity to participate in this RFP. Below you will find our official contact information, Name ofFirm: Port Consolidated Physical Address: 3141SE14'hAve,Ft. Lauderdale, FLS331G Mailing Address: P0Box S5043(lFt. Lauderdale, FL3333 Corporate Website: Corporate Phone: 8OO'583-5823 Corporate Fax: 954-527-11q1 Point of Contact: Don Carlton, President E -Mail Address: doar|ton@portconso(\dated.cono Per the terms of the RFP, the following is a brief outline of Port Consolidated and its history: 0 The company has been marketing petroleum products in Florida since 1967. 0 We have locations in Miami, Ft. Lauderdale, Pompano, Riviera Beach, West Palm Beach, Fort Pierce, Fort Myers, Tampa, Orlando, Palatka, Jacksonville, and Fernandina Beach. a Port Consolidated currently supplies a multitude of municipalities throughout the State of Florida for not only day to day supplies, but hurricane and emergency fuel as well. Miami, Ft. Lauderdale -West Palm Beach - Ft.Plarce - Orlando -Jacksonville -Tampa 837 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* 4011 01*V Lupo.Insofidatecd 3141 SE 14th Ave. - R0. Box 350430 Ft. Lauderdale, FIL 33335 Phone: (954) 522-1182 Fax: (954) 527 -1191 Toll Free: (800) 683-5823 � Our company owns and operates afleet ofover 6Otankvvagons and over G0tractor trailers, which gives us the largest and most comprehensive delivery capabilities in the area. � VVecurrently have supply agreements with several major oilconopanies, notably Chevron, Marathon, Valero, TP5|, Colonial, Gulf Oil, Indigo Energy, and K4otiva. These supply agreements allow us to pull product from not just Port Everglades, but the Ports of Tampa, Canaveral, Jacksonville, Orlando, and Savannah aswell. Our ability Lopull product from multiple suppliers, in multiple Ports, during emergency situations allows us to continue to supply our customer base while our competitors will be forced to sit on the sideline. w We own and operate over 15 different petroleum storage facilities throughout the State of 0 Port Consolidated is privately owned and is registered as an "S" Corp with the State of Florida, Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel free tocontact me at anytime. Since | .. eon zC1 �t President Port Consolidated Miami `nl-"ud°m°*'West Palm Beach 'np*rc"'Orlando ' Jacksonville 'Tampa 838 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* PRO 01 P, 0 r Lup..Insolidated 3141 SE 14th Ave, - P.O. Box 350430 Ft. Lauderdale, FL 33335 Phone: (954) 522-1182 Fax: (954) 527-1191 Toll Free: (BOO) 683-5823 January 12, 2017 Jeff English City ofPompano Beach 1190 NE 3rd Avenue Building C Pompano Beach, FL 33060 Exhibit A - RFP E-03-22 Qualifications and Experience — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP Dear Mr. English: Per the terms of the RFP, the following is a brief description of our firm's qualifications and experience along with a list of references: Port Consolidated has been supplying fuel and lubricants throughout the State ofFlorida since 1967. We own and operate all of our own equipment, never having to rely on common carriers to deliver the products that we sell. Our customer service department, consisting of 15 representatives, is open Monday through Friday, 7:30 AM to 5:00 PM. In addition to that, we have 24 sales representatives out in the field to assist our customers with any/all technical questions. Please see below a list of local references. We have serviced these entities over the years. ^ 8ruwanjSheriff's Office — Rick Torres —9S4'831-8D7O • City ofFort Lauderdale — Ann Debra Diaz —9G4'8ID'5949 w Palm Beach County School Board — Morris Simpson —S6I-434-8l7I • Florida Power and Light — Patti Earley — Riviera Beach, FL-56I-8OI-34O7 * RruwardCounty School Board — Mark Alan - 754'321-0507 Should you or the City of Pompano Beach Purchasing Division have any questions on this proposa I, please feel free to contact meat anytime. Wlaml - FI.Lauderdale - West Palm Beach - R.Plerce - Orlando - JacksonvIlle - Tampa 839 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* nsolidated (PTW 3141 SE 14th Ave. - P.O. Box 350430 Ft. Lauderdale, FL 33335 Phone: (954) 522-1182 Fax: (954) 5e71191 Toll Frew (800) 683*823 January 122O17 Jeff English City o[Pompano Beach 110ONE3rd Avenue Building Pompano Beach, FL33068 Exhibit A - RFP E-03-22 Personnel — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP Dear Mr. English: Per the terms of the RFP, the following is a list of key personnel that will be assigned to this account: * CustomerSemice—FayFmnciscn Linda Rogers, Jane Mitchell, Natasha Corona, Vanessa Burch, Danielle Schatz -954`532-1182 * Billing Inquiries — Heather -877'345-lD98xlO89 • Invoice Copy Request — Jesse Dechant —877'346-1DSOx1O23 • Credit/Collections — Michelle Thompson —877-S45-1OQOxO889 ° 24/HREmergency Line —800-683'582l • Account Manager — Don Carlton —Q77-34S'1O9Ox1O17 Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel free to contact me at anytime. ZoC&a President Port Consolidated Miami - I'Ll-auderdale - West Palm Beach - FlAorce - Odandf) - Jacksonville - Tampa 840 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Lapoonsolidated 3141 SE 14th Ave. - P.0, Box 350430 Ft. LaUderdale, FL 33335 Phone: (964) 522-1182 Fax: (954) 527-1191 Toll Free: (800) 683-58e3 January 12, 2017 Jeff English City ofPompano Beach 119ONE3rd Avenue Building Pompano Beach, FL3]O6D Exhibit A - RFP E-03-22 Contractual Supply Obligation — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP Dear Mr. English: Per the terms of the RFP, the following is a brief description of our supply chain that will ensure adequate fuel supply for the Co-op, not only on a day-to-day basis, but during a declared State -of -Emergency as well. Port Consolidated's corporate headquarters sits in the heart of the Port Everglades, which supplies both gasoline and diesel fuel 0oall ofSouth Florida. VVehave the ability 0opull day today product from Chevron, Citgo, Gulf Oil, Indigo, Mansfield, Marathon, Motiva, Petroleum Traders, and Valero. For those times when supplies are Light, we have contractual arrangements with Chevron, Gulf Oil,Indigo Energy, and Marathon, These contracts will ensure aguaranteed, ratable supply tothe Co'op. Attached tothis letter, you will find copies ofthose current agreements. Port Consolidated also has the ability to pull product from other Ports throughout the State of Florida, notably the Port of Tampa, Port Manatee, Port Canaveral, Orlando, and the Port of Jacksonville. Should Port Everglades become incapacitated for any length of time, these various Ports provide us with other options to pull product. VVealso have relationships inSavannah, in addition to our regular Supply points, Port Consolidated also has the ability to pre -purchase and store product atany one ofour 13facilities. Our total s0omQecapacityisjustunder3miUiondaUonsforvahouspetno|eunn Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel Miami - Ft.Lauderdale - West Palm Beach - Ft.Pierce - Orlando - Jacksonville - lampa 841 DocuSign Envelope ID: C327F0D0-D8DF-4343-135D13-90853D1 ED8AA GUARANTEED SUPPLY AGREEMENT Exhibit A - RFP E-03-22 'this is a Guaranteed Supply Agreement dated November 2, 2016 between Marathon Petroleum Company LP (*'MPC*), a Delaware limited partnership with offices at 539 South Main Street, Findlay, Ohio 45840 and Port Consolidated, Inc. (-Port Consolidated"). a Flotida corporation with offices at 3141 SF 14th Avenue. Fort Lauderdale, Florida 33316. 1. Definitions. "Products" shall mean gasoline, gasohol and distillates of all grades and types as are generally offered to NIPC's Wholesale Reseller Customers at aTerminal from time to time. "Terminal," "10 -Day Volume," and "Monthly Volume," shall refer to the MPC tenninals and the associated quantities (in gallons) listed in the table in Section 3, if applicable. "Month" (capitalized or not) shall mean a calendar month. "10 -Day Period" ,-,hall mean 10 calendar day,; in a Month, beginning on the first day of the Month. The last 10 -Day Period in a Month must end on the last calendar day of the Month and can be shorter or longer than 10 days depending on the amount of days in the Month. 2, Term, The initial term of this Agreement is from January 1, 2017 to December 31, 2017, inclusive. This Agreement shall autornutically renew for tip to two successive one-year renewal term(s) unless either party gives written notice of non -renewal at least 60 days prior to the end or the initial term or any subsequent one-year renewal term. In no instance shall this Agreement extend beyond December 31, 2019. 3. Quantity, (A) During each Month, Port Consolidated shall purchase 100% of the Monthly Volumes of each Product at the associated Terminal as shown in the table below. (8) During each 10 -Day Period, Port Consolidated shall purchase the 10 -Day Volumes of each Product at the associated Terminal as shown in the table below. (1) MPC shall not guarantee availability of Product for Port Consolidated's purchase in amounts greater than 110% of the 10 -Day Volumes set forth in the table below. (2) During any 10 -Day Period, all Product purchases over I io% or the 10 -Day Volumes shall not apply toward Port Consolidated's obligation to purchase the Monthly Volumes, (C) In the event the needs of Port Consolidated increase beyond the volumes specified in the table below, Port Consolidated shall notify the MPC Regional Office in writing or the additional volume requested at least 30 days prior to lifting, 'rhe MPC Regional Office shall assess Product availability. and if the parties mutually agree, shall amend the volumes in the table set forth below. Terminal Product Date Range 10 -Day Volume _..M±!l �hl Volume FampaGASOI IOL TERM 125.000 375,000 Tampa UIISD TERM 616,666 1,850.000 Fort Lauderdale GASOHOL,TE RM 275.000 825.000 Fort Lauderdale UI.SD TERM 750,000 2,250,000 TOTAL MONTHLY VOLUME 5,300,000 4. Price. The price for any given load of Product shall be the applicable MPC Wholesale Reseller Pricc in effect at the following Terminal(s) as of the time that lifting ends: Tampa and Fort Lauderdale. Port Consolidated acknowledges and agrees that MPC may use the Wholesale Reseller Price to manage customer liftings when NIPC's Product supply at a Terminal is limited and Port Consolidated waives the right to claim that this method of pricing is unfair, anti-competitive, tortious, or a breach of contract. 5. Remedies. (A) MPC will, at its sole discretion, invoice Port Consolidated on a monthly basis an underlifting fee of $.0300 per gallon not tilled if Port Consolidated rails to lift 100% of the Monthly Volumes of each Product at the associated Terminal as shown in the table in Section 3. Port Consolidated shall pay IVIPC within 15 days after receipt of the invoice for any applicable underlifting fees charged by MPC. No failure by MPC to charge for any underlifting fees to which it would be entitled in any given month shall operate as or imply any existing or future waiver of the right to charge such fees, nor shall it, in any way, limit or alter the rights of MPC Net forth herein or prevent MPC from asserting its rights herein through estoppels or any similar legal theory, (B) MPC may cancel this Agreement upon 15 days' advance written notice if.. for any two Consecutive months, Port Consolidated fails to purchase the Monthly Volumes at the associated `Terminal as shown in the table in Section 3, (C) If a supply interruption occurs at alerminal, MPC may request Port Consolidated, to the extent logistically feasible, to lift Products at another MPC Terminal. 6. General. (A) THE ATTACHED PRODUCT SALES TERNIS ARE PART OF THIS AGREEMENT, but the terms herein shall prevail over any conflicting terms in the Product SatesTcrins. (B) The fee in Section 5(A) is not a penalty but is a reasonable liquidated damage amount. (C) This Agreement has been executed in two original counterparts, (D) Port Consolidated has the right to disclose the terms and conditions contained herein with its agents, employees, directors and officers with a need to know, however these terms and conditions are confidential, and any unauthorized disclosure by Port Consolidated without the express written consent of MPC is a material breach of this Agreement, Marathon Petroleum Company LP Port By: MPC Investment LLC, its General Partner By: hr'li IJ- 13y: Title: Title: acolous 1425885.1310CX I C', 842 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A- RFP E-03-22 (Revised 8/1/2016) PRODUCT SALES TERMS These terms will apply to any agreement to which they arc attached, in which they are incorporated by reference, or which is found on the other side of these terms. In the event of a conflict between that agreement and those terms, that agreement will control. That agreement and these terms are collectively referred to below as the "Agreement". and the term -Products" refers to the putrolcurn products sold by Marathon Petroleum Company LP under this Agreement to the buyer identified in this Agreement ('*Buyer-). 1. Payment. Payment forms are subject to change by Sailer at any time. If Seller does not receive payment when due. it may impose a late payment charge not to exceed the maximum amount allowed by law and if the account is placed for collection or Suit is Filed thereon, Seller will he entitled to attorney fees and court costs. PAYMENTS TENDERED IN FULL SETTLEMENT OF A DISPUTED AMOUNT MUST BE CLEARLY LABELED AS SUCII AND SENT BY CERTIFIED MAIL, RETURN RECEIPT' REQUESTED, TO: COMMERCIAL CREDIT FvIANAC.FR,.'vIARATF1ON ]PETROLEUM COMPANY LP, 539 SOUTH BLAIN STREET, FINDLAY, 01-110 4:558410. Seller may set off amount,; owed by Buyer to Seller or its subsidiaries or affiliates against amounts o,.Ycd by Seller to Buyer. 2. Taxes. Buyer will pay, and indemnify Seller for, all taxes, fees, duties, environmental levies, and other charges (whether imposed on manufucture, processing. use, purchase, sale, resale. delivery, receipt, title transfer, inspection, removal from storage, measurement or passage through a measurement device, receipt ot'payment, or other activity-, and regardless of when imposed) relating to Products, or their raw materials or feedstocks. The sole exception to this obligation is taxes based on or measured by Seller's income or net worth. Upon account set up, Buyer will promptly furnish Seller with the Buyer's appropriate state tax registration numberls), its federal identification number and any applicable tax exemption certificates. Buyer will promptly inform Sciler of arly changes to its tax registration or exemption status that may occur after account setup. 3. Delivery, All sales will be F.O.B. the "Ship From" location stated in this Agreement, unless this Agreement clearly provides otherwise, 'ritle and risk of loss will pass to Buyer at the -Ship From" location as Product passes (as applicable) the transport truck or railcar inlet flange, barge fTnanent hose connection, or pipeline upstream flange. Title ;aid risk of ions will not be affected by Seller's ownership of the transportation assets, arrangement of shipment. and/or pre -payment or collection of shipment expenses from Buyer. Seller will have no obligation to deliver Product at die "Ship From" location unless Buyer, its agents, and its carriers have entered into, and are in compliance with, agreements governing access to the "Ship From" location, Where this Agreement clearly provides that delivery is F.O.B. the "Shit� To" destination, title and risk of loss will pass to Buyer at die "Ship To * destination as Product passes (as applicable) the transport truck or railcar outlet flange, barge permanent hose connection, or pipeline downstream ran Where shipment is by ruitcftr, and Buyer is unable to accept delivery of the railcar when off4ed, then title and risk of loss will puss to Buyer at the time of constructive placement of the railcar. Buyer will pay and be responsible for any demurrage, fleeting, shifting, parking, detention, ort or other charges related to receipt or delivery of Product, unless solely caused by Sellcr. 4, Quantity and Inspection, Quantities will be determined by (in order of preference) calibrated meters, terminal funk gauges or shoretank downgauges: or any applicable AS'I'M method, Quantities may be temperature -adjusted to 60°F, at Seller's option, using built-in temperature compensators or ASTM tables. Either party may require that Product quantity and quality be determined by a jointly -selected, licensed petroleum inspector, whose findings will be conclusive. Customary inspection costs will be shared equally. but additional services will be paid for by the patty requesting them. 5. Compliance With Laws. Buyer, its agents, and its carriers will comply with all laws, regulations, and standards applicable to the sale. delivery (including loading,unloading, and/or transloading), transportation. storage, use, anisposition of Products, mid Buyer will not deliver, or allow to be delivered, to an RVP or RFG control area any Product that would be in violation or U.S. EPA regulations applicable to that area, Buyer will require similar commitments from its purchasers. Product identified as Blend -Grade, CBOB or RBOB is for use as blending component only. 6. Safety and Health. Buyer shall thoroughly review and adhere to all Safety Data Shcets (SDS) and other safety-related information provided by Seller concerning the Products, including but not limited to die recommended use, restriction on use, precautionary measures and exposure controls for each of the Products as described in the SDS. Buyer .shall comply with all state and federal laws, regulations and codes pertaining to the maintenance and distribution of SOS. Buyer acknowledges the hazards and assurnes the risks associated with handling J425885.D(X'X I and using each of the Products. SDS for Products are available at the following internet address: http://NvNv",.mai-athotipetroictini.coiii Alrand/productstsds/. Buyer may request to receive SDS via email by contacting the Seller at sisinfo(i'marathonNtroicum.cotit. Buyer's employees, agents, and subcontractors will comply with all applicablesafety standard,,,, policies, practices and rules or conduct mandated by Seller when involved in any operations on Seller's promises in connection with the performance of this Agreement. 7. Warranties. Seller warrants good title to all Products supplied hereunder at the time of delivery to Buyer, and that each product supplied hereunder will comply with all applicable federal, state and local rules and regulations in effect at the time and place title thereto passes to Buyer. MPC DIS(' 'LAINIS ANY AT ,AND ALL OTHER WARRANT AND REPRESENTATIONS WITH RESPECT TO 'rullE PERFORkIANCE Olt QUALITY OF PRODUCI FS SUPPLIED HEREUNDER INCLUDING, BUT NOT LINIVITI) TO, ANY IMPLIED WARRANTY OF VIFIRCHANTABILITY Oil FITNESS FOR BUYER'S PARTICULAR Olt INTENDED PURPOSES OR 11SAGF. Seller will, at its option and its cost (including expense or return and re- delivery), remedy the defect in, replace, or refitild the purchase price of. anyy Product that lails to Meet dais warranty. THIS IS BUYER EXCLUSIVE REMEDY FOR BREACH OF" WARRkN,rY. 8. Claims. All claims must be in writing. Product quality or quantity claims must be delivered to Seller within 30 days after delivery of the Product. and all other claims by, Buyer must be delivered to Seiler within 60 days after the event giving rise to the claim. Buyer will preserve, and permit Seller to inspect and sample, the subject Product, ANY LAWSUIT AGAINST SELLER WHICH INVOLVES TIIIS AGREEMFNT Oil TIIF SALE OF PRODUCTS musi BF BROUGHT WITIHN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. 9. Limitation of Liability. IN NO EVENT WILL SELLER'S LIABILITY FOR DAMAGES (WIIFTHVR ARISING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, STRICT LIAmy'ry, OR OTHERWISE) EXCHD 'flit, PURCHASE PRICE OF THE PRODUCT CONCERNED NOR WILL SELLER BE LIABLE FOR PUNITIVE. INCIDENTAL, CONSEQUENTIAL, 014 SPECIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF ADVISED OF THE POSSIBILITY OF SVCII DANIAGES. 10. Force Majeure an(] Allocation, Neither party will be liable to tile other for uny delay or failure in performance (other than to make payincills when due) to the extent that it is eaused by circumstances heyond its reasonable control, or by fire, explosion. flood; earthquake,, storm; act of God; mechanical breakdown: sabotage or vandalism-, strike or other labor disturbance (Seller will not tic required to settle a labor dispute or take an action that might involve it in a labor dispute)-. shortages of, or delays in obtaining, crude oil, feedstocks, raw materials or finished producis, equipment, labor, transportation, or storage; interniption of utility services, or compliance with any law, regulation or order (regardless of validity) of any governmental or military authority. Further. if Sclicr at any time decides that its Product supply is insufficient to meet the actual or forecasted needs of Seller, its divisions and subsidiaries, and its and their customers (whether under contract or not), Seller inay allocate its supply among all of them in any fair and reasonable manner determined by Soifer. 11. Indemnity. Buyer will indemnify and defend Seller and its employees and agents against any loss, claim, liability (actual or alleged), tine, penalty, or expense (including court costs. attorney fees, and litigation cx crises), of any kind (including those based fit tort, warranty, or strict liability), arising out of, or in connection with: (i) the pertbrmance of this Agreement; (ii) any failure of Buyer, its agents or employees to comply with the forms and conditions of this Agreement; or (iii) any act or failure to act in the handling, storage, transportation, loading, unloading, transloading, resale, or other use, by Buyer or others, of a Product sold under this Agreement. The only exception to this obligation is when Seller's negligence or intentional misconduct is determined by a court to be the solo cause of the damage. In responding to any third -party claims, Sellcr may select an attorney and may enter into any settlement without affecting this obligation. 12. Default. Seller may, tcmiinatc this Agreement in the event of a material default by Buyer which is not cured within 10 days after notice of default is given. Seller may also terminate this Agreement at once (and 843 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA (Revised 8/1/2016) Buyer will have no right to cure) if Buyer either fails to pay any amount when due or violates the provisions of paragraph 14 below. fhc right to terminate is in addition to any other remedy that may be available. A waiver of a default in one instance does not extend to any subsequent default, 13. Export Sales. For any Product that will be exported from the U.S.A. by Buyer or another Party, all export -related requirements are the sole responsibility of Buyer or the Fxporter. Seller is not responsible for compliance with U.S. export control laws or requirements in such transactions unless it agrees to assume that responsibility in writing. Buyer acknowledges that Product was designee! and produced solely for cornmerciaT purposes. Further. Buyer agrees that unless s ecifiically licensed by the United States government, no Product received from Seller is intended to be nor will be, shipped either directly or indirectly, to any country entity, or person or for any end-use that is prohibited under the Export Administration Regulations ("EAR"), Office of Foreign Assets Control ("OFAC") regulations,International Traffic in Arms Regulations ("ITAR") or as otherwise prohibited by any applicable law or regulation, Any diversion contrary to U.S. haw is strictly prohibited. Buyer shall indemnify and hold Seller harmless from all lines, penalties, costs. and expenses (includingreasonable attorney fees) incurred by reason of the breach ofthe foregoing. Except where Seller has specifically provided to Buyer in whiting the appropriate documentation necessary to substantiate that Product is ch ible for NAlrl'A or other preferential duty treatment. Product sold hereunto is deemed not eligible for NAFTA or any prei'erential duty treatment, For any Product that will be exported from the U,S.A. by Buyer, Seller reserves all rights as a manufacturer under 14 U.S.C. $1313 and rel1mcd regulations and reserves all rights to claim drawback, i)uycr will provide Seller with proof' of export satisfactory to Seller and any other information needed by Seller for the timely and accurate filing of Seller's claim. 14. Trademarks. Buyer will not use Sellcr's name, trade or service marks, or trade dress in any way with regard to (lie Products. 15. Gencral. (A) The stile of Products to Buyer, mid this Agreement, will be governed by Ohio law, without giving effect to its principles of conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sales of Goods. (B) Buyer's obligations in paragraphs 2., 5, 6, 11, 13, and 14 above will survive termination of this Agreement. (C) The invalidity or unenforceability, of any part of this Agreement will not affect the validity or enforceability of its remaining provisions. (D) 'Phis A �rcemcnt, rail any rights or duties under it may not be assigned or delegate by Buyer; any attempted assignment or delegation by Buyer will be void. (F,) In the event of a sale or transter of all or substantially all of Buyer's equity shares or assets, or a controlling interest in either, by merger, acquisition, exchange. ,joint venture. or other similar transaction, Seller may, at its sole option, immediately terminate this Agreement. (F) No claim or notice relating to this Agreement to be given to Seller will be valid unless sent by certified mail return receipt requested or by a national overnight courier service to Seller addressed as follows: Manager, Wholesale Marketing. Maruthon Petroleum Company Li', 539 South Main Street, Findlay, Ohio 45840. All notices given by Seller to Buyer may be sent to the addresses shown on the most recent written correspondence sent to Seller by Buyer, or to such addresses as may be requested in writing by Buyer in the future. (C) No amendment or modification of this Agreement will be valid unless made in a writing signed by authorized representatives of'both parties. Any attempt by either party, through a job order, purchase order, invoice, or other document, to vary in any degree any of the terms of this Agreement will be deemed immaterial and will be void, unless contained in an amendment executed as specified hereinabove. (If) No failure to exercise or election not to exercise any of a party's rights hereunder will constitute any waiver or modification of such rights, or be deemed to be a course of performance or dealing, modifying or waiving the parties' rights, remedies, duties, obligations or liabilities under this Agreement or any part thereof. (1) This Agreement contains the entire agreement of the parties with respect to its subject matter. (425885.DOCX I Exhibit A - RFP E-03-22 844 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 Chevron Chevron ia):dco �- CAt7EX Our Family of Brands Product Sales Contract (Reseller) Tbis conract is dared Nut emher 1)1.21U6. and ii buaheeu Chet ron Products C wripnut, a dig isiun ofC•hao ron U.S.A. Inv, ("Sellar"1. ;trn.l PUIJT E{) tivparanct [itner•uxrecrus rullotts• i. •1')SR11. The term urthis comract shat' cornmeuce on November 04, 3016. tual shall cod on October 31. 2017, unle,s sooner terminated by either para- in accordance with the provisions of this cumruL i'ROUI. C'I S AND QUAyTIT[ES. Seller agrees to jell to Buyvr, and Buycr agrees to purchitse fiom Seiler those tirades of diesel CIO and other products specified in Eshibit A of this contact. Buy cc agree, to purchase rami Seller during each calendar mmuh not les, that the minimum quantifies or products specified in Exhibit A. Scher shall not be obligated to sell to Bit\ in any calendar month quantities til' products in excess ofthe maxitnant qucntitias specified in Exhibit A. but Setter may elect to do) so at its option after request by Buyer. Such minimuit7 and maximum quantities shall be prorated rur awn period lass than a calendar month h)ehided within qts term orthis cunttnet. Buyer shall not represent or authorize or permit any other parson to represent that dee pruducts purchased under this contract are the produces of Seller or use or auturrita or permit any other porsim to use any o,r tile tradcmcuks, service marks. trade names. color schemes or scrsiee station designs utilized by Seliur or any other identification. designation tit marking of any kind that stOuld idetirik such products st lett Salter. It is understood and agreed that the products puMiatied trader this contract shall be resold b) Buyer under Uu)er's brands and trade nat ivs. and Sailer hereb.% gitiea Its vonsent to the rebriinding of juch products. If inner breaches any or the prnrisinns of this suction 2. such breach shall, tit Seller's Option. be deemed a breach of this entire Agreement and. in addition to such other remedies as it ma) hat a. Seller shall have the right to terminate this Agrcemenl furiha ith. PRCI[i!'C'T O( ,rpt ITY. The products sold under this contract shall be of the quant±• as is geaeraih oilered by Seller fur similar use at the relevant debtor) location. TO facilitate the. investigation of uuy claim or concern -regarding the quality of the products delkered under this contract. Buyer shallkeepcomplete and accuraw recurds of Buyer's purchase. tr:wspurtation ecu pl. im rntut , rr;iitste`r. i"use. sale: or dont cry vt'all prudtauv pvrehaxed b} Buyer In bulk from ~eller and any other supplier. S II¢r's reprewntwites shall be permitted in Inspect and audit such records at any time during [htyvr's business hours on reasonable notice to Miyur liar up to one y ear after the termination or this contract. Seller's mpresentalkcs Shull also have the right at any time to enter upon tine prendses hehcre the products purchased under this contract are stored by or Inc Buyrpt and q) tak samples orsuch produvis nor tes'tinz purposes, compensating kit cr (at (liner's cost, which Rn this purpose shall be based un Seller's price to Buyer in effect at the time .such samples are taken, or. at Seller*.,; option, in kind) for any product, sit taken, -I. P1�. The prices that toner shall pa) Seller (tar products purchased under this contract Shall be detern)ined a+ set tomb in 1 ehi1)it 1 (except as otherk ke prof )ded in scetivn 22 ttith respect to any piscretionar Sties (as dcrned below)). PAN NMENT AND FNA'v IAL kFSPt)15lllll.!'Cl'. Duycr's pan ments rurr products shall be in VS dollars without discount by electronic tram ler of inunediotal) at aikrble Binds to an avcount. bank and location designated by Sailor. --- - - I;uper shall: except tit Seller-s-np6onr pay -Seller cosh before delis cr forproducis purchased beretirder- ' Bu)vr acknowledges the 'imporumee of payment within the terms specified )shun credit a vetvnded and agrees that past Clue amounts shall hour interest tit the rate of 13"" per year or the maximum rate permitted h) the state of Buyer's address Ivr ookcs as specified in Exhibit A orlhis cuntnn'I. sshichesvr k less. IrBuyvr Ihik to mike payment within the specified terms. such failure shall. ret Setlers's option. he deemed a breach of this entire contract and. in addition u) such other remedies as it ma) have..501cr-shull have-thereafter.tite.right.tn.dcmand:advance-cash"payrnant,to-ttithhotd deliveries payment I including payment ofall amounts ten ouwanding lex products de{itcred b) Seller to Biter hereunder) is received. or to icrnhinate thk contract. The acceptimee cram pay ment byStiller after the due Wtv shalt not \sane any of Sellers rights hereunder Our shall such withholding ordelkerics or terminativa of this contract af)ect tiny obhgalivn of Bu)cr hereunder: It' — - - credit k extended to Buyer by teller. the buyer shall periodicalO provide it) (Clickvoni that linaucial inliuttmation or wcurity product Sales Contract (Resellerl CRA -020(3-03) 1 - REV 05 1'na 845 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 ik.•emcd necrssarw by (('hcwr\tni 41 :;uppon :my credit evten:iun, lfdolin_ tar lilt_ of;hii Conp•acl, tile 6willzial c:gl:wiU of Ow bihor becomes imti paired or ns:uislitctor\ to (Che+run) in tiro sold judgment ol'Whcvnnil. advance nosh tiny mew or security sari>lacton'to (Chevron) shall be given b\' the buccr nn dcunnul b\ (('hc\ nati and sliipuients:dctieeriv, non be twithhcld until such pa\ ncnt to .,m rily is rccei\ Vd. Seller i tenni of pay'nreut are subject to chimee \i ithuur notice at life disercdoo til Seller. Any, las. dot\t toll. Ilve. impost, charge or other eNaction, or the umouni lequi\alenl thereto, and ally ince:aw Owreol' no\\ or here;iller iniposatt. levied or as.,nsed by any _o\ernLnenml authorip' upon• measured b}. incident to or as a result of the Iransact;ml> herein pl-mided fix (tither than IOQU1, stare and Federal act incam t:e,,:> mc;Lsured by the act income of tiellcr from all sources). or Clic tran.iportotioi, importation. production, manul-Cun:. us: oe o\\ncrship of the goods corned Il this y01111-a4t ;hall. '1'cullWible or pa\'able by SelE:r, ba paid by Doycr on dem;md by �clicr. \nn such pa>mems Am be in uddidotL to the prices othcnrisv provided ibr in this contraet. Bunel' st Al.s . at Shcer'r.quoa, ea:'euta and tlrlicer to seller such evriiiie tiv, or other documents it.; Seller may r.asonably require in mder u\ cnu(^h Selirr N, wvure ;til. Ia.,;esymption \\rich niu\ be a\ iilably in connection with sales or dufi\crie.s heivonder. 17 f.I��RIF,S. Product deliveries shall he made b)' Seih;r to Bu).r at the locution'.; ;pcvifivd in Eshi?il A (except us othcilOic provided in section 22 with respect to any t)iscrvtiunary Stiles).. Tide told risk kit' tu,: shall pass to Borer it the ruint of deli\eq\ into Buyer's trucks, rnilears, storme theilitien. or mhdr reecivip„ toric, If deliveries are it, be made into \ehiule; supplied bn Du\im Sellar shalt not be required to fritike such deti\erie,s iiuo ::tech \eilicles unless tile% lire cican anti ernpt\ immedialcly prior to delivery and shall not he required to lo.,d or deliver quamitirs less than the full eupavity ill' the \chicle. e:\cepi Its olheniise uuthoriled by Setter, Ildehlerics are to be mule inru Buyvr'� gorogc fneititics, buyer shall pro\ Ido stortwc laethties sufficient tri enable it to reecne such deliveries aml shall pruvide Seller with unimpeded access to mukc deli\crics ?•t hours per tim • Bun'er is responsible for ensuring that ,my \ vhieles and facilities used to rvicei\c deliveries arc in sal'a condition and that Buyer's sturale IacilitiCs can be at'veised bdl`a!y Steller shall not be obligated to make any delivery u, Ltuner that e ntnot be grade salety in Sellars itile jodgniml Bmcr shall comply vviib such rcusonable rules and regulndolrs as Seller nay establish mg,u'ding dciivcrie.i by SMvf into Fun ur's ;chicks ter storage )acuities. Orders for deliveries shall be placed bn 13un et with such athitnce notice nett in such manner ti;Solter may dccignale, rcoNa1C"TS OF INTERDS" NCidier Dancr norany direvulr. cwpioccc or anent ofBuner ibali (1) give a) orreaeive from any diractor, empIo, ce or ugetu of Seiler or its affiliates any commis,tu\n. I'ee, or rehnte. or any gilt or it rite rtainnienI of sigaiticant cost or \,-,title in eonuction with this contract. or (2) enter into an; business arrangement \\ith tiny direvtor, eni filmee or age tit of Seller or its afilIhiles (other than as a reprusentati\e til' Seller or its ulliIill Ie,.,) \v ithuilt prior writr n not to Seller, fluor :hail prorniAh natio• Seller of min Violation of this section 3 and tiny eonsideradoa rucei\cd as a result oI'such tiolation shat) be paid 0% Cr or credited to Sailer. Ann rep resell Lit I%V nuthori7ed by SvIter may audit. any and till records of Diner for die sole purpose of detenninima whether there has been compliance \lith thiltseetion 8 for up to ?•I months after lite termination of this aontraet, J. PRF.YFNTIO'J flit P(i,RFOR11ANCE:MORTAQAlr OV SUPS', There sb;dl bu nu obligation to sell or tlelir_vr. or to _ y p .�_ ls`UU� � .._i -.. .µh S pre"\e filed.. r . .�.... l . tlCClili)e Ill' I'4`41'l\re, 1'(I'C llll".lS Lllliti'! oily vlinlliict \\'I l� 11 , 1 d rn tll� 44I4nt tlt.lt. '\U4)1 tll'�t)l7nC :tl�� 1iC alndel'l'd li l' i1Ct of God. bre, riol. iabur disturbances (\vliedier involving emp)Lly'4'C3 of the purls :tNcetcd or of uthers and resirdlcss of \\liether the disuurhanvv could he settled by acceding to tile demands of a labor mroupl. accident. war. the ncis of arty government (•at.:tit% le%el. lurcign or domestiv) or ane causes beyond the raasnnmie cuntro) of the pmtn affected, whather or not similar to any of the )iite3oinu causes. Hite Ili an ititormptioti. loss or shortage of riecctsarn tac)litica or skr 61 �;. o'r'once'rtaimies in the supply.denumd situation which roan' include it decision by Seller that the costs of ionic product; which might be available ure unr, sonubie). Seller may not have suiticient supplies ofooe or more of tilt products co\cretl by thi i poutrael to meet the 11111 requirements til' Buyer. ofSeller's other ou4slomers, and ol'Sellcr ler its own use. if them is if shortage or products cleli%mibic wider this contract, Seller may allocate delivctics ot'availubfe products among Boner. Seller's other eiwontvrs (cunt -act or uthurwise. including Seller's aflitiatcs) mill Sellar Ibr its o\w use, On any basis \\hick in Seller's %rile iudgnirnr is fair and reasonable. alluvting fur such priorities its Seller deems uppngrriate.:UluvaCon is lair and rvason,rb'e cveu it' if is based on a <hontwe in the then-comernpined sources ot'supply lir it general ihortage in the supply ey.lem of Seller u: its nfliliute; ur on historical or planned dehycries. 11). Q 1. SI' UJ S I f a product spill Occurs unywherc in connection \\ itis Buyer's peril>ramnec nithis contract. Buyer,h;dl promptly notih Sellar kind the appropriate Pvcrnmental authorities and shall take immediate action to cican tip the spill and pre\em hither dmmtgv. Upon receipt of -such notification, Seiler shift have the right. at it, election. to prnyid . or cause to be pro\ ideal to Buyer such additional nianpmwr. equipment and material as in Seller's sole discretion are droned recti nuhle to complete the clean-up in a sa krIviory milliner. Buyer shall pay atilt by responsihly I'ur. unt( tluyer's indemnity obliralion ander wetiun I I of this contract Shull include all costs and espouses incurred in connection with the clean-up oprruion.. iniuding reimbursement to Seller for all of hat costs and expense-,. and all tines. charecs. ices or •judgments hnprtsed or fo ied by rine Federal. sate or lucid governmental agency as a rc,ulr ol'sutil spill c\CCpr in the Cyril the spill rcsultad snict% 1'rtnn tiny act or omission on the p.irt oi'Sellcr or Wler's employees. Product Sales Contract I Reseller) C&1.02013-08 ) RE,`v ()3 12 1-4 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 i I Iti))I?_MNIJYlioyvr ;hall indcnwiIV. 6:1en•,I and hokI harntfcs; SCIIc4;mil its afliliolc,, and Ihoir r: l)ccllt'c dironkm;. Cmpl,)yv.> aad agents. tram ;tits[ against any and all expvnays (inchn.Iing ;utuntcc li'vs1. lis hifitivi and claim± ul'%oinatiuct'Cr Lind and twiury includin- dto3e lbr damago to property OnAlkling proper(;' of 13uycr). or lite injury to or death oftint- ls,-rtoo (includitlg Ili+cr). directly ur iuldirccdy arising or allc-:vd tit arise out of ur in ante vfay comick:wd with IIIC acquisition. mora -w. handling. or u>v of any product; purchased undcr this contract, or toiih the mairtcnancc, upkeep. repair. « piacemnit or operation LA'am pr.misys u..t:d by Burcr in iunnectiun tcith this cnnuact ur :ntynhin.,. lue:ted thereon, including any act or unti;eiou of fiu%er or Mower's u•-cnt> or employecs in iinc peridnuanre of Ihi connect. or in div operatimi urany %chicle in cnmrecliun with 6m, is basin:», Thr Ibrvguiml indemnity shall not apply to the ezt:nt and Only to the %stens such vxprn C, liability ur vtaims r•: Ault 11'0111 Seller's 4411: negli tante ur tvilltid nVSCOMIUCI. I., l) i�L (AS AND (l AGIFS. In Itis cttmr.Iet. unicss othon%%is: sexed or the cimw i othen%iw rvquir,s. the Bellowing del inition; :[till u;:n!es ;rpplr: • '•Seller and i[5 afliliaivs" rocani Scllrr. it; tiltimoie parent tompan% OtOTon C'.brpuritiun, and ills' .ubsidi:u`l and altiliawd companicv of each tri Item. + '•I..S. • rul'ci:; to the United Stutci ul America. and all price: are cxpres;rd in U.S. currrtky :tad all unit; ill' nwastre mw in U,S. unit,.. -Includes" means-incltidos. but is not limited lo,- and "includirnx" ntctuts -includin_!. but net limited t(I;' o Actium permatcd ander this; contract may be taken at any tittle and from Bane to tinnc in the actor's diicrction o '-A or B- Ilwart,, -A or B or bolh. Id. APPI�I( a13V I,A\V �ND DIS!"CU RESOLUTION, this contract shall Iso <go\%:rned. cun,Mted. interpreted %mixer¢ I and t1w relutiotw betw"n tits partivs deterininud in accordtutev with the loots af'Ih state Or nhlonnia. without rvnard to it: choiee of law [ules. In the %rent it tfisptife arises wide respeet it) file interpretation or perki m, aw (it'. or the relaiton,hip treated fay. this eunlract. the ptirtic.a shelf a(Willpt in good I'aith to fe ol%c Ihv dis)nite (['such elli+r[s prole unmiceossiuh each party agrvel to von.,idor the use al' mediation. mint -trial. arbitration or other ahernatita dist+ute rc:tulution techniques prior tin rewrtin � lit Citi..ation. If mctliadun, mini -trial. arbitration ur odtce allcrnatite dispufc rc3wlution wchrtique: ire etili>ed by the parties, e;teh party agrees that no imard ur decision rowltimi therefrom shall include punit4e drn[,tges, If [he parties ave unsuccessful in tile it ?ood faith atlun)In to nihcrw ise resolve a dispute, the parties hereby irreo ucabty and unconditionally consent to submit to deo rxclu:ivc juristlivtiun of ttty court; of ultitar (i) Cottee Costa County in the Stara of C'alitixni;r or (2) the federal court, of Qtr'Northern District of California. lilr way actions. iuit.: or proecedimg.i arising out of or reknhng a) this contract (and tlty parties each warcu ant to etimntance arty action. suit or proceeding relating thereto in such %hurts) 1a,pC [C_; }R :�(,i�I ENIF.\TS: `l'A,N_ 1 R: IitMEIC" 11 QN5. 'Phis contract canMimics file entire at!raement of' tilt: pmties lath respect to its subject matter and wrrriinutcs and supirscdes any prior agreement. undarstandimg rapresrntutiun. or propo>ul relatin.., to the salc by Seiler of"products to Buyer ul the dulhcn locmiuns specilwd in L%hibit A or ancillary Diicretionmy Safci cnatemplated by section 22. Waiver by Seiler or Buyer okine or more breaehe, ul'this contract shall not he doomed alt be a aii\er of any uthcr or continuing brach. No nnndification ol'this contraa and nn t%ai%er of tiny of its proviiiimm. shall ba C7atdirt'on SCCtc'rnr"11it'c4rutlfs 'iii tv'ritiita iiid t nLrl`hj 5if rirtl°Ftuc'Wr:` 15. tir1CCGiCitLl't1'. If any pro%tshn or this contract %hall be adiudkad im•atid or umntbrceablc by a court at' contpatvnt ,Ittristliction or h} operation ol'am applicihie low, such provision shall be <kumed omitted and the r.tnahaing provisions shall romain in Cull force and efi'ert. 16. SIS S. Buyer ucknuwluol,cs rcreipl al't�latcrial Sal y 17a1u Sheets (415C)51 12tr a!1 products covered i)y this cuatrart. 17- 12, \,%j .1G". In no eo cat shall SCllct be liable Car any special. indirect or conwLitientia) dantacas uf;my kind including loss of prothi. IOSi tit' uqt: m• claims oi' [foyer's customers duc hr loss of sen'ice wh.i[Itur the dalringes are based in contract tit tort (including irgltvxtnec or itrici liability) or ntherwise. Bu\er'i exclusise remedy for any and till lases of d:unn!:es resulting I•rom the purchase orproducti under this contract. including. but not limited tit. any alteration tit' breach ufwarranty. breach oC contract. ii"It este or :aria nubility, shall be hooted, at Duycr's ortion. to either file return of the purchase price or file replacement of the lines for which a claim is proved. 18 ltitil K\ j( j A\> Ti UCLF(:\'ll(7y. This contract is perional to (layer and Oliver shall ant. subject n) nay valid raquironcrils of am applicable sono[%. n55ign any right, or dvIcume any duties that Biter nary have tinder this %unrolm either tnitmliril%. imohuotarily or Ity operniun of law, or oth tr kc. without file prior wriuva consent of Seller. It' Liu%cr is a corpitratlhnl, may sale. conwryauce. ulienadon, waisli-r or other change or interest int or title to or beneficial owner%,hip of SO percent or more ol'the %'inlet stuck (tit securities convertible into 31) percent or more of the rutinq stack) of'l3wer. either voluntarily, involuntarily, by�operatiun of lett. merger or other Corporate proceedings, or otherwise, shalt he construed -tis an - atimenment of Bu%ers rights undcr ibis Contract. 'Scllrr may as;sign any oC it: rights or dcheeaic tiny til' ils dutie, undo it CttntraeI %%ithuuI Lon'er's cunscnt. Product Sales Contract iRcycllerl C&1.0-10(3.081 i{ E \' 05 1 1';14 847 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 to be +'i, -_u ulld, I llli con nr• .ha;r x i': r ,,1 , y; l ra I`..t . c �r :r t...; '11. atliu' p:u'It at the al�pr+q,n.u; ;i,;Jr_�,,:. ;pac i;icd w I \h;itil �1. ,:r ;It >„�Ii t�{t;vr ,i, i,lic,:. ,t� citb•:r i�,trt; ntat tit•-,i2n,u� h,, 1', r'iilrn nulice ht {l'.c tn!n,`r � t�tiu:, .hail he efl;ctita ,u tint..+rr,c:ipi ? I'f.1:\11\ \;fI )\. "cllcr ant Okt ,.,r <hall Im\ t tht ri;;ht to t:n ii t.ily Oil, vows - o :it :ut; tints tvrilmll .,,wc upon ', irw (hc nils parr ,it 1..1;1 .in la%, liru;l' 141'Ina ntlllo Ul, t,rminitwil Icr1111nanUll ill`lhir cUttwivi ;hili nVl rcllc%c tic o" n::pon;ihilit% Cor oNivatiun.+ ineuri d prior AI io-mination. 11' Scllvr continues it, a.ccrt urd:n< li'Ui0 Liu\er lilr the prntluc + coNai:d h; this contr.lrt G,Ilclttin-i cNprwion or ih-, Icnn o1 ilik conmwi, ,uch s,i.s .hill he upon ,11 ol` (he wren, 11,1 CoIIdition; af'ihi: conira_tt pro, trial Iat ;uch aalci shall not L,, c•nn,"+«I,:) t, xe 1 r.nc•,,nl of Illi, enclJ 1:1 I'.. n1?cIA:4m t, ` h%% or with rtti.,. Icr a ,rruva Ih;n a Ila, Ude to tit,: pav acts su d uot,tat ihi, comm i t. FNf. 1i' I Alli 01111 F(\\ ISL' PR., IVIDI'.D 1\ 7IR I-ORtGt71V(}5P,ILV'CL :A`,D IN II -IL' l•II(\I srN,rt.vCE uF srr,'rli)V {;Ir TFII'iCCIv,7I,,wr. Bi. A'ER \t'K\.n\\LFD it's V,,D NFAVIIIN' At.'C'F.PI'S M\T \UA.I.LK (:\PI;C'��,Ll IWsk' .'I..\I\li VO \\il \IL (kIIIFi. \\ \RR\'\IIF'), t"tP I I1SS OR 1\1!'1.11;171\(`LLDIV., III IIiitIt, r LI\11I'.\ 1liIV..\NY.\\D.\tI. 11 \K141.1\IiFSlttr \IIiRC II\\I'Ni Rllll"t 0R FII'\BIN FOR r\ PAR 'FlCLLAR PI 810,41 1\D \'•t1` M1%RI1\\t'IER.15I\f., FR,(I\I 1\1' CUURSE. OF DEAl. IV1 0R US, NNU OF TR -1, DF. i)l�t Rt11(?tiLR1 iI,FS, Sciirr alld Hu}cl ina� (but ary nni uhii^.zu,:d tut vu .t;pa in tiaic u':m<avt'un_+ lirr prachtcta or dvit,l"< InwtU,m,• nisi sreolied in Lvhitit r1 V11Icsacticnm7 `S'al,:i-i t ides, oth,nviw mgrccd It, in WrOng b; ti,ll:r anti 81t*Nvr, ;m\ Di.?m:110 mirr `ales siall hm r daccd mads •'tutd,r thin vriluricl" and mit it; farm,. v\cvrt 01.1t TIN ypccilic prntloct.t, p`ce., civaoulics. and clrl t,:n Incali7n., lilr Di,,cretiot ar; S,dea shall he x, ilmtuall; agrad i poll b; !iella and Ila; or Im vach sech tran:+action. 7 by quandtica of prnduct, sc,lo in Divctctiunat, .ti:d,:a +ir)l ani cntnit at ,,Ai,q the ni%lint'tni u( nt;ltimunt wiltmv:;,pecifiucl in F.\hibit.\. (. he. raft prndt� nntptutp. - :\itltrn4� In FUcI Ces)t1n d Joht son. Manager, Cff)(1101-6o- PrraduCIS Support Prodt;ct ',.ties (i,wtm,:t (Resit,) PORI (`ON'NoL II)1 F'O 1"V C8.1.010( 3.031 8174 O? I'_ I i . 1 . DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Chevron V\111111T 1 Exhibit A - RFP E-03-22 .rr%N ChLVYdn r %1 t-��.lr FarnNy c�E ;;rand^; Jlininmm Nla%intum 1)1IT DiiT iuppll llcli%et7 Deliver Prig Pritin� prutiuct �nmc 1'niume Gn01on 1 alumc (;.Ilton Giem fl�cd Y. Location Jlatie per ;11011113 per MonthDescription Prut i,iun islgah O"'A ai) (02'Tnwk Unbranded ) L 1.5 '_75.COO 2 3 A CIiF'r R�r d CI. ,NV DFi -13n!)oo 14'1 F1' LAUOI:RD•\t.F 'LR\I Trutk t'. 1: nbcAU'O LAS ilded ) 1130QCAr1 i t 7r}3X:n 21 FI CFtF ,,OW Ct1NV DF` .1 ('1111-AtM) FL TR�t CAM) 1 147 KINDER NIORG \V Truck (Unbrandoh ULS C 116.667 11.'+.333 1CAP8 CSO-Li5 DI'' Pricing Provisions: 1. OPI$ CA CAR= OPIS Prior Dray California Cap -At -Rack Assessment for Motor Gasollre (CTS/GAL). During periods when OPISpublishes CAR quotes for both summer and winter grades. Chevron will use the quote for the newer season. 2. OPTS CA CAR= OPIS PriorDay Califomia Cap -At -Rack Assessment for Motor Gasoline (CTS/GAL). During periods when OPTS publishes CAR quotes for both summer and winter grades, Chevron will use the quote for the newer season. OPTS CA LCFS = OPiS Prior Day California Law Carbon Fuel Standard for Motor Gasoline (CTS/GAQ. 4. '1 he pereailon price %rbich BoNer shill pa% Seller ler 11RLIDUCT VANIE delioered to the DFL IVLRY LOCATION shall tic cstahlisl;ii0i'r the data 7NOiNen using prior tim pricing hnscii on i'MU DESCMPTC(N phi+ DII'F• Tlu: price abote does not tetlect applicable taxes and doer nuencd lass. %hich %ill be added to the final invoice unicss declurud as cwtupt b% the Tiut er. Far Pl.itt's lir l71'IS-bast;; priciri,2. it'pricinu includes da�(s) an a %tekericl or holiday an %tiich the market is tlasetL pricing %ill Ire ealcukucd us inL the prior mlendar dad' on %%)rich tilt market is opco. Natice.Addresses, Sella! utl) er. Charon Products Lompany PORTCONSOLiD 111 D I\C Anw Brian ( nomas. General Nturn;-cr At1n.Doo Carlton _______�_-----lJi�_Lt�ui,i,tltn.Stresa—��.—._—�_._.._._—.3-i�.LSt_id't'ti�J\•'ti\UL'._ __ ___..._ -- 11lowtrnt ,15 77002 FF. LAUC)E ROALE- 1:1, 33316 ;SNI I I'D Sl'•\ 4 ES Lis tai; (502)420.7041 Tel: (300) 633.5823 m 233 Producl Sales Contract (Reseller) CR.1-0201 3.08 I REV 0 A 1'_ 14 849 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A- RFP E-03-22 Product Sales Contract (Reseller) m CACI-030(;•03) REV U 1311-1 850 DocuSign Envelope ID: C327F0D0-D8DF-4343-135Dl3-90853D1 ED8AA s energy Ind,go PETROLMM PRODUCT SALE AGREEMENT [Unbranded-Terni-Rnekl Exhibit A - RFP E-03-22 This Petroleum Product Sale,-Igreemenf ("A-reenjent"), dated to be effective as or October 1, a ?016 (the "LJJeetive Date"), is entered into by and between PORT CONSOLIDATED, INC, a Florida Corporation ("Buyer"), and INDIGO ENERGY PARTNERS, LLC, a Georgia limited liability company ("Seller"). Each of Buyer and Seller is referred to herein individually as a "Parry" and collectively, as the "Parties." 1. Term. The term of this Agreement (the "Term"), shall be from the Effective Date through September 30, 2017 (the "L'xpiraflan Date"). 2. Purchase. " irchase and Sale. Seller agrees to sell and deliver to Buyer, and Buyer agrees to purchase find receive from Seller, the product or products described on Exhibit A (collectively, the "Prottuets", and each individually, a "Product"). in accordance with the terms and provisions of this Agreement. Seller's obligations Linder this Agreement are expressly conditioned upon Buyer satisfying Seller's credit and other financial requirements, 3. General Terms and Conditions. Tile general terms and conditions set forth on the attached Exhibit B are incorporated herein for all purposes, 4. Volume Recluiremen!s; DeliyM..Point. Exhibit A attached hereto and made a part hereof designates the monthly ratable volumes (tile "Mottilt1j, Volume"), and total aggregate gallons (tile '70al Volume") of each Product that Buyer has agreed to purchase tinder this Agreement, and further designates the location (each, a "Delivery Point") where each Product will be delivered FCA to Buyer. During each calendar mouth during the Term, Seller agrees to sell, and Buyer agrees to purchase, not less than 90% and not more than 1.10'% or the Monthly Volume at each Delivery Point (the "Valuate Range"), which shall be ratable on a daily and weekly basis, and Buyer will not be allowed to purchase from Seller, and Seller will not be required to sell to Buyer, more than 110% of the ratable weekly portions of, or more than 110% of the ratable daily portions of the Monthly Volume. The volume of Product purchased wilt be determined solely by the 111101111t set forth on the net bill of lading generated it the Delivery Point. The Monthly Volume may be adjusted from time to time upon mutual agreement; provided, however, in such case a formal amendment to this Agreement is not necessary. 5, Price and P1yq1elit. Buyer agrees to pay Seller, at the prices specified therefor on E ' xhibit A (tile '"Price"'), for all Products purchased under this Agreement within ten (10) days after the date of the relevant bill or lading. Notwithstanding anything to the contrary contained herein, or contained in any other agreement between the Parties, Buyer shall pay to Seller on demand amounts equivalent to any and all, (collectively, the "Fees "): Taxes, duties, charges, and fees, and any and all increases thereon which are now or hereafter imposed, directly or indirectly, on, against, in respect of, or measured by the Products, or any material contained in the Products, or the inspection, production, manufacture, sale, purchase, storage, transportation, delivery, or other handling of the Products or material contained in the Products, or any feature thereof, or otherwise relating to this Agreement. Fees are not included in the Price and will be billed as a separate line item on each invoice. 6. Termination. This Agreement may be terminated by either party upon thirty (30) days written notice. 7. LRZitabili�. In addition to any other rights that Seller may have under this Agreement as a result of Buyer's failure to purchase Products within the Volume Range, if Buyer fails to purchase at least 851 � DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A - RFP E-03-22 90",u ' of the N1011thly VOILMIC for a _given Product at a given Delivery Point, tit Seller's sole discretion, upon written notice to Buyer (the " Underlij? Notice"), Seller may reduce the Monthly Volume thereafter required to be sold and delivered by Seller to Buyer to the actual arnount purchased by Buyer (the '.AdjusIedjVIonthIjj Volume-), which amount will be stated in the Underlift Notice, 9. Miscellaneous. a. Notices. All notices required by, permitted by or otherwise related to this Agreement shall be in writing and sent by facsimile, overnight courier, [land, registered or certified mail, return receipt requested with all postage hilly paid to the relevant Party at the address set forth below the signaurre block- below. A Party may change or provide additional notice information to the other by giving notice in accordance with this section, A notice shall be deemed to have been received by a Party: (i) if delivered by hand or sent by overnight courier, oil the day of delivery if a Business Day, or if not a Z� Business Day, on the immediately following Business Day, (ii) if sent by registered or certified nind, retrim receipt requested, on the (late of receipt, and (iii) if transmitted by facsimile, at the time of transmission with answer back confirmation of receipt. b. Counterparts; Facsimile Signatures. The Parties may execute this Agreement in multiple counterparts, each of which constitutes an original, inal, and all of which, collectively, constitute only one z agreement. The signatures of all of the Parties need not appear on the same counterpart, and delivery of an CXCCLItcd enumterpart shmature page by facsimile or electronically scanned transmitral (including via electronic mail in portable document format) is effective execution for all purposes under this Agreement. [signatures corn mence onjbllowin,�r page] 40055 OIN 2 852 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit A - RFP E-03-22 BLIYCI- ',111d Seller 11',IVe CXeCtItCd this Agreement to be effective for all purposes ,is of the Ertmive Date. BUYER: I LU—Q&l U1,11 Notice to Buver: Port Consolidated, Inc. Attn: Don Carlton P,O. Box 350430 Fon Lauderdale, FL 33335-0430 Fax: (954) 51-7-1191 N005i,rn -' SELLER: INDIGO ENERGY PARTNERS, LLC By, Name: David Mansfield Title: Director of Sales Notice to Seller: Indigo Energy Partners, LLC Attn: 46kt�,Ht4er David Mansfield P,O. Box 2535 Gainesville, GA 30005 Fa.-,: (678) 929-4925 fSigumure Page to Petroleum Product Sale Agreement] 853 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA EXHIBIT A --;I O PETROLEUM PRODUCT SALE AGREEMENT Certain Definitions: Exhibit A - RFP E-03-22 I)LATTS == Platt's Oiluram Price Report. Same Day Quote for the day ut'delivery, ewepr for weekend or holiday days, for wlijch the most recently publiNlied relevant quore will apply Delivery Point Product Prim Per Gallon Volume Month (in Gallons) JOI 3 — US10454-41-PRT Lvgds FL -NUT Depot GN ?AV 2D (S-15 IINNO OCT 1.050000 NOV 1,050.000 DEC 1,050,000 JAN 1,W0,000 FE B 1.050.000 MAR 1.050.000 APR 1,050,000 G.14 NR 2D (S -IS PPINl)-DYED 1 1 NIAY 1 .050,000 JUN 1.050,000 JUL 1,050,000 AUG I,Oio,000 SEP 1,050,000 1 Total I 12.600.00 Seller may increase these adders during the Term if and to the extent that Seller's actual secondary costs increase after the Effective Date, but must give Buyer at least 30 days' notice of any changes before Choy become effective, [End of Exhibit A] 8j)0i_jo7k` 854 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* A"A01401*V LaAlConsolidated 3141 SE 14th Ave. - RO. Box 350430 Ft. Lauderdale, FL 33335 Phone: (954) 522-1182 Fax: (954) 527-1191 Toll Free: (800) 683-5823 January 12,ZO17 Jeff English City nfPompano Beach 1190 NE 3rd Avenue Building Pompano Beach, FL]3O6D Exhibit A - RFP E-03-22 Obligations of Co -Op Participants — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP nearMr.EngUsh: Per the terms of the RFP, the following is a brief description of the obligations of the Co-op participants. 1 All Participants' storage tanks must be registered accordingly with all local code enforcement agencies. 2. Participating agencies can order fuel Monday through Friday from 7:38AKxto5:00PM. 3. Orders will beaccepted via phone, fax, ore'maii Automatic deliveries and/or weekly top -offs are recommended for tankwagon deliveries. 4. Orders in by 3 PIVI are guaranteed next day service. 5. Port Consolidated expects Co-op participates kopay within the defined terms ofthe agreement. Failure Lodosomay result inrefusal ofservice, 6. Port Consolidated does not [lave volume purchase requirements for participating agencies. However, if an agency does not purchase product on a regular basis, we cannot guarantee Supply during an emergency Situation, Should you or the City of Pompano Beach Purchasing Division have any questions an this proposal, please feel free b»contact meatany time, � | President Miami - Ft. Lauderdale - West Palm Beach - Ft.Piarca - Orlando - Jacksonville - lampa 855 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* onsolidated (PTW 3141 SE 14th Ave. - P.O. Box 350430 Ft. Lauderdale, FL 33335 Phone: (954) 522-1182 Fax: (954) 527119/ Toll Free: (800) 683-5823 January 12,ZD17 Jeff English City ofPompano Beach 1l90NE3rd Avenue Building Pompano Beach, FL33O6O Exhibit A - RFP E-03-22 Contingency Plan of Action — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP Dear Mr, English: Per the terms of the RFP, the following is a brief description of our Contingency Plan of Action. 1. Port Consolidated has contracted with 3 different suppliers |n Port Everglades for approximately 4 million gallons per month Vfdiesel and 8Z5Kgallons per month ofgasoline. 2. Port Consolidated has contracted with 2 different suppliers in the Port of Tampa and Orlando for approximately 2.25 million gallons per month of diesel and 375K gallons per month of gasoline. 3. Port Consolidated also has active accounts in Port Everglades with 7 other suppliers, 4, Port Consolidated operates 13 different petroleum storage facilities in Florida that can hold up to 3 million gallons ofproduct. 5� Port Consolidated has more rolling assets than any supplier in the State of Florida. We have the ability to shift those assets from one market to another depending on where the emergency needs arise. G. Port Consolidated fills any/all petroleum storage available throughout its network prior to any named storm. This storage capacity will allow us continuous operation while the other terminals are not releasing product. 7. Port Consolidated operates offices throughout the State ofFlorida. We have computer servers stored atahurricane proof facility inDade County. Our office can function from any one ofour 9offices throughout the State. 8. Port Consolidated has 6 satellite phones to utilize during times of crisis when AT&T is not operating. 9. Port Consolidated has a fleet of mobile generators in stock to position at any of our locations that may experience apower outage. Miami - Ftloudardalo - Ward Palm Bpach - H.Plerce , Orlando - Jack%onv)lle - Tampa EM oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Lopeonsolidatecd 3141 SE 14th Ave. - P.O. Box 350430 Ft. Lauderdale, FL 33335 Phone: (954) 522-1182 Fax: (95*) 527-1191 Toll Free: (800)683-5823 Exhibit A - RFP E-03-22 10. Port Consolidated operates 6different Cardlock facilities (private fueling stations) thmughuuttheTri- County area. These facilities are not open to the public. They do require card activation through the CFN 11, Port Consolidated has the ability to pull product from all other Florida Ports should Port Everglades become incapacitated. Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel free tocontact meatany time. Miarnl - A.Laudeidale - West Palm Beach - H.Plerce - Orlando - Jacksonville - Tampa 857 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A - RFP E-03-22 COMPLETE THE PROPOSER INFORMATION FORM ON THE ATTACHMENTS TAB IN THE EBID SYSTEM. PROPOSERS ARE TO COMPLETE FORM IN ITS ENTIRITY AND INCLUDE THE FORM IN YOUR PROPOSAL THAT MUST BE UPLOADED TO THE RESPONSE ATTACHMENTS TAB FOR THE RFP IN THE EBID SYSTEM. PROPOSER INFORMATION PAGE RFP E-13-17 1 unleaded Gasoline and Diesel Fuel for Southeast Florida Purchasing Cooperative Group (number) (RFP name) To: The City of Pompano Beach, Florida The below named company hereby agrees to furnish the proposed services under the terms stated subject to all instructions, terms, conditions, specifications, addenda, legal advertisement, and conditions contained in the RFP. I have read the RFP and all attachments, including the specifications, and fully understand what is required. By submitting this proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this proposal. Proposal submitted by: Name (printed) Don Carlton Title President Company (Legal Registered) Port Consolidated Federal Tax Identification Number 59-1173292 Address 3141 Se 14th Ave. City/State/Zip Fort Lauderdale, FL 33316 Telephone No, 800-683-5823 Fax No. 954-527-1191 Email Addressdcariton@portconsolidated.com L.M., DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A - RFP E-03-22 RFP E-13-17 UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEALST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP ATTACHMENT "A" SPECIFICATIONS & REQUIREMENTS The table included in Attachment "B" provides information from each Participating Agency as regards the size, type and location of fuel storage tanks and their estimated nionth1j, usage of the various fuels included in this Request for Proposals. 1. SPECIFICATIONS 1.1 Successful Proposer will sell to all participating ag licies the following products (the e "Products"): 0 "Ultra Low S1.1111ir diesel": No. 2 Ultra Low SLIK11", on -road, clear, taxable diesel fuel per ASTM D975 -08a specifications. or latest revision, 0 "Ethanol Gasoline": 10% Ethanol blended gasoline per ASTM D4914 -07b specifications, or latest revision. 1.2 Additional, Optional Fuel PrOCILIOS: 0 Midrange Unleaded Gasoline: Minimum Octane of 89.0 0 [JltraLOW Sulfur 42tied Dye Diesel • "5% Biodiesel fuel": Ultra LOW Sulfur 5% Biodiesel blended ftiel, oil -road, clear, taxable diesel Fuel. The 13100 will conform to ASTM D6751-08 or latest revision. e "20%Biodiesel l'Liel": Ultra Law Sulfur 20%Biodiesel blended ftlel,on-road, cleat-, taxable diesel ftiel. The B100 will conform to ASTM D6751-08 or latest revision. 0 E85 FLICI Ethanol: Shall conform to the chemical and physical standards for ftlel Ethanol as set forth in the ASTM International Designation D5798-99,"Stalidard specification for fuel Ethanol (Ed 75-Ed85) for Automotive Spark -Ignition Engines". 1.3 The products supplied as a result Of this Request for Proposals MUSt CO[IFOI-111 to the specifications or the State of Florida and comply with all Federal, State and local laws and regulations as applicable on date of delivery. Page I of 9 859 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* 2. PRICING METHODOLOGY: Exhibit A - RFP E-03-22 2.1 Prices proposed are to be P.0.13. delivered expressed uxa positive ornegative differential from the applicable daily OMS price published in dbc'D9|S Contract 8cnchmurkFi|r~ as described herein for the t1afe of ilefivery of protlact to the PuUicipubnoAgency and are exc|uoivC of all Pcdcn`|` 8\utc and County Excise taxes and fees. Any other applicable iuxcx and teon y(m(| be added at the time of invoicing. See Paragraph l TAXES. Iteril Description Transport Delivery Tankwagon Delivery No. Differential Proposed Differential Proposed ----per gallon* pergallon* 1 87 Octane Unleaded $ 7 LOW Sulfur Additional Delivery Charge for Deliveries bevond 30 mile radius of'Port Everglades only. initial contract period and any reneNval period. Note: If Your proposal iscontingent oil your firm being awarded mcontract for all products and all delivery methods, Proposer MUSt indicate this condition in the proposal response. 22 pricing of Unleaded 07 Octane Gasoline is to be proposed using �c following nncibodu|ngy: Daily Published OPISGross CBOB EY8o/olJ0% Unleaded Price (For the applicable Reid Vapor Pressure - RVP oil the date of delivery of product at the rack) Pitts Positive nrNe�� u�c differential proposed for 87 Octane Unleaded on Proposal Form,Paragraph 6. (Differential to be constant regardless of tile applicable RVP,) 2.3 Pricing of Ultra Low Sulfur Diesel 42 is to be proposed using the following Daily Published 0P|S Gross U\bu Low Sulfur Distillate No. 2 page 2 of 9 1: oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Exhibit A - RFP E-03-22 Positive or Negative differential proposed for Diesel Fuel 42 Ultra Lo* Su\Dx on Proposal Form, Paragraph 6. 2.4 The price proposed with di[fenmdn| shall include dne vendor's cost nfproducL vendor's profit, dlc coot of delivery within n 30 mile radius of Port Everglades, and any and all other costs. A |ump uum`uddkiono| delivery charge only applicable to deliveries beyond othirty (3O) mile radius oFPort Everglades may bcproposed oil the pricing sheet. Within the thirty (3O)mile radius oFPort Everglades the proposed costs nnuxi include delivery regardless ofthe actual varying road rni|cs required to be driven to nnokcdeliveries within that radius to each tank location. The differential proposed for Unleaded Gasoline and periods.Diesel Fuel or any additional fuel oroducts shall not change during the initial term of the contract or any renewal No other charges shall be uddcd. Differential must be expressed in dollars and/or cents per gallon. 2.5 The selected proposer aheU advise the Lead Agency of all nvui|oh|c Federal or State credits and discounts avoi|o6k: on all fuel types being Purchased he,ein. Thc selected proposer shall apply all applicable credits and discounts to the price charged to the Co-Cip and identify and reflect dlc diS«ount. nn the applicable invoices, (Note: ihe upp|ioob!c credits and discounts will be incorporated after award and ohuU not be reflected in tho Price proposal Gchcdu\e,) 2.6 Alternative Fuels Considering the dmumiu nature o[fue\ technology and the growing demand for alternative fuels, the C*01) reserves the right Nadd any alternative fuel to the fuel types required. When ouoh u need ohaco, the [b-Oo shall contact the selected Proposer to determine i[the selected proposer has the ability toprovide orobtain the ulk:cnnhve [uc[ The Cu -Op shall provide ihe yc\cctrd Proposer with )nD/nnation on the Duc\ type, i|lc technical specifications of the fuel, the acceptable operating porn/nc1c,s, the cs\inoaind quantities, delivery requirements, and any other rc\cvunL information uvoUuh\c. The ac\uctcd proposer mhu|i submit u written price offer for the aupp|y of tile alternative fuel for the Co-Op`srev icwand approval, Bowcver. ([the oc|cck:d proposer is uoob|c to supply the alternative fuel type, or the Co - Op does not accept the ycico(cdpruposcr`o price offer, the Co'Opsho|\ have tile right to purchase the alternative fuel elsewhere. 2.7 Additional Fuel Products: Proposers IMSubmit under u scpn,uic cover price proposal on the KoUuwing fuels. Proposers muut ouiline \hc Pricing Methodology for each additional fuel product proposed. Itern No. Description I Midranue Unleaded 89 Octane 2 Recreational Unleaded 90 Octane 861 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* 4. Exhibit A - RFP E-03-22 3.1 Tile agencies listed herein are couo6es, municipalities or Subdivisions of the State or Florida and are exempt from Federal Gasoline and D\csc| (ezcimc)Road taxes and Florida Sales rax. ).2 Proposals will beconsidered only From Proposers who do not reqUit-C the payment ofthese taxes. 4.1 The City reserves the right, based on onu(ua| agreement With tile suocCxsDll proposer, to mubshkdc an o\tcnnde method for price ndUuybnent for specified, negotiated period ofhmcif: A. An interrUpti011 in the OP|S index is experienced beyond existing sdneduhd holidays (independence Day, Christmas, etc.), or D. The listing of prices for the OP|9 Index are iNcnmoted or modified to a de�ee Which wou)d require o|hcmLion or thc computation Fonnu\m to determine a fair price, or (1, 'rhe use of the OPIS Index prices becomes non -representative orthe market, D. The Successful Proposer provides clear and convincing proof that market conditions Unrelated to the OP|S Index have been muLc,luUy a|\cod from those that existed at the time of award or renewal or contract. 8uch proof may consist o[contracts With yupp\iers.invoices orpublished indexes, etc. 42 'rhe City may, |[dcerned to be in the City's Lest interest, elect to modify tile pricing methodology in �i�uohnnm l�y0rd above �ndnr following uain� any ooiionaUy recognized, pUblished benchmark or index. The Onn markup ordiycouot will include dhc vendor's cost of prOdLICt, profit, delivery costs and any other costs. 'rhe firm markup or discount for Unleaded Gasoline or Diesel amendment.shall not change dLlrill�-Ir the negotiated term of tile contract Noother charges Page 4 of 9 862 3 LTI—tra -Low SLIffill' #2 Red Dye Diesel 4 Biodiesel Fuel B5 5 Biodiesel Fuel B20 Exhibit A - RFP E-03-22 3.1 Tile agencies listed herein are couo6es, municipalities or Subdivisions of the State or Florida and are exempt from Federal Gasoline and D\csc| (ezcimc)Road taxes and Florida Sales rax. ).2 Proposals will beconsidered only From Proposers who do not reqUit-C the payment ofthese taxes. 4.1 The City reserves the right, based on onu(ua| agreement With tile suocCxsDll proposer, to mubshkdc an o\tcnnde method for price ndUuybnent for specified, negotiated period ofhmcif: A. An interrUpti011 in the OP|S index is experienced beyond existing sdneduhd holidays (independence Day, Christmas, etc.), or D. The listing of prices for the OP|9 Index are iNcnmoted or modified to a de�ee Which wou)d require o|hcmLion or thc computation Fonnu\m to determine a fair price, or (1, 'rhe use of the OPIS Index prices becomes non -representative orthe market, D. The Successful Proposer provides clear and convincing proof that market conditions Unrelated to the OP|S Index have been muLc,luUy a|\cod from those that existed at the time of award or renewal or contract. 8uch proof may consist o[contracts With yupp\iers.invoices orpublished indexes, etc. 42 'rhe City may, |[dcerned to be in the City's Lest interest, elect to modify tile pricing methodology in �i�uohnnm l�y0rd above �ndnr following uain� any ooiionaUy recognized, pUblished benchmark or index. The Onn markup ordiycouot will include dhc vendor's cost of prOdLICt, profit, delivery costs and any other costs. 'rhe firm markup or discount for Unleaded Gasoline or Diesel amendment.shall not change dLlrill�-Ir the negotiated term of tile contract Noother charges Page 4 of 9 862 oo"u3ignEnvelope |o:oazrp000+DouF-Exhibit ' 4 RFP E-03-22 4.3 The City may also negotiate a per transport or tank u/uyon deliver), surcharge, if market conditions necessitate such a solution. 4.4 If it is determined by the City to be in its best interest to SUbstitUte an alternate rnethod for price uJiudment as specified above, the contractor(s) will be notified thirty (}U) days prior in the cMtohvc date for the o|Lenno0c u/Uuotmcni. If an alternate price uJiuoinlcnt method is not acceptable to oU u*oo]ed contractor(s), the City may cancel this contract in whole or in part by giving the contractor(s) ninety (90) days prior written notice. 5. INVOICING 5.1 All invoices shall be provided to each participating, agency via on electronic method within tvcruy-bOUr(24)houon[datcnfdelivery nfproduct. Each invoice shall reference the date of the applicable published OPIS price for that day with the appropriate differential as per the contract. SuoceysK/| proposer shall list ocpnmtdy on invoice each individuo|non-exempt tax/fee and the umountu[thcdifferential. 0. ORDERING & PAYMENT: 6] Each participating governmental agency will, based onthe award ofcontract made bythe Lead Agency and with the same prices, \cnna, and conditions establish its own contract with the ouoccosyul proposer(s) in u manner acceptable to the suoocsshu| proposer; will ixouc its own purchase orders; will require separate bU|io� and v,iU imoc its own tux exemption certificates osrrquircdhythe sucoeuuIL|\proposer. 6.2 The City of Pompano Beach Purchasing Division will fturnish a copy of proposers list and onyo|herin[bnnuiionaubnnittcdwhhihcpruposu|xiouUporticipo6ngogcncico. 6.3 Payment will be noodc 6n each Purtickpn//igA,gm/g` within fifteen (15) calendar days h.unn delivery ofprudunt at Participating Agencies location via *in: transfer to seller's oocountoDd bank, asindicated on the invoice. 0.4 It is undemtoud and u�occd that �h� City o[yumpunn Beach is not u |c�o||y bound party to onycontmc\uo| agreement made between any other agency and the auccemnftU proposer as uroouko[this Kcqueo\ for Proposals. 6.5 &0cc uvvord o[cnntmct(s) to aucccymfu\ proposer(s) the City vc*crvcs the right to imouc puohuscunJem in accordance with the terms ofthis contract. 7. Reporting Requirements The selected Proposer shall oubnndtothe Lead Agency aFmel puruhna\ng Report onomonthly basis. The fuel Purchasing Report shall ino|ude ftie| volume totals by fuc| type for each participating agency. The report ahu|| also include 4 ^^GouodTntm[` (year. -to -date) fuel vo|ume for all Participating Agencies for each fuel (ypc. The roquin:dfields are the following-, ° Reporting Period (specify month) Page 5 of 9 863 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Exhibit A - RFP E-03-22 * Delivery vo|umc (do not rouod off reported vo|ume unlOx/nLs. x\\o* vo|umes to be reported Lip i000many dccimu|places uanrcdcd). w Subtotal voIumc (per fuel type for each Participating Agency) * [umo|u|ivrToto| Vok/mc Year to Date (per [uo| typo for all Participating Agcnciey) * Note ,qnnding f1/e| types: report mug opcui[v the ethanol and hiodionc) blend being delivered. The Fuc\ Pordhosing Report sboU be sent in electronic format (Excel [orn niprcferrcd)viacmui\ 8. DELIVERY REQUIREMENTS 9. For thc purpuuex of this section the icnn Cooizr ohoU nnemn the Seller or all independent contractor hire([ by the Seller for the delivery offuel to the Participating Agencies. Q.} LEGAL REQUIREMENTS: A. Federal, Sk4r CnuotV, ond |ncu} laws, ordinances, rules and regulations that in any manner, affect the terms covered herein apply. Luck of knowledge by Carrier shall in on way be u cause for rc|ic[hom responsibility. The Cun\cr xhuU strictly comply with Fcdc,oL S|oiu and Local buiNin, and xu&|y codes. Equipment xhoU mcci all Sioir and Fcdscu| Safety B. The Cuoic, in, and shall be, in (ho purfbnnonoc of all work, mc,vices, and activities undcr the /\grconcnL an Independent Contractor and not anemployee, agent, orservant o[any Participating Agency. All persons engaged in any oftile work orservices performed pursuant to this CouLooc| shall at all times, and in all places, be ou6\cci to dlc Carrier's mo|c direction, xupervision,and control. The Carrier shall exercise control over tile means and manner in which it and its employees perform tile work and in all respects the Carrier's re\oiionuhip, and the relationship of its employees, to any Participating Agency ohu|| hcthat ofun independent contractor and not as employees oragents of any Participating Agency. C. Carrier shall provide ucopy of all applicable Certificates ofCompetency issued by dle State of Florida in dhe name or tile Carrier. It shall also be the responsibility o[the Carrier io aubnnb prior to comnlcnceonen1 of xmdk u cunrnt Occupational License and all permits required to complete this cnnimciuu| service at no additional cod. It is tile responsibility of the Carrier to cn»urc that all vuCIuirrd certifications, |iccnaom and pcnni{a are onnio|uinod in force and A. Delivery shall be required within twenty-four (24) hours unless all alternate delivery date has Page 6 of 9 tn 864 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* Exhibit A - RFP E-03-22 H. Daily orders shall be placed bvc-rnui| fi,orn o participating agency representative bv 10:00 a.m., Monday through Friday. C. Dc|ivchca shall be made within 24 1101.11-s of' order placement un!csa the participating agency specifically requests ndhcnviac as indicated on the order, in which case, requested delivery date and time shall become the rcquircddelivery time, D. 0,dcm placed on Friday shall be delivered no later than 5]30pxn.the following Monday, un\rss dle portiuipodnQ agency specifically rcqucxb odbcnvisc, in which case,, requested delivery date and time, shall become the required delivery time. The participating agency shall not require the carrier to deliver on Sundays (except for declared emergency Situations). E. /\ transport load yhnU be defined as no \cys than 7,500 gallons ofEthanol blended or rcgobn 8ouo|inc or no less than 7,000 gallons of Ultra L»v/ 5u|h|r Diesel or 596 Nodiuyc| fxc| or 20% biodiesel Fuel. F. The Participating Agencies remervothe ' bttouy\kanykomdbetwecono more than two delivery sites foi- their agency. G. If the carrier is unublu to meet the delivery requirements. it shall be the responsibility of tile conhcr to nobFv the participating agency within 2 hours of delay oncun\n� so that tile participating agency can determine if it needs to tmns/erfhc| between its sites to cover delay. B. At time of delivery, cmT|cr mhoU p,cou,t x delivery ticket/bill of hdioo to u participating agency representative, o, if requested, deliver Jocumcr4 to u specified location. The delivery ticket/bill of lading shall illCILlde: * Bill of|udin8numbc� w Name ufsupplier and carrier. • Date and timeofdelivery. • Type o[[uc\delivered. * Gross gallons and net gallons delivered. • Inches in [ucl tank, bc(bn: and after delivery. * Dhvcr'uuillnotu,c. w SiGno[urc of participating agency rmpkovcr receiving delivery, un|uns oihcnv\oc indicated. • Delivery address. L Carrier shall be adequately equipped, staOed, and suppiiCd to, promptly, and efficiently, Furnish, deliver, and dispense, all products that are submitted uLvnriOuafacilities. J. Carrier shall have tile ability to fill above-grOUnd tanks. K. Carrier shall be fully responsible for any and/or all actions nftheir employees that ,cqu|nc clean up or g,nund s1cd\lzuboo as the n:ouh of in ~impn`pc/' delivery. Carrier ohuU have and shall maintain those types and quantities of motoho|m necessary to contain spilled Page 7 of 9 865 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* |U. Exhibit A - RFP E-03-22 ouu|uct(s). Carrier ohu}| be responsible For prompt and dn`rough o\cunup Of all spillage, as Pet- EPA specifications, and [brany agency l'incx or flees that rcsu|t knm conbminu|ion. L. Discovery or oucuocncc of u spill, on overfill, cxccuu woic, in the tank, suspcoted contamination of surrounding area, suspected tank fuiiun:, or ony other indication of chemical release xho|| be |mmudioic|v reported by the Carrier to the participating agency. Where the event ixdirectly nr indirectly the n:yu\to[carrier's actions, the carrier shall also affect containment and initiate cleatILIP immediately. M. All transport tmckdcUvchcs will be temperature adjusted N 60 degrees F in accordance with the latest edition of the American Society for Testing and Materials (ASTM) Toh|c 00' Vn\umc l(` Petvo|cunn K4cuouremoni Tables. Delivery dckcio and invoices shall reflect the net gallons delivered after temperattire compensation. N. Any Tank -wagon deliveries will be metered in gross gallons and invoiced in gross gallons. 0. Agencies will accept Fuel froni tnuky with sco|od State approved and inspected meters. Trucks that have State o[Florida Department of&8/icu\tun: and Consumer Services sealed, calibrated and certified oomporUncni tank vo|umo markers On, the potno\cum product h6n� delivered., are also acceptable. A. The Contractor and/or hionubcootmcium making deliveries shall be fully responsible for any cnnm or mistakes that rucui,c Clean up n,ground sterilization. Contractor will be responsible for prompt and thonuuuh c|oonupo[all spillage per EP/\ specifications and for any agencies fines or (eco for any contamination that reuu|t hnm improper delivery of |i PRIORITY DELWERIES: 12. Preference of deliveries shall be given to agencies providing emcr�ency relief and response services and members of' the co-op who are participating in this contract, in uooe of declared cmcr�cncicsornoturo\ disasters. Proposers mhuU attach an emergency p)ou that assures uanbmuod deliveries of these products in case of emergencies and/orwhen additional quantities may be required, The carrier shall at all dmcs gueni against dumogc or loss to the delivery site property, the Cuuicr,o own pnopudy, and/or that of other contractors, and ehuU be held o:xVono|b|e for replacing or repairing any such \000 orJunooBc. When applicable, the Carrier shall provide Dznuom, signs, barricades, flashing lights, etc. necessary inprotect and toxuo:the do|ivuryxite(u) and inyupc that all county, Stat: nfFlorida, OSHA, and other applicable safety ocgu\ah000 are muct. Additionally, carrier shall provide for the prompt removal o[ol| debris from delivery sites. All pordcipohn�o�enuiesmay vvithho\dpoyn�cntornnukcxudh deduoiionsondocmcd necessary Page 8 of 9 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A - RFP E-03-22 to ensure reimbursement or replacement for loss or damage to property thrOL1.1111 negligence of the Carrier or its agents. 13. ADD[TION OF DELIVERY SITES: Each Participating Agency shall be able to add delivery sites to the attached list, with 7 days notice to the seller, Page 9 01*9 C, 867 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* (OF onsolidated PTW 3141 SE 14th Ave. - P,O. Box 350430 Ft. Lauderdale, FL 33335 Phone: (964) 5221182 Fax: (954) 527-119/ Toll Free: (800) 683-5823 January 12, 2017 Jeff English City nfPompano Beach 119ONE3rd Avenue Building Pompano Beach, FL3306O Exhibit A - RFP E-03-22 Additional Products — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP Dear Mr. English: Per the terms of the RFP, please see below quote for Additional Fuel Products: Item N o.— Description Transport Delivery Differential Proposed Tankwagon Delivery Differential Proposed 1---Midgrade UNL 89 Octane E-10 +0-099 +0.199 2 Recreational Unleaded 90 Octane +0.099 +0.199 3 Ultra Low Sulfur #2 Red Dye Diesel +0.149 +0,349 5 Biodiesel Fuel B20 +0.049 +0.149 6 E85 Fuel Ethanol .10 under 87E10 .10 under 87E10 7 Biodiesel Fuel 135 .01 under ULSD .01 under ULSD M 9 Biodiesel Fuel B20 .02 under ULSD .02 under ULSD Premium UNL 93 Octane E-10 +0.099 +0.199 -- We will utilize the same OPIS Unbranded Rack Index as outlined in Section 2 of the RFP, "Pricing Miami - F1.1-audardale - West Palm Beach - Ft.Piarce - Orlando - Jacksonville - Tampa DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA © C®ns®f'da,rted 3141 SE 14th Ave. • P.O. Box 350430 Ft. Lauderdale, FL 33335 Phone! (954) 522-1182 Fax: (954) 527-1191 Toll Free: (800) 683-5823 Exhibit A - RFP E-03-22 Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, ,please feel free to contact me at any time, 4re _ 0 President Port Consolidated Miami • Ft.Lauderdale • West Palm Beach • Ff.Pierce • Orlando • Jacksonville • Tampa www.portconsolidated.com L. M. oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* L 0"MI *"V VC&PP.-Insolidated 3141 SE 14th Ave. - P.O. Box 350430 Ft. Lauderdale, FL33335 Phone: (954) 522-1182 Fax: (95*) 527 -1191 Toll Free: (800) 683-5823 January 1Z,2D17 Jeff English City ufPompano Beach 1190NE3rd Avenue Building C Pompano Beach, FL33D6O Exhibit A - RFP E-03-22 Alternate Proposal — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP Dear Mr, English: Please beadvised, For those municipalities that wish to haul their own product, Port will deduct $0.01 per gallon from the standard delivered transport offering. Port Consolidated also has the ability to arrange for "Fixed Price" fuel contracts. 'These programs will allow municipalities to budget their fuel costs without having to combat day to clay market volatility. Please see the attached "Fixed Price" Supply Agreement. Pricing orquotes for such programs change bythe minute, VVewould prefer to quote accordingly |fand when the need arises. Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel free to contact me at any time. President Port Consolidated Metal- FlIaudatdale - West Palm Beach - H.PierrA - Orlando -JacksonvIlla -Tamps 870 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Port Consolidated 3141 SE 1.4"' Ave. Fort Lauderdale, FL 33335 Petroleum Product Sales/Purchase Agreement Exhibit A - RFP E-03-22 IExhibit SUBJECT" TO T[ IF"FE,RMS AND CONDITIONS OF THIS SALES/111URCI IASE AGRrEMENT. 13UYFR AGREES TO PURCI IASE AND SIA LER AGREES TO 'S'ELL AND DELIVER TI JE FOLLOWING PRODUCT(S) ATTI IE PRICE(S) AND INTI 1EQUANTIri i -*.s (TO BE PUI 1ED RATABI Y TI IROUGHOUTTHE DELIVERY PERIOD) AS SET FORTI I INTHIS AG REVNIFNT. ACCEPTED AND AGREED TO ON Buyer: Seller: PORTCONSOLIDATILD Atill: - ----- Attn: JOSE'PI-I R. SISKA Title: Title: CFO /TREASURE Phone: Phone: 954-522-1182 x233 Fax: Fax: 954-527-1191 By: By: Print Name: Print Name: Donald Carlton, Jr. Title: Owner Title! President 1. F.O.13 Delivery Point(s) Monthly Gallons Product 2. Pavrnnt Terms: Payment Net 15 Days from date of bill of lading. All payments shall be made in US Dollars. Volume shall be determined solely by the terminal net bill orlading or certified meter reading. Temp: 'The "Term or this Agreement shall be lbra, period or months, beginning on -,-- and ending on 4. 1!dm 5. redia: Upon request Buyer will promptly furnish to Seller financial statements. references trona banks and trade organizations and any other information requested by Seller. Buyer represents and warrants that all financial statements or similar documents provided by Buyer to Seller (previously or herealler) (i) (to or will tairly present in all material respects Buyer's financial condition as of' the (late or such documents; (ii) have been prepared in accordance with U.S. generally accepted accounting principles and (iii) if audited, have been certified without reservation by a firm of independent public lecountants. Seller shall determine a credit limit (-Credit Limit-) for Buyer. Buyer agrees that it shall not contract for Product(s) in excess of its Credit Limit, Buyer shall have the right to contract for amounts reflecting the difference between the Credit Limit and any amounts due and owing to Seller. Seller in its discretion. may 3yer to make a good faith deposit at initiation of this Mrecm�� -L jrLu I - -- ntjQ_sqjcure Btiver's performance. [Alternative: Seller in its discretion may require Buyer to make several deposits on demand during t1jereilpLto rthe Agreement secure _ Buyer's perforinance.1 Such deposit(s) will constitute credit aaainst future delivery and may be applied against one or more invoices (exclusive of taxes in Seller's discretion. Seller has the right to use any depositfs) to set of rleainst lily obligations of this Apreement in the event Buyer defaults. becomes insolvent or [ties for bankrunIcN, DocuSign Envelope ID: C327F0D0-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit A - RFP E-03-22 other handling of the Products) or material contained in the Product(s), or any feature thereof, or otherwise relating, to this Agreement. The parties specifically agree that the preceding sentence shall apply regardless of any other terns or condition contained herein or any other agreement between the parties. Should Boyer Cldilll exemption front any taxes, Seller is under no obligation to verily such status and Buyer shall indemnify Seller pursuant to paragraph 15 in the event Buyer is Or Was not exempt from Such taxes, 7. Specification: Pet-Sellerspecifications. H. Quantity/Volume: Buyer shall purchase 100'." of Molulil\ Gallons per each Delivery Point. Bover is required to lift Product(s) ratably oil a weekly basis at all Delivery Points, 9. R, table Usage: During each calendar month orthis Agreement, Buyer is required to lift each Product on it ratable basis by the week at any or all of the deliver), points. The weekly ratable volume for each Product by delivcry point is 7/30 of the maximum monthly VOILJOIC (defined as - one tvvc1fill 01,1111rellaser's yearly commitment or otherwise computed Oil it pro rata basis based on the number ormonths of this Agreement) specified tar each delivery point. 10. Del'aUlt and Remedies: For the purposes orthis Agreement. Buyer's cletbuit includes (a) the making orany false or misleading representation in this Agreement and (b) the WILICC to observe or comply with any provision or covenant in this Agreement. In the event ol'BLiver*s default, Seller may seek all legal and equitable remedies, including. \vltllOLII limitation, all rights provided by Article 2 of the Uniform Commercial Code. Seller may also seek its attorneys" fees. costs and expenses incurred in Connection with Buyer's default. In addition, in the event that any invoice is not paid when due or Buyer takes delivery in violation or Buyer's Credit Limit. Seller may at its option (i) suspend or condition further deliveries or (ii) terminate this Agreement- without notice or demand, and all unpaid balances shall be immediately due and payable. In the event Buyer fail'; to take delivery of any portion of any Product(s) during the Terim including tion -delivery its a result or Buyer's cid'allit, Boyer agrees to pit\, Seller immediately Seller's lost profits on the undelivered (Illantity or Product(s). All amounts not paid when due shall beat- interest at _"'u per annum anal shall he payable with all costs Of collection, including, without limitation. Seller's attorneys fees, costs and expenses. Upon file occurrence orally default, Seller may set off against the indebtedness Or any an"101.111tS owing by Seller to Buyer, whether or not those amounts are immediately payable. Seller shall have the right to require the Buyer to take possession or the Product with or vvithOUt demand and with Or without Pl-OMS of law and the right to sell or dispose of the Product. 11. Notices: Ali), notice, request 01' Other conouLillication required or permitted by or pertaining to this Agreement (-Notices-) shall he in writing and issued to the addresses its listed above. Notices shall be delivered by (a) by a nationally recognized courier or messenger service with confirmed delivery. (b) personal service or (c) first class mail prepaid. Notice using the methods set forth in (it) or (b) shall be deemed effeetive it'delivered between 9ANI (EST) and MINI (FST) ('131IShICSS I on a day on which commercial hanks are open for business ('11osiness Day-): any notices delivered after Business Hours or oil it non -Business Day shall be deemed delivered is of9A11vl (EST) on the first succeeding Business Day. Notices by Inst class prepaid mail shall be deemed received 5 calendar (lays after mailing. Refusal by a party to accept notice shall not affect its validity. 12. Allocation: Seller. in its sole discretion, may decide to allocate or limit quantities of Product(s) available for sale. In such instance, Seller shall exercise reasonable ell'orts to provide all or its buyers with allocations ot'Products) reflecting amounts purchased previously on a regular basis prior to allocating any Products) to non QllilralltMt quantity purchase Customers and/or new citslorners, 13, Over Litlin : For purchases of Product(s) exceeding the amounts set lbrth in Section I above. the Buyer shall be charged in accordance with current Port Consolidated delivered prices. 14. Non -Reliance: Buyer represents that is entering into this Agreement as it principal (rather than as agent of any person or entity) and has made its O\vo independent decisions to enter into this Agreement. Buyer is not relying on any communication (written or oral) of Seller as a recommendation to enter into this Agreement. Buyer is capable of assessing the merits of and Lmderstnnding (oil its own behalf or through independent prof'essional advice), and understands and accepts. the terms. conditions and risks orthis Agreement. H. Warranties: Seller warrants that Product(s) delivered to Buyer will conform to the description(s) set florth on page I orthis Agreement. This is Seller"s sole warranty. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, WI-IETIIER EXPRESS OR IMPLIED, WITH REGARD TO ANY PRODUCT(S) PURCHASED IIEREUNDER. ALI, WARRANTIES OF NIERCIIANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND SPECIFICALLY EXCLUDED. 16. LIMITATION OF LIABILITY: SELLER DISCLAIMS AND BUYER HOLDS SELLER HARMLESS FROM AND AGAINST ANY LIABILITY FOR CONSFQUI3N1'IAL OR OTI-Il`R INCIDENTAL DAMAGES, BUYER AGREES TO INDEMNII,'Y AND 1-101-D SELLER I IARMLESS FROM ANY CLAIMS OF LIABILITY ARISING FROM USE OFTI H` PRODUCT, WI IETI IFIR SINGLY OR IN COMBINATION WITH OTHF',R SUBSTANCES. Seller shall not be liable for damages, whether arising from performance of Seller's obligations under this Agreement, tort (negligence), or otherwise for loss of anticipated prof -its, loss by reason of plant shutdown. non -operation or increased expense of operation, service interruption, claims of customers, cost of money, loss of use of capital or revenue, or for any special, incidental or consequential loss or damage. Buyer agrees to derend, indemnity and hold harmless Seller from and against any and all liability, losses, damages, costs, claims, lawsuits, judgments, settlements and expenses, including without limitation, reasonable attorneys fees, costs and expenses arising or related to this Agreement or Seller's performance under this Agreement. Buyer assumes all risk and liability liar and shall indClolliry and hold Seller harmless from and against any and all loss, damage or injury to persons or property (whether to Buyer or third parties) arising out orthe ownership, use. custody, control or disposition of the Product(s) by Buyer, its agents and employees or by any third parties. 17. Risk of Loss and Title: Identification of the Product(s) shall occur the Agreement is effective. Risk of loss passes to Boyer on identification. Title of the Product(s) shall pass to Buyer on physical possession. 18. Del'ects: Buyer Shall within ?days advise Seller of any alleged defect or failure to conform with specifications. if the parties agree liee t t ]ia the Seller is responsible. at Seller's option (it) the detective Product(s) shall be returned at Buyer's expense. properly safeguarded against normal transit 2 872 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 risks as required by Seller, for replacement by Seller or (b) the parties shall negotiate a mutually acceptable amount to be deducted from the Agreement price, the payment ol'which shall operate as a full release of Seller. Buyer's failure to notiry Seller orally alleged defect Or failure to meet specification within 2 days shall constitute it complete waiver orally claim with respect to defects or failure to conform and Buyer's release and covenant not to sue Seller with respect to any such claim. 19. Acca tancc: Buyer's acceptance of deliver~- of Product(s) shall constitute irrefutable evidenee or its agreement to the terms and conditions set forth herein. 20. Responsibility to Warrianand_Reht7,)'t: Bayer assumes all responsibility for (a) warning and protecting its personnel and anv third parties of all hazards to persons and property related to the Product(s) and (b) complying vytth all relevant reporting obligations under the Emergency Planning kind Community Right to Know Act or 1986. 42 LISC Sections i 1001-1 1049 resulting rrom the presence of chemicals under this Agreement. 21, Applicable Layy/E'orunn/.lure Waiver: ']'his Agreement is governed by and shall be construed under the laws of' the State of Florida without reference to conflicts of laws rules or principles. With respect to any suit. action or proceedings relating to this Agreement ("Proceedings") each Party irrevocably (a) submits to the exclusive jurisdiction of [lie courts Of the State of Florida and the United States District Court located in Broward Courtly: (b) waives any objection that it may have at any time to the laying Of Willie Oran}' Proceedings brought in such court. (c) waives any claim (flat such Proceedings have been brought in an inconvenient forum and (d) fiu•lher waives the right to objea will) respect to such Proceedings, that such court does not have jurisdiction over such party. INSOFAR AS PERMITTED BY LAW. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHTS To TRIAL BY JURY IN ANY LEGAL PROCEEDING IN CONNECTION WITH THIS AGREEME'N'T AND ACKNOWLEDGES TI IIS WAIVER iS A MATERIAL INDUCEMENT TO THE OTHER PARTY'S ENTERING INTO THIS AGREENIENT. The prevailing party in any litigation between the parties shall be entitled to recover reasonable costs including external attorneys tees, 22. Waiver: No waiver by either Party hereto of a breach of an obligation owed hereunder by the other shall be construed as t) waiver of anv other breach, whether of the same or of m different nature, No delay or Chihtre on either Party's flat,( to enforce any He at, claim, which it may have hereunder, shall constitute a waiver on the respective Party's part of such right or claim, All rights and remedies arising under this Agreement as amended mid nnodified firom time to time are cumulative and not exclusive of any right:; or remedies which may be available at law or otherwise. 23. Assitznn)ent: Neither Party shall assign this Agreement without the consent of the other Party hereto. Any such attempt to assiw,n this Agreement shall be null and void. Nothing herein shall con rer or is intended to confer on any person or entity which is not a party to this Agreement any rights or benefits )order this Agreement, 24. Amendment: This Agreennent shall not be modified or amended, except by written ins(run)ent duly executed by officers or Other duly authorized representatives of the respective Parties. Notwithstanding the foregoing, Buyer agrees that Seller may modify file terms of this Agreement at any time to comply with changes in applicable law. Acceptance or acquiescence in a course of performance rendered shall not be relevant to determine the meanings or these terms and conditions, Notwithstanding any provisions therein to the contrarv, tiny terms and conditions in a Buyer`s purchase order, confirmation, acknowlcdgcnnent l'orm or other document issued by the Buycr that conflict with this Agreement or increase Seller's obligations are rejected and shall not be binding on Seller unless expressly accepted by Seller in writing. 25. Severability: Any provision hereor which is legally uncnforecable shall be ineffective only to the extent of such unenforceability without thereby invalidating the remaining provisions hereofor affecting the validity of enforceability of this. Agreement as a whole. 26. Entre Agreement This Agreement contains the entire agreement and understanding between the Parties with respect to the subject matter hereof. and there are no other promises, representations, or warranties affecting it. 27. Force Majeure: to no event shall the Seller be held liable (a) for indirect. consequential, punitive, or multiple dunnages or (b) ror any loss orany kind caused, directly or indirectly, by federal, state or local law. order or regulation, government restrictions, war (whether declared or undeclared). terrorist acts. insurrection,. riots. fires. flooding, strikes, failure of utility services, accidents. adverse weather or other events of nature. ov other conditions beyond its reasonable control 28. insurance: Buver shall carry and maintain comprehensive general public liability insurance. including conu•actLill i liability, bodily injury and property damage. workmen's compensation. luta employer's liability insurance throughout tine Term of the Agreennetat and any extension of this Agreement. 29. Recording: Each party may, in its commercially reasonable discretion, record, on tape or otherwise, tiny telephone conversation between the parties and involving their respective officers, agents kind employees, and each party hereby agrees and consents thereto. 30. Time is orthe Essence: Tinne is of the Essence in this Agreement. Failure to meet it deadline shall be a breach. 3 1. Lieadings; Headings in this Agreement are for convenience only and should not be used for interpretive purposes. 32. Authority to Sign: Each party executing this Agreement is duly authorized to do so and all entity action necessary for the making orthis Agreement has been duly taken, 873 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A - RFP E-03-22 p City of Pompano Beach, Purchasing Division mpano 1190 N.E. 3rd Avenue, Building C �Abeach_ Florida's Warmest Wolcnme Pompano Beach, Florida, 33060 December 22, 2016 ADDENDUM #1, BID E-13-17 Unleaded Gasoline and Diesel Fuel for Southeast Florida Purchasing Cooperative Group To Whom It May Concern, Please review the following question and the City's answer, Q1: I wanted to confirm the volume on the bid as it seems to be a sizable difference from last year. Last year's volume: 21,434,744 gallons, This year's volume: 3,621,580 gallons. I wanted to make sure we recorded the correct gallons in Our system and communicated it to our bid team. Al: The aggregate fuel capacity of the Southeast Florida Governmental Purchasing Cooperative Group, which is shown in Attachment B, represents only one fill -up of all the tanks owned by each participating Co-op member. Attachment D "Co-op volume report Jan -Dec 2015" may be more useful for annual volume projections, as it records a full year's history of multiple deliveries. Q2: [We] Would like to prepare a proposal for the above referenced bid. However, I would like to know if we have to bid on all sites, or can we bid on just the tanker sites? A2: This is an "all or nothing" solicitation. The successful proposer will be expected to provide diesel AND unleaded gasoline to all participating Co-op agencies, Q3: Please provide a copy of the prior bid tabulations, invoice and bill of ladings for our records for each location with a tank capacity of 5,000 or more. A3: The previous contract, Attachment C Coral Springs Contract 14-A-035 RFP has been added to the attachments tab. As the successful proposer will bill, deliver to, and enter into separate contracts with approximately 40 participating Co-op agencies, there is no single source for the invoices and bills of lading for each of these agencies. Q4: What are the volumes for this bid, either by agency or total? I need to be able to judge the commitments that need to be made and realistic projections of what products will be needed and in what quantity. 874 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit A- RFP E-03-22 Addendom 111, E-13-17 A4: Attachment D "Co-op volume report Jan -Dec 2015" has been added to the attachments tab. Q5: What agencies may use their own trucks and what volumes would they require? A5: Presently, the City of Boca Raton uses their own trucks. Attachment D "Co-op volume report Jan -Dec 2015" contains a record of their volume, Attachments C and D have been added to the attachments tab of the electronic solicitation. Addendum #1 is posted on the City's eBid website: h":IIp9Mpanobeachfl.ionwave. net. Acknowledge receipt of this Addendum using the Addendum Attribute on the Attributes tab in the eBid System. The deadline for receipt of written questions is 5:00 p.m. (local) December 28, 2016 , . No further questions will be accepted after this date. Oral and other interpretations or clarifications will be without legal effect. The deadline for acceptance of sealed bids in the Purchasing Office, 1190 N.E. 3rd Avenue, Bldg. C, Pompano Beach, 33060, is 2:00 p.m. (local), January 4, 2017, The remainder of the solicitation is unchanged at this time, Since ely, Jeff English Purchasing Agent cc: website jnF C ��,i,� e�/ 875 oo"u3ignEnvelope 0:oazrp000+Doup-4n4n-Bnoo-9nuono1eon^* 0 IP401*v N Consolidate -a" 3141 SE 14th Ave. - P.O. Box 350430 Ft. Lauderdale, FIL 33335 Phone: (954) 622-1182 Fax: (954) 527-1191 Toll Free: (800) 683-5823 January 12, 2017 Jeff English City ofPompano Beach 11DONE3rd Avenue Building Pompano Beach, FL33O6O Re: Confirmed Cardlock Locations and Pricing Dear Mr. English: Exhibit A - RFP E-03-22 Please be advised. Port Consolidated has six locations throughout the South Florida where customers can fuel their vehicles directly from our automated fueling stations. They are as follows: 0 11550NVV36� m Ave,Miami, FL33167—Diesel and Gasoline -&4on.through F,i,7AM-5pM w 3141 SE14m,Ave,Ft. Lauderdale, FL33316—Diesel and Gasoline 24/7 0 2301 NWI5m� Ave., Pompano, FL33OG9—Diesel and Gasoline 24// 0 1I26Ham rnVndviUeRd,Pompano, FL]3O39—Diesel Mon. through Fh,7AKA-5PM 0 1782 SkeesRd.,West Palm Beach, FL]3411—Diesel and Gasoline 24/7 a 6951Garden Rd,Riviera Beach, FL3]4D4—Diesel and Gasoline 74/7 Pricing for the above facilities will be the same as our confirmed delivered tankwagon pricing. | will send out [ard\ockset-up/actk/at\on forms with additional information tothe Co-op at a later date. Should you have any questions or comments, please feel free to contact me at anytime. Miami - H.Laudardale, - West Palm Beach - Ft.Plerce - Orlando - Jacksonville - Tampa DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit C Rate Schedule Exhibit A - RFP E-03-22 Prices are F.O.B. delivered as a differential from the applicable OPIS price published in the "OPIS Contract Benchmark File" as described herein for the date of delivery of product to the City, and Participating Agencies, and are exclusive of all Federal, State and County Excise taxes and fees. Any other applicable taxes and fees shall be added at the time of invoicing. The differential shall remain firm during the initial contract period and any renewal period unless agreed to in writing by both parties. The below pricing also includes the alternate fuels listed in RFP E-13-17. 877 Transport Tankwagon Item Description Delivery Delivery No. Differential Differential 1 Unleaded Gasoline 0.007 0.089 2 Diesel Fuel 0.007 0.089 877 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 Attachment D - Cooperative Volume Report.xlsx Row Labels 04.17 to 03.18 04.18 to 03.19 04.19 to 03.20 04.20 to 03.21 ULTRA LOW SULFUR DSL FUEL 11,385,089 13,937,291 14,391,968 9,147,096 GASOHOL 87 ETHANOL 10% 8,472,479 8,283,396 8,710,573 6,918,744 DYED ULTRA LOW SULFUR DSL FUEL 575,450 483,811 508,899 556,235 UNLEADED GAS 90 OCTANE 513,615 580,532 306,483 176,844 GASOHOL 89 ETHANOL 10% 266,708 311,931 232,981 144,394 GASOHOL 93 ETHANOL 10% 3,794 2,868 271,887 363,176 11,11,11,11,11- ................... Grand Total ................., 21,217,135 ..................................., 23,599,829 .................,..................................., 24,422,791 ....................... 17,306,488 3900012 48,861,444 32,385,192 2,124,394 1,577,473 956,014 641,724 86,546,243 Page 1 of 5 878 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A- RFP E-03-22 Attachment D - Cooperative Volume Report.xlsx Row Labels 04.17 to 03.18 04.18 to 03.19 04.19 to 03.20 04.20 to 03.21 Grand Total ..... BROWARD CNTY BOARD OF NEF 3,806,413 6,512,712 7,064,306 5,052,602 ........................ 22,436,032 ULTRA LOW SULFUR DSL FUEL 3,024,297 5,355,427 5,732,415 4,012,913 18,125,052 GASOHOL 87 ETHANOL 10% 714,565 1,045,463 1,217,936 922,048 3,900,012 DYED ULTRA LOW SULFUR DSL FUEL 67,551 111,822 113,955 117,641 410,969 SBBC VEHICLE MAINTEN. DPT NEF ........................... 2,947,271 2,975,994 2,900,040 1,219,849 10,043,155 ULTRA LOW SULFUR DSL FUEL 2,547,021 2,562,038 2,482,911 901,114 8,493,084 GASOHOL 87 ETHANOL 10% 400,250 413,734 417,088 318,735 1,549,807 DYED ULTRA LOW SULFUR DSL FUEL 222 41 264 SCHOOL DISTRICT PLM BCH CY NEF 2,679,789 2,666,582 2,647,597 1,279,451 9,273,418 ULTRA LOW SULFUR DSL FUEL .............,.,.,..,.,.,.,.,.,.,.,.,...,...............,.............,.,.,.,..,.,.,.,.,.......,...................,...,.,.,.,.,.,.,.,.,..,.,. 2,270,577 2,252,546 2,207,054 ... ,......... ,.,.,.,..,.,.,.,.,.,.,.,.,.,. 945,306 7,675,484 GASOHOL 87 ETHANOL 10% 409,212 414,035 440,543 334,145 1,597,935 CITY OF MIAMI NEF 1,438,960 1,488,426 1,604,534 1,344,769 5,876,689 ULTRA LOW SULFUR DSL FUEL 1,045,511 1,069,244 1,124,823 1,024,074 4,263,652 GASOHOL 87 ETHANOL 10% 369,283 391,488 445,399 289,788 1,495,958 UNLEADED GAS 90 OCTANE 21,900 26,481 33,478 30,907 112,766 DYED ULTRA LOW SULFUR DSL FUEL 2,266 1,213 834 4,313 CITY OF FORT LAUDERDALE NEF 1,467,294 1,395,904 1,527,916 1,235,388 5,626,502 ............................. GASOHOL 87 ETHANOL 10% 962,356 943,524 1,059,548 867,250 3,832,677 ULTRA LOW SULFUR DSL FUEL 466,514 413,053 431,639 341,164 1,652,370 DYED ULTRA LOW SULFUR DSL FUEL 38,424 39,327 36,729 26,974 141,454 BROWARD SHERIFF'S OFFICE NEF 2,237,365 1,157,046 986,731 871,431 5,252,573 GASOHOL 87 ETHANOL 10% 1,897,819 872,480 714,221 636,439 4,120,959 ULTRA LOW SULFUR DSL FUEL 318,561 271,318 263,442 222,572 1,075,893 DYED ULTRA LOW SULFUR DSL FUEL 17,042 9,137 6,221 9,835 42,235 GASOHOL 93 ETHANOL 10% 3,794 2,868 2,847 2,571 12,079 UNLEADED GAS 90 OCTANE 149 1,243 15 1,407 CITY OF WEST PALM BEACH NEF 30,244 846,570 749,365 701,308 2,327,487 ULTRA LOW SULFUR DSL FUEL 15,291 ............. ,.,.,..,.,.,.,.,.,.,.,.............. 417,474 .,.,.,.,.,.,.,.,.,..,.,...,...,. 438,392 ........ ,.,.,.,..,.,.,.,.,.,.,.,.,.,. 355,504 1,226,661 GASOHOL 87 ETHANOL 10% 9,358 427,291 242,711 198,499 877,859 DYED ULTRA LOW SULFUR DSL FUEL 4,754 863 66,877 146,647 219,140 UNLEADED GAS 90 OCTANE 841 943 1,386 658 3,827 CITY OF PEMBROKE PINES NEF 558,172 546,249 595,406 464,258 2,164,085 UNLEADED GAS 90 OCTANE 361,646 388,946 139,105 889,697 GASOHOL 93 ETHANOL 10% 269,040 360,605 629,645 ULTRA LOW SULFUR DSL FUEL 179,382 146,805 154,804 85,591 566,581 DYED ULTRA LOW SULFUR DSL FUEL 17,144 10,499 7,457 18,062 53,161 GASOHOL 89 ETHANOL 10% 25,001 25,001 CITY OF SUNRISE NEF 551,681 503,857 541,200 453,892 2,050,630 GASOHOL 87 ETHANOL 10% 371,240 376,713 393,942 338,583 1,480,477 ULTRA LOW SULFUR DSL FUEL 165,702 123,229 142,354 110,043 541,327 DYED ULTRA LOW SULFUR DSL FUEL 14,740 3,916 4,904 5,266 28,826 CITY OF MIRAMAR NEF 513,650 518,984 541,433 409,875 1,983,942 GASOHOL 87 ETHANOL 10% 398,618 398,783 428,912 331,274 1,557,587 ULTRA LOW SULFUR DSL FUEL 79,311 75,793 73,291 59,813 288,207 DYED ULTRA LOW SULFUR DSL FUEL 35,721 44,408 39,230 18,788 138,147 CITY OF HOLLYWOOD NEF .... ............................... 462,625 550,598 466,799 482,897 1,962,919 _ GASOHOL 87 ETHANOL 10% 177,703 254,827 161,323 149,926 743,777 Page 2 of 5 879 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A- RFP E-03-22 Attachment D - Cooperative Volume Report.xlsx Row Labels 04.17 to 03.18 04.18 to 03.19 04.19 to 03.20 04.20 to 03.21 Grand Total UNLEADED GAS 90 OCTANE 94,121 v............................................................... 123,220 114,348 133,664 ....... 465,353 ULTRA LOW SULFUR DSL FUEL 102,009 101,354 112,489 104,701 420,553 DYED ULTRA LOW SULFUR DSL FUEL 88,792 71,198 78,640 94,606 333,236 TOWN OF DAVIE NEF 439,301 425,160 475,949 368,504 1,708,915 GASOHOL 87 ETHANOL 10% 354,435 341,063 385,537 296,910 1,377,945 ULTRA LOW SULFUR DSL FUEL 75,743 68,885 86,379 71,594 302,600 DYED ULTRA LOW SULFUR DSL FUEL 9,124 15,213 4,034 28,370 CITY OF PLANTATION - FUEL NEF 418,078 405,527 449,572 381,688 1,654,863 GASOHOL 87 ETHANOL 10% 319,697 325,469 357,372 294,845 1,297,382 ULTRA LOW SULFUR DSL FUEL 60,544 55,925 67,764 62,361 246,594 DYED ULTRA LOW SULFUR DSL FUEL 37,837 24,133 24,435 24,482 110,887 CITY OF CORAL SPRINGS NEF ............................. 389,609 392,626 448,075 347,058 1,577,367 GASOHOL 87 ETHANOL 10% 291,394 293,479 353,963 261,026 1,199,862 ULTRA LOW SULFUR DSL FUEL 98,215 95,253 93,711 84,101 371,280 DYED ULTRA LOW SULFUR DSL FUEL 3,893 401 1,931 6,226 CITY OF POMPANO BEACH NEF 307,487 380,899 335,851 253,368 1,277,604 ULTRA LOW SULFUR DSL FUEL 176,044 182,869 171,975 126,229 657,117 GASOHOL 87 ETHANOL 10% 114,443 187,239 157,875 117,639 577,196 DYED ULTRA LOW SULFUR DSL FUEL 17,000 10,791 6,001 9,500 43,291 CITY OF RIVIERA BEACH - NEF 264,423 291,609 347,569 290,404 1,194,006 GASOHOL 89 ETHANOL 10% 187,940 227,578 114,085 62,142 591,745 GASOHOL 87 ETHANOL 10% 17,339 358 155,093 148,668 321,457 ULTRA LOW SULFUR DSL FUEL 59,144 59,095 69,616 77,821 265,676 DYED ULTRA LOW SULFUR DSL FUEL 4,578 8,612 1,737 14,928 UNLEADED GAS 90 OCTANE 163 36 199 CITY OF LAUDERHILL NEF 283,599 275,068 312,782 260,742 1,132,191 GASOHOL 87 ETHANOL 10% 219,578 213,532 245,592 209,771 888,473 ULTRA LOW SULFUR DSL FUEL 59,231 52,054 61,272 50,271 222,828 DYED ULTRA LOW SULFUR DSL FUEL 4,790 9,482 5,917 701 20,890 CITY OF MARGATE NEF 253,221 248,000 288,792 218,768 1,008,782 ............................. GASOHOL 87 ETHANOL 10% 193,671 196,474 232,472 170,862 793,479 ULTRA LOW SULFUR DSL FUEL 50,403 43,629 48,194 32,731 174,957 DYED ULTRA LOW SULFUR DSL FUEL 9,147 7,897 8,126 15,175 40,345 CITY OF NORTH MIAMI NEF 223,795 260,186 271,724 226,132 981,837 GASOHOL 87 ETHANOL 10% 184,046 214,910 221,533 185,524 806,013 ULTRA LOW SULFUR DSL FUEL 38,575 42,550 47,494 38,607 167,226 DYED ULTRA LOW SULFUR DSL FUEL 1,174 2,726 2,697 2,002 8,598 CITY OF NORTH MIAMI BEACH NEF 263,755 249,049 258,383 192,284 963,471 GASOHOL 87 ETHANOL 10% 220,080 219,951 224,062 177,169 841,262 ULTRA LOW SULFUR DSL FUEL 24,695 14,602 14,756 12,348 66,401 DYED ULTRA LOW SULFUR DSL FUEL 18,980 14,497 19,565 2,766 55,808 CITY OF HALLANDALE BEACH NEF 264,669 228,760 239,017 208,940 941,387 _... ............................... GASOHOL 87 ETHANOL 10% 194,478 174,614 168,163 139,418 676,673 ULTRA LOW SULFUR DSL FUEL 61,329 52,415 68,788 69,522 252,054 DYED ULTRA LOW SULFUR DSL FUEL 8,863 1,731 2,067 12,660 CITY OF DEERFIELD BEACH NEF 243,382 240,706 220,744 163,664 868,496 u......... , . ULTRA LOW SULFUR DSL FUEL 155,138 154,403 125,117 88,664 523,322 GASOHOL 87 ETHANOL 10% 76,735 80,303 92,755 72,559 322,352 Page 3 of 5 880 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 Attachment D - Cooperative Volume Report.xlsx Row Labels 04.17 to 03.18 04.18 to 03.19 04.19 to 03.20 04.20 to 03.21 Grand Total DYED ULTRA LOW SULFUR DSL FUEL 11,509 ............................................................... 6,000 2,872 2,441 __............. 22,822 CITY OF COCONUT CREEK NEF 196,722 203,364 226,531 181,651 808,268 GASOHOL 87 ETHANOL 10% 146,921 151,940 172,612 144,559 616,032 ULTRA LOW SULFUR DSL FUEL 49,801 51,424 53,919 37,092 192,236 CITY OF BOCA RATON NEF 214,535 160,265 179,900 136,695 691,396 ULTRA LOW SULFUR DSL FUEL 59,158 60,908 80,088 58,930 ------------ 259,084 GASOHOL 87 ETHANOL 10% 49,980 56,226 64,002 51,260 221,467 DYED ULTRA LOW SULFUR DSL FUEL 105,397 43,132 35,811 26,505 210,845 CITY OF TAMARAC NEF 160,052 159,595 176,814 137,072 633,533 GASOHOL 87 ETHANOL 10% 93,789 95,449 105,685 82,870 377,793 ULTRA LOW SULFUR DSL FUEL 61,963 60,143 68,825 49,215 240,147 DYED ULTRA LOW SULFUR DSL FUEL 4,300 4,003 2,304 4,987 15,593 CITY OF WESTON NEF 159,701 76,151 76,452 48,508 360,812 GASOHOL 87 ETHANOL 10% 135,283 50,887 46,688 31,505 264,363 ULTRA LOW SULFUR DSL FUEL 22,646 25,264 28,764 17,003 93,677 DYED ULTRA LOW SULFUR DSL FUEL 1,664 1,000 2,664 UNLEADED GAS 90 OCTANE 108 108 TOWN OF PALM BEACH NEF ............................. 90,814 78,263 95,935 83,360 348,372 GASOHOL 87 ETHANOL 10% 62,301 57,693 73,294 64,390 257,678 ULTRA LOW SULFUR DSL FUEL 16,028 16,170 21,442 14,593 68,234 DYED ULTRA LOW SULFUR DSL FUEL 12,484 4,401 1,198 4,377 22,460 VILLAGE OF PALM SPRINGS NEF 77,153 77,825 92,250 80,770 327,998 GASOHOL 89 ETHANOL 10% 66,889 67,203 80,612 72,200 286,904 DYED ULTRA LOW SULFUR DSL FUEL 10,264 10,622 11,638 8,570 41,093 VILLAGE OF NORTH PALM BCH -NEF 84,680 80,409 89,565 39,842 294,496 GASOHOL 87 ETHANOL 10% 47,119 43,005 52,680 10,467 153,271 ULTRA LOW SULFUR DSL FUEL 37,088 32,495 36,885 29,375 135,844 GASOHOL 89 ETHANOL 10% 4,909 4,909 DYED ULTRA LOW SULFUR DSL FUEL 473 473 CITY OF DANIA BEACH NEF 49,919 48,415 53,273 45,563 197,169 ............................. GASOHOL 87 ETHANOL 10% 16,984 20,304 28,632 29,174 95,093 ULTRA LOW SULFUR DSL FUEL 28,980 26,305 22,892 16,390 94,566 DYED ULTRA LOW SULFUR DSL FUEL 3,955 1,806 1,749 7,510 CITY OF GREENACRES NEF 38,618 43,585 42,874 35,307 160,383 ULTRA LOW SULFUR DSL FUEL 23,534 25,369 25,398 20,744 95,046 GASOHOL 87 ETHANOL 10% 15,083 18,215 17,476 14,563 65,337 CITY OF LIGHTHOUSE POINT NEF 32,888 33,589 36,091 31,602 134,171 GASOHOL 87 ETHANOL 10% 2,855 27,042 25,399 55,295 UNLEADED GAS 90 OCTANE 23,409 26,459 1,797 51,665 ULTRA LOW SULFUR DSL FUEL 6,625 7,130 7,152 6,203 27,110 DYED ULTRA LOW SULFUR DSL FUEL 100 100 SBBC PHYSICAL PLANT OP DPT NEF ..,. . ............................. 28,532 24,355 13,312 14,868 81,067 _ DYED ULTRA LOW SULFUR DSL FUEL 24,571 20,405 8,899 11,821 65,695 GASOHOL 87 ETHANOL 10% 3,962 3,950 4,412 2,303 14,627 UNLEADED GAS 90 OCTANE 745 745 ULTRA LOW SULFUR DSL FUEL 0 0 CITY OF LAUDERDALE LAKES NEF .... ............................... 20,423 17,689 20,818 13,506 72,436 _ GASOHOL 89 ETHANOL 10% 11,879 12,241 13,282 10,052 47,455 Page 4 of 5 881 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A- RFP E-03-22 Attachment D - Cooperative Volume Report.xlsx Row Labels 04.17 to 03.18 04.18 to 03.19 04.19 to 03.20 04.20 to 03.21 Grand Total ULTRA LOW SULFUR DSL FUEL 6,030 5,393 5,305 3,398 ....... 20,126 GASOHOL 87 ETHANOL 10% 1,903 2,010 3,914 DYED ULTRA LOW SULFUR DSL FUEL 557 123 680 UNLEADED GAS 90 OCTANE 53 55 97 55 261 CITY OF SUNNY ISLES BEACH 16,730 21,893 16,152 54,775 11 ULTRA LOW SULFUR DSL FUEL 16,730 21,893 14,829 53,452 DYED ULTRA LOW SULFUR DSL FUEL 1,323 1,323 TOWN OF HILLSBORO BEACH NEF 11,739 13,294 16,156 10,864 52,053 UNLEADED GAS 90 OCTANE 11,387 13,184 16,109 10,764 51,445 DYED ULTRA LOW SULFUR DSL FUEL 351 110 47 101 609 CITY OF COOPER CITY, FL NEF 3,001 5,788 6,415 15,204 _.,.. .............................. DYED ULTRA LOW SULFUR DSL FUEL 3,001 5,788 6,415 15,204 BROWARD SHERIFF'S OFC - PU-NEF 2,758 2,758 ULTRA LOW SULFUR DSL FUEL 1,578 1,578 GASOHOL 87 ETHANOL 10% 1,180 1,180 SCHOOL DISTRICT- PALM BCH -NF 1,911 1,911 DYED ULTRA LOW SULFUR DSL FUEL 1,911 1,911 TOWN OF PEMBROKE PK- NEF ........................... 1,666 1,666 DYED ULTRA LOW SULFUR DSL FUEL 1,666 1,666 VILLAGE OF ROYAL PALM BCH-NEF 727 700 1,427 ULTRA LOW SULFUR DSL FUEL 727 700 1,427 - ................... Grand Total ................., 21,217,135 .................. ................., 23,599,829 ................., .................. ................., 24,422,791 ................., ................. 17,306,488 86,546,243 Page 5 of 5 882 N N M R LU CL ry LL Q s s x LU C v C o N C ` u 2'. 22 O O � JO O O n H C O C O O O V C 7 M C O N O '^ � � W O � O O O O O O O 7 't M C v1 O -J R O O O O O O M O Vi � N M O o C M L ^ O M � N � O O M c C � M � O C M � o � N M O O C 00 O C 1n N 7 � O C R M M lD O O M a r v O o 0 0 o 0 C C w y J F- q �$ q C Lcl O W 03 w a q � _ -' '- 00 N .f m � � � � X L � o �.i �i m � 'J r � ✓�] M O Vi � N M O o C M L ^ O M � N � O O M c C � M � O C M � o � N M O O C 00 O C 1n N 7 � O C M 00 00 R M -J 7 a r v O o 0 0 o 0 C C w y J F- q �$ q M 00 00 R M -J 7 N q o 0 0 o 0 C C J 00 q �$ q C Lcl O W 03 w q � _ 00 N M 00 00 N N M R LU CL ry LL Q s s x LU M C O � � a 0 0 0 0 0 0 0 O N O M `v M 00 .0 cC O 7 h O O1 N � 0o cc � N O - � v O O O r w a z z a < o Q x w of O N O O O O O O 7 O T+ O NO a j 2 m �C O r o 'JM1 N A F 7 O O O O O M C O � � a 0 0 0 0 0 0 0 �G xi � •T N O O `v O N O O M x c 0o cc � o N N o O � v O O Ti w a z z a < o Q M C O � � a 0 0 0 0 0 0 0 a 0 Q w F- 00 a �G xi � •T N O O `v o� cC O O N x c O O O O O O � v O O Ti w a z z a Q x w of O LLJ o w a j w F a 0 Q w F- 00 a �G xi � •T N O O `v N 7 T O O O O O � O T x c 0 7 i d O � v W Ti Q Q a 0 Q w F- 00 a v 00w �G xi � •T N O O N 7 T O O O O O � O T 0 7 d O > d v 00w LO 00 w DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Attachment F - Sample Invoice Diesel and Unleaded Gasoline PORT CONSOLIDATED Salesperson: NVKt ttwbh MtAMII. FORT LAUDERDALE . Order Number. 2929426 WESTPALVt.FORT PIERCE. .._._.._ TAMPA ..JACKSONVILLE ..... 8,914.0000 $2.68300 1.800.683.5823 M"I: (305)887-1288 DFE FEDERAL EXCISE DIESEL FT LAUDERDALE: (954)522-1112 $0.00 Account Number: 101910/001 $0.18500 Invoice Number: 2929426 LOCAL OPTION DSL BROWARD Invoice Data: i0/ml $1,037.10 CITY OF POMPANO BEACH NEF PC DRAWER 1300 POMPANC BEACH, FL 33061-13 ('F``- PURCHASE ORDER; 310160 POI! REQUIRED TERMS : NET 16 DAYS Product Product Description Exhibit A - RFP E-03-22 REMIT TO P.O. BOX 350430 FT LAUDERDALE, FL 33335-0430 FEIN: 69-1173282 �. ............ Amount Due: $ 21,031.40 Due Date: 11/10/21 Shipping Address: CENTRAL GARAGE - TP 1190 NE 3 AVE - BLDG A DEL7 AM -2 PM POMPANO BEACH, FL 33060 COUNTY: BRONIARD Ksthryn.schindel(&copbtL cam Oellvered Quantity Unit Price Extended Prue Driver: LUIS VILLEGAS Vehicle Code: 5633 Low 101111U/154 Salesperson: NVKt ttwbh Shipping I Freight Total: Order Number. 2929426 BOLNumbar, 194460 .._._.._ ............ 913101 ULTRA LOW SULFUR DSL FUEUSULK GALLONS ..... 8,914.0000 $2.68300 ........ ........ .. $10,550.26 DFE FEDERAL EXCISE DIESEL 80.24300 $0.00 DMF STATE MOTOR FUEL DIESEL $0.18500 $1,279.09 LOCAL OPTION DSL BROWARD $0.15000 $1,037.10 POLLUTION DIESEL $0,02071 $143,22 L.U.S.T. DIESEL 8 FED OIL SPILL $0.00314 $21.73 �— ffr03140 Item Note: TANK 1 DELIVERY BETWEEN 7AM - 2PM Comment. THIS DIESEL FUEL DOES NOT CONTAIN VISIBLE EVIDENCE OF DYE There Is a 1 1/2% service charge per month for unpaid amounts over 10 days palet credit terms itis agreed that In the event this bill must be turned over for coilecton, the cost of coilectlon, attome" fee and court costa will be paid for by the above ramed company or vessel and he owners. Products TataL 518,560.28 Shipping I Freight Total: $0.00 Thx Totel: $2.481.14 Totat Due: $21,031 AO ::: LOS sNoIIV9 ZZ -CO -3 dj2j - V I!q!L4x3 Impl. a WOMIXI r-� r4 86 1O ell UWI $ LQ 49E 0- 0 < C� Xx IM 0 jFf u U, aj� —j f� '!� 1-�6 j uj Ic uj ,� ut 0 a - 1, nt VV8(1360C9806-8098-Ct7Ct7-J(190-0003LZC0 :01 adOIGAU3 uf)iSn000 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA ........................................................................................ Exhibit A - RFP E-03-22 YraRsKont;igne PaWie'3 (LC Order Neter: Wt 4uaber: 019440 Port Everglades, rL - South 4: x700138`, Order Date: iN6(21 Load Start: 01261,21 11-412 2701 c ?141th Avp Folio Husber: 0/618 0ad Ead: 10/26/21 12.03 Ft Lauderdale F1 333!6 PRODUCT 1) Older Type: Rack BILL Of LADIR6 --------------------- ;Ross 1.oadsK Nueber: 04 'EMP --------- -- ---- ....... ........ Ac(ount/coasi nee RECEIVED BY 43 WOW 1: 00 086390) TM6160 PORT CONSOLINTLI) NC 0900000700 i SCAZ 1: pm WROPi.[X ENENY INC PORT COliSOLiDATEO, INC, Tractor i: 1006390 I VL4342 Trailer o . 1351 PORT CONSOLIDATED, W. I I Trailer2 4, 85.0 CouAty� 04 Retail or Petrov I (mmme 6 090%900011 MS1511 Dam 15PPR PORT DATED/TERM DrAL)FIL ua lervinal EPA 1: 0412n1[169 Destination 0A is .......... --- VARIOUS, -;L e5 ...... ...... Nis is to urtify that the hmin nW ----------- -------- ........ uterials ire properly elwified de, Tic d n d, aW Inpled, �are ift prqer condition for transportation,acrordirig to the upflcao"lo -------- of t�;Iopar Ne�t of transportation. .. ............ 86� ------ ......... ...... I &N COWNTS: WYE SUPPLIER IR RESPONSIBLE FOR DWIPANON STATE TAX ON KOTOR FUEL EKIAGWY CONTACT: CKOW( (806 424-9300 CCN27618 M21 M TOIALS `Gallons)---___---- -------------------- ............. PRODU0 DESCRIP110A bROSS RET TEP GRAV i0k MESSW WNRIR(S) UL4342 12 41 (15PPN) 7000 014 86.2 N.6 2200,179P,1542 ti K NOO 6914 HID MSG. HA1,391, 2iSE( FUEL, 3, PC, !11, 1 Cargo Wi,, SEE ERG IJUIDE 128 MSG t MESSAGE 0 for (naxitum SULSOARdiac �'Iti,A-Lcy Salfur Wes0 fjel. For Use h all diaS6 40iCI4.154and enjinm—` L5191[LSuF1ETS V EXCFCl ALL 9P CABLE COMPI TAKE STANDARDS AS PER THE Nil NRUNI VERIS109 Of STX D9t5, 1542 UNDYED DIESEL FUEL / FEDERAL TAX IMPOSED, LOW SULFUR DIESEL FUEL 50PLIEDDO 3 ROT ; NIA IN VIS1W EVINC-1' Of DYE' _.__.._...__._______._..._._....__.._____....__-.PRODUCT BY COMPARTML.0 ------------ ...... —1--1 ------- — ------ OMP E,1SiR PRODUCT 1) PRODUCT WE ;Ross NET 'EMP GRAY 01 43 JL4342 12 ULSD 259 240 W2 38.6 O? 43 VL4342 12 ULSD .115PPM� WPM 1000 142 85.0 38.6 04 41 UL4342 62 U1.9 15PPR 1000 ua 86,1 38,6 e5 43 ----------- I)t4342 114 ULSD -------- 15PPM -- --------------------------- 2 5 on 240 86� 38.6 .............. SIJ2JECT TO CHRECTION Oi CL'CRICA{ ERRORS COSMEW: ON H Imp 001 "'OSIOIUR C(L) d. -L., DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA PORT CONSOLIDATED MIAMI. FORT LAUDERDALE. WEST PALM. FORT PIERCE. TAMPA, JACKSONVILLE 1-800,683.5823 MIAMI: (305)687-1266 FT LAUDERDALE: (954)522-1182 Account Number; 1019101001 Invoice Number: 2947194 Invoice Date: 11/18/21 CITY OF POMPANO BEACH N EF PO DRAWER 1300 PURCHASE ORDER, 310160 POft REQUIRED TERMS: NET 15 DAYS ------------------------------------------------------------ Exhibit A - RFP E-03-22 Invoice REMIT TO P.O. BOX 350430 FT LAUDERDALE, FL 33335-0430 Amount Due: $ 8,42518 Due Date: 12/03121 Shipping Address: CENTRAL GARAGE - TP 1190 NE 3 AVE - BLDG A DEL 7 AM - 2 PM POMPANO BEACH, FL 33060 COUNTY: BROWARD kathryn.schindei@copbfI,com Product Product Description Delivered Quantity Unit Price Extended Price Driver: DEMETRIO VASQUEZ Vehicle Code: 6644 Loc: 09/47A Salesperson: PORT HOUSE Order Number: 2947194 BOL Number: 296085184 E902101 GASOHOL 87 ETHANOL 10%1 BULK GALLONS 2,963,0000 $2,43360 $7,210.76 GFE FEDERAL EXCISE GAS TAX $0,18300 $0.00 GMF STATE MOTOR FUEL GAS TAX $0.18625 $551.86 POLLUTION GAS $0.020711 $61,38 LOCAL OPTION GAS BROWARD $0.20000 $592.60 L-U.&T, El 0 & FED OIL SPILL $0.00293 $8.68 58,425,28 Item Note: FUEL IS FOR TANK # 3 REQUESTED DELIVERY HRS - 7AM, 2 PM Products Total: $7,210,76 Shipping / Freight Total: $0.00 There is a 1 1/2% service charge per month for unpaid amounts over 10 days past Tax Total: $1,214.52 credit terms.1t is agreed that in the event this bill must be turned over for collection, the cost of collection, attorneys fee and court costs will be paid for by the above Total Due: $8,425.28 named company or vessel and its owners. DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA SOLD FO I VESSEL Acd 101910 1001 CENTRAL GARAGE - TP A Z1, 33060 Aft 954-78"109 BROWARD qw PORT HOUSE BILLING ADDRESS: CITY OF POMPANO BEACH NEF P0 DRAWER I MQ ALT PHOI� 0eUA0Akk-t OCAI-U Fl� "();I -1200 000 ts f(A '03 7AM - 2 77 ---Product - — -------------------------------- E902/01 GASOHOL 87 ETHANOL I M BULK GALLONS Lallans_ ....... . ...... . . ...... Pricy, Taxes A,1 ',.I A0 E BRETT 954-7864163 Y-11 "�O—) / ///,? (Rcce��ed above gallr)nsy Date Dehvered 014l0flAL rX)F,1Y X I I 0 ........................................................................................ Exhibit A - RFP E-03-22 6:7-111 LM PC affm 1-800.683-5823 www.portconsol(dated.com 71F4AMPTIM u mfI sm I 'SEC NUTES ON BACK In Case of Emergency, (:all PERS, (,800)633-8253 890 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA ........................................................................................ Exhibit A - RFP E-03-22 COMPANYMPLX TERMINALS LLC LOADING TICKET I BILL OF LADING ORIGIN: 909 SE 24TH ST FT LAUL)FIRDALF, FL 33316 COMPANY REGISTRATION NUMBER: 63616 BOL NUMBER: 296086184 REV- 0 (018655) FOLIO #: 20211114 STAR T LOAD 11118/2021 05i20'16 ENO LOAD: 11/1812021 05 30:5t) 30212405: PORT CONSOLIDATED INC- CT:POPTI20TS0004 CUSTOMER ACCOUNT 4: 730212400352050 SHIP TO I DESTINATION: 30212405 : PORT CONSOLIDATED INC- CT.PORTF2()1S000I VARIOUS FL UNKNOWN FL SUPPLIER MPC WH 01-E SALE (CONTRAG V) 11,0, ft� SELLER i MARATHON PETROLEUM COMPANY LP REQUISITION" REST: 99982 RECEIVED BY/ CARRIER: 2698 ' P07 CONSOLIDATED ING SCAC CODE. PCDD TRAILER : 101 WIJERFTHIS DOCUMENT CONSTITU TIES A BILL OF LADING, AND AN EXCEPTION STATED IN 49 C.F.R. A�172 204(0) IS NOT MET, THIS IS) TO CERTIFY TI SAT THE BELOW NAMED MATERIALS ARE PROPERLY CLASSIFIED, DESCRIBED, PACKAGED, MARKED, LABELED AND ARE IN PROPER CONDITION FOR TRANSPORTATION ACCORDING TO THE APPLICABLE REGULATIONS CF THE DEPARTMENT OF TRANSPORTATION.CARRICR CERTIFIES THAT THE CARGO TANK SUPPLIED FOR THIS SHIPMENT IS A LAWFUL CONTAINER FOR TRANSPORTATION OF THE LISTED COMMODITIES, CARRIER CERTIFIES THAT THE CARGO TANK WAS REASONABLY FREE OF EXCESSIVE RESIDUE OR OTHER ccNTAmmmo MATERIALS WHEN PRESENTED FOR LOADING. SEE REVERSE FOR ADDITIONAL TERMS AND CONDITIONS 10103449 VASQUEZ, DEMETRIO (OV) I X I :CARRIER'S AGENT (DRIVER) FOR ANY PRODUCT EMERGENCY, CONTACT CHEMTREC @ 1-800-424-9300. CNN#:1 3740 DOT SHIPPING NAME GALLONS JN1203,GASOLINE,3, PG 11 3,002 SEE AOTIES COMP PROD DESCRIPTION GROSS NET TIEMP GRAV BELOW ------------- 1 7841 87 OCTANE REG ULAR W11 0010 ETHANOL 3,002 2,963 6tO 63 2 6,10,48 TOTALS: 7641 87 OCTANE REGULAR W110% ETHANOL 3,002 2,963 NOTES DETERGENT-ADDI'TIZED ()ASCLJNF, 10 WINTER CO. EiO: CONTANS BETWEEN 9 AND 10 VOL % ETHANOL. IB [HIS VOLUME Of- NEAP OR BLENDED ETHANOL IS DESIGNATED AND INTENDED FOR USE AS TRANSPORTATION FUEL OR JET FUEL IN THE 48 U.S. CONTIGUOUS STATES AND HAWAII. ANY PERSON EXPORTING THIS FUEL G SOBJFGT TO TIE REQUIREMENTS OF 40 GFR 90,1430, - RECEIPT IS ACKNOWLEDGED OF THE ABOVE MERCHANDISE IN GOOD CONDITIONS AND IN THE QUANTITIES INDICATED, 93 " " --'-----891 N N co O W CL LL ry Q Q i X W M 1 w LD D o O Ql 1� Ln v O m n n m N Ln Ln OM w � n LO Ql LD V 0 O Ln 1� Ln LD Ln w O Ln LD O -1 -t c-1 <D c-1 r -I M Ln � O m Ln m 00 of c -I N m N M m c -I a) In N r, w N m m m Ln 00 Ln r- o N Ln om x m 0) n r, m N O Ln ti n 0) Ln N m N .Nr m w n N N w LO m m O Lo N N m Ln n LD c N N n Ln w M M rn Ln O al O LD -4 Ln -4 c -I n Ln O 1 ri at LD w n -1 rl m Ln al lD Lo m M t Ln N n LD al r1 ci LO -e 00 N n n LD m 01 Ln N c N N M n n c -I N N M m m m-zt O N ,4 LO rt w M w 01 ,4 Ol N dl c -I 4 M N N j Ln -zt M N cli n O Ln Ln N N ci lD n-Zt m m O O O m M w r r a c-1 ri lD Ln olLD 1-1 00 M n O M N LD Rr O Ln w Ln M M 00 M c-1 r1 lD LD O O .--I n o 00 0 0) n ci n N O LD LD Ln .-i M Ln Ln LD m Ln o Ln Ln r-1 n N c -I N 7 c -I Ln O ^ m m M I 1l M M r-1 w N c-1 O O N La w Ln c -I c -I LO l0 N N c l 00 N LD N 00 M -CT � � o m o o -° N-1 00 c -I N LD Ln Ln Ln N m Ln .-I .-I M at n a n m N T ri N 0 N m 00 c -I N rl N N al M n O O Ln rll� m m M M Ln N r N O N O M r O N N Ln M O O LD N O LO O al LD w w O -4 M O -1 1, Ln N T LO N m 00 c -I lD M c -I rl Ln a) 1� a) O a) 1- Ln t0 al 00 N M O N -zt Ln O r a O w Ln LO M wM -4 N c-1 00 N LO O N N ,�r Ln o m n Lf) n al .-I O M M w n c -I N Ln n Ln n a) N O O N M LLnn c-1 11 �t w -i n O Ln Ln Ln w LO 1l O LD V Ln V 01 Lo Lo It r Ln w N -1 c-1 to 00 n N N V) Z Ln z w n Q Z 0z Z O J O O Q JJ J J y Q J Z y U Y (D (D m aJ c mco m \ m m O vi J J Ln Y C7 LL O O O O O O In J-4 Z \ n Ln J LL J J Q o O J 0 0= LL 2 LL 2� 2 2 n N LL LL >O w Q w w LLn Ln O O K O O O Q x x w\ o 0 0 0- J w w O p O O 0 w w M� J Ln w Ln Ln w w Q >-Q Q E LL —— E N O o O (D (D U U O O Ul- N r, Lo w rn 1, 1, m In r� In O 1 m m N m m4* T O al c Lni w M LD Ln O O n 10 M LO I N N N Ln m to m 00 11 m 'T O c -I 00 F, r, Ln -zt Ln a n O ci M 00 a D M V LD n ci N al n V 0) 'T O 7 00 lD -;T N w Ln M N a1 Cl) 00 O al 00 M lD N 0) Ln N m O O Ln I -1 N c -I Ln N m LO m c -I O ^ w O n ri w m O r1 M Ln Ln '!I c-1 N al Ln O LD 't c -I lll!. m m Lo of m oo n O ci M 00 a D M w -1 m LD n O n -zt n Ln m m O r1 o -j n Ln n M N N 0O O� CO al Ln O r1 ci -zt -zt -1 M! al n n -zi O n jI n Ln M M al LD O 11 oo r, o m Ln m o o n oo Ln 'T zt w Lo Ln O -Zt O "-1 n N w c-1 lD M M 00 n O n O n Ln1 n n e -I j w -1 m LD n O n rI 1- m a Ln a m rI w N N al LO 'T m n N w m LD Ln Nrl j LD Ln N N n jI 14 oo r, o m Ln m o o n oo Ln Ln O N Ln n Ln 14 1--1 N lc m rl N 7 N N cl �l 1-1 -4 LD M w n 00 tO �I N al O LD -4 Ln -4 c -I n Ln O 1 v 0) r, O rn Ln m MSI n olM IlM M't a n M al w Ln a n a 00 00 LD O n iI at a w N 1, Ln c Ln Ln M M O O O Ln Ln M 00 m Ln m O a M a-1 LD a) a) w 1, -zt N i 1 N DO N w LD n 0111 N j Ln Ln O n N <D 00 O N o0 it w Ln n O LD Lo c -I c M a-1 M M c-1 of LO MZt-1 IR I O n c-1 M n M j N LO LD N n al ei i O N j O M Ln N N 1- al w W P I a -I 1-1 N LD M -4 LO n Ln 17 lzj lzz c -I M N n O �' N O N N r m w Ln O LD n i1 n N e-0 j w w La O 0 Ln O m M I 1l M M r-1 w N c-1 O O N La w Ln c -I c -I LO l0 n al n �I O LoN N � I c -I e -I 7 m N Ln O N N Ln N Ln O m n al cr O al to 0)l <0 � I v rn r m r, oo's n m N T OO �I O Lo "i yl t In I Z Ln z Ln Ln Q Z Q Z Z I J O J O O U Q Q Q Q Z y J jl y O Y O 0 => J lY1 J J J J \ m m m0 J m\ m m O (, O O N Y J l LL O tY 0 0 n Ln O 1 J c -I O c -I c -I LY m Ln Z V J LL J J \\ Q O J O O LL _ I M J D Q Q QJ J W jl LL x� x x v) LL LL J r O r F� w O � w J w w O D D J rn N n QM 61 J Q Q O U O !. 00 K Ol w Q x x x w N O J O O H w w- J ON _ D- x J J J Q Z < O p O O x W W C7 x Jn w n n n Ln Q} Q Q LL W W LLLL N C7 D C7 (7 U O O D U c-1 w� N c -I V Ln N N M V V LO r1 V M O N LD w m m r m H N n O V al Ln v r, .zt M r LO O M r O r1 � M l0 Ln O N N O -1 n N m zt c Ln m m w O O w w to m w m O ci m n Lo m m w 7 Ln n N Ln r m m w o a rn Q M Ln M N Ln w O N N n lD O a O O L, Ln �t O -1 Z3, Ln O 00 It a n n O lD Ql Ln M 1-1 M O O N c Ln N O O O LO Ln o a m r -1 a O LDD Ml 11 000 V c w V c n m m a w m m 1l 7 1-1 O LO m t LD zll m N 1, Ln m m a Ln w m Ln n M N O LO 1-1 O Ln O O M m m N Lo N m N ' c -I n n N Ln c -I r, Ln W l0 N �* M N n M c -I M N LO c -I M M Ql O N O 7 1l O w N - Zt Ln N N LO n O n O O:T m w O n c -I c -I O Ln O M w w O Ln :T I;zr LD N O 'T LD . 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Ln lD lD o m rn . . rn o . . a m a . . . m ti L, o . . m m D n n R M M n co N I� lT Ql lT M N N M M N N ci .-I .-I N N .-i .-I M N ri N lfl M M m N rl N N rl N M n 1p Ln V N Ln Ln V N lD Ln c0 O -zt N lO lD lD M N ci n O O m 0o r, co -ZT ci O -1 Vl M DO Ln n ID O N n O 0 M Ln O o 00 01 Ln Dl N Ln o co O M n a O o o N c-1 rl n N 00 O co co c-1 .-y rl Ln co n Dl N O O lO rl N N N N V7 O V) LD N Ni N Dl cllD M .-i M l0 clM 01 ci lzl Dl O0 0 V7 It lL Ln M 0 n N 0 0 0 n -1 LD w N m o M n N DO M w n w Ln 0 Ln W M N W 1� n lT n zi, N N N O7 L\ n W m m N N M N M N rl rl rl N N N N rl N N rl DD M M M N N N' lD M r D1 N o r N m o a r, co Ln lD Ln m o a Ln m m o Ln r, Ln m r, a Ln w o r N m n't Ln 00 N�t 't Ln lD -1 Ol Ln Ln lO 0) -Zt lD 00 M w O m O LO N Ln W O o N m n c -I N 00 o �t rl Ln Ln m m m O O LO -zt M Ol Ln r o o N Ln O co N w 0 N r1 co M lzj r1 lD M O oc M N rl In M Dl O N Vl N N M l0 Dl N O Ln o Ol lzj oc Ol D1 M ei o T O r1 lO 1:110 MM Lf) N0 O N N rl L N 1p O � N co l!1 LD � LD CO N > ON1 V m m 0) ��-1 O r-4 rl O Ol O m M LI) M N M N ri N N rl rl rl N N n 1p Ln V N Ln Ln V N lD Ln c0 O -zt N lD Ln N M 00 lD 0 lT w M D1 r1 lD co N N o n N rt to m 0 N V N n lD O N N O n n Ol lD n V O M M Ol 00 m .--1 01 .--1 m 0 O M M r, .-1 n CO V .-1 n N O lD O O lD lD rl V) V CO V) M n CO r1 N � Dl O r1 M VI O m � Ma) CO V rl V Dl lD rl M n V) Tt CO D1 V O m lD V O M Dl lD lD N 00 O 't lD tD lD n h 0 CO -zt �t M Ln N co rl N M 0) N O rl rl M M M m V M m N N H N N N N rl N N N N N N rl M n M m n m -1 Vl 00 N O ID O O n Dl N m Ln Ol -Zt M 00 co M m M �t N N O M n O 01 N N V rl V) l0 N Ln co N rl rl lD O Ln lD O lD LD O rl M O Vl N m m rl N rl lc lD I -i Ln N lD Ln V r1 Ol Q'i Ln 1p r1 lD c Ln 00 c OlOl W O1 r1 Dl Lll 7 � 7 � N lD N 7o) co ri N � ri m m lD m n n r mo m m lD M ri lD' lO 7 n m r to n N W 1, O Ln rl ID M n co O N M N N M N r1 N r1 V N Ln t m -zt N rl N N Ln n N ID n D1 rl O ID co Lb N N N 't-zt V1 V1 �t M 0 V) N m O V1 W m r1 rl N O N o Ln N co lD N O 7 Ln m o Ln M N M n N rl M O M M M m O -Zt - rl I, lD O O lD Vl r, lD V1 lzl O O lz� O n O r1 r1 Ol N n oc00 M W T cl 0 V) � rl Dl oc 00 V1 O m I, N0 �--� V7 w O V7 T Mm m o n O m lD V1 V) n M lD m It O It O O r N �t ,. m N Ln co N zt M zt N co M 1-1 -Zt Ln O N rl rl co I- W M M M N N N N rl rl M N N N N N rl rl N rl M o lD M r D1 N o r N m o a r, co Ln lD Ln m o a Ln m m o Ln r, Ln m r, a Ln w o r N V1 0 rl �-;t N n W n N 00 0 N 0 O V) r1 00 w 00 r1 M O co rn V1 ID -zt N V1 O t W LT lO M rl M M c LO clN O N lc N ll lc cl Lf) M Ol N T W lD V1 N Ol M V1 lz� o It Ln LnM Ln o M N V) l c-1 N o M m Ln m -1 a O tD O I, c-1 I, c-1 I� LD r DD m V) V7 al lD rl 1-11 00 00 O m m M M M M N M rl rl N N rl rl O m m m M M M N rl N m rl N 0 to a) rl 1, O r1 O n lD lD Ln rl N n N rl M M M n Vl V1 Vl 0 V] co n Dl O n N co N lO o lzt N Ln w co m N M N w Ln o M Ln Ln Ln Ln Co :t c0 N cn N M D1 0 T V1 O-Zt V7 1, V1 n n O M M N M N W W W M N V] w W M n DO V1 al t 0 co D1 V1 00 dl N O m lD lD N rl D1 D1 D1 l N lD Cl V1 lO n O0 N lD O lD V1 O Dl Dl lO n rl rl 0 N N o co N t Ln ;t N N V1 N rl rl co M m r1 rl rl co co o rl N M N M N N N N M N N N N rl M Ln co co N N �t Lo N w Lo oo N N n M Ln �t M N M �-Zt O CO N o N m LD N co Ol O O N O W I" VI O Q1 O LT N rl m N n o Ln 0 r1 n W O Co r1 LT Ln M Ln �t Ln Ln O n l0 N D1 N N O O N Ln Ol Ln O n Ln N T l0 lr O 00 O Cl N Il CO O a O a O lt O ei m Ln M M M w n Nrl r, Nm O n rn n LD Moo M In M V1 rl n n LD n LD lO dl Ln M Ln Ln lD O c -I co W CO I, CO N m M M N M N rl N rl rl rl rl e -I M M M N N N N N N M n W rl ID CD rl N V1 to Ol n N 't rl M N N n lD r1 N r1 N ID -;t r -t lD r rl O I, N -,t O7 Ln N M H w W co o lb m co Ln O N N t N V w Ln <o m -Zt Ln co n co O O lO N rl V1 V1 V1 V) O0 N W N Ln m r1 r, 17 N CO N oc m N N CO N m Ln W 1;1 O1 1;1 O O1 w m Ln co rl M lD N N rl m m CO 't O1 rl O m Ol O N rl O Ln I, 't rl M L, N <D LPI O '.O rl l0 o) M N O N Ln N N rl D1 o a) rl N co co c0 N N -It M rl M N rl rl N m Ln Z O J J Q LL LL wLL w LL LL Z ui ui Z Z Z w Z LL LL } Z w w LL U. a V w Z Z O p U U Q LL V w = LL w m W p O Q Z Q H Q LL cm ui W In ca Ll LL m p OZ O r1 O r1 d 0 r1 w O r1 C O rl p O rl LL O rl O rl W O rl w O rl O rl W m M N fV Q� N fV ,I) N N Z N fV J N N O N N Li N N O N N Y N N Z N N 0 N N J ~ O \ \ O \ \ 0: O \ \ O \ \ M O r4 r -J r4 rJ \ \ J O \ \ w O r4 r -J\ \ a 0 \ \ O \ \ Ln O \ r -j\ LL 0 rj \ \ u o 0 0 0 0 0 o O o Q o 0 0 0 0 0 0 0 o N o 0 0 0 0 0 0 0 o Z o 0 o W o 0 0 N w p 0p Olo C 0p Ol O Op Ol O O �' 01 O p 0p Ol O 0p Ol O w Op MO 7 �' O1 O W m N N O O � rl N C � rl N LL � rl N N N a -jrl N N O Q O O o > 0 0 o J 0 0 o LL O 0 0 LL O 0 0 LL O 0 0 Q 0 0 o LL o 0 0 LL O o O LL O 0 0 LL 0 0 0 J N N N N N N N N N N N N O N N N O N N N N N N O N N N O N N N O N N N O N N N \ \ U \ \ O \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ � � rl rt rl m rl rt rl v rl rt rl F rl rt rl F rl rt rl F rl rt rl � rl rt rl F rl rt rl F rl rl rl F rl rl rl F rt rl rt CO Ln Ln v u u co u v v v D M a) 00 rn 00 cN-I O m bjO m Q 't n rl N m tD O n L9 N 00 rl t N Ln N W O1 V O1 00 V1 00 W 00 W N n O1 r1 'IT O1 W Y m N l0 r, c-1 V1 M o0 F, c -i m M c -i O M I, O 00 lO V lO O r O 00 m 00 c-1 Ln m mcy) O C N O 00 . . lD O �--I . . . 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N L11 W N N dl �T 01 N It �t O LD Ln W �t V1 I, N <0 1p 1p O N -t -t M L11 O M M rl rl rl rl rl rl rl X 3 a X +� L V1 O O N 7 N O V I� lD O 0 rl O Q1 N Vl N O M N f1 LD lN O lD 00 Ln N m V1 V M l Ln V N V 00 O Ol O O O �--� 0 0 r1 r1 O lD UD 0 r4 W rl N Ln n O M 1p 00 0 Ln lzzl Ol 00 00 rl O W .-i Ol Ol Ol 01 M 00 N V N V M V Cl Ili Cl O Ol r1 Vi r1 M N M Q rl Ln lD V 00 00 V1 l0 V1 Ln Ln lD -zt n V1 V n r n l0 lD O M N O lD lD M M rl U N c -I N N c -I 5 C 0 mzt N N 7 0 O V O 01 �t 00 Ol O N 00 V o N N D N m O Ln Ln W Ln N rl �t O O O O r1 M 1, M O 00 -Zt M rl -Zt O1 O rl 1-1 rl M Ol -tt n lD O lD �t l0 Ci a lD lD Ln o Ln 00 .i Ln rn 00 rl O 1 a O m a m Ci 0 N cl Ln a lD Ln M rn rn lD l0 01 W O1 N Lr) 00 M Ln O lD w 00 lD 7 n l0 lD lD m N N m m Ln I, 01 N rl rl O uO rl M 00 O 1--1 I, n L9 0O V1 M 1, V1 00 O M N �t O n LD rl 00 N M M V1 M U �t Ol M O Il O 00 m a 1- c-1 l0 O w Vf m M M m .-i M .--1 O cV m M lD 1, 00 .-y Il Q M M 1� Ln Ol O lD Ln O M Ol N V1 lD O V1 lzl ' 't Ol Ol Ol rl O lzz 0 lzl lzz lzz r1 rl I� r M O1 O1 M V7 r, 00 N l0 M V) It rn I, n n to ID lD c -I M N V7 -t M n N C L4 f0 U N 00 l0 O M O100 l0 00 O o O rl r, lD N n 00 O W rl O V1 O1 C) N C) O a) O1 O Ln M C 0 00 N Ltl N N cN lo V1 W LD r1 V1 lD 00 In N n M N Ol O N O -0 l0 V1 � . . 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'D O 1n O m LLl1 0o O O .-I O r1 ri O m .zt c -I 00 Ln m c -I m N m In to co Ln c -I O N 0 1� O r-1 O0 V N c-1 -1 lD 00 1n O r, O W N M L/) O m V c -I c -I -1 -4 m co m m � r1 ,� ti Ln n in Ln o w m n o 0o v n LL LL W W ZW Z LL LL W Z W W Z LL LL W to = U Z w W l7 V LL Z Z Z Z Q O = LL W = U LL l } Z Orl OriZ -IQO-ILO W QOl= O -I QW m !n Q Z O ci W O -1 N m p[ N V N N U N N Z N [D N N N N 1 0 0 p� O O O W O 0 0 O O O O O O Q O 0 0 0 0 0 0 0 0 0 0 y) \ \ Q N \ \ > N \ 1 N \ \ w N \ \ N \ \ OC N \ \ w N \ \ N \ \ N \ J N \ \ = N \ \ W 0 O LL o 0 o Q o 0 0 0 0 0 0 o Z o 0 0 w_ 0 0 0 0 0 O 0 0 0 Q o 0 a o 0 0 0 0 0 d o 0 w o o LLw 0 4 W m o 0 M m o O 06 m o W m o O 06 m o Q 06 m6 00 o LL Co o O oo d O c -I N c -I N N d .--I N OC c -I N LA c -I N c -I N U c -I N H c -I N N c -I N Z c -I N V O O W O O O 0 p O LL O o O Q O 0 0 LL O 0 0 LL O 0 0 LL O 0 0 LL O 0 0 LL O O 0 0 0 0 LL 0 0 0 LL � a N� Z N� p N g r 3 N N 0 N � 0 N r0 N�( O N A r0 N r,4 Z N r p N�4 rq p c -I c -I J c -I c -I c -I Q r1 c -I F c -I N c -I � c -I c -I c -I F N i --I N F c -I c -I c -I F c -I c -I c -I F c -I ci N F N r1 O r1 c -I c -I F c -I c -I c -I F > v m u u u u u u v O O O V1 to O 1l N to M O W 1, O O O O O Ln n N v1 00 rl N m a m ci ri N a -Zt O O m n .-I M r -I c -I r -I ci In rl N -1 O Ln a a m r1 O O O In c-1 r1 In M lD M Ln CO O V1 O M 1, 0 0 0 1-1 ZT O 1l lD w 1, LD N W tV C O m O 1n O r N c-1 O r c-1 I -i N N N N �T M M N N N 00 N 'D O 1n M m N in O O .-I O O m .zt 00 Ln m to m N m In to co Ln m N 0 1� O r-1 O0 V N c-1 -1 lD 00 1n W m V c -I c -I -1 -4 m V N 1-1 N N ,-1 t in Ln o w m n o 0o v n O m 1, 00 O n CO N O 1n O 00 m m M N N 7 M Ln V m m N N N V c -I O O Ln ZT O m 1, O n O O O O N O O N r1 N Ln w 1-1 -4 1-1 O w 1, �* w N 1n m M t c -I c -I M N N M C3) O 1, M N Ln N O lD N N N lD N N N N N m O M O 00 1n V1 N c-1 N O � O c-1 Nm m 00 c -I N N N c -I O1 O m It co N N N M N Ln m N N N Ln O .-1 O Ln O O co c-1 1, m cO n O r1 c N LL LL W W ZW Z LL LL W Z W W Z LL LL W to = U Z w W l7 V LL Z Z Z Z Q O = LL W = U LL l } Z Orl OriZ -IQO-ILO W QOl= O -I QW m !n Q Z O ci W O -1 N m p[ N V N N U N N Z N [D N N N N 1 0 0 p� O O O W O 0 0 O O O O O O Q O 0 0 0 0 0 0 0 0 0 0 y) \ \ Q N \ \ > N \ 1 N \ \ w N \ \ N \ \ OC N \ \ w N \ \ N \ \ N \ J N \ \ = N \ \ W 0 O LL o 0 o Q o 0 0 0 0 0 0 o Z o 0 0 w_ 0 0 0 0 0 O 0 0 0 Q o 0 a o 0 0 0 0 0 d o 0 w o o LLw 0 4 W m o 0 M m o O 06 m o W m o O 06 m o Q 06 m6 00 o LL Co o O oo d O c -I N c -I N N d .--I N OC c -I N LA c -I N c -I N U c -I N H c -I N N c -I N Z c -I N V O O W O O O 0 p O LL O o O Q O 0 0 LL O 0 0 LL O 0 0 LL O 0 0 LL O 0 0 LL O O 0 0 0 0 LL 0 0 0 LL � a N� Z N� p N g r 3 N N 0 N � 0 N r0 N�( O N A r0 N r,4 Z N r p N�4 rq p c -I c -I J c -I c -I c -I Q r1 c -I F c -I N c -I � c -I c -I c -I F N i --I N F c -I c -I c -I F c -I c -I c -I F c -I ci N F N r1 O r1 c -I c -I F c -I c -I c -I F > v m u u u u u u v N N co O W CL W ry Q X W 0 lD -4 N h. . 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O +--� N O O Ln O n MC) O O M N I M ,�-I O CO O00 Ln M O d1 O O O l0 al I�r O m m Ln M Ln Ln O Ln Ln ;:r O ^ V- Ln NO O Ln 00 r.N M ,--I +� ko T --I Ln ,--I Ln M Z Ln Ln O O O Mm co t.0+ r" Ln 00 q I� 00 M 1-1 -4 N 00 M ,--I ,--i � O O Lf ) LO CD r14 00 co N V- all , l N ,�-i Ln N -J II II II i m O OD 0 0 0 ++ N O O U O CD O� o _a �O i i i i N � +� 0 0 0 0 0 0 0 0 0 0 0 o C L ate+ 0L. d7 oj w L (Q L m L (u o— E o— E o QL LA U U :3 X U :3 Q Q U) d7 U) 7 cA � cn C'1 m � C� � � L(n ��(n L (n- yn £ C- JEC ENQ m E a) o Q L (D o Q" E a) o U0-1 LUAU U,LoU ul EwOU Ln 0 m N N co O LU CL LL Q x LU O d E d x i O ~ � lC W O zaM Oocth ca > s 3 O U) L d LL d d 0 ca d Q O N LU 2) U) U O m U Z Y N M Z NQ J O7 LO CD LO H M L ^M I..L N C O O c) N co O c Q C .O N N co cn cn O (B cn N M N L O LL U) M:3 W N N M N LU m LU 2 LU LU Q � U o U M 0 cu L 0- H U O O N U a) O L O a> s a> -a 0 CL 0 a� 7 O E N cn O U E m O C N O N O U N m CD 0 m DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA SAMPLE SERVICE CONTRACT Exhibit A - RFP E-03-22 THIS AGREEMENT is made and entered into this day of 20 by the City of Pompano Beach ("City") and a corporation or limited liability company ("Contractor") WHEREAS, City requires services which Contractor is capable of providing under the terms and conditions described herein; and WHEREAS, Contractor is able and prepared to provide such services to City under the teens and conditions set forth herein. NOW, THEREFORE, in consideration of those mutual promises and the terms and conditions set forth hereafter, the parties agree as follows: 1. Contract Documents. This Agreement consists of the Scope of Work set forth in Exhibit "A" (the "Work") and, the Insurance Requirements set forth in Exhibit "B", both of which are attached hereto and made a part hereof, and all written change orders and modifications issued after execution of this Agreement. 2. Purpose. City contracts with Contractor to provide services upon the terms and conditions set forth herein. 3. Scope of Work. Contractor shall provide the Scope Services set forth in Exhibit "A" and insurance set forth in Exhibit `B" both attached hereto and made a part hereof If the Work requires Contractor to provide materials or complete the Work within a specified time frame or in accordance with certain plans and specifications, these terms and conditions shall be set forth and included in Exhibit A and Contractor agrees to provide said materials or Work in accordance therewith. Contractor and Contractor's heirs, executors, administrators, successors and assigns, do hereby agree to full performance of all covenants contained herein on Contractor's part. 4. Term of Contract. This Contract shall be for a term of one (1) year or less beginning with the date this Contract is fully executed by both parties. 5. Renewal. In the event City determines Contractor to be in full compliance with this Agreement and Contractor's performance thereunder to be satisfactory, then City, with City Commission approval, shall have the option to renew this Agreement for an additional one (1) year term upon the written consent of both City and Contractor provided that City provides written notice of its intention to renew within sixty (60) days of the termination date of this Agreement. OR Remove the following language if not applicable: This Contract is not subject to renewal. 907 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 6. Maximum Obligation. City agrees to pay Contractor for providing the Work and insurance required hereunder. Both parties agree that unless otherwise directed by City in writing, Contractor shall continue to provide the Work for the term of this Agreement. 7. Price Formula, Payment and Invoices. A. Price Formula. City agrees to pay Contractor for performance of the Work set forth in this Agreement as follows: Payment of a not to exceed Fixed Fee of $ Fixed Fee of $ per month or a Not to Exceed B. Payment. All payments by City shall be made after the Work has been verified and completed. Unless disputed by City as provided herein, upon City's receipt of a Proper Invoice as defined in §218.72, Florida Statutes, as amended, City shall forward Contractor payment for (i) construction services defined as all labor, services, and materials provided in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvement to real property that require a license under Parts I and 11 of Chapter 489, Florida Statutes, within twenty-five (25) business days and (ii) forty five (45) days for all goods and services provided other than construction services. City may temporarily remove for review any disputed amount, by line item, from an invoice and shall timely provide Contractor written notification of any such disputed charge. Contractor shall provide clarification and a satisfactory explanation to City, along with revised copies of all such documents if inaccuracies or errors are discovered, within ten (10) days of receipt of City's notice of the disputed amount In the event City has a claim against Contractor for Work performed hereunder which has not been timely remedied in accordance with the provisions of this Article 7, City may withhold payment for the contested amount, in whole or in part, to protect itself from loss on account of defective Work, claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor, and/or Contractor's failure to make proper payments to subcontractors or vendors for material or labor. When the reason(s) for withholding payment are removed or resolved in a manner satisfactory to City, payment shall be made. Resolution of improper payment requests or invoices shall be in accordance with §218.76, Florida Statutes, as amended. C. Invoices. If required by City, Contractor shall submit invoices to City on a monthly basis or on 8. Disputes. Any factual disputes between City and the Contractor in regard to this Agreement shall be directed to the City Manager for the City, and such decision shall be final. Service Contract Page 2 of 12 908 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 9. Contract Administrators, Notices and Demands. A. Contract Administrators. During the term of this Agreement, the City's Contract Administrator shall be and the Contractor's Contract Administrator shall be (or their authorized written designee) as further identified below. B. Notices and Demands. A notice, demand, or other communication hereunder by either party to the other shall be effective if it is in writing and sent via email, facsimile, registered or certified mail, postage prepaid to the representatives named below or is addressed and delivered to such other authorized representative at the address as that party, from time to time may designate in writing and forward to the other as provided herein. If to Contractor: Office: Cell: Email: Fax: If to City: , Contract Administrator Office: Cell: Email: Fax: With a copy to: Antonio Pucci, Contract Manager 100 West Atlantic Blvd. Pompano Beach, FL 33060 Phone: (954) 786-5574 Email: antonio.pucci@copbfl.com 10. Ownership of Documents and Information. All information, data, reports, plans, procedures or other proprietary rights in all Work items, developed, prepared, assembled or compiled by Contractor as required for the Work hereunder, whether complete or unfinished, shall be owned by the City without restriction, reservation or limitation of their use and made available at any time and at no cost to City upon reasonable written request for its use and/or distribution as City deems appropriate provided City has compensated Contractor for said Work product. City's re -use of Contractor's Work product shall be at its sole discretion and risk if done without Contractor's written permission. Upon completion of all Work contemplated hereunder or termination of this Agreement, copies of all of the above data shall be promptly delivered to the City's Contract Administrator upon written request. The Contractor may not disclose, use, license or Service Contract Page 3 of 12 909 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 sell any work developed, created, or otherwise originated hereunder to any third parry whatsoever. The rights and obligations created under this Article shall survive the termination or expiration of this Agreement. To the extent it exists and is necessary to perform the Work hereunder, City shall provide any information, data and reports in its possession to Contractor free of charge. 11. Termination. City shall have the right to terminate this Agreement, in whole or in part, for convenience, cause, default or negligence on Contractor's part, upon ten (10) business days advance written notice to Contractor. Such Notice of Termination may include City's proposed Transition Plan and timeline for terminating the Work, requests for certain Work product documents and materials, and other provisions regarding winding down concerns and activities. If there is any material breach or default in Contractor's performance of any covenant or obligation hereunder which has not been remedied within ten (10) business days after City's written Notice of Termination, City, in its sole discretion, may terminate this Agreement immediately and Contractor shall not be entitled to receive further payment for services rendered from the effective date of the Notice of Termination. In the event of tennination, City shall compensate Contractor for all authorized Work satisfactorily performed through the termination date under the payment terms set forth in Article 7 above and all Work product documents and materials shall be delivered to City within ten (10) business days from the Notice of Termination. If any Work hereunder is in progress but not completed as of the date of the termination, then upon City's written approval, this Agreement may be extended until said Work is completed and accepted by City. 12. Force Mai eure. Neither party shall be obligated to perform any duty, requirement or obligation hereunder if such performance is prevented by fire, hurricane, earthquake, explosion, war, civil disorder, sabotage, accident, flood, acts of nature or by any reason of any other matter or condition beyond the control of either party which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall economic hardship or lack of funds be considered an event of Force Majeure. If either party is unable to perform or delayed in their performance of any obligations hereunder by reason of any event of Force Majeure, such inability or delay shall be excused at any time during which compliance therewith is prevented by such event and during such period thereafter as may be reasonably necessary for either party to correct the adverse effect of such event of Force Majeure. Contractor must follow all Federal, State, County, and City safety guidelines, including all CDC safety guidelines in effect during the term of the program, including but not limited to social distancing, and personal protection equipment. Inability to conduct the program and follow any and all required safety guidelines from the COVID-19 crisis or other similar emergency, or failure to follow such requirements including, but not limited to, social distancing, shall constitute grounds for immediate cancellation of this Agreement unilaterally by the City upon written notice, which may be provided via electronic mail. The parties, by mutual agreement, may reschedule the performance of the services to a later date pursuant to the terms of this agreement. Service Contract Page 4 of 12 910 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 13. Insurance. Contractor shall maintain insurance in accordance with Exhibit "B" throughout the term of this Agreement. 14. Indemnification. Except as expressly provided herein, no liability shall attach to the City by reason of entering into this Agreement. A. Contractor shall at all times indemnify, hold harmless and defend the City, its officers, officials, employees, volunteers and other authorized agents from and against any and all claims, demands, suit, damages, attorneys' fees, fines, losses, penalties, defense costs or liabilities suffered by the City arising directly or indirectly from any act, breach, omission, negligence, recklessness or misconduct of Contractor and/or any of its agents, officers, or employees hereunder, including any inaccuracy in or breach of any of the representations, warranties or covenants made by the Contractor, its agents, officers and/or employees, in the performance of services of this contract. Contractor agrees to investigate, handle, respond to, provide defense for, and defend any such claims at its sole expense and to bear all other costs and expenses related thereto, even if the claim(s) is/are groundless, false or fraudulent. To the extent considered necessary by City, any sums due Contractor hereunder may be retained by City until all of City's claims for indemnification hereunder have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. B. Contractor acknowledges and agrees that City would not enter into this Agreement without Contractor's indemnification of the City. The parties agree that one percent (1 %) of the total compensation paid to Contractor hereunder shall constitute specific consideration to Contractor for the indemnification provided under this Article and these provisions shall survive expiration or early termination of this Agreement. 15. Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by the City of its sovereign immunity limits as set forth in section 768.28, Florida Statutes. Nothing herein shall be construed as consent from either party to be sued by third parties. 16. Non -Assignability and Subcontracting. A. Non -Assignability. This Agreement is not assignable and Contractor agrees it shall not assign or otherwise transfer any of its interests, rights or obligations hereunder, in whole or in part, to any other person or entity without City's prior written consent which must be sought in writing not less than fifteen (15) days prior to the date of any proposed assignment. Any attempt by Contractor to assign or transfer any of its rights or obligations hereunder without first obtaining City's written approval shall not be binding on City and, at City's sole discretion, may result in City's immediate termination of this Agreement whereby City shall be released of any of its obligations hereunder. In addition, this Agreement and the rights and obligations herein shall not be assignable or transferable by any process or proceeding in court, or by judgment, execution, proceedings in insolvency, bankruptcy or receivership. In the event of Contractor's insolvency or bankruptcy, City may, at its option, terminate and cancel this Agreement without any notice of any kind whatsoever, in which event all rights of Contractor hereunder shall immediately cease and terminate. Service Contract Page 5 of 12 911 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 B. Subcontracting. Prior to subcontracting for Work to be performed hereunder, Contractor shall be required to obtain the written approval of the City's Contract Administrator. If the City's Contract Administrator, in his/her sole discretion, objects to the proposed subcontractor, Contractor shall be prohibited from allowing that subcontractor to provide any Work hereunder. Although Contractor may subcontract Work in accordance with this Article, Contractor remains responsible for any and all contractual obligations hereunder and shall also be responsible to ensure that none of its proposed subcontractors are listed on the Convicted Vendors List referenced in accordance with the provisions of Article 28 below. 17. Performance Under Law. The Contractor, in the performance of duties under the Agreement, agrees to comply with all applicable local, state and/or federal laws and ordinances including, but not limited to, standards of licensing, conduct of business and those relating to criminal activity, and the Americans with Disabilities Act (ADA). 18. Audit and Inspection Records. The Contractor shall permit the authorized representatives of the City to inspect and audit all data and records of the Contractor, if any, relating to performance under the contract until the expiration of three years after final payment under this contract. The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that City or any of their duly authorized representatives shall, until the expiration of three years after final payment under the subcontractor, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions related to the subcontractor. 19. Adherence to Law. Both parties shall adhere to all applicable laws governing their relationship with their employees including, but not limited to, laws, rules, regulations and policies concerning worker's compensation, unemployment compensation and minimum wage requirements. 20. Independent Contractor. The Contractor shall be deemed an independent Contractor for all purposes, and the employees of the Contractor or any of its contractors, subcontractors and the employees thereof, shall not in any manner be deemed to be employees of City. As such, the employees of the Contractor, its Contractors or subcontractors, shall not be subject to any withholding for tax, social security or other purposes by City, nor shall such Contractor, subcontractor or employee be entitled to sick leave, pension benefits, vacation, medical benefits, life insurance, workers or unemployment compensation or the like from City. 21. Contractor cooperation. The Contractor recognizes that the performance of this contract is essential to the provision of vital public services and the accomplishment of the stated goals and mission of City. Therefore, the Contractor shall be responsible to maintain a cooperative and good faith attitude in all relations with City and shall actively foster a public image of mutual benefit to both parties. The Contractor shall not make any statements or take any actions detrimental to this effort. Service Contract Page 6 of 12 912 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 22. Public Records. A. The City of Pompano Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law, as amended. Specifically, the Contractor shall: Keep and maintain public records required by the City in order to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically 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. B. Failure of the Contractor to provide the above described public records to the City within a reasonable time may subject Contractor to penalties under l l 9.l 0, Florida Statutes, as amended. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 100 W. Atlantic Blvd., Suite 253 Pompano Beach, Florida 33060 (954) 786-4611 Service Contract Page 7 of 12 913 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 RecordsCustodian Ico bfl.com 23. Governing Law. Agreement must be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement will be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit will be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS AGREEMENT, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 24. Waiver and Modification. A. No waiver made by either party with respect to performance, manner, time, or any obligation of either party or any condition hereunder shall be considered a waiver of that party's rights with respect to the particular obligation or condition beyond those expressly waived in writing or a waiver of any other rights of the party making the waiver or any other obligations of the other party. B. No Waiver by Delay. The City shall have the right to institute such actions or proceedings as it may deem desirable for effectuating the purposes of this Agreement provided that any delay by City in asserting its rights hereunder shall not operate as a waiver of such rights or limit them in any way. The intent of this provision is that City shall not be constrained to exercise such remedy at a time when it may still hope to otherwise resolve the problems created by the default or risk nor shall any waiver made by City with respect to any specific default by Contractor be considered a waiver of City's rights with respect to that default or any other default by Contractor. C. Either party may request changes to modify certain provisions of this Agreement; however, unless otherwise provided for herein, any such changes must be contained in a written amendment executed by both parties with the same formality of this Agreement. 25. No Contingent Fee. Contractor warrants that other than a bona fide employee working solely for Contractor, Contractor has not employed or retained any person or entity, or paid or agreed to pay any person or entity, any fee, commission, gift or any other consideration to solicit or secure this Agreement or contingent upon or resulting from the award or making of this Agreement. In the event of Contractor's breach or violation of this provision, City shall have the right to terminate this Agreement without liability and, at City's sole discretion, to deduct from the Price Formula set forth in Article 7 or otherwise recover the full amount of such fee, commission, gift or other consideration. 26. Attorneys' Fees and Costs. In the event of any litigation involving the provisions of this Agreement, both parties agree that the prevailing party in such litigation shall be entitled to recover from the non -prevailing party reasonable attorney and paraprofessional fees as well as all out-of-pocket costs and expenses incurred thereby by the prevailing party in such litigation through all appellate levels. Service Contract Page 8 of 12 914 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 27. No Third Party Beneficiaries. Contractor and City agree that this Agreement and other agreements pertaining to Contractor's performance hereunder shall not create any obligation on Contractor or City's part to third parties. No person not a party to this Agreement shall be a third -party beneficiary or acquire any rights hereunder. 28. Public Entity Crimes Act. As of the full execution of this Agreement, Contractor certifies that in accordance with §287.133, Florida Statutes, it is not on the Convicted Vendors List maintained by the State of Florida, Department of General Services. If Contractor is subsequently listed on the Convicted Vendors List during the term of this Agreement, Contractor agrees it shall immediately provide City written notice of such designation in accordance with Article 9 above. 29. Entire Agreement. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 30. Headings. The headings or titles to Articles of this Agreement are not part of the Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. 31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy, email or facsimile copy of this Agreement and any signatory hereon shall be considered for all purposes as original. 32. Approvals. Whenever CITY approval(s) shall be required for any action under this Agreement, said approval(s) shall not be unreasonably withheld. 33. Absence of Conflicts of Interest. Both parties represent they presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with their performance under this Agreement and that no person having any conflicting interest shall be employed or engaged by either party in their performance hereunder. 34. Binding Effect. The benefits and obligations imposed pursuant to this Agreement shall be binding and enforceable by and against the parties hereto. 35. Employment Eligibility. By entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E -Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit or County Court no later than 20 Service Contract Page 9 of 12 915 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. 36. Severability. Should any provision of this Agreement or the applications of such provisions be rendered or declared invalid by a court action or by reason of any existing or subsequently enacted legislation, the remaining parts of provisions of this Agreement shall remain in full force and effect. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Service Contract Page 10 of 12 916 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year hereinabove written. Attest: ASCELETA HAMMOND, CITY CLERK (SEAL) APPROVED AS TO FORM: MARK E. BERMAN, CITY ATTORNEY CITY OF POMPANO BEACH LE Lo REX HARDIN, MAYOR GREGORY P. HARRISON, CITY MANAGER Service Contract Page 11 of 12 917 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit A- RFP E-03-22 Witnesses: (Print or Type Name) (Print or Type Name) STATE OF COUNTY OF "CONTRACTOR" (Print or type name of company here) By: Print Name: Title: Business License No. The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of , 20_, by as of a Florida corporation on behalf of the corporation or a Florida limited liability company on behalf of the company personally known to me or who has produced (type of identification) as identification. NOTARY'S SEAL: Service contract 11/7/2019 ACP He/she is NOTARY PUBLIC, STATE OF FLORIDA (Name of Acknowledger Typed, Printed or Stamped) Commission Number Service Contract Page 12 of 12 918 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 al City of Pompano Beach Purchasing Division li 1190 N.E. 3rd Avenue, Building C � Pompano Beach, Florida, 33060 m wp N°"9wwl al°ra9w, I) November 22, 2021 ADDENDUM #1, RFP E-03-22 UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP To Whom It May Concern, I. The following changes have been made to Attachment A, page 2: • Section 2.2 currently reads: Pricing of Unleaded 87 Octane Gasoline is to be proposed using the following methodology: Daily Published OPTS Gross CBOB Ethanol 10% Unleaded Unbranded Rack Average Price (For the applicable Reid Vapor Pressure - RVP on the date of delivery of product at the rack). Plus Positive or Negative differential proposed for 87 Octane Unleaded on Proposal Form, Paragraph 6. (Differential to be constant regardless of the applicable RVP.) • Section 2.2 has been revised to read: Pricing of Unleaded 87 Octane Gasoline is to be proposed using the following methodology: Daily Published OPTS Gross CBOB Ethanol 10% Unleaded Unbranded Rack Average Price (For the applicable Reid Vapor Pressure - RVP on the date of delivery of product at the rack). Plus Positive or Negative differential proposed for 87 Octane Unleaded per section 2.1. (Differential to be constant regardless of the applicable RVP.) UK DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 Addendum #1, E-03-22 II. The following changes have been made to Attachment A, pages 2 and 3: • Section 2.3 currently reads: Pricing of Ultra Low Sulfur Diesel #2 is to be proposed using the following methodology: Daily Published OPIS Gross Ultra Low Sulfur Distillate No. 2 Unbranded Rack Average prices. Plus Positive or Negative differential proposed for Diesel Fuel #2 Ultra Low Sulfur on Proposal Form, Paragraph 6. • Section 2.3 has been revised to read: Pricing of Ultra Low Sulfur Diesel #2 is to be proposed using the following methodology: Daily Published OPIS Gross Ultra Low Sulfur Distillate No. 2 Unbranded Rack Average prices. Plus Positive or Negative differential proposed for Diesel Fuel #2 Ultra Low Sulfur per Section 2.1. III. Attachment F - Sample Invoice, which included a bill of lading and invoice for diesel fuel, has been replaced by Attachment F — Sample Invoice Diesel and Unleaded Gasoline, which includes bills of lading and invoices for both diesel and unleaded gasoline. IV. Attachment G - Product and Account Gallon Report has been added to the Attachments Tab of the City's eBid System. V. Attachment H - E-13-17 Analysis Comparison Ranking has been added to the Attachments Tab of the City's eBid System. VI. Attachment I - E-13-17 Voting Matrix has been added to the Attachments Tab of the City's eBid System. VII. Attachment J - Sample Service Contract has been added to the Attachments Tab of the City's eBid System. 1 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Addendum #1, E-03-22 Exhibit A - RFP E-03-22 Addendum #1 is posted on the City's eBid website: http://pompanobeachfl.ionwave.net. Acknowledge receipt of this Addendum using the Addendum Attribute on the Attributes tab in the eBid System. The deadline for receipt of written questions has passed. The deadline for acceptance of proposals in the eBid system has been extended to 2:00:00 p.m. (local), December 6, 2021. The remainder of the solicitation is unchanged at this time. Sincerely, Jeff English, Purchasing Agent cc: website 921 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Online Questions & Answers Event Information Number: E-03-22 Addendum 1 Title: Unleaded Gasoline & Diesel Fuel Type: Request for Proposals Issue Date: 10/28/2021 Question Deadline: 11/22/2021 05:00 PM (ET) Response Deadline: 12/6/2021 02:00 PM (ET) Notes: Exhibit A - RFP E-03-22 The City of Pompano Beach, Lead Agency and hereinafter referred to as the City, is seeking proposals from qualified companies to provide unleaded gasoline and diesel fuel to participating agencies of the Southeast Florida Governmental Purchasing Cooperative Group (Cooperative). The City will receive sealed Proposals until 2:00:00 p.m. (local). December 6, 2021. Proposals must be submitted electronically through the eBid System on or before the due date/time stated above. Any Proposal received after the due date and time specified will not be considered. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Proposer must be registered on the City's eBid System in order to view the solicitation documents and respond to this solicitation. The complete solicitation document can be downloaded for free from the eBid System as a pdf at: htt s://'om anobeachfl.ionwave.net.The City is not responsible for the accuracy or completeness of any documentation the Proposer receives from any source other than from the eBid System. Proposer is solely responsible for downloading all required documents. A list of Proposers will be read aloud in a virtual public forum. To attend the virtual public meeting, go to,httgs://www.gompanobeachfl.gov/Mpgtin, s to find the link. Page 1 of 7 pages Deadline: 12/6/2021 02:00 PM (ET) E-03-22 Addendur 922 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Published Questions Exhibit A - RFP E-03-22 Question: Could you please provide a copy of the previous bid tabulations as well as copies of BOLs and Invoices for both gas and diesel? Is this bid broken up in the trailer load and tank wagon deliveries? Is this an all or nothing bid? What is the average delivery size per location? What is the total estimated delivered volume per year? The turnaround time for invoices is 24 hours, does the vendor need to provide backups with the invoice? Could you please provide the street address and cities for these locations? Main Courthouse Shop N Regional courthouse Midrise Main Library S Regional Courthouse Public Safety Bldg 1 Public Safety Bldg 2 Public Safety Bldg 3 W Regional Courthouse Medical Examiner Booher Bldg. EOC BCGC West Tank 1 BCGC West Tank 2 1200 Garage Gov. Center Central Warehouse NW Regional Library Mental Health N Homeless Shelter Hughes Bldg. African American Library S Regional Maint Ctr Lowrise: 2600 SW 4th Ave. Ft. Laud, FL 33315 Answer: The previous solicitation was not a bid, but an RFP. Attachment H - Analysis comparison ranking has been provided in Addendum - 1. Attachment F- Sample Invoice Diesel and Unleaded Gasoline has been provided in Addendum - 1. Yes, proposals should have separate amounts for transport loads and tank wagon deliveries. Yes, this is an all or nothing RFP. Attachments D and G provide delivered volume information. Yes. Bills of Lading should be received with delivery of product. Quick invoice turn -around facilitates prompt payment from municipalities. 1. Broward Main Courthouse - 201 SE 6th St Fort Lauderdale, 33301 2. N. Regional Courthouse - 1600 W Hillsboro Blvd, Deerfield Beach, 33442 3. Midrise Office Building - 540 SE 3rd Ave. Fort Lauderdale, 33301 4. Main Library - 100 S Andrews Avenue, Fort Lauderdale, 33301 5. S. Regional Courthouse - 3550 Hollywood Blvd., Hollywood, 33021 6. Broward Public Safety Building - 2601 W Broward Blvd., Fort Lauderdale, 33312 7. Broward Public Safety Building - 143 NW 25 Terr., Fort Lauderdale, 33311 8. Broward Public Safety Building - 120 SW 3rd St., Pompano Beach, 33060 9. W. Regional Courthouse - 100 N Pine Island Road, Plantation, 33324 10. Medical Examiner - 5301 SW 31 st Ave., Fort Lauderdale, 33312 11. Booher Building - 3275 NW 99th Way, Coral Springs, 33065 12. EOC BCGC - 201 NW 84th Ave., Plantation, 33324 13. Broward Government Center - 115 S Andrews Ave., Fort Lauderdale, 33301 14. Broward Government Center West - 1 N University Dr., Plantation, FL 33324 15. Government Center 1200 Garage - 151 SW 2nd St., Fort Lauderdale, 33301 16 Central Warehouse - 960 NW 38th St. Oakland Park, 33309 17. NW Regional Library - 3151 N University Dr., Coral Springs, 33065 18. N. Homeless Shelter - 1700 NW 30 Ave., Pompano Beach, 33069 19. African American Library - 2650 Sistrunk Blvd., Fort Lauderdale 33311 Asked: 11/22/2021 10:55 AM (ET) Page 2 of 7 pages Deadline: 12/6/2021 02:00 PM (ET) E-03-22 Addendur 923 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 Question: Would the Southeast FL Coop consider extending the due date? Answer: The deadline has been extended to 12/6/2021. Asked: 11/19/2021 02:30 PM (ET) Question: Can you please provide the addresses for the Broward County EOC, West Tank 1 & 2 & Mental Health? Answer: Broward EOC 201 NW 84th Ave., Plantation, 33324 Asked: 11/19/2021 02:30 PM (ET) Question: Can you please provide the addresses for Broward County Public Safety Buildings 1, 2 & 4? Answer: 2601 W Broward Blvd., Fort Lauderdale, 33312 - 701 SW 71 st Ave., North Lauderdale, 33068 - 120 SW 3rd St., Pompano Beach, 33060 Asked: 11/19/2021 02:29 PM (ET) Question: If a split occurs, is the fee to be included in the bid differential pricing or a separate line item on the invoice? Answer: There shall be no fee for the split. Asked: 11/19/2021 02:28 PM (ET) Question: If a split occurs, how many sites are to be split per delivery? Answer: A maximum of two sites. Asked: 11/19/2021 02:28 PM (ET) Question: What percentage of time are deliveries split between multiple locations? Answer: Less than five percent (5%) of all transport loads are split locations. Asked: 11/19/2021 02:28 PM (ET) Question: Are gas and diesel delivered together on the same shipment? Answer: Yes, about 10% of all transport loads are split product. Asked: 11/19/2021 02:28 PM (ET) Question: Would the SE Florida Coop be able to provide historical monthly volume usages by fuel grade? Answer: Attachment G - Product and Account Gallon Report is included in Addendum - 1. Asked: 11/19/2021 02:27 PM (ET) Question: When will the awarded vendor be notified to lock the fixed price? Answer: The figure for unbranded rack average +/- the differential of the awarded company will be finalized at negotiation. Asked: 11/19/2021 02:26 PM (ET) Page 3 of 7 pages Deadline: 12/6/2021 02:00 PM (ET) E-03-22 Addendur 924 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 Question: How will the awarded vendor be notified to lock the fixed price? Answer: The figure for unbranded rack average +/- the differential of the awarded company will be finalized at negotiation. Asked: 11/19/2021 02:25 PM (ET) Question: If you were to award/select a fixed price, do you want a "all in" price or just a differential to the NYMEX? Answer: Taxes will not be included in the proposed differential. Asked: 11/19/2021 02:25 PM (ET) Question: Will the above ground tanks require the delivery truck to provide a pump for offloading? Answer: Yes. Asked: 11/19/2021 02:25 PM (ET) Question: Or are wet signatures required for bids to be considered responsive? Answer: An electronic signature may be permitted for the RFP response, but the awarded company shall be required to provide a wet signature to execute the contract resulting from this RFP Asked: 11/19/2021 02:24 PM (ET) Question: Will bids be considered responsive if electronic signatures are used? (i.e. DocuSign) Answer: An electronic signature may be permitted for the RFP response, but the awarded company shall be required to provide a wet signature to execute the contract resulting from this RFP. Asked: 11/19/2021 02:24 PM (ET) Question: Who is the current vendor? Answer: Port Consolidated, Inc. Asked: 11/19/2021 02:24 PM (ET) Question: Please provide tax exemptions / certificates. Answer: As a part of executed individual municipal contracts, the awarded company will receive tax exemption certificates from each of the respective municipalities. Asked: 11/19/2021 02:24 PM (ET) Question: Please provide the tabulations for the current contract. Answer: The Analysis Comparison Ranking and Voting Matrix for E-13-17 are included in Addendum - 1. Asked: 11/19/2021 02:23 PM (ET) Question: Can you push this back a week or 2 with the the Thanksgiving Holiday being just before the bid opening? Answer: The deadline has been extended to 12/6/2021. Asked: 11/18/2021 11:29 AM (ET) Page 4 of 7 pages Deadline: 12/6/2021 02:00 PM (ET) E-03-22 Addendur 9255 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 Question: Can we look at the last weighted tabulations from this bid? Answer: The Analysis Comparison Ranking and Voting Matrix for E-13-17 are included in Addendum - 1. Asked: 11/18/2021 11:27 AM (ET) Question: The due date for submission is the Monday after Thanksgiving. Would you consider moving the submission date a day or two later? Answer: The deadline has been extended by one week to 12/6/2021. Asked: 11/8/2021 04:27 PM (ET) Question: Do any of the sites in need of marine product? Answer: Marine product is not addressed in this RFP. Asked: 11/8/2021 04:25 PM (ET) Question: 13. What is the average delivery size received by each location? 14. Do you have a minimum gallon order quantity? 15. What is the anticipated award date? 16. Is there a local preference for this bid? 17. If yes, how is the local preference calculated into the scoring for award? 18. Will Federal Environmental Recover Fee, Federal LUST, and miscellaneous county taxes / fees be included in price differential or shown as a separate line item on invoice? 19. Are taxes to be included in the differential pricing? 20. What percentage of total volume will be locked under the fixed price agreement? 21. Will the entity lift gallons from the "open market" while also under the locked fixed NYMEX price contract? 22. In light of the current COVID-19 pandemic, will an electronic signature be allowed in this solicitation, or does AISD require a "wet" signature? Answer: 13. This information is not available. 14. The Alternate Fuels section (Section F -8-c of the solicitation document) is the only section where minimums have been expressly permitted. 15. 1/11/2022 is the tentative award date. 16. There is no local preference for this solicitation. 17. There is no local preference for this solicitation. 18. Taxes will be shown on a separate line item on invoice. 19. No. 20. Upon execution of its individual contract each participating agency will purchase all of its contracted fuel under this agreement. 21. Upon execution of its individual contract each participating agency will purchase all of its contracted fuel under this agreement. 22. An electronic signature may be permitted for the RFP response, but the awarded company shall be required to provide a wet signature to execute the contract resulting from this RFP. Asked: 11/8/2021 10:31 AM (ET) Page 5 of 7 pages Deadline: 12/6/2021 02:00 PM (ET) E-03-22 Addendur 926 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 EDBAA Exhibit A- RFP E-03-22 Question: 9. Please provide site delivery addresses for the following 8 locations as they are blank on Attachment B: a. Town of Palm Beach, D-7 Storm Station Australian (DOCKS), Palm Beach. b. City of West Palm Beach: i. Valley Forge Re -Pump ii. Cumberland Re -Pump iii. Kaye St Re -Pump iv. St Mary's Re -Pump v. Ibis Re -Pump vi. Palm Beach Re -Pump vii. Other Fire Stations c. Broward County Sheriff, MM 35 Alligator Alley 10. Please provide tank sizes for the following locations: a. 3201 W Copans Rd, Pompano Beach b. 3201 W Copans Rd Ft. Lauderdale c. 1521 N 14th Ave, Hollywood d. 13900 Pembroke Rd, Miramar e. 3376 Summit Blvd, West Palm Beach f. 4375 Easley Dr, West Palm Beach g. 220 SW 14th Ave, Ft. Lauderdale h. 949 NW 38 St, Ft. Lauderdale 11. Please provide annual volume per site per tank. 12. Please provide the estimated amount on gallons that are expected to be delivered by Transport truck and how many are to be delivered by Tank Wagon? Answer: 9. a. There is no physical address [like a building address] because the fuel tank is between the Australian and Peruvian Docks. Google Earth shows the closest address is 378 South Lake Dr. b. i -vi. No longer in service. Disregard vii, 700 N Congress Ave. 10. Tank sizes are stated in Attachment B c. Correct address is 1621 N 14th Ave. 11. Attachment G - Product and Account Gallon Report will be included in Addendum -1. 12. Transport volume is approximately 75% of the total volume, and Tank Wagon volume is approximately 25% of the total volume. Asked: 11/8/2021 10:31 AM (ET) Page 6 of 7 pages Deadline: 12/6/2021 02:00 PM (ET) E-03-22 Addendur 927 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit A - RFP E-03-22 Question: Standard Bid Questions / Clarifications: Mansfield Oil Company of Gainesville, Inc. will be participating in the bidding process of the above -referenced project. To accurately prepare our submission, we need clarification/answers to the following questions: 1. Which OPIS city are vendors to base their price proposal off of? 2. Would all entities need an OPIS subscription? 3. Are there any entities in locked fixed pricing currently? 4. Do you plan to award to one vendor? 5. Do you plan to split the award between multiple vendors? 6. How often are deliveries split between multiple locations? 7. Please provide a current gas and diesel invoice. 8. Please provide a current gas and diesel Bill of Lading. Answer: 1. Miami 2. Attachment A Section 9 "OPIS MEMBERSHIP" reads as follows: Successful Proposer shall provide City either a subscription to the latest edition of the OPIS Publication PAD 1 report edition, or OPIS Invoice Checker or similar OPIS product that will allow the City to validate the Successful Proposer's pricing on an as needed basis. 3. Attachment D includes a list of participating agencies who have agreed to purchase fuel under the terms and conditions of the contract resulting from this RFP. 4. Yes the awards for this contract will be to a single vendor. 5. No. 6. Less than five percent (5%) of all transport loads are split locations. 7. Per Addendum - 1, Attachment F has been revised to include bills of lading and invoices for both diesel and unleaded fuel. 8. Per Addendum - 1, Attachment F has been revised to include bills of lading and invoices for both diesel and unleaded fuel. Asked: 11/8/2021 10:30 AM (ET) Page 7 of 7 pages Deadline: 12/6/2021 02:00 PM (ET) E-03-22 Addendur 928 DocuSign Envelope ID: C327FODO-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. E-03-22 Addendum 1 Port Consolidated, Inc. Event Information Number: E-03-22 Addendum 1 Title: Unleaded Gasoline & Diesel Fuel Type: Request for Proposals Issue Date: 10/28/2021 Deadline: 12/6/2021 02:00 PM (ET) Notes: The City of Pompano each, Lead Agency and hereinafter referred to as the City, is seeking proposals from qualified companies to provide unleaded gasoline and diesel fuel to participating agencies of the Southeast Florida Governmental Purchasing Cooperative Group (Cooperative). The City will receive sealed Proposals until 2:00:00 p.m. (local), December 6, 2021. Proposals must be submitted electronically through the ed System on or before the due date/time stated above. Any Proposal received after the due date and time specified will not be considered. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Proposer must be registered on the City's ed System in order to view the solicitation documents and respond to this solicitation. The complete solicitation document can be downloaded for free from the ed System as a pdf at: Il'ittl13s:HIlaoiiinll,)air-iolbeaclhfllonwave net. The City is not responsible for the accuracy or completeness of any documentation the Proposer receives from any source other than from the ed System. Proposer is solely responsible for downloading all required documents. A list of Proposers will be read aloud in a virtual public forum. To attend the virtual public meeting, go to Page 1 of 4 pages Vendor: Port Consolidated, Inc. E-03-22 Addendur 929 DocuSign Envelope ID: C327FODO-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. to find the link. Contact: Jeff English Address: Purchasing 1190 NE 3rd Avenue Building C Pompano Beach, FL 33060 Phone: (954) 786-4098 Fax: (954) 786-4168 Email: purchasing@copbfl.com Page 2 of 4 pages Vendor: Port Consolidated, Inc. E-03-22 Addendur 930 DocuSign Envelope ID: C327FODO-D8DF-4343-B5Dl3-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. Port Consolidated, Inc. Information Contact: on Carlton Address: 3141 SE 14th Ave Fort Lauderdale, FIL 33316 Phone: (800) 683-5823 Email: dcariton@portconsolidated.com By submitting this Response I affirm I have received, read and agree to the all terms and conditions as set forth herein. I hereby recognize and agree that upon execution by an authorized officer of the City of Pompano Beach, this Response, together with all documents prepared by or on behalf of the City of Pompano Beach for this solicitation, and the resulting Contract shall become a binding agreement between the parties for the products and services to be provided in accordance with the terms and conditions set forth herein. I further affirm that all information •d contained within this response to be true and correct, and that I have the legal authority to submit this response on behalf of the named Supplier (Offeror). Don Carlton dcariton@portconsolidated.com Signature Email Submitted at 1112012021 10:48:24 AM Requested Attachments ........... ............... ........... ................. ................. ................. �11/ 0/ 0 �4-, Response Attachments -11-- . ........................................................................... . ....................................................................................................................................................................................................................................................................................... ''I'l''''I'll''''I'll'll''''I'll'll''''I'll''''I'll'','ll''''I'll''''I'll'I .................................. .. .. ... .. .. .. .. .. . ... .. . .... Vendor Certification Regarding Scrutinized Companies Lists Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or services over $1,000,000, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. As the person authorized to electronically sign on behalf of Respondent, I hereby certify by selecting the box below that the company identified above is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. Fs/1 Certified (Certified) 2 Conflict of Interest For purposes of determining any possible conflict of interest, all bidders must disclose if any City of Pompano Beach employee is also an owner, corporate officer, or employee of their business. Indicate either "Yes" (a City employee is also associated with your business), or "No". (Note: If answer is "Yes", you must file a statement with the Supervisor of Elections, pursuant to Florida Statutes 112.313.)Indicate yes or no below with the drop down menu. I No 7 Page 3 of 4 pages Vendor: Port Consolidated, Inc. E-03-22 Addendur 931 DocuSicin Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. 3 Terms & Conditions Check the box indicating you agree to the terms and conditions of this solicitation. [Z Agree (Agree) 4 Acknowledgement of Addenda Check this box to acknowledge that you have reviewed all addenda issued for this solicitation. MV Yes (Yes} Page 4 of 4 pages Vendor: Port Consolidated, Inc. E-03-22 Addendur 932 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit B - Proposal of Port Consolidated, Inc. COMPLETE THE PROPOSER INFORMATION FORM ON THE ATTACHMENTS TAB IN THE EBID SYSTEM. PROPOSERS ARE TO COMPLETE FORM IN ITS ENTIRITY AND INCLUDE THE FORM IN YOUR PROPOSAL THAT MUST BE UPLOADED TO THE RESPONSE ATTACHMENTS TAB FOR THE RFP IN THE EBID SYSTEM. PROPOSER INFORMATION PAGE 03-22 Unleaded Gasoline & Diesel Fuel for Southeast Governmental Cooperative Group RFP , (number) (RFP name) To: The City of Pompano Beach, Florida The below named company hereby agrees to furnish the proposed services under the terms stated subject to all instructions, terms, conditions, specifications, addenda, legal advertisement, and conditions contained in the RFP. I have read the RFP and all attachments, including the specifications, and fully understand what is required. By submitting this proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this proposal. Proposal submitted by: Name (printed)Don Carlton Title President Company (Legal Registered) Port Consolidated Federal Tax Identification Number 59-1173292 Address 3141 SE 14th Avenue City/Stateizip Fort Lauderdale, FL 33316 Telephone No. 800-633-5823 Fax No. 954-527-1191 Email Addressdcariton@portconsolidated.com 933 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. I j iJ>fff lor 3141 SE 14th Ave. - P.O. Box 350430 Ft. Lauderdale, FL 33335 Phone: (954) 522-1182 Fax: (954) 527-1191 Toll Froo: (800) 683-5823 November 20, 2021 Jeff English City of Pompano Beach 1,190 NE 3rd Avenue Building C Pompano Beach, FL 33060 Cover Letter — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP — RFIP E-03-22 Dear Mr. English: lin behalf of Port Consolidated, I would like to thank the City of Pompano Beach for the opportunity R participate in this RFP. Below you will find our official contact information. Name of Firm: Port Consolidated Physical Address: 3141 SE 14th Ave., Ft. Lauderdale, FL 33316 Mailing Address: PO Box 350430, Ft. Lauderdale, FL 3333 Corporate Website: www.portconsolidated.com Corporate Phone: 800-683-5823 Corporate Fax: 954-527-1191 Point of Contact: Don Carlton, President E -Mail Address: dcarlton@portconsolidated.com Per the terms of the RFP, the following is a brief outline of Port Consolidated and its history: * The company has been marketing petroleum products in Florida since 1967. 0 We have locations in Miami, Ft. Lauderdale, Pompano, Riviera Beach, West Palm Beach, Fort Pierce, Fort Myers, Tampa, Orlando, Palatka, Jacksonville, and Fernandina Beach. 0 Port Consolidated currently supplies a multitude of municipalities throughout the State of Florida for not only day to day supplies, but hurricane and emergency fuel as well. Miami - Ftlaudwdaie - West Palm Beach - FtTlercp - Orlando - Jacksonville - Tampa 934 wwwpoMronsofldaled,com DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. or caldd@d 3141 SE 14th Ave, - P.J. Box 350430 Ft. Lauderdale, FL 33335 Phone: (954) 522-1182 Fax: (954) 527-1191 Toll Free: (800) 683-5823 0 Our company owns and operates a fleet of over 60 tankwagons and over 60 tractor trailers, which gives us the largest and most comprehensive delivery capabilities in the area. a We currently have supply agreements with several major oil companies, notably Chevron, Marathon, Valero, Metroplex, Colonial, Musket, Indigo Energy, and Motiva. These supply agreements allow us to pull product from not just Port Everglades, but the Ports of Tampa, Canaveral, Jacksonville, Orlando, and Savannah as well. Our ability to pull product from multiple suppliers, in multiple Ports, during emergency situations allows us to continue to supply our customer base while our competitors will be forced to sit on the sideline. * We own and operate over 15 different petroleum storage facilities throughout the State of Florida. * Port Consolidated is privately owned and is registered as an "S" Corp with the State of Florida, Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel free to contact me at any time. Sincerely, �7 /7 Don Carlton President Port Consolidated Miami - RI-luderdain - West Palm Beach - Ft -Pierce - Orlando , Jacksonvilk, - Tampa 935 www.portronsolfdated.com DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. or AN&W 3141 SE 14th Ave. - P.O. Box 350430 Ft. Lauclordale, FL 33335 Phone: (954) 522-1182 Fax: (954) 527-1191 Toll Free: (BOO) 6133-5823 Jeff English City of Pompano Beach 1190 NE 3rd Avenue Building C Pomnano Beach, FL 33060 Personnel — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENT COOPERATIVE GROUP — RFP E-03-22 I Dear Mr. English: Per the terms of the RFP, the following is a list of key personnel that will be assigned to this account: 0 Customer Service — Fay Francisco, Linda Rogers, Jasmin Harris, Kyara Figueroa, Vanessa Burch, — 954- 522-1182 — cspev@portconolidated.corn • Billing Inquiries — Kathy Coppola — billingfll@portconsolidated,com • Invoice Copy Request—Jesse Dechant -877-345-1098 x1023 • Credit/Collections — Michelle Thompson — 877-345-1098 x8809 • 24/HR Emergency Line — 800-683-5823 • Account Manager— Don Carlton — 800-683-5823 x1017 Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel free to contact me at any time, Sincerely, '41 arlton President Port Consolidated Miami - FI.Lauderdalp - West Palm Beach - FtRierre � Orlandc - Jac+,sonville - Tampp 936 wwwportconaolidated,corn �mm o'Pmp�a��mC�s ma�u Inc. oncuG�nEnvelope m:C3u7rVoU�8or4343'o5oo'9O853o1co8AA ' l Consolidated, "d ro ddombL� IT W41 SE 14th Ave, - R0. Box 350430 Ft. Lauderclate, FL 33335 Phone: (954) 522-1182 Fax (954) 527-1191 Toll Free: (800) 683-5823 November 20, 2021 Jeff English City of Pompano Beach 1190 NE 3rd Avenue Building [ Pompano Beach, FL 33060 0earMr.English: Per the terms of the RFP, the following is a brief description of the obligations of the Co-op participants. 1. All Participants' storage tanks must be registered accordingly with all local code enforcement agencies. 2. Participating agencies can order fuel Monday through Friday from 7:30 AM to 5-00 PM, 3. orders will beaccepted via phone, ore-maii Automatic deliveries and/or weekly top -offs are recommended for tankwo4ondeliveries. 4. Orders inby3PIM are guaranteed next day service. 5. Port Consolidated expects Co-op participates to pay within the defined terms of the agreement. Failure todosumay result inrefusal qfservice. G. Port Consolidated does not have volume purchase requirements for participating agencies. However, if anagency does riot purchase product onaregular basis, mecannot guarantee supply during an emergency situation. Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel free to contact me at any time, � Don Carlton President Port Consolidated w*mi'Ftla"dem"*'w"yPalm Beach 'Ftparc"'mIardn'Ja"ks*=m 'Ta"pa 937 �mm o'Pmp�a��mC�s ma�u Inc. oncuG�nEnvelope m:C3u7rVoU�8or4343'o5oo'9O853o1co8AA ' l Consolidated, 3141 SE 14th Ave. - P.O. Box 350430 Ft. Lauderdale, FL33335 Phone: (954) 522 -1182 Fax: (9596271|81 Toll Free: (800) 683-5823 November 20, 2021 Jeff English City ofPompano Beach 1190NE3rd Avenue Building Pompano Beach, FL33OG0 Dear Mr. English: Per the terms of the RFP, the following is a brief description of our Contingency Plan of Action. 1. Port Consolidated has contracted with 4 different suppliers in Port Everglades for approximately 5 million gallons per month of diesel and 1 million gallons per month of gasoline, Z. Port Consolidated has contracted with 3different suppliers inthe Port ofTampa and Orlando for approximately 3 million gallons per month of diesel and 375K gallons per month of gasoline, l Port Consolidated also has active accounts in Port Everglades with 4 other suppliers. 4. Port Consolidated operates 13 different petroleum storage facilities in Florida that can hold up to 3 million gallons ofproduct. S. Port Consolidated has more rolling assets than any supplier in the State of Florida. VVehave the ability to shift those assets from one market to another depending on where the emergency needs arise. G. Port Consolidated fills any/all petroleum storage available throughout its network prior toany named storm. This storage capacity will allow us continuous operation while the other terminals are not releasing product. 7� Port Consolidated operates 9offices throughout the State nfFlorida, VVehave computer servers stored atahurricane proof facility inDade and B/owardCounty. Our office can function from any one *four 9 offices throughout the State. 8. Port Consolidated has a fleet of mobile generators in stock to position at any of our locations that may experience a power outage. Miami 'pu="dem*le'West Palm o=" 'Rpw°°'Orlando -Jac�onvifle -1ampa 938 �mm o'Pmp�a��mC�s ma�u Inc. oncuG�nEnvelope m:C3u7rVoU�8or4343'o5oo'9O853o1co8AA ' l Consolidated, Poalddsid fffff 3141 SE 14th Am - P.0, Box 350430 Ft. LRUderdale, Fl- 33335 Phone: (954) 522-1182 Fax: (954) 527-1191 Toll Free: (800) 683-5823 9. Port Consolidated operates 6 different Cardlock facilities (private fueling stations) throughout the Tri- Countyarea. These facilities are not open tothe public. They dnrequire card activation through the {FN network. IU. Port Consolidated has the ability to pull product from all other Florida Ports should Port Everglades become 'incapacitated. These 10 simple steps should allow us to function properly throughout a time of crisis, Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel free to contact me at any time. President Port Consolidated Miami - F1.1-auderdale - Wert Pilm Beach - Ft. Him - Orlando - Jacksonville - Jampa 939 (Dori Carlton President Port Consolidated Miami - F1.1-auderdale - Wert Pilm Beach - Ft. Him - Orlando - Jacksonville - Jampa 939 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. RFP E-03-22 UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP ATTACHMENT "A" SPECIFICATIONS & REQUIREMENTS The table included in Attachment `B" provides information from each Participating Agency as regards the size, type and location of fuel storage tanks and their estimated monthly usage of the various fuels included in this Request for Proposals. 1. SPECIFICATIONS 1.1 Successful Proposer will sell to all participating agencies the following products (the "Products") : • "Ultra Low Sulfiu diesel": No. 2 Ultra Low Sulfur, on -road, clear, taxable diesel fuel per ASTM D975 -08a specifications, or latest revision. • "Ethanol Gasoline": 10% Ethanol blended gasoline per ASTM D4814 -07b specifications, or latest revision. 1.2 Additional, Optional Fuel Products: • Midrange Unleaded Gasoline: Minimum Octane of 89.0 • Ultra Low Sulfur #2 Red Dye Diesel "5% Biodiesel Fuel": Ultra Low Sulfur 5% Biodiesel blended Riel, on -road, clear, taxable diesel fuel. The B100 will conform to ASTM D6751-08 or latest revision. • "20% Biodiesel Fuel": Ultra Low Sulfitr 20% Biodiesel blended fuel, on -road, clear, taxable diesel fuel. The B100 will conform to ASTM D6751-08 or latest revision. • E85 Nuel Ethanol: Shall conform to the chemical and physical standards for fuel Ethanol as set forth in the ASTM International Designation D5798-99,"Standard specification for fuel Ethanol (Ed 75-Ed85) for Automotive Spark -Ignition Engines". • Bulk Diesel Fuel Exhaust Fluid (DEF) 1.3 The products supplied as a result of this Request for Proposals must conform to the specifications of the State of Florida and comply with all Federal, State and local laws and regulations as applicable on date of delivery. Page 1 of 9 940 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. PRICING METHODOLOGY: 2.1 prices proposed are to be F.O.B. delivered expressed as a positive or negative differential from the applicable daily OPIS price published in the "OPIS Contract Benchmark File" as described herein for the date of'delivery oLprotluct to the Participating Agency and are exclusive of all Federal, State and County Excise taxes and fees. Any other applicable taxes and fees shall be added at the time of invoicing. See Paragraph 3JAXES . C) Item Description Transport Delivery Tankwagon Delivery No. Differential Proposed Differential Proposed H/0 0.) 0 per gallon* per gallon* .1 87 Octane Unleaded S Diesel Fuel 42 UltraIS Low Sulfur 3 LUMP SLIM S ------------- /each -------------- 40 - ----- /each Additional Deliver- y y Charge for Deliveries beyond 30 mile radius of Port ------------------------------- Everglades only, ---------------- Calculate differential proposed to fourth decimal point. DifferentiaLprop sedtoremain firin duringininal contract period and any renewal perj+A e_xcqpLas provjded below. 'Note: If your proposal is contingent on your firm being awarded a contract for all products and all delivery methods, Proposer must indicate this condition in the proposal response. 2.2 Pricing of Unleaded 87 Octane Gasoline is to be proposed using the following methodology: Daily Published OPIS Gross CBOB Ethanol 10% Unletided Unbranded Rack Averag Price (For the applicable Reid Vapor Pressure - RVP on the date of delivery of product at the rack) Plus Positive or Negative differential proposed -for 87 Octane Unleaded on Proposal Form. Paragraph F. (Differential to be constant regardless of the applicable RVI'.) 2.3 Pricing of Ultra Low Sulfur Diesel #2 is to be proposed using the following methodology: Daily Published OPIS Gross Ultra Low Sulfur Distillate No. 2 Unbrittided Rack Averake prices. Plus Page 2 of 9 941 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 EDBAA Exhibit B - Proposal of Port Consolidated, Inc. Positive or Negative differential proposed for Diesel Fuel #2 Ultra Low Sulfur on Proposal Form, Paragraph 6. 2.4 The price proposed with differential shall include the vendor's cost of product, vendor's profit, the cost of delivery within a 30 -anile radius of Port Everglades, and any and all other costs. A lump sum, additional delivery charge only applicable to deliveries beyond a thirty (30) mile radius of Port Everglades may be proposed on the pricing sheet. Within the thirty (30) mile radius of Port Everglades the proposed costs must include delivery regardless of the actual varying road miles required to be driven to make deliveries within that radius to each tank location. The firm markup ar discount for Unleaded Gasoline or Diesel shall not change during the negotiated term of the contract, except for circumstances described under 3_PROPOSER'S COST INCREASES AND SURCHARGES. No other charges shall be added. Differential must be expressed in dollars and/or cents per gallon. 2.5 The selected proposer shall advise the Lead Agency of all available Federal or State credits and discounts available on all fuel types being purchased herein. The selected proposer shall apply all applicable credits and discounts to the price charged to the Co -Op and identify and reflect the discount on the applicable invoices. (Note: the applicable credits and discounts will be incorporated after award and shall not be reflected in the Price proposal Schedule.) 2.6 Alternative Fuels Considering the dynamic nature of fuel technology and the growing demand for alternative fuels, the Co -Op reserves the right to add any alternative fuel to the fuel types required. When such a need arises, the Co -Op shall contact the selected Proposer to determine if the selected proposer has the ability to provide or obtain the alternative fuel. The Co -Op shall provide the selected Proposer with information on the fuel type, the technical specifications of the fuel, the acceptable operating parameters, the estimated quantities, delivery requirements, and any other relevant information available. The selected proposer shall submit a written price offer for the supply of the alternative fuel for the Co-Op's review and approval. However, if the selected proposer is unable to supply the alternative fuel type, or the Co - Op does not accept the selected proposer's price offer, the Co -Op shall have the right to purchase the alternative fuel elsewhere. 2.7 Additional Fuel Products: Proposers may submit Linder a separate cover a price proposal on the following fuels. Proposers must outline the Pricing Methodology for each additional fuel product proposed. Item No. Description 1 Midrange Unleaded 89 Octane 2 Recreational Unleaded 90 Octane 3 Ultra Low Sulfur #2 Red Dye Diesel Page 3 of 9 942 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. 4 Biodiesel Fuel 135 5 Biodiesel Fuel B20 6 E85 Fuel Ethanol 7 Bulk Diesel Fuel Exhaust Fluid (DEF) PROPOSER'S COST INCREASES AND SURCHARGES The City may, in its sole discretion, allow for a temporary surcharge to be added to the differential proposed. If the cost of labor or diesel fuel are affected by extreme or unforeseen volatility in the cost of labor or diesel fuel that satisfy all the following criteria: 1) the volatility is due to causes wholly beyond the successful Proposer's control; 2) the volatility affects the marketplace or industry, not just the particular successful Proposer's source of supply and/or labor; 3) the effect on pricing or availability of supply is substantial; and 4) the volatility so affects the successfiil Proposer's continued performance of the Contract would result in substantial loss. Any temporary surcharge would require irrefutable evidence and written approval by the City's Manager or their designee. The successfiil Proposer and City shall negotiate a time frame for the temporary surcharge, and reevaluate the need for said surcharge upon the end of the negotiated time frame. Should the unforeseen volatility end, and the costs to the successfiil Proposer are reduced and no longer result in substantial loss, the temporary surcharge must be terminated. If it is determined that the additional unforeseen costs will not abate for the remaining duration of the contract term, the parties reserve the right to negotiate an amendment to the resulting agreement and the proposed differential. 4. TAXES: 4.1 The agencies listed herein are counties, municipalities or subdivisions of the State of Florida and are exempt from Federal Gasoline and Diesel (excise) Road taxes and Florida Sales Tax, 4,2 Proposals will be considered only from Proposers who do not require the payment of these taxes, 5. SUBSTITUTE/ALTERNATE METHOD FOR PRICE ADJUSTMENT: 5.1 The City reserves the right,. based on mutual agreement with the successful proposer, to substitute an alternate method for price adjustment for a specified, negotiated period of time if: A. An interruption in the OPIS Index is experienced beyond existing scheduled holidays (Independence Day, Christmas, etc.), or Page 4 of 9 943 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. B. The listing of prices for the OPTS Index are interrupted or modified to a degree which would require alteration of the computation formula to determine a fair price, or C. The use of the OPTS Index prices becomes non -representative of the market. D. The Successful Proposer provides clear and convincing proof that market conditions unrelated to the OPIS Index have been materially altered from those that existed at the time of award or renewal of contract. Such proof may consist of contracts with suppliers, invoices or published indexes, etc. 5.2 The City may, if deemed to be in the City's best interest, elect to modify the pricing methodology in the situations listed above in the following manner using any nationally recognized, published benchmark or index. The firm markup or discount will include the vendor's cost of product, profit, delivery costs and any other costs. The firm markup or discount for Unleaded Gasoline or Diesel shall not change during the negotiated term of the contract amendment, except for circumstances described under 3. PROPOSER'S COST INCREASES AND SURCHARGES. No other charges shall be added. 5.3 If it is determined by the City to be in its best interest to substitute an alternate method for price adjustment as specified above, the contractor(s) will be notified thirty (30) days prior to the effective date for the alternate adjustment. If an alternate price adjustment method is not acceptable to all awarded contractor(s), the City may cancel this contract in whole or in part by giving the contractor(s) ninety (90) days prior written notice. 6. INVOICING 6.1 All invoices shall be provided to each participating agency via an electronic method within twenty-four (24) hours of date of delivery of product. Each invoice shall reference the date of the applicable published OPIS price for that day with the appropriate differential as per the contract. Successful proposer shall list separately on invoice each individual non- exempt tax/fee and the amount of the differential. 7. ORDERING & PAYMENT; 7.1 Each participating governmental agency will, based on the award of contract made by the Lead Agency and with the same prices, terms, and conditions establish its own contract with the successful proposer(s) in a manner acceptable to the successful proposer; will issue its own purchase orders; will require separate billing and will issue its own tax exemption certificates as required by the successful proposer. 7.2 The City of Pompano Beach Purchasing Division will furnish a copy of proposers list and any other information submitted with the proposals to all participating agencies. Page 5 of 9 944 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. 7.3 Payment will be made by each Participating Agency within fifteen (15) calendar days from delivery of product at Participating Agencies location via wire transfer to seller's account and bank, as indicated on the invoice. 7.4 It is understood and agreed that the City of Pompano Beach is not a legally bound party to any contractual agreement made between any other agency and the successful proposer as a result of this Request for Proposals. 7.5 After award of contract(s) to successful proposer(s) the City reserves the right to issue purchase orders in accordance with the terms of this contract. S. Reporting Requirements The selected Proposer shall submit to the Lead Agency a Fuel Purchasing Report on a monthly basis. The fuel Purchasing Report shall include fuel volume totals by fuel type for each participating agency. The report shall also include a "Grand Total" (year-to-date) fuel volume for all Participating Agencies for each fuel type, The required fields are the following: • Reporting Period (specify month) • Participating Agency • Delivery volume (do not round off reported volume amounts, allow volumes to be reported up to as many decimal places as needed). • Subtotal volume (per fuel type for each Participating Agency) • Cumulative Total Volume Year to Date (per fuel type for all Participating Agencies) • Note regarding fuel types: report must specify the ethanol and biodiesel blend being delivered. The Fuel Purchasing Report shall be sent in electronic format (Excel format preferred) via email to: purchasinggeopbfl.com. 9. OPIS MEMBERSHIP Successful Pro oser shall provide City either a subscription to the latest edition of the OPIS Publication PAD 1 report edition, or OPIS Invoice Checker or similar. OPIS product that will allow the City to validate the Successful Proposer's pricing on an as needed basis. 10. DELIVERY REQUIREMENTS For the purposes of this section the term Carrier shall mean the Seller or an independent contractor hired by the Seller for the delivery of fuel to the Participating Agencies. 10.1 LEGAL REQUIREMENTS: A. Compliance with Laws and Codes: Federal, State, County, and local laws, ordinances, rules and regulations that in any manner, affect the terms covered herein apply. Lack of knowledge by Carrier shall in no way be a cause for relief from Page 6 of 9 945 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 EDBAA Exhibit B - Proposal of Port Consolidated, Inc. responsibility. The Carrier shall strictly comply with Federal, State and Local building and safety codes. Equipment shall meet all State and Federal Safety Regulations. B. Independent Contractor Relationship: The Carrier is, and shall be, in the performance of all work, services, and activities under the Agreement, an Independent Contractor and not an employee, agent, or servant of any Participating Agency. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the Carrier's sole direction, supervision, and control. The Carrier shall exercise control over the means and manner in which it and its employees perform the work and in all respects the Carrier's relationship, and the relationship of its employees, to any Participating Agency shall be that of an independent contractor and not as employees or agents of any Participating Agency. C. Certifications, Licenses and Permits, Carrier shall provide a copy of all applicable Certificates of Competency issued by the State of Florida in the name of the Carrier. It shall also be the responsibility of the Carrier to submit prior to commencement of work a current Occupational License and all permits required to complete this contractual service at no additional cost. It is the responsibility of the Carrier to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the Agreement. 11. DELIVERY/RESPONSE TIME; A. Delivery shall be required within twenty-four (24) hours Lidless an alternate delivery date has been requested by the Participating Agency. B. Daily orders shall be placed by email from a participating agency representative by 10:00 a,m., Monday through Friday. C. Deliveries shall be made within 24 hours of order placement unless the participating agency specifically requests otherwise as indicated on the order, in which case, requested delivery date and time shall become the required delivery time. D. Orders placed on Friday shall be delivered no later than 5:00 p.m. the following Monday, unless the participating agency specifically requests otherwise, in which case, requested delivery date and time, shall become the required delivery time. The participating agency shall not require the carrier to deliver on Sundays (except for declared emergency situations). E. A transport load shall be defined as no less than 7,500 gallons of Ethanol blended or regular gasoline or no less than 7,000 gallons of Ultra Low Sulfur Diesel or 5% biodiesel fuel or 20% biodiesel fuel. F. The Participating Agencies reserve the right to split any load between no more than two delivery sites for their agency. G. If the carrier is unable to meet the delivery requirements, it shall be the responsibility of the carrier to notify the participating agency within 2 hours of the delay occurring so that the participating agency can determine if it needs to transfer fuel between its sites to cover delay. Page 7 of 9 946 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 EDBAA Exhibit B - Proposal of Port Consolidated, Inc. H. At time of delivery, carrier shall present a delivery ticket/bill of lading to a participating agency representative, or if requested, deliver document to a specified location. The delivery ticket/bill of lading shall include: • Bill of lading number, • Name of supplier and carrier. • Date and time of delivery. • Type of fuel delivered. • Gross gallons and net gallons delivered. • Inches in fuel tank, before and after delivery. • Driver's signature. • Signature of participating agency employee receiving delivery, unless otherwise indicated. • Delivery address. I. Carrier shall be adequately equipped, staffed, and supplied to, promptly, and efficiently, furnish, deliver, and dispense, all products that are submitted at various facilities. J. Carrier shall have the ability to fill above -ground tanks. K. Carrier shall be fully responsible for any and/or all actions of their employees that require clean up or ground sterilization as the result of an "improper" delivery. Carrier shall have and shall maintain those types and quantities of materials necessary to contain spilled product(s). Carrier shall be responsible for prompt and thorough cleanup of all spillage, as per EPA specifications, and for any agency fines or fees that result from contamination. L. Discovery or occurrence of a spill, on overfill, excess water in the tank, suspected contamination of surrounding area, suspected tank failure, or any other indication of chemical release shall be immediately reported by the Carrier to the participating agency, Where the event is directly or indirectly the result of carrier's actions, the carrier shall also affect containment and initiate cleanup immediately. M. All transport track deliveries will be temperature adjusted to 60 degrees F in accordance with the latest edition of the American Society for Testing and Materials (ASTM) Table 613, Volume Il, Petroleum Measurement Tables. Delivery tickets and invoices shall reflect the net gallons delivered after temperature compensation. N. Any Tankwagon deliveries will be metered in gross gallons and invoiced in gross gallons. O. Agencies will accept fuel from trucks with sealed State approved and inspected meters. Trucks that have State of Florida Department of Agriculture and Consumer Services sealed, calibrated and certified compartment tank volume markers for the petroleum product being delivered, are also acceptable. 12. SPILLAGE: Page 8 of 9 947 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 EDBAA Exhibit B - Proposal of Port Consolidated, Inc. The Contractor and/or his subcontractors malting deliveries shall be fully responsible for any errors or mistakes that require clean up or ground sterilization. Contractor will be responsible for prompt and thorough cleanup of all spillage per EPA specifications and for any agencies fines or fees for any contamination that result from improper delivery of fuel. 11. PRIORITY DELIVERIES: Preference of deliveries shall be given to agencies providing emergency relief and response services and members of the co-op who are participating in this contract, in case of declared emergencies or natural disasters. Proposers shall attach an emergency plan that assures continued deliveries of these products in case of emergencies and/or when additional quantities may be required. 12. WORK SITE SAFETY/SECURITY: The carrier shall at all times guard against. damage or loss to the delivery site property, the Carrier's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the Carrier shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and ensure the delivery site(s) and insure that all county, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, carrier shall provide for the prompt removal of all debris from delivery sites. All participating agencies may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the Carrier or its agents, 13. ADDITION OF DELIVERY SITES: Each Participating Agency shall be able to add delivery sites to the attached list, with 7 days notice to the seller. Page 9 of 9 ME E DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. SE 14th Ave. - P.O. Box 350430 Ft. Lauderdale, FL 33335 Phone: (954) 522-1182 Fax: (954) 527-1191 Toll Free: (800) 683-5823 November 20, 2021 Jeff English City of Pompano Beach 1190 NE 3rd Avenue Building C Pompano Beach, FL 33060 Additional Products – UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP – RFP E-03-22 Dear Mr. English: Per the terms of the RFP, please see below quote for Additional Fuel Products: ..................................... -------------------------------------------------------------------------------- --------------------------- --------------------- Tankwagon Transport Delivery Delivery Item Differential Differential No. Description Proposed Proposed 1 — --------------- Midgrade UNL 89 Octane E-10 ------------------ +0.099 +0.199 2 Recreational Unleaded 90 Octane +0.099 +0.199 3 Ultra Low Sulfur #2 Red Dye Diesel +0,199 +0.399 4 Biodiesel Fuel B5 ** "I'll -- -- ............... +0.149 +0.249 5 Biodiesel Fuel B20 +0.149 +0.249 6 E85 Fuel Ethanol N/A N/A Same price as ULSD Same price as ULSD 7 Bulk DEF w/o tax. w/o tax. 8 9 10 Premium UNL 93 Octane E-10 +0.099 +0.199 We will utilize the same OPIS Unbranded Rack index as outlined in Section 2 of the RFP, "Pricing Methodology". ** Supply for items 4, 5, and 6 is not guaranteed due to market conditions. Miami - Rl-audeidale - West Palm Beach - R.Piercin - Orlando - Jacksonville - Tampa 949 www,porlconsoildated. com DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA CJD or Olddiald 3141 SE 14th Ave, - P.O. Box 350430 Ft. Lauderdale, FL 33335 Phone: (954) 522-1182 Fax: (954) 527-1191 Toil Froo: (800) 683-5823 Exhibit B - Proposal of Port Consolidated, Inc. Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel free to contact me at any time. Sing Don Carlton President Port Consolidated Miami - H. Lauderdale - West Palm Beach - FtPiercp - Orlando - Jacksonville - Tampa 950 www, portccrsulidated.varn DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. 3141 SE 14th Ave, - P.O. Box 350430 Ft. Lauderdale, Fl 33335 Phono: (954) 522-1182 Fax: (954) 527-1191 Toll Free: (800) 683-5823 November 20, 2021 Jeff English City of Pompano Beach 1190 NE 3rd Avenue Building C Pompano Beach, FL 33060 Dear Mr. English: For those members of the Co-op that may require additional hurricane supply, we are pleased to offer the following program: 1. Members may pre -purchase product in full truck load increments during the months of June, July, or August. Product will be priced using the same CIPIS price model used for delivered product. 2. Product will be stored at a designated Port Consolidated facility for an additional fee of $0.59 per gallon. Product will be stored for up to 6 months. 3. Members can elect to take delivery of product at any time. There will be a delivery fee of .049 per gallon. 4. Product needs to be removed from storage and delivered by December 31". Should you have any questions or comments, please feel free to contact me at any time. Sincerely, Don Carlton President Miami - FtIauderdaie - West Palm Bea& - Ft. Pierre � Orlando - Jacksonville - Tampa 951 www. portcansofidatedxorn �mm o'Pmp�a��mC�s ma�u Inc. oncuG�nEnvelope m:C3u7rVoU�8or4343'o5oo'9O853o1co8AA ' l Consolidated, Ir 3141 SE 14th Ave. - P.O. Box 350430 Ft. Lauderdale, FL 33335 phone: (964) 522-1182 Fax (954) aorns/ Toll Free: (8OU) e83 -5e23 November 20, 2021 Jeff English City ofPompano Beach 119OINE 3rd Avenue Building Pompano Beach, FL33060 Qualifications and Experience — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP — RFP E -O3-22 Dear Mr. English: Per the terms ofthe RFP, the following isabrief description ofour firm's qualifications and experience along with a list of references: Port Consolidated has been supplying fuel and lubricants throughout the State of Florida since 1967. We own and operate all of our own equipment, never having to rely on common carriers to deliver the products that we seUL Our customer service department, consisting of15representatives, isopen Monday through Friday, 7:3O 8K41m5:00PM. In addition to that, we have 24 sales representatives out in the field to assist our customers with any/all technical questions. Please see below a list of local references. We have serviced these entities over the years. a Broward Sheriff's Office — Rick Torres — 954-831-8170 * City ufFort Lauderdale — Ann Debra Diaz —gS4'828-594g • Palm Beach County School Board — Morris Simpson —S6I-434-8l72 * Florida Power and Light — Patti Earley — Riviera Beach, FL -56I-881'3407 • 8novvardCounty Fleet Services — Ross Medin- 954-357-6492 Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel free to contact me at any time. Don Carlton President Fort Consolidated M"rri`RA-audemale -w°stpali"eparh -ppierce-Orlando ',Ja"ks=wlle'Tarrpa 952 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. Second Amendment to Guaranteed Supply Agreement This Second Amendment to Guaranteed Supply Agreement ("Amendment") is made by and between Port Consolidated, Inc. ("PCI"), a Florida corporation whose offices are located at P,O. Box 350430, Fort Lauderdale, FL 33335, and Marathon Petroleum Company LP ("MPC"), a Delaware limited partnership whose offices are located at 539 South Main Sheet, Findlay, Ohio 45840. WHEREAS, MPC and PCI entered into a certain Guaranteed Supply Agreement dated December 30, 2019, as amended by the First Amendment to Guaranteed Supply Agreement dated October 8, 2020 (the "Agreement"), in which MPC agrees to sell and PCI agrees to purchase Products as described in the Agreement; and WHEREAS, MPC and PCI desire to amend the "Quantity" section of the Agreement. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree that the foregoing recitals are incorporated herein by reference and as follows: 1. Except for the provisions of the Agreement specifically addressed in this Amendment, all other provisions of the Agreement will remain in firll force and effect. 2. Capitalized terms used but not defined in this Amendment will have the meaning ascribed to such terms in the Agreement. 3, The table in Section 3 labeled "Quantity" is hereby deleted in its entirety and replaced with the following table: Terminal Product Date Range 10 -Day Monthly Volume Volume Fort Lauderdale, FL - MPC Eisenhower Terminal WH Gasohol 10% Eth HRVP Jan - Dec 400,000 1,200,000 Fort Lauderdale, FL - MPC Spangler Terminal Orlando, FL - Kinder Morgan. Taft Terminal WH Gasohol 10% Eth HRVP Jan - Dec 14,000 42,000 Tampa, FL - MPC Terminal Tampa, FL - Buckeye WH Gasohol 10% Eth HRVP Jan - Dec 83,333 250,000 South Ternunal Jan — Apr 500,000 1,500,000 May 666,667 2,000,000 Fort Lauderdale, FL - MPC DSL ULSD No 2 Clear Eisenhower Terminal DSL ULSD No 2 Dyed June - Sept 916,667 2,750,000 Oct - Dec 1,000,000 3,000,000 Jan -May 133,333 400,000 Orlando, FL - Kinder DSL ULSD No 2 Bio 0-5% CIear Morgan Taft Terminal DSL ULSD No 2 Bio 0-5% Dyed June -Dec 200,000 600,000 Jan — Apr 316,667 950,000 May 483,333 1,450,000 Tampa, FL - MPC June - Sept 583,333 1,750,,000 Terminal DSL ULSD No 2 Clear Tampa, FL - Buckeye DSL ULSD No 2 Dyed South Terminal Oct 500,000 1,500 000 Nov 416,667 1,250,000 Dee 500,000 1,500,000 Fort Lauderdale, FL - MPC Eisenhower Terminal 90 Recreational Jan - Dec 56,000 168,000 Fort Lauderdale, FL - MPC Spangler Terminal 4. The effective date of this Amendment is January 1, 2021. 953 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853DlED8AA Exhibit B - Proposal of Port Consolidated, Inc. 5. This Amendment constitutes the entire agreement among the parties regarding this subject matter and may be amended or modified only by a written instrument signed by each of the parties. 6. This Amendment supersedes any other prior agreements or understandings of the parties relating to the subject matter specifically contained herein and the parties are not relying on any statement, representation, promise or inducement not expressly set forth herein. 7. The parties may execute this Amendment elearonically with the intent that such electronic signature will have the same effect as a handwritten original signature. By signing electronically, PCI and MPC acknowledge that they have read, understand and hereby agree to be bound by the electronic signatures applied to this Amendment in the same manner as if such parties had signed this Amendment with handwritten original signatures. Each party is signing this Amendment on the date indicated with its respective signature. Marathon Petroleum Company LP By; MPC Investment LLC, its General Partner By;�11 Title. Region Manager &A RJF ATR PKM Approved As To Form Port Consolidated, Inc, LIM Dunetd R. Carlton Jr. {,San 17, 202109:2.9 Fs rj Title. President 954 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit B - Proposal of Port Consolidated, Inc. M E T R 0 P L E X G January 1, 2021 Mr. Don Carlton President Port Consolidated Inc. P.O. Box 350430 Ft. Lauderdale, Florida 33335 r� This letter agreement (the "Agreement") sets forth the terms pursuant to which Metroplex Energy Inc. ("MXE") offers to sell and provide to Port Consolidated ('Port"), and pursuant to which Port agrees to purchase, certain Products (as defined below) in the quantities and at the pricing set forth herein. Each of MXE and Port may be referred to individually as a 'Party" and, collectively, as the "Parties". If the contents of this Agreement accurately state your understanding of the business arrangement contemplated by the Parties herein, please execute and date In the space provided for below. The Parties' mutual execution of this Agreement will constitute the binding agreement of the Parties with respect to the transactions and subject matter contemplated herein. This Agreement is entered into pursuant to and shall be governed by those certain General Terms and Conditions for Rack Sales attached hereto as Exhibit A and Incorporated by reference (the "General Terms and Conditions"), In the event of a conflict between the terms contained in the body of this Agreement and the terms contained in Exhibit A, the terms contained in the body of this Agreement shall control to the extent of such conflict. For the avoidance of doubt, the terms contained in the body of this Agreement shall be considered a "Confirmation" under the General Terms'and Conditions and this Confirmation shall document a "Transaction." TERM: Table I Commencement Date Expiration DAtb"' Renewal Term Len th if an 01101/2021 12/ 3112021 12 months The initial term of this Agreement shall begin on the Commencement Date and end on the Expiration Date set forth in Table I (such period, the "Initial Term"). After expiration of the Initial Term, this Agreement shall automatically continue for the subsequent periods specified in Table I above (each a "Renewal Term" and, together with the Initial Term, the "Term") unless and until either Party provides the other Party With notice of its Intent not to renew the Agreement no later than sixty (60) days' prior to expiration of the Initial Term or the then - current Renewal Term, as applicable. IvIetroplex Energy, Inc,, 200 Galleria Parkway SE, Suite 900, Atlanta, CTA 30339 Telephone (770)-431-7600 ww-w.raetroptexcneTgy.com 955 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit B - Proposal of Port Consolidated, Inc. Sales Terms: MXE shall sell, and Port shall purchase, the products specified in Table 2 below (the "Products"), at the locations and in the quantities, and in accordance with the pricing formula, specified therein. Table 2 Location Product Pricing (per gallon� I Volume (Monthly) I TransMontaigne ULSD See Chart Below Pt. Everglades South and/or CONY 87-E10 North 250,000 Gallons I—TransMontaigne and/or Buckeye ULSD j See Chart Below 1 i Tampa/ and/or TransMontaigne REG 90 50,000 Gallons Manatee 3,500,000 Kinder Morgan ULSD Orlando (Ta �T-f See Chart Below Locatfori to be determined at seller's discretion 4,000,600 Table 2 - continued - Metroplex Energy, Inc., 200 Galleria Parkway SE, Suite 900, Atlanta, Gk 30339 Telephone (770)A31-7600 %vww.metroplexenergy,com 2 956 TPSl South Main/ North Backup !TPSITampa Main/Manatee Backup/ Buckeye Tampa Back Up I Kinder Morgan Main/ Tampa Back Up. ULSD 400,000,� 3,500,000 1 1,500,0001 400,00011 4,000,600 000,000, 31 1,750,0Q0 rr Oil, II II, 560,660 1175 1,75 000.1 1 -1,000,000 12,000-nnin II Metroplex Energy, Inc., 200 Galleria Parkway SE, Suite 900, Atlanta, Gk 30339 Telephone (770)A31-7600 %vww.metroplexenergy,com 2 956 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Pricing Indices will be as follows: a CB013-83.7 0 P13013-91.4 a Ethanol 0 D6 CY RIN * ULSD = a Gallons will be billed off Net Exhibit B - Proposal of Port Consolidated, Inc. Saturday, Sunday and Monday lifting's will be priced the same. Daily pricing will run Midnight to Midnight. SPECIFICATIONS, All Products shall comply with the Kinder Morgan CFPL specifications In Florida. RATABILITY: Port's obligation to buy and take delivery of product hereunder shall be subject to the daily and monthly tolerances specified in Table 3 below. For the avoidance of doubt, MXE shall have no obligation to sell or deliver to Port any arnount In excess of the daily tolerances or monthly tolerances specified in Table 3. Table 3 Product i_ -Dally Tolerances Monthly Tolerances _ ULSD and All Gas Products +/-20% +15% -10% The Dally Tolerance percentage shall be based on an expected daily volume calculated as follows: [Monthly Volume x 12) + 365 1 AVAILABILITY: If for any reason Port, fails to take on schedule, delivery of eighty-five percent (85%) of its aggregate monthly minimum loading quantity for in any Month, MXE, at its discretion and without prejudice to any other rights or remedies which Port may have, will be entitled to invoice Port and Port will pay, as liquidated damages an amount equal to $.0200 multiplied by the difference between the volume of product delivered in the applicable month and ninety percent (90%) of the committed volume for such product (in gallons); provided however the product was reasonably available to Port, Metroplex Energy appreciates your business and looks forward to a continued and mutually -beneficial business relationship. If you agree to the terms contained in this Agreement, please indicate your acceptance by countersigning below. Sincerely, Michael A. Smith Executive Director Marketing Metroplex Energy, Inc, Metroplex Energy, Inc., 200 Galleria Parkway SE, Suite 900, Atlanta, GA 3 )0339 Telephone (770)-431-7600 www.metroplexenergy,com 957 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. FUEL PURCHASER AGREEMENT THIS FUEL PURCHASER AGREEMENT (the "Agreement") is entered into this 26th day of October, 2021 by and between PORT CONSOLIDATEDD ("Fuel Purchaser"), and MUSKET CORPORATION, an Oklahoma corporation ("Musket"). A. Musket, among other things, is in the business of selling and transporting petroleum products and fuel; and B. Fuel Purchaser desires to buy and Musket desires to sell the products described herein to Fuel Purchaser all under the tei-ms and conditions set forth herein, FOR GOOD AND VALUABLE CONSIDERATION, including without limitation the covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, Musket and Fuel Purchaser hereby agree as follows: Fuel Purchaser Contact Person: Don Carlton Email address: dcarlton@portconsolidated.com Mobile Phone No.: (954)-275-1967 Address: 3141 SE 14 Ave. Fort Lauderdale, FL. 33316 COMMERCIAL. TERMS Site Product Monthly Volume Pricing Transmontaigne/Metropl No2ULSD 500,00OGallons ex Terminal -- Tampa T-59-FL-2101- TransMontai e -Tam a Motiva Terminal - Port Not ULSD 500,000 Gallons Everglades T -65 -FL -2452 -M o tiva Enterprises LLC Any change of pipeline rates, additive costs or fees, will result in a change to the Platt's add-on rate at the deliverypoint. TERM OF AGREEMENT: December 15T, 2021 through November 3&, 2022 (the "Term") PAYMENT TERMS: EFT NET 10 Days from date of invoice, EFFECTIVE DATE: The "Effective Date" of this Agreement shall be the date first set forth above, notwithstanding the date of execution by the parties; provided, however, that deliveries of Product hereunder shall not commence until the later to occur of the following: (a) the date a Product order is placed by Fuel Purchaser, or (b) the first date of the Term (stated above). ACKNOWLEDGEMENT: Fuel Purchasers affirms that they have read and agree to the terms listed herein will serve as general terms to future fuel sales and Fuel Purchaser acknowledges that he has had a reasonable opportunity to read and has read and understood the terms and conditions of this Agreement. ENTIRE AGREEMENT: This Agreement and the Provisions of Agreement attached hereto constitute the entire agreement between the parties relating to the subject matter hereof and can only be revised or amended in writing, signed by both parties. 100181405. Docx; i l DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA [SIGNATURES TO FOLLOW] EXECUTED by the parties to be effective as of the Effective Date. Fuel Purc iaser'," By: " Its:—&Lw Date: 2021 � 00 18 1405. t)(.)CX; I Exhibit B - Proposal of Port Consolidated, Inc. Musket Corporation, An Oklahoma Corporation By: --- I LS: VicePresidetit Date: 2021 959 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. PROVISIONS OF AGREEMENT The Commercial Terms and these Provisions of Agreement are collectively referred to as the "Agreement". This Agreement shall control over any purchase order, delivery Sheet or other document used by Fuel Purchaser, regardless of whether or not such document is signed by an employee of Musket Corporation. 1, PRICE ADIUSTMENTS. In the event fuel prices are to be determined by reference to an index, the price for each product shall be that first published on the date of delivery. Fuel Purchaser acknowledges that the prices of product sold under this Agreement, if stated in a dollar and cents figure, are based upon consideration of several factors and, as such, are subject to increase or decrease by Seller, in its sole discretion, at any time during the Term of this Agreement, without prior written notice to Fuel Purchaser. If such Product Distribution Costs change over the life of this Agreement, Musket, in its sole discretion, at any time during the Term of this Agreement, with prior written notice to Fuel Purchaser may change the Differential used in calculating the price to reflect the changes in the Product Distribution Costs. In the event any increase in price is unacceptable to Fuel Purchaser, Fuel Purchaser may elect to immediately discontinue future purchases hereunder, onlyasto the product orpro ductsfo r which the price was increased; provided that, Fuel Purchaser timely makes such election in accordance with any requirement of Musket in such regard, it being understood that Fuel Purchaser may discontinue the purchase of other products hereunder and/or terminate this Agreement only upon thirty (30) days prior written notice to Seller. 2. TAXES. Fuel Purchaser shall be responsible for any and all taxes arising from or related to the transactions contemplated by this Agreement, including but not limited to, all domestic and foreign taxes and duties now or hereafter imposed directly or indirectly: (i) on fuel products purchased by Fuel Purchaser hereunder and (ii) on the production, manufacture, transportation, purchase, sale, use or handling of such fuel products, of any material contained in such fuel products, or of any material from which such fuel products are wholly or partly refined or manufactured. Upon receipt of any invoice, bill orassessment related to such taxes or duties, Fuel Purchaser shall promptly and timely pay the same. 3. INDEMNITY. To the extent permitted by applicable law, Fuel Purchaser hereby agrees to defend, indemnify and hold harmless Musket, its parent, subsidiaries, affiliates and related companies, and the partners, officers, directors, members, employees and representatives of any of the foregoing, from and against any and all liabilities, claims, liens, damages, fines or penalties, losses, judgments, costs and expenses (including attorneys fees and court costs), ofwhatever kind or nature and in any manner directly or indirectly arising out of, in connection with or resulting from (i) any breach of this Agreement or the performance of its obligations under this Agreement by fuel Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, (ii) the negligence (whether active or passive) of Fuel Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, and (iii) the willful misconduct of Fuel Purchaser, an employee of Fuel Purchaser or anyone acting under Fuel Purchaser's direction or control or on its behalf, it being understood that Fuel Purchaser's obligations hereunder shall not apply to liabilities caused by the sole or gross negligence or willful misconduct of the indemnified party. Musket may participate in any investigation or defense of any claim or action hereunder and may, at its option, notwithstanding the foregoing indemnity, elect to conduct any investigation or litigation 10018I405.DOCX; l ) 960 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. regarding a claim for which it is indemnified hereunder through counsel of its own choosing and expense. This indemnification shall survive the expiration or termination of this Agreement, 4. MANNER OF PAYMENT: DEFAULT, IN PAYMENT, All payments hereunder shall be made by Fuel Purchaser in U.S, dollars, without discount, deduction or offset of any kind, and in accordance with the other terms of this Agreement If at any time, in Musket's opinion, Fuel Purchaser's creditworthiness becomes impaired orotherwise unsatisfactory, Musketmay require that Fuel Purchaser (i) make only cash payments for products hereunder and/or (ii) provide such security, as Musket determines necessary or desirable, for Fuel Purchaser's payment and performance under this Agreement Upon Fuel Purchaser's failure to timely pay any amount due to Musket hereunder, such amount shall (i) accrue interest at the rate of eighteen percent (18%) per annum and (ii) be subject to a late charge equal to ten percent (10%) of the outstanding sum due. The accrual of interest on such amounts and such late charge shall not prejudice any other remedies available to Musket under this Agreement or applicable law, 5. TERMINAL ACCESS. Musket shall provide to Fuel Purchaser such keys, cards, or identification numbers (each an "Access Item"), as may be necessary, from time to time, to enable Fuel Purchaser to enter Musket's terminal or to load product at any such terminal. Access Items shall be used only by Fuel Purchaser and its authorized employees or representatives, as permitted by Musket Fuel Purchaser shall reimburse Musket for (i) any costs incurred by Musket in replacing any Access Item and/or securing any terminal of Musket after Fuel Purchaser's loss of an Access Item and (ii) any loss, cost or expense arising from or related to Fuel Purchaser's loss of any Access Item or the unauthorized use of an Access Item provided to Fuel Purchaser. Fuel Purchaser shall not permit any Access Item to be duplicated without Musket's prior written consent and all Access Items shall be immediately returned to Musket upon termination of this Agreement. 6. DELIVERY. Unless otherwise agreed in writing by the parties, delivery of product to Fuel Purchaser shall be deemed complete when products, properly consigned, are placed free on board ("FOB") tank cars, transport trucks, tank wagons, or other vehicles. If Musketis to deliver product at Fuel Purchaser's location, Fuel Purchaser hereby authorizes any janitor, superintendent, caretaker or other purported agent of Fuel Purchaser at such location to sign receipts for deliveries on its behalf. Such signed receipts shall be binding upon Fuel Purchaser and may be relied upon by Musket. Fuel Purchaser shall provide Musket with all necessary access to such delivery location and all necessary hose connections, without delay. In the event Musket delivers product to Fuel Purchaser hereunder in carload, transport truck or tankwagon lots, such delivery shall be deemed in compliance with this Agreement if the actual volume of product delivered is within ten percent (10%) of that required hereunder for such delivery. In any event, Fuel Purchaser shall be charged only for the actual volume of product delivered. 7. ACCESSORIALAND OTHER CHARGES. 7.1 Tank Cars. The party responsible for transloading fuel product purchased hereunder (whether conducted by such party or at its direction) shall be solely responsible for any and all destination rail carrier accessorial charges for any fuel shipment hereunder. Additionally, if Fuel Purchaser (or a third party at its direction) is responsible for transloading and fails to offload a Musket owned or leased tank car and release the same to the rail carrier within three (3) days of carrier placement or a constructive placement event Fuel Purchaser shall be assessed a charge equal to $25.00 per day / per car for each day a car is detained beyond such three (3) day period, with such charges to be paid to Musket on demand. I00181405.DOCX;l} 961 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. 7.2 Trucks. Prices of fuel product under this Agreement are based on product offloading times not exceeding one (1) hour per full truckload, commencing at the time any such truck arrives at the offloading destination. In this regard, if Fuel Purchaser fails to unload any truck within such one (1) hour period, Fuel Purchaser shall be responsible forany additional expense or charges incurred by Musket as a result of such detention beyond such hour. 7.3 Terminal and Tariff Increases. Fuel Purchaser shall reimburse Musket for cost increases or additional charges arising from the applicable terminals, racks or increased tariffs. Fuel Purchaser shall promptly reimburse Musket or pay directly (as the case may he) any charges for which it is responsible hereunder upon receipt of an invoice or demand therefore. In no event shall Fuel Purchaser be entitled to deduct or offset any amounts due Musket hereunder. B. RATABLE LIFTING. If the term of this Agreement extends beyond one (1) calendar month, the following shall apply; Lifting; Volume Tolerance: Fuel Purchaser shall liflninety percent (90%) percent (hut in no event more than one -hundred and ten percent (110%)), of the aggregate total monthly contract volumes ("MCV") of fuel purchased under this Agreement by the end of each calendar month, on a ratable basis (i.e. with the monthly volume being lifted in approximately equal amounts each day of a calendar month, as practical). Should Fuel Purchaser not liftat leastninety percent (90%) of the aggregate total MCV for any calendar month, Fuel Purchase shall be charged the price described herein for each gallon of fuel below ninety percent (90%) of the MCV, Upon the expiration this Agreement, if Fuel Purchaser has not lifted ninety percent (90%) of the aggregate total quantity of fuel under this Agreement, Fuel Purchaser shall remain responsible for all unlifted gallons and will charged the price stated herein for each such gallon. 9. CAPACITY -- ABILITY TO PERFORM. If Musket determines, in its sole discretion, that its ability to perform under this Agreement is significantly impaired or impractical, as to one or more products, for any reason whatsoever, upon written notice to Fuel Purchaser, Musket shall be relieved of any and all obligations hereunder (as to such product or products). In such event, Musket shall not be liable for any claims, damages or liabilities resulting from or in any way related to a delay in delivery, or non-delivery, of product to Fuel Purchaser. Nothing in this Section 10 shall be construed to extend the Term of this Agreement or to relieve Fuel Purchaser of its obligation to (i) pay for product actually delivered or (ii) otherwise perform under this Agreement, 10. FORCE MAIEURE. Either party's failure to perform any term or condition of this Agreement as a result of conditions beyond such non-performing party's reasonable control, including, but not limited to, Acts of God, natural disaster or severe weather conditions, war, strikes, riots, picketing or other labor troubles or disputes, malicious mischief, civil commotion, the inahility to procure materials, shortages, government restrictions, performance failures of third parties upon which the non-performing party relies in its performance hereunder, and the total or partial failure of transportation facilities customarily available to such non-performing party shall not be deemed a breach of this Agreement 11. LIMITED WARRANTY AND LIMITATION OF DAMAGES. BEYOND THE BASIC DESCRIPTION OF THE PRODUCT BEING SOLD TO FUEL PURCHASER UNDERTHIS AGREEMENT, MUSKET MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, CONDITION, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT BY OR ANY OTHER MATTER RELATING TO THE PRODUCT. FUEL PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL BE REPLACEMENT OF THE NONCONFORMING PRODUCT. IN ANY EVENT, MUSKET ( 00181405.DOCX;1 } 962 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. SHALL NOT HAVE ANY RESPONSIBILITY TO FUEL PURCHASER FOR INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO., LOSS OF BUSINESS OR ANTICIPATED PROFITS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, PURCHASE, USE, PERFORMANCE OR NONCONFORMANCE OF PRODUCT HEREUNDER. TO THE EXTENT PERMITTED BYLAW, THIS DISCLAIMER OF LIABILITY WILL NOT BE AFFECTED OR IMPAIRED IF THE REMEDY PROVIDED HEREUNDER SHALL FAIL OF ITS ESSENTIAL PURPOSE, 12. CLAIMS: REQUIRED NOTICE. Fuel Purchaser must notify Musket in writing of any claim for breach of the limited warranty provided in this Agreement within two (2) business days after delivery of the product at issue, it being agreed that Fuel Purchaser's failure to provide timely written notice shall constitute Fuel Purchaser's waiver of any such claim. Fuel Purchaser shall allow Musket reasonable opportunity to inspect the product at issue; provided that if delivery of product is made in equipment furnished by Musket, notice of any claim and the reasonable opportunity to inspect shall be given prior to such product being unloaded. Fuel Purchaser shall immediately notify Musket in writing if any equipment used to deliver product is leaking or is otherwise not in good condition and repair. 13. FUEL PURCHASER'S INSURANCE. If Fuel Purchaser, its agents, employees or contractors, will at any time during the Term of this Agreement pick up product purchased hereunder at any terminal, transload site, or other premises owned, leased or operated by Musket, Fuel purchaser shall procure and maintain in full force and effect during the Term, the following policies of insurance: Commercial General Liability Insurance (including blanket contractual liability), insuring Fuel Purchaser against any liability for injury or death to a person or persons, and for damage to or destruction of property occasioned by or arising out of or in connection with Fuel Purchaser's performance under this Agreement, with a combined single limit of not less than $5,000,000.00 per occurrence and in the aggregate. Workers' Compensation Insurance for each of Fuel Purchaser's employees performing under this Agreement, with coverage in accordance with applicable statutory requirements and Employer's Liability Jmurance with limits of not less than $1,000,000.00 per accident or illness, Business Auto Liability Insurance covering all owned, non -owned and hired vehicles used in connection with Fuel Purchaser's performance under this Agreement, with a combined single limit of not less than $1,000,000.00 per occurrence and Supplemental Environmental Automobile Liability ("SEAL1 Insurance covering losses resulting from claims for bodily injury, property damage or clean-up costs caused by a pollution release from transported cargo, regardless of the location of such occurrence. Each policy required hereunder (i) shall be carried with a reputable insurance carrier licensed to do business in the states in which the terminals, transload sites or other premises at which product is being picked -up by Fuel Purchaser are located, (ii) shall include waiver of subrogation in favor of Musket, [iii) shall apply as primary insurance without contribution from any other insurance or self-insurance programs afforded to or maintained by Fuel Purchaser (and shall not require the exhaustion of coverage), and (iv) shall be endorsed to state that coverage shall not be suspended, voided, canceled orreduced inlimits except after thirty (30) days prior written notice to Musket. All general liability orproperty damage insurance shall name Musket as an additional insured, with proceeds payable first to Musket to the extent of liability, ifany, and the balance to (00181405.DOCX;1) 963 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 EDBAA Exhibit B - Proposal of Port Consolidated, Inc. Fuel Purchaser. The proceeds of fire, theft or other casualty insurance shall be payable to Musket, as loss payee, with respect to the Ioss suffered thereby. Fuel Purchaser shall furnish Musket with certificates of insurance and original endorsements affecting coverage required by this Section 13 prior to performing hereunder and, from time to time, as applicable, certificates evidencing renewal of such policies no less than thirty (30) days prior to the expiration thereof. Musket shall have no duty to examine any certificate orother evidence of insurance or to advise Fuel Purchaser in the event that any insurance is not in compliance with this Section 13. That notwithstanding, should Fuel Purchaser fail to obtain any insurance policy required to be obtained hereunder, or furnish proof thereof, Musket may (but shall have no obligation to) obtain such insurance, at Fuel Purchaser's expense and Fuel Purchaser shall reimburse Musket for the same on demand. All such sums not paid to Musket within ten (10) days of demand therefore shall accrue interest at the rate of eighteen percent (18%) per annum until paid in full, it being understood that accrual of interest on such amounts shall not prejudice any other remedies which may be available to Musket Self-insured retentions, if any, shall not exceed Five Thousand Dollars ($5,000.00), unless a larger amount is approved by Musket in its sole discretion. That notwithstanding, in all instances of self-insured retention in excess of Five Thousand Dollars ($5,000.00), Fuel Purchaser shall furnish to Musket a certificate of excess liability coverage. Insurance coverage required under this Agreement shall be additional security for the obligations assumed by Fuel Purchaser hereunder and in no event shall the types of insurance or Iimits of coverage required hereunder be deemed to limitany obligation or liability assumed under this Agreement. 14. NOTICE, All notices or other communication herein required or permitted shall be in writing and given by personal delivery or sent by (i) registered or certified mail, return receipt requested, postage prepaid, (ii) facsimile or (iii) nationally recognized overnight courier service, addressed to the respective party as set forth on the firstpage of the Agreement (unless written notice of change thereof is provided). Notice shall be deemed given on the earlier of (i) actual receipt (ii) three (3) business days after deposit in the U.S. Mail, (iii) the date of facsimile delivery/receipt confirmation, or (iv) the first business,day after deposit with an overnight courier. Any notice or communication notreceived because of change of address, without notice to the other party thereof, or refusal to accept delivery, shall be deemed received on the date of attempted personal delivery or on the date, as indicated above, for other permitted methods of delivery. 15. MISCELLANEOUS. This Agreement and the legal relations between the parties shall be governed by the laws of the State of Texas without giving effect to any conflict of law provision (whether of the State of Texas or any other jurisdiction) that would cause the application of the law of any other jurisdiction. No waiver by Musket of any breach or default of any provision of this Agreement shall waive any subsequent breach or default of the same or any other provision Fuel Purchaser may assign its rights under this Agreement only upon the prior written approval of Musket and, notwithstanding any such assignment, Fuel Purchaser shall not be released from its obligations hereunder, absent Musket's written agreement to the contrary. This Agreement may be executed in one or more counterparts, and by facsimile, all of which counterparts shall be considered one and the same agreement. In any action to enforce or defend this Agreement, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and costs associated therewith. (00181405.D0cx;1} 964 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Chevron Product Sales Contract (Reseller) Exhibit B - Proposal of Port Consolidated, Inc. Chdtrrvri �fl t�LY6x. Our Ramify of Smids This contract is dated August 26,2D21, and is between Chevron Products Company, a division of Chevron U.S.A, Inc. ("Seller"), and PORT CONSOLIDATED INC ("sayer"). Seller and Buyer agree as follows. TERM. The temn of this contract shall commence on September 01, 2021, and shall end on August 31, 2022, unless sooner terminated by either party in accordance with the provisions of this contract. PRODUCTS AND OUAiVITiTIES. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller those grades of fuel specified in Exhibit A of this contract, Buyer agrees to purchase from Seller during each calendar month not less than the minimum quantities of products specified in Exhibit A. Seller shall not be obligated to sell to Buyer in any calendar month quantities of products in excess of the maximum quantities specified in Exhibit A, but Seiler may elect to do so at its option after request by Buyer, SUch minimum and maximum quantities shall be prorated for any period less than a calendar month included within the term of this contract. Buyer shall not represent or authorize or permit any other person to represent that the pro ducts purchased raider this contract are the products of Seller or use or authorize or permit anyother person to use any of the 1Tademarks, service marks, trade names, color schemes or service station designs utilized by Seiler or any other identification, designation or marking of any kind that would identify such products with Seller. it is understood and agreed that the products purchased under this contract shall be resold by Buyer under Buyer's brands and trade names, and Selter hereby gives its consent to the rebranding of such products If Buyer breaches any of the provisions of this section 2, such breach shall, at Seiler's option, be deemed a breach of this entire Agreement and, in addition to such other remedies as it may have, Seller shall have the right to terminate this Agreement fortliwith. MODUCT QUALITY. The products sold under this contract shall be of the quality as is generally offered by Seller for similar use at the relevant delivery location, To facilitate the investigation of any claim or concern regarding the quality of the products delivered under this contract, Buyer shall keep complete and accurate records of Buyer's purchase, transportation, receipt, inventory, transfer, use, sale, or delivery of all products purchased by Buyer in bulk from Seller and any other supplier. Seller's representatives shall be permitted to inspect and audit such records at any time during Buyer's business hours on reasonable notice to Buyer for up to one year after the termination of this contract. Seller's representatives shall also have the right at any thue to enter upon the premises where the products purshused under this contract are stored by or for Buyer and to take samples of such products for testing purposes, compensating Buyer (at Buyer's cost, which for this purpose shall be based on Seller's price to Buyer in effect at the time such samples are taken, or, at Seller's option, in kind) for any products so taken, PRICE. The pricas that Buyer shalt pay Seller for products purchased under this contract shall bo determined as set forth Exhibit A (except as otherwise provided In section 22 with respect to any Discretionary Sales (as defined below)). S. PAYMENT AND FINANCIAL RESPONSIBILITY. Buyer's payments for products shall be in U.S. dollars without discount by electronic transfer of immediately available funds to an account, bank and location designated by Seller. Buyer shall, except at Seller's option, pay Seller cash before, delivery for products purchased hereunder. Buyer acknowledges the importance of payment within the terns specified when credit is extended and agrees that past due amounts shall bear interest at the rate of 18% per year or the maximum rate pcnuitted by the state of Buyer's address for notices as specified in Exhibit A of this contract, whichever is less. If Buyer fails to make payment within the specified terms, such failure shall, at Scllers's option, be deemed a breach of this entire contract and, in addition to such other remedies as it may have, Seller shall have thereafter the right to demand advance cash payment, to withhold deliveries until such advance payment (including payment of all amounts then outstanding for products delivered by Seller to Buyer hereunder) is received, or to tcrmi�uate this contract. The acceptance of any payment by Seller after the due date shall notwaive any ofSellet's rights hereunder nor shall such withholding of deliveries or termination of this contract affect any obligation of Buyer hereunder, If credit is extended to Buyer by Seller, the buyer shall periodically provide to (Chevron) that finnnoial information or security deemed Product Sales Contract (Reseller) -1- C&I-020(3-08) REV 05/12/14 965 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. necessary by (Chevron) to support any credit extension, If during the lite of this contract,. the linatmcial capacity of the buyer becomes impaired or unsatisfactory to (Chevron) in die sole judgment of (Chevron), advance cash payment or security satisfactory to (Chevron) shall be given by the buyer on demand by (Chevron) and shipments/deliveries may be withheld until such payment or security is received. Seller's terms of payment are subject to change without notice at the discretion of Seller. TAXES. Any tax, duty, toll, fee, impost, charge, exaction, or other obligation, or the amount equivalent thereto, and any increase thereof now or hereafter imposed, levied, assessed, or required by any governmental authority upon, measured by, incident or related to or as a result of the transactions herein provided for (other than local, state and Federal riot income taxes measured by the net income of Seller from all sources), or the transportation, importation, production, manufacture, use or ownership of the goods covered by this contrart, shall, if collectible, payable, accountable, managed, or administered by Seller, be paid by Buyer on demand by Seller. Any such payments shall be in additlon to the prices otherwise provided for in this contract, Buyer shall, at Seller's request, execute and deliver to Seller such certificates or other documents as Seller may reasonably require iu order to enable Seller to secure any tax exemption which may be available in connection with sales or deliveries hereunder. DELIV13RIES, biesel fuel deliveries shall be made by Seller to Buyer at the locations specified in Exhibit A. Title and risk of loss shall pass to Buyer at the point of delivery into Buyer's trucks, railcars, storage facilities, or other receiving unit. If deliveries are to be made into vehicles supplied by Buyer, Seller shall not be required to make such deliveries into such vehicles unless they are clean and empty immediately prior to delivery and shali not be required to load or deliver quantities less than the full capacity of the vehicle, except as otherwise authorized by Seller. If deliveries are to be made into Buyer's storage facilities, Buyer shall provide storage facilities sufficient 10 enable it to receive such deliveries and sball provide Salter with aninmpeded access to make deliveries 24 hours per day, Buyer is responsible for ensuring that any vehicles and facilities used to receive deliveries are in safe condition, that vehicles are in compliance with all applicable terminal procedures, policies, rules or requirements in effect at the time of delivery, and that Bayer's storage facilities can be accessed s•rfely. Seller shall not be obligated to make any delivery to Buyerthat cannot be made safely in Seller's sole judgment. Buyer shall comply with such reasonable policies, procedures, rules and requirements as Seiler may establish regarding deliveries by Seller into Buyer's vehicles or storage facilities, Orders for deliveries shall be placed by Buyer with such advance notice and in such manner as Seller cony designate, 8. CONFLICTS On INTEREST. Neither Buyer nor any director, employee or agent of Buyer shall (1) give to or receive from any director, employee or agent of Seller or its aflillates any commission, fee, or rebate, or any gift or eutettainment of significant cost br value in connection with this contract, or (2) enter into any business arrangement with any director, employee or agent of Seller or its affiliates (other than as a representative of Seller or its affiliates) without prior written notice to Seller, Buyer sivall promptly notify Seller of any violation of this section 8 and any consideration received as a result of such violation shall bo paid over or credited to Seller. Any representative atAori7.ed by Seller may audit any and all records of Buyer for the sole purpose of determining whether there has been compliance with this section 8 for up to 24 months after the torminatioa of this contract. PREVENTION OF PERFORMANCQ SHORTAGE OF SUPPLY. There shall be no obligation to sell or deliver, or to purchase or receive, products under this contract when, and to the extent that, such actions are prevented or hindered by act of God, fire, riot, labor disturbances (whether involving o nployecs of the party affected or of others and regardless of whether the disturbance could be settled by acceding to the demands of a labor group), accident, war, the ac#s of any government (at any level, foreign or domestic) or any causes beyond the reasonable control of the party affected, whether or not similar to any of the foregoing causes, Due to an interruption, loss or shortage of necessary facilities or supplies, or uncertainties in the supplyfdemand situation (which may include a decision by Seller that the costs of soma products which might be available are unreasonable), Seller may not have sufficient supplies of one or more of the products covered by this contract to meet the full requiietrtcnis of Buyer, of Scaer's other customers, and of Seller for its own use. If there is a shortage ofproduets deliverable under this contract, Seller may allocate deliveries of available products among Buyer, Seller's other customers (contract or otherwise, including Seller's affiliates) and Sailer for its own use, on any basis which In Seller's sole judgment is fair and reasonable, allowing for such priorities as Seller deems appropriate. Allocation is fair and reasonable even if it is based on a shortage in the then -contemplated sources of supply or a general shortage in the supply system of Seller or its affiliates or on historical or planned deliveries, 10. OIL SPILLS. If a product spill occurs anywhere in connection with Buyer's perforWnce of this contract, Buyer shall promptly notify Seller and the appropriate governmental authorities and shall take immediate action to clean up the spill and prevent further damage. Upon receipt of such notification, Seller shall have the right, at its election, to provide, or cause to be. provided to Buyer such additional manpower, equipmont and material as in Seller's sole discretion are deemed reasonable to complete the clean-up in a satisfactory rruumner. Buyer shall pay anti be responsible for, and Buyer's indemnity obligations under this contract shall include all casts and expenses incurred in connection with the clean-up operations, including reimbursement to Seller for all of its costs and expenses, and all fines, charges, fccs or judgements imposed or levied by any Federal, slate or local governmental agency as a result of such spill, except in the event the spill resulted solely from any act or omission on the part of Seller or Sciles employees, 11. INDEMNTTY, Buyer shall indemnify, defend and hold harmless Seller and its affiliates, and their respective directors, employees and agents, fiom and against any and all expenses (including attorneys' Fees), liabilities and claims of whatsoever' kind and nature including those for damage. to property (including property of Buyer), or for injury to or death of army person (including Buyer), Product Sales Contract (Rcsellr r) C&T-920(3-08) _ 2 - REV 05/12/14 966 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit B - Proposal of Port Consolidated, Inc. directly or indirectly arising or alleged to arise out of or in any way connected with the acquisition, storage, handling, or use of any products purchased under this contract, or with the maintenance, upkeep, repair, replacement or operation of any premises used by Buyer in connection with this contract or anything located thereon, including any act or omission of Buyer or Buyer's agents or employees in the performance of this contract, or in the operation of any vehicle in connection with Buyer's business, The foregoing indemnity shall not apply to the extent and only to the extent such expense, liability or claims result from Seller's sole negligence or will misconduct, 12. DEFINITIONS AND USAQPS. In this contract, unless otherwise stated or Qre context otherwise requires, the fallowing definitions and usages apply: • "Seller and its affiliates" means Seller, its divisional parent company Chevron U,S,A, Inc., and the subsidiary and affiliated companies of each of them, • "U,S," refers to the United States of America, and all prices are expressed in U.S. currency and all units of measure are in U.S. units. • "Includes" means "includes, but is not limited to," and "including" means "including but not limited to." • Actions permitted wider this contract may be taken at any time and from time to time in the actor's discretion. • "A or B" means "A or B or both." APPLICABLE LAW AND DISPUTE RESOLUTION. This contract shalt be governed, construed, interpreted, enforced and the relations between the parties determined in accordance with the laws of the state of California, without regard to its choice of law rules. In the event a dispute arises with respect to the interpretation or performance of, or the relationship created by, this contract, the parties shall attempt In good faith to resolve the dispute. If such efforts prove unsuccessful, each party agrees to coasider the use of mediation, mini -trial, arbitration or other alternative dispute resolution techniques prior to resorting to litigalion. If mediation, mini -trial, arbitration or other alternative dispute resolution techniques are utilized by the parties, each party agrees that no award or decision resulting therefrom shall include punitive damages, If the parties are unsuccessful in their good faith attempt to otherwise resolve a dispute, the parties hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of either (l) Contra Costa County In the State of California, or (2) the fcderal courts of the Northern District of California, for any actions, auits or proceedings arising out of or relating to this contract (and the parties each agree not to commence zmiy action, suit of proceeding relatitrg thereto except in such courts). 14, PRIOR AGREEMENTS' WAIVER; MODIFICATIONS. This contract constitutes the entire agreemeut of the parties with respect to its subject matter and terwinatns and supersedes any prior agreement, understanding, representation, or proposal relating to the sale by Seller of products to Buyer nt the delivery locations specified in Exhibit A or ancillary Discretionary Sales contemplated by suction 22. Waiver by Seller or Buyer of one or more breaches of this contract shall not be deemed to be a waiver o f any other or continuing breach. No modification of this contract, and no waiver ofany of its provisions, shall be binding on Seller or Buyer unless in writing and signtd by Seller anti Buyer. 15. SEVERABILITY, ff any provision of this contract shall be adjudged invalid or unenforceableby a court of competentjurisdiction or by operation ofany applicable low, such provision shall be deemed omitted and the remaining provisions shall remain in dill force and effect, 16. MS17S, Buyer acknowledges receipt of Material Safety Data Sheets (MSDS) for all products covered by this contract. 17. DAMAGES. In no event shall Seller be liable for any special, indirect or consequential damages of any kind including loss of profits, loss of use or claims of Buyer's customers due to loss of service whether the damagos are based in contract or tort (includirrg negligence or strict liability) or otherwise. Buyer's exclusive remedy for any and oil losses or damages resulting from the purchase of products under this contract, including, but not limited to, any allegation of breach of warranty, breach of contract, negligence or strict liability, shall be limited, at Buyer's option, to either the return of the purchase price or the replacement of the fuel for which a claim is proved. 18. ASSIGNMENT AND 13151!' 9ATIO . This contract is personal to Buyer and Bayer shall not, subject to any valid requirements of any applicable statute, assign any rights or delegate any duties that Buyer may have under this contract, either voluntarily, involuntarily or by operation of law, or otherwise, without the prior written consent of Seller. If Duyer is a corporation, any sale, conveyance, alienation, transfer or other change of interest in or title to or beneficial ownership of 50 percent or more of the voting stock (or securities convertible into 50 percent or more of the voting stock) of Buyer, either voluntarily, involuntarily, by operation of law, merger or other corporate proceedings, or otherwise, shall be construed as an assignment of Buyer's rights under this contract. Seller may assign any of its rights or delegate any of Its duties under this contract without Buyer's consent. 19, NOTICES. Notices to be given under this contract shall be in writing and delivered by mail, in person, or by facsimile to the other party at the appropriate address specified in Exhibit A, or at such other address as either party may designate by written notice to the other. Notices shall be effective at time of receipt. Product Sales Contract (Reseller) -3 C&I-02.0('3-0$) "V 05/12/14 967 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Exhibit B - Proposal of Port Consolidated, Inc. 20. TERMINATfON, Seller and Buyer shall have the right to terminate this contract at any time without cause upon giving the Other party at least 30 days' prior written notice of termination. Termination of this contract shall nor relieve the ponies of responsibility For obligations incurred prior to tennination. If Seller continues to accept orders from Buyer for the products covered by this contract following expiration of the teen of this contract, such sales shall be upon all of the ternns and conditions of this contract; provided that such sales shall not be construed to evidence a renewal of this contract by operation of law or otherwise, 21. WARRANTY.. Seller warrants [hist it has title to the products sold under this contract. EXCEPT AS OTHERWISE PROVIDED IN TIIE FOREGOING SENTENCE- AND IN THE FIRST SENTENCE OF SECTION 3 OF TI -11S CONTRACT, BUYER ACKNOWLEDGES AND HEREBY ACCEPTS THAT SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING WITHOUT LIM1 1TATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FRONT ANY COURSE OF DEALING OR USAGE OF TRADE, 22. DISCRETIONARY SALES. Seller and Buyer may (but are not obligated to) engage in sale transactions for products or delivery locations not specit€eci. ith Exhibit A ("Discretionary Sales"). Unless utbenvise agreed to in writing by Seller and Buyer, any Discretionary Sales shrill be deemed made "under this conlract" and on its terms except that the specific Products, prwrs, quantities, and delivery locations for Discretionary Sales shall. be as mutually agreed upon by Seller and Buyer for each such transaction. The quantities of products sold in Discretionary Sales shall not count against the minimum or maxinium vohtmes specified in Exhibit A. Seller Chevron Products Company, a division of Chevron. U.S.A. Inc. Thanh Nhan Nguyen Attorney in. Fact Product Sales Contract (Rescuer) Bfwer PORT CON LIDATE INC By: Title: -4- C&1-020(3-08) REV 05/12/14 .. ;I DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA EXHIBIT A Exhibit B - Proposal of Port Consolidated, Inc. Tunco c4l.4ex Our Family of Brands Su Supply pP Delivery y Delive ry Minimum Maximum Price Pricing DIFF DIFF # Location Mode Product Name Volume Gallon Volume Gallon Description Provision Clear Dyed per Month per Month ($lgal) ($/gal) 1021 FTIAUDERDAL Truck Rack CALCO (Unbtlinded)LTLS 300,000 336,000 FLSRMERDALEN CONV DF2 CALCO 1107 ORLANDO FL TRM Truck Rack (Unbyunded) UIS C 250,000 275,000 1 KINDER Ia1OMAN (CAR)3) BO -05 DF2 1022 TAMPA FL TRM CHEVRON Mild Rkick CALCO (Unbranded) TILS 150,000 1 65,000 t CONV DF2 Pricing Provisions: 1. The per gallon price which Buyer sliall pay Seller for PRODUCT NAME delivered to the DELIVERY LOCATION shall be established for the dale of delivery using prior day pricing based on PRIC13 DESCRIPTION plus DI1T. The price above does not reflect applicable taxes and governmental fees, which will be added to the final invoice unless declared as exempt by the Buyer. For Platt's or OPTS spot market based pricing, if pricing includes day(s) on a weekend or holiday on which the utarket is closed, pricing will be calculated rising the prior calendar day on which the market is open. Por OPIS Rack based pricing whereby OPIS generally posts a quoto value Monday — Saturday including most holidays, Chevron will not update the OPIS rack quote value on Saturdays and the following holidays: New Year's Day (observed) Memorial Day Independence Day(observed) Labor Day Thanksgiving Day Christmas Day (observed) The quote value used for pricing based on those dates will be the quote frons the prior woekday, Notice Addresses: Seller: Chevron Products Company Atte: Shari Ruelas, CP Americas General Manager 1500 Louisiana Street Houston, TX 77002 Tel: (832) 8542587 Product Sales Contract (Reseller) Buyer: PORT CONSOLWATED INC Attn: Don Carlton 3141 SE 14TII AVENUE FT. LAUDERDALE, FL 33316 us Tel: (800) 683-5823 xt 233 -5- C&I-020(3-08) RE, V 0511211.4 969 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA Product Sales Contract {Reseller} Exhibit B - Proposal of Port Consolidated, Inc. C&1020(3-08) -6- REV 05/12/14 970 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853DlED8AAD65it_B Pr-6posa o or oC nso[idat-2i n7. - — - ::uyuuwa = ' _DR Fuel/Pbillu#arhts,LlC0.nse R05/77 o iSSulyd Pur�tylant t6 Cha ter 2laf#a'Statutes 12/18/20 ' , p , „ -i coiusOLi,oATE�,oiL PORT CON5OL-iDATED�.iNG' - . P©, BOK 350430: roO T LAU.D�RDAL.E FL'33335-0430. Dear'Taxpayer, . . Attached below is your � iellP011utants tdklicerise issued, pursuant fo.Chap#er 206 of the Florida S#atutes: This;40th;;ori2@s. iY�e:Ifcense.holder to .engage in th fuel/pollutants. activ'ity.classification's.l.isted;'; on'the.l dense Y:The. license must be=displayed cdnspicubusly at.ft pririeipal place Qf business: 'Thee:" liceri e` is Qrily valid for. fi® personlbusi ess named a6 :cannot be #rarisferred,or asslgned,.t" '-anothi; r entity, or person. Whenever the lidens61s' held by a; corporation or. business entity, there. can be, no change of stock; otiNnel^ship; or equity without prier, approval by the DeparErrtet7t. The license:.is only valid' through.the explratlon date listed. if. no'expiration"date is.listod,,th.e license is.valid-until notified by the. . Fuel/Palluta�its license'. R. 05/17 -12J8/D 9 2 • .. � . , Issued Pursuant tQ ;Gh�pter 206; Flol'idB;Statutes . �. �-' . Licenae:Nurnber,7957.18':: ::. ; ; F�plraiion Date: 1.2f3'11�021 ' • : License Acti�ity:.pollutant� Rroducer.; FN_Nmr=9 ;.x:1:73292; :: UVh9iessler -x �' �• - - .j�ltnporter. . -:�:.. ;.fi.. ,.;,_ .. ,,,'�; - .:•f.,�z:.;.3 :f..rc�F:r:- ::k' �aFrier:.�'.' ��t••-'_: . '�•._i x'2.. L� r F•. '1''s �'1 1:' f y[� 4 r. a ;sd:.�x, �.�:�., .�r'Gzl:-',fi' :•r,rl .db -t. :. .."i`� 7,' �,. a' -i`: '.� -rA'..: 3�l;i'' t 1'� :)��i `I�.�r'•�i�: �47Y .A. t-... F�,f'.. .:;s — - f., :1..: .•r'T i s�j1 ..i.�, :'.r:•. _. �} l" i. i:' •,i. „'}i ).: a r f •w'� . , a'.• -� i�, . i i 1. ..��.. •' f-f�:,%k: .a � �F: - .. P0M.-- b ,sbUbAT p_iivc. DRIDA :4 .r. :.J ii% ;.1.1;' ty .�". t��. , - 'rix.• �Yc ..F.:, F.{3RT LAUDFRDALE:FL;33335-043€ : Licenso is Not Transferable It IVlust be Posted;in a" :. Cifns ltaaus Place .This' business has-coniplled.with the required provisions of Chapter.208, : Rorlda Statutes, and la"authorized to engage In fuel activltles under the . I Lass Location: license a6dAty�cliftdatlon listed above. If no explratlori date,ls dated, the license is vaild unili notltled by the Department of Ft6venue. 971 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. 3141 SE 14th Avo. - P.O. Box 350430 Ft, Lauderdale, FL 33335 Phone: (954) 522-1182 Fax: (954) 527-1191 Toll Free: (800) 683-5823 November 20, 2021 Jeff English City of Pompano Beach 1190 NE 3rd Avenue Building C Poiirmict Reaci. FI 1.166M Alternate Proposal — UNLEADED GASOLINE & DIESEL FUEL FOR SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP — RFP E-03-22 Dear Mr. English: Please be advised. For those municipalities that wish to haul their own product, Port will deduct $0.01 per gailon from the standard delivered transport offering. Port Consolidated also has the ability to arrange for "Fixed Price" fuel contracts. These programs will allow municipalities to budget their fuel costs without having to combat day to day market volatility. Please see the attached "Fixed Price" Supply Agreement. Pricing or quotes for such programs change by the minute. We would prefer to quote accordingly if and when the need arises. Should you or the City of Pompano Beach Purchasing Division have any questions on this proposal, please feel free to contact me at any time. Sincerely, X Don Carlton President Port Consolidated Wimi - Ftl-aoderdale - West Palm Reach , FtRieice - Orlando -Jacksonville - Tampa 972 www.perleonsdidat0d,C0fT1 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. Port Consolidated 3141 SE 14$x' Ave. Exhibit A Fort Lauderdale, FL 33335 Petroleum Product Sales/Purchase Agreement SUBJECT TO THE TERMS AND CONDITIONS OF THIS SALES/PURCHASE AGREEMENT, BUYER AGREES TO PURCHASE AND SELLER AGREES TO SELL AND DELIVER THE FOLLOWING PRODUCT(S) AT THE PRICE(S) AND 1N THE QUANTITIES (TO BE PULLED RATABLY THROUGHOUT THE DELIVERY PERIOD) AS SET FORTH IN THIS AGREEMENT. ACCEPTED AND AGREED TO ON Buyer: Seller: PORT CONSOLIDATED Attn: Attn: JOSEPH R. SISKA Title: Title: CFO/ TREASURE Phone: Phone: 954-522-1182 x233 Fax: Fax: 954-527-1191 By: By: Print Name: Print Name: Donald Carlton, Jr. Title: Owner Title: President 1. F.O.B. Delivery Point(s) Monthly Gallons Product 2. Payment Terms: Payment Net 15 Days from date of bill of lading. All payments shall be made in US Dollars. Volume shall be determined solely by the terminal net bill of lading or certified meter reading. 3. Term: The Term of this Agreement shall be for a period of months, beginning on and ending on 4. Price: 5. Credit: Upon request Buyer will promptly furnish to Seller financial statements, references from banks and trade organizations and any other information requested by Seiler. Buyer represents and warrants that all financial statements or similar documents provided by Buyer to Seller (previously or hereafter) (i) do or will fairly present in all material respects Buyer's financial condition as of the date of such documents; (ii) have been prepared in accordance with U.S. generally accepted accounting principles and (iii) if audited, have been certified without reservation by a firm of independent public accountants. Seller shall detennine a credit limit ("Credit Limit") for Buyer. Buyer agrees that it shall not contract for Product(s) in excess of its Credit Limit. Buyer shall have the right to contract for amounts reflecting the difference between the Credit Limit and any amounts due and owing to Seller. Seller in its discretion may require Buyer to make a good faith deposit at initiation of this Agreement to, secure Buyer's performance. [Alternative: Seller in its discretion may require Buyer to make several deposits on demand during the Term of the Agreement to secure Buyer's Aerformance.1 Such deposits) will constitute credit against future delivery and may pplied against one or more invoices (exclusive of taxes) in Seller's discretion. Seller has the right to use any deposit(s) to set off against any obligations of this Agreement in the event Buver defaults. becomes insolvent or files for bankrupt 6. Taxes/Fees: Buyer acknowledges that taxes and fees are not included in the price set forth above, shall be billed as a separate line item and are subject to change from time to time without notice, Buyer further acknowledges that it is responsible for paying on demand any and all (a) costs and expenses for transportation from the designated supply point(s) set forth herein and (b) taxes, duties, charges, assessments and fees (including without limitation superfund and environmental fees) imposed, directly or indirectly, now or hereafter on, against, in respect of, or measured by the Product(s), or any material contained in the Product(s), or related to inspection, production, manufacture, sale, use, purchase, storage, transportation, delivery, or 973 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 ED8AA Exhibit B - Proposal of Port Consolidated, Inc. other handling of the Product(s) or material contained in the Product(s), or any feature thereof, or otherwise relating to this Agreement. The parties specifically agree that the preceding sentence shall apply regardless of any other term or condition contained herein or any other agreement between the parties. Should Buyer claim exemption from any taxes, Seller is under no obligation to verify such status and Buyer shall indemnify Seller pursuant to Paragraph 15 in the event Buyer is or was not exempt from such taxes. 7. Specification: Per Seller specifications 8. Ouanti ty/Volume: Buyer shall purchase 100% of Monthly Gallons per each Delivery Point. Buyer is required to lift Product(s) ratably on a weekly basis at all Delivery Points. 9. Ratable Usage: During each calendar month of this Agreement, Buyer is required to lift each Product on a ratable basis by the week at any or all of the delivery points: The weekly ratable volume for each Product by delivery point is 7130 of the maximum monthly volume (defined as one twelfth of Purchaser's yearly commitment or otherwise computed on a pro rata basis based on the number of months of this Agreement) specified for each delivery point, 10. Default and Remedies: For the purposes of this Agreement, Buyer's default includes (a) the making of any false or misleading representation in this Agreement and (b) the failure to observe or comply with any provision or covenant in this Agreement. In the event of Buyer's default, Seller may seek all legal and equitable remedies, including, without limitation, all rights provided by Article 2 of the Uniform Commercial Code. Seller may also seek its attorneys' fees, costs and expenses incurred in connection with Buyer's default. In addition, in the event that any invoice is not paid when due or Buyer takes delivery in violation of Buyer's Credit Limit, Seller may at its option (i) suspend or condition further deliveries or (ii) terminate this Agreement, without notice or demand, and all unpaid balances shall be immediately due and payable. In the event Buyer fails to take delivery of any portion of any Product(s) during the Term, including non-delivery as a result of Buyer's default, Buyer agrees to pay Seller immediately Seller's lost profits on the undelivered quantity of Product(s). All amounts not paid when due shall bear interest at _% per annum and shall be payable with all costs of collection, including, without limitation, Seller's attorneys fees, costs and expenses. Upon the occurrence of any default, Seller may set off against the indebtedness of any amounts owing by Seller to Buyer, whether or not those amounts are immediately payable. Seller shall have the right to require the Buyer to take possession of the Product with or without demand and with or without process of law and the right to sell or dispose of the Product. 11. Notices: Any notice, request or other communication required or permitted by or pertaining to this Agreement ("Notices") shall be in writing and issued to the addresses as listed above. Notices shall be delivered by (a) by a nationally recognized courier or messenger service with confirmed delivery, (b) personal service or (c) first class mail prepaid. Notice using the methods set forth in (a) or (b) shall be deemed effective if delivered between 9AM (EST) and 5PM (EST) ("Business Hours") on a day on which commercial banks are open for business ("Business Day"); any notices delivered after Business Hours or on a non -Business Day shall be deemed delivered as of 9AM (EST) on the first succeeding Business Day. Notices by first class prepaid mail shall be deemed received 5 calendar days after mailing. Refusal by a party to accept notice shall not affect its validity. 12. Allocation: Seller, in its sole discretion, may decide to allocate or limit quantities of Product(s) available for sale. In such instance, Seller shall exercise reasonable efforts to provide all of its buyers with allocations of Product(s) reflecting amounts purchased previously on a regular basis prior to allocating any Product(s) to non guaranteed quantity purchase customers and/or new customers. 13. Over Liftin>z: For purchases of Product(s) exceeding the amounts set forth in Section 1 above, the Buyer shall be charged in accordance with current Port Consolidated delivered prices. 14. Non -Reliance: Buyer represents that is entering into this Agreement as a principal (rather than as agent of any person or entity) and has made its own independent decisions to enter into this Agreement. Buyer is not relying on any communication (written or oral) of Seller as a recommendation to enter into this Agreement, Buyer is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terns, conditions and risks of this Agreement. 15. Warranties: Seller warrants that Product(s) delivered to Buyer will conform to the description(s) set forth on page 1 of this Agreement. This is Seller's sole warranty. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY PRODUCT(S) PURCHASED HEREUNDER. ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND SPECIFICALLY EXCLUDED, 16. LIMITATION OF LIABILITY: SELLER DISCLAIMS AND BUYER HOLDS SELLER HARMLESS FROM AND AGAINST ANY LIABILITY FOR CONSEQUENTIAL OR OTHER INCIDENTAL DAMAGES, BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY CLAIMS OF LIABILITY ARISING FROM USE OF THE PRODUCT, WHETHER SINGLY OR IN COMBINATION WITH OTHER SUBSTANCES. Seller shall not be liable for damages, whether arising from performance of Seller's obligations under this Agreement, tort (negligence), or otherwise for loss of anticipated profits, loss by reason of plant shutdown, non -operation or increased expense of operation, service interruption, claims of customers, cost of money, loss of use of capital or revenue, or for any special, incidental or consequential loss or damage. Buyer agrees to defend, indemnity and hold harmless Seller from and against any and all liability, losses, damages, costs, claims, lawsuits, judgments, settlements and expenses, including without limitation, reasonable attomeys fees, costs and expenses arising or related to this Agreement or Seller's performance under this Agreement. Buyer assumes all risk and liability for and shall indemnify and hold Seller harmless from and against any and all loss, damage or injury to persons or property (whether to Buyer or third parties) arising out of the ownership, use, custody, control or disposition of theProduct(s) by Buyer, its agents and employees or by any third parties. 17. Risk of Loss and Title: Identification of the Product(s) shall occur the Agreement is effective. Risk of loss passes to Buyer on identification. Title of the Product(s) shall pass to Buyer on physical possession, 18. Defects: Buyer shall within 2 days advise Seller of any alleged defect or failure to conform with specifications. If the parties agree that the Seller is responsible, at Seller's option (a) the defective Product(s) shall be retumed at Buyer's expense, properly safeguarded against normal transit 2 974 DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1 EDBAA Exhibit B - Proposal of Port Consolidated, Inc. risks as required by Seller, for replacement by Seller or (b) the parties shall negotiate a mutually acceptable amount to be deducted from the Agreement price, the payment of which shall operate as a full release of Seller. Buyer's failure to notify Seller of any alleged defect or failure to meet specification within 2 days shall constitute a complete waiver of any claim with respect to defects or failure to conform and Buyer's release and covenant not to sue Seller with respect to any such claim. 19. Acceptance: Buyer's acceptance of delivery of Product(s) shall constitute irrefutable evidence of its agreement to the terns and conditions set forth herein. 20. Responsibility to Warn and Report: Buyer assumes all responsibility for (a) warning and protecting its personnel and any third parties of all hazards to persons and property related to the Product(s) and (b) complying with all relevant reporting obligations under the Emergency Planning and Community Right to Know Act of 1986, 42 USC Sections 11001- 11049 resulting from the presence of chemicals under this Agreement. 21. Applicable Law/Forum/Jury Waiver: This Agreement is governed by and shall be construed under the laws of the State of Florida without reference to conflicts of laws rules or principles. With respect to any suit, action or proceedings relating to this Agreement ("Proceedings") each Party irrevocably (a) submits to the exclusive jurisdiction of the courts of the State of Florida and the United States District Court located in Broward County; (b) waives any objection that it may have at any time to the laying of venue of any Proceedings brought in such court, (c) waives any claim that such Proceedings have been brought in an inconvenient forum and (d) further waives the right to object, with respect to such Proceedings, that such court does not have jurisdiction over such party. INSOFAR AS PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING IN CONNECTION WITH THIS AGREEMENT AND ACKNOWLEDGES THIS WAIVER IS A MATERIAL INDUCEMENT TO THE OTHER PARTY'S ENTERING INTO THIS AGREEMENT. The prevailing party in any litigation between the parties shall be entitled to recover reasonable costs including external attorneys fees. 22. Waiver: No waiver by either Party hereto of a breach of an obligation owed hereunder by the other shall be construed as a waiver of any other breach, whether of the same or of a different nature. No delay or failure on either Party's part to enforce any right or claim, which it may have hereunder, shall constitute a waiver on the respective Party's part of such right or claim. All rights and remedies arising under this Agreement as amended and modified from time to time are cumulative and not exclusive of any rights or remedies which may be available at law or otherwise. 23. Assignment: Neither Party shall assign this Agreement without the consent of the other Party hereto. Any such attempt to assign this Agreement shall be null and void. Nothing herein shall confer or is intended to confer on any person or entity which is not a party to this Agreement any rights or benefits under this Agreement. 24. Amendment: This Agreement shall not be modified or amended, except by written instrument duly executed by officers or other duly authorized representatives of the respective Parties. Notwithstanding the foregoing, Buyer agrees that Seller may modify the terms of this Agreement at any time to comply with changes in applicable law. Acceptance or acquiescence in a course of performance rendered shall not be relevant to determine the meanings of these terns and conditions. Notwithstanding any provisions therein to the contrary, any terms and conditions in a Buyer's purchase order, confirmation, acknowledgement form or other document issued by the Buyer that conflict with this Agreement or increase Seller's obligations are rejected and shall not be binding on Seller unless expressly accepted by Seller in writing. 25. Severability: Any provision hereof which is legally unenforceable shall be ineffective only to the extent of such unenforceability without thereby invalidating the remaining provisions hereof or affecting the validity of enforceability of this Agreement as a whole. 26. Entire Agreement: This Agreement contains the entire agreement and understanding between the Parties with respect to the subject matter hereof, and there are no other promises, representations, or warranties affecting it. 27. Force Majeure: In no event shall the Seller be held liable (a) for indirect, consequential, punitive, or multiple damages or (b) for any loss of any kind caused, directly or indirectly, by federal, state or local law, order or regulation, government restrictions, war (whether declared or undeclared), terrorist acts, insurrection, riots, fires, flooding, strikes, failure of utility services, accidents, adverse weather or other events of nature, or other conditions beyond its reasonable control 28. Insurance: Buyer shall carry and maintain comprehensive general public Iiability insurance, including contractual liability, bodily injury and property damage, workmen's compensation, and employer's liability insurance throughout the Term of the Agreement and any extension of this Agreement. 29, Recording: Each party may, in its commercially reasonable discretion, record, on tape or otherwise, any telephone conversation between the parties and involving their respective officers, agents and employees, and each party hereby agrees and consents thereto. 30. Time is of the Essence: Time is of the Essence in this Agreement. Failure to meet a deadline shall be a breach. 31. Headings: Headings in this Agreement are for convenience only and should not be used for interpretive purposes. 32. Authority to Sign: Each party executing this Agreement is duly authorized to do so and all entity action necessary for the making of this Agreement has been duly taken. 975 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA From: Qgn ggritgn To: Antonio Pucgi Cc: Jeffrey English Subject: FW: Best and Final - RFP E-03-22 Date: Friday, January 7, 2022 3:31:55 PM Attachments: fllsharDrnxm450n(d)Dortcons.corn 20220107, 153217.pdf EXTERNAL Email: Do not reply, click links, or open attachments unless you recognize the sender's EMAIL ADDRESS as legitimate and know the contents are safe. Antonio, Per your request. Please see attached. Thanks, Don -----Original Message ----- From: flIsharpmxm450n((-.�portcons.com mailtc,:fllsharpmxm450n 6Oportcons.com] Sent: Friday, January 7, 2022 3:32 PM To: Don Carlton <dcarltonCc�,portconsolidated.com> Subject: Scanned image from MX -M3570 Reply to: fllsharpmxm450n Cceportcons.com <fllsharpmxm450n((-.�portcons.com> Device Name: Not Set Device Model: MX -M3570 Location: Not Set File Format: PDF (Medium) Resolution: 200dpi x 200dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader(R) or Adobe(R)Reader(R) of Adobe Systems Incorporated to view the document. Adobe(R)Reader(R) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems Incorporated in the United States and other countries. http://www.adobe.com/ 976 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1 ED8AA or oftod 3141 SE 14th Ave, - P.O. Box 350430 Ft. Lauderdale, FL 33335 Phone: (954) 522-1182 Fax: (954) 527-1191 Toll Free: (800) 683-5823 January 7, 2022 Jeff English City of Pompano Beach 1190 NE 3`1 Avenue Building C. Pompano Beach, I'I, 33060 Re: REP E-03-22, Unleaded Gasoline and Diesel Fuel for SE Florida Co-op Group Dear Mr. English: Port Consolidated is pleased to offer the Co-op our Best and Final Offer. • Item No. 1 Transport Regular Unleaded 87 Octane $ + .036 per gallon • Item No. I Tankwagon Regular Unleaded 87 Octane $ +.186 per gallon • Item No. 2 Transport Diesel Fuel 42 Ultra Low Sulfur $ 1 .036 per gallon • Item No. 2 Tankwagon Diesel Fuel #2 Ultra Low Sulfur $ + .186 per gallon Should you have any questions or comments on this proposal, please feel free to contact me at any time, Sincepe Von Cal Iton President Port Consolidated Mimi - Ft LaudefdaJe - West Palm Beach - 171,Pierce - Orlando -Jacksnnvilln - Tampa 977 www. parironsolidated.coni DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA Exhibit C - Rate Schedule Other products available for purchase Transport Delivery Tankwagon Delivery Item No. Description Description Differential Differential 1 Unleaded Gasoline 0.036 0.186 2 Diesel Fuel 0.036 0.186 Other products available for purchase Per Gallon Delivered Item No. Description Cost 1 Bulk Diesel Fuel $3.50 Exhaust Fluid (DEF) 978 DocuSign Envelope ID: C327F0D0-D8DF-4343-B5DB-90853D1ED8AA PORTCON-03 JANNERJ .gCORo„ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1/21/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 CONTACT James Janner Insurance Office of America NAME: PHONE FAX (A/C, No, Ext): (954) 334-2395 23915 (A/C, No):(954) 318-1383 500 W. Cypress Creek Road ADMDRIESS: James.Janner@ioausa.com Suite 320 Fort Lauderdale, FL 33309 MWZY31183022 2/1/2022 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Old Republic Insurance Company 24147 500 000 _$-------------------------------------------------- ________________________EXP(Any INSURED INSURER B: AXIS Surplus Insurance Company 26620 Port Consolidated, Inc. INSURER C P O Box 350430 INSURER D: EXP (Anyone person) Fort Lauderdale, FL 33335 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY AUTHORIZED REPRESENTATIVE City of Pompano Beach, FL Attn: Risk Manager j 100 West Atlantic Boulevard EACH OCCURRENCE $ 1,000,000 J CLAIMS -MADE l- - OCCUR ----- X MWZY31183022 2/1/2022 2/1/2023 -DAMAGE TO RENTED P_REMIS_ES_(_Ea__o_ccurrencg) 500 000 _$-------------------------------------------------- ________________________EXP(Any EXP (Anyone person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 U PRO- POLICY JECT X a LOC PRODUCTS - COMP/OP AGG 2,000,000 $ $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT _(Ea accident) __. __. 1,000,000 _$ X ANY AUTO MWTB31183122 2/1/2022 2/1/2023 BODILY INJURY (Per person) $ OWNEDSCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIREDNON-OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) $ _ _ X CA9948 X - MCS -90 ----- ----- ----- ----- -- B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS -MADE ......RETENTION 11 ......... .. 11 P00100080337101 2/1/2022 2/1/2023 AGGREGATE ........ ......... $ 2'000'000 ...$ ......... ......... . DED $ A WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE f „�t OFFICER/MEMBER EXCLUDED? u (Mandatory in NH) N / A MWC31182922 2/1/2022 2/1/2023 PER OTH- _ STATUTE ..... ER E.L. EACH ACCIDENT ...................................................... 1,000, $ E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 1D1, Additional Remarks Schedule, may be attached if more space is required) Thirty days notice of cancellation, except ten days notice in the event of non-payment of premium. CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY WHEN REQUIRED BY CONTRACT OR AGREEMENT SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS. APPROVED By Daniella Thorpe at 10:00 am, Jan 24, 2022 CERTIFICATE HOLDER CANCELLA ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reser979 The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Pompano Beach, FL Attn: Risk Manager j 100 West Atlantic Boulevard Pom ano Beach FL 33060 r ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reser979 The ACORD name and logo are registered marks of ACORD 7.13 Consent Bids and Purchases over $100,000 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Approve task order # 157 for the SW 8th Street improvements from Woolbright Road to Boynton Beach Boulevard. Requested Action: Approve task order # 157 to Atlantic Southern Paving and Sealcoating as the lowest pre- qualified vendor for the SW 8th Street improvements (Bid No. PWE22-008) in the amount of $814,247.35 plus a 10% contingency of $81,424 if needed for staff approved change orders for unforeseen conditions for a total expenditure of $895,671.35 based on costs provided by Atlantic Southern Paving & Sealcoating. Explanation of Request: On April 5th, 2022 - The City of Boynton Beach awarded Bid No. PWE22-008 - Asphalt and Sidewalk Rehabilitation to establish a pre -qualified list of vendors. The City Manager was authorized to sign contracts with Atlantic Southern Paving and Sealcoating, LLC and M & M Asphalt Maintenance, Inc. d/b/a All County Paving of Delray Beach. On August 15, 2023 Commission approved a budget amendment to appropriate the funds needed for the SW 8th Street improvements. The project will include structural road repairs, roadway milling and resurfacing, sidewalk repairs and replacement, construction of new sidewalk and ADA ramps, traffic -calming features, replace signage and pavement markings on SW 8th Street from Woolbright Road to Boynton Beach Boulevard. How will this affect city programs or services? The project will decrease the maintenance costs, beautify the area, and eliminate trip hazards. Fiscal Impact: This is a budgeted item. Attachments: 980 SW 8 St - Project Information and Financial Plan.pdf SW 8 St - Proposal.pdf R22-057 - Asphalt & Sidewalk Rehabilitation - exp. 4-4-2025.pdf 981 Capital Improvement Program Project Information & Financial Plan Form Project Name: Task 157 SW 8th St Roadway Improvements (7.19.23) Dept./Location: Transportation Project#: Project Type: Streets Amount Project G/L#: TR2318303-4905-541.63-08 streets $ 592,746 Project Manager: TR2319 303-4904-541.63-245idewalks $ 70,045 Carl Frumenti TR2320 303-4904-541.63-24 Landscape $ 151,456 Project Duration: Structural road repairs, roadway milling and resurfacing, sidewalk repairs and replacement, contruction of new sidewalk and ADA ramps, traffic claming features, replace signage and pavement markings on SW 8th St. from Woolbright Rd to Boynton Beach Blvd,. BUSINESS CASE I Roadway riding surface is old and exhibits a variety of pavement distresses, and several areas of structural concern. Several pedestrian locations need to be recontructed for ADA compliance and potential liabilities can be mitigated by repairing sidewalks and aspahlat path re DISTRICT I 1 PROJECT SCHEDULE Estimated Planning / Study Design Contract Advertise/Award Construction Sep -23 PROJECT PRIORITY High Medium RISK / CHALLENGES Traffic volumes during peak hours Design Construction SOURCE OF FUNDS PROJECT CRITERIA FY 22/23 Completion Replacement of Facilities/Equipment (New) Expansion of Facilities (Modification) Actual Estimated Actual General Gov't CIP Fund (302) $0 $0 $0 $0 $0 Enhance Service to Public $0 Local Gov't Surtax Cap Fund (303) $0 Regulatory or Commission Mandate $0 Dec -23 $0 Reduce Costs $0 Local Option Gas Tax (104) $0 Generate Revenue Health & Safety $0 Cddai- tladtomandatesorsafety Security/ Fire Control X ADAComplaince Moderate benefit $0 SOURCE OF FUNDS Prior Years FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Project Total General Gov't CIP Fund (302) $0 $0 $0 $0 $0 $0 $0 Local Gov't Surtax Cap Fund (303) $0 $0 $0 $0 $0 $0 $0 Local Option Gas Tax (104) $0 $0 $0 $0 $0 $0 $0 Parks & Rec Trust Fund (141) $0 $0 $0 $0 $0 $0 $0 Rec Program Revenue Fund (172) $0 $0 $0 $0 $0 $0 $0 Public Service Debt Fund (207) $0 $0 $0 $0 $0 $0 $0 Utility Cap Improv Fund (403) $0 $0 $0 $0 $0 $0 $0 Utility Cap Fees (404) $0 $0 $0 $0 $0 $0 $0 Golf Fund (411) $0 $0 $0 $0 $0 $0 $0 Debt $0 $0 $0 $0 $0 $0 $0 Grants/Donations $0 $0 $0 $0 $0 $0 $0 TOTAL $o $0 $0 $0 $0 $0 $0 USE OF FUNDS Prior Years FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Project Total Planning/Design $0 $0 $0 $0 $0 $0 $0 Construction $0 $814,247 $0 $0 $0 $0 $814,247 Furniture & Equipment $0 $0 $0 $0 $0 $0 $0 Technology Software/Hardware $0 $0 $0 $0 $0 $0 $0 Art (1% of Construction) $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Program Management $0 $0 $0 $0 $0 $0 $0 TOTAL $0 $814,247 $o $0 $0 $0 $814,247 Impact on Operating Budget Prior Years FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Revenues (List: ) $0 $o $0 $0 $0 $0 Personnel $0 $r} $0 $0 $0 $0 Other Operating $0 $0 $0 $0 $0 $0 Supplies $0 $o $0 $0 $0 $0 Capital Outlay $0 $814,247 $0 $0 $0 $0 TOTAL $0 $814,247 $o $0 $0 $0 Submitted by: CFrumenti September 30, 2022 Dept. Director: Mario Guzman October 1, 2022 982 Mill and Pave / Walk Path and Sidewalk Repair Proposal City Of Boynton Beach Public Works Carl Frumenti Project: SW 8th St /Task 157 SW 8th St Boynton Beach, FL 33435 ATILANTICSOUTHERN F°FX{�, II Pi G baa li`J I[,V L ( n D'41,15 Rich Atzert Account Manager Page 1 983 Your Pavement Contractor Company Info ATLANTICSOUTHERN Atlantic Southern Paving and Sealcoating 6301 West Sunrise Blvd Sunrise, Florida 33313 P:954-581-5805 F:954-581-0465 http://www.atianticsouthernpaving.com About Us Contact Person Rich Atzert Account Manager Rich@atlanticsouthernpaving.com Cell: 954-299-6114 Office 954-581-5805 We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us: CLICK HERE FDOT Certified Contractor Page 2 984 Proposal: SW 8th St /Task 157 MOT 1. Item 16 - Message boards (4) - 45 days @ $27.00 per day $4,860.00 2. Item 20 - Flagmen 4 Flaggers for 48 days 1,584 hours @ $26.25 per hour. $41,580.00 3. Item 4 - type I barricades 160 @ $9.00 each. $1,440.00 4. Item 17 - warning arrow (2) 45 days @ $15.00 per day $1,350.00 5. Item 13 - portable tower lights (overnight milling) (4) 4 days @ $225.00 each day $3,600.00 Total Price: $52,830.00 Asphalt Walk Path 1. Item 65 - 1" asphalt 86 tons @ $180.00 per ton $15,480.00 Total Price: $15,480.00 Concrete Sidewalks 1. Item 146 - SRR 6" concrete 40 SF @ $12.50 per SF. $500.00 2. Item 145 - SRR 4" concrete 1,670 SF @ $7.50 per SF. $12.525.00 3. Item 142 - New 4" concrete 3,580 SF @ $7.75 per SF. $27,745.00 4. Item 147 - handicap mats 37 @ $250.00 each $9,250.00 Total Price: $50,020.00 ATLANTICSOUTHERN Page 3 985 Proposal: SW 8th St /Task 157 Landscape Island Installation 1. Item 23 - remove unsuitable material 494 CY @ $30.00 per CY $14,820.00 2. Item 24 - import fill material 681 CY @ $30.00 per CY $20,430.00 3. Item 134 - F curb 1,767 LF @ $50.00 per LF $88,350.00 4. Item 28 - floritam sod 1,460 SY @ $5.50 per SY $8,030.00 Total Price: $131,630.00 Full Depth Repairs 1. Item 91 - 1" additional milling 4,483 SY @ $.80 per SY $3,586.40 2. Item 47 - 4" limerock (will equate to 2" limerock) 2,241 SY @ $15.00 per SY $33,615.00 Total Price: $37,201.40 Mill and Pave 1. Item 88 - 1 1/2" mill 25,848 SY @ $3.60 per SY. $93,052.80 2. Item 72 - 1.5" asphalt 2,171 tons @ $130.00 per ton. $282,230.00 Total Price: $375,282.80 ATLANTICSOUTHERN Page 4 986 Proposal: SW 8th St /Task 157 Raised Intersection (Barcelona) 1. Item 23 - remove unsuitable material (road widening) 98 CY @ $30.00 per CY $2,940.00 2. Item 49 - 8" limerock (Road widening) 366 SY @ $25.00 per SY $9,150.00 3. Item 70 - 1 1/2" asphalt 67.40 tons @ $180.00 per ton $12,132.00 4. Item 140 - mountable curb 230 LF @ $50.00 per LF $11,500.00 5. Item 144 - 6" concrete (island insert) 400 SF @ $15.00 per SF $6,000.00 6. Item 142 - 4" concrete sidewalk 155 SF @ $7.75 per SF $1,201.25 Total Price: $42,923.25 Raised Intersection (SW 1 st CT) 1. Item 70 - 1 1/2" asphalt 51 tons @ $180.00 per ton $9,180.00 2. Item 142 - 4" concrete sidewalk 370 SF @ $7.75 per SF $2,867.50 3. Item 151 - concrete removal 325 SF @ $10.00 per SF $3,250.00 4. Item 123 - single post and signs 8 @ $370.00 each $2,960.00 5. Item 124 - single post two signs 4 @ $495.00 each $1,980.00 Total Price: $20,237.50 ATLANTICSOUTHERN Page 5 987 Proposal: SW 8th St /Task 157 Striping 1. Item 102 - 6" yellow lines 12,011 LF @ $1.80 per LF. $21,619.80 2. Item 103 - 6" white lines 11,847 LF @ $1.80 per LF. $21,324.60 3. Item 111 - 24" white lines 84 LF @ $10.00 per LF. $840.00 4. Item 108 - 12" white lines 795 LF @ $6.10 per LF. $4,849.50 5. Item 109 - 18" white lines 1,110 LF @ $9.20 per LF. $10,212.00 6. Item 105 - 8" white lines 200 LF @ $2.60 per LF $520.00 7. Item 120 - ONLY stencil 1 @ $345.00 each. $345.00 8. Item 113 - arrow 29 @ $88.00 each $2,552.00 9. Item 121 - Y/Y RPMs 430 @ $15.00 each. $6,450.00 10. Item 122 - W/R RPMs 275 @ $15.00 each. $4,125.00 11. Item 123 - single post and sign 3 @ $370.00 each $1,110.00 12. Item 124 - single post and two signs 1 @ $495.00 each $495.00 13. Item 123 - single post and sign 6 @ $370.00 each $2,220.00 14. Item 124 - single post and two signs 4 @ $495.00 each $1,980.00 Total Price: $78,642.90 ATLANTICSOUTHERN Page 6 988 Proposal: SW 8th St /Task 157 Contingency Costs 1. Item 27 - bahia sod 1,000 SY @ $5.00 per SY $5,000.00 2. Item 28 - floritam sod 909 SY @ $5.50 per SY $4,999.50 Total Price: $9,999.50 Project Notes ATLANTICSOUTHERN 1. Total project will be divided into four (4) phases. Each phase will be completed with the exclusion of thermoplastic striping which will be completed in a whole after the curing period for all phases. 2. It is proposed that the milling process be performed overnight. All other scopes will be completed during daylight hours. 3. It is recommended that an off duty trooper/sherriffs deputy be employed during the overnight milling process. There is no item in the contract for this. Page 7 989 Proposal: SW 8th St /Task 157 N07E, Veep ormy pavvi nepfl markings to br, m0kd uftd ThemesplasHe Vark.,vigs Can be appRu&d N MEDIAN DETAILS - SH7 C42 -'BARCELONA VILLAS Exhibit N("�TE rorzdradar to lawdo mm rft 1 Mr a?R pate vahcT NOTE canfracrarro submMw ir DT plan O propos,W north CRAGrl ARREL SCOPE OF WORK NUJ( existing aq,hall 81 mpair hale as needed Pave wim Type �° ill x I tr21 Itaspnam Rrj,mrf eAend nark base G" Wyomd E OP M all vdge repiir locations RemvveR.'eplao4' or 6" sidewilk .A, shum Peplacp,,Areev rcorjqis Where 11101AM Re-stTypeas per m0ng layout ( conkAm W P'B1,,'o 'TP -2,11 TP -1 7 tor hermoplastic pamq marktnq RY.Turrmnerts and ^apeOflcahoiq& Replace sW w0h hke hype rood as needed for refumart kon ad � 0necl work. locatircms om needed Rep,10le,p],lCe, dVVMqH SedOrl, Or aSph,111 valh gmake aLqw rmk•chrlirps 0% Hd,Aic�el torw Ar)Aand mstiRl tacWe imnuh, ings 5hown SamtW & ronave PAhshngasphall Regale compad and crH11,01141 new i5lft,* ATLANTICSOUTIHE,RN, Notes: i Page 8 990 PAYING DETAILS - CSB SM DETAILS P11 -P7 ■ SIDEWALK & ASPHALT PATH DETAILS - C 8 B STD RETAILS P11 O -P20 If j" MA, WON POST OETALS -CBS STD 1DETA1LSG-S &G-10 PAVE ME NIT MARK ING DFTAl LS -PSCO. TP-214'Thermo&RPMO Y,), rqpai, W, "caa ear �p rrvlflelv(,� eymInq mph;v TASK -157 SW 8th St Notes: i Page 8 990 Proposal: SW 8th St /Task 157 NOTE rempadwy prom"We"I Inar,4109s TO be MS, taMNY V MW nw"Mpki'vir Mal Wngs caft be apphed Exhibit NOIS , vonfmcW Upirovnlc mer omys Mr M gMo vafves NO TE , ar."meo1w trk soOrvivr V107'prau wah pop rosaP ATLANTICSOUTHERN low", SCOPE OF WORK V" 41a,"ll", MO mml exlAng asphan & rej:OW base as neerded iave wim ryim, s m x i irw in aspimn RepaV 0end nwk hase 6'beycnd D)Pal afl edge, & vix ¢ep7ur lou'l4ons as glov"In ncirAacf, svc,0 road qgns whefe shown Re-sinpeas pef exrting iayoW l curlavin Bo PBCo TP- 21 TF1,1 7 UWrenn oriMsU. pMhq matking aeqwremenls And spCelficalions Rulp0cfe Sod WIM hke dype Was neevjecl �m Fr"'Om restpratton M defined wDfk of.ahom af, ncx,,ded W ewnlove Repmrfreplacc clamage w0ons ntanphaft Re�, rad, bm!,e l,-fvnpaf,l li Irl palh mak� ope ream ficmr, undwMed for TASK -157 SW 8th St afflg,rrluwll llewas'PNdH ADAandmstaIll tacfile warnwlg� mals shown SaNcut & reninve ext sring asphall Regrade haw compact and foWrucl newraspkalk 2 Notes: Page 9 991 Proposal: SW 8th St /Task 157 M',XrC Tempar%Y!Tpave mjqnw,7rmnqp tobcmamNounol ThermcqO,7sirw hltrkmp can P.,p appAvml TASK -157 SW Sth St . .. . . ........ . . . ....... . ..... . ............. . -.-- Exhibit NOTE - contvalfar la dcr 0 gaVe 61,0veg NOTE , ninnn''uvarfo fi,," 1, Frj 5, d Z F, - r n I... 14 F'Axll ,n a%vrt r R I',, I, m, I f I ov, 'I hr u I :n ,Ihr W R NZ) I , Wd t L1,0', I RPI', M 1 i41 f C ( f I'l i, l J, I I f I I+ v , vv VO u N Notes: ATLANTICSOUTHERN 11AVING AW, SDMOATIING yOA—IPLUR MUM, WIN am5liml mphA & epajr bxw x5 needed t:llve vathFpm S, Ul X € 112, Th lsphaR FFcpaaia emend nark Gr ase W beVondl COP it alW edge repair lac,.Wons Renum.4Re,pllace I ' 4 Fj vdewa* as shown Rk,pkjc,p AjeW road siigin, xhen, Sown �-SgmpAg p*l pxmilrr hyaul. umbmil to PBCO TF. 21 -TF -1 7 faif 11 Ye, rn oplasb9 pavwV mmAng and sperAc.,liftim RcrAace -wd NO hKe lyy" wd aq waw 0ed Rw Of 11011 ,d -k 9M,',IUWl as eeeded Repawh%Ajc(Illn"Ag'O swchon� da"FAIMN path InAc, Slope wffeclllums as indcmed 1"'r ADA affd anmalll 1,AeWp arnwqs mmq., �Iwwlfl eKl'+mq Req rade bae, co my and ccowlrud irkw asphdIll N Page 10 992 Proposal: SW 8th St /Task 157 Pk.'rM, Tamporary paw,mveM maaongs io oe mswncu untd Pwrp"01,00Vr rVUrk'Ing, can ba appyked 'vN II Mf TASK 157 - SW 8th St Exhibit NOTE- far'pffpre vMvas NO FE c0imanor Di submv4 MOT,OWW wah pForjasV ATLANTICSOUTHERN 11AVING AW, SDMOATIING SC GPF OF WORIK M91 . "10113 phdl a '. L drvd OPV -1111,, 1 6QTI, 6IM111A RwpwF �' to 104 WF" bey ed F',IP W oil wd'p' mpx, b—h.. h' W—ta mh— Mu '.eNll Y. pa'C' TP-Z� FI�I: W, W wh A,, �yp, i4do, Im Rep.0'.p.- dz—g'.' ", p— O -Mdt if ; "'kild pM lrw*slop+ twtq lo,C iSI mk,011�6 V n k "m 'I "o, , ^ PI M AZM' —1 RMVa.W' "'e ems - Notes: m Page 11 993 Proposal: SW 8th St /Task 157 Exhibit PIM7TE unhacm fo powde H&er Hugs for jHar, v, MUM TerwVwory pavornenr nistMrigs ria be Ynu sisfieng rqa p 7,11furuapOwn," Mjfkjv�s bv appp�&d P40TE COOrWrW Ca sLairpw morr parp wnli, prorm'.10 Notes: 11 8, remove -NsfMq vFpllloll tmr ",-umpal nad rfovv rl,)phalt m ATLANTICSOUTHERN 11AVING AW, SDMOATIING inlorth SCOPF. OF WORK MM emsOnlp isphilM & repair hase as needed Flave NOM Type S 4q ,'9 I " 9h ispM2lt Fsep,1i0 er0e,i 'd rock dp 0" Oe,,dmd FOR x aO eelge repaf lounoll. RenmveMe%ace 4' w U" 5wwil* is smown RepOce Mr �.V r,,,a d "ns wne rF s hom, @,s Irasr s n,njrwj layota rovihnn to PBCo Tp, 21 1P. L? If dhWMGpLIIMC pOwNgMsmPq requWpqneld, alld georfmalffiv . 1& Fl,WmaW m0h llhk 4ypP. sd m vrP.pdP.d r)sf revcmWim of afined wom awmbP5 as r1l.,ed RINq,la,. "I'mrw)p qemblf" odr aspha'A 1.11 niaka sdupe cormd ms as ndx,,med for A04 'Iml lfataM IaMp wanfrorg" m,18 shmvff n Page 12 994 Proposal: SW 8th St /Task 157 'OT S 'repropwrary, puwgn cost ownw Rong, Ttorovmplisfft XwoMmys tan be appIked Exhibit i HIOTF , Canualcrao I* provW6 rmerr¢lpogs fat aff gattrs&ms NOTE vcmr,aroiar as 'wbasps MOT,pnlan WOV prmoprml� TASK -XXX SW 8th St 'r,x,,,, i ,,p ]ivs�,Ur A, ui,,,rnfwt? ,(,pilwioll I , e crflopacI "Irl"t Notes: ATLANTICSOUTHERN 11AVING AW, Sb,,IOATIING nort SCOPE OF WORK Mill em";bIng "riAlaft & repir base, a, needeod Pave wilh rype'. 5 -"1 X I if?, T11 'I'SOM � '4epaw eXtE'DO o0CIX NI"A' 6" beyOM Ecoi;P, al all edge aTale I'lox'I'llOVIS Reirruve/Rplaii 4" oir 6" wWwailk as ,hown Rp,Wace slTeev road signs, a hpfe sliawn Re slyspe as peor exhsming Ilayrzut , esmirann to 1,Eka Tp. 21 lur Mai rwoMasbc palwing i WqWte,lllelAi is, AiivrA SpetiriCANins RepOce said with Okc, tW,, &W as nosei for mMorabon M defined mirk �ocaljorffas neerled RepagrrrierOace dam age secOisins, of asphalt paM snake T,,Mpe correbons as nmcatel far ADA and fn";aW lactle wwrowq; mat shmin S"WWCLA & remove exp unij aspfiam Regrade ba , winpaid alid u)nstluct i*w asplliall 0 N. Page 13 995 �J,kiwullrepnsj U,'x,,vr I Roi%f s'. PAM P, 'r,x,,,, i ,,p ]ivs�,Ur A, ui,,,rnfwt? ,(,pilwioll I , e crflopacI "Irl"t Notes: ATLANTICSOUTHERN 11AVING AW, Sb,,IOATIING nort SCOPE OF WORK Mill em";bIng "riAlaft & repir base, a, needeod Pave wilh rype'. 5 -"1 X I if?, T11 'I'SOM � '4epaw eXtE'DO o0CIX NI"A' 6" beyOM Ecoi;P, al all edge aTale I'lox'I'llOVIS Reirruve/Rplaii 4" oir 6" wWwailk as ,hown Rp,Wace slTeev road signs, a hpfe sliawn Re slyspe as peor exhsming Ilayrzut , esmirann to 1,Eka Tp. 21 lur Mai rwoMasbc palwing i WqWte,lllelAi is, AiivrA SpetiriCANins RepOce said with Okc, tW,, &W as nosei for mMorabon M defined mirk �ocaljorffas neerled RepagrrrierOace dam age secOisins, of asphalt paM snake T,,Mpe correbons as nmcatel far ADA and fn";aW lactle wwrowq; mat shmin S"WWCLA & remove exp unij aspfiam Regrade ba , winpaid alid u)nstluct i*w asplliall 0 N. Page 13 995 Proposal: SW 8th St /Task 157 Barcelona ATLANTICSOUTHERN 11AVI G AW, S r4i e ATIIvG Notes: Page 14 996 Proposal: SW 8th St /Task 157 SW 1st Ct ATLANTICSOUTHERN 11AVI G AW, S r4i e ATIIvG Notes: Page 15 997 Price Breakdown: SW 8th St /Task 157 Please find the following breakdown of all services we have provided in this proposal. This proposal originated on March 10, 2023. ATI.ANTICSOUTHERN Item Description Cost 1. MOT $52,830.00 2. Asphalt Walk Path $15,480.00 3. Concrete Sidewalks $50,020.00 4. Landscape Island Installation $131,630.00 5. Full Depth Repairs $37,201.40 6. Mill and Pave $375,282.80 7. Raised Intersection (Barcelona) $42,923.25 8. Raised Intersection (SW 1st CT) $20,237.50 9. Striping $78,642.90 10. Contingency Costs $9,999.50 Total: $814,247.35 Authorization to Proceed & Contract The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed, this document becomes a contract. E&OE We understand that if any additional work is required different than what is stated in this proposal/contract, it must be in a new contract or added to this contract. The parties also acknowledge that the time for performance of the work may be impacted by market conditions beyond contractor's control in which event the contract time shall be extended. Please see all attachments for special conditions that may pertain to aspects of this project This price of this contract is based upon completion of the work within thirty days from the date hereof, thus the price is good for a period of up to 30 days from the date listed herein. If the work is not completed within thirty days, and the contractor experiences price increases for materials in excess of those upon which the price of this contract were based as of the date hereof, the contract price shall be increased by the amount of the documented price increase. Page 16 998 Proposal: SW 8th St /Task 157PAVING AM) SEAOU��OATIING Acceptance ATLANTICSOUTHERN We agree to pay the total sum or balance in full upon completion of this project. No deposit required. Date Carl Frumenti I Project Manager City Of Boynton Beach Public Works 222 NE 9th Ave Boynton Beach, FL 33435 frumentic@bbfl.us C: 561-512-4408 0:561-512-4408 Rich Atzert I Account Manager Atlantic Southern Paving and Sealcoating 6301 West Sunrise Blvd Sunrise, Florida 33313 E: Rich@atlanticsouthernpaving.com C: 954-299-6114 P:954-581-5805 F: 954-581-0465 http://www.atlanticsouthernpaving.com Page 17 999 RESOLUTION NO. RESOLUTION OF a• :• •BEACH,FLORIDA,•« APPROVING N A« AWARD « t 0■ w FOR "ASPHALT i SIDEWALK REHABILITATION", N AUTHORIZE MANAGER 6 TO SIGN CONTRACTS 1 LOWEST RESPONSIVE AND RESPONSIBLEw M ATLANTIC • PAVING • t Yi SEALCOATING, LLC OF SUNRISE, FLORIDA AND ASPHALT 9 MAINTENANCE, 4D/B/A ALL PAVING DELRAY BEACH, 10 FLORIDA!«ASPHALT 1M SIDEWALK *« wY ESTABLISH 11 P PRE -QUALIFIED OF VENDORS AN ESTIMATED ANNUAL EXPENDITURE12 OF 1 1 1 N 1 1 N i AND PROVIDING AN EFFECTIVE DATE.13 WHEREAS,14 15 purpose of • provide asphalt an• sidewalk 16 rehabilitation and associated work on an as needed basis per the specifications and 17 requirements as defined within the bid documents; and 18 WHEREAS, the initial term of the Bid award shall be for three (3) years and by mutual 19 agreement between the City and the awardee(s), may be renewed for two (2) one-year terms.; 20 and 21 WHEREAS, On February 24, 2022, the City opened a total of four (4) proposals to this 22 Bid and in accordance with the terms and conditions of the Bid, the City reserves the right to 23 make multiple awards for this Bid and to award to the vendor(s) whose bid represents the most 24 advantageous bid to the City, price, and other factors considered; and 25 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 26 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 27 approve award of Bid No. PWE22-008 for "Asphalt and Sidewalk Rehabilitation", and authorize 28 the City Manager to sign contracts with the two (2) lowest responsive and responsible bidders, 29 Atlantic Southern Paving and Sealcoating, LLC of Sunrise, Florida and M 8r M Asphalt 30 Maintenance, Inc. d/b/a All County Paving of Delray Beach, Florida for asphalt and sidewalk 31 restoration, to establish a pre -qualified list of vendors with an estimated annual expenditure of 32 $2,000,000.00. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 34 OF BOYNTON REACH, FLORIDA, THAT: S:AC'ARl.sSO\Agreciii ,its wa.i-d Bid and Contract fin Asphalt and sidewalk rehab(2022) Ke;:cr.c'loex _q_ i[1IIT11 35 Section 1., The foregoing "Whereas" clauses are hereby ratified and confirmed 36 as being true and correct and are hereby made a specific part of this Resolution upon 37 adoption, 38 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 39 approves award of Bid No. PWE22-008 for "Asphalt and Sidewalk Rehabilitation", and authorize 40 the City Manager to sign contracts with the two (2) lowest responsive and responsible bidders, 41 Atlantic Southern Paving and Sealcoating, LLC of Sunrise, Florida and M & M Asphalt 42 Maintenance, Inc. d/b/a All County Paving of Delray Beach, Florida for asphalt and sidewalk 43 restoration, to establish a pre -qualified list of vendors with an estimated annual expenditure of 44 $2,000,000.00, copies of the Contracts are attached hereto and incorporated herein as Exhibits 45 "A" and "B" respectively. 46 Section 3. That this Resolution shall becorne effective immediately. 48 CITY OF BOYNTON BEACH, FLORIDA 49 50 Mayor — Ty Penserga 51 Commissioner — Angela Cruz 52 Commissioner — Woodrow L. Hay 53 Commissioner — Thomas Turkin 54 Commissioner — District 4 - Vacant 55 VOTE 56 ATTEST: 57 58 59 Cstat Gibson, MMC 60 City Clerk 61 62 (Corporate Seal) SACA\RES0\Agrmments\Award Bid and Confract f'or Asphaltimd sidewalk rehab(2022) - Reso.docx -2- 1001 �e ;? 62 --- 0 � 7 11 MI AI MI YU—SATL"k�Kfv PAVING AND SEALCOATING, LLC ir 111111!1111� 0 0 rorav:137M 11 T F 0 01"M I . PROJECT DESIGNATION, The Vendor is retained by the City to provide asphalt and sidewalk rehabilitation, on an as -needed basis per specifications. 2. SCOPE OF SERVICES. The vendor agrees to perform road resurfacings, general road cw asphalt pavement., roadway repair, guardrail work, sidewalks, sodding, roadway striping, earthwo construction, and other incidental work associated with asphalt and sidewalk rehabilitation, 1,N c,• throughout the City of Boynton Beach, including the provision of all labor, materials, equipment, a supplies. 1 TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of obo I n1t] ntice y the City tthe Vendor to proceed. The vendopeo r shall rfrm all services and provide :1 wo products required pursuant to this Agreement. TERM. The Initial Agreement period shall be for an initial term of three (3) year, commencing on Aprl# 5, 2022 through April 4, 2025. The City reserves the right to renew the agreement for two (2) one- year renewals subject to vendor acceptance, satisfactory performance as determined by the City, and determination by the City that renewal will be In the best interest of the City, An increase in the cost of less than 2% for each extension may be approved by the City administration and does not require Commission approval, 21 Payment for the work provided by the Vendor shall be made promptly on all invoices submitted to the City property, provided that the total amount of payment to the Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. 4, The Vendor may submit invoices to the City once per month during the progress of the work for partial payment Such invoices wiH be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. C. Final payment of any balance due to the Vendor of the total contract price earned will be made prompty upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d, Payment as provided in this section by the City shall be full compensation for work perfonned, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. eThe Vendors 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 three (3) years after the termination of the Agreement, Copies shall be made available upon request. P'WE22-008 Asphalt and Sidowalk RehabilitaWn C-1 1002 7. COMPLIANCE WITH LAWS, The vendor shall, In performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida, and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement, & INDEMNIFICATION. Vendor shall Indemnify, defend and hold harmless the City, its office's, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, allsing from injury or death to persons, inciuding injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. S. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability Insurance in the amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall Include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and 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 contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee 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, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. 11 #.- I FT , 111111 11i! U1TtTMTJn7= 30776W711 M, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the fuil amount of such fee, commission, percentage, brokerage foe, gift, M r contingent fee, 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed 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 physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. PWE22-We Asphalt and Sidewalk Rehabilitation C-2 1003 • iw. 4 • IM Y. R M iw N i M 15. NON -WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement• oof other provision. 16. TERMINATION. a. The City reserves the right to terminate this Agreement at anytime by giving thirty (30) days" written notice to the Vendor. personnelv, In the event of the death of a member, partner, or officer of the Vendor, or any of its supervisory g «« to the project,of the Vendor herebyagree to complete the work under the terms of this Agreement, If requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City if the City • chooses. jurisdiction17, DISPUTES, Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent Palm Beach County,Florida. • be ;d under Florida M • M a• N. •" # M 4 M M A Lori LaVerriere, City Manager City of Boynton P.O. Box A M • M � Attn: Rich Atzert r MI Sunrise FIL 33313 # •.w aM M 19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations, or agreements written or oral. This agreement r. be amended only by written instrument signed 4, both Y4 g. Mimi 010j;js fit 4 The City is a public agency subject to Chapter 119, Florida Statutes, The Contractor shall comply with Florida's Public Records Law. Specifically, the Contracti. A. Keep N. maintain public#r «Mu `M by the CITY to perform the servim M Upon requestfrom the . .,custodian of public records,provide +"r CITY ith i copy the requested records or allow records o beInspected or copiedwithin a reasonable cost that does not exceed the cost provided In chapter 119, Fla. Stat. or as otherwise provided by law; • . • • � +" M Y • # • ♦ 4 • M .0 4 PW 22-008 Asphalt and Sidewalk Rehabilitation C-3 1004 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 and • pon completionof Mntract, Contractorto the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon•! 4 custodian of public 4.bformat compatible • 4 ! • M systems of E. IF THE CONTRACTOR M REGARDING APPLICATION CHAPTER R FLORIDA "7 y. y. THE RELATINGCONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS CONTRACT, CUSTODIAN O, PUBLIC r RECORDS: w CRYSTAL *� CLERKSON, CITY 100 R r ■ OCEAN * FLORIDA, -OOYNTON BEACH, ■. k } 561-742-6061 r ! . f �4 4. a i) 4 . 4' • M w 4 4.... • • 'M "4 .11 rt AI rightthe bterminate Me contract4seek-twtn MT116OWS• • • ii • • as w.M from time to Contractor of 4 complies with the requirementsofSection 448.095, Florida Statutes. as may be amended from time to time and briefly describe� hereinbelow. DefinitionsbSection: 'Contractor" means a person or entity that has entered or is attempting to enter into a b ..: 4 M M b M 4.b: M" ...:MYb Mb. b M 4•." exchange for a salary, wages, or other remuneration, 'Contractor" includes, but is not RmIted to, a vendoror consultant. remuneration.a contractor or another subcontractor In exchange for a salary, wages, or other PWE22-008 Asphalt and Sidewalk Rehabilitation C-4 111I11.71 'E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. -33MMMI= a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and All persons, (including sub-vendorstsub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach, The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E - Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibilitas amended from time to time. This Includes, but is not limited to registration and utilization of the E-Vertty System to verity the work authorization status of all newly hired employees. The contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract Is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. M& 411240T 2 PWE22-008 Asphalt and Sidewalk Rehabilitation C-5 1006 Ct" an originial signature for all purposes, IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. DATED this --IL day Of 202Z COMA S I j anature), Comp7 y -xil I Print Name ld-Auffiorgad Official Title AftestiAutbenticaced: Witness Print Name Asphalt and Sidewalk Rehabilitation M 1007 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND M & M ASPHALT MAINTENANCE INC., D/B/A ALL COUNTY PAVING THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and M & M ASPHALT MAINTENANCE INC. D/B/A ALL COUNTY PAVING, hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1.. PROJECT DESIGNATION. The Vendor is retained by the City to provide asphalt and sidewalk rehabilitation, on an as -needed basis per specifications, 2. SCOPE OF SERVICES. The vendor agrees to perform road resurfacings, general road construction, asphalt pavement, roadway repair, guardrail work, sidewalks, sodding, roadway striping, earthwork construction, and other incidental work associated with asphalt and sidewalk rehabilitation, located throughout the City of Boynton Beach, including the provision of all labor, materials, equipment, and supplies. 1 TIME FOR PERFORMANCE, Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. The vendor shall perform all services and provide all work products required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of three (3) year, commencing on April 6, 2022 through April 4, 2025. The City reserves the right to renew the agreement for two (2) one- year renewals subject to vendor acceptance, satisfactory performance as determined by the City, and determination by the City that renewal will be in the best interest of the City. An increase in the cost of less than 2% for each extension may be approved by the City administration arid does riot require Commission approval, 5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by the Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to the Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee, b, The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. c. Final payment of any balance due to the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and Its acceptance by the City, d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all rylaterials, supplies, equipment, and incidentals necessary to complete the work. e. The Vendor'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 three (3) years after the termination of the Agreement, Copies Shall be rnade available upon request. PWE22-008 Asphalt and Sidewalk Rehabilitation C-1 .............. ........... . ___ ............... ------ 1008 6OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications, and other materials produced by the Vendor in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with Vendor's endeavors. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agen and employees, from and against any and all claims, losses or liability, or any portion thereof, includi attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease eath o ddge tVenor's own employees, or amage to property occasioned by a neglint act, omission failure of the Vendor. I N w 9WR7 I - *r, 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, 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed 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 physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13 ASSIGNMENT, The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City, P'WE22-008 Asphalt and Sidewalk Rehabilitation C-2 1009 14. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as a result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to it and resulting award, 15. NON -WAIVER, Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision, 16. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days'wriften notice to the Vendor. bIn the event of the death of a member, partner, or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City if the City so chooses. 17. DISPUTES, Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida, This Agreement shall be construed under Florida Law, 18. NOTICES, Notices to the City of Boynton Beach shall be sent to the following address: Lod LaVerriere, City Manager City of Boynton Beach P.O. Box 310 %oynton Beach, FL 33425-0310 IINTEGRATED AGREEMENT, This agreement, together with attachments or addenda, represents t entire and integrated agreement between the City and the Firm and supersedes all prior negotiatio representations, or agreements written or r.:al, This agreement may be amended only by writt instrument signed by both City and Firm. 90. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exem from public records disclosure until thirty (30) days after the opening of the Bid unless the C' announces intent to award sooner, in accordance with Florida Statutes 1 1907 The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply wi t n1i Florida's Public Records Law. Specifically, the Contractor shall: 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 tv, requested records or allow the records to be inspected or copied within a reasonable time at a co that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by la PWE22-008 Asphalt and Sidewalk RehaNitation C-3 i F 1111 E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN "E. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US Activities iA tXia lr,?.A. Petr*+qum, EAgrgy Sq,0,*r List, *r:�2s GitiMmetotir *ee6 eeol2ge-ii. iii% livsiAess qotrati*,,K� in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of fill Mull I to 1313F UFF MUM fit F1171 Mn me Mil sn the right to terminate the contract and seek civil remedies pursuant to Section 287,135, Florida Statutes, as amended from firne to time. WN91FYI ."M 221 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to tirne and briefly described hereinbelow. 1) Definitions for this Section: LW PlUTUIUC W zW11T1L;Vzi VW big• exchange for a salary, wages, or other rernuner�ti' on. Contractor" includes, but is not limited to, a vendor or consultant, PWE22-008 Asphaft and Sidewalk Rehatiflitation C-4 1011 "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. The contractor shall register for and utilize the U.S. Department of Homeland Securlt)(s E -Verify System to verify the employment eligibility of: FIWE212-008 Asphalt and Sidewalk Rehabilitation C-5 1012 rro kahviff 11;fff M WW1 EjAmawwww' t•'r -f A;'.%-0Pr Apgr IMP an original signature for all purposes, IN WITNESS WHEREOF, the parties have hereunto set their hands and seats on the day and year set forth below their respeGtive signatures, DATED this —IL day of 2022, �V I • X Attested/Authenticated° -r L, Crystal totusq City Clerk 'P I Itle Attest/Authenticate& Witne - A Print Name PWE22-008 Asphalt and Sidewalk Rehabifilation C-6 T 1013 Citi qj'Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of alt contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted," Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher, (NOTE, An insurance contract or binder may be accepted asprooJ'of insurance if Certifloole isprovieled upon selection qj'vendor) The following is a list of types of insurance required of contractors, lessees, etc,, and the limits required by the City: (NOTE This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lovver the stated limits, based upon Identified risk,) JIU (Occurrence Based Only) MINIMUM LIMITS RE01,11RED General Liability General Aggregate S 1,000,000m Commercial General Liability Products-Comp/Op Agg, S 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv, Injury $ 1'000,000m Asbestos Abatement Each Occurrence S l'000,000o) Lead Abatement Fire Damage (any one fire) $ 50,0o01.00 Broad Form Vendors Mcd. Expcnse (any one person) S 5,0()0.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Noo-Owned Autos Excess Liability Umbrella Form --------------------------------- — ----------------- Worker's Compensation Statutory Limits F.mployces Liability Property: Homeowners Revocable Perran Builder's Risk Installation Floater Other - As Risk Identified INSURANCEADMORYFORM to be determined Revised 04/2021 .................................... ...... ............ ..... . — -------------- Aggregate - S 1,000,000,00 Combined Single Limit Each Occurrence Aggregate Each Accident Disease, Policy Limit Disease Each Employee ---- —.1------- -------------- Insurance Advisory Form --- ----------------------- $ 1,000,000.00 -- - ----- ------ ----------- to be determined to be determined ---- ----------------------- $ 1,000,000 00 S 1,000,000.00 $ 1,0()0,000.00 S 300,000.00 Limns based on Project Cost Limits based on Project Cost 1014 7.0 Consent Bids and Purchases over $100,000 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Purchase of Sodium Hypochlorite using Southeast Florida Governmental Purchasing Cooperative Group Bid No. 139. Requested Action: Approve the purchase in the amount of $621,000 for sodium hypochlorite from Allied Universal Corp. using a piggyback of the Southeast Florida Governmental Purchasing Cooperative Group Bid No. 139 which expires August 31, 2025. Explanation of Request: Contract Period: September 1, 2023 — August 31, 2025 with option of two, one-year renewals. The Utility utilizes sodium hypochlorite at the East and West Water Treatment Plants to disinfect drinking water in accordance with the Safe Drinking Water Act. The Utilities Department would like to piggyback the Southeast Florida Governmental Purchasing Cooperative Group Bid No. 139 to obtain sodium hypochlorite for the water treatment process. The Southeast Florida Governmental Purchasing Cooperative Group contract meets the City of Boynton Beach procurement requirements. How will this affect city programs or services? This product is necessary to disinfect drinking water at the water treatment plants. Fiscal Impact: This fiscal impact is $621,000 annually using the public water treatment budget for chlorine. The bid amount is higher than the budgeted amount. Attachments: exhibit-1-solicitation.pdf exhibit-2-bid-tabulation.pdf award -cover -sheet -1692825052188. pdf commission-agenda-memo-23-0653.pdf contract -award -event -139 -sod i u m -hypochlorite -co-op. pdf 1015 Event # 139-0 Name: Sodium Hypochlorite (Co -Op) Description: The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced, and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium hypochlorite for the City, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (IFB). This is a cooperative IFB issued by the City of Fort Lauderdale on behalf of the Southeast Florida Governmental Cooperative Purchasing Group. This is an initial two (2) year contract with two, one (1) year renewal terms. Buyer: Mohammed, Stefan Event Type: IFB Status: Pending Award Currency: USD Sealed Bid: Yes Respond To All Lines: No Q &A Allowed: Yes Number Of Amendments: 0 Display Bid Tabulation: Display When Event Closed For Bidding Or Canceled Event Dates Question Preview: Open: 06/22/2023 03:00:00 PM Close: 07/06/2023 02:00:00 PM Questions Q & A Open: 06/22/2023 04:00:00 PM Q & A Close: 07/05/2023 05:00:00 PM Dispute Close: Response Type Attachment Did you complete all the required forms? Yes No Text Event 139- Sodium hypochlorite questions.pdf Name 1. General Conditions - Rev 10-2022.pdf Event 139- Sodium Hypochlorite.pdf �u llly 11, 1023 9!49,,159 AM I:::IC I Attachments Attachment 1. General Conditions - Rev 10-2022.pdf Event 139- Sodium Hypochlorite.pdf Page I CAM 23-0653 1016 Exhibit 1 Page 1 of 28 Event # 139-0: Sodium Hypochlorite (Co -Op) Name Stefan Mohammed Commodity Code 190-68 505-25 885-84 Contacts Email Address SMohammed@fortlauderdale.gov Commodity Codes Description Oxidizing and Bleaching Agents Chlorine and Peroxygen Bleaches Sodium Hydroxide Line Details Line 1: Sodium hypochlorite- Tanker Load Description: Sodium hypochlorite- Tanker Load Sodium hypochlorite- Tanker Load Long Item City of Fort Lauderdale anticipated usage: 340,000 gallons over 2 years. Description: Based on past usage, the co-op anticipates usage of 9,214,000 gallons for the two year contract. However past usage is not indicative of future usage. Commodity 885-84 Sodium Hydroxide Code: Quantity: 340,000-0000 Require No Response: Add On No Charges Allowed: Unit of GA Measure: Price Breaks No Allowed: Line 2: Sodium hypochlorite- Less than tanker load Allow Alternate No Responses: �ullly 11, 1023 9'!49!,!`.r9,£ M I: IDI Page 2 CAM 23-0653 1017 Exhibit 1 Page 2 of 28 Event # 139-0: Sodium Hypochlorite (Co -Op) Description: Sodium hypochlorite- Less than tanker load Sodium hypochlorite- Less than tanker load Long Item Based on past usage, the Co-op anticipates usage of 356,000 gallons for a two year term, however past usage is Description: not indicative of future usage. Commodity 190-68 Code: Quantity: 1.0000 Require No Response: Add On No Charges Allowed: Oxidizing and Bleaching Agents Unit of GA Measure: Price Breaks No Allowed: Allow Alternate No Responses: �ullly 11, 1023 9'!49!,159 AM I: IDI Page 3 CAM 23-0653 1018 Exhibit 1 Page 3 of 28 City of Fort Lauderdale Sodium Hypochlorite (Co -Op) IFB# Event 139 SECTION I — INTRODUCTION AND INFORMATION 1.1 Purpose The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced, and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium hypochlorite for the City, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (IFB). This is a cooperative IFB issued by the City of Fort Lauderdale on behalf of the Southeast Florida Governmental Cooperative Purchasing Group and the participating agencies referenced below. 1.2 Point of Contact For information concerning procedures for responding to this solicitation, contact Procurement Specialist, Stefan Mohammed, at (954) 828-5351or email at SmohammedC&-fortlauderdale.gov. Such contact shall be for clarification purposes only. For information concerning technical specifications, please utilize the question / answer feature provided by the City's on-line strategic sourcing platform. Questions of a material nature must be received prior to the cut-off date specified in the ITB schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. Bidders please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in the City's on- line strategic sourcing platform shall become part of any contract that is created from this ITB. 1.3 Pre-bid Conference and/or Site Visit There will not be a pre-bid conference or site visit for this ITB. It will be the sole responsibility of the Bidder to become familiar with the scope of the City's requirements and systems prior to submitting a bid. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Bidder has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. 1.4 CITY'S ON-LINE STRATEGIC SOURCING PLATFORM The City of Fort Lauderdale uses its own on-line strategic sourcing platform to administer the competitive solicitation process, including but not limited to soliciting bids, issuing addenda, posting results, and issuing notification of an intended decision. There is no charge to register and download the ITB from the City's on-line strategic sourcing platform. Bidders are strongly encouraged to read the supplier tutorials available in the City's on-line strategic sourcing platform well in advance of their intention of submitting a bid to ensure familiarity with the use of the City's on-line strategic sourcing platform. The City shall not be responsible for a Bidder's inability to submit a Bid by the end date and time for any reason, including issues arising from the use of the City's on-line strategic sourcing platform. It is the sole responsibility of the Bidder to ensure that their bid is submitted electronically through the City's on-line strategic sourcing platform no later than the time and date specified in Version 11-2022 CAM 23-0653 1019 Exhibit 1 Page 4 of 28 this solicitation. PAPER BID SUBMITTALS WILL NOT BE ACCEPTED. BIDS MUST BE SUBMITTED ELECTRONICALLY VIA the City's on-line strategic sourcing platform. IN THE EVENT OF ANY CONFLICT OR DISCREPANCY BETWEEN BID/PROPOSAL PRICE(S) SUBMITTED BY BIDDER/PROPOSER ELECTRONICALLY INTO THE CITY'S ON-LINE STRATEGIC SOURCING PLATFORM UNIT PRICE FIELD(S), ANY OTHER FORMS OR ATTACHMENTS (WHETHER PART OF THE CITY'S SOLICITATION DOCUMENTS OR DOCUMENTS CREATED AND UPLOADED BY THE BIDDER/PROPOSER), OR ANOTHER SECTION/FIELD OF THE SYSTEM, THE ONLINE UNIT PRICE(S) INPUTTED ELECTRONICALLY INTO THE SYSTEM BY BIDDER/PROPOSER SHALL GOVERN. 1.5 Electronic Bid Openings Please be advised that effective immediately, and until further notice, all Invitation to Bids, Request for Proposals, Request for Qualifications, and other solicitations led by the City of Fort Lauderdale will be opened electronically via the City's on-line strategic sourcing platform at the date and time indicated on the solicitation. All openings will be held on the City's on-line strategic sourcing platform. Anyone requesting assistance or having further inquiry in this matter must contact the Procurement Specialist indicated on the solicitation, via the Question -and -Answer forum on the City's on-line strategic sourcing platform before the Last Day for Questions indicated in the Solicitation. END OF SECTION Version 11/2022 CAM 23-0653 1020 Exhibit 1 Page 5 of 28 SECTION II - SPECIAL TERMS AND CONDITIONS 2.1 General Conditions ITB General Conditions (Form G-107, Rev. 09/22) are included and made a part of this ITB. 2.2 Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Procurement Specialist utilizing the question / answer feature provided by the City's on-line strategic sourcing platform and request modification or clarification of any ambiguity, conflict, discrepancy, omission, or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question / answer feature provided by the City's on-line strategic sourcing platform and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by official written addendum issued by the City and uploaded to the City's on-line strategic sourcing platform as a separate addendum to the ITB. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents, and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 2.3 Changes and Alterations Bidder may change or withdraw a Bid at any time prior to Bid submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the Bid deadline. 2.4 Bidder's Costs The City shall not be liable for any costs incurred by Bidders in responding to this ITB. 2.5 Pricing/Delivery Delivery is required within two business days after receipt of purchase order. Failure to meet this delivery date may be deemed as non-responsive. All deliveries are to be shipped F.O.B. Destination, Freight included. Failure to provide costs as requested in this ITB may deem your bid non-responsive. All work is to be performed during normal working hours unless requested otherwise by the participating agency. Contractor must provide name and contact information as references for facilities that have been provided the same or similar products and service. Each participating agency may have special delivery instructions that they shall address on an individual basis. 2.6 Price Validity Prices provided in this Invitation to bid (ITB) shall be valid for at least One -Hundred and Twenty (120) days from time of ITB opening unless otherwise extended and agreed upon by the City and Bidder. The City shall award contract within this time period or shall request to the recommended awarded vendor an extension to hold pricing, until products/services have been awarded. Version 11/2022 CAM 23-0653 1021 Exhibit 1 Page 6 of 28 2.7 Invoices/Payment Payment terms will be considered to be net 45 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last, in accordance with the Florida Local Government Prompt Payment Act. Bidder may offer cash discounts for prompt payment, but they will not be considered in determination of award. 2.8 Related Expenses/Travel Expenses All costs including travel are to be included in your bid. The City will not accept any additional costs. 2.9 Payment Method The City of Fort Lauderdale has implemented a Procurement Card (P -Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks to be printed and mailed. Payments will be made utilizing the City's P -Card (MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card payment or take whatever steps necessary to implement acceptance of a credit card before the commencement of a contract. See Contract Payment Method form attached. 2.10 Mistakes The Bidder shall examine this ITB carefully. The submission of a bid shall be prima facie evidence that the Bidder has full knowledge of the scope, nature, and quality of the work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed. Ignorance of the requirements will not relieve the Bidder from liability and obligations under the Contract. 2.11 Acceptance of Bids / Minor Irregularities 2.11.1 The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variances to specifications contained in bids which do not make the bid conditional in nature and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract or does not give a bidder an advantage or benefit not enjoyed by other bidders, does not adversely impact the interests of other firms, or does not affect the fundamental fairness of the solicitation process. The City also reserves the right to reissue an ITB. 2.11.2 The City reserves the right to disqualify Bidder during any phase of the competitive solicitation process and terminate for cause any resulting contract upon evidence of collusion with intent to defraud or other illegal practices on the part of the Bidder. 2.12 Modification of Services 2.12.1 While this contract is for services provided to the department referenced in this ITB, the City may require similar work for other City departments. Successful Bidder agrees to take on such work unless such work would not be considered reasonable or become an undue burden to the Successful Bidder. 2.12.2 The City reserves the right to delete any portion of the work at any time without cause, and if such right is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work deleted bears to the estimated cost of the work originally planned. If work has already been accomplished and approved by the City on any portion of a contract resulting from this ITB, the Successful Bidder shall be paid for the work Version 11/2022 CAM 23-0653 1022 Exhibit 1 Page 7 of 28 completed on the basis of the estimated percentage of completion of such portion to the total project cost. 2.12.3 The City may require additional items or services of a similar nature, but not specifically listed in the contract. The Successful Bidder agrees to provide such items or services and shall provide the City prices on such additional items or services. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items or services from other vendors, or to cancel the contract upon giving the Successful Bidder thirty (30) days written notice. 2.12.4 If the Successful Bidder and the City agree on modifications or revisions to the task elements, after the City has approved work to begin on a particular task or project, and a budget has been established for that task or project, the Successful Bidder will submit a revised budget to the City for approval prior to proceeding with the work. 2.13 Non -Exclusive Contract Bidder agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City's sole option. 2.14 Sample Contract Agreement A sample of the formal agreement template, which may be required to be executed by the awarded vendor can be found at our website: https://www.fortlauderdale.gov/home/showdocument?id=1212 2.15 Responsiveness In order to be considered responsive to the solicitation, the firm's bid shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance. 2.16 Responsibility In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 2.17 Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Bidder must demonstrate that they have successfully completed services, as specified in the Technical Specifications / Scope of Services section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed to perform such work. In addition, the Bidder must have no conflict of interest with regard to any other work performed by the Bidder for the City of Fort Lauderdale. 2.17.1 Firm or principals shall have no record of judgments, pending lawsuits against the City or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the City Commission. 2.17.2 Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. Version 11/2022 CAM 23-0653 1023 Exhibit 1 Page 8 of 28 2.18 Lobbying Activities ALL CONTRACTORS PLEASE NOTE: Any contractor submitting a response to this solicitation must comply, if applicable, with City of Fort Lauderdale Ordinance No. C-11-42 & Resolution No. 07-101, Lobbying Activities. Copies of Ordinance No. C-11-42 and Resolution No. 07-101 may be obtained from the City Clerk's Office on the 7th Floor of City Hall, 100 N. Andrews Avenue, Fort Lauderdale, Florida. The ordinance may also be viewed on the City's website at http://www.fortlauderdale.gov/home/showdocument?id=6036. 2.19 Local Business Preference — N/A 2.20 Disadvantaged Business Enterprise Preference — N/A 2.21 Protest Procedure 2.21.1 Any Bidder who is not recommended for award of a contract and who alleges a failure by the city to follow the city's procurement ordinance or any applicable law, may follow the protest procedure as found in the city's procurement ordinance within five (5) days after a notice of intent to award is posted on the city's web site at the following link. https://www.fortlauderdale.gov/government/departments-a-h/finance/procurement- services/notices-of-intent-to-award 2.21.2 The complete protest ordinance may be found on the city's web site at the following link: https://Iibrary.municode.com/fl/fort lauderdale/codes/code of ordinances?nodeld=COO R CH2AD ARTVFI DIV2PR S2-182DIREPRAWINAW 2.22 Public Entity Crimes Bidder, by submitting a bid, certifies that neither the Bidder nor any of the Bidder's principals has been placed on the convicted vendor list as defined in Section 287.133, Florida Statutes (2018), as may be amended or revised. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 2.23 Subcontractors 2.23.1 If the Contractor proposes to use subcontractors in the course of providing these services to the City, this information shall be a part of the bid/proposal response. Such information shall be subject to review, acceptance, and approval of the City, prior to any contract award. The City reserves the right to approve or disapprove of any subcontractor candidate in its best interest and to require Contractor to replace subcontractor with one that meets City approval. 2.23.2 Contractor shall ensure that all of Contractor's subcontractors perform in accordance with the terms and conditions of this Contract. Contractor shall be fully responsible for all of Contractor's subcontractors' performance, and liable for any of Contractor's subcontractors' non-performance and all of Contractor's subcontractors' acts and omissions. Contractor shall defend, at Contractor's expense, counsel being subject to the City's approval or Version 11/2022 CAM 23-0653 1024 Exhibit 1 Page 9 of 28 disapproval, and indemnify and hold harmless the City and the City's officers, employees, and agents from and against any claim, lawsuit, third -party action, or judgment, including any award of attorney fees and any award of costs, by or in favor of any Contractor's subcontractors for payment for work performed for the City. 2.23.3 Contractor shall require all its subcontractors to provide the required insurance coverage as well as any other coverage that the contractor may consider necessary, and any deficiency in the coverage or policy limits of said subcontractors will be the sole responsibility of the contractor. 2.24 Bid Security — N/A 2.25 Payment and Performance Bond — N/A 2.26 Insurance Requirements 2.26.1 As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or extension term of this Agreement, the Contractor, at its sole expense, shall provide insurance of such types and with such terms and limits as noted below. Providing proof of and maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor's insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under this Agreement. All insurance policies shall be through insurers authorized or eligible to write policies in the State of Florida and possess an A.M. Best rating of A-, VII or better, subject to approval by the City's Risk Manager. 2.26.2 The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and/or endorsements shall in no way be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposures, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City's review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. 2.26.3 The following insurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury • $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations Policy must include coverage for contractual liability and independent contractors. The City, a Florida municipal corporation, its officials, employees, and volunteers are to be covered as an additional insured with a CG 20 26 04 13 Additional Insured — Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City, its officials, employees, and volunteers. Version 11/2022 CAM 23-0653 1025 Exhibit 1 Page 10 of 28 Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non -Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any person or entity performing work for or on behalf of the City must provide Workers' Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk Manager, if they are in accordance with Florida Statute. The Contractor waives, and the Contractor shall ensure that the Contractor's insurance carrier waives, all subrogation rights against the City, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent. The Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act and the Jones Act, if applicable. 2.26.4 Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than ten (10) days prior to the start of work contemplated in this Agreement. b. The Contractor shall provide to the City a Certificate of Insurance having a thirty (30) day notice of cancellation; ten (10) days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. Version 11/2022 d. In the event the Agreement term or any surviving obligation of the Contractor following expiration or early termination of the Agreement goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Agreement until this requirement is met. e. The Certificate of Insurance shall indicate whether coverage is provided under a claims -made or occurrence form. If any coverage is provided on a claims -made form, the Certificate of Insurance must show a retroactive date, which shall be the effective date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The title of the Agreement, Bid/Proposal/Contract number, event dates, or other identifying reference must be listed on the Certificate of Insurance. CAM 23-0653 1026 Exhibit 1 Page 11 of 28 The Certificate Holder should read as follows: City of Fort Lauderdale Procurement Services Division 100 N. Andrews Avenue, Suite 619 Fort Lauderdale, FL 33301 2.26.5 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co- insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. 2.26.6 If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Agreement, the Contractor may provide evidence of an Umbrella/Excess insurance policy to comply with this requirement. 2.26.7 The Contractor's insurance coverage shall be primary insurance as respects to the City, a Florida municipal corporation, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, a Florida municipal corporation, its officials, employees, or volunteers shall be non-contributory. 2.26.8 Any exclusion or provision in any insurance policy maintained by the Contractor that excludes coverage required in this Agreement shall be deemed unacceptable and shall be considered breach of contract. 2.26.9 All required insurance policies must be maintained until the contract work has been accepted by the City, or until this Agreement is terminated, whichever is later. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide to the City confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Agreement. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. 2.26.10 The Contractor shall provide notice of any and all claims, accidents, and any other occurrences associated with this Agreement shall be provided to the Contractor's insurance company or companies and the City's Risk Management office as soon as practical. 2.26.11 It is the Contractor's responsibility to ensure that any and all of the Contractor's independent contractors and subcontractors comply with these insurance requirements. All coverages for independent contractors and subcontractors shall be subject to all of the applicable requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. Version 11/2022 SPECIALIZED COVERAGES Pollution and Remediation Legal Liability (Hazardous Materials For the purpose of this section, the term "hazardous materials" includes all materials and substances that are designated or defined as hazardous by Florida or federal law or by the rules or regulations of Florida or any federal agency. If work being performed involves hazardous materials, the Contractor shall procure and maintain any or all of the following coverage, which will be specifically addressed upon review of exposure. CAM 23-0653 1 027 Exhibit 1 Page 12 of 28 Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Agreement, including but not limited to, all hazardous materials identified under the Agreement. Hazardous Waste Transportation Coverage The Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability insurance with Endorsement MCS90 for liability arising out of the transportation of hazardous materials in an amount not less than $1,000,000 per claim limit and provide a valid EPA identification number. 2.27 Insurance — Sub -Contractors Contractor shall require all its Sub -Contractors to provide the aforementioned coverage as well as any other coverage that the Contractor may consider necessary, and any deficiency in the coverage or policy limits of said Sub -Contractors will be the sole responsibility of the Contractor. 2.28 Insurance for Collection of Credit Card Payments The successful Contractor will need to provide proof that they maintain insurance coverage in an amount of not less than $1,000,000 specifically for cyber related crimes relating to the transmission of credit card information over their website that can include but are not limited to criminal activity involving the information technology infrastructure, including illegal access (unauthorized access), illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID theft), and electronic fraud. 2.29 Award of Contract Contractor must bid on all items. Partial bids will not be considered. The City also reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. A Contract (the "Agreement") may be awarded by the City Commission. The City reserves the right to execute or not execute, as applicable, a contract with the Bidder(s) that is determined to be in the City's best interests. The City reserves the right to award a contract to more than one Bidder, at the sole and absolute discretion of the in the City. 2.30 Damage to Public or Private Property Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems, vehicles, etc. on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the City. 2.31 Safety The Contractor(s) shall adhere to the Florida Department of Transportation's Uniform manual on Traffic Control for construction and maintenance work zones when working on or near a Version 11/2022 CAM 23-0653 1028 Exhibit 1 Page 13 of 28 roadway. It will be the sole responsibility of the Contractor to make themselves and their employees fully aware of these provisions, especially those applicable to safety. 2.32 Uncontrollable Circumstances ("Force Majeure") The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: 2.32.1 The non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; 2.32.2 The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 2.32.3 No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and 2.32.4 The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 2.33 Canadian Companies In the event Contractor is a corporation organized under the laws of any province of Canada or is a Canadian federal corporation, the City may enforce in the United States of America or in Canada or in both countries a judgment entered against the Contractor. The Contractor waives any and all defenses to the City's enforcement in Canada, of a judgment entered by a court in the United States of America. All monetary amounts set forth in this Contract are in United States dollars. 2.34 News Releases/Publicity News releases, publicity releases, or advertisements relating to this contract, or the tasks or projects associated with the project shall not be made without prior City approval. 2.35 Approved Equal or Alternative Product Bids — N/A Manufacturer/Brand/Model Specific Request This is a manufacturer/brand/model specification. No substitutions will be allowed. 2.36 Contract Period The initial contract term shall commence upon the date of award by the City and shall expire two years from that date. The City reserves the right to extend the contract for two, additional one year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. Version 11/2022 CAM 23-0653 1029 Exhibit 1 Page 14 of 28 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 270 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 2.37 COST ADJUSTMENTS (Fixed Price with Economic Price Adjustment: Escalator/De- escalator)- The prices offered shall be firm and fixed price for the initial contract term of two years. The City, at its sole discretion, may conduct industry or market research to determine whether economic/market conditions support an increase or decrease price adjustment during the renewal term of the contract. Such adjustment, as determined by the City, shall be based on the latest yearly percentage increase or decrease in the All -Urban Consumers Price Index (CPI -U) as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%). The yearly increase or decrease in the CPI shall be the latest Index published and available for the calendar year ending 12/31, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. The City's designated Senior Procurement Specialist/Procurement Specialist will fully document its economic/market analysis to support its recommendation to make a price adjustment upward or downward to the contract. The Chief Procurement Officer may, after reviewing the recommendation, refuse to accept the adjusted costs if they are excessive, or if decreases are considered insufficient. The City's price adjustment determination will be communicated to the supplier at least ninety (90) days prior to the contract anniversary date of contract renewal. If said communication is not received by the supplier by the above stated timeframe, it shall be construed that no price adjustment will occur during the renewal period. Any approved cost adjustments shall become effective on the beginning date of the approved contract renewal period. 2.38 Service Test Period If the Contractor has not previously performed the services to the city, the City reserves the right to require a test period to determine if the Contractor can perform in accordance with the requirements of the contact, and to the City's satisfaction. Such test period can be from thirty to ninety days, and will be conducted under all specifications, terms and conditions contained in the contract. This trial period will then become part of the initial contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the City's decision to continue with the Contractor or to select another Contractor (if applicable). 2.39 Contract Coordinator The City may designate a Contract Coordinator whose principal duties shall be: • Liaison with Contractor. • Coordinate and approve all work under the contract. • Resolve any disputes. • Assure consistency and quality of Contractor's performance. • Schedule and conduct Contractor performance evaluations and document findings. • Review and approve for payment all invoices for work performed or items delivered. Version 11/2022 CAM 23-0653 1030 Exhibit 1 Page 15 of 28 2.40 Contractor Performance Reviews and Ratings The City Contract Coordinator may develop a Contractor performance evaluation report. This report shall be used to periodically review and rate the Contractor's performance under the contract with performance rating as follows: Excellent Far exceeds requirements. Good Exceeds requirements Fair Just meets requirements. Poor Does not meet all requirements and contractor is subject to penalty provisions under the contact. Non-compliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the Contractor subject to the default or cancellation for cause provisions of the contract. The report shall also list all discrepancies found during the review period. The Contractor shall be provided with a copy of the report and may respond in writing if he takes exception to the report or wishes to comment on the report. Contractor performance reviews and subsequent reports will be used in determining the suitability of contract extension. 2.41 Substitution of Personnel — N/A 2.42 Ownership of Work — N/A 2.43 Condition of Trade -In Equipment — N/A 2.44 Conditions of Trade -In Shipment and Purchase Payment — N/A 2.45 Verification of Employment Status Any Contractor/Consultant assigned to perform responsibilities under its contract with a State agency is required to utilize the US Department of Homeland Security's E -Verify system (per Executive Order Number 11-02) to verify the employment eligibility of: (a) all persons employed during the contract term by the Contractor to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the Contractor to perform work pursuant to the contract with the State agency. E -VERIFY Affirmation Statement must be completed and submitted with Bidder's response to this ITB. 2.46 Service Organization Controls The Contactor should provide a current SSAE 18, SOC 2, Type I report with their bid. Awarded Contractor will be required to provide an SSAE 18, SOC 2, Type II report annually during the term of this contract. If the Contractor cannot provide the SSAE 18, SOC 2, Type I report at time of bid submittal, a current SOC 3 report will be accepted. 2.47 Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 2.48 Rules and Submittals of Bids The signer of the bid must declare that the only person(s), company or parties interested in the bid as principals are named therein; that the bid is made without collusion with any other person(s), company Version 11/2022 CAM 23-0653 1031 Exhibit 1 Page 16 of 28 or parties submitting a bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the bid has full authority to bind the principal bidder. 2.49 Bid Tabulations/Intent to Award Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation process may be found at: https://www.fortlauderdale.gov/aovernment/departments-a-h/finance/procurement- services/notices-of-intent-to-award. Tabulations of receipt of those parties responding to a formal solicitation may be found at: https://www.fortlauderdale.gov/government/departments-a- h/fi nance/procu re me nt-services/b id- results, or any interested party may call the Procurement Services Division at 954-828-5933. 2.50 Public Records All bids will become the property of the City. The Bidder's response to the ITB is a public record pursuant to Florida law, which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public Records Law"). The City shall permit public access to all documents, papers, letters, or other material submitted in connection with this ITB and any resulting Contract to be executed for this ITB, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any language contained in the Bidder's response to the ITB purporting to require confidentiality of any portion of the Bidder's response to the ITB, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 ("Public Records Laws"), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's response to the ITB constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the city and the city's officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the city's treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT PRRCONTRACT(&-FORTLAUDERDALE.GOV, 954-828-5002, CITY CLERK'S OFFICE, 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301. Contractor shall: 1. Keep and maintain public records required by the City in order to perform the service. 2. Upon request from 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, Florida Statutes (2022), as may be amended or revised, or as otherwise provided by law. Version 11/2022 CAM 23-0653 1032 Exhibit 1 Page 17 of 28 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if the Contractor does not transfer the records to the City. 4. Upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of this Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of this Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically 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. 2.51 PCI (Payment Card Industry) Compliance Contractor agrees to comply with all applicable state, federal and international laws, as well as industry best practices, governing the collection, access, use, disclosure, safeguarding and destruction of protected information. Contractor and/or any subcontractor that handles credit card data must be, and remain, PCI compliant under the current standards and will provide documentation confirming compliance upon request by the City of Fort Lauderdale, failure to produce documentation could result in termination of the contract. END OF SECTION Version 11/2022 CAM 23-0653 1033 Exhibit 1 Page 18 of 28 SECTION III - TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES 1. SCOPE The City of Fort Lauderdale, as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (Co -OP) is requesting bids to provide a firm fixed price for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads as specified herein. 2. SPECIFICATIONS AND REQUIREMENTS Product specifications'(as per ANSI/AWWA B300 standard for Hypochlorite latest revision): • Trade name: Hypochlorite Solution, Bleach • Chemical formula: NaOCI • Specific gravity: at 20C -U -1,2 • Molecular weight 7 4.5 • Appearance: Light -yellow to green clear liquid solution Solubility in water: Complete • Freezing Temperature: minus 7C to minus 10C 12% Solution Strength and pH range of 11 to 13 3. Standards Hypochlorite supplied under this contract shall be tested and certified as meeting these specifications and those of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects, It is the responsibility of the Contractor to inform the participating agency that NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification may constitute sufficient grounds for immediate termination of the contract between the participating agency and the Contractor. Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter (GPL) available chlorine (i.e., 12.0 Trade Percent). Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.45 weight percent sodium hydroxide. Sampling and testing shall be in accordance with EPA and AWWA B300 standards and NSF certification must be provided with every delivery. 4. Clean Tank Guarantee At any time during the performance of this Agreement, if any participating agency has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the participating agency within seven (7) days, unless such timeframe is extended by the participating agency. The cleanout should be done in such a manner so that it is done safely with no Joss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the participating agency for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity buildup in the tanks will be at Version 11/2022 CAM 23-0653 1034 Exhibit 1 Page 19 of 28 the sole discretion of the participating agency. When the tank has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium hypochlorite at no cost to the participating agency. Failure of the Contractor to clean out the tank and replace the sodium hypochlorite within seven (7) days after being served notice (or within any extension of this timeframe specified by the participating agency) shall be cause for immediate termination of the sodium hypochlorite supply Agreement between the participating agency and the Contractor. 5. DELIVERY LOCATIONS, SIZE OF TANKS AND ESTIMATED ANNUAL USAGE FOR EACH PARTICIPATING AGENCY. 6. SODIUM HYPOCHLORITE- TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR 4,607,000 Two-year Co-op estimated usage: 9,214,000 gallons. SODIUM HYPOCHLORITE- LESS THAN A TANKER LOAD- TOTAL ESTIMATED GALLONS PER YEAR: 178,000 Two-year Co -Op estimated usage: 356,000 gallons. Version 11/2022 CAM 23-0653 1035 Exhibit 1 Page 20 of 28 Number Estimated Agency/ Delivery Location of Tank Size (Gal) Annual Usage Special Note Tanks Gallons City of Fort Lauderdale 3 11,459 170,000 1500 South State Road 7 Fort Lauderdale, FL 33317 City of Cooper City 4 3,000 58,000 11791 SW 49 Street Cooper City, FL 33330 City of Coral Springs 2 8,000 200,000 2" male, plastic Cam - 3800 NW 85th Avenue lock tank fitting Coral Springs, FL 33065 City of Dania Beach 3 1,500 55,000 Plastic cam lock tank 1201 Stirling Road (LTFL) fitting Dania Beach, FL 33004 Coral Springs Improvement 3 5,925 106,000 2" cam lock female tank District fitting. 10300 NW 11th Manor Coral Springs, FL 33071 Requires full safety gear when offloading chemicals. Broward County Water and Wastewater Services Version 11/2022 CAM 23-0653 1035 Exhibit 1 Page 20 of 28 3701 North State Road 7 4 7,300 400,000 2" (poly) cam lock tank Lauderdale Lakes, FL 33316 fitting 3598 West Prospect Road 2 450 12,000 Fort Lauderdale, FL 33309 (LTFL) Partial loads to stations 3901 NW 66th Street 2 250 Fort Lauderdale, FL 300 NW 66th Street 2 450 Fort Lauderdale, FL 33309 1390 NE 50th Street 6 14,000 800,000 Pompano Beach, FL 33064 4980 SW 40th Avenue 2 500 Dania Beach, FL 33312 60,000(LTFL) These will be 4550 SW 38th Street 1 350 West Park, FL 33023 partial loads to stations 3B, 13B9, 1600 South Park Road 2 450 Hollywood, FL 33021 13B8 and 3C 1751 SW 57th Avenue 2 450 Hollywood, FL 33023 2400 SW 67th Avenue 1 1,100 Miramar, FL 33023 2401 North Powerline Road 1 2,000 1,000,000 Pompano Beach, FL 33069 1 5,000 6 6,000 City of Boynton Beach 5469 W Boynton Beach Blvd 2 21,000 520,000 3" cam lock male tank Boynton Beach, FL 33437 fitting 1620 South Seacrest Blvd 1 21,000 3" cam lock male tank Boynton Beach, FL 33435 fitting City of Margate 980 NW 66th Avenue 2 7,000 25,000 2" Bonjo female tank Margate, FL 33063 fitting 6630 NW 9th Street 2 8,100 30,000 2" PVC Cam lock male Margate, FL 33063 1 3,000 tank fitting Town of Davie 1 15,000 260,000 2" male cam lock fitting 7351 Sw 301h St Davie, FL 33314 3500 Nw 76 ave 2 7,800 Total above 2" male cam lock fitting Hollywood, FL 33324 Version 11/2022 CAM 23-0653 1036 Exhibit 1 Page 21 of 28 City of Sunrise Utilities Sawgrass Utility Complex 4 12,500 366,000 1450 NW 81h Street 2 3,200 Sunrise, FL 33325 1 10,000 1 600 Springtree Utility Complex 4 15,000 302,000 4350 Springtree Drive 2 8,100 Sunrise, FL 33351 1 3,000 Southwest WTP 2 2,500 33,000 (LTFL) 15400 Watermill Road Davie, FL 33331 Southwest WWTP 2 2,000 18,000 (LTFL) 15400 Slydgemill Road Davie, FL 33331 City of Margate 3 8100 30,000 6630 Nw 91h St 8100 Margate F133063 3000 City of Miramar 5 3500 340,000 13900 Pembroke rd Miramar, FL 33027 END OF SECTION Version 11/2022 CAM 23-0653 1037 Exhibit 1 Page 22 of 28 is NON -COLLUSION STATEMENT By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3, 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest (e.g., ownership of five (5) percent or more). 3.4. Immediate family members (spouse, parents, and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships exist. Authorized Signature Name (Printed) Title Date Rev 09-2022 CAM 23-0653 1038 Exhibit 1 Page 23 of 28 CONTRACTOR'S CERTIFICATE OF COMPLIANCE WITH NON-DISCRIMINATION PROVISIONS OF THE CONTRACT The completed and signed form should be returned with the Contractor's submittal. If not provided with submittal, the Contractor must submit within three business days of City's request. Contractor may be deemed non- responsive for failure to fully comply within stated timeframes. Pursuant to City Ordinance Sec. 2-17(a)(i)(ii), bidders must certify compliance with the Non -Discrimination provision of the ordinance. A. Contractors doing business with the City shall not discriminate against their employees based on the employee's race, color, religion, gender (including identity or expression), marital status, sexual orientation, national origin, age, disability, or any other protected classification as defined by applicable law. Contracts. Every Contract exceeding $100,000, or otherwise exempt from this section shall contain language that obligates the Contractor to comply with the applicable provisions of this section. The Contract shall include provisions for the following: (i) The Contractor certifies and represents that it will comply with this section during the entire term of the contract. (ii) The failure of the Contractor to comply with this section shall be deemed to be a material breach of the contract, entitling the City to pursue any remedy stated below or any remedy provided under applicable law. Authorized Signature Print Name and Title Date Fomis Non -ISO 09/2022 CAM 23-0653 1039 Exhibit 1 Page 24 of 28 CONTRACT PAYMENT METHOD The City of Fort Lauderdale has implemented a Procurement Card (P -Card) program which changes how payments are remitted to its vendors. The City has transitioned from traditional paper checks to credit card payments via MasterCard or Visa as part of this program. This allows you as a vendor of the City of Fort Lauderdale to receive your payments fast and safely. No more waiting for checks to be printed and mailed. In accordance with the contract, payments on this contract will be made utilizing the City's P -Card (MasterCard or Visa). Accordingly, bidders must presently have the ability to accept the credit card or take whatever steps necessary to implement acceptance of a card before the start of the contract term, or contract award by the City. All costs associated with the Contractor's participation in this purchasing program shall be borne by the Contractor. The City reserves the right to revise this program as necessary. By signing below, you agree with these terms. Please indicate which credit card payment you prefer: MasterCard Visa Company Name Name (Printed) Title Signature Date Rev. 09/2022_Ip CAM 23-0653 1040 Exhibit 1 Page 25 of 28 E -VERIFY AFFIRMATION STATEMENT Solicitation/Bid /Contract No: Project Description: Contractor/Proposer/Bidder acknowledges and agrees to utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of, A. all persons employed by Contractor/Proposer/Bidder to perform employment duties within Florida during the term of the Contract, and, B. all persons (including subcontractors/vendors) assigned by Contractor/Proposer/Bidder to perform work pursuant to the Contract. The Contractor/Proposer/Bidder acknowledges and agrees that use of the U.S. Department of Homeland Security's E -Verify System during the term of the Contract is a condition of the Contract. Contractor/Proposer/ Bidder Company Name: Authorized Company Person's Signature: Authorized Company Person's Title: Date: CAM 23-0653 1041 Exhibit 1 Page 26 of 28 REFERENCES A minimum of three (3) references shall be provided. It is the responsibility of the Bidder/ Proposer to ensure that the information provided is accurate and current. The City may find your firm non- responsive for providing wrong and or outdated information. Additional references may be provided on a separate page. Company Name: Address: Contact Person: Title: Phone #: Email: Contract Value: Year(s): Description: Company Name: Address: Contact Person: Title: Phone #: Email: Contract Value: Year(s): Description: Company Name: Address: Contact Person: Title: Phone #: Email: Contract Value: Year(s): Description: CAM 23-0653 1042 Exhibit 1 Page 27 of 28 CITY OF FORT LAUDERDALE BID/PROPOSAL CERTIFICATION Please Note: It is the sole responsibility of the bidder/proposer to ensure that their response is submitted electronically through the City's on-line strategic sourcing platform prior to the bid opening date and time listed. Paper bid submittals will not be accepted. All fields below must be completed. If the field does not apply to you, please note N/A in that field. If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state, in accordance with Florida Statute §607.1501 (visit http://www.dos.state.fl.us/). Company: (Legal Registration) Address: City: Telephone No.: State FAX No.: Email: EIN (Optional): Zip: Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): Total Bid Discount (section 1.05 of General Conditions): Check box if your firm qualifies for DBE (section 1.09 of General Conditions): ❑ ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are included in the proposal: Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or requirement in this competitive solicitation you must specify such exception or variance in the space provided below or reference in the space provided below all variances contained on other pages within your response. Additional pages may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance, necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. The below signatory hereby agrees to furnish the following article(s) or services at the price(s) and terms stated subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I have read all attachments including the specifications and fully understand what is required. By submitting this signed proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or exemplary damages, expenses, or lost profits arising out of this competitive solicitation process, including but not limited to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the amount of Five Hundred Dollars ($500.00). This limitation shall not apply to claims arising under any provision of indemnification or the City's protest ordinance contained in this competitive solicitation. Submitted by: Name (printed) Signature Title CAM 23-0653 1043 Page rJ -2022 Tabulation Of Bids Event # : 139 Name: Sodium Hypochlorite (Co -Op) Description: The City of Fort Lauderdale, Florida (City) is seeking bids from qualified, experienced, and licensed firm(s), hereinafter referred to as the Contractor or Bidder, to provide Sodium hypochlorite for the City, in accordance with the terms, conditions, and specifications contained in this Invitation to Bid (IFB). This is a cooperative IFB issued by the City of Fort Lauderdale on behalf of the Southeast Florida Governmental Cooperative Purchasing Group. This is an initial two (2) year contract with two, one (1) year renewal terms. Open Date: 06/22/2023 03:00:00 PM Event Currency: USD Item: �u llly 11, 2023 Close Date: 07/06/2023 02:00:00 PM Supplier Bid Amount Allied Universal 499,801.57 Corporation 3901 NW 115 Avenue Miami, FL 33178 Univar Solutions 0.00 USA, Inc. 8201 S. 212th St. Kent, WA 98032 * * Supplier has responses with a no bid Odyssey 765,002.45 Manufacturing Company 1484 Massaro Blvd. Tampa, FL 33619 Items Page I CAM 23-0653 1044 Exhibit 2 Page 1 of 2 Tabulation Of Bids For Event # 139: Sodium Hypochlorite (Co-Op) Description: Sodium hypochlorite- Tanker Load Long Item City of Fort Lauderdale anticipated usage: 340,000 gallons over 2 years. Description: Based on past usage, the co-op anticipates usage of 9,214,000 gallons for the two year contract. However past usage is not indicative of future usage. Unit of GA Quantity: 340,000.0000 Measure: Item: Description: Sodium hypochlorite- Less than tanker load Long Item Based on past usage, the Co-op anticipates usage of 356,000 gallons for a two year term, however past usage is Description: not indicative of future usage. Unit of GA Quantity: 1.0000 Measure: Quantity Unit Price Extended Amount Allied Universal Corporation 340,000.0000 1.47000000 499,800.00 Univar Solutions USA, Inc. (No bid) 0.0000 0.00000000 0.00 Odyssey Manufacturing Company 340,000.0000 2.25000000 765,000.00 Item: Description: Sodium hypochlorite- Less than tanker load Long Item Based on past usage, the Co-op anticipates usage of 356,000 gallons for a two year term, however past usage is Description: not indicative of future usage. Unit of GA Quantity: 1.0000 Measure: lully 11, 1023 Page 2 CAM 23-0653 1045 Exhibit 2 Page 2 of 2 Quantity Unit Price Extended Amount Allied Universal Corporation 1.0000 1.57000000 1.57 Univar Solutions USA, Inc. (No bid) 0.0000 0.00000000 0.00 Odyssey Manufacturing Company 1.0000 2.45000000 2.45 lully 11, 1023 Page 2 CAM 23-0653 1045 Exhibit 2 Page 2 of 2 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to (piper@mvboca.us for placement on the NIGP SEFL website Cooperative contract page. BID/RFP No. Event 139 Description/Title: Sodium Hypochlorite (Co -Op) Initial Contract Term: Start Date: 9/1/2023 End Date: 8/31/2025 Renewal Terms of the Contract: Two (2) Renewal Options for One (1)year (No. of Renewals) (Period of Time) Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: SECTION #1 VENDOR AWARD Vendor Name: Allied Universal Corp Vendor Address: 3901 NW 115th Ave Miami, FL 33178 Contact: Cristhianne Mungia Phone: 305-888-2623 ext 0125 Fax: Cell/Pager: Email Address: CristhianneM@allieduniversal.com Website: FEIN: SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: 8/22/2023 Resolution/Agenda Item No.: CAM# 26-0653 Insurance Required: Yes Y No Performance Bond Required: Yes N/a No SECTION #3 LEAD AGENCY Agency Name: City Of Fort Lauderdale Agency Address: 100 N Andrews Ave, Fort Lauderdale, FL 33301 Agency contact: Stefan Mohammed Email smohammed@fortlauderdale.gov Telephone: 954-326-6378 Fax: 1046 CITY OF FORT LAUDERDALE City Commission Agenda Memo #23-0653 REGULAR MEETING TO: Honorable Mayor & Members of the Fort Lauderdale City Commission FROM: Greg Chavarria, City Manager DATE: August 22, 2023 TITLE: Motion Approving the Purchase of Sodium Hypochlorite - Allied Universal Corp. - $499,800 (two-year total) - (Commission Districts 1, 2, 3 and 4) Recommendation Staff recommends the City Commission approve the purchase of Sodium Hypochlorite from Allied Universal Corp., for an initial two-yearterm amountof $499,800 and authorize the City Manager to approve two (2) one-year renewal options, in the estimated annual amountof $249,900, for a potential total contract amountof $999,600, contingent upon appropriation of funds. Background During the water treatment process, sodium hypochlorite is added to the finished water at the Peele Dixie Water Treatment Plant. The sodium hypochlorite is added to provide disinfection and delivers a disinfectant residual sustained throughout the distribution system. As lead agency for the Southeast Florida Governmental Cooperative (Co -Op), the Procurement Services Division issued Invitation to Bid (ITB) Event No. 139 and received three responses. One of the bidders, UnivarUSA LLC, responded with a `no bid'. The bid provided by Allied Universal Corp. has met the criteria of the bid, and has been deemed the lowest cost, responsive and responsible bidder. None of the three bidders have indicated its status as a Minority Business Enterprise, Women Business Enterprise, or Small Business Enterprise Resource Impact There will be a currentfiscal year impact to the City in the estimated amountof $20,000. Funding is available in the FY 2023 Operating Budget. Future expenditures are contingent upon the approval and appropriation of the annual budgets. 08/22/2023 Page 1 of 2 CAM #23-0653 1047 Funds available as of July 11, 2023 PROJECT NAME CHARACTER/ AMENDED AVAILABLE ACCOUNT NUMBER (Program) ACCOUNT BUDGET BALANCE PURCHASE NAME (Character) (Character) AMOUNT 10-450-7406-536-30- Peele Dixie Sodium $2,237,065 $372,239 $20,000 3717 Operations Hypochlorite TOTAL AMOUNT ► 1 $20,000 Strategic Connections This item supports the Press Play Fort Lauderdale 2024 Strategic Plan, specifically advancing: • The Infrastructure Focus Area • Goal 1: Build a sustainable and resilient community. • Objective: Proactively maintain our water, wastewater, stormwater, road, and bridge infrastructure This item advances the Fast Forward Fort Lauderdale 2035 Vision Plan: We Are Ready. This item supports the Advance Fort Lauderdale 2040 Comprehensive Plan specifically advancing: • The Infrastructure Focus Area • The Sanitary Sewer, Water & Stormwater Element • Goal 3: Developand maintain an adequate water supply, treatment and distribution system, which meets the existing and projected needs of the service area in an efficient, economical, and environmentally sensitive manner. Attachments Exhibit 1 -Solicitation Exhibit 2 - Bid Tabulation Prepared by: Stefan Mohammed, Senior Procurement Specialist, Finance Rafeela Persaud, Sr Administrative Assistant, Public Works Matthew Eaton, Senior Administrative Assistant, Finance Department Director: Alan Dodd, Public Works Linda Short, Finance 08/22/2023 CAM #23-0653 Page 2 of 2 1048 COMMODITIES CONTRACT AWARD CITY OF FORT LAUDERDALE PROCUREMENT SERVICES DIVISION Contract Name Sodium Hypochlorite (Co -Op) Contract No. Initial Period Covered Event No. 497 9/1/2023 — 8/31/2025 139 Awarded Vendor: Terms: Allied Universal Corp. $499,800 3901 NW 1151h Ave CAM 23-0653 Miami, FL 33178 Yes Qty 2 / 1 -Yr Extensions P -Card Accepted? Yes Attn: Cristhianne Mungia Tel: 305-888-2623 ext 0125 Email: CristhianneM@allieduniversal.com Insurance Coverage Required: Yes Authorized Purchases: $499,800 Approved by City Commission: CAM 23-0653 Extension Options: Yes Qty 2 / 1 -Yr Extensions ITEMS: Sodium Hypochlorite (Tanker load) .................................................. $1.47 per gallon Sodium Hypochlorite (Less than tanker load) ..............................$1.57 per gallon Department Contract Coordinator: Mary Ann Walder (Johnston), 954-828-7843 Procurement Specialist: Stefan Mohammed, 954-326-6378 Approved by Commission CAM 23-0653 on 8/22/2023 1049 Consent Bids and Purchases over $100,000 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Proposed Resolution No. R23-132- Preferred Governmental Insurance Trust (PGIT) as the City's new Property, Liability and Workers' Compensation provider. Requested Action: Approve the new property, causality, and workers' compensations insurance coverage with Preferred Governmental Insurance Trust (PGIT) and authorize the City Manager to sign all required documents for the term of the policy: October 1, 2023 through September 30, 2024. Explanation of Request: Florida Municipal Insurance Trust (FMIT) is the City's insurance provider for property, liability and workers' compensation. FMIT renewals increased almost 200%. Staff directed the Risk Insurance Broker to request a quote from Preferred Governmental Insurance Trust (PGIT). The quote from PGIT provides an increase in coverage with a lower premium. How will this affect city programs or services? The new Insurance Provider will cover the City's property, liability and workers' compensation. Fiscal Impact: Total cost: $2,386,923 Attachments: R23-132 Property and Casualty General Liability Insurance PGIT 2023-24.pdf 2023.09.01 - Boynton Beach - PC and WC - Evaluation 23-24 (002).pdf 2023-08-21 - Boynton Beach - PGIT PE Submission Document.pdf Property Liability Workers' Compensation Insurance.pptx 1050 1 RESOLUTION NO. R23-132 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 4 APPROVING THE NEW PROPERTY, CAUSALITY, AND WORKERS' 5 COMPENSATIONS INSURANCE COVERAGE WITH PREFERRED 6 GOVERNMENTAL INSURANCE TRUST (PGIT) AND AUTHORIZE THE 7 CITY MANAGER TO SIGN ALL REQUIRED DOCUMENTS FOR THE TERM 8 OF THE POLICY: OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, Florida Municipal Insurance Trust (FMIT) is the City's insurance provider for 12 property, liability and workers' compensation; and 13 WHEREAS, due to an increase of almost 200%, staff directed the Risk Insurance Broker 14 to request a quote from Preferred Governmental Insurance Trust (PGIT); and 15 WHEREAS, staff recommends and the City Commission does hereby approve the new 16 property, causality, and workers' compensations insurance coverage with Preferred 17 Governmental Insurance Trust (PGIT) and authorize the City Manager to sign all required 18 documents for the term of the policy: October 1, 2023 through September 30, 2024 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA AS FOLLOWS: 21 Section 1. Each Whereas clause set forth above is true and correct and 22 incorporated herein by this reference. 23 Section 2. The City Commission hereby approves the new property, causality, and 24 workers' compensations insurance coverage with Preferred Governmental Insurance Trust 25 (PGIT) and authorize the City Manager to sign all required documents for the term of the policy: 26 October 1, 2023 through September 30, 2024. 27 S:ACA\RESO\Property And Casualty General Liability Insurance (PGIT)(2023-24) - Reso.Doex 1051 28 Section 3. This Resolution shall become effective immediately upon passage. 29 30 PASSED AND ADOPTED this 14th day of September, 2023. 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 56 57 58 59 60 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: David N. Tolces Interim City Attorney S:ACA\RESO\Property And Casualty General Liability Insurance (PGIT)(2023-24) - Reso.Docx 1052 (D r z Zd h a LJ� � w ZQ u uj ry Lei, r-_, Mcn i L L i 14 O 01 � N N 0J O1 qMj LO N -i J J J Ln p M -1 0,1 M lD rri' w 14 r�i O W O LO ri r MO O O O M M C7 0 (D rm n 4 -I r•1' k.66 LO 00 r L M [n. N C C C O M r-Ic-I eq Ln W ri M r'L 01 G_ 0_ d Cl- 011 ; N •- '- '- -1d' c -I ei .4, Ln M C C C C ri v O N N ri 0 0 U U U 7 7 7 7 i C C U U U U i/? C C C C •L/?.. i/? {/? i/? i/1•;': i/)• 'ui'. i/i• •V)• i/F •V)• O O N O O O O ' O O O O O tL 00 a' o HE O O Ln O O O O 1 00 c' O O O q^,g J O O Lb O O O O : O O O O O 0 „ p 0 0 � o O O O O O 0 0 o w O O 0 p O O Ln O Ln Ln Ln 0 O O 0 o -&-- o O 0 O O O O O O O U to o Ln C O L r N c -I : Ln N Ln Ln N ®CO LnN y VD s N O L i/? 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Ocean Avenue General Member Information Name: Cit of Boynton Beach Mailing: P. O. Box 310 City/State/Zip: Boynton Beach, FL,334250310 Physical: 100 E. Ocean Avenue City/State/Zip: Boynton Beach,FL,33425 __________________________________________________________________________________________________ Member Contact Information --- ________________________________________________________________________________________ Additional Member Information ContactMoanChaloupka 59-6000282___________NCCI Risk ID:094011477 Title: Risk Manager -------------------------------------------------------------------------------------- _FEIN; Population: 80,859 -----------------------------------------------------------------------------' Phone #:561-742-6271 Fax #: County: Palm Beach Email: ChaloupkaM@bbFl.us Member Type: Municipality A enc Information Agency Contact Information Agency: The Gehring Group Contact: Rommi Mitchell Address: 3500 Kyoto Garden Dr Phone #: 561-626-6797 City/State/Zip: Palm Beach Gardens FL, 33410 Fax #: 561-626-6970 Pne # 561-626-6797 Fax # 561-626-6970 ho Email:rommi.@gehdnggroup.com__________________________ CERTIFICATION The undersigned being authorized by and acting on behalf of the applicant and all persons/concerns seeking insurance, has read and understands this Application, including any appendices and/or supplements, and declares that all statements set forth herein are true, complete and accurate. The undersigned acknowledges and agrees that the submission and the Trust's receipt of such written report, prior to the inception of the coverage agreement applied for, is a condition precedent to coverage. The signing of this Application does not bind the undersigned to purchase the coverage, nor does the review of same bind The Trust to issue a coverage agreement. This application shall be the basis of the contract, should one be issued. This Application must be signed by the "Ranking Elected / Appointed Official" of the Entity making the application (e.g. Chair, President, Superintendent or Executive Director of the Educational Entity) or the Risk Manager (or ranking official) assigned this function. SIGNATURE: TITLE: DATE: NOTICE TO APPLICANT For your protection, the following Fraud Warning is required to appear on this application: FLORIDA FRAUD STATEMENT Any person who knowingly and with intent to injure, defraud or deceive any insurer, files a statement of claim or an application containing any false, incomplete or misleading information is guilty of a felony of the third degree. 1055 Public Entity Application Prifierred' Coverage Term: 10/01/2023 to 10/01/2024 Member Name: City of Boynton Beach I`fSUf / !� I. 1051 Agency: The Gehring Group Coverages Selected: Auto Liability Y Auto Physical Damage Y Boiler & Machinery Y Crime Y Flood Y Garage Keepers N General Liability Y Inland Marine Y Y Cyber Liability Y Coverage/Exposure Summary: Line of Business Exposure/ Coverage Applicable/ Not Applicable General Question Application General Information Applicable General Question Excess WC (Standard Limits are $1M/$1M/$1M) Applicable General Question SIR —TPA Information Not Applicable General Question Stop Loss Not Applicable Auto Liability Coverage Applicable Auto Physical Damage Coverage Applicable Crime Coverage Applicable Cyber Liability Coverage Applicable Garage Keepers Coverage Not Applicable General Liability Coverage Applicable General Liability Operations: Elder Care/Respite Care Not Applicable General Liability Operations: Special Events, Fairs or Carnivals Applicable General Liability Supervision Abuse Prevention (Required) Applicable Professional Liability Law Enforcement Applicable Professional Liability POL/ELL/EPLI Applicable Prooerty Coverage Applicable Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1056 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 r,iAfflA ✓naM Member Name Cit of Boynton Beach tir:i iiai.i Y Y Agency: The Gehring Group APPLICATION GENERAL INFORMATION General Questions Response Account CSR: Mitchell, Rommi Agent Name: Kurt N. Gehring Primary Member Contact: Tennille Decoste If New Primary Contact include name, phone and email address: Tennille Decoste; 561-742-6277, DeCosteT@bbfl.us Requested Effective Date: 10/01/2023 Requested Termination Date: 10/01/2024 Bid Date (if Applicable, Attach RFP copy): Need by Date: 08/28/2023 If new business, complete and attach the "Expiring Information" form. Template can be found under Help section on portal home page (Submission is not complete without this information). If with PGIT less than 5 years, complete and attach the "Loss Summary" form or a "No Known Losses" letter. Form can be found Help section on portal home page (Submission is not complete without this information). Member's FEIN 59-6000282 NCCI Risk Id # 094011477 Population 80,859 Have you attached the most recent audited financials/budget? Y Please Enter Full Detail Description of Operations Municipality with Police & Fire, and Water Utilities Installment Schedule: (Only Available for premium > 100k, pay plan is agency bill PKG - Quarterly Do you have a Risk Manager? (if yes please provide name and number in comment box) Y Morgan Chaloupka Do you have a Human Resource or Personnel Department? (If No please describe handling of this function in comment box) Y Number of Full Time Police? 135 Number of Full Time Fire? 164 Number of Full Time all other Personnel? 459 Number of Part Time Police? 6 Number of Part Time Fire? 0 Number of Part Time All Other Personnel including Seasonal personnel? 77 Number of Volunteers Police? 190 Number of Volunteers Fire? 0 Number of Volunteers All Others? 0 Police - Estimated Payroll $21,000,000.00 Fire - Estimated Payroll $20,500,000.00 All Other- Estimated Payroll $38,500,000.00 Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1057 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 ��a : r vi enit�naiui Member Name: City of Boynton Beach iN_ nrtir�r.I_ ii>usr Agency: The Gehring Group COVERAGE INFORMATION- PROFESSIONAL LIABILITY- PUBLIC OFFICIALS & EMPLOYMENT PRACTICES THIS IS AN APPLICATION FOR "CLAIMS MADE AND REPORTED" COVERAGE POL/EPLI General Questions Response 1 - POL Limit: $5,000,000 2 - POL Deductible: $200,000 SIR 3 - EPLI Limit: $5,000,000 4 - EPLI Deductible: $200,000 SIR 5 - POL Retro Date 6 - EPLI Retro Date 7 - If New Business - Who is your current POL/EPLI carrier? FMIT 8 - If new business - What is your current POUEPLI Limit? $5,000,000 9 - If new business - What is your current POL/EPLI Deductible? $200,000 SIR 10 - If new business, is your current coverage claims made or occurrence? Occurrence 11 - Has your POL/EPLI coverage ever been cancelled or non -renewed? (If yes describe answer in comment box N 12 - Total Number of Board Members? 5 13 - Are Board members Elected? (Y/N) (If no, describe who they are appointed by in comment box) Y 14 - Number of employees who hold professional designations 9 15 - Has any bond issue been defeated within the past three years? N 16 - If yes, has the proposal been resubmitted or is it expected to be resubmitted? N 17 - Has the public entity been in default on the principal or interest on any bond?(If yes please provide details in comment box) N 18 - Do you have a zoning commission? (Y/N) Y 19 - Does your legal counsel attend all meetings of the planning and zoning board? Y 20 - Do officials receive training with respect to open meetings and hearing regulations? Y 21 - Do you have a written master plan for economic development? (If Yes, please indicate the 4 digit year it was updated in the comment box) Y 22 - Do you have formally approved land use ordinances that have been reviewed by legal counsel? Y 23 - Do you have a formal procedure to file for a variance to land use statutes? Y 24 - Do you have a formal process for application and approval of permits and licenses? Y 25 - Do you have a formal written policy prohibiting elected officials and/or board members from sitting on decisions in which they may have a conflict of interest? Y 26 - If with Preferred less than 5 years, have you had any disputes or claims involving a wrongful taking, zoning variance or land use right? (If yes, provide details in comment box). Please note providing details here does not qualify as reporting a claim. 27 - If with Preferred less than 5 years, have you had any disputes or claims involving the approval of building permits, design, or code enforcement? (If yes, provide details within comment box.) Please note providing details here does not qualify as reporting a claim N Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1058 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 Member Name: City of Boynton Beach Agency: The Gehring Group 28 - If with Preferred less than 5 years, have you had any disputes, claims, or N complaints involving open or closed landfills? (If yes, provide details within the comment box.) 29 - Number of employees reported on IRS Form 1099(no FEIN) and/or who have 1 written employment areements 30 - Total % of involuntary turnover during the last 3 years (Ex. 2) 7 31 - Total % of voluntary turnover during the last 3 years (Ex. 5) 21 32 - Average # of years of employement for all employees (Ex. 4) 9 33 - Do supervisors receive training in the proper implementation of your policies Y and procedures? 34 - Is training documented in their personnel file? Y 35 - Enter 4 digit year employment manual written or last updated. 36 - Is employment manual reviewed by counsel experienced and qualified in Y employment law? 37 - Do policies and procedures comply with state and federal guidelines? Y 38 - Is this manual distributed to all employees upon hiring? (If No,please explain Y why not in the comment box) 39 - Do you have a written policy with respect to both sexual and non -sexual Y harassment? 40 - Do you follow a formal written procedure for employee disputes/complaints? Y 41 - Are all actions to dismiss or demote employees reviewed in advance by legal Y counsel? 42 - Do you require that due process be served and documented for all Y proceedings involving dismissal, demotion, or suspension? 43 - Are all probationary or disciplinary actions recorded in writing and signed by Y the employee? 44 - Have job descriptions been drafted for regular full-time positions? Y 45 - Are you an Equal Opportunity Employer? Y 46 - Over the last 5 years has any person made a claim alleging unfair or improper treatment regarding employee hiring, remuneration, advancement, or termination of employment? (If yes, explain in the comment box.). Please note providing details here does not qualify as reporting a claim. 47 - Answer if with Preferred less than 5 years. Has any claim been made against Y the entity or any person in their capacity as an official or employee of the entity? (If yes, explain in the comment box.). Please note providing details here does not qualify as reporting a claim. 48 - Does any official or employee have any knowledge of any fact, circumstance N or situation which might reasonably be expected to give rise to a claim? (If yes, explain in the comment box.). Please note providing details here does not qualify as reporting a claim. Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1059 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 ��a vi enir�naiui Member Name: City of Boynton Beach iN_ nrtirrr.I_ ii>usr Agency: The Gehring Group COVERAGE INFORMATION -CYBER LIABILITY GENERAL QUESTIONS THIS IS AN APPLICATION FOR CLAIMS MADE AND REPORTED COVERAGE Cyber Liability Response 1 - Cyber Retro Date 2 - Do you have anti-virus software installed and enabled on all desktops and servers (excluding database servers) and is it updated on a regular basis? Y 3 - Do you have firewalls installed on all external gateways? Y 4 - Do you take regular backups (at least weekly) of all critical data? Y 5 - If confidential information is stored on laptops, flash drives and other mobile devices, is the information stored in an encrypted format? Y 6 - Is data "at rest" (servers, etc.) stored in an encrypted format? Y 7 - Is multi -factor authentication required for all employees when accessing email through a website or cloud based service? Y 8 - Is multi -factor authentication required for all remote access to the network provided to employees, contractors, and 3rd party service providers? Y IN ADDITION TO REMOTE ACCESS, IS MULTI -FACTOR AUTHENTICATION REQUIRED FOR THE FOLLOWING, INCLUDING ACCESS PROVIDED TO 3RD PARTY SERVICE PROVIDERS: 9 - All internal and remote admin access to directory services Y 10 - All internal and remote admin access to network backup environments Y 11 - All internal and remote admin access to network infrastructure Y 12 - All internal and remote admin access to the organization?s endpoints/servers Y 13 - Have you suffered a claim or loss in the last five years, in relation to cyber liability or cyber security? If yes, describe: N 14 - Are you aware of any circumstances or complaints against you in relation to data protection or security, PII (Personally Identifiable Information), PHI (Protected Health Information) or any other actual or potential security violations or breaches either currently or in the past five years? If so, please describe (Please note providing details here does not qualify as reporting a claim) N Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1060 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 Member Name: City of Boynton Beach dl§dFU io vicJlei,[ i Agency: The Gehring Group PROFESSIONAL LIABILITY- POL/EPLI/ CYBER IT IS AGREED THAT IF ANY SUCH FACT, CIRCUMSTANCE OR SITUATION NOT LISTED/DISCLOSED HEREIN, THEN ANY CLAIM BASED UPON, ARISING OUT OF, OR ATTRIBUTABLE THERETO, IS EXCLUDED FROM THE COVERAGE BEING APPLIED FOR. The undersigned, being authorized by and acting on behalf of the applicant and all persons or concerns seeking coverage, has read and understand this Application, and declares all statements set forth herein are true, complete accurate. The undersigned further declares and represents that any occurrence or event taking place prior to the inception of the coverage agreement applied for, which may render inaccurate, untrue or incomplete any statement made herein will immediately be reported in writing to the Trust. The undersigned acknowledges and agrees that th submission and the Trust's receipt of such written report, prior to the inception of the coverage agreement applied f a condition precedent to coverage. The signing of this Application does not bind the undersigned to purchase coverage, nor does the review of this Application bind Preferred to issue a coverage agreement. This Application shall, however, be the basis of the contract, should a coverage agreement be issued. Signed Title Date This Application must be signed by the "Ranking Elected /Appointed Official" of the Entity making the application (e.g. Mayor /Manager / equivalent Officer) or the Risk Manager (or ranking official) assigned this function. SIGNATORY ABOVE IS ALSO TO INITIAL EACH AND EVERY PAGE OF THIS APPLICATION. IMPORTANT NOTICE: SHOULD THE SIGNED APPLICATION DIFFER IN ANY WAY FROM THE APPLICATION SUBMITTED FOR UNDERWRITING/RATING PURPOSES, THE TERMS, CONDITIONS AND PREMIUM AS REFLECTED ON SUBJECT TO CHANGE. Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1061 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 Member Name: City of Boynton Beach iN_ nrtirrr.I_ ii>usr Agency: The Gehring Group COVERAGE INFORMATION -GENERAL QUESTIONS Excess WC (Standard Limits are $1M/$1 M/$1M) Response 1 - WC Limit Requested (standard is $1 M/$1 M/$1 M): $1 M/$1 M/$1 M 2 - Self Insurance Retention Requested ($350,000 Minimum): $500,000.00 3- Is a formal drug free program in operation? Y 4- Is a formal safety program in operation? Y 5- Is there a formal Return to Work ? Light Duty program for all operational areas? Y 6 - Does employer have a safety committee? Y 7- If Yes, is there management participation? Y 8- Is there a formal review of all workplace accidents? Y 9- Do past, present, or discontinued operations involve storing, treating, discharging, applying, disposing, or transporting hazardous materials? If yes, describe: N 10 - Any work performed underground or above 15 feet? If yes, describe: Y Rooftops, tree trimming, Firefighting 11 - Any work performed on docks, barges, vessels, bridges, or over water? If yes, describe: Y Boardwalks over water, fire rescue watercraft 12 - Are sub -contractors used? If yes, describe: Y 13 - Are Work Comp COI's required for sub -contractors/ vendors? Y 14 - Do employees travel out of state? If yes, describe: N 15 - Do you lease employees to or from other employers? If yes, describe: N 16 - Any group transportation provided? If yes, describe: Y 17 - Are physicals required after offers of employment are made? If yes, list which departments or positions require physicals. Y Police & Firefigters 18 - Are there any occupational disease exposures involved in the operation including asbestos, silica, dust, hazardous chemicals, radiation, communicable disease or any other occupational disease exposure? If Yes, describe. Y Police, Firefigters, and water utilities 19 - Is there any owned, leased or chartered aircraft? If yes, complete aviation supplemental application. N 20 - Is there any owned, leased or chartered watercraft? If yes, describe operation. Y Public works, Parks & Rec, Firefigters, and water utilities 21 - Any employees who may be subject to the Longshore and Harbor Workers' Compensation Act, Jones Act or Federal Employer's Liability Act? If yes, describe. N 22 - Do operations include electric utility? If yes, describe: N 23 - Any power generation? N 24 - Any power distribution? N 25 - # Lineman 26 - Amount of payroll associated with lineman: 27 - Do operations include gas utility? If yes, describe. N 28 - Do operations include a penal facility? If yes, describe. N Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1062 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 ��a : r vi enit�naiui Member Name: City of Boynton Beach iN_ nrtirrr.I_ ii>usr Agency: The Gehring Group 29 - Do operations include amusement park or similar facility? If yes, describe. I N 30 - Do you provide in house medical for first aid injuries? If yes, who providesI N treatment? Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1063 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 Member Name: City of Boynton Beach iN_ nrtir�r.I_ ii>usr Agency: The Gehring Group COVERAGE INFORMATION -Auto Liability Coverage Response 1 - AL Limit: $2,000,000 2 - AL Territory: 1 T - Atlantic Coast (1T) 3 - AL Deductible: $100,000 SIR 4 - Medical Payment limit: $0 5 - Uninsured/Underinsured motorist limit (Maximum $100,000): $0 6 - Hired and Non -Owned Liability? (Y/N) Y 7 - If symbol 10 for AL is required, provide definition: 8 - How often do you inspect vehicles for safety hazards? Daily 9 - Are safety inspection records maintained? Y 10 - Are vehicles assigned to specific drivers with back up drivers? Y 11 - Do you own any 15 Passenger Vans with Model Year 2006 or older? (If yes, provide Member's policy/procedure with regards to how many passengers are transported in each van,seatbelts, other safety procedures, etc. in comments box) N 12 - Are 15 passenger vans used for passenger transportation? Y 13 - Do you own/operate Autonomous Vehicles? If so Autonomous Vehicle Supplemental Application is required.: No PLEASE ENTER 4 DIGIT YEAR FOR DATE WRITTEN,LAST UPDATED OR "NONE" for the next 5 questions 14 - Fleet Management Safety Manual: 2019 15 - Driver Training Program: 2014 16 - MVR Criteria: N/A 17 - Formal Written Accident Reporting Procedure: 2011 18 - Employee Disciplinary Program for Driver Safety 2021 Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1064 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 ��a : r vi enit�naiui Member Name: City of Boynton Beach iN_ nrtirrr.I_ ii>usr Agency: The Gehring Group COVERAGE INFORMATION -Auto Physical Damage Coverage Response 1 - Collision Auto Symbol: 2 2 - Comprehensive Auto Symbol: 2 3 - Symbol 10 definition, if required: 4 - Hired Physical Damage Limit (0/35K/50K/75K/100K): $100,000 5 - Hired Physical Damage Deductible: $10,000.00 Print Date, 8/23/2023 Initial Date 20 MUNIPKG.rpt 1065 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 Member Name: City of Boynton Beach iN_ nrtir�r.I_ ii>usr Agency: The Gehring Group COVERAGE INFORMATION- CRIME Coverage Response 1 - Employee Dishonesty Blanket Limit (faithful performance included): $50,000 2 - Employee Dishonesty Deductible: $1,000 3 - Theft, Disappearance or Destruction Limit $50,000 4 - Theft, Disappearance or Destruction Deductible $1,000 5 - Computer Fraud Limit $50,000 6 - Computer Fraud Deductible $1,000 7 - Forgery or Alteration Limit $50,000 8 - Forgery or Alteration Deductible $1,000 9 - Does the applicant check for past criminal records (theft of money and securities, robbery, etc.) on rateable employees? Y 10 - How frequently are audits performed? (weekly, monthly, quarterly, annually) Annually 11 - Who performs the audit? CPA 12 - Is countersignature of checks required? Y 13 - Are your bank accounts reconciled by someone not authorized to deposit or withdraw? Y 14 - Number of employees handling money(accountants,bookkeepers, cashiers, check signers,etc.): 34 15 - Number of messengers: 0 16 - Number of guards accompanying messenger: 0 17 - Is banking done by your internal staff or by other outside professionals? Internal Staff Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1066 Public Entity Application Stephanie Soplop Coverage Term: 10/01/2023 to 10/01/2024 Member Name: City of Boynton Beach iN_ nrtir�r.I_ ii>usr Agency: The Gehring Group Y COVERAGE INFORMATION - General Liability N Coverage Response 1 - GL Occurrence Limit $5,000,000 2 - GL Deductible $200,000 SIR 3 - Employee Benefits Occurrence Limit $5,000,000 4 - Medical Expense Limit (Max $5,000) $0 5 - Total number of Housing Authority units Y 6 - If Housing Authority, please give number of section 8 units (including USDA units) 7 - Number of hotel units owned/operated by member 8 - Do you require all contractors & vendors with whom you do business toI Y provide a contractual hold harmless and certificate of Insurance. 9 - Do you require groups using your facilities to provide a contractual hold Y harmless and Certificate of Insurance? 10 - Do you require groups using your facilities to make you an additional Y insured on their insurance policy? 11 - Do you have an ADA coordinator? If so please provide name.: Stephanie Soplop 12 - If you are a special district, are you responsible for sidewalk maintenance? CHECK YES/ NO FOR EACH OF THE FOLLOWING EXPOSURES 13 - Athletic Fields & Activities Y 14 - Airports/Aircraft (Coverage limited to Premises Liability Only) N 15 - Bleachers/Auditoriums/Stadiums Y 16 - Do you sponsor/operate Children/Youth Programs? Y 17 - Do you sponsor/operate Sr. Adult Program? Y 18 - Do you sponsor/operate programs for emotionally/mentally challenged individuals? N 19- Electric Power Distribution (Power Generation excluded) N 20 - EMT's/Paramedics (Incl Fire Dept & Other 1st Responders) Y 21 - Exhibition/Convention Center N 22 - Gas Utility Distribution (Generation Excluded) N 23 - Golf Course N 24 - Hospitals, Nursing Homes, Medical Facilities (Coverage limited to Premises Liability only, Medical Malpractice excluded) N 25 - Law Enforcement(See Law Enforcement section for coverage questions) Y 26 - Marinas (Premises Liability only excludes Marina Operators Liability) N 27- Detention Facilities (See Law Enforcement section for coverage questions) N 28- Restaurants/Snack Bars/Food Beverage Carts N 29 - Skate Parks Y 30 - Swimming Pools/Water Parks/Splash Parks Y 31 - Wastewater Treatment Y 32 - Water Utility Y 33 - Watercraft (Coverage limited to craft less than 52ft excludes paying passengers) Y Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1067 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 ��a : r vi enit�naiui Member Name: City of Boynton Beach iN_ nrtirrr.I_ ii>usr Agency: The Gehring Group 34 - Wharves/Piers/Docks (Excluding Marina Ops Liability) I Y 35 - Drones (if yes, and you are requesting coverage complete the UnmannedI Y Aircraft/Drone supplemental application found in the pool forms and documents) COVERAGE INFORMATION- General Liability Operations: Elder Care/ Respite Care Response 1 - Number of Elder Care/Respite Care locations 2 - Ratio of clients to care providers COVERAGE INFORMATION- General Liability Operations: Special Events, Fairs, or Carnivals Response 1 - If you have fireworks displays, how many a year do you have? 1 2 - Do you contract out the fireworks display to a licensed Pyrotechnician? Y Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1068 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 ��a vi enirrnaiui Member Name: City of Boynton Beach iN_ nrtirrr.I_ ii>usr Agency: The Gehring Group COVERAGE INFORMATION- General Liability Supervision Abuse Prevention (Required) Response 1 - Who in the Entity has been designated to handle claims (include name, Morgan Chaloupka; 100 E. Ocean address, telephone number and email)? Ave., Boynton Beach, FL 33425; 561-742-6271; ChaloupkaM@bbfl.us 2 - With respect to Claims Incidents, etc., do you have a written procedure for Y obtaining information? ENTER YES/NO FOR ALL OPERATIONS LISTED BELOW 3 - Camps(Residential): (Yes/No) N 4 - Camps with overnight stays: (Yes/No) N 5 - Daycare Centers/Nursery Schools - Children or Adult Care: (Yes/No) N 6 - Juvenile Detention Centers: (Yes/No) N 7 - Medical Services and Professionals - Doctors, Psychiatrists, Visiting Nurse N Services: Yes/No 8 - Mental Institutions: (Yes/No) N 9 - Orphans or Foster Homes, including Social Service Agencies responsible N for the Foster Home evaluation and/or placement: (Yes/No) 10 - Religious/Clergy/Church Organizations N 11 - Schools - public or private elementary, junior high or high school: (Yes/No) N 12 - Social Service Counselors - Social Workers, Psychologists: (Yes/No) N 13 - Special Needs Educational Facilities: (Yes/No) N 14 - Substance Abuse Facilities with overnight stays: (Yes/No) N 15 - Substance Abuse Facilities without overnight stays: (Yes/No) N 16 - Youth Organizations (Sports, Scouts, YMCA/YWCA, Big Brothers/Sisters, N etc): (Yes/No) - If yes please specify in Comment field 17 - Is there a Sexual Abuse Prevention Program in effect? Y 18 - Has a written policy been established clearly expressing management's Y commitment to sexual abuse prevention? 19 - Have written procedures encompassing rules, a code of conduct and Y disciplinary measures been established for all staff and/or volunteers, which clearly define the policy and consequences of non -adherence? 20 - Has a mechanism been developed to ensure that sexual abuse prevention Y policies and procedures are implemented and enforced throughout the organization? 21 - Is there a Sexual Abuse Prevention Coordinator that reports to a member N of management? 22 - Are management/staff trained in policies and procedures relating to the Y Sexual Abuse Prevention Program? 23 - Do policies and procedures include an incident reporting and follow-up Y mechanism? 24 - Are standard applications used for all prospective employees or Y volunteers? 25 - Is there a minimum of two background checks for prospective employees I Y with documentation maintained in file? Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1069 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 Member Name: City of Boynton Beach Agency: The Gehring Group 26 - Do background checks include checks with "Sex Offender Hot-lines", Y State Police, State Department of Social Services, or similar public agencies? (where applicable) 27 - In the past five years have any employees or officers been terminated for N cause related to sexually abusive behavior? 28 - Are records maintained documenting adherence to all applicable policies Y and procedures, e.g., hiring and screening, code of conduct, training, incident and follow-up procedures? 29 - Are you aware of any circumstance that may result in a sexual abuse N claim? If Yes,explain in the comment box.(Please note providing details here does not qualify as reporting a claim 30 - Have any members of the staff been transferred because of allegations of N sexual abuse? Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1070 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 Member Name: City of Boynton Beach iN_ nrtirrr.I_ ii>usr Agency: The Gehring Group COVERAGE INFORMATION - Professional Liability Law Enforcement Response 1 - Law Liability Limit: $5,000,000 2 - Law Liability Deductible: $200,000 SIR 3 - Please provide the title of person responsible for Law Enforcement Joe DeGiulio Operations - 0 4 - Please provide the contact information for person responsible for Law 561-742-6101; degiulioj@bbfl.us Enforcement Operations: 0 5 - Are you a party to any mutual aid agreements? (Please list or answer Enforcement Agencies Combined "None".) Operational Assistance and 15 - Canines Voluntary 6 - Do you provide contracted services to any other entities? (Please list or No answer "No".) Y PLEASE COMPLETE THE FOLLOWING BY ENTERING NUMBER OF EMPLOYEES, ACCOUNT FOR EACH EMPLOYEE ONLY ONCE IN THEIR 7 - Full-time with arrest powers 135 8 - Part-time with arrest powers 6 9 - Full-time jailers 0 10 - Part-time jailers 0 11 - Volunteers w/arrest powers 0 12 - Volunteer Jailers w/arrest powers 0 13 - Volunteers without arrest powers 190 14 - All other police personnel 59 15 - Canines 3 16 - Horses 0 17 - Do you handle your own dispatching? Y 18 - Do you dispatch for any other entities? N 19 - Do your Law Enforcement dispatchers also dispatch for emergency medical and fire fighting services? Y 20 - Are all incoming calls recorded? Y 21 - Average # of months tapes are maintained (Ex. 12) 3 22 - How many hours of training do dispatchers receive? 480 23 - Do you participate in any internship or ride -along programs? Yes 24 - Do you own, operate, or maintain any fixed or rotary wing aircraft? No 25 - Do you own, operate, or maintain any watercraft? Yes 26 - What is the current annual operating budget for the law enforcement $21,771,219.00 WHICH OF THE FOLLOWING ARE INCLUDED IN YOUR SELECTION 27 - Written Exam? Y 28 - Psychological Exam? Y 29 - Background and employment investigation? Y Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1071 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 ��a : r vi enit�naiui Member Name: City of Boynton Beach iN_ nrtirrr.I_ ii>usr Agency: The Gehring Group 30 - Do all law enforcement officers meet your state's minimum standards for training and receive certification? Y 31 - Is all employee training, both past and present, documented and kept on file? Y 32 - Does your agency have a Field Training Program for new employees? Y 33 - What is the Average Salary of your current full-time sworn officers? $92,286.00 34 - What is the Average # of Years of Service of your current full-time sworn officers? 11 ARE OFFICERS REQUIRED TO COMPLETE TRAINING IN THE USE OF: Y 35 - Baton/PR-24/ASP? Y 36 - Chemical Irritants? Y 37 - Electronic Control Device (Stun gun or Taser)? Y 38 - Carotid control hold? N 39 - Other, please describe. 40 - Are all officers required to complete a Defensive Driving Program? Y 41- Do all officers receive training in simulated or actual high speed pursuit? Y 42 - Do all officers receive training in First Aid? Y 43 - Do all officers receive training in CPR? Y 44- Do all officers receive training in the use of Defibrillators? Y 45 - Do you maintain a formal Policies and Procedures Manual Y 46 - Do all employees receive their own copy? Y 47- Enter 4 digit year manual was last updated? 2021 48 - Is your manual regularly reviewed by competent legal counsel? Y DO YOU HAVE FORMAL WRITTEN POLICIES AND PROCEDURES PFRTAININGI Tr) THF Fni I nI A/wr RI IR.IFr'.TR !Y/N1 49 - Use of deadly force? Y 50 - Use of non -deadly force? Y 51 - Vehicle high-speed pursuit? Y 52 - Domestic Violence? Y 53 - Search and seizure? Y 54 - Intoxicated arrestees? Y 55 - Communicable diseases? Y 56 - Employee moonlighting? Y 57 - Has any claim been made or suit filed against the entity or any person in their capacity as an official or employee of the entity in the last five years? If with Preferred less than 5 years, please describe with details in the comment field including status. Please note providing details here does not qualify as reporting a claim. 58 - Does any official or employee have any knowledge of any fact, N circumstance or situation which might reasonably be expected to give rise to a claim? If yes, please provide summary with details in the comment. Please note providing details here does not qualify as reporting a claim. 59 - Has the Law Enforcement coverage been cancelled or non -renewed within N the last five years? If Yes please describe in the comment field. Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1072 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 ��a : r vi enit�naiui Member Name: City of Boynton Beach iN_ nrtir�r.I_ ii>usr Agency: The Gehring Group 60 - Do you have a detention facility of any kind? If no, you may skip the N remaining questions and go to the next coverage section. WHICH OF THE FOLLOWING BEST DESCRIBES YOUR FACILITY? 61 - Temporary holding facility (under 8 hours - no overnight) 62 - Temporary holding cell (from 8 to 24 hours) 63- Jail - for persons serving time, awaiting trial or transfer 64- Enter 4 digit year facility was built (Ex. 2000) 65- Enter 4 digit year facility was last renovated (Ex. 2011) 66 - What is the state certified capacity? 67 - What is the average daily inmate population? DOES YOUR FACILITY HOUSE HAVE THE FOLLOWING (Y/N) 68 - Adult prisoners only? 69 - Males and females? 70 - Violent and non-violent prisoners? IS YOUR FACILITY EQUIPPED WITH SURVEILLANCE SYSTEMS TO MONITOR ACTIVITY IN THE FOLLOWING AREAS? (Y/N) 71 - Individual detention cells? 72 - Secured common areas? 73 - Booking area? 74 - Sally port? WHEN WAS YOUR FACILITY LAST INSPECTED BY THE FOLLOWING? ENTER 4 DIGIT YEAR. 75 - State Corrections Officials? 76 - Fire Inspectors? 77 - Department of Health? 78 - Do you have standard fire protection systems including smoke detectors and fire alarms? 79 - How many hours of training are required prior to employment as a guard or 80 - Do dispatchers serve as jailers? 81 - If so, do they receive the same training? 82 - Do you employ or contract with Doctor(s)? 83 - Do you employ or contract with Nurse(s)? 84 - Do you employ or contract with Dentist(s)? I 85 - Do you employ or contract with Psychologist(s)? I 86 - Do each of the above maintain their own professional errors and omissions liability coverage? 87 - Has anyone ever successfully committed suicide in your facility? If yes, 88 - How many attempted suicides have there been in your facility in the last three years? 89 - Has your facility ever been subject to a court order or Consent Decree? 90 - What is the average occupancy percentage of your facility? Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1073 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 ��a : r vi enit�naiui Member Name: City of Boynton Beach iN_ nrtirrr.I_ ii>usr Agency: The Gehring Group DO YOU HAVE FORMAL WRITTEN DETENTION CENTER POLICIES AND PROCEDURES FOR: 91 - Intake screening and classification? 92 - Medical screening? 93 - Suicide detection and prevention? 94 - Periodic walk-through of the facility? 95 - Administration and control of medication? 96 - Use of force? 97 - Emergency evacuation? 98 - Communicable diseases? 99 - Enter 4 digit year your manual was last updated (Ex. 2015) 100 - Is vour manual reviewed by leaal counsel? Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1074 Public Entity Application Coverage Term: 10/01/2023 to 10/01/2024 Member Name: City of Boynton Beach iN_ nrtir�r.I_ ii>usr Agency: The Gehring Group COVERAGE INFORMATION - Property Coverage Response 1 - ISO Protection Class: 3 2 - AOP Property Deductible: $25,000 3 - Excess Flood Limit (primary for zones other than A & V) - Maximum Limit $5,000,000 $5,000,000 4 - Earth movement Limit - Maximum Limit $5,000,000 $5,000,000 5 - Equipment Breakdown Coverage requested (Y/N) Y 6 - Do any of the buildings have unrepaired damage from a recent loss? If so, N please describe the extent of the damage and location. 7 - Date of last property valuation: (4 digit year) 2023 8 - If new business, have you attached a copy of your most recent appraisal? Y 9 - Does the member own any structures not listed on the Property Application N Schedule of Locations? If yes, provide description in the comment box. 10 - Are these structures insured with another carrier? N Print Date: 8/23/2023 Initial Date 20 MUNIPKG.rpt 1075 Submission Checklist For selected coverages, have you attached ....... New Business Expiring Coverage Information - see Template in Portal Documents. Include target premium. If requesting property coverage, provide a copy of the most recent appraisal. All Coveraaes 5 years of currently valued loss runs (if with Preferred less than 5 years) except XS WC, see section below Details on any claims in excess of $50,000 Premium Loss Summary (if with Preferred less than 5 years) Most recent audited financial or link to website that we can get it from Liability Coverage Policies & procedures (including incident response) related to your Sexual Abuse Prevention Program List of all Sexual Abuse claims with a Total Incurred Amount in excess of $10,000 Workers' Compensation - 1st Dollar Standalone application Employee Concentration Form Payroll Schedule by Class Code Aviation supplemental if aviation class code requested Worker's Compensation - SIR/ Excess coverage included in Package application 10 years of currently valued loss runs (if with Preferred less than 5 years) Employee Concentration Form Payroll Schedule by Class Code Aviation Supplemental if aviation class code requested Employment Practices Liability Employee Handbook Educators Legal Liability Student Handbook Automobile Liability 15 Passengers Vans older than 2006 - Copy of safety policy/procedures for Van usage Property/Automobile/Inland Marine Schedules in the Preferred template -End ofApplication- 1076 JOY, / qY � � s w� y ' �j „, r " 47, my n ��/�iiiiii/i �, �, '� .;Gr 'ti •. a..I ' � a O U) N p U (u C 0 O L �_ L CU L- =5 CD .0 O— .E c :3 O 0 -�e cu c c M � ~ O E cB Iz� L— NU- _O N p LL U cna�� L m O cuLO cuQ -0 O L �0 �+ 0- fn 70 I..L � H +� LL cc:Q -0 3:,-:" U U o lu N u) E N j 5 cu oU' H w ti 0 T I CD 00 ZO LLJ 00 ................. . 8 8 B2, . . C� q 8 'i i 66. o C5 Fdo < � g g g Yr z ry di CL xz E O I - E -5 E�2 46 (U > & — '00; L op- "4 44 2 0 E > 0 Q as -Fi it 24 n 5 G a z CD 00 UQ T O O T L E U O `n L 70 OO 0 -+ y L (3) c� UQ T O O T E U O `n L v, o U� L (3) c� UQ T O O T Q O O L QL Q o UQ T O O T N O O T 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. 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 AMP Warehouse Storage Building (CDPA 23-010) Requested Action: Approve request for a Community Design Appeal (CDPA 23-010) of Part III, Chapter 4, Article III, Section 3.A. "Architectural Enhancements" requirement to provide architectural enhancements to the north and south fagades; relief of Part III, Chapter 4, Article III, Section 3.13. "Exterior Treatment and Finishes", requiring buildings to be finished in brick or brick veneer, stone or stone veneer, stucco, and split face (accent only), pre -formed, or textured masonry block; relief of Part III, Chapter 4, Article III, Section 3.H. "Downspouts", requiring external downspouts to be enclosed within the building structure. Explanation of Request: The application submitted for Community Design Appeal (CDPA 23-010) is pursuant to Part III. Land Development Regulations (LDR), Chapter 4, Article III, Section 3.A. "architectural enhancements" requiring architectural enhancements to avoid the appearance of a blank wall, and Chapter 4, Article III, Section 3.B. "exterior treatment and finishes" requiring buildings to be finished in brick or brick veneer; stone or stone veneer; stucco; and split face (accent only), pre -formed, or textured masonry block. Additionally, the application requests relief from LDR Chapter 4, Article III, Section 3.H. "downspouts", requiring external downspouts to be enclosed within the building structure. Any deviation from the exterior building and site design standards is subject to review and approval by the City Commission. The strict application for a proposed development, in this instance, would prohibit the allowance of the pre -fabricated metal building as the exterior finish material which is non-compliant with the allowable materials set forth in the aforementioned LDR section. In addition, due to the nature of the pre -fabricated building, the applicant is unable to enclose the downspouts within the building structure, and architectural enhancements, alternations, and modifications to the building design would not be approved by the manufacturer and could potentially pose a risk to the structural integrity of the building. In lieu of providing an exterior finish that complies with the requirements outlined within the LDR, the applicant proposes alternative architectural fagade treatments and site improvements to ensure that the design meets the intent of the LDRs. This request was approved by the Planning & Development Board on August 22, 2023. How will this affect city programs or services? N/A Fiscal Impact: N/A 1083 Attachments: CDPA 23-010 Staff Report FINAL.docx Exhibit A - Location Map.pdf Exhibit B - Justification Statement.pdf Exhibit C - Site Plan.pdf Exhibit D - Architectural Plans.pdf Exhibit E - Landscape Plan.pdf Exhibit F - Conditions of Approval.pdf CDPA 23-010 Development Order.pdf STAFF Presentation 870 W Industrial Ave 8.22.23.ppt APPLICANT Presentation 870 W Industrial Ave.pdf Notarized Affidavit - Required Notice.pdf 1084 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-026 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan, AICP, LEED AP Planning and Zoning Director FROM: Craig Pinder, Planner II DATE: August 22, 2023 PROJECT: AMP Warehouse Expansion CDPA 23-010 REQUEST: Approve request for a Community Design Appeal (CDPA 23-010) of Part III, Chapter 4, Article III, Section 3.A. "Architectural Enhancements" requirement to provide architectural enhancements to the north and south fagades; relief of Part III, Chapter 4, Article III, Section 3.B. "Exterior Treatment and Finishes", requiring buildings to be finished in brick or brick veneer, stone or stone veneer, stucco, and split face (accent only), pre -formed, or textured masonry block; relief of Part III, Chapter 4, Article III, Section 3.H. "Downspouts", requiring external downspouts to be enclosed within the building structure. Property Owner: AMP II Holdings LLC Applicant: Chris Angelo, AMP II Holdings, LLC Agent: Fernando Nunez, Architectural Consulting & Design, Inc. Location: 870 W. Industrial Avenue (Exhibit A) Site Details: The applicant has submitted development applications for a Minor Site Plan Modification and Community Design Appeal to construct an 8,250 square foot one-story prefabricated metal building for use as a storage and other site related improvements, to support the business operations within the existing 16,436 square foot one-story warehouse building. The proposed site plan depicts the placement of the proposed building in the rear of the property, partially behind the existing building. 1085 AMP Warehouse Expansion (CDPA 23-010) Memorandum No PZ 23-026 Page 2 BACKGROUND AND ANALYSIS The application submitted for Community Design Appeal (CDPA 23-010) is pursuant to Part III. Land Development Regulations (LDR), Chapter 4, Article III, Section 3.A. "architectural enhancements" requiring architectural enhancements to avoid the appearance of a blank wall, and Chapter 4, Article III, Section 3.13. "exterior treatment and finishes" requiring buildings to be finished in brick or brick veneer; stone or stone veneer; stucco; and split face (accent only), pre -formed, or textured masonry block. Additionally, the application requests relief from LDR Chapter 4, Article III, Section 3.H. "downspouts", requiring external downspouts to be enclosed within the building structure. Any deviation from the exterior building and site design standards is subject to review and approval by the City Commission. As depicted on the site plan (Exhibit "C"), the pre -fabricated metal building is proposed toward the rear of the site, and is partially obstructed from view by the existing warehouse building. The applicant has submitted a Justification Statement (Exhibit "B") dated July 10, 2023 addressing each of the following review criteria for such applications: a) Whether the proposed request will demonstrate consistency with the Comprehensive Plan; b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; c) On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed, d) Whether the proposed request is intended to save or preserve existing trees or desired flora; e) Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; 1J Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; h) Whether the proposed request is necessary to further the objectives of the City to assist with economic development and business promotion; and i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The building site totals approximately 62,683 square feet (1.439 acres) with developed industrial properties to the north, W. Industrial Avenue to the west, then developed single-family residential properties farther to the west, developed industrial properties to the south, the CSX railroad to the east, then the right-of-way for 1-95 farther to the east. The proposed pre -fabricated metal building is a one-story structure that will be utilized for the storage of manufactured products relating to the operation of the existing warehouse and will not contain any offices, restrooms, or any other accessory spaces. As shown on the architectural elevations, the proposed exteriors of the building will have a metal finish on all C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E40BC234\@BCL@E40BC234.docx 1086 AMP Warehouse Expansion (CDPA 23-010) Memorandum No PZ 23-026 Page 3 elevations, with the west elevation visible from W. Industrial Avenue and the north and south elevations visible from the adjacent developed industrial properties. The strict application for a proposed development, in this instance, would prohibit the allowance of the pre -fabricated metal building as the exterior finish material which is non-compliant with the allowable materials set forth in the aforementioned LDR section. In addition, due to the nature of the pre -fabricated building, the applicant is unable to enclose the downspouts within the building structure, and architectural enhancements, alternations, and modifications to the building design would not be approved by the manufacturer and could potentially pose a risk to the structural integrity of the building. In lieu of providing an exterior finish that complies with the requirements outlined within the LDR, the applicant proposes alternative architectural fagade treatments and site improvements to ensure that the design meets the intent of the LDRs. The applicant proposes the following treatments: Architectural Treatments: The proposed building will include decorative bahama style shutters on the west and east elevations; a decorative louver, decorative 48 -inch high stucco veneer, and decorative pre -finished metal banding facing W. Industrial Avenue; and the building will be painted with a total of four (4) colors that complement the existing warehouse. (Exhibit "D") Site Improvements: The applicant proposes 1) landscaping comprised of trees, shrubs, and groundcover on both sides of the project entrance, 2) additional trees and a continuous hedge along the south property line where feasible, and 3) trees and a continuous hedge along the east and north property line in an effort to further screen the building from view and to bring the landscaping into compliance with the LDR landscape requirements. (Exhibit "E") The proposed architectural facade treatments and landscape material will allow for the pre- fabricated metal building to meet the intent of the community design standards outlined within the LDR. In addition, the proposed building, set back to the rear of the property, is not visually a departure from the surrounding developments and will be further screened by the existing warehouse and proposed landscaping. RECOMMENDATION Staff has reviewed this request for Community Design Appeal and recommends APPROVAL based on the analysis contained herein. Staff does not have any conditions for the requested relief, however, any conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval in Exhibit "F". C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E40BC234\@BCL@E40BC234.docx 1087 1088 22-0616 American Molding & Plastics - Minor Site Plan Modification - Justification Statement 041123 Exhibit B Boynton Beach, Florida ARCHITECTURAL CONSULTING & DESIGN, INC. ARCHITECTURE INTERIORS PLANNING OWNER REPRESENTATION July 10, 2023 City of Boynton Beach Planning & Zoning 100 East Ocean Avenue Boynton Beach, FL 33435 Phone: 561-742-6000 Applicant: American Molding & Plastics, LLC Attn: Chris Angelo 870 W Industrial Ave, Unit 11 Boynton Beach, FL 33426 Email: cangelo@americanmoldingandplastics.com Re: Community Design Appeal - Justification Statement Minor Site Plan Modification — American Molding & Plastics - Application Number: MMSP 22-017 Attn: Mr. Craig Pinder, City Planner II Our office has been retained by American Molding & Plastics, Inc.(AM&P), applicant, for the purpose of applying for city approval to modify an existing site plan for a property identified by PCN: 08-43-45-20- 20-000-0020. The proposed modification consists primarily of the addition of an 8,250 SF pre- engineered single story metal building in the back of the property as shown in the submitted plans. The basis for our appeal request is regarding two (2) City of Boynton Beach Ordinances. 1. Part III, Chapter 4, Article III, Section 3, B states: B. Exterior Treatment and Finishes. Exterior building finishes shall be limited to: 1. Brick or brick veneer; 2. Stone or stone veneer; 3. Stucco; and 4. Split face (accent only), pre formed, or textured masonry block. ARCHITECTURAL CONSULTING & DESIGN, INC. - AR 81785 - PHONE: 581.350.1898 - WEB: WWW.ARCH-CD.NET 1089 22-0616 American Molding & Plastics - Minor Site Plan Modification - Justification Statement 041123 Boynton Beach, Florida 2. Part III, Chapter 4, Article III, Section 3, H states: H. Downspouts. External downspouts shall be enclosed within the building structure on any building elevation visible from areas within the property accessible by the public, from adjoining properties within the some master development ( including drive aisles and parking facilities), and from public rights-of-way. Downspout enclosures shall be incorporated into the design of the building and be complimentary to architecture. For example, downspouts may be enclosed in columns or pilasters if such features are used elsewhere on the building, or are consistent with the building's architectural style. 3. Part III, Chapter 4, Article III, Section 3, A states: A. Architectural Enhancements. Facade articulation adds architectural interest and variety to the massing of a building and prevents a plain, monotonous facades. A variety of features must be incorporated into the design of the buildings to provide sufficient articulation of the facades. This may be achieved by incorporating the use of vertical and/or horizontal reveals, stepbacks, modulation, projections, roof detailing, and three dimensional details between surface planes to create shadow lines and break up flat surface areas. A minimum of three (3) of the following architectural enhancements or other similar treatments shall be integrated into all applicable building facades to avoid the appearance of a blank wall: 1. Columns or pilasters; 2. Decorative cornices; 3. Horizontal banding; 4. Arches; 5. Decorative vents or louvers; 6. Moldings and trims; 7. Decorative shutters; 8. Bay windows; 9. Faux windows; 10. Art elements; and 11. Canopies, balconies, overhangs, and other horizontal projections. In addition, multi- story buildings shall incorporate these design features in conjunction with the architectural enhancements listed above within this subsection. The city code does not list metal cladding or siding as an approved exterior treatment and finish. It is our understanding that the site is zoned M1- Light Industrial and the proposed project is being used as a manufacturing and storage facility which will remain as its primary use. The proposed metal building is intended to store manufactured products relating to the operation of the existing facility and is located in the rear of the property. Please refer to site plan in figure 1.1 regarding the placement of the buildings. The applicant is also requesting relief in regards to architectural enhancements on 3 of the 4 facades of the new building. The three (3) sides for which relief is being sought is for those not visible from the right-of-way. The intent of the code can be better met through the implementation of new landscaping, site lighting, and other more beneficial items as presented in this justification letter. ARCHITECTURAL CONSULTING & DESIGN. INC. - AR 91765 - PHONE: 561.350.1896 - WEB: WWW.ARCHCD.NET 1090 22-0616 American Molding & Plastics - Minor Site Plan Modification - Justification Statement 041123 Boynton Beach, Florida Fig 1.1 EXISTING BUILDING PROPOSED BUILDING The proposed structure will be used only for storage. It will not contain any offices, restroom, or any other accessory spaces. It is not used for display or gathering or any other function that will be accessible to the public. This request for relief precludes the implementation of interior gutters. The metal building manufacturer will only warranty assemblies that are comprised of their proprietary kit of parts. Any modifications or alterations would void the warranty and subject anyone who requires and/or performs these modification to be liable for any failure resulting from the modification. Per the manufacturer, alterations to the manufacturer approved design would compromise the building envelope and likely result in water intrusion into the building. By definition, pre -manufactured metal buildings are designed by the manufacturer and it is not common practice for those who purchase them to modify or alter the integrity of the building envelope. In accordance with the review criteria of Chapter 2, Article II, Section 4.13.3 of the City's MRS, Petitioner will demonstrate below that the Community Design Appeal: (a) is consistent with the Comprehensive Plan; (b) will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; (c) is consistent with the purpose of the standard for which a deviation is requested and will equally or better meet the purpose of the standard; (d) is intended to save or preserve existing trees or desired flora (e) will not have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) will not have an adverse impact on property values of abutting or adjacent land; (g) will not seriously reduce the quality or quantity of light and air available to adjacent properties; (h) is necessary to further the objectives of the City to assist with economic development and business promotion; (i) meets the purpose and intent of these regulations and does not conflict with another site development standard or requirement, including sustainable development and green initiatives. In support we offer the following: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan. The future land use map denotes that the subject property is designated for light -industrial use. The proposed project is consistent with this zoning district designation. The existing building is being utilized for manufacturing and warehouse use and the proposed building is simply an extension of the warehouse component. ARCHITECTURAL CONSULTING & DESIGN. INC. - AR 91765 - PHONE: 561.350.1896 - WEB: WWW.ARCHCD.NET 1091 22-0616 American Molding & Plastics - Minor Site Plan Modification - Justification Statement 041123 Boynton Beach, Florida Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of the Land Development Regulations specified within the City's Zoning Code, Community Redevelopment Plans, Florida Building Code and subdivision regulations. —The requested Community Design Appeal is consistent with the LDRs, Florida Building Code, and subdivision regulations. Policy 1.3.1.c — Industrial category shall allow industrial uses that provide opportunities for the retention and expansion of economic activities associated with manufacturing, processing or assembly plants and their support enterprises for warehouse, storage, distribution, research and development. Development within this designation shall have a maximum Floor Area Ratio (FAR) of 0.50. Uses allowed in this land use category will be limited to, but not necessary include, the following: Manufacturing, fabrication, and processing uses; Research and Development; Wholesale, distribution, warehousing and storage; Business and repair services; Transportation, communications, and utility facilities; Limited retail sales and office uses; Fitness clubs and athletic instruction; Trade and industrial schools; Indoor entertainment; and Adult entertainment. The relief being sought will allow for the use of storage relating to an existing manufacturing building. This is consistent with the comprehensive plan. Objective 1.17 The City shall pursue economic development opportunities to support a competitive and diversified economy, and a good quality of life for residents. Measurability: Number of actions taken in accordance with the objective. The requested relief will allow the applicant to grow it's business and assist other businesses in the area by increasing the amount of consumer products available to serve the community. Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. The proposed building is necessary in order to allow the applicant to create jobs, contribute more the tax base, and accommodate market trends in terms of growth. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. The proposed project is located along West Industrial Avenue in Boynton Beach. The properties having access to this roadway are currently zoned and identified in the FLU map as light -industrial. As such, all the buildings along this street have an architectural vocabulary and character consistent with the proposed metal building. The proposed metal building will not be a departure nor significantly different than established character of the area. ARCHITECTURAL CONSULTING & DESIGN. INC. - AR 91765 - PHONE: 561.350.1896 - WEB: WWW.ARCHCD.NET 1092 22-0616 American Molding & Plastics - Minor Site Plan Modification - Justification Statement 041123 Boynton Beach, Florida The established character of the area is defined by metal buildings, awnings, banding, louvers, and many other components which are consistent with the zoning designation of light industrial use. We have incorporated many of these elements into the proposed project. The proposed metal building will have Bahama style shutters over the main entry doors facing the roadway. There is a horizontal banding at approx. 42" above finish floor along the front of the building. Although the building has functioning intake and exhaust louvers for air circulation, we have provided a decorative louver facing West Industrial Avenue to enhance the appearance of the project. As for the existing site, the proposed project will provide additional landscaping throughout the site which will reduce the existing non- conformity with the current land development code. Site lighting will now be brought up to meet existing code throughout the entire site which is a major improvement to increase safety and security to this and all adjacent properties. Another reason why the building will not detract from the appearance of the city is because the new building will be located in the rear of the property, as previously mentioned. The facade of the proposed metal building which is closest to the street is approx. 480 feet away and is partially tucked behind the existing building and a fully slatted security fence which is closed at all times and opens/closes mechanically. Also, the subject property is 105' wide and 597'deep with the narrow dimension fronting West Industrial Avenue. As mentioned previously, the location of the proposed metal building is on the opposite side of the lot from West Industrial Avenue. It is screened from view by a newly installed slatted fence screen to detract attention from the proposed metal building at the rear of the property. Refer to Figure 1.3a. Furthermore, the proposed landscape plan demonstrates all the new hedges, trees, and ground cover being provided along the West property line along West Industrial Avenue as shown in Figure 1.3b. Figure 1.3a ARCHITECTURAL CONSULTING & DESIGN. INC. - AR 91765 - PHONE: 561.350.1896 - WEB: WWW.ARCHCD.NET 1093 22-0616 American Molding & Plastics - Minor Site Plan Modification - Justification Statement 041123 Boynton Beach, Florida Figure 1.3b EX. TREES TO REMAIN, TYP. � 13 �.._. EX. i . GUARDRAIL fMo"tlSd° , EX. SOD 1 � BB f. NSSP ` lg_, \ SPv` --I---- EX.. AC � I SIS EX. C01' \. 9 SIDEWL' f L.J 1 SM 21 SB SF' 75 3 f 4 EX CARROTWOOD AND UMBRELLA TREES TO BE REMOVED, TYP. 4, M GAJ EX. PARKIN( 1.5' WIDE RfP RAP Nil 1.5 — EX. OVE �METALYC;ULVERT, TYP / c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. It would appear that the standard being appealed was implemented to promote a particular aesthetic with the intent to increase the attractiveness of new development. The applicant is aware of this criteria and has taken steps to ensure that granting relief to allow for metal buildings would be consistent with the intent of the standard for which a deviation is requested. The proposed project consists of a metal building equipped with Bahama -style shutters, decorative louvers, decorate banding, decorative trim, sustainable landscaping throughout the site, and new light poles and light fixtures on the existing and proposed buildings. See elevation rendering Figure 1.4 Figure 1.4 ARCHITECTURAL CONSULTING IN DESIGN. INC. - AR 91765 - PHONE: 561.350.1896 — WEB: WWW.ARCHCD.NET 1094 I 50' DRAINAGE EASEMENT / 22 I EX, SOD I 3f� CN` MAILBOX Im CONC. "1111 .. D C TD LJ � 13 �.._. EX. i . GUARDRAIL fMo"tlSd° , EX. SOD 1 � BB f. NSSP ` lg_, \ SPv` --I---- EX.. AC � I SIS EX. C01' \. 9 SIDEWL' f L.J 1 SM 21 SB SF' 75 3 f 4 EX CARROTWOOD AND UMBRELLA TREES TO BE REMOVED, TYP. 4, M GAJ EX. PARKIN( 1.5' WIDE RfP RAP Nil 1.5 — EX. OVE �METALYC;ULVERT, TYP / c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. It would appear that the standard being appealed was implemented to promote a particular aesthetic with the intent to increase the attractiveness of new development. The applicant is aware of this criteria and has taken steps to ensure that granting relief to allow for metal buildings would be consistent with the intent of the standard for which a deviation is requested. The proposed project consists of a metal building equipped with Bahama -style shutters, decorative louvers, decorate banding, decorative trim, sustainable landscaping throughout the site, and new light poles and light fixtures on the existing and proposed buildings. See elevation rendering Figure 1.4 Figure 1.4 ARCHITECTURAL CONSULTING IN DESIGN. INC. - AR 91765 - PHONE: 561.350.1896 — WEB: WWW.ARCHCD.NET 1094 22-0616 American Molding & Plastics - Minor Site Plan Modification - Justification Statement 041123 Boynton Beach, Florida "STORAGE BUILDING" a�sr WEST NDMICUCH, 4 L AVE UNIT I I 870 Vt[51 INUIll9INIlAI AVE UNIT WNMt I I A D426 Applicant believes the request for relief to use a material that is not only enviro-friendly, it is a material commonly used in award winning architecture. A metal building can be as exciting and desirable as a stucco, block, or brick building. And the opposite is also true. Therefore, the proposed request to deviate from the standard is not a request to lower the existing standard. It is merely a request to allow for the use of a material that is frequently used and celebrated in award winning architecture. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. Approval of the requested community design appeal will not have an impact of existing trees or desired flora. The project for which the requested relief via a waiver is intended includes landscape and irrigation plans which will enhance the existing property not only in the back of the property where the proposed building but also along the front of the property which will result in the proposed project being a welcomed enhancement to the city and the neighboring properties. Refer to Landscape Plan Figure 1.5. Figure 1.5 ARCHITECTURAL CONSULTING & DESIGN, INC. - AR 91765 - PHONE: 561.350.1896 - WEB: WWW.ARCHCD.NET 1095 22-0616 American Molding & Plastics - Minor Site Plan Modification - Justification Statement 041123 Boynton Beach, Florida 7777) %ISUNG ONE 51'(AY WAR"WUSE 15,®UR $F Ff I I1 Rb ut . Fr,. !. ' am n' {uue UNF 70CYRY <d: ILri.4 m e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. Approval of the requested community design appeal will not have an adverse environmental impact. The requested relief relates to the aesthetics of the proposed new building and is unrelated to any development that may have adverse environmental impacts. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. The approval of the requested community design appeal will not have an adverse impact on the property values of abutting or adjacent land. The abutting and adjacent land are also zoned M-1 light industrial. The proposed project is consistent with the currently zoned use and in alignment with the city's future land use plan. In fact, the proposed project will bring the city's vision for future development into an area that can benefit from it greatly. The new building, site lighting, and landscaping will be well received and viewed as an asset to the area in which it will be built. Additionally, the request for relief will not result in the granting of any special waiver or preferential treatment to the applicant. The immediate and surrounding area of the proposed project currently consists of many metal buildings of similar character and use along West Industrial Drive. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. The requested relief via a waiver is to allow the use of a material that is similar in opacity than the currently approved materials. Approval of the requested community design appeal will not have any impact on the quality or quantity of light and air available to adjacent properties. h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. The granting of relief to allow for the erection of a metal building within the M-1 (light industrial) zoning district will result in the implementation of many of the new design standards . The applicant will be ARCHITECTURAL CONSULTING & DESIGN, INC. - AR 91765 - PHONE: 561.350.1896 — WEB: WWW.ARCHCD.NET 1096 22-0616 American Molding & Plastics - Minor Site Plan Modification - Justification Statement 041123 Boynton Beach, Florida able to relocate product which is currently stored in the existing building into the proposed new storage building which will allow for more manufacturing equipment and employees in the main building. The cumulative effect of granting the waiver for the approval of a metal building will undoubtedly result in company growth, more jobs, more products for other businesses to sell, and more tax revenue for the City of Boynton Beach. Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. Approval of the requested community design appeal will not generate a conflict with another site development standard or requirement, including sustainable development and green initiatives. The requested relief to allow for a metal building will be also be complimentary to the other eco -friendly elements of the project required by the City's land development code. In addition to literally being the most recycled material in the world, steel is also one of the easiest materials to repurpose which means the building itself contains over 70% recycled materials. And after its useful lifespan, it can be recycled and used elsewhere. The proposed metal building for which relief is being sought is in complete alignment with forward thinking and green initiatives. The proposed project and existing building follows suit with a long list of elements which adhere to the sustainable development standards such as: energy star qualified air conditioners, cool roofs with high solar reflectance indexes, cool building colors, awnings over glazed openings, skylights for low energy consumption, LED lighting, Energy Star appliances, Efficient Water Heating, and a recycling station. It is our understanding that granting of the requested waiver will allow the applicant to best provide for the needs of its business, the neighboring community, and the manufacturing community while serving in the best interest of the city's comprehensive plan. Please advise if further clarification is needed. We look forward to your continued consideration and pending approval. Sincerely, Architectural Consulting & Design, Inc. Fernando Nunez, Architect c.c. Job File ARCHITECTURAL CONSULTING & DESIGN. INC. - AR 91765 - PHONE: 561.350.1896 - WEB: WWW.ARCHCD.NET 1097 r T 44 � m z NI >— m 1_ Z I� II D I I I � T l 90 z D z 1--.-- I F' D LSI F p � IIS ren Z I z �m O m rn O I m D D I - A i I I o m I it Mm Co. lI I PPPPPP x "" STORAGE ARCHITECTURAL F - BUILDING CONSULTING zm DESIGN, INC. 870 WEST INDUSTRIAL AVE, UNIT 11 BOYNTON BEACH, FLORIDA 33426 auouEsei....ese F,ix sei a9isew m x 0 0 > z 05 w — - — - — - — - — - — - — - — - — - — — - r fm pq. - — - — - — - — - — - — - — - — - — - — - — - - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - ®_ d 0 o a c O M M 2 ARCHITECTURAL STORAGE CONSULTING & BUILDING ry DESIGN, INC. 870 WEST INDUSTRILYL AVE, UNIT I1 BOYNTON BEACH, FLORIDA 33426 ..... F. Il101ZI h 5m � ME 0 \ ^�\ §§/ e � \ � , } ® ) )}§ 11 ITFTI e=w ME 0 \ ^�\ §§/ e � \ !!(( \\ L\ \} \ � { } \� \>� \ \ \} }\ � ; 0 \ }\ \ © \} Cr P \ _ - STORAGE ARCHITECTURAL - BUILDING CONSULTING w DESIGN, I« S. D } a WEST �: , UNIT , » _F. :BOYNTON ; 11101:11' BEACH, � wa33426 .00 90 71 w6E AO S — s-oo O �zu a3s ui wW NWoO two W zroLC ao LL it J % K � � a it w � 1 - = 1 0 — O OO LU z i � 1 d 1 ap Ij� —o\II — _. �1 S �• '^ 3 — 05 5 Q — �� k= a3 5 — r k s O LLI o� .00506 M.l V.lv AO 1 +o J 6 Bea 5 3o S G � �5 � s WEST INDUSTRIAL IN/E= � epholj `yOeas uOIUAO8 a��m Ueld ll!nq-sy adeOspue� �Sf10H�2�bM - 3nb' _Md JlSnON1 M OL8 4 .00 90 71 w6E AO S — s-oo O �zu a3s ui wW NWoO two W zroLC ao LL it J % K � � a it w � 1 - = 1 0 — O OO LU z i � 1 d 1 ap Ij� —o\II — _. �1 S �• '^ 3 — 05 5 Q — �� k= a3 5 — r k s O LLI o� .00506 M.l V.lv AO 1 +o J 6 Bea 5 3o S G � �5 � s WEST INDUSTRIAL IN/E= � EXHIBIT "F" Conditions of Approval Project Name: AMP Warehouse Expansion Community Design Appeal File number: CDPA 23-010 Reference: 3rd review of plans identified as a Minor Site Plan Modification submitted on July 18, 2023. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: No Comments. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: No Comments. CITY COMMISSION CONDITIONS Comments: To be determined. 1103 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: AMP Warehouse Expansion (CDPA 23-010) APPLICANT: Chris Angelo, AMP II Holdings LLC APPLICANT'S ADDRESS: 966 SE 9" AVENUE, POMPANO BEACH, FLORIDA 33060 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 14, 2023 APPROVAL SOUGHT: Approve request for a Community Design Appeal (CDPA 23-010) of Part III, Chapter 4, Article III, Section 3.A. "Architectural Enhancements" requirement to provide architectural enhancements to the north and south fagades; relief of Part III, Chapter 4, Article III, Section 3.13. "Exterior Treatment and Finishes", requiring buildings to be finished in brick or brick veneer, stone or stone veneer, stucco, and split face (accent only), pre -formed, or textured masonry block; relief of Part III, Chapter 4, Article III, Section 3.H. "Downspouts", requiring external downspouts to be enclosed within the building structure. LOCATION OF PROPERTY: 870 W. Industrial Avenue, in the M-1 (Light Industrial) zoning district DRAWING(S): SEE EXHIBITS "C", "D", AND "E" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "F" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. 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O c6 0 a� .— I O a� O O I O U O C: U U -0 ' • — O +j a) McnLn Ln 1-0 N DC N ca • t�ID CUO • =3_ .. O Ln =3 O oC •— --se C: (1)� LU (� U CO V)L/)a-J cn w DC w a) 1126 c 0 4-J m 4-j 4- 0 51,, � I., 1127 Hoz UZ, 1127 NE: Completion of Required Notice for AMP 870 Warehouse - Second Notice 4 WE330um mmup�,- �I = I / We, the undersigned do certify that to -the best of my knowledge, the attached ownership list, 400' Rad�ius Map and Mailing Labels are a complete and accurate representation of the real estate property and property owners within at Property Appraiser's Office. Sincerely Signature of Applicant / Age4 Chris Angelo Print Name By, Chris Angelo ure of NoIII tary Public - State of Florida — 1z cfbEln Print, Type, or Stamp, Commission Nome of Notary Public V Physical Presence * PersonaIly Known * Online Notarization o/ Produced Identification, Type of Identification Produced: 07MO 6 WELA MORALES 4,17- sotary Pubk - State of F�ohda COMMiSsior t HH 2511,46 Nky Comm. ExpVes Apr 10, Z026 6 CITY OF BOYNTON BEACH NOTICE OF PUBLIC HEARINGS NOTICE OF MINOR SITE PLAN MODIFICATION NOTICE OF COMMUNITY DESIGN RELIEF APPEAL NOTICE IS HEREBY GIVEN that the Planning & Development Board of THE CITY OF BOYNTON BEACH, FLORIDA will conduct a PUBLIC HEARING on Tuesday, August 22, 2023 at 6:30 p.m., and the City Commission will conduct a PUBLIC HEARING on Thursday, September 14, 2023 at 6:00 p.m., to consider the request submitted by Chris Angelo of American Molding & Plastics, LLC. The hearings will be held at Boynton Beach City Hall, 100 East Ocean Avenue, Boynton Beach, Florida 33435 (see IMPORTANT NOTICE below). The requests are described as follows: LOCATION: 870 West Industrial Ave, Boynton Beach, Florida 33426 REQUESTS: Minor Site Plan Modification (MMSP 22-017) and Community Design Relief Appeal Proposed Use: Addition of an 8,250 Square Foot, Single Story, Storage Warehouse Building in the back of the property as shown on the submitted plans. LEGAL DESCRIPTION: On file in the Office of Planning and Zoning. PCN: 08-43-45-20-20-000-0020 This request can be viewed Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Ocean Avenue, 33435. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose 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. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an 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 at (561)742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. IMPORTANT NOTICE: Due to the COVID-19 Pandemic, City meetings have been conducted in virtual style using one or more means of communication media technology. These meetings may also be conducted in virtual style. For the latest information on how these meetings may be conducted, go to www.boynton-beach.org. City Commission meeting and registration information can be found at w.boynton-beach.org within the "GOVERNMENT" pulldown menu. Select "City Commission". Registration is required forjoining the Commission meeting via the GoToWebinar platform. Information on accessing the meeting and providing public comment prior to, or during the meeting is all available at the City's website. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561)742-6260 1129 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. 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Proposed Ordinance No. 23-016- Second Reading - Amending Chapter 27, "Advisory Boards and Committees." Requested Action: Approve amendments to Chapter 27, "Advisory Boards and Committees" of the Code of Ordinances of the City of Boynton Beach. Explanation of Request: On June 2, 2020, Ordinance 20-016 was passed, creating Chapter 27 "Advisory Boards and Committees" with the intent to consolidate all of the references to advisory boards into one section of the City Code. Based on consensus and direction from the City Commission on July 18, 2023, the proposed ordinance is being brought forward for first reading to update and standardize language in Chapter 27 of the City Code. How will this affect city programs or services? This ordinance will allow for more effective administration of City Advisory Boards. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Second Reading Advisory Boards and Committees (Chapter 27) 2023.pdf 1130 1 2 ORDINANCE NO. 23-016 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING CHAPTER 27, "ADVISORY BOARDS AND 6 COMMITTEES" OF THE CITY OF BOYNTON BEACH CODE OF 7 ORDINANCES; PROVIDING FOR UPDATING OF OUTDATED 8 LANGUAGE, STANDARDIZATION OF APPOINTMENT AND 9 REMOVAL PROCESS FOR REGULAR AND ALTERNATE 10 MEMBERS, QUALIFICATIONS FOR CITY ADVISORY BOARD 11 MEMBERS, AND CLARIFYING DUTIES AND RESPONSIBILITIES 12 OF CITY ADVISORY BOARDS; PROVIDING FOR CONFLICTS, 13 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 14 15 WHEREAS, On June 2, 2020, the City of Boynton Beach City Commission adopted 16 Ordinance 20-016, creating Chapter 27 "Advisory Boards and Committees" with the intent to 17 consolidate all of the references to advisory boards into one section of the City Code of 18 Ordinances; and 19 WHEREAS, upon a review of report from City Administration, and discussion at the 20 July 18, 2023 City Commission meeting, the City Commission finds that it would be in the best 21 interest of the City of Boynton Beach to update the City's ordinance provisions related to the 22 various advisory boards working on behalf of the City, and to standardize language related to 23 the appointment and removal of advisory board members as provided in Chapter 27 of the 24 City of Boynton Beach Code of Ordinances; and 25 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 26 residents of the City of Boynton Beach to amend Chapter 27, "Advisory Boards and 27 Committees," of the City of Boynton Beach Code of Ordinances, as hereinafter referenced. 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, THAT: 30 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 31 herein by this reference. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 1 1131 32 Section 2. That Part II, Chapter 27, "Advisory Boards and Committees", of the City 33 of Boynton Beach Code of Ordinances, be, and the same is hereby amended to read as follows: 34 ARTICLE I. IN GENERAL 35 36 Sec. 27-1. City boards and committees defined; generally. 37 (a) Board shall refer to a group of individuals appointed by the City Commission for the 38 purpose of providing advisory assistance to the Commission. No board shall have 39 administrative authority over any department of the city. 40 (b) Committee shall refer to a group of individuals appointed by the City Commission to 41 provide advisory authority on a single subject or issue matter. The City Commission may 42 establish a sunset date for each Committee. Terms board or committee may be used 43 interchangeably herein. 44 (c) The provisions of Chapter 27, Article I, shall apply generally to all city advisory boards 45 and committees unless stated otherwise within applicable law, Florida Statutes, or the Boynton 46 Beach Code of Ordinances. 47 (d) Retroactive effect. To the extent permitted by law, all of the provisions within Chapter 48 27, shall apply to acts and actions occurring or in progress prior to its adoption by the City 49 Commission. All matters pending before the city boards and committees at the time of 50 effective date of this chapter shall continue unabated and be taken up as scheduled before 51 the respective board and committee. 52 53 Sec. 27-2. Board or committee member selection; organization; qualifications; term. 54 (a) No person shall be appointed as a member or alternate member to a city advisory board 55 or committee without the person first submitting an application for appointment. All 56 applications for appointment to a city board shall be on a form authorized by the City CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. N 1132 57 Commission. The City Clerk shall review all applications for completeness and qualifying 58 requirements prior to submitting them to the City Commission for consideration. 59 (b) Selection of chair and vice -chair. The chairperson and vice -chairperson for each board 60 shall be selected annually by each boards however, the City Commission must ratify the 61 selection. 62 The duties of the chair shall be to preside at all board meetings. The 63 vice -chair shall perform the duties of the chair in the chair's absence. The City Commission 64 may remove the chair or vice -chair from their position of chair or vice -chair at any time by 65 majority vote of the City Commission. The removal of the chair or vice -chair from the board 66 shall be done pursuant to Sec. 27-5. City CemmissieR may Fetair +h., hl,arrlM.. Pem.h„r e +he 68 (c -g) Regular members. City boards and committees shall be composed of seven regular 69 members and two alternate members, except as may be provided for by Florida Statutes, 70 Special Act or Resolution of the City Commission or elsewhere within the Code of Ordinances 71 of the City of Boynton Beach. 72 (1) Term of service. All regular member appointments shall be for a two-year period. 73 unless a shorter term is required in order for an appointed term to end on a March 31 74 in order that appointments may be made in April. 75 (24) The City Commission shall review applicants and staff recommendations to fill 76 vacancies on city boards every April or as soon thereafter as practicable. 77 (3) Commencement of terms. All board and committee appointments shall commence at 78 on the date of appointment by the City Commission. 79 (42) Service beyond e€xpiration of terms. In the event appointments are not made prior 80 to the expiration of a term, members shall serve until their successors are appointed by the 81 City Commission. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 9 1133 82 (5-3) The terms of office of the board members shall be staggered so no more than one 83 half# 4d of the board is appointed or replaced in any 12 -month period. 84 (64) The current term of all board members whom have been appointed prior to 85 September 5, 2023 shall continue uninterrupted until the expiration of said term, or for those 86 board members whose term had expired prior to September 5, 2023 until their successors are 87 appointed by the City Commission. 88 -(dc-) Alternates. The City Commission shall appoint two individuals to serve as alternate 89 members for each board. Alternate members may participate at board meetings in the place 90 of absent board members or recused members, to the same extent as regular members. In the 91 event a vacancy occurs on a board, the alternate shall assume the role of a regular board 92 member for the remainder of the abandoned term or until the City Commission appoints a 93 replacement regular member, whichever occurs first. 94 (1) The term for alternate members shall be for one year. 95 (2) Alternate member appointees may be reappointed for one additional one year term. 96 (3) Notwithstanding any other provision of city code or procedural rule, no alternate 97 member of any city board may serve in the capacity of chairperson, vice chair, or chair pro - 98 tem. 99 00 01 02 nrdipapreess of the City of R(,,,Y teR B ,&l 03 (e) Quorum. The presence of four members or alternate members shall constitute a 104 quorum for each advisory board and committee with seven regular members. Where an 05 advisory board or committee has a different number of less than seven regular members, the 06 attendance of regular and alternate members representing_a simple majority of the number 07 of regular members of such advisory board shall constitute a quorum. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. M 1134 08 (f) Qualifications. Members and alternate members serving on advisory boards and 1109 committees shall possess sufficient knowledge, experience, judgment or background 10 necessary to competently serve the board or committee to which they are appointed. 11 Members and alternate members must also meet any specific qualification requirements for 12 their advisory board. 113 (1) In order to qualify for appointment to and to serve as a member of any board or 114 committee of the city, an individual must be an elector of Palm Beach County, Florida. 115 (2) In selecting individuals to serve on boards and committees of the city, preference shall 16 be given to individuals who are residents of the City of Boynton Beach, provided however, 1117 non-residents who own property in the city, own a business within the city, or serve as an 118 officer, director or manager of a business located within the city may also qualify for 19 appointment provided they possess qualifications or experience required by the Uniquely 20 board or committee to which they are 21 appointed, provided that residency within the City is not required by ordinance or law4as 22 subjeEt matter review eF powe . 23 (3) Individuals may not serve on more than one advisory board at a time. 24 individ-H-As te serve en beards and Eemmittees ef the Eity, prefeFenEe shall be given te 25 Ad*V*d- AIS "„he de Ret r Rtl y serve -Re ., of+he city's h�r.J� 26 ---�4) Ceneurrept service A -R eity beards -;;Ad- Eernlmlittees sh-all be permitted „ri,, to tl 27 exteRt Recessary. if a beard Member helds a pesitieR A -.p -;; beard that r-se-Rd-HEts "quasi judicial 28 29 A_theF _adyiseFy beard that has srpilaF q _ � �.dieial 30 . 31 32 _01111-11-81-16-8-1-1918-114 Of t@FFAS. All 198611561 and EangpAittee appointments 33 CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 5 1135 43 (_.-h) Term limits. 44 (1) No member or alternate member shall be appointed for more than two successive 145 terms (original term, plus one additional term). A member who has been appointed to fill an �L46 unexpired term shall remain eligible to serve two full twe-year successive terms. 11147 (2) Upon completion of the maximum allowable two full terms of membership, no 48 member or alternate shall be eligible for reappointment to the same advisory board or--a� 49 committee for a period of one year . 50 (+h) Reorganization. In the case of creation of a new board or committee or the 151 reorganization or reconstitution of an advisory board or committee, three members shall be 152 appointed for an initial term of one year, with the balance of the members being appointed 153 for an initial term of two years. Thereafter, all appointments shall be for two years. 54 Sec. 27-3. PrequeRey e ^Meetings. 55 LaL_—Unless otherwise stated in Chapter 27, all advisory boards and committees shall meet 56 once a month; provided that meetings may be cancelled by the City Manager or 57 designee. Board or Committee Meetings may be cancelled by the board liaison due to a 58 lack of business or quorum. Special meetings may be called by the city manager or board 59 chairman. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. "N 1136 60 ka4(b) All meetings of advisory boards and committees shall be public meetings. 1161 162 Sec. 27-4. Absences. .63 . .64 (a4) When a member of any advisery board or committee that has regularly scheduled .65 meetings once a month, has missed three Feg laF m^R+h y meetings for any reason within gany .66 one year period during his or her term, that Me.mher v„ii ho r„+;fied that one .67 additional absence will cause his or her board membership to be terminated. Thereafterfere, .68 the fourth absence within one annual board term shall result in automatic removal from the .69 board by ministerial action of the City Clerk, and the member will not be eligible to reapply .70 for any ady+sef�Lboard or committee for a period of twelve (12) months from the date of the .71 fourth absence. .72 (b2) These beards OF EefflFnittees that have regulady SEhedid led meetings Fnere than enEe .73 a menth shall be peFn9itted te have six abseREes duFing aRY ene annual beaFd terng. —The .74 .75 Goty GleFlE. .76 ) €)EcUsed-a bseR cam. .77 .78 .79 beard r_-hairnnap shall have the peweF te excuse -ap -AbseRt beard meRA-he.ro IR the eveRt the .80 .82 (22) An absence may be excused due to one of the following: .83 a. PeFSORal illness „ .85 ae. Death in the family, or; CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 7 1137 L86 d. Emergen 87 be. Maternity leave 88 f. Military 89 Sec. 27-5. Removal; abandenment7 YaEaREY., 90 (a) All city board members and alternate members serve at the pleasure of the City 191 Commission and may be removed with or without cause at any time by a majority vote of the 192 City Commission, unless otherwise provided by the Charter or Florida Statutes. 93 (b) Notice of removal. A written notice of removal shall be served upon the city board 94 member or alternate member who has been removed YpeR the diro,-+;„n of -a Y, ajeFity of 95 the City Commission. The retic„ of rerneval shall be p ed by the E,+., .,+terney and signed mayor,96 by-t4e 97 (1) Service of notice. The notice of removal shall be served by personal delivery, electronic 98 mail, -or by ordinary first class mail. Service shall be accomplished as soon as is practicable 199 after the City Commission directs service of the notice of removal or, in the event of 200 abandonment of office, after the city manager or designee issues the notice of removal. 201 (2) Effective date of removals. Removal of a city board member shall have immediate 202 effect upon the vote of a majority of the City Commission. 203 (3) A person who is removed from a city board pursuant to the procedures set forth in 04 this section shall not be subject to reappointment to any city board for a period of 36 months 05 from the date of the removal. 06 (c=) Aba „-J.,Y,Y,- eRt in the ! Y,+ „f ah-,ndler,m e.pt of eff rCthe—Retics_- 6# uir 0p7 09 Sec. 27-6. (d) Vacancy. The City Commission shall fill any vacancy as soon as practicable 10 after the vacancy. Where a vacancy is caused by the resignation or removal of a member prior 211 to the expiration of their term, a member shall be appointed to complete the unexpired term CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 1138 12 only, unless the unexpired term is for a period of time less than six months in which case 13 that the appointed member shall then be allowed to serve the following full regular 214 term without reappointment. 215 16 Sec. 27-76. Rules and procedures. 17 (a) Each board or committee may make and adopt priorities, by-laws, rules and regulations 218 for their own guidance and for the government and performance of its duties. Subject to the 219 approval, supervision and control of the City Commission and not inconsistent with law. 220 (b) Boards shall keep minutes of their proceedings; record the vote on each 21 questie motion; and, keep records of their discussions, recommendations, and other official 222 actions. 23 24 25 (d) All beard n9eetings shall be epen te the pi 226 227 Sec. 27-7. Powers. 228 (a) Nothing in this article shall be construed as restricting or curtailing any of the powers 229 of the City Commission, or as a delegation to the board of any of the authority or discretionary 230 powers vested and imposed by law in the City Commission. The City Commission declares that 231 public interest, convenience and welfare requires the appointment of the following boards or 232 committees to act in a purely advisory capacity to the City Commission for the purposes set 233 forth in this article. Any powers delegated here to the board to adopt rules and regulations 234 shall not be construed as a delegation of legislative authority, but purely of administrative 235 authority. 36 LLL-4-�--No member or alternate member of a board or committee shall receive any pay 37 or compensation for any services rendered as a member of such board. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. E 1139 38 (c) A board or committees may acquire by gift or donation, any property related to the 39 subject matter of the respective board or committee. Any gifts or donations acquired 40 shall require prior acceptance by the City Manager or designee and shall become the 41 property of the city, and title of any real property so acquired shall be taken in the name 42 of the city. 43 {q�-(c) All references to the Planning and Development Board as covered in Chapter 2, Article 44 I, Section 3 of the City's Land Development Regulations, as amended from time to time, 45 have no further application to the land development application process. The Planning 46 and Development Board's review of land development applications are not a 47 precondition to the City Commission's review and approval of any land development 48 application. 49 (E) EaEh bE)aFd shall peFi0dically advise the City Commi5sien of its findings with FeSpeEt tO 50 51 52 the City Cemmissien by speEifiE Feselutien. 253 254 Sec. 27-8. Quasi-judicial proceedings before city board; procedure for reconsideration of 255 decision. 256 (a) For the purpose of this Chapter, the term quasi-judicial proceeding shall mean hearings 57 before the Historic Preservation Board, the Planning n,,yelepmeRt BeaFd 6 -r --the Building 58 Board of Adjustments and Appeals, or the City Commission related to the following specific 259 types of proceedings: variances; rezoning requests; appeals from administrative decisions of 260 the building official or the planning director; master plan approvals; site plan approvals; 261 modifications of site plans; relief from code requirements; conditional use approvals; site plan 262 extensions; abandonment applications; and, other land development matters 63 requiring^pe flE� quasi-judicial hearings pursuant to law. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 10 1140 264 (b) Quasi-judicial hearings shall be conducted in a manner which provides all interested 265 parties with the opportunity to testify, call witnesses, introduce evidence and cross-examine 66 witnesses. An "interested party" means a party to whom mailed notice was required to be sent 67 for the quasi judicial hearings. 68 (c) Testimony shall be under oath or affirmation. When a proposed development order 269 comes before the City Commission having first been afforded a quasi-judicial hearing before 70 a city board, the testimony presented, and +„ a Eity beaFd rs+;tutes r,r+ 71 fthe reEerd ef tes'and evidenee befere— the -City CemmissealI documents and 72 evidence that were submitted, to the board constitute part of the record of the proceeding 73 before the City Commission and it is presumed that the City Commission accepted and 74 considered the documents and evidence in its consideration of the issues before the 75 Commission. 276 77 (de) Ne quasi jHdiEial pFeEeedinq shall PFeEeed untilP-Proof of notice of the proceeding, in 78 affidavit form, must bei -been filed with the office of the city clerk prior to the hearing. Proof 279 of notice must include the name and address of each property owner to whom notice was 280 mailed and a photograph of each sign posted, as hereinafter required. The following notices 281 must be paid for and provided by the applicant: 282 (1) All property owners, homeowner associations, and condominium associations that 283 own property within 400 feet of the boundary line of the property which is the subject of the 284 quasi-judicial hearing shall be mailed, by first class mail, a notice of hearing postmarked no 285 less than 10 calendar days prior to the hearing. 286 (2) One sign for each street frontage of the property shall be posted no less than 10 days 287 prior to the hearing. The sign shall be legible from a distance of 100 feet and shall contain a 288 description of the approval being sought, the date, time and location of the hearing, and a CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 11 1141 289 statement that the application being considered is available for inspection in the Development 290 Department of the city. 291 (3) When a quasi-judicial hearing is tabled or continued at the request of an applicant, 292 re -notice of the hearing shall be provided by the applicant in the same manner as original 93 notice` provided that if the item is tabled or continued by a motion of a board or City 94 Commission at a properly noticed hearing to a date and time certain, re -notice is not required. 95 A matter may only be tabled or continued one time without re -noticing the item. 296 (d) The City Commission may reconsider its decision arising from a quasi-judicial 297 proceeding only upon a motion to reconsider made at the meeting at which the decision was 298 rendered or during the next regular City Commission meeting. No quasi-judicial decision shall 299 be considered final until the conclusion of the next City Commission meeting, or if a motion 300 to reconsider has been made and passes, the conclusion of the reconsideration of the matter, 301 and the entry of a written order approved by the City Attorney and signed by the City Clerk. 302 (1) When a motion for reconsideration is made and approved at the Commission meeting 303 at which the decision was rendered, the Commission may immediately reconsider the matter 304 before them or, the Commission may reconsider the matter at a later time certain which shall 05 be announced, at the meeting, to the applicant and the public in which case n—.No additional 306 notice of the matter shall be necessary. 307 (2) When a motion for reconsideration is made following the close of the Commission 308 meeting at which the decision is made, only the motion to reconsider shall be heard at the 309 next regular City Commission meeting. If the motion to reconsider is adopted by the 310 Commission, the matter which is the subject of the motion to reconsider shall be placed on 311 the next regular City Commission meeting agenda. The agenda item shall be noticed in the 12 same manner as the notice provided when the item was originally considered at the applicant's 13 cost. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 12 1142 14 (3e) Any board may reconsider its decision arising from a quasi-judicial proceeding only 315 upon a motion to reconsider at the meeting at which the decision was rendered. 316 Sec. 27-9. Boards and committees to follow CCNA. 317 Any city boards or committees and the like which have purchasing authority independent 318 of the City Commission, the purchases of such bodies which are subject to the Consultants' 319 Competitive Negotiation Act ("CCNA") shall be processed in accordance herewith; however, 320 the board or committee, or the like will itself perform the functions set forth herein that are 321 otherwise applicable to the City Commission. 322 Secs. 27-10-27-19. Reserved. 323 324 ARTICLE II. BOYNTON BEACH ART ADVISORY BOARD 325 Sec. 27-20. Membership. 26 Appointees to the Art Advisory Board shall be electors and residents of the City, or owners of 27 businesses located within the Cityewners pfefefably-with a majority of members (four out of 28 7) having the following background: artist, art volunteer/activist; planner; private developer; 29 architect; or neighbeFheed a5586atiGA FnembeF7'-interestecl citizen. No more than two (2) of 30 the members may be owners of businesses located in the City who do not reside in the City. 31 Eligible residents and business owners may be appointed to the Art Advisory Board if the 32 majority of membership meets the background criteria listed above. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 13 1143 39 40 . 341 342 Sec. 27-24. Purpose and duties. 343 (a) The purpose of the Art Advisory Board is to advise the City Commission on matters 344 related to the arts, to develop a plan and programs to promote and support art in public 345 places, and to recommend guidelines and funding for implementation. It shall be the duty of 346 the Art Advisory Board to act as an advisory board to the City Commission in providing advice 347 on matters relating to the visual arts. 348 (b) The Art Advisory Board may recommend funding sources including private sources and 349 grant funds; encourage public and private partnerships in the arts; review and make 350 recommendations on proposals for art work for public buildings and public spaces; encourage 351 the flow of art into the city; stimulate art related activities and events; study issues related to 352 art and implement art programs as delegated to it by the City's Commission from time to time. 53 (c) On a monthly basis :the Art Advisory Board shall periedmEally update and advise the 54 City Commission of its findings or proposals with respect to the foregoing issues, as well as 55 any actions taken with respect to the Art in Public Places, and make recommendations to the 356 City Commission on any matter referred to it within as much time prescribed by the City 357 Commission. 358 (d) The Art Advisory Board shall have the following additional powers and duties: 59 (1) Recommend to the City Commission adoption of Art in Public Places Program 360 Guidelines and amendments thereto; 361 (2) Recommend to the City Commission adoption of a Public Art Master Plan identifying 362 locations for public artworks and establishing a priority order; 363 (3) Recommend to the City Commission authorization of expenditures for maintaining 364 and implementing the Art in Public Places Program; CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 14 1144 365 (4) Recommend to the City Commission other expenditures of the Public Art Fund such 66 as hiring staff and services to run the Art in Public Places Program; 67 (5) Advance, through education and communication, the Art in Public Places Program 68 (66§) _ Approve, approve with conditions or disapprove proposed 69 installation of artwork, including murals, to be installed pursuant to the City's Art in Public 70 Places Program that is produced by a Florida based artist, with a preference for artists located 71 in Palm Beach County, based on criteria in the Art in Public Places Picegram Guidelines. In 72 addition, prior to taking action pursuant to this sub-section, the Art Advisory Board shall 73 consider public input at a duly noticed public meeting. The Art Advisory Board's action taken 74 pursuant to this sub-section shall be subject to the right of either the Mayor or a City 75 Commissioner to file a notice of appeal regarding the action taken by the Art Advisory Board 76 pursuant to this sub-section. The notice of appeal shall be filed no later than sixty (60) clays 77 following the date of the Art Advisory Board's action. In the event a notice of appeal is filed, 78 the appeal shall be placed on the next City Commission agenda for consideration by the City 79 Commission at a duly noticed public meeting, and the City Commission's consideration may 80 include either affirming, affirming with conditions, or overturning the action of the Art 81 Advisory Board. 82 83 r te. Theu id eli Res, are att-Ached to Ord. Ne. v5-n�-As E "rrt-hr "A". 384 Secs. 27-28-27-32. Reserved. 385 86 ARTICLE III. BOYNTON BEACH LIBRARY ADVISORY BOARD 387 Sec. 27-33. Purpose and duties. 388 Subject to the control and direction of the City Commission, the Library Board: 89 (1) Shall act in an advisory capacity (nen administrative) to the City Commission, to assure 390 representation of the ideas of citizens and taxpayers of the city relative to the function and CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 15 1145 391 operation of municipal libraries and reading rooms in the city, and such advisory assistance 392 shall include, but not be limited to, recommendations relative to control of expenditures of 393 moneys collected or donated to the credit of any municipal library in this city, and the 394 supervision, care and custody of the grounds, rooms, property and buildings constructed, 395 leased or set aside for municipal library purposes. 96 97 ; 98 99 ; 00 . 01 02 the maintenance and expansien Of FnUniEipal library f I tie 03 (42) Shall keep FeEOrds, inventories 04 make reports to 05 the City Commission relative to the activities of the board and the municipal library 06 s sv terve asannually or wheneve requested to do so by the City Commission. 407 Secs. 27-34 - 27-38. Reserved. 408 }09 ARTICLE IV. RECREATION AND PARKS AND RECREATION' ADVISORY BOARD 11410 Sec. 27-39. Powers and duties. 411 Subject to the control and direction of the City Commission, the Parks and Recreation 12 Advisory Board: 13 (1) Shall act in an advisory capacity (nen -.,,aY,.,iRiS+r.,+;ve) to the Recreation and Parks 414 Department, to assure representation of ideas of citizens who are interested in promoting 415 better recreation and park facilities and programs for the city. Such advice shall include but CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 16 1146 416 not be limited to site locations, development, supervision and maintenance of public 417 recreation and parks of the city. 18 (2)—_ . 19 20 shall beEenge the pFeperty ef the Eity, and title ef any real property se aEqUiFed shall be taken �21 422 (3) Shall make recommendations to the city manager and City Commission, through the 23 Recreation and Parks Director, concerning; 24 a the purchase of property by the city for public recreation and park purposes,-, 25 b the establishment, maintenance, and supervision of public 26 recreation and parks,-, and, 27 a -c. fe+Eer+ling expenditures of the recreational and park fund hereinafter 428 established. 29 (4) Shall keep FeEE)Fds and aEEE)HAtS ef all the aEtiVities ef the Beard and Make FepE)Fts 30 31 wheneveF Feeluested te de se. 32 _ 33 34 435 Secs. 27-40 - 27-44. Reserved. 436 437 ARTICLE V. SENIOR ADVISORY BOARD 38 SeE.27 45. Mee#iRgS. 39 The beaFd shall meet quaFtedy en aR "as needed" basis f8F the tFansaEtiieA ef business. its 40 Fneetings shall be open to the p blies 441 Sec. 27-46. Purpose and duties. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 17 1147 2 Subject to the control and direction of the City Commission, the Senior Advisory Board shall: —Act in an advisory capacity to the City Commission, to assure representation of ideas of 5 citizens who are interested in promoting better senior resources and programs for the c 7 (2) Assist with the coordination of C -programs and/or services for seniors, through the Recreation and Parks Director or designee, in partnership with the Boynton Beach Senior Center. 55 Ceunty te bFing it te the City ef Beynten BeaEh; 57 58 fo,=senieFT 461 Secs. 27-47 - 27-51. Reserved. 462 463 ARTICLE VI. EDUCATION AND YOUTH ADVISORY BOARD 464 Sec. 27-52. Created. 465 The City Commission, in accordance with the powers vested in it, merged the Children and 466 Youth Advisory Board and the Education Advisory Board and established the Education and 467 Youth Advisory Board. All powers, duties, and responsibilities of the Education Advisory Board CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. IN 1148 468 shall survive and be deemed merged and consolidated with the powers, duties and 469 responsibilities of the Children and Youth Advisory Board. All previous actions of the Education 470 Advisory Board shall survive this consolidation unless specifically revoked by the Children and 471 Youth Advisory Board. 72 Sec. 27-53. OrganizatieRMembership. 11473 The Education and Youth Advisory Board shall comprise seven permanent members, two 474 alternate members and three student members. The three student members shall be 75 appointed for a period of one year. A liaison from the Palm Beach County School District shall 76 be asked to serve on the board as an ex -officio board member concurrent with board member 77 terms. 478 Sec. 27-54. Purpose and duties. 79 Subject to the control and direction of the City Commission, t -The Education and Youth 80 Advisory Board shall assist the city and'E)Ea' SEMOIS in: 81 (1) Development ef pregrams that premete engeing Felatienships with EaFing adults and 82.Serving as a 83 liaison between the Palm Beach County School District, Boynton Beach schools and the city. 84 85 86 ergaHizatieHs, ' 87 (2-3) Contacting community groups and businesses within the geographical boundaries of 488 Boynton Beach for professional skills, materials, financial or education support for the schools 489 and with the purpose of implementing programs at local schools that benefit students from 490 Pre- K through grades and vocational schools. 91 92 93 dUFgRg ReR ,.h eel hOUFS CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 19 1149 94 96 (1,6) Identification and dissemination of information on local, county, state and federal 497 programs that provide beneficial services to children and their families. 98 (47) Developing strategies for communicating with the School Board of Palm Beach County 11499 and its staff, advising the City Commission as to the activities of the School Board, and other 500 federal, state and local legislative bodies which affect the needs of students, within the city. 01 (5-9) Developing recommendations to the City Commission for forwarding to the School 502 Board of Palm Beach County regarding actions which may be taken in support of schools in 503 Boynton Beach and with respect to proposed legislation at the state level. 04 (69) Developin_cef child and youth advocacy programs. 05 (10) Developing PHbliE Felatien5 that highlight 5UEEessful PFE)gFam5 withiR the 5EhE)E)l5 tE) 06 . 07 , 08 09'eE, 510 Secs. 27-55 - 27-59. Reserved. 511 12 ADTTr'I G \/TT PLANNING AND DEVELOPMENT RrIADh 13 SeE-27 60. nn,,.,gbership 14 (a) 1R appeiRting mernbe.r-s te- the PlaRRiRg and Develepment Beard, the City CE) 15 , 16 , CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 20 1150 18 19 20 Ce . 21 . 22 23 24 fellew+Rg: 25 , 6 IiY,e-5 indic-ate.- de -sir -able by the CeY, preheRSi"e PaR7 7 8 requiFements .-.f the re,Y,r.reher, iye DI -,r, r..-1 Land Deyel.apment D u d tier. 9 0 f� Ott Are land use n9ap E1-,SSif*Eatiens7 1 2 4 eF Land Deyel,ar,mer,t Regulati„r.. 3 _ 4 ffepaFatien a aEEeMp -f the p1 an; 5 _ 6 physical eRViriavary ,—QHt .,f the City, and 7 (97 ) The p etieR of St-ip-able de"el.ararr,er,t aEti"ities CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 21 1151 3 (1) On behalf ef the board, the City C!eF'( shall I(eep minutes ef 45 pFeEeedings, sh i 4 the vete of eaEh n9ember en eaEh questien, 6F of absent OF abstaining,' . 5 6 . 7 (3) The FeEE)FdS ef the beard shall be filed in the Ake ef the City Clerk and shall be pUbliE 8 S. 0 1 2 duty to hear -and -ake +!, the r'i+" r•.,Y,•,missi�,r 3 (1�rrexatien7 4 „ Plan r„d m r,+,• 5 ; 8 (C) Site DI- q7 9 (7) Site Plan time exte 0 (9) Majer Ci+., P -AP Y, A-difiEatieR; i 1 (9) Vacatielp 7Y1ry-h--;;A lnriry eRt, 2 (10Master Site PaR (r, w, ,' 3 (11) Majer Master Site PI -an .,• a difirzatieR7 4 (12) Use a a1• Waiver (in PID)7- 5 (13) Community Design Appea17 6 (14) Height e)(Eeptien7 7 (15) neete LandDevelopmentRegat+ens; and, CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 22 1152 90 SeE. 27-65. T„rmr- ,r,1 ,1„fi.A.t N3 91 , 92 93 Eentaone d h- 594 Secs. 27-66 - 27-71. Reserved. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 23 1153 595 96 ARTICLE VIII. HISTORIC RESOURCES PRESERVATION ADVISORY BOARD 597 Sec. 27-72. Membership. 98 L1L— Wk-Fe-pe5�"�eA minimum of two members shall be chosen from among the 599 disciplines of architecture, history, architectural history, archaeology, landscape 00 architecture or planning. 601 {4)(2) A minimum of three additional members of the board shall be experienced in 602 the areas of commercial development, real estate, banking or law. The two remaining 603 members shall be citizen members at large. 04 (34) All members shall have demonstrated a special interest, experience or knowledge in 605 historic preservation or closely related disciplines. 06 (4-2) Persons serving on the board are encouraged to attend educational meetings or 607 workshops to develop a special interest, expertise, experience or knowledge in preservation, 608 architecture, or quasi-judicial boards. 09 Sec. 27-73—+3}. Historic Preservation Planner. 10 —The city may appoint a professionally qualified historic preservation planner to advise and 611 assist the board, carry out delegated responsibilities, and undertake the requirements for 612 certified local government certification. 613 614 615 16 Sec. 27-74-3. Meetings. 617 The board shall hold a minimum of four meetings per year at regular intervals. All meetings 618 of the board shall be publicly announced and will have a previously advertised agenda. The 619 meetings shall be open to the public. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 24 1154 0 M On behalf of the board, the City Clerk shall keep minutes of its proceedings, showing 1 the vote of each member on each question, or if absent or abstaining, indicating such 2 fact. 3 (2) The records of the board shall be filed in the office of the City Clerk and shall be public 4 records. 5 (3) Should a meeting be cancelled due to a lack of quorum, the Board liaison may elect to 6 move items to the City Commission for the required public hearings without a 7 recommendation of the board. 8 _(1) PlaRRiRg and ZeRiRg staff shall attend Al PneetiRgs, aEtdRg iR aR ad i ty and 9 aFtiEipatiRg fU lly Or beard .Ji -sr sSie—per but ha" Rg rright to vote. 0 1 +ham 2 Sec. 27-754. Powers and duties. 633 The board shall have the following powers and duties within the incorporated city limits of 634 Boynton Beach, Florida: 635 (1) The Historic Resources Preservation Board shall act in an advisory capacity to the City 636 Commission and shall provide recommendations to the City Commission regarding the 637 following: 638 a. Nomination of properties and districts to the National Register of Historic Places, as a 639 required duty of being a certified local government. 640 b. Nominations of properties and districts to the Boynton Beach Register of Historic 641 Places. 642 c. Adoption, modification, or replacement of a Design Guidelines Handbook. 643 (2) To hold public hearings and to approve or deny applications for certificates of 644 appropriateness or certificates of economic hardship affecting proposed or designated 645 properties or properties within districts; CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 25 1155 646 (3) To advise and assist owners of properties on physical and financial aspects of 647 preservation, renovation, rehabilitation and reuse, and on procedures for inclusion in the 648 National Register of Historic Places; 49 51 52 53 pFepeFties Rd . 654 (6) To confer recognition upon the owners of properties and districts by means of 655 certificates, plaques or markers; 56 Ir 1TT , 657 (8) To inform and educate the citizens of the city concerning the historic, cultural, 58 archaeological, and architectural heritage of the city; and 59 (9) To participate in survey and planning activities of the certified local government; and 660 (10) To coordinate with the State of Florida's Division of Historical Resources Certified Local 661 Government Program by satisfying the following requirements: 662 a. The State Historic Preservation Officer shall be given 30 calendar days prior notice of 663 all meetings and within 30 days following such meetings shall be provided with the minutes 664 and record of attendance of the Historic Resources Preservation Board and the public. 665 b. The State Historic Preservation Officer shall be notified of any change of Historic 666 Resources Preservation Board members within 30 days of their appointment. 667 c. Notify the State Historic Preservation Officer immediately of all new historic 668 designations or alterations to existing designations. 669 d. Submit amendments to the ordinance to the State Historic Preservation Officer for 670 review and comment at least 30 days prior to adoption. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 26 1156 671 e. Submit an annual report by March 1 covering activities of the previous October 1 672 through September 30 and shall include the following information: 673 1. A copy of the Rules of Procedure; 674 2. A copy of the Historic Preservation Ordinance; 675 3. Resumes of the Historic Resources Preservation Board members; 676 4. Changes to the Historic Resources Preservation Board membership; 677 5. New local designations and National Register listings; 678 6. A review of survey and inventory activity with a description of the system used; 679 7. A program report on each grant -assisted activity; and 680 8. Number of projects reviewed. 81 82 implementation of its peweFs and cluties or to implementation of the purpose of these 83 Vis. 684 Secs. 27-75 - 27-79. Reserved. MOR 686 ARTICLE IX. BUILDING BOARD OF ADJUSTMENTS AND APPEALS 7 Sec. 27-80—. Membership. 8 Board members shall be composed of individuals with knowledge and experience in the 9 technical codes to include, to the greatest extent possible, an architect, engineer, general 0 contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other 1 contractor licensed category. In addition to the regular members, there should be two 2 alternate members, one member with the qualifications referenced above and one member 3 at large from the public. 4 Sec. 27-81—. Meetings. 5 The Building Board of Adjustment and aAppeals shall meet on an "as needed" basis as appeals 6 are brought forward. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 27 1157 97 698 Sec. 27-80. Powers and duties. 99 LaL—Pursuant to F.S. § 553.80, as may be amended, the Florida Building Code, and the 700 Boynton Beach Administrative Amendments of the Florida Building Code, the Building 701 Board of Adjustments and Appeals shall have the power, as further defined in Section 702 113.4, of the Boynton Beach Administrative Amendments of the Florida Building Code, 03 to hear appeals of decisions and interpretations of the building official pursuant to Sec. 04 27-83 through 27-85, and consider variances of the Florida Building Code and other 05 technical codes pursuant to Sec. 27-86 through 27-87. See Boynton Beach Administrative 06 Amendments to the Florida Building Code 6th Edition (2017). 07 (b) The owner of a building, structure, or service system, or duly authorized agent may 08 appeal a decision of the building official or the floodplain administrator, as applicable, 09 in his or her enforcement or administration of Chapter 4, Article IX, Building, Construction 10 and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention 11 Requirements; or whenever any one of the following conditions are claimed to exist: 12 1e. The building official or the floodplain administrator, as applicable, rejected or 13 refused to approve the mode or manner of construction proposed to be followed or materials 14 to be used in the installation or alteration of a building, structure, or service system; 15 2-b. The provisions of the city's current edition of the Administrative Amendments to 16 the Florida Building Code do not apply to this specific case; 17 E3. That an equally good or more desirable form of installation can be employed in a 18 specific case; or 19 46. The true intent and meaning of the city's current edition of the Administrative 20 Amendments to the Florida Building Code have been misconstrued or incorrectly interpreted. 21 e5. An application made by the owner or tenant of a property which operates as a 22 group home is denied. The Building Board of Adjustments and Appeals shall convene within CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 1158 23 30 calendar days of the date that a written appeal is filed with the city. If the Building Board 24 of Adjustments and Appeals is unable to convene within 30 days, the appeal may be heard by 25 the city's magistrate and the matter will be added to the agenda of the next available code 26 enforcement hearing date. 27 28 (c) The Building Board of Adjustments and Appeals shall hear appeals of determinations of 29 the building official as provided in Sec. 27-83. 30 (d) The Building Board of Adjustments and Appeals shall hear applications for variances T31 pursuant to Sec. 27-86 and 27-87. 732 733 Sec. 27-81. Secretary of board. 734 The building official or his/her authorized representative shall act as secretary of the board 735 and shall make a record of all of its proceedings, which shall set forth the reasons for its 736 decision, the vote of each member, the absence of a member, and any failure of a member to 737 vote. 738 �39 SeE- 7_92 Membership-. p 40 41 , 42 43 44 45 at laFge 48M the PUbliE.- 746 47 Sec. 27-83. Appeals of decisions of building official. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 29 1159 48 DeEiSiGR of the building ^ffiEial. The owner of a building, structure or service system, or duly 749 authorized agent, may appeal a decision of the building official to the Building Board of 750 Adjustments and Appeals whenever any one of the following conditions are claimed to exist: 751 (1) The building official rejected or refused to approve the mode or manner of construction 752 proposed to be followed or materials to be used in the installation or alteration of a building, 753 structure or service system. 754 (2) The provisions of this code do not apply to this specific case. 755 (3) That an equally good or more desirable form of installation can be employed in any 756 specific case, which the building official has rejected or refused. 57 4 -44�—The true intent and meaning of this code or any of the regulations hereunder 58 have been misconstrued or incorrectly interpreted. 759 5 0 Sec. 27-846. Notice of appeal of a decision of building official. 1 Notice of appeal shall be in writing and filed within 30 calendar days after the building official 2 renders the decision. Appeals shall be in a form acceptable to the building official. 64 Sec. 27-857. Unsafe or dangerous buildings or service systems. 65 In the case of a building, structure or service system, which in the opinion of the building 66 official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time 67 for such appeals to a shorter period. 768 69 Sec. 27-864. Variances. 770 The Building Board of Adjustments and Appeals, when upon written request, has been so 771 appealed to and after a hearing, may vary the application of any provision of this code to any 772 particular case when, in its opinion, the enforcement thereof would do manifest injustice and CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 30 1160 773 would be contrary to the spirit and purpose of this or the technical codes or public interest, 774 and also finds all of the following: 775 (a) That special conditions and circumstances exist which are peculiar to the building, 776 structure or service system involved and which are not applicable to others. 777 (b) That the special conditions and circumstances do not result from the action or inaction 778 of the applicant. 779 (c) That granting the variance requested will not confer on the applicant any special 780 privilege that is denied by this code to other buildings, structures or service system. 781 (d) That the variance granted is the minimum variance that will make possible the 782 reasonable use of the building, structure or service system. 783 (e) That the grant of the variance will be in harmony with the general intent and purpose 784 of this code and will not be detrimental to the public health, safety and general welfare. 785 :. 787 Sec. 27-85. Conditions of the variance. 788 In granting the variance, the board may prescribe a reasonable time limit within which the 789 action for which the variance is required shall be commenced or completed or both. In 790 addition, the board may prescribe appropriate conditions and safeguards in conformity with 791 this code. Violation of the conditions of a variance shall be deemed a violation of this code. 92 93 94 95 96 CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 31 1161 97 98 GffiEial' is unsafe, unsanitaFy or dangeFous, the 6tdildinq Official May, on the OF&F, limit t 99 . 800 801 Sec. 27-88. Procedures. 802 (a) Rules and regulations. The board shall establish rules and regulations for its own 03 procedure not inconsistent with the provisions of this code. The board shall meet oR call of 04 the ,Hain. an subsequent4e uaon a request to call a meeting by the secretary provided that. - 05 T the board shall meet within 30 calendar days after a notice of appeal has been received 06 pursuant to Sec. 27-84. 807 (1) Rules of evidence. Formal rules of evidence shall not apply, but fundamental due 808 process should be observed and govern the proceedings. Upon determination by the 809 chairman, irrelevant, immaterial or unduly repetitious evidence may be excluded, but all other 810 evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of 811 their affairs shall be admissible, whether or not such evidence would be admissible in a trial in 812 the courts of Florida. Any part of the evidence may be received in written form. The board may 813 request certain evidence from the petitioner to be provided by an architect or engineer 814 registered in the State of Florida, in which case, said evidence shall be signed, sealed, and 815 dated. 816 (2) Testimony. Any member of the board or the attorney representing the board may 817 inquire of, or question, any witness before the board. Any member of the board, the petitioner 818 or his or her attorney, and/or the building official shall be permitted to inquire of any witness 819 before the board. The board may consider testimony presented by the building official, the 820 petitioner, or any other witness. 821 (b) Decisions. The Building Board of Adjustments and Appeals shall, in every case, reach a 822 decision without unreasonable or unnecessary delay. Each decision of the board shall also CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 32 1162 823 include the reasons for the decision. If a decision of the board reverses or modifies a refusal, 824 order, or disallowance of the building official or varies the application of any provision of this 825 code, the building official shall immediately take action in accordance with such decision. Every 826 decision shall be promptly filed in writing in the office of the building official and shall be open 827 to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the 828 appellant and a copy shall be kept publicly posted in the office of the building official for two 829 weeks after filing. Every decision of the board shall be final; subject however to such remedy 30 as any aggrieved party might have at law or in equity. Appeals of decisions by the Buildinq 31 Board of Adjustments and Appeals may be taken by any aggrieved party affected by a board 32 decision. 833 34 (c) Local Construction Regulation Board. The City Commission'Ka' qey *ne+ A may also 835 utilize this board to convene as the Local Construction Regulation Board (LCRB), as provided 836 in F.S. § 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified 837 contractor to obtain a building permit or permit with specific conditions, if the LCRB has found 838 such contractor, through public hearing, to be guilty of fraud or a willful building code 839 violation within the county or municipality that the LCRB represents. The LCRB may also, deny, 840 suspend, revoke or limit the authority of a certified contractor to obtain a building permit or 841 permit with specific conditions, if it has proof through the public hearing process, that a 842 contractor has been found guilty in another county or municipality within the past 12 months, 843 of fraud or a willful building code violation and after providing notice of an opportunity to be 844 heard to the contractor, finds that such fraud or violation would have been fraud or a violation 845 if committed in the county or municipality that the LCRB represents. Notification of and 846 information concerning such permit denial shall be submitted to the division within 15 days 847 after the LCRB decides to deny the permit. 48 Sec. 27-89 Withdrawal or denial of appeal. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 33 1163 49 (a) Refiling after denial. Upon denial of an application for relief hereunder, in whole or in 50 part, a period of one year must elapse prior to the filing of a subsequent application affecting 51 the same property or any portion thereof. 52 (b) Refiling after withdrawal. with prejudice. Upon the withdrawal of an application, in 53 whole or in part, a period of six months must elapse prior to the filing of a subsequent 54 application affecting the same property or any portion thereof, unless, however, the decision 55 of the applicable advisory board is without prejudice; and provided that the period of 56 limitation shall be increased to a two-year waiting period in the event such an application, in 57 whole or in part, has been twice or more denied or withdrawn. 58 (c) Refiling after withdrawal without prejudice. An application may be withdrawn without 59 prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing 60 and executed in a manner and on a form prescribed by the City Clerk and filed with the City 61 Clerk at least one week prior to any hearing scheduled concerning the application. When an 62 application is timely withdrawn, it can be re -filed at any time. If an application is not timely 63 withdrawn, the time limitation on re-application in subsection (a) applies. No application may 64 be withdrawn after final action has been taken. 865 66 Sec. 27-4490. City Commission. 867 (a) Local Planning Agency. The City Commission is hereby designated as the city's local 868 planning agency to act on behalf of the city under the terms and provisions of the Local 869 Government Comprehensive Planning Act, having the general responsibility for overseeing a 870 comprehensive planning program and the preparation and amendment of the Comprehensive 871 Plan or elements or portions thereof applicable to the areas under the jurisdiction of the city 72 as provided in said Act. Pursuant to Sec, 163.3174, Florida Statutes, all applications for 73 comprehensive plan amendments and rezonings that would, if approved, increase residential 74 density on the property that is the subject of the applications shall be provided to the Palm CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 34 1164 5 Beach County School District. Should the City be advised that a representative of the Palm 6 Beach County School District intends to attend the City Commission meeting at which the 7 application will be considered by the local planning agency, that representative shall be 8 considered a non-voting member of the local planning agency. 9 (b) Finality and review. All deci Planning and Deyeleelangen+ Beard shall be 0 ,dvisery +„ the City r,„,. MiSS,,,r. The decision of the City Commission is final. Once final, a 1 decision may be reviewed as provided bylaw. by the f;l;r . f a o+;+, r f.,.Writ .-.f eFtier,ri 2 3 4 ce YY.YYll.Ree ter n fre.m. the date A -f the rl..rffisier. gh+ to be r fed 5 Secs 27--9091 - 27-94. Reserved. 887 ARTICLE X. APPEALS 888 Sec. 27-95. Administrative official. 889 (a) Eligibility. Appeals of a decision of an administrative official maybe taken by any person 890 aggrieved, or by any officer, board, or bureau of the governing body affected by any decision 891 of an administrative official under any ordinance enacted pursuant to the land development 892 regulations. 93 (b) Filing. Appeals of a decision of an administrative official under this article, excludiRg +he 94 bUil iRg eff eel, shall be filed within 15 calendar days after receiptr, r of the order, 95 requirement, decision, or determination made by the administrative official by the affected 96 party. Per appeals A -f -a der--isia—A Fnade by the building effic-ial, the AGtiEe Gf appeal shall Fhe OR 97 When necessary, a 898 current certified survey and a fee as adopted by resolution of the City Commission, plans, 899 drawings, documents and/or other material constituting the record upon which the action was 900 taken shall be collected by the administrative official and, together with the completed appeal, CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 35 1165 01 forwarded to the City CommissionappfW a ate appeal beard for placement on the CUt 02 Commission'sbeaFd's next available agenda. 903 (c) Stay of work. Upon posting of acceptable surety (see Chapter 2, Article III, Section 6) by 904 the appellant in an amount equal to 110% of the potential costs of delays and damages as 905 certified by a design professional, all work on the premises and all proceedings in furtherance 906 of the action appealed will be stayed, unless the administrative official from whom the appeal 907 was taken, certifies that by reason of facts stated in the certificate, a stay would cause imminent 908 peril of life or property. In such case, proceedings or work shall not be stayed except by a 09 restraining order which may be unless granted by the board or by a court of record on 910 application, on notice to the officer from whom the appeal is taken and on due cause shown. 11 (d) 12 . 13 . The City Commission shall hear and decide all appeals regarding 14 the administration, interpretation, or enforcement of a decision of an administrative official of 15 any standard, provision, or regulation contained in the land development regulations, e)(Eept 16 fee that ., ,hiEh ., �+;�; � bele, 17 (2) Building Beard Vf Adjustments and .,'�T 18 19 20 , 21 ; 23 24 25 ; CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 36 1166 26 27 ; 28 29 ; 30 31 32 33 of A(�bistffiems and 34 35 36 37 38 (e) Hearing of appeals. The City Cengn9issien eF Building Beard ef Adjustment ef Appeals. 39 s""" {i)E a reasonable time fee tM hearing of the appeal shall be scheduled for the first available 40 City Commission meeting after receipt of the appeal. The appeal shall be a quasi-judicial 41 hearing inclusive of the notice and hearing requirements of Sec. [LOOK FOR SECTIONI e 42 PUbliE notice +her.,.,[ a A„+,E„ to the parties ; inteFest.. Upon the hearing, any 943 party may appear in person, by agent or by attorney. 44 (f) Review of administrative orders. In exercising its powers, the City Commission Ar the 45 BUildiRg Beard „f Adjustments ana Appeals may, reverse or affirm, wholly or partly, or may 946 modify the order, requirement, decision, or determination made by an administrative official 947 and may make any necessary order, requirement, decision, or determination, and to that end, 48 shall have all the powers of the officer from whose action is being appealed. The EBAEUFFiRg 49 , 50 51 . CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 37 1167 952 (g) Indemnification. In the event a claim or lawsuit is brought against the city, its officers, 953 employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold 954 harmless the city, its officers, employees, servants or agents and to defend said persons from 955 any such claims, liabilities, causes of action, and judgments of any type whatsoever arising out 956 of or relating to the appeals from decisions of an administrative official whether the appellant 957 is the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and 958 expenses incurred by the city, its officers, employees, servants or agents in connection with 959 such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of any 960 of the city's immunities provided for in F.S. § 768.28. 61 See. l:7 96. R ffildiRg Beard of Ae u strnepts ;;Ald Appeals. 62 63 64 - (b) FiliRg. Appeals f0FjHd*Eial Felief shall be filed with the Paing BeaEh CE)HAty CiFEUit CE)Wt 65 within 30 EalendaF days after renditien of a beard deEiSuOR. 966 7 SeE.27 97. City Cengn9issieR. 8 (a) Eligibility. Appeals ef i by the City Cernmissien may be taken by any aggroeyed 0 (b) PiIiRg. Appeals ferjudicial relief sh-all be filed- I.A.0ith the P@1Pq Reach C-GuRty Circuit CA- irt 2 SeE. 2:7 9698— \A/i+hd-M- A'Al er de-Rial of appeal. 3 4 5 . 6 7 OF iR paFt, a peried E)f six Fnenths must elapse PFiE)F te the filing ef a Subsequent app"Eatien CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 1168 37 9-- 41.. r<� \i��w�l��t ��J�l•\RIO —1 M-01101111111-11M.—M.— C cc - 0 F 17 -ITT Ewe Vyl ".11 : 6 990 Section 3. Each and every other provision of the Code of Ordinances of the City of 991 Boynton Beach not herein specifically amended shall remain in full force and effect as 992 previously enacted. 993 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 994 same are hereby repealed. 995 Section S. Should any section or provision of this ordinance or portion hereof, any 996 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 997 such decision shall not affect the remainder of this ordinance. 998 Section 6. Authority is hereby granted to codify said ordinance. 999 Section 7. This ordinance shall become effective immediately upon passage. 1000 Section 8. All matters pending before the City boards or committees at the time 1001 of effective date of this Ordinance shall continue unabated and be taken up as scheduled 1002 before the respective board or committee. 1003 FIRST READING this 15th day of August, 2023. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 39 1169 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 SECOND, FINAL READING AND PASSAGE this 14t" day of September, 2023. 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: David N. Tolces Interim City Attorney CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. all 1170 L.*M 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. 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Proposed Ordinance No. 23-017- Second Reading - Amending Chapter 27, "Advisory Boards and Committees", Public Art Fee. Requested Action: Approve amendments to Chapter 27, "Advisory Boards and Committees" of the Code of Ordinances of the City of Boynton Beach. Explanation of Request: On June 2, 2020, Ordinance 20-016 was passed, creating Chapter 27 "Advisory Boards and Committees" with the intent to consolidate all of the references to advisory boards into one section of the City Code. Based on consensus and direction from the City Commission on July 18, 2023, the proposed ordinance is being brought forward for first reading to increase the construction threshold for the public art fee from $250,000 to $500,000. How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Second Reading Public Art Fee Ordinance (Chapter 27) 2023.pdf 1171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDINANCE NO. 23-017 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 27, "ADVISORY BOARDS AND COMMITTEES", SECTIONS 27-21 THROUGH 27-27, OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES REGARDING THE PUBLIC ART FEE; PROVIDING FOR AN AMENDMENT TO THE AMOUNT OF THE PUBLIC ART FEE TO BE PAID FOR SPECIFIC DEVELOPMENTS WITHIN THE CITY OF BOYNTON BEACH; PROVIDING FOR EXEMPTIONS TO THE PAYMENT OF THE PUBLIC ART FEE; PROVIDING FOR AN UPDATE TO THE PROCESS FOR THE CONSIDERATION OF ART IN PUBLIC PLACES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, upon a review of report from City Administration related to the collection and use of the public art fee, the City Commission finds that it is in the best interest of the City of Boynton Beach to increase the construction threshold for the public art fee from $250,000 to $500,000, and to provide for an update to the process for consideration of the placement of art in public places; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Sections 17-21 through 27-27 of the City of Boynton Beach Code of Ordinances, as they relate to the public art fee. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: 25 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 26 27 28 29 30 31 32 herein by this reference. Section 2. That Part II, Chapter 27, "Advisory Boards and Committees", Sections 27-21 through 27-27, of the City of Boynton Beach Code of Ordinances, be, and the same are hereby amended to read as follows: CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 1 1172 33 34 Sec. 27-21. Intent. 35 (a) It is the intent and purpose of this article to further the commitment of the city to the 36 aesthetic, historical, cultural and economic enrichment of the community through the creation 37 of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy 38 and appreciate works of art. The requirements of this article shall be construed to promote 39 the aesthetic values of the entire community and to encourage the preservation and 40 protection of works of art. 41 (b) This-art+cde shall be kne-v,^ and cited -as the "Art;; F 42 (bE) Ownership. Unless otherwise expressly agreed to in writing by the city, ownership of all 43 art acquired through expending funds in the Public Art Fund shall be owned by the city 44 according to the Art Advisory Beard's r ndations and Art in Public Places g uidelines. 45 Sec. 27-22. Definitions. 46 For the purposes of this section, the following words and phrases shall have the following 47 meanings: 48 (1) Art, Artwork, or Works of Art means tangible creations by artists exhibiting the highest 49 quality of skill and aesthetic principles and includes all forms of the visual arts conceived in 50 any medium, material, or combination thereof, including, but not limited to, paintings, 51 sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, 52 photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics, 53 collages, drawings, monuments erected to commemorate a person or an event, functional 54 furnishings, such as artist designed seating and pavers, unique or original architectural 55 elements, and artist designed landforms or landscape elements. The following shall not be 56 considered artwork or works of art for purposes of this article: 57 a. Reproductions or unlimited copies of original artwork. 58 b. Art objects, which are mass-produced. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 2 1173 59 c. Works that are decorative, ornamental, or functional elements of the architecture or 60 landscape design, except when commissioned from an artist. or designed a5 an integral aspe,-+ 62 (2) Artist or Professional Artist means a practitioner in the visual arts, generally recognized 63 by critics and peers as a professional of serious intent and ability. Indications of a person's 64 status as a professional artist include, but are not limited to, income realized through the sole 65 commission of artwork, frequent or consistent art exhibitions, placement of artwork in public 66 institutions or museums, receipt of honors and awards, and training in the arts. 67 68 69 20 016. 70 (34) Building means any structure that encloses space and is used or built for the shelter or 71 enclosure of persons, businesses, chattel or property. 72 (45) Development means any construction, or redevelopment, or structural alteration of 73 any private or public building within the limits of the city. 74 (5,6) In -fill housing means new residential units on parcels less than five acres that are not 75 part of an approved planned unit development as defined by the city land development 76 regulations. 77 (67) Public Art Fund means a separate, interest bearing account set up by the city to receive 78 monies for the Art in Public Places Program. 79 (78) Remodeling or conversion means alterations made to a building within any 12 -month 80 period, including, but not limited to, changes to the facade of a building, changes to the 81 interior of a building, increases or decreases in the floor area of a building and changes to 82 exterior improvements. 83 (8-9) Public Art Project means all the costs associated with design and installation of aArtwork 84 including artist fees, artwork(s), art consultant fees, engineering, structural support, lighting.,. 85 art signage and other site enhancements as stated in the Art in Public Places gGuidelines. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 3 1174 87 Sec. 27-25. Establishment of public art fee. 88 (a) —4a�—AII development, redevelopment, reconstruction or remodeling projects 89 commenced after the adoption of this article which have a construction value of 90 $238;090500,000 or greater, shall participate in the Art in Public Places Program by 91 paying a public art fee. For the purpose of this section, a project will be considered 92 "commenced" when an application for review is first submitted to the city's 93 Development Department. The public art fee shall be equal to one percent Al of 94 construction value of the project or one million dollars ($1,000,000), whichever is less. 95 The Building Division/Finance Department shall administer the billing and collection as 96 follows: 97 (1) e# the -As a condition of issuance of the building permit, collect thirty percent (30%J OF .03 98 of the 'the public art fee, 99 (2) As a condition of issuance of the final certificate of occupancy, collect the remaini 00 seventy percent (70%) of the public art fee or, in lieu of payment, confirm the completion of a 01 Public Art Project on the property valued at least at seventy percent (70%) of the public art 02 fee. erg --07 E)f 1% prier to and a a EA-.Pd-.Ot*A-.A of Or-,r-,----;;Ar--P- „f the r„r+;f;,.,+„ of eEEupapey 03 +h.,+ ;"dudes the PUbliE a-44 04 (3) One hundred percent of the public art fees collected are to be allocated to the E 05 Public aft -Art 4H46Fund. All doStr;hut.ens fee the PUbliE aFt fU Rd require the r ndati„r, 06 r,f +he Art AdyiseFy Beard prier to City Cernm ss eR a al 107 (b) The following types of projects are exempt from the payment of the public art fee: 108 (1) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, 109 earthquake or other calamity determined by the City of Boynton Beach building official. 110 (2) The percent of the project dedicated to affordable housing as defined by the City of 111 Boynton Beach. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. M 1175 112 (3) All projects which were submitted prior to or on October 5, 2005, notwithstanding any 113 subsequent request for site plan extension. 114 (4) Single-family and two-family in -fill housing. 115 (5) Normal, routine maintenance including replacement of existing damaged or failing �L16 structural or non-structural elements, HVAC, plumbing, electric, communication or fire 11117 detection/suppression equipment of a project not associated with an addition, renovation or 118 new construction. 119 (6) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any 120 existing amenity, clubhouse, building, pool, park, playground and/or common area element 121 located within an existing private residential development. This specific exemption applies 22 retroactively to October 5, 2005. 23 (7) All projects which were submitted for a building permit after or on October 1, 2023 24 with a construction valuation less than $500,000 25 actebeF 1. 2-023. 26 (c) PFejeEt ewn he owners of a development that are required to participate in the Art 27 in Public Places Program shiLmay 28 complete -a Public aArt Project on the property , 4thfflinOPA,' 29 in lieu of paying the seventy percent (70%) of the public art fee �4 30 ne�ef 6Tstal"Ho artwerk be{�e-t;e *ssuapee ef ceirtofecate ef Qeeu^a d -if the following 131 conditions are met: .32 (1) mo TI ^,.,rn eaP ^;^� f elepr eRt agrees to fAv w ii +�,^ 4-+ Ad=o=isoT�BeaF „w rcu, ,r=—m� .33 h,la+,„rs +^ Plevelep the ,r+ ;^ the pFej The owner of a development agrees to .34 secure the approval of the Art Advisory Board for the location and public visibility of the public .35 art, for the qualified artist(s), for the design of the artwork(s) and the artwork site(s), and the .36 final installed artwork(s) and artwork site(s). Such approvals will be based on the Art in Public .37 Places EregEafn:Guidelines. Prior to commissioning and/or purchasing the artwork, the City,. .38 in consultation with the owner of the development, shall schedule and hold a public workshop CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 5 1176 .39 regarding the artwork design, location, and the artwork's public visibility prior to the Art .40 Advisory Board's public meeting; and .41 (2) .42 Advisep� BE)aFd tE) insure that the aFtWE)FIE Will be aEEessible and Feadily visible te the pub'!E .43 .44 IeEatienThe owner of a development agrees to maintain the artwork(s) in good condition as .45 approved by the Art Advisory Board. aed-4If the artwork(s) cannot be maintained or repaired, .46 or the owner requests to remove the artwork's), then the owner will replace the artwork(s) of .47 value equal to the original seventy percent (70%) of the public art fee adjusted by the .48 Consumer Price Index,. Alternatively, the owner can contribute the same an,ea-RRvalue to the .49 Public Art Fund or donate the artwork(s) to the City in good condition. If the owner .50 e1215chooses to replace the artwork(s) in a different form than originally approved, the new .51 artist and art selection criteria shall be in compliance with the Art in Public Places Guidelines.; .52 a+A .53 .54 .55 .56 .57 ; .58 ; .59 .60 rt A- e -t9„ 161 162 Sec. 27-26. Public Art Fund. 63 (a) There is hereby created a Public Art Fund administered by the Art Advisory Beard. 64 Funding shall consist of all ^^^+Fibuti^n-5 re ived collected public art fees, fef 65 ° CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 1177 66 pFejeEts e)(Eeeding $ern nnn any cash grants -ate donations to the city for public art projects 67 from governmental or private resources, earned income from sales or services, and all other 168 funds allocated by the city through the budgetary process for the provision of public art. 69 L��-4b�—Expenditures from the Public art --Art fund Fund shall include but not be 1170 limited to expenses associated with the selection, commissioning, acquisition, 171 transportation, maintenance, public education, promotion, administration, program 172 marketing, documentation, removal and insurance of the works of art or in relation 73 thereto. 1174 {b}LchThe Art Advisory Board can recommend to the City Commission expenditures from the 75 Public Art Fund funds -in furtherance of the Art in Public Places Program. emepr-the pUbliEtibrhpfllun rhc� :70% cethe Evrrscr" crcrio rr v Ari iT a-9r�cn 77 ° 78 or reserve fund) for future weFlE as EleSEFibed the Art Adviseiy BE)aFd'S guidelines and .79 reEE)Fnmeridatiens. 180 .81 Sec. 27-27. . Art in Public Places .82 Guidelines .83 (a) SelectieR criteria. The _art _aPd_ _adist sele-c-stieR rffite.ria Shall be in cempliaREe with the Art .84 flrdyisery Beard's g uideliper- ark ro�nmm^r��+i^ver .85 (b) GuideliRes. The Art Advisory Board shall prepare and from time to time recommend to .86 the City Commission revisions to the Art in Public Places Program gui,d^iimers Guidelines for .87 adoption by the City Commission and make the same available to the public,, -_The .88 Guidelines shall beprovide the framework- f -elle ed r,r^„ide gui,aanEe for: .89 (a) Art in Public Places program organization; organizational governance and staffing .90 responsibilities; r, OEed fres {^r project planning; artist selection and criteria; art .91 selection and criteria; art placement criteria; mural criteria; donations; fears artwork CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 7 1178 92 loans;a d memorials; -aa4collection management and other items55ues as adopted by 93 the City Commission; and .,dFR*F1i5tF.,t*8R ,.f the publiE art fi„nd 94 W L(bt)L Art Advisory Board evaluation of Public Art Project proposals, final installations 95 and maintenance condition of artworks submitted by property owners as -in lieu of the 96 payment of the 70% public art fee. 97 _ 98 99 . 200 Section 3. Each and every other provision of the Code of Ordinances of the City of 201 Boynton Beach not herein specifically amended shall remain in full force and effect as 202 previously enacted. 203 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 204 same are hereby repealed. 205 Section S. Should any section or provision of this ordinance or portion hereof, any 206 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 207 such decision shall not affect the remainder of this ordinance. 208 Section 6. Authority is hereby granted to codify said ordinance. 209 Section 7. This ordinance shall become effective immediately upon passage. 210 Section 8. All matters pending before the City boards or committees at the time 211 of effective date of this Ordinance shall continue unabated and be taken up as scheduled 212 before the respective board or committee. 213 FIRST READING this 15th day of August, 2023. 214 215 SECOND, FINAL READING AND PASSAGE this 14th day of September, 2023. 216 CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 1179 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 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: David N. Tolces Interim City Attorney CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. E 1180 F, R 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. 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Proposed Ordinance No. 23-018- Second Reading - Wireless Communication Facility Annual Registration (CDRV 23-007). Requested Action: Approve modifications (CDRV 23-007) amending Part III. Land Development Regulations, Chapter 3, Article V, Section 13. Wireless Communication Facilities, to allow for an annual registration process and fee. Explanation of Request: The City's current Land Development Regulations (LDRs) require an annual registration and certification; however, it does not outline or regulate the registration standards and/or necessary information. Staff is proposing to amend Section 13. "Wireless Communication Facilities (WCF)" to define the requirements and establish associated fees required for an annual registration provided by a WCF owner and service operator/provider. Furthermore, staff proposes to amend the standards of an unused facility and WCF on a publicly -owned property. How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ordinance Approving LDR Amendment (CH 3) Wireless Communication Registration process and fees Staff Report_CDRV_23-007.pdf CDRV 23-007 WCF Annual Registration Staff Presentation CDRV 23-007 WCF Annual Registration.pptx 1181 1 2 ORDINANCE NO. 23-018 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING 6 THE LAND DEVELOPMENT REGULATIONS; CHAPTER 3, ARTICLE V, SECTION 7 13. WIRELESS COMMUNICATION FACILITIES, TO ALLOW FOR AN ANNUAL 8 REGISTRATION PROCESS AND FEE; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City's current Land Development Regulations require an annual registration 13 and certification of wireless communication facilities; however, it does not outline or regulate the 14 registration standards and/or necessary information; and 15 WHEREAS, staff is proposing to amend Section 13. "Wireless Communication Facilities 16 (WCF)" to define the requirements and establish associated fees required for an annual registration 17 provided by a Wireless Communication Facility owner and service operator/provider; and 18 WHEREAS, additionally, staff proposes to amend the standards of an unused facility 19 and WCF on a publicly -owned property; 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. the City of Boynton Beach Land Development Regulations, Chapter 3., 29 Article V., Section 13, Wireless Communication Facilities are hereby amended as follows: 30 CHAPTER 3. ZONING 31 32 ARTICLE V. SUPPLEMENTAL REGULATIONS 33 34 Sec. 13. Wireless Communication Facilities (WCF). 35 WCF means any manned or unmanned location for the transmission and/or reception of radio 36 frequency signals, or other wireless communications, or wireless data transmission/reception, and 37 usually consisting of an antenna or group of antennas, transmission cables, and equipment 0 S:ACA\Ordlnanees\LDR Changes\LDR Amendment (Ch 3) (Wireless Communications Registration Process And Fee) - Ordinance.Docx 1182 38 cabinets, and may include an antenna support structure. WCF include developments containing 39 new, mitigated, pre-existing antenna support structures, or co -location on existing antenna 40 support structures, and include attached WCF, concealed WCF, and non -concealed WCF. 41 42 e 7. Zoning Districts and Affiliated Process (Table 3-29). 43 ... 44 8. Maximum Heights of WCF (Table 3-30). 45 46 9. Setbacks and Separation Between WCF (Table 3-31). 47 48 G. Publicly -Owned Property. 49 1. AgFeengents. If an applicant requests t -to locate a WCF on a city -owned property, 50 the peFMit gFanted heFeURdefWCF shall not become effective until the applicant and the 51 jurisdiction have executed a written agreement or lease in a form acceptable to the City Attorney 52 53 PUl9liE lands of thejUF*SdiEt4eF`1 will be granted, and FeleaSiRq the Eity fFeng all liability Fegarding 54 WEF. 55 2. GecupaREY eF Use. Ne peffnit gFanted undeF this seEtieR shall Eenvey any exclusive right, 56 57 d live,-,, of +„I, , ,Y,,Y,,, ,r;, +,„r� seFviEes „r aRY 1,theF p ,Fres • a. Ne permas.i _ :sus _ 1 • -- - 62 ... 63 I. Annual Registration and CeFtif;,-.,+;„n 64 To enable the city to keea accurate. uo-to-date records of the Oacement of WCF within the cit 65 the owner and service oaerator/provider of each WCF shall submit the followina to the Director 66 of Plannina and Zonina or desianee no later than October 1 of each vear: 67 68 69 70 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3) (Wireless Communications Registration Process And Fee) - Ordinance.Docx 1183 71 1. A certified written statement by an engineer that the facility is structurally sound and 72 conforms to the requirements of the Florida Building Code and all other construction 73 standards provided by local, state, and federal law; 74 2. The number and names of operators and providers located in the WCF; 75 3. Documentation of the type and use of all antennas; 76 4. The name, address, and telephone number of the WCF owner; and 77 5. Payment of an annual registration fee, as set forth in the Planning and Zoning Division 78 Fee Schedule. 79 80 81 82 83 84 85 86 ' Fail Fe to File Failure to timely file either the aRRual d,,Elaratien OF the 87 EeF�ai;enannually shall mean that WCF is deemed to be abandoned, unused, or unsafe, thus 88 subject to removal unless the owner and/or operator of WCF provide a written notice to the City 89 of any intent to continue, and drawings complying with this section. 90 J. Removal of Abandoned, Unused, or Unsafe WCF. 91 to .,ddress the EE)mpelling Pb1bli . interest ; eRSUFORg that WCF afeis promptly disassembled, 92 dismantled, and removed once they are no longer used., heFe may "^ subst,n+„I r,sl, that Vn C- 93 94-bviatiRg the Peed f,-qr 95 . WCF that is abandoned or unused for a period of one hundred 96 twenty (120) days shall be removed. The owner and service operator/provider of WCF shall 97 provide a written notice of any intent to discontinue use of the facility or submit a copy of the 98 "Notice of Intent to Abandon" required by the FCC to the Director of Planning and Zoning or 99 designee. WCF shall be removed within ninety (90) days of the cessation of use. WCF owners 100 and/or operators shall return the site to its natural state, or consistent with the current use of the 101 land at the time of removal. 102 If unsafe WCF is not removed within the time frame specified in the notice, the Citv's Buildin 103 Official shall determine the proper action in accordance with the City's Administrative 104 Amendments to the Florida Building Code. If WCF is abandoned or unused, it shall follow the 105 Drocedure as established in Chapter 10. Article II. Abandoned Property of Part II. Code of 106 Ordinances. 107 108 rpmAupd as fell. ws: S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3) (Wireless Communications Registration Process And Fee) - Ordinance.Docx 1184 109 aeewr_rrvrr_�nrr_r_ err..w...... r 010- 01 115 116 er designee that the prevideF's ebligat-A—A.rs, f.A-.r its equipment in the Fight ef way eF pu 117 118 "'h^ ;A,6II .,-,mho ;;c+„piI Af +ho MIC -P WithiR +hiFty (30.Jays• 119 3. PFeper✓cal f"r TrapsfeF to City. !A t }1 art Af ah nfJA—nP e—. t oftheWCF, WCP ewRe3 120 121 traRsferriRg ewnership ef its equipment te the city. if a previder preEeeds uRder this clause, the 122 Eity may, at its eptiew 123 124 fFeVideF7 125 126 127 128 129 130 exeMse aRY Irelmlled-iles -;;.P.d Fights it has -Pit la;.A.4 A -.r ip equity, ORE'YdiRg but Rot limited te, abatiRg 131EeRdffitieRef 132 133 0�,,;,o,J +eAaAro hePA 134 K. Inspection. The city reserves the right to require additional inspections if there is evidence 135 that the tower has a safety problem or is exposed to extraordinary conditions. Inspections shall 136 be conducted by a registered engineer. Based upon the results of an inspection, the Building 137 Official may require repair or removal of the WCF. Should the city have reason to believe WCF is 138 not in compliance with applicable building and electrical codes, the city may conduct periodic 139 inspections of the site to ensure structural and electrical integrity. 140 141 Section 3. Each and every other provision of the Land Development Regulations not 142 herein specifically amended, shall remain in full force and effect as originally adopted. 143 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 144 with any provisions of this ordinance are hereby repealed. 145 Section 5. Should any section or provision of this Ordinance or any portion thereof be 146 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3) (Wireless Communications Registration Process And Fee) - Ordinance.Docx 1185 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this 5th day of September, 2023. SECOND, FINAL READING AND PASSAGE this day of September, 2023. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner—Woodrow L. Hay Commissioner —Aimee Kelley 5 VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3) (Wireless Communications Registration Process And Fee) - Ordinance.Docx 1186 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-027 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan, AICP, LEED AP �a� Planning and Zoning Director FROM: Jae Eun Kim, Principal Planner DATE: August 22, 2023 REQUEST: Approve modifications (CDRV 23-007) amending Part III. Land Development Regulations, Chapter 3, Article V, Section 13. Wireless Communication Facilities, to allow for an annual registration process and fee. OVERVIEW The City's current Land Development Regulations (LDRs) require an annual registration and certification; however, it does not outline or regulate the registration standards and/or necessary information. Staff is proposing to amend Section 13. "Wireless Communication Facilities (WCF)" to define the requirements and establish associated fees for an annual registration provided by a tower owner and service operator/provider of a wireless communication facility. Furthermore, staff proposes to amend the standards of an unused facility and WCF on a publicly -owned property. PROPOSED AMENDMENTS • Annual Registration and Associate Fee Currently, the City's Land Development Regulations (LDRs) lack standards that allow Staff to require necessary information including documents and plans to review and process the required annual registration, pursuant to Part III, Chapter 3, Article V, Section 13. Wireless Communication Facilities (WCF). The proposed amendment will guide tower owners and service providers of WCFs to provide such information in order for staff to enable to keep accurate and up-to-date records of placement of wireless communication facilities within the city limits. An associated annual registration fee will be set forth in the Planning and Zoning Division Fee Schedule, which will be reviewed and approved by the City Commission by resolution. The required information and fee payment of the annual registration shall be submitted to the Director of Planning and Zoning or designee no later than October 1 of each year. WCF on a Publicly -Owned Property The current LDRs contain the process and requirements for the owner and/or operator of WCFs on a city -owned property (Part III, Chapter 3, Article V, Section 13.G. Publicly -Owned Property). Staff proposes to amend this subsection to omit such process and requirements and require to a written agreement to be executed between the City and a WCF owner and/or operator. Staff believes that necessary and imperative information and material of the WCF shall be implied in an agreement which shall be acceptable by the City Attorney and approved by the City collectively rather than being codified in the LDRs. 1187 Page 2 WCF Annual Registration CDRV 23-007 • Clean-up Regulation of an Unused WCF The current LDRs contains the detailed process and requirements of removal of abandoned, unused, or unsafe WCFs (Part III, Chapter 3, Article V, Section 13.J. Removal of Abandoned, Unused, or Unsafe WCF). Staff proposes to clean-up this subsection to be directive for a WCF owner and/or operator to follow the procedure established in Chapter 10, Article 11. Abandoned Property of Part 11. Code of Ordinances. CONCLUSION/RECOMMENDATION Staff recommends approval of the subject amendments to the Land Development Regulations to establish an annual registration and associated fee. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 23-007 WCF Annual Registration\CDRV_23-007 Staff_Report- abr.docx 2 1188 PART III LAND DEVELOPMENT REGULATIONS CHAPTER 3. ZONING ARTICLE V. SUPPLEMENTAL REGULATIONS Sec. 13. Wireless Communication Facilities (WCF) WCF means any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, or wireless data transmission/reception, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. WCF include developments containing new, mitigated, pre-existing antenna support structures, or co -location on existing antenna support structures, and include attached WCF, concealed WCF, and non -concealed WCF. ;. Zoning Districts and Affiliated Process (Table 3-29). 8. Maximum Heights of WCF (Table 3-30). 9'. Setbacks and Separation Between WCF (Table 3-31). G. Publicly -Owned ••- 1. Agreements. If an applicant requests a-pefm4-to locate a WCF on a city -owned • ••- -F a ...shall not become effective until the applicant and the jurisdiction-4ave executed a written agreement or lease in a form acceptable to City AttorneyngIZJ � I Llr �r —r + :� �' r'`v � � —`Linder ,a F 2 r,. � 3 a �� f a, ,r k ? t . R u.: ��, I •a r +_bil �,� ni 1 a . �, r ,a a ,a►� �■r, �r . . ■ �a iWN X ra �. ■a a ar a l a 94-170""M .. �f a; r .f ��w r 'ver ■r..� .. �,�. 1 1441, WON 1189 Y H. Interference with Public Safety WCF. Whenever the city has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one (1) or more WCF, the following steps shall be taken: 1. Notification. The city shall provide notification to all WCF service providers operating in the jurisdiction of possible interference with the public safety communications equipment. Upon such notification, the owners shall use their best efforts to cooperate and coordinate with the city and among themselves to investigate and mitigate the interference if the WCF owner is operating outside of its FCC frequencies. 2. Reimbursement. If any WCF owner is operating outside of its assigned FCC frequencies, or if the FCC makes a determination that the WCF is operating outside of its frequencies and causing radio frequency interference with the city public safety communications equipment, the owner who fails to cooperate and/or the owner of the WCF which caused the interference due to operating outside of its licensed frequencies shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the city for all costs associated with ascertaining and resolving the interference, including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. I. Annual Registration and rfiFfieatk)-w. )- yo r�u �:wII W w allyl „ui ...III ..�iu I;w� � wyur„.�If�� i��i � �te ur(.)�.�1 oir� ��^.�....of illlu�. ll��lll��:m� � inu ieint..o WC,I I w iuflll'iJin Ills ....y w illi uww p y u ry aqr� ur: �� : 111 ' ur i u p u u i u ulll each w W : ll: sh yllllll su yll'biir iu It ih u...Il6lllll(.�Wi o. n ...�wur .... air a .: a mew III : q!: a rll a I will e, y rw �.w illy . III wuu�.rou I,w II VIII .piwu uuu m ....:wu �. r",u.luuu�� uw yw. i,w.Il�,wu..... _Reps shall file --nnnually 44-1, the DipeGtor-,9f-P-IaRRiM,, 9 9 f Hei �l � � nt Illy" ..::muyl all. iuu„y�. eiir fh :u :th yr ulllurry ui stri.,�(.rII �i �:yllllll�� Pi..u'url.d ,u�ruiw . wwurnl.. yl. un r II w ��Vy��,,u �wu n��r�w .;�un.uui��uiur.,pl�� 'I!.�� r,yu]��b ��y �.��,� ul�,,w.... ii w llr�..� � � � � III III � uI ll�� m n "�.... � it” � 4�I �1� �". Ilr i� :. l� 11 � ll.11 �l� � ll� n ili„� IIS � ro II � III coiirrstluru(rvlluouru s;taunyra.l!'ds u,111)yul�re�;;,i by logalll,stale:, e.. uuyld II'::e d„13 a ,a �° heuiw.yuwnlluapmir uu�u.Uruu1 Ily.�"SII �I��ip"�� gwu��....uI II.UWvuru Illidutu..d 111 rllygrvlll p� ii.yuyy umlf yiuyr.Uiw Ull iu:!I ' typg gEld....uu e U' it 11gr1 �.. .::, e u r u �:: �...„„ ..... rr°� III I°y� w� u�, �w yur�iwwy �i a�:r a„.�w ��.� aryl .i I,��III . � Il.y � :; ury ,. � u�l i.,y urw.y IIS cur �°:w l� the ��w'�� III.... �I Mwurr e ur a irylwr III ..w ury y . ur a tl.. III: a n a p.4ll uriegustirlaflYri II .....y . set !:birth tI m ui ura tl.V u e 2 urwl .I Z. urr ui ur a .. C:: li vlsi i oin IIC:: S y al I; y l i i.y III I u ................................................................................................................................ tet :.SHIMMO : - r a. t, w: . a ■ . .. r GO .MOO r . �ON, WIN.. HE. 1190 s r r r s s ., ■ s � If � s r s� . '`i w'r '`.. '` O i '... s. r.. s a • • • • • '• • '•N ro 10 LO • '• Kel I lir-AllAwrol 111 • • •' '• ` r. r sI � s .rrr 'J s :: .r+ � I I. � r � � •r � ' ,� , s r r r, • i I s . r a a r .� . a■: � r. s . r r ■ r r .,.. r r r �,:... r s, s s r s rr r : . WGF= thAerr .r, fler;4-pe-rind pf fir.z r air sr gib, sa r a. b'raae'`: as felle- N.C7 '4-----+IA(C;Fm owners shall .Iait : i r a .::r 0�Irrra •;• .r r■ r. : the D'. C Ira I ,r. r s a a,: . r i a ra ,� �.r : ra r a ti I :7 rl '� : a I ra .�the .... s rr�a I�. i. .Pf an r■ r s .. s. r an . . rGabiRetS, 1. s r s s ., • r s . I .rrr . " ,L. ,�, s ;: .�. I . . • s r s sstate, .... ..... .. .r II I . I .+ or Gensistent with the GlArrent use aI the land . the time f . raeval- i I 2. 1., .C. . \ ■. . ■.,.. 1, r s . I a ., .. ■ . rI �1 r . .. I.`1'., `W`III `I�j0 WI M�—Sligjlneeo.wthe ...: :x Cni'C ''+I :4'iss o its `q. .r+.rr the righit s: a. i it o f .J I .. a r s r s Ia r i.... a..... .. r r i a Lilly f. a a i. r . .� �� within I I •. a '►i... 1 I rl � I ► x � ' xn r,..,. ► nye •I I I . }, . o ... � _ r Drr a► r a' .'a .r 4.a r�ara.ia ry r. ,i 1 sa ■a a�, as r the of Planning and ss;.rr s...sa asa. a rrr. ao"aa.r I • � r i t r #. aI M e f` r�. aJ � r..:.. I V 1191 Rr r, ell f'. f ' q(' ! VI T V 1��I . r ' R R ;i rf r.� IEIW at R : r expense, *rr.. r *`.. . fr * r t r r a r� , , '... R I r r a R a . rr r r r� r r. rr r f �. R Ri 1 R ir. ,� '�r.I 'a tri. �.ai irl R'rr. ber a r r rr • �... or by rr r�.� fir, . air rr r��....rr r-rr r4 .�,..:. . ati R .r R� RR . R ' r� K. Inspection. The city reserves the right to require additional inspections if there i condition - Inspections • 'conducted by ' • ' •engineer.Based upon of inspection, Building Official may require or • of • • the city have reason to believe WCF is not in compliance with applicable building and electrical codes, the city may conduct periodic inspections of the site to ensure structural •electrical integrity. 1192 1, m All T T I--, LL U C O O L Q _ to = 0= L) a) tf 5Co Q U (0 O) N O E O ON C O LL � L (� L C co C }' ��' L a) O L a) a)_O°a)C° Q m a --j Em ° Co a) oU caD°oma u) E °_= E N Q�� •� a� UO N — U O L Q Q M CT L- L 0- 4 (n Q (a Q U to L Q)N ca o N ,� � CUO0 Q Lo Q 1 L- U (� � C LL CoID >, — LL a) > O° U O L S LL O) Q� n-0 O a) O N() ) OE� V O m a) U 0 O a) u) a) N 0 O a) E -0a) Q C t p L N C �—�j _ C -a EC }, O O > O O a)° QE M r Q 0a)O E=3 o a �j NQ V C6 •� C r11 Q �: N 0-0 C L N� O E m C-0 0) m a) a) O O O m 0 (D4-- p) U u7 m 0 Q }, - n� °� Q J m o- L 0n • Clam U) r O ■ M 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. 09/14/2023 Proposed Ordinance No. 23-019- Second Reading -8 Year General Employee Pension Plan. Requested Action: An Ordinance of the City of Boynton Beach Florida amending Article III of Chapter 18 of the Boynton Beach Code of Ordinances entitled Employees' Pension Plan amending Section 18-95 to provide for pension contributions by drop members; amending Section 18-127 deferred retirement option plan to provide for 8 -year drop; providing for codification conflict, severability, and an effective date. Explanation of Request: The General Pension Plan Ordinance needs to be amended to reflect negotiated changes to the pension plan as it relates to extending DROP participation from five (5) years to eight (8) years and the associated three percent (3%) employee contributions that will resume in years six through eight of DROP. How will this affect city programs or services? This amended Ordinance will update the necessary language so that proper implementation of the 8 -year DROP for General pension plan participants can occur. Fiscal Impact: There is no fiscal impact to update the Ordinance. Per the actuarial study provided, this Ordinance will not impact the cost of the Plan during the first year. It is projected to reduce the cost of the Plan in future years of approximately $2 million in Total Present Value over the next 30 years. Attachments: 8 year DROP Ordinance (REVISED) (General).pdf Boynton Beach GEs Pension - Projections for City - Impact of Ext DROP to 8 Yrs - 4-21- 2023. pdf 1197 1 ORDINANCE 23-019 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA AMENDING 4 ARTICLE II OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF 5 ORDINANCES ENTITLED EMPLOYEES' PENSION PLAN AMENDING 6 SECTION 18-94 TO PROVIDE FOR PENSION CONTRIBUTIONS BY DROP 7 MEMBERS; AMENDING SECTION 18-127 DEFERRED RETIREMENT OPTION 8 PLAN TO PROVIDE FOR 8 YEAR DROP; REPEALING SECTION 18-300 9 CREATION OF CONSOLIDATED DEFERRED RETIREMENT OPTION PLAN OF 10 ARTICLE XI OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF 11 ORDINANCES; PROVIDING FOR CODIFICATION CONFLICT, SEVERABILITY, 12 AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City of Boynton Beach (the "City") maintains a defined benefit pension plan 15 for its general employees as stated in Chapter 18, Article II of the City Code of Ordinances, known 16 as the Employees' Pension Plan of the City of Boynton Beach, Florida ("Plan"); 17 WHEREAS, the Plan permits general employee members to participate in a Deferred 18 Retirement Option Plan ("DROP") for up to five (5) years, and requires a contribution for DROP 19 members; 20 WHEREAS, the City desires to amend the Plan to provide for an eight-year DROP and to 21 adjust the amount of contributions for DROP members for any participation period beyond five 22 (5) years; 23 WHEREAS, to implement the changes related to the extension of the DROP participation 24 period, it is necessary to adopt an ordinance amending the Plan as set forth in Chapter 18, Article 25 II of the City Code of Ordinances; 26 NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH FLORIDA 28 29 Section 1. The foregoing WHEREAS clauses are hereby certified as being true and 30 correct and are incorporated herein by this reference. 31 32 Section 2. Section 18-94 of Article II of Chapter 18 of the Boynton Beach Code of 33 Ordinances is hereby amended as follows: 34 Sec. 18-94. Employee contributions required. I 1198 Page 2 of 8 35 Subject to the limitations imposed in section 18-95, employees who are members of the 36 plan shall contribute 7% of monthly earnings to the fund for that month. Effective the 37 first full payroll period after thirty days following October 1, 2023 the em loov —u 38 participating in the DROP beyond five (5) years will contribute 3% of their salary 39 beginning nning with the sixty-first month of DROP participation—Pursuant to Code section 40 414(h)(2), the city shall pick up the member contributions required by this section. The 41 contributions so picked up shall be treated as employer contributions in determining tax 42 treatment under the Code. The city shall pick up the member contributions from funds 43 established and available for salaries, which funds would otherwise have been designated 44 as member contributions and paid to the Fund. Member contributions picked up by the 45 city pursuant to this subsection shall be treated for purposes of making a refund of 46 members' contributions, and for all other purposes of this and other laws, in the same 47 manner and to the same extent as member contributions made prior to the effective date 48 of this section. 49 Section 3. Section 18-127 of Article II of Chapter 18 of the Boynton Beach Code of 50 Ordinances is hereby amended as follows: 51 Sec. 18-127. Deferred retirement option plan. 52 (a) A deferred retirement option plan ("DROP") is hereby created. 53 (b) Eligibility to participate in the DROP is based upon eligibility for normal service 54 retirement in the plan. 55 (c) Participation in the DROP. 56 1) Prior to October 1. 2023, participation in the DROP must be exercised within 57 the first 30 years of employment; provided, however, that participation in the DROP, when 58 combined with participation in the retirement plan as an active member may not exceed 59 35 years. The maximum period of participation in the DROP is five years prior to October 60 1, 2023. An employee's election to participate in the DROP plan shall be irrevocable and 61 shall be made by executing a resignation notice on a form prescribed by the city. 62 (2) Effective October 1, 2023. participation in the DROP must be exercised within 63 the first 30 years of employ; provided, however, that participation in the DROP 64 when combined with participation in the retirement plan as an active member may 65 not exceed 38 years. The maximum period of ap rticipation in the DROP is eight 66 years. An employee's election to participate in the DROP plan shall be irrevocable 67 and shall be made by executing a resignation notice on a form prescribed by the city. 68 3) Employees who are already participating in the DROP on September 30, 2023 69 will have the option to elect to participate in the eight (8) year DROP by completing 70 a form provided for that purpose. This election into the extended eight (8) year 71 DROP is a one-time opportunity. The election to participate in the eight (8) year 72 DROP must be made within 30 days of September 14, 2023. The election will permit 73 the employee to remain in the DROP for up to eight (8) years, to elect a new rate of 1199 Page 3 of 8 74 return under section 18-127(f), and require the employee to make a 3% employ" 75 contribution whileap rticipatina in the DROP beyond sixty (60) months. An change 76 in the method of crediting earnings will be effective the first of the month following 77 the date of the election. 78 (d) Upon exercising the right to participate in the DROP, an employee's creditable 79 service, accrued benefits and compensation calculation shall be frozen and shall utilize the 80 average of the five highest of the ten years immediately preceding participation in the 81 DROP as the compensation basis. Accumulated, unused sick and vacation leave shall be 82 included in the compensation calculation as provided for and limited by the definition of 83 annual earnings; provided, however, that a minimum balance of 120 hours of sick leave 84 and 120 hours of vacation leave shall be maintained by the employee and excluded from 85 this calculation. The retained leave balance, including any additions, shall be distributed at 86 the conclusion of DROP participation and separation from service. In accordance with the 87 definition of annual earnings, the accumulated sick and vacation leave that is includable 88 in the compensation calculation will phase out but hours may still be transferred up to the 89 maximum permitted by the Code, provided the minimum number of sick and vacation 90 leave remains on the books. DROPap rticipants who remain in the DROP beyond sixty 91 (60) months will make a contribution of 3% during their DROPap rtici ap tion 92 be inning with the sixty-first (61) month ofartici atp ion. 93 (e) Payment shall be made into the employee's DROP account as if the employee had 94 terminated employment in the city in an amount determined by the employee's selection 95 of the payment option. 96 (f) An employee's account in the DROP program shall earn interest in one of three ways. 97 The selection of the earnings program shall be made prior to the first deposit in the DROP 98 account and may be modified once each year by the participant during their participation 99 in the DROP. The investment method may be changed each year effective January 1, 100 however, the method must be elected prior to January 1 on a form provided by the Board 101 of Trustees. Employees who are in the DROP, as of September 30. 2023, may change 102 their method for the crediting of interest at the time that they elect to participate in 103 the 8 year DROP. This mid -year change in the crediting of earnings is a one-time 104 opportunity. The election to change the method for crediting must be made within 105 30 days of September 14. 2023. The earnings method elected will be effective the 106 first of the month following the election. 107 The options are: 108 (1) Gain or lose interest at the same rate as the plan; 109 (2) At an annual fixed rate of 7%; or 110 (3) A percentage of the DROP account will be credited with interest gains or losses at 111 the same rate earned by the pension plan and the remaining percentage will be credited 112 with earnings at a guaranteed rate of 7%. The actual percentage shall be selected by the 1200 Page 4 of 8 113 member on a form provided by the Board of Trustees. The total of the two percentages 114 must equal 100°/x. 115 The participant's DROP accounts will be assessed an administrative fee that is based upon 116 the ratio that the participant's DROP account bears to the fund as a whole. 117 (g) Employees who entered the DROP prior to October 1. 2023 and did not elect 118 to participate in the eight year DROP An employee shall terminate service with the city 119 at the conclusion of five years in the DROP. Employees who enter the DROP on or after 120 October 1: 2023 shall terminate service with the city at the conclusion of eight years 121 in the DROP. 122 (h) All interest shall be credited to the employee's DROP account on the last day of the 123 month in which the member separates from service. In the event that a member dies while 124 in the DROP, interest shall be prorated to the last business day of the month preceding 125 the death of the member. 126 (i) Upon termination with the city, an employee may receive payment within 45 days of 127 the member requesting payment or may defer payment until a time not later than the 128 latest date authorized by Section 401(a)(9) of the Internal Revenue Code at the option of 129 the member. 130 0) Payments from the DROP may be received as a lump sum installment payment or 131 annuity, provided, however, that at all times, the DROP shall be subject to the provisions 132 of the Internal Revenue Code. 133 (k) No payment may be made from the DROP until the employee actually separates 134 from service with the city. 135 (1) If an employee shall die during participation in the DROP, a survivor benefit for the 136 monthly pension amount shall be payable in accordance with the form of benefit chosen 137 at the time of entry into the DROP. An employee entering into the DROP or a member 138 participating in the DROP post -employment may designate a beneficiary(ies) to receive 139 payment of the DROP balance in a lump sum upon his or her death in accordance with 140 sections 18-118 and 18-120. In the absence of the designation of a beneficiary, the 141 remaining balance shall be paid in full to the first class of the following relative which has 142 a member(s) (on a pro rata basis, if there is more than one member): the spouse married 143 to the member on date of death; dependent children of the member; the living parents of 144 the member; or the estate of the member. This payment operates as a complete discharge 145 of all obligations of the Fund under the Plan and shall not be subject to review but shall 146 be final, binding, and conclusive on all persons ever interested hereunder. 147 (m) Upon commencement of participation in the DROP, the member shall no longer be 148 eligible for disability retirement from the pension plan. If a member becomes disabled 149 during the DROP period, the member shall be treated as if he or she retired on the day 150 prior to the date of disability. 1201 Page 5 of 8 151 (n) Notwithstanding the provisions of Section 18-125 of this plan. Participants in the 152 DROP must terminate employment and participation in the DROP before any re - 153 employment may occur. 154 Section 4. Section 18-300 of Article XI of Chapter 18 of the Boynton Beach Code of 155 Ordinances is hereby repealed in its entirety as follows: 156 ARTi-ICLETi - DEFERRED DCTIMEMCNIT OPTION DI AAI 157 See. 1-8-30-0. Creation of consellid-meted deferred retirement option plan. ■'&' 159 .... IVITI; I • An - 164 ("DROP") picovided they n9ake the eleEtieA ne IateF than 30 days afteF FeaEhinq theiF REK I•5 Fet*FeFAeRt date. Notwithstanding the feFegeing, I •• empleyees who have reaEhed ReFmal FetiFement date and did not enteF ■'O' may make I• ■'O' no later than 90 days after C68 1 brae_ • W.■ ' . . 171 eity's Hum -;;A Rese-i-Irce ■_partmeRt ■_ 173 will Ret* VON ........ Z- 11111IMMMEW-Im C83. I I:4 L 1202 Page 6 of 8 I• - 192 193 196 4rte 1 - the engpleyee's■'O' aEEeHAt less any E utstandi 14 1eRqpleyeeDROP, 1• 1 ■ D'O' 1: ■■O. 210 211 212 213 the DROP plan. PjetwithstandiRg AARd peFfE)FmanEe, the ffeditiRg Fate will be no less t 214 not and r „ than Qof 215 (p) At the EeRE'USOE)R of the FetiFee's paFtidpatien in the ■■.. plan, and as a Eendili • of • same Fate as DROP,nte the 219 be paW to the retire -Pe and Re IeRger aGEeURtedl fer up the ■■O. 1empleyeepaF■■O.plaR at _. ■■O• 222 fuirthe.r ■■O• 1203 Page 7 of 8 223 (q) Ne angeuRt Ean be paid fFeR9 the FetiFenqeRt .... 224 teffRiRates q t6 225 , 226 the FetiFee in a Eash lun9p sum, wh*Eh Ean be Felled ever er paid OR Eash unless the retiFee 611MA me 229 , 230 231 i imp ..whiEh n be Felled ever er mid in ash at the hl,.- efiE aFy's rlisEr t "., .•.• 234 empleyee Must elec-A the distributien withiR, but in Re eveRt later thaR, 4S days fell 235 the employee's teFMinatien date. if the empleyee dees net timely Feque5t the WithdFa 236 ef the asset in the DROP plan, Re fWtheF eaMiRgS Will be EFedited en the .... • diStFibUtieR _ 239 EengFneREe by age 72, previeled that the FetiFee did Ret FeaEh age 70 ;12 befere ._ EeFfl ,0 241 242 Section 5. The provisions of this Ordinance are declared to be severable and if any 243 section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or 244 unconstitutional, such decision shall not affect the validity of the remaining section, sentences, 245 clauses, and phrases of this Ordinance but they shall remain in effect, if being the legislative intent 246 that this Ordinance shall stand notwithstanding the invalidity of any part. 247 Section 6. It is the intention of the City Commission of the City of Boynton Beach that 248 the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of 249 the City of Boynton Beach Florida. The Sections of this ordinance may be renumbered re -lettered 250 and the word Ordinance may be changed to Section Article or such other word or phrase in order 251 to accomplish such intention. 252 253 Section 7. That this Ordinance shall be effective immediately upon adoption on 254 Second Reading, except as otherwise specifically provided herein. 255 256 FIRST READING THIS Sth DAY OF September, 2023. 257 258 SECOND, FINAL READING and PASSAGE THIS 14th DAY OF September, 2023. 259 1204 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 Page 8 of 8 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 Jes6s, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: David N. Tolces Interim City Attorney 1205 April 21, 2023 Ms. Mara Frederiksen Director of Financial Services City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 P" 954 ,Q'7,116'16 541,525,10083 1�wwoo,i Il�m,rd'm ,4sV out �, A my Re: City of Boynton Beach Pension Plan for General Employees Projected Impact of Extending Maximum DROP Participation Period to 8 Years Dear Dan: As requested, we have prepared 30 -year projections of the costs for the City of Boynton Beach Pension Plan for General Employees (Plan) to illustrate the impact of extending the maximum DROP participation period from 5 years to 8 years. This letter also includes a discussion of the risks associated with measuring the accrued liability and actuarially determined contribution. The results are based on census and asset data as of October 1, 2021. The enclosed exhibits present the following: Baseline Proiection: 30 -year projections of the actuarial liability and required annual contributions for the current pension plan using the current assumptions and methods as described in the October 1, 2021 Actuarial Valuation Report dated June 1, 2022, with the exception that the investment return assumption is assumed to decrease by 0.1% per year from 6.8% used in the October 1, 2021 Actuarial Valuation to 6.5% as of October 1, 2024, and the actual return on the market value of assets for fiscal year ending September 30, 2022 is -13.01% (based on actual fiscal year investment results). Scenario #1 Proposal: Same as the Baseline Projection EXCEPT effective October 1, 2023 the maximum DROP participation period is increased from 5 to 8 years. In order to illustrate the largest possible impact of this change, all DROP participants are assumed to remain in the DROP for the full 8 years (instead of 5 years). We have assumed the total count of actively employed General Employees, including DROP participants, remains level, so with members remaining in the DROP for 8 years instead of 5 years, the need to hire as many new members as soon decreases, and the number of active members who are contributing and accruing pension benefits declines. 3. Scenario #2 Proposal: Same as Scenario #1 Proposal PLUS DROP participants are required to make member contributions of 3.0% of pensionable earnings during years 6 through 8 in the DROP. Except as indicated above, all remaining methods, assumptions, and benefits are the same as indicated in our October 1, 2021 Actuarial Valuation Report. Ms. Mara Frederiksen April 21, 2023 Page 2 Summary of Results and Commentary Regarding Projections Baseline Scenario versus Scenario #1 Proposal: The projections indicate that the City would pay approximately $4.9 million less (a present value of approximately $1.5 million less) in pension contributions over the next 30 years under Scenario #1 (extending the maximum DROP participation period to 8 years) versus the Baseline Scenario. Savings are expected to be generated due to a decrease in the number of active members who are contributing and accruing a pension benefit as members remain in the DROP for the full 8 -year period. This results in a decrease in the future annual normal costs for the Plan. Baseline Scenario versus Scenario #2 Proposal: The projections indicate that the City would pay approximately $7.7 million less (a present value of approximately $2.6 million less) in pension contributions under Scenario #2 (extending the maximum DROP participation period to 8 years and having members contribute 3% of pensionable salary during years 6 through 8 in the DROP) versus the Baseline Scenario. Other Considerations It should be noted that we assumed all members would extend their DROP participation periods to 8 years in order to measure the maximum impact that this change could have. If only a portion of members elect to remain in the DROP for the full 8 years, then the cost savings amounts we are projecting over the next 30 years will be commensurately lower, relative to the actual percentage of members who remain in the DROP for 8 years. It should also be noted that the extension of the DROP participation period will cause DROP balances to increase, causing them to become a larger percentage of the overall market value of the pension fund, thereby increasing leveraging risk on the net (non -DROP) assets of the Plan (as majority of DROP balances in the near -future earn interest crediting at a guaranteed fixed rate of 7.0%). The DROP accounts make up about 8% of the total assets in the Plan as of October 1, 2021. At this level, if the Plan assets have a disappointing year and the return on the overall pension fund is -10%, then after crediting +7% to the DROP accounts, the net (non -DROP) Plan assets will experience a return of approximately -11.5% (due to the leveraging impact of the DROP). If the DROP accounts become a larger percentage of assets, then this leveraging risk increases. If they increase to 15% of total Plan assets, for instance, then a -10% return on the overall pension fund would cause a -13% return on the net Plan assets. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that results from the differences between actual experience and the actuarial assumptions. Ms. Mara Frederiksen April 21, 2023 Page 3 Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan's funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan's future financial condition include: 1. Investment risk— actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk — actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan's funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk — actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk— members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5. Other demographic risks — members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise, if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board's funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision-making process. Ms. Mara Frederiksen April 21, 2023 Page 4 Disclosures and Qualifications This report was prepared at the request of the City of Boynton Beach and is intended for use by those designated or approved by the City, including the Plan's Board of Trustees. This report may be provided to parties other than the City or Board only in its entirety and only with the permission of the City. GRS is not responsible for the unauthorized use of this report. The purpose of this report is to describe the financial effect of potential changes to the DROP plan provisions. This report should not be relied on for any purpose other than the purpose described. The calculations in this report are based upon information furnished by the Plan Administrator for the October 1, 2021 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan provisions and active members, terminated members, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or the Plan Administrator. Projections are deterministic, meaning that throughout the projection period, Plan experience is expected to match the actuarial assumptions, including the assumed investment return on the market value of assets (except that the actual return is assumed to be -13.01% during the fiscal year ending September 30, 2022). Throughout the projections, new members are assumed to be hired each year at a rate sufficient to maintain a constant active headcount. New members are assumed to have the same average demographic characteristics (age, gender, salary — adjusted each year by the Plan's assumed rate of inflation, which is 2.5% per year) at their dates of employment as those of current members hired between October 1, 2016 and October 1, 2021 (during the five-year period ending on the most recent actuarial valuation / census data collection date). The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and has no material limitations or known weaknesses. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Ms. Mara Frederiksen April 21, 2023 Page 5 Peter N. Strong and Piotr Krekora are members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. We welcome your questions and comments. Sincerely yours, Peter N. Strong, , EA, MAAA Senior Consultan and Actuary Piotr Krekora, ASA, MAAA Senior Consultant and Actuary This communication shall not be construed to provide tax advice, legal advice or investment advice. H v G1 O N E 2 ui �3 C 0 � U T 0 V m d a •3 C cr O y .N G1 0 a s o v }, �U GJ y CO •O o aL � L c m > a) 0 m } C M A V C r- 0 0 Q � a D > C O 3 O @ Ii 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oQ 9 9'o'� 9 e Ln It c O O n W W O) O -4 N M S Ln to n W al O1 O O O O O o O o O r CY) CY) CY) CF) W W W W W(3) a) a) a) a) a) O) 0) O O m 0 0 0 O O O O O O O cl cl cl cl ci cl cl r1 r1 r1 M M 1� M to ci LD m N W N Ln LD ct O c -I N W lD . 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O + O N o O r O - 1O_ N Q O O C u 0 CD i Y O1 0 > N •V? y U 00 N w LL 0 M r N T- 0 0 0 0 0 0 0 0 0 0 00 Il to ui I:T m N .--i o lS, O� 6� OC, <g 01 H � Sg = 01- O w a E N 0C, W � fp L a CU C7 O L •� 0 3 6�0 _ W M a o o �� _ ., � _ LA 4-1LL V S� a o E °c - = U m.0 � W U 01- CO t Ln O O a L c a r� A L co O� O M o C V) a CO a0 o ' O O ,� o o G SOC, v � V z x O � w ) OC, N d +, O O E E S �O� M U U o OC, O O O O O O O O O 1? i^/) tom/} icen icen im/? tN!} icen 4A (suollllW) ($) suoi;ngi.l;uo:) Al!:) paI:)O!Old M r N T- 0 LOW 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. 09/14/2023 Proposed Ordinance No. 23-020- Second Reading - Boynton Beach Amendments to the 7th Edition (2020) of the Florida Building Code. Requested Action: Approve the Boynton Beach Administrative Amendments to the 7th Edition (2020) of the Florida Building Code. Explanation of Request: Based on Florida Statute 553.73 4(a) "Building Construction Standards", the state legislature has provided for local jurisdictions to modify Chapter 1 of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction. The 2023 state legislature revised FS 553.899 "Mandatory structural inspections for condominium and cooperative buildings." These changes have been added to the current Chapter 1 section 110.11 "Building Recertification." Other amended sections include: Revised section 105.2 "Work exempt from permits" Building 7.sheds for single family dwellings. Added sections 110.10.1 "Securing construction sites." How will this affect city programs or services? Some of these changes will allow for the City to further implement recent changes to the state required Building Recertification's that were amended in the most recent legislative session. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ordinance Amending the BB Admin Amendments to FLA Bldg Code 7th ED (2023) Boynton Beach Administrative Amendments to the 7th Edition (2020) of the Florida Building Code -strike.docx Presentation for Boynton Beach Administrative Amendments to the 7th Edition (2020) of the Florida Building Code.pptx 1214 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 ORDINANCE NO. 23-020 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA; APPROVING THE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE 7TH EDITION (2020) OF THE FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 553.734(a), Florida Statutes, the City Commission may adopt amendments to the administrative provisions of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction, subject to the limitations in said statute; and WHEREAS, the City of Boynton Beach has adopted the Boynton Beach Amendments to the 2010 Florida Building Code on March 6, 2012, June 4, 2013 and October 15, 2013; the Florida Building Code 6th Edition (2017) on December 19, 2017; and the Florida Building Code 7th Edition (2020) on November 17, 2020 and the Florida Building Code 7th Edition (2020) on December 6, 2022; and WHEREAS, the Boynton Beach Building Division proposes to modify the city's local administrative chapter (Chapter 1) of the Florida Building Code to add the 2023 state legislature revision FS 553.899 "Mandatory structural inspections for condominium and cooperative buildings"; and WHEREAS, some of these changes will allow for the City to further implement recent changes to the state required Building Recertification's that were amended in the most recent legislative session; and WHEREAS, the City Commission hereby approves and adopts an amendment to the S:ACA\OrdinancesAAmend BB Admin Admendments to FLA Bldg Code 7th Ed (2023) - Ordinance.docx 1215 28 Boynton Beach Administrative Building Code 7th Edition (2020) of the Florida Building Code; 29 and 30 WHEREAS, as required by law, such amendments will be transmitted to the State within 31 30 days after this enactment of the amendments. 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 33 BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing whereas clauses are true and correct and are now ratified 35 and confirmed by the City Commission. 36 Section 2. The City Commission hereby approves and adopts the Boynton Beach 37 Administrative Amendments to the 7th Edition (2020) of the Florida Building Code contained 38 in Exhibit "A" which is attached hereto and incorporated herein by reference. 39 Section 3. As required by law, these amendments will be transmitted to the State 40 within 30 days after this enactment of the amendments. 41 Section 4. That ordinances or parts of ordinances in conflict herewith be and the 42 same are hereby repealed, provided that in the event of a conflict with respect to the 43 administration of the building codes, existing administrative laws or rules of the City shall 44 control. 45 Section 5. Should any section or provision of this Ordinance or any portion thereof 46 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 47 remainder of this Ordinance. 48 Section 6. Authority is hereby given to codify this Ordinance. 49 Section 7. This Ordinance shall become effective immediately. S:ACA\OrdinancesAAmend BB Admin Admendments to FLA Bldg Code 7th Ed (2023) - Ordinance.docx 1216 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 FIRST READING this 5th day of September, 2023. SECOND, FINAL READING AND PASSAGE this day of , 2023. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:ACA\Ordinances\Amend BB Admin Admendments to FLA Bldg Code 7th Ed (2023) - Ordinance.docx NO 1217 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the FLORIDA BUILDING CODE 7th Edition (2020) ORDINANCE NO. EFFECTIVE Der--e—m—her 31, 2020 BEGINNING WITH PERMIT NO. 21 0001 City of Boynton Beach Division Department of Development Building Division 100 East Ocean Avenue Boynton Beach, Florida 33435 (561) 742-6350 Office (561) 742-6357 Fax This document can be downloaded online — at no c,horge — by visiting the "'Forms & Applications" section of the Building Division page on the City of Boynton Beach website at vvww��ton�-beoch�,oir 1 1218 PART 1—SCOPE AND APPLICATION CHAPTER 1 ADMINISTRATION Table of Contents Section 101 GENERAL 3 Section 102 APPLICABILITY 5 Section 103 BUILDING DIVISION 10 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 10 Section 105 PERMITS 13 Section 106 FLOOR AND ROOF LOADS 29 Section 107 CONSTRUCTION DOCUMENTS 29 Section 108 TEMPORARY STRUCTURES AND USES 43 Section 109 FEES 43 Section 110 INSPECTIONS 45 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 56 Section 112 SERVICE UTILITIES 58 Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 59 Section 114 VIOLATIONS 62 Section 115 STOP WORK ORDER 63 Section 116 UNSAFE STRUCTURES AND EQUIPMENT. Section 117 VARIANCES IN FLOOD HAZARD AREAS Section 118 WIND LOADS Section 119 SEVERABILITY 2 63 66 66 66 1219 SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the construction, ^'gin alteration, relocation, enlargement, replacement, l-e� repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family yrs dwellings and multiple single-family Dwe&PY6 dwellings (T^bYPheH6e:9 townhouses) not more than three emeries stories above Grode Plooe grade plane in height with a separate Ade^^s Gf E -^:e« means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with the Ged-e Residen Florida Building Code Residential. 2. Code Requirements that address snow loads and earthquake protection are pervasive; they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix "F," in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, "4eGR5 e{ Eg:e« means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction 1220 shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Further, no employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28 Florida Statutes, as may be amended or replaced. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas. The provisions of the F'^F^'^ _R_w.4 4Pg tom, F--He;GGGs She" Florida Building Code, Fuel Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy- related systems. 101.4.3 Plumbing. The provisions of the FU_A4_'^ Q..r'dy Ee4e 1Pl "ambin Florida Building Code, Plumbing shall apply to the installation, ^';, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 101.4.5 Fire prevention. For provisions related to FIGFi a FiFe Piceventien '^^'^ fire prevention, refer to the er-i'^ F:re r,-ve titin Florida Fire Prevention Code. The Qerode F Fe "ceventien Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, Repel,Akeretien repair' alteration or removal of fire suppression, AutemGt Sp- nkleF Systems automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the r'^ri^'^ Q..,'d:Pg C de^ E-Perg" Gense.-yigNep QP1 Florida Building Code, Energy Conservation shall apply to all matters governing the design and construction of buildings for energy efficiency. 4 1221 101.4.7 Existing buildings. The provisions of the rm►^o:;,d^ Fwis&�^^ QHild:p^''^^'^ Florida Existing Building Code shall apply to matters governing the .', ^►I—oti^R, repair, alteration change of occupancy, Additien-addition to and relocation of existing buildings. 101.4.8 Accessibility. For provisions related to accessibility, refer to the , ^eee ":►.g„ Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458, rrr►^i:r;vv^ -R-wilding Gede. Quikiing aidRude 661- 41 Q—Ar.idamBede. Florida Building Code. Buildinia. and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.11 Flood Damage Prevention. City of Boynton Beach Land Development Regulations (LDR) shall be considered part of the requirements of this code relative to flood control. Conflicting requirements between the Florida Building Code and Chapter 4, Article X, Flood Prevention Requirements of the LDR shall be resolved in favor of the requirement that offers the greatest degree of flood damage prevention or alternatives that would provide an equivalent degree of flood damage prevention and an equivalent method of construction. 101.5 Building Official. Whenever, the Building Official is mentioned in the code, it is also intended to mean the Building Official's designee, wherever applicable. 101.6 Department. Whenever "department" or "department of building safety' is mentioned in this code, it is also intended to mean the City of Boynton Beach Building Division, where applicable. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the 5 1222 W^4-'^ Q..:'ding Ged-o Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the ,Florida Building Code Building to prevent the citin of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. 102.2 Building. The provisions of the F4er4de Building Gede Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the AWAid^ Rwhi d:n^ Gede E-4sting Bifid pg Florida Building Code, Existing Building. The following buildings, structures and facilities, except for those located in a Special Flood Hazard Area are exempt from the 9'^4_d4 Q..:'4 ;n^ Ge4e Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513, 9194-'^kok Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f) Those structures or facilities of electric utilities, as defined in Section 366.02, 91^14d4 stetut^s Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound -recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. (i) Family mausoleums not exceeding 250 square feet (23 ml) in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (j) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. 1223 (k) A building or structure having less than 1,000 square feet (93 m2) which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure: 1. Is not rented or leased or used as a principal residence; 2. Is not located within the 100 -year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map; and 3. Is not connected to an off-site electric power or water supply. (1) Service providers of water, sewer, storm, gas, cable, telephone, or other similar utility systems are exempt to the point of service connection for the building or structure. However, these structures may be subject to local zoning and/or land development regulations. 102.2.1 In addition to the requirements of Section 553.79 and 553.80, r'^FdG !;t_G& Florida Statutes, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, f4er4de Stetutes Florida Statutes, and Part II of Chapter 400, Nerode S+r+Florida Statutes, and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Qer4da Building Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7. The requirements of Florida Building Code, Existing Building Volume, are also satisfied. 102.2.3 The Q.4464ng GgWei^Building Official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or 7 1224 structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. 1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: a. Addition, alteration, or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 mz) or the square footage of the primary structure, whichever is less. b. Addition, alteration, or repairs by a non -owner within a specific cost limitation set by rule, provided the total cost shall not exceed $5,000 within any 12 -month period. c. Building and inspection fees. 2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas, as defined in the code, unless the enforcement district or local enforcement agency has determined that the work, which is otherwise exempt, does not constitute a substantial improvement, including the repair of substantial damage, of such single- family residences. 3. Each code exemption, as defined in sub -subparagraphs 1a, 1b, and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 4. However, each enforcement district or local enforcement agency may establish an alternative permitting program for replacing nonstructural components of building systems in a residential dwelling unit. A licensed contractor performing such work for the resident shall also be exempt from individual permits and inspections if either the owner or the licensed contractor obtains a valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in Section 105.1.2 of this code for compliance evaluation. No added capacity, system expansion or new building work of any type shall be excluded from individual permit and inspection by this provision. F� 1225 102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section 101.4, the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Florida Building Code, E4; ti g guil Existing Building, the F'^F4-a Fir -P Ppev_pP+:^^ C-9� Florida Fire Prevention Code, or the 101-4 Property Maintenance Code. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the F4er4de Building Florida Building Code or4er- de o, :dent el Gede Florida Residential Code, as applicable, for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the 9194.'^ Wr.e o.01429*499 Gede Rd 1:01-4. " PFGpeFty m ^*^^a^^^. Florida Fire Prevention Code and 101.4.4 Property Maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV, or as is deemed necessary by the 964161ing Off c -i 4 Building Official for the general safety and welfare of the occupants and the public. Q7 1226 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the W-041:4-14 8641-d' r-nde Florida Building Code (after March 1, 2002), the wind speed map of the 91„r:,d-P AR6414ng Cede Florida Building Code shall be applicable. (3) A relocated building shall comply with the flood hazard area requirements of the new location, if applicable. 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof -mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 BUILDING DIVISION 103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the Building Official. OF Buil iR 103.2 Appointment. The Building Of c -i g Building Official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Qffiekg Building Official shall have the authority to appoint a deputy Building Offici 4 Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Qffi Building Official. :..=- - - -- -_ - _ - - - FaWATM"M MW 103.4 Restrictions on employees. (Reserved). 10 1227 SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The Building Official shall receive applications, review construction documents and issue Pprmit,;ep rmits for the erection, and ^';, alteration, demolition and moving of buildings and structures, and service systems, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the Building Official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the Building Official determines that the proposed work constitutes substantial Improvement or repair of substantial damage, and where required bythis code, the Building Official shall require the building to meet the requirements of Section 1612 or Section R322, and Article X. Flood Prevention Requirements. 104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contraryto or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such 11 1228 structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. 104.6.2 When the Building Official obtains a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this code. 104.7 Division of records. The Building Official shall keep official records of applications received, Permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records per FS 119. 104.8 Liability. The Building Official, member of the board of appeals or employee charged with the enforcement of this code, while acting for thejurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee or board member because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee or board member of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the Building Official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in 12 1229 compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Building Department. 104.10.1 Flood hazard areas. The Building Official shall coordinate with the floodplain administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code and Article X. Flood Prevention Requirements to determine whether such requests require the granting of a variance pursuant to Section 117. 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, Fire Resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the Building Official shall respond in writing, stating the reasons why the alternative was not approved. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records. 104.12 Requirements not covered by this code. Any requirements necessary for strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes, shall be determined by the Building Official. SECTION 105 PERMITS 13 1230 105.1 Required. Any contractor, owner or owner's authorized agent in accordance with Florida Statute Chapter 489 who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building, tenancy or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing, fire protection systems, accessible elements, flood resistant elements, site drainage elements, the installation of which is regulated by this code or Part III, Chapter 2, Article IV of the BBFL Code of Ordinance, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit(s). 105.1.1 Annual facility permit. In lieu of an individual Permit for each Alteration to an Existing electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the Building Official is authorized to issue an annual Permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The Building Official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a detailed record of Alterations made under such annual permit. The Building Official shall have access to such records at all times or such records shall be filed with the Building Official as designated. The Building Official is authorized to revoke such permit, if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Code, and requirements of the Local Floodplain 14 1231 Management Ordinance. As Determined by The Building Official, permits shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $1,000.00, providing, however, that such work will not adversely affect the structural integrity, fire rating, exit access or egress requirements. Painting, tiling, carpeting, cabinets and countertops and similar finish work for one -and -two fami dwellings with no reconfiguration, electrical, mechanical, gas or plumbing work. 3. Temporary motion picture, television and theater sets and scenery. 4. Traditional swings and other standard playground equipment accessory to detached one- and two- family dwellings, but they may be subject to Zoning permits. 5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R- 3 and U occupancies, but they may be subject to Zoning permits. 6. In the case of roofing repairs, a permit may not be required for work having a value of less than $500, unless such work effects the structural integrity or secondary water barrier of the roof. shed, ) peF single family , 7. Sheds for single family dwelling/lot, having a size less than or equal to 6'X6' and 6' in height are exempt from building permits, but they may be subiect to Zoning permits. Vinyl and other lightweight product sheds are intended to be removable and are not permanent structures, but they may be subject to Zoning permits. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles or repair and replacement of like for like common household electrical fixtures, switches, and outlets on the load side of the electrical source. 15 1232 Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas, except as exempted by Florida Statute Chapter 489.503(14). Temporary testing systems: APeFmi permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Portable self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 8. The installation, replacement, removal or metering of any electrical load management control device where installed by a utility service provider. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a > ep rmit shall be obtained and inspection made as provided in this code. 16 1233 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets in 4r&4 FaFRHy Dwe one -and two-family dwellings. This does not include water heaters, bathtubs, or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official. Notification shall be given to the Building Official, including the work address, nature of emergency, and scope of work immediately, or by the next business day. 105.2.2. Minor repairs. Ordinary minor repairs may be made with the approval of the 9.4t4 ng n*,;�� Building Official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required ""ears ^�Egre« means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include Addition addition to, Additien addition of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service agencies. A Remiep rmit shall not be required for the installation, ^';, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit. To obtain a iep rmit, the applicant shall first file an application therefore in writing on a form furnished by the Divi.m of Building Safety Building Department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Qeride St,..t.Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the £fie, Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate division of building safety. Accepted methods of electronic submission include, but are not limited to, e- 17 1234 mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the division of building safety's website or through a third -party submission management software. Payments, attachments, or drawings required as part of the permit application maybe submitted in person in a non -electronic format, at the discretion of the Building Qffi Buildine Official. 105.3.1 Action on application. The Building Qffieie Building Official shall examine or cause to be examined applications for s ep rmits and amendments thereto within a reasonable time after filing. If the application or the G^gr+r••rc+i^p ^^e••^^nn+construction documents do not conform to the requirements of pertinent laws, the Q 44ing ^ff" iG Building Official shall reject such application in writing, stating the reasons therefore. If the Bui4ing GgWe ^ Building Official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Buil4ing Offi ^' Building Official shall issue aPerAgi permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the Q•44ding ^ff" iG4 Building Official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 SehGGI If a state university. Florida college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No p^Mit May be ;ss„ No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $125,000. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 er-id Stat ..+„�, Florida Statutes may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15 -ton -per -system capacity which is designed to accommodate 100 or more persons or for which the system costs more than $125,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require 18 1235 altering a structural part of the building or for work on a residential one, two, three or four -family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Per4de Stet Florida Statutes to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15 -ton -per system or less is designed for a singular space of a building and each 15 -ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10 -ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single -story office building which consists of six individual offices where each office has a single three -ton package air conditioning heat pump. The six heat pumps are connected to a single water-cooling tower. The cost of the entire heating, ventilation and air- conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18 -ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. 5. Electrical documents. See 9'^ri^'^ «^* , Florida Statutes Section 471.003(2)(h)}. Any electrical or plumbing or air conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. Any system which: 1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value greater than $125,000; and 2. Requires an aggregate service capacity of greater than 600 amperes (240 volts) on a residential electrical system or greater than 800 amperes (240 volts) on a commercial or industrial electrical system; a. Requires a plumbing system with more than 250 fixture units; or b. Requires a heating, ventilation, and air-conditioning system which exceeds a 15 -ton - per -system capacity, or if the project is designed to accommodate more than 100 persons. 19 1236 Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, F4er4de Stek Florida Statutes. NOTE: It was further clarified by the Commission that the limiting factor of 240 volt or over is required to be designed by an Engineer. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514, Florida Statutes 105.3.2 Time limitation of application. An application for a iep rmit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, or for any 6 months (180 days) period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a permit has been issued; except that the 9(44d ng Offic- ^' Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing prior to the abandonment date, with justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re -issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the requirement for Home or Property Owners Association approval, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the P -Q.44^ Q- ilding Ged-e Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, 4er-i a S. -,.tut Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Qerode Stetutes. Florida Statutes. 105.3.6 Asbestos removal contractor exemption. Refer to Section 105.9 for additional requirements. A licensed asbestos removal contractor is not required when moving, removal or disposal of asbestos - containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner -builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and 20 1237 sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos -containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction activity must commence within 6 months of the contract's execution. The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way. A permit shall not be issued by the Building Official for the construction, alteration, or relocation of any building, structure, or system impacting any street, alley or public lane, unless the applicant has received a right of way permit from the authority having jurisdiction over the right of way. 105.4 Conditions of the permit. The issuance or granting of a Remiep rmit shall not be construed to be aPermi ep rmit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of any other federal, state and local laws, ordinances, codes and regulations. sep rmits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal, state and local laws, ordinances, codes and regulations shall not be valid. The issuance of a PeFmi permit based on GenstFuetienDecuRgen+5 construction documents and other data shall not prevent theBuilding Building Official from requiring the correction of errors in the Gens -Fuetien Dee-bi gent. . construction documents and other data. TheBuilding Building Oficialis also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction or of any other federal, state and local laws, ordinances, codes and regulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor 21 1238 shall issuance of a permit prevent the Building GgWei 4 Building Official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months (180 Days) after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months (180 Days) after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit, or revalidation (renewal) of the original permit, is not obtained within six months (180 days) from the date the initial permit became null and void, the 9144d: g 9*6iG Building Official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 Th^ f^^ {^" rene aI, Feissuanee and- extensi^" of a peMit The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit extensions and renewals. 105.5 Expiration. Every permit issued shall become inactive or expired pursuant to Section 105.4.1 of this code, and shall be renewed pursuant to Section 105.4.1.1 of this code before the work may resume. Permits that remain inactive or expired for more than six months (180 Days) shall lose all rights vested in the permit pursuant to Section 105.4.1.2 of this code. In order to complete the work authorized under a permit which has loss all vested rights, the permit holder and property owner shall be responsible to either remove the work from the site or obtain a new permit to complete all work in accordance with the current code requirements and approved permitted plans. Inspections performed and accepted prior to expiration may be accepted subject to the discretion of the Building Official. 105.5.1 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a property owner, regardless of whether the property owner is the one listed on the application for the building permit, may close a building permit by complying with the following requirements: 22 1239 1.) The property owner may retain the original contractor listed on the permit or hire a different contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspection in order to close the permit. If a contractor other than the original contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs. 2.) The property owner may assume the role of an owner -builder, in accordance with Sections 489.103(7) and 489.503(6), Florida Statutes. 3.) If a building permit is expired and its requirements have been substantially completed and no life safety issues exist as determined by the local enforcement agency, the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material, design or method of construction. 4.) A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection, if the local enforcement agency determines that no apparent safety hazard exists. 105.5.1.1 For purposes of this section, the term "close" means that the requirements of the permit have been satisfied. 105.5.1.2 For the purposes of this subsection, an open permit shall mean a permit that has not satisfied all requirements for completion as listed in Section 110. 105.5.2 Responsibility to Close Permits. Closing out or resolving open or expired permits shall be the responsibility of the permit applicant and the property owner. Failure to close out or resolve open permits may result in a referral of the matter to the Florida Department of Business and Professional Regulations - Construction Industry Licensing Board (CILB) or Palm Beach County Construction Industry Licensing Board (CILB), as applicable, and the Boynton Beach Community Standards Division. 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. 23 1240 105.6.1 Arm's Length -Purchaser- Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize sanction or assess fees against an arm's-length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed. The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the permit. 105.6.2 Discipline. Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building permit to a contractor solely because the contractor is listed on other building permits that were not closed. However, the Building Official may elect to refer violations to the appropriate licensing authority for potential discipline. 105.6.3 Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this code, when there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 105.6.4 Violation of code provisions. The Building Official may require correction or revoke the permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 105.7 Placement of permit. The buildingPeregi permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. In accordance with Section 713.135, r1„14&kg c+4t„+e-s, Florida Statutes when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14 -point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, F4eraida Stat Florida Statutes and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal Contractor Exemption" of this code for additional requirements. 105.10 Certificate of protective treatment for prevention of termites. A weather -resistant job -site posting board shall be provided to receive duplicate treatment certificates as each required protective 24 1241 treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon written request and approval of the Q..: ding Qfj4 ^' Building Official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. This provision only applies to the Florida Building Code, all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the Building Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. This provision only applies to the Florida Building Code, all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.14 Permit issued on basis of an affidavit. The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the Building Official, are hazardous or complex, the Building Qffi6W BuildinE Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the Q" IIF Building Official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are 25 1242 reviewed by the Building ^ffi 'Building Official. The Qbii'^' ng ^ffi Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Ftertd'e kFlorida Statutes and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, 9'^ri^'^ pkat-ut Florida Statutes Nothing aforesaid shall preclude plan review or inspections by the Building Official (See also Section 107.6). Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of $750,000 or more; opening protections as required within this Code or rm'^P:d- R-WId: g Ge6'e Florida Building Code, Resideptior Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Wlerida Ruil ing Ggde Florida Building Code are not required to comply with this section. 105.16 Inspection of existing residential building not impacted by construction. (a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one- or two-family residential building permit the inspection of any portion of a building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought. (b) This subsection does not apply to a building permit sought for: 1. A substantial improvement as defined in Section 161.54, 9'^ri^'^ "_Gk Florida Statutes or as defined in the P-Prid- -Ruil-d ng Ged Florida Building Code. 2. A change of occupancy as defined in the Florida Building Code. 3. A conversion from residential to nonresidential or mixed use pursuant to Section553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4. A historic building as defined in the Florida Building Code. (c) This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector, or other official or entity, from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph (a). 26 1243 2. Inspecting a physically nonadjacent portion of building, structure, or real property that is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph (a). 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building, structure, or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph (a). 4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30, 9'^ri-d^ Smoti Florida Statutes. 105.17 Streamlined low -voltage alarm system installation permitting. (1) As used in this section, the term: (a) "Contractor" means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489. (b) "Low -voltage alarm system project" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in s. 489.505, that is hardwired and operating at low voltage, as defined in the National Electrical Code Standard 70, Current Edition, or a new or existing low -voltage electric fence, and ancillary components or equipment attached to such a system or fence, including, but not limited to, home -automation equipment, thermostats, closed-circuit television systems, access controls, battery recharging devices, and video cameras. (c) "Low -voltage electric fence" means an alarm system, as defined in s. 489.505, that consists of a fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts which produces an electric charge upon contact with the fence structure. (d) "Wireless alarm system" means a burglar alarm system or smoke detector that is not hardwired. (2) Notwithstanding any provision of law, this section applies to all low -voltage alarm system projects for which a permit is required by a local enforcement agency. However, a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. (3) A low -voltage electric fence must meet all of the following requirements to be permitted as a low - voltage alarm system project, and no further permit shall be required for the low -voltage alarm system project other than as provided in this section: 27 1244 (a) The electric charge produced by the fence upon contact must not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission Standard No. 60335-2-76, Current Edition. (b) A nonelectric fence or wall must completely enclose the low -voltage electric fence. The low - voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall. (c) The low -voltage electric fence must be identified using warning signs attached to the fence at intervals of not more than 60 feet. (d) The low -voltage electric fence shall not be installed in an area zoned exclusively for single- family or multi -family residential use. (e) The low -voltage electric fence shall not enclose the portions of a property which are used for residential purposes. (4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required. (5) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost of not more than $40 per label per project per unit. The local enforcement agency may not require the payment of any additional fees, charges, or expenses associated with the installation or replacement of a new or existing alarm system. (a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit any information other than identification information of the licensee and proof of registration or certification as a contractor. (b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or more unspecified current or future projects. (6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low -voltage alarm system project site before commencing work on the project. (7) A contractor is not required to notify the local enforcement agency before commencing work on a low -voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low - Voltage Alarm System Project as provided under subsection (8) to the local enforcement agency within 14 days after completing the project. A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low -Voltage Alarm System Project. 28 1245 ""0 r The Uniform Notice of a Low -Voltage Alarm System Project maybe submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons. The Uniform Notice of a Low -Voltage Alarm Svstem Proiect shall be in the format prescribed by 29 1246 The Uniform Notice of a Low -Voltage Alarm System Project maybe submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons. The Uniform Notice of a Low -Voltage Alarm Svstem Proiect shall be in the format prescribed by 29 1246 the local enforcement agency and must comply with the requirements of Section 553.793(7) and (8). Florida Statutes. (9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low - voltage alarm system project to ensure compliance with applicable codes and standards. If a low - voltage alarm system project fails an inspection, the contractor must take corrective action as necessary to pass inspection. (10) A municipality, county, district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low -voltage alarm system project that is inconsistent with this section. (11) A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489, Florida Statutes SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of eachstory in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of G^^st-PUG-ti^nDee-ur epts construction documents, statement of Spec.".' nspe tion:s special inspections, geotechnical report and other data shall be submitted in two or more sets with eachPerngi permit application. The G^Ps-&-wrtien "^-ungeP ts construction documents shall be prepared by a eyy steres Design Pre{ « ^n^registered design professional where required by Chapter 471, Florida Statutes & 61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special conditions exist, the 30 1247 Building Official is authorized to require additional Gens&uetien Dee g^^*s construction documents to be prepared by a Registered Design P"ec„« eRal registered design professional. Electronic media documents shall be submitted when required by the Building Official, in a format acceptable to the Building Official, and may require only one set of submittals. Exception: The Building Qffi6W BuildinE Official is authorized to waive the submission of Genst uetieg construction documents and other data not required to be prepared by a Registered Design Pr^{ « ^R^' a Registered Design Professional if it is found that the nature of the work applied for is such that review of G-Ap6tr e-6- n "^--w4)-P^*6 construction documents is not necessary to obtain compliance with this code. If the design professional is an architect, interior designer, or engineer legally registered under the laws of this state regulating the practice of architecture or interior design as provided for in Chapter 481, Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying data, as required by Florida Statute. 107.2 Construction documents. Gens ruetien ^eebtw,, n. construction documents shall be in accordance with Sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. Genstr-ue ien Decu gen construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when d approved by the Building Official. G-epstrue-6^n PerwmePts construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Building Official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 107.2.1.2 Additional data. The Building Official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the Building Official to be prepared 31 1248 by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 -inch scale upon substantial paper, cloth or other acceptable medium. The Building Official may establish, through DepaF+,.,.,,,r departmental policy, other standards for plans and specifications, including electronic format, in order to provide conformity to its electronic permit review and record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings. Shop drawings for the Pre or^*^ -*i^^ S• tepg(4 fire protection systems(s) shall be submitted to indicate conformance to this code and the G^nsitr e -N-^4 Pec-i;�s_ construction documents and shall be Appr-eve approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 107.2.3 Means of egress. The GenstFuetien ^^e••• ent_5 construction documents shall show in sufficient detail the location, construction, size and character of all portions of the Means W gr-ess means of egress including the path of the €*4 Diseher-ge exit discharge to the Publie ") public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and 1-1, the Gens-btetien Deeument6 construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Gen-str e -6 -on ^^r••m^^*sconstruction documents for all buildings shall describe the F-w*^46er 14'^" -ravel^^^ exterior wall envelope in sufficient detail to determine compliance with this code. he G^^-#rHr#i"" ^ ^^*9 construction documents shall provide details of the €44-e i^ir 1AIG4 -nvei^^^ exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water -resistive membrane and details around openings. The PeGun4^^+s construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the GeRstFueti^R ^^c• m^^t5 construction documents maintain the weather resistance of the F-A^ri^r'"'^" E-Rvel^p^ exterior wall envelope. The supporting documentation shall fully describe the F t^r:^:'"'^" exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking surfaces are exposed to water from director blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier the construction documents shall include details for all element of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions. (CA7834) 32 1249 107.2.6 Site plan. The Gens .uetien ^^et4m^^*5 construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from Let lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and Design Peed design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The site plan shall include accessible parking and accessible routes as required by the FBC Accessibility when applicable. The iguilding ^ff" ie4 Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for ^'teen alteration or repair or when otherwise warranted. 107.2.6.1 Design flood elevations. Where ^e6igp 4eed design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. Design flood elevations shall be uniformly specified utilizing the currently effective NAVD 88. 107.2.6.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite. These plans must be open to inspection by the Building Off" c""Building Official or a duly authorized representative, as required by the Florida Building Code. 107.2.7 Structural information. The Gens -fwetien ^,,cungent.5 construction documents shall provide the information specified in Section 1603 and include shoring details, where applicable, for new construction and alterations. Where construction includes excavation, shoring details shall demonstrate protection of the angle of repose for foundation systems of existing adjacent structures. 107.3 Examination of documents. The guii ing Off c -i 4 Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Ner4destat Florida Statutes and state approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to FAC 61-41.009, Florida Administrative Code, shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house 33 1250 fire departments and rescue squads is exempt, subject to approval by the BHilding QffieiG4 Building Official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire -safety inspectors. 107.3.1 Approval of construction documents. When the Building Official issues a iep rmit, the Genstr- etienDecument construction documents shall be d approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of GeRS P-wrtiep ^^,.,,Y,.,-er+s construction documents so reviewed shall be retained by the Building ^ffieiG Building Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the igHiid: g ^ffi6 ^' Building Qicialor a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the Gen6true- en construction documents, construction or designated occupancy of a structure for which a lawful Permi permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. (See also Section 105.13 of this code.) The Building Qffi6W BuildingOfficial is authorized to issue a P2Fmiep rmit for the construction of foundations or any other part of a building or structure before the Genstrwetien ^,,,.,,w,,, t_s construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such Remi ep rmit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a Re miep rmit for the entire structure will be granted. This provision only applies to the Florida Building Code; all other agency approvals necessary for construction must be secured prior to this provision being applied. 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by aRegister-ed Design o-6{ W^p^'registered design professional, the gyiiding Q*ei^' Building Official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building PeH49i permit application a Register -eel Design Pr^{ « eno registered design professional, who shall act as the Registered Design P"^{ « eR-W registered design professional, IR Respen ible har- a in reasonable charge. If the circumstances require, the Owne owner or the owner's authorized agent shall designate a substitute Registered Design in Resp p 4ble Ghmrge registered design professional in responsible charge who shall perform the duties required of the original Registered Design Pre fe sienGi �sble Ehar-ge—registered design professional in responsible charge. The Buiiding Qff4 Building Official shall be notified in writing by the Ownerowner or the owner's authorized agent if the Reg;ster-ed Design PF6_1;646PPOI^ o26^ensibie G" registered design professional in responsible charge is changed or is unable to continue to perform the duties. The Register -ed Design o.^�e«:^^^"^ Respepsi" a 9G4� registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, 34 1251 including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Qffi6&h-_Bqfldiing Official. Deferral of any submittal items shall have the prior approval of the Building Official. The Rey;s -er-ed Design PFe e$sv^Gi in Re:9pensilble Charge registered design professional in responsible charge shall list the deferred submittals on the ''^Qc+r_w&ti^^ ^^-bi^^^^*6construction documents for review by the Quiidiny ^ff 6G4 Building Official. Documents for deferred submittal items shall be submitted to the Reyster-ed Design PFeJEer,44PP041 In e:5pen6ib e OgG -ge registered design professional in responsible charge who shall review them and forward them to the Quill:^^ Gff ei 4 Building Official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been Appr-eve approved by theBuilding Official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), .'^Fi_d^ StGtutes Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, W^ri-d^ &^*6* Florida Statutes, or Chapter 481 Ner4de S.-�T Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind -resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, W -Ar '^ "Gt6* Florida Statutes. 107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the GqWeiG Building Official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations: Commercial Buildings: Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius 35 1252 Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines Flood hazard areas, flood zones, and design flood elevations 2. Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draft stopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic Safeguards during construction, as applicable 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements 36 1253 Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope (including Section 107.2.4 of this code) Impact resistant coverings or systems Structural calculations (if requested) Foundation Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood damage -resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Deck coatings Insulation Building envelope portions of the Energy Code (including calculation and mandatory requirements) 10. Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 37 1254 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation (including corresponding portion of the energy code) Sanitation 12. Special systems: Elevators Escalators Lifts 13. Energy Code submittal 14. Swimming pools: Barrier requirements Spas Wading pools 15. Location and installation details. The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs Electrical portions of the Energy Code (including calculation and mandatory requirements) 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 38 1255 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10. Location of water supply line 11. Grease traps 12. Environmental requirements 13. Plumbing riser 14. Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) Mechanical 1. Mechanical portions of the Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust 39 1256 Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof -mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10. Chimneys, fireplaces and vents 11. Appliances 12. Boilers 13. Refrigeration 14. Bathroom ventilation 15. Laboratory 16. Design flood elevation Gas 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces we 1257 8. LP tank location 9. Riser diagram/shutoffs 10. Design flood elevation 11. Gas portions of the Energy Code (including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential (one- and two-family): 1. Site requirements: Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Fire 4. Smoke detector locations 5. Egress Egress window size and location stairs construction requirements 6. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials, connector tables, and structural calculations (if required) Termite protection Design loads Wind requirements Building envelope Structural calculations (if requested) Foundation Wall systems Floor systems 41 1258 Roof Systems 7. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage -resistant materials 8. Accessibility requirements: show/identify accessible bath 9. Impact resistant coverings or systems 10. Residential Energy Code submittal (including calculation and mandatory requirements) 11. Electrical: Electric service riser with wire sizes, conduit detail and grounding detail Complete load calculations, Panel schedules 12. Mechanical: Equipment and location, Duct systems 13. Plumbing: Plumbing riser 14. Gas: Gas piping Venting Combustion air Chimneys and vents Appliances Type of gas Fireplaces LP tank location Riser diagram/shutoffs 15. Swimming Pools Barrier requirements Spas Wading pools 42 1259 Manufactured buildings/housing - 1. Site requirements Setback/separation (assumed property lines) Location of septic tanks (if applicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size (if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical exterior disconnect location Exemptions. Plans examination by the Building Qffi Building Official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units, water heaters, etc.; 2. Reroofs (as determined by Building Official); 3. Minor electrical, plumbing and mechanical repairs; 4. Annual maintenance permits; 5. Prototype plans: Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver; or 6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 107.4 Amended construction documents. Work shall be installed in accordance with the d Gens-btetien ^^e• ent—s approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of Gepstrueti^^ construction documents. 107.5 Retention of construction documents. One set of ppr-e •^^^^^• ^^^^ts approved construction documents shall be retained by theguiWing BuildingOfficial for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. 43 1260 107.6 Affidavits. The Building Offic-i 4 Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The Building GqWei 4 Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Qffieig4 Building Official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the Building Off; :^► Building Official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The guii inn ^ff eiG Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, '►^:idig �+^t..t Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, c►^..:,d^ c+^+64+^s Florida Statutes. Nothing aferesaid shall preclude plan review or inspections by the Building Official (See also Section 105.14). seFV!ees aFe utilized, all time 4anges shall adheFe to tinge fFames as FIGFida Statutes =5=53.791 107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The BuildiRg QffieiW Building Official is authorized to issue a ReFriep rmit for temporary structures and temporary uses. Such PeFmispermits shall be limited as to time of service, but shall not be permitted for more than 180 days. The Builth., ^ffei 4 Building Official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power. The Building GgWe ^' Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. 1261 108.4 Termination of approval. The Building Qf#L-i 4 Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure to be removed and the use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a Repanep rmit be released until the additional fee, if any, has been paid. 109.1.1 Other fees. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, City Park & Recreation fees, Fire Division fees, City Green Building Fee, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Division fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2, Article 1, Section 5. The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee (30% of the total Art fee) is due prior to permit issuance. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or 41tprotipp alterations requiring a Pepaf ep rmit, a fee for each Peri ep rmit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following: • Permits; • Plans examination; • Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity); • Re -inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations; and • Other fees as established by local resolution or ordinance. 45 1262 109.3 Building permit valuations. For permitting purposes, the applicant for a P2Fmiep rmit shall provide an estimated iep rmit value at time of application.PeFmi permit valuations shall include total value of work or total replacement value of work, including materials and labor for which the permit is being issued, such as structural, electric, plumbing, mechanical, interior finish, relative site work, architectural and design fees, overhead and profit; excluding only land value. If, in the opinion of the Building Qffi Building Official, the valuation is underestimated on the application, the ReFriep rmit shall be denied, unless the applicant can show detailed estimates to meet the approval. Valuation references may include the latest published data of national construction cost analysis services, such as, Marshall -Swift, Means, etc., as published by International Code Congress. Final buildingPernqi permit valuation shall be set by the guii ing ^ff ei G'' Building Official. 109.3.1 Exemptions. Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than $10,000 dollars if the following criteria are met: 1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. 2. Equipment must be purchased directly by the owner. 3. Equipment cannot not be an integral part of the building, building envelope, building system, and/or essential to the operation of the building. 4. The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessarys permit(s) or without prior approval from the Building Gffieie Building Official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by theBuilding Building Official that shall be in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within one (1) business day and any unreasonable delay in obtaining those permit(s) shall result in the charge of a quadruple fee. The payment of a quadruple fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Building ^ffi. ^' Building Oficialmay grant extensions of time or waive fees when justifiable cause has been demonstrated in writing to two times the fee. 1263 109.5 Related fees. The payment of the fee for the construction, Aiterwtien alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. All permit fees under this section are non-refundable and non -transferable. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the Building ^ff4. ^' Building Official and such construction or work shall remain exposed and provided with access for inspection purposes until Appr-eve approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the Owner owner or the owner's authorized agent to cause the work to remain exposed and provided with access for inspection purposes. The Building Official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (C 110.1.1 Manufacturers and fabricators. When deemed necessary by the Building Offi. ^' Building Official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. TheBuildingOfficial may make, or cause to be made, the inspections required by Section 110. He or she may accept reports of division inspectors, independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified bythe Building Offi Building Official. The Building Official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues. The Building Official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; 47 1264 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch; 4. For pile driving; 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height; or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present when work is underway on the structural elements of the building to adequately attest to its compliance. Such inspectors shall be a registered architect, or engineer. An employee of the architect or engineer licensed under Chapter 468, Part XII, Florida Statutes may perform the inspections, under the direction of and with final certification from the architect or engineer. Such inspectors shall submit weekly progress reports including the daily inspections to the Building Official, and including a code compliance opinion of the resident inspector. At the completion of the construction work or project, the architect or engineer shall submit a certificate of compliance to the Building Official, stating that the work was done in compliance with this code and in accordance with the permitted drawing. Final inspection shall be made by the Building Official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections may be made at any time to monitor activities and resident inspectors. 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format acceptable to the Building Official, an affidavit for certification of inspection may be accepted from the permit qualifier; when accompanied by extensive photographic evidence of sufficient detail to demonstrate code compliance. The photographic evidence shall be comprehensive in the display of the installation and/or construction and job location identifiers. The affidavit and accompanying photographs shall be provided to the inspector onsite, at the next scheduled inspection. If the photographs are found to be insufficient by the Building Official to demonstrate compliance with this code and/or the permitted document, or clearly display location identifiers, or are missing, the inspector shall require the contractor to obtain the services of a registered Florida Professional Engineer to inspect and certify the installation and/or construction. 110.1.3.1 Exception: Affidavits may not be accepted for inspection of elements of construction which require inspection by the local jurisdiction under the requirements of 44CFR59 and 44CFR60 and the local flood damage prevention ordinance. 110.1.4 No inspection shall be made until sanitary facilities have been provided, as required in Section 311.1 of the Florida Building Code Plumbing. 48 1265 110.2 Preliminary inspection. Subject to the limitations of Florida Statutes Chapter 553.79(20), before issuing a permit, the Building Qff4ei 4 Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit, the Building Official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. The Building Official may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. The Building Official shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code, Existing Building Volume, may apply. 110.3 Required inspections. The guiidipy Of f4eiG Building Official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The Building Gffieie Building Official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A. Building 1. Foundation inspection. To be made after trenches are excavated, forms erected, and required reinforcing steel is in place. The Foundation inspection shall at a minimum include the following building components: • Stem -wall • Monolithic slab -on -grade • Piling and pile caps • Footings/grade beams 1.1. Slab Inspection: Concrete slab and under -floor inspections shall be made after in -slab or under -floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of piceviding a swicvey, the e mica,+„ may eleet teunEeveic all picepei:ty lige—maickers-and- Sticing up all picepeicty lines in p; epm=ctierr f e F i R sp eet+e; . .44 sarrtKixE srs��vrr .4 . I • 1266 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certification shall be submitted to the uth,,.-;+., having jUFiS d;et4P Building Official as per Chapter 4, Article X, Flood Prevention Requirements of the LDR. Any locations Outside outside of the flood hazard area the contractor shall meet the minimum requirements for Habitable Finish Floor above the crown of the road per Chapter 4, Article X, Flood Prevention Requirements of the LDR. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms, reinforcing steel, shoring, conduit, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry -in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Floor sheathing • Sheathing fasteners • Roof/wall dry -in. • Gypsum board, as required • Sheathing/cladding inspection NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and corrected prior to installation of the dry -in material. Exception: ring shank nails shall be bent over and a new fastener installed. 2.3 Roofing inspection. Shall at a minimum include the following building components: • Dry -in • Insulation • Roof coverings (including in -pro rg ess) • Flashing • Sheathing 2.4 Re -Roof sheathing inspection. An affidavit with a notarized signature of a state or locally licensed roofing contractor for the installation of additional sheathing fasteners as required by the Existing Building Code may be accepted at the discretion of the Building Offirinl 50 1267 2.3 Framing inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • Window/door framing and installation. • Vertical cells/columns complete, if applicable • Lintel/tie beams complete, if applicable. • Framing/trusses/bracing/connectors (including truss layout drawings) • Draft stopping/fire blocking • Curtain wall framing • Fire resistant assemblies, joints and penetrations, as required • Accessibility. 3. Exterior wall coverings. Shall at a minimum include the following building components in progress inspections: • Exterior wall coverings and veneers • Soffit coverings §4. Insulation Inspection. To be made after the framing inspection is approved and the insulation is in place, according to approved enerev calculation submittal. Includes wall and ceiline insulation. thermal and ienition barriers. 65. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. 51 1268 Exception: Gypsum board that is not part of a fire resistance rated assembly or a shear assembly, unless otherwise determined by the Building Official. -76. Final inspection. To be made after the building, including all sub -trade inspections, are completed and ready for occupancy. -76.1. Elevation Certificate. As part of the final inspection, an elevation certificate shall be submitted to the authority having jurisdiction. -76.2. A final survey prepared and certified by a registered surveyor may be required at time of final inspection, when applicable. ,97. Swimming pool inspection. • First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell. • Underground electric inspection • Underground piping inspection, including a pressure test • Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in placed. • Final pool piping. • Final electric inspection to be made prior to filling the swimming pool with water. • Final permanent barrier inspection to be made prior to filling the swimming pool with water. •—IR eFdeF tsPass fiRal Drtspest+e.R-a;,d- Fese+ve a Ee.rt+fiFate ef. Gemplet+e, , a CP.,+7n P ACA '1 17 Af thins; r-Adp • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. 98. Demolition inspections. • First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 409. Manufactured building inspections. The division of building safety shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the W-Pr;,d- RH41 ing C -^d„ Florida Building Code. Additional inspections may be required for public educational facilities (see Section 423.27.20 of this code). 52 1269 3110. Where impact -resistant coverings or impact resistant systems are installed, the Building Official shall schedule adequate inspections of impact -resistant coverings or impact resistant systems to determine the following: • The system indicated on the plans was installed. • The system is installed in accordance with the manufacturer's installation instructions and the product approval. B. Electrical 1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof, framing, fire blocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Low Voltage: To be made for security, alarm, elevator, and special uses. 4. Final inspection. To be made after the building electrical system is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. 5. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required electrical equipment, GFCI protection, and equipotential bonding are in place on said alterations or repairs. C. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof, framing, fire blocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building plumbing system is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing for required tests. D. Mechanical 53 1270 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. ^� Includes mechanical provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building mechanical system is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. E. Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. ;Re? Includes gas provisions of the energy code and approved calculations provisions. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. F. Site Debris Maintenance 1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and maintained in a safe condition at all times as not to become a safety hazard to workers or city staff. 2. All debris shall be kept in &4c4 a secure manner as to prevent it from being spread to adjacent properties or the public right of way by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For 54 1271 concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 110.3.2 Concrete slab and under -floor inspection. Concrete slab and under -floor inspections shall be made after in -slab or under -floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification shall be submitted to the Building ^f{".:^' Building Official. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, F4r^ Bleeking fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are Appr,ev approved. 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire -resistance -rated assembly or a shear assembly. 110.3.6 Weather -exposed balcony and walking surface waterproofing. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious - moisture -barrier system shall not be concealed until inspected and approved. 110.3.7 Fire- and smoke -resistant penetrations. Protection of joints and penetrations in fire -resistance rated assemblies, Q-orr",r; smoke barriers and smoke partition shall not be concealed from view until inspected and approved. 110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with f&e Florida Building Code, Energy Conservation and confirm with the approved energy code submittal (by appropriate trade) and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation X R- and 1�- U -values, fenestration 1=1- U -value and Solar Heat Gain Coefficient, duct system R -R -value, and HVAC, lighting, electrical and water -heating equipment efficiency. SS 1272 110.3.9 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7, the Building Offici 4 Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the division of building safety. 110.3.10 Special inspections. Reserved. 110.3.11 Inspections prior to issuance of Certificate of Occupancy or Completion. The Building Official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performing inspections, the Building Official or designee shall give first priority to inspections of the construction, addition, or renovation to, any facilities owned or controlled by a state university, state community college or public school district. 110.3.12 Final inspection. The final inspection shall be made after all work required by the building Pefflq#-4) permit(s) is completed. 110.3.12.1 Flood hazard documentation. If located in a flood hazard area, shall be submitted to the &Wding Qff4eiW Building Official prior to the final inspection. 110.3.12.2 Energy Code documentation. If required by energy code path submittal, confirmation that commissioning result requirements have been received by building owner. 110.3.13 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the guii ing Q f,4 ^' Building Official has been received. 110.3.14 Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code, the Building Q*c- GBuilding Official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1. The system indicated on the plans was installed. 2. The system is installed in accordance with the manufacturer's installation instructions and the product approval. 110.4 Inspection agencies. The 96W64py Qff4ei 4 Building Official is authorized to accept reports of AppFeved approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 56 1273 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the &Wding Qffiekg Building Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Qffiei44 Building Official. The Building Qffieia4 Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify thePermi ep rmit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Qa4eling ^{fief^' Building Official. 110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by the threshold building inspector. 110.8 Threshold building. 110.8.1 During new construction or during repair or restoration projects in which the structural system or structural loading of a building is being modified, the enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the Building Official, the architect, or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector. 110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number -of -stories criteria which would result in classification as a threshold building under Section 553.71(7), Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Per4de guii&ng Gede Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, 91,,.:,d- 54-ok Florida Statutes, as an engineer or under Chapter 481, 9194-'^ "-Pk Florida Statutes, as an architect. 110.8.4 Each enforcement agency shall require that, on every threshold building: 57 1274 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire -safety standards as determined by the local authority in accordance with this Section and Chapter 633, F-'^ri.d^ St-GtHt Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), F-'^ri^'^ c+^*• t Florida Statutes, or to a licensed building contractor, as defined in Section 489.105(3)(b), 9.194d^c__R4 s, Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The division of building safety may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, F'_gF.WG c*^+••* Florida Statutes, without duplicative inspection by the division of building safety. The Q 44ing "f eiG4 Building Official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, F4er4dG c+^t Florida Statutes, or certified as a special inspector under Chapter 471 or 481,er-ie'^ Statutes. Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), W^ri-d^ c*^t Florida Statutes, are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent 58 1275 properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, pools, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. 110.10 Storm Shutter Placement dUFORgHUFFiGRAP SPASOR. I I a IQ =After the termination of such periods of time that had been designated by the National Weather Service as being a hurricane watch or warning, hurricane protective devices installed on occupied buildings which impede required egress or required light and ventilation shall be removed within 15 days. 110.10.1 Securing construction sites. During such periods of time as the National Weather Service has issued a severe weather advisory that is in effect for Palm Beach County, are deemed sufficient notice to the contractor and/or owner of any active or inactive construction project, the contractor and/or owner shall be responsible for securing loose construction debris and loose construction materials against the effects of hurricane force winds. 110.10.2 The contractor and /or owner of any active or inactive construction project shall be responsible to secure or remove materials that are not fastened or secured to the ground or any permanent structure. Materials stockpiled on top of any structure under construction shall be permanently installed by the property owner or contractor upon a hurricane watch; however, in the event such installation cannot be timely completed, then the contractor and /or owner shall: a. Band together the construction materials and fasten them to the top of the structure in such a manner so as not to present a threat of their becoming airborne during severe weather; or b. Remove the construction materials from the top of the structure and fasten down to the ground; or c. Remove the construction materials from the job site; or d. Store the construction materials inside an enclosed secure structure. 110.10.2.1 For the purposes of this section, "severe weather advisory" shall be defined as any one of the following: a tropical storm warning, a hurricane watch, or a hurricane warning. 110.11 Building Recertification 110.11.1 Existing Building Recertification PFegFaffi. Maintaining the structural integrity of a building throughout i+S Serviee life the life of the building, in order to ensure that buildings are structural and electrical service system are sound so as to not pose a threat to the public health, safety, or welfare. Building Recertification inspections shall be for the purpose of determining the structural & electrical service system of the building or structure to the extent reasonably possible of any part, material or 59 1276 assembly of a building or structure which affects the safety of such building or structure and/or which supports any dead or designed live load, and the general condition of its electrical service system(s) pursuant to the Building Code. 110.11.1.1 Backlog. Due to the initial backlog of buildings required to be recertified, the Building Official shall establish a completion schedule for recertification, which shall be based upon factors that may include, but shall not be limited to, the age, location, construction materials, occupancy load, and function of a building. This completion schedule shall include a recertification deadline for each building for which recertification is required and may be amended by the Building Official as necessary or advisable. 110.11.1.2 Nothing in this section shall be construed to prevent or limit the Building Official's authority to inspect, order inspections or reports, or abate unsafe conditions at existing buildings outside of the requirements of this section, including, but not limited to, the Building Official's authority pursuant to section 116 Unsafe Structures and Equipment of this chapter. 110.11.2 Public Records. Building Recertification inspection reports and other information received by the City in connection with the Building Recertification inspections shall be available to the public consistent with the requirements of Florida Statute 119. 110.11.3 Inspection professional. The inspecting professional(s) shall have a right of entry into all areas he/she deems necessary to comply with the Building Recertification Inspeetien PFegF+A+-inspection. 110.11.4 Definitions. Condominium/Cooperatives. An owner or owners of a building that is three stories or more in height as determined by the Florida Building Code and that is subject, in whole or in part, to the condominium or cooperative form of ownership as a Residential Condominium association as defined under Florida Statute 718 and Residential Cooperative association as defined under Florida Statute 719 Building age. Means the time period since the issuance of a certificate of occupancy or, where adequate records are not available to determine when a certificate of occupancy was issued, shall be determined by the Building Official based on the best available evidence. Milestone inspection. Means a structural inspection, required under section 553.899, Florida Statutes, of a building, including an inspection of the electrical system, load-bearing RFs elements, ei-A the primary structural members and primary structural systems as those terms are defined in s. 627.706, by an lieeRsed architect licensed under chapter 481 or engineer licensed under chapter 471 authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural and electrical components of the building and, to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any electrical or structural component of the building. The purpose of such inspection is not to determine if the condition of an existing building is in compliance with the Florida Building Code, National Electrical Z 1277 Code or the Fire Safety Code. The milestone inspection services may be provided by a team of professionals with an architect or engineer acting as a registered design professional in responsible charge with all work and reports signed and sealed by the appropriate qualified team member. Owner. Means the fee simple title holder of the land on which a building subject to Building Recertification Inspection inspection is situated or, in the case of condominium or cooperative type of ownership, shall mean the person or entity responsible for the structure and common systems of a building subject to Building Recertification IRspeGti9R inspection. Substantial structural deterioration. Means substantial structural distress or substantial structural weakness that negatively affects a building's general structural condition and integrity. The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration. Threshold Building. In accordance with Florida Statute 553.71, means any building which is greater than 3 stories or 50 feet in height, or which has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of greater than 500 persons. 110.11.5 Required Building Recertification Inspection. An owner or owners of a Threshold building(s) or that is three stories or more in height as determined bythe Florida Building Code and that is subject, in whole or in Bart. to the condominium or cooraerative form of ownership as a residential condominium association under chapter or and a residential cooperative association under chapter must have a milestone inspection performed for each building that is three stories or more in height by December 31 of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter. If a building reached 25 years of age before July 1, 2022, the building's initial milestone inspection must be performed before December 31, 2024. If a building reaches 25 years of age on or after July 1, 2022, and before December 31, 2024, the building's initial milestone inspection must be performed before December 31, 2025. If the date of issuance for the certificate of occupancy is not available, the date of issuance of the building's certificate of occupancy shall be the date of occupancy evidenced in any record of the local building official. 1. Threshold buildings within Boynton Beach City limits, a milestone inspection must be performed by December 31st of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter. 2. Condominium associations and Cooperative associations within Boynton Beach City limits, that are three stories or more in height, a milestone inspection must be performed by December 31st of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter. Exceptions: 61 1278 a) Single-family, two-family, three-family and Town homes with three or fewer habitable stories above ground. b) State or University and Palm Beach County School buildings. c) U S Government, State of Florida, Palm Beach County and local municipal buildings. 110.11.5.1 Subsequent Building Recertification !^s,_ t!ORS inspections shall be required at ten (10) year intervals from the date of the 25th anniversary of existence of buildings or structures regardless of when the inspection report for same is finalized or filed. 110.11.5.2 The Building Official may accept phase one and phase two inspection reports prepared by a licensed Architect or Engineer for a structural integrity and condition inspection of a building performed before July 1, 2022 and if the report(s) substantially comply with the requirements per section 110.11. The inspection for which an inspection report is accepted by the Building Official under this paragraph is deemed a milestone inspection for the applicable requirements per section 110.11. If the inspection report(s) is accepted by the Building Official the deadline for the building's subsequent 10 -year milestone inspection is based on the date of the accepted inspection report(s). 110.11.6 Inspection Procedures. Procedures established herein are basic guidelines for t#e Building Recertification inspections PFsgfaffl. These guidelines shall not be construed as permitting the removal or non -maintenance of any existing devices or safeguards unless authorized by the Building Official. 110.11.6.1 In addition to the requirements set forth in this section, the Building Official shall provide Building Recertification n inspection Guideline for Structural and Electrical reports and criteria forthe Building Recertification inspection pFegFam and the pFegFaRq's applicable inspections and report(s), which shall be mandatory. 110.11.6.2 Duty to Report. Any engineer or architect who performs an inspection of an existing building or structure has a duty to report to the Building Official any findings that, if left unaddressed, would endanger life or property no later than ten (10) days after informing the building owner of such findings unless the engineer or architect is made aware that action has been taken to address such findings in accordance with applicable code. However, if such engineer or architect finds that there are conditions in the building or structure causing an actual or immediate danger of the failure or collapse of a building or structure, or there is a health, windstorm or fire hazard, such engineer or architect shall report such conditions to the Building Official within twenty-four (24) hours of the time of discovery. 110.11.6.3 The Building Official may revoke any recertifications if the Building Official determines that the written recertification report contains any misrepresentation of the actual conditions of the building or structure. 110.11.7 Inspection Notification. Upon determiningthat a building must have a Building Recertification n inspection, the Building Official shall provide written notices of such required inspection to 62 1279 the owner, by certified mail, return receipt requested not less than one year (365 calendar days) prior to the recertification anniversary year, and may provide such additional notice as the Building Official deems appropriate and useful. 110.11.7.1 Unclaimed Notice. In the event that the Notice of Building Recertification is returned unclaimed, said Notice shall be posted by the Building Official at the building. Failure to receive notice of any required inspection shall not relieve the Owner of its obligations pursuant to this section. 110.11.8 Required Recertification Inspections. Within X10180 calendar days after receiving the written notice, per section 110.11.97, the owner or owners of the building, must complete Phase One of the Building Recertification n inspections. For purposes of this section, completion of Phase One Phase Twe if Feq sir^^', of the Building Recertification means the licensed Engineerks4 or Architect who performed the Phase One inspection and Phase Twe ;f FequiF , submitted electronically with a verifiable digital signature as described in section 668.001, Florida Statutes. submit thxnspaetieR 110.11.8.1 Phase One Building Recertification Inspection. Phase one of the milestone inspection must be completed within 180 days after the owner or owners of the building receive the written notice as specified in section 110.11.7. The licensed Architect or Engineers} authorized to practice in this state shall perform a visual examination of the electrical service system, habitable and non - habitable areas of a building, including but not limited to, all balconies, guardrails, the major structural components of a building or structure and provide a qualitative assessment of the structural and electrical conditions of the building. (i) If the building or structure is not a threshold building as defined by the Florida Building Code, such report must be prepared by a Professional Engineer or Architect registered in the State of Flnrirla (ii) If the building or structure is a Threshold Building, as defined above, then (a) the structural portion of such report must be prepared by a Professional Engineer registered in the State of Florida specializing in structural design; and (b) the electrical portion of such written report must be prepared by a Professional Engineer registered in the State of Florida specializing in electrical design. A self -qualification letter shall be submitted as part of the structural report for threshold buildings, stating that the engineer is a practicing structural engineer and has worked with buildings equivalent to the building being certified and shall be accompanied by proof of the engineer's state Department of Business and Professional Regulation (DPBR) structural specialization. 110.11.8.1.1 If the Architect or Engineers} finds no signs of electrical service system or substantial structural deterioration to any electrical service system or building components under visual examination, Phase Two Building Recertification Inspeetien inspection is not required. 63 1280 110.11.8.1.2 The Architect or Engineerks4 who completes a Phase One Building Recertification +weer inspections shall prepare and submit the structural and electrical reports in conformity with the Building and Electrical Recertification Inspection Guidelines and any additional comments or observations of the conditions of the building. 110.11.8.2 Phase Two Building Recertification Inspection. Phase Two Building Recertification +Rspeet+eH inspections must be performed if any electrical service system or substantial structural deterioration is identified during Phase One Inspection. A Phase Two inspection may involve destructive or nondestructive testing at the inspector's direction. The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress in order to confirm that the building is electrically and structurally sound and safe for its intended use and to recommend a program for fully assessing and repairing distressed and damaged portions of the building and electrical service system. When determining testing locations, the inspector must give preference to locations that are the least disruptive and most easily repairable while still being representative of the structure. 110.11.8.2.1 If a phase two inspection is required, within 180 days after submitting a phase one inspection report the architect or engineer performing the phase two inspection must submit a phase two progress report to the local enforcement agency with a timeline for completion of the chase two inspection. 110.11.8.2.-12 The Architect or Engineer{s4 who completes a Phase Two Building Recertification IRspeetieR inspection shall prepare and submit to the Building Official, the structural and electrical reports in conformity with the Building and Electrical Recertification Inspection Guidelines and any additional comments or observations of the conditions of the building. 110.11.9 Building Recertification Report. The owner of a building or structure subject to Building Recertification n inspections shall furnish, or cause to be furnished, wothbR eR�--1h.---.A.d-.red- eaRhty 80) ealein,--,.. days „f r„+,e„ „f r Fed Phasse —RierA „r Phase two ; ,,�;,�� Building Recertification n inspection forms, photographs and additional supporting documents to the Building Official, prepared by a Professional Structural Engineer, Electrical Engineer or Architect registered in the State of Florida, attest and certify that each such building or structure is structurally and electrically safe, or has been made structurally and electrically safe for the specified use for continued occupancy, in conformity with the Building and Electrical Recertification Inspection Guidelines as provided by the Building Official. Both Structural and Electrical reports must be submitted together. 110.11.9.1 Any and all drafts/versions. of the report, or portions of the report, that are provided to the owner shall also be provided to the Building Official. 110.11.9.2 Reports. The structural and electrical service system inspection reports must, at a minimum, meet all of the following criteria including the required information from Building and Electrical Guidelines as provided by the Building Official: MA 1281 1. Name of Inspection Firm or individual, Inspection date, Inspection made by, address, email and phone number 2. Bear the seal and signature, or electronically signed, of the licensed engineer or architect who performed the inspection. 3. Indicate the manner and type of inspection, Phase one or Phase two, forming the basis for the inspection report. -34. Building/structure address, property control number, legal description, owners name, owner mailing address and phone number 5. Reasonably known age of building, number of stories and square footage 6. Construction type and Occupancy classification in accordance with Building Code edition 7. Identify any electrical service system and substantial structural deterioration, within a reasonable professional probability based on the scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for such deterioration. 8. State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code or National Electrical Code, were observed. 9. Recommend any remedial or preventive repair for any items that are damaged but are not substantial structural deterioration or the electrical service system unsafe. 10. Identify and describe any items requiring further inspection and supporting documentation. 110.11.10 Administrative Review. The Building Official and Floodplain Manager will perform an administrative review of the Building Recertification Inspection RepeFt(s) inspection reports to determine whether it satisfies the requirements of this section and chapter 4 article X City of Boynton Flood ordinance. If the Building Official determines that the Building Recertification InspecAieH RepeFt(s) inspection reports do not satisfy the applicable requirements, the Building Official will notify the owner of the deficiencies in writing and the owner shall have 30 calendar days from such determination to make necessary changes to the report and resubmit for review. Up to three resubmittals are allowed in order to reach a determination that the requirements have been satisfied. 110.11.10.1 If after the third resubmittal, the Building Official determines that the Report(s) do not satisfy the requirements, the matter shall be automatically sent to the Special Magistrate or Code Enforcement Board, as appropriate. 110.11.11 Repair plan and schedule. In the event the electrical service system, structural repairs or modifications are found by the Architect or Engineers} retained by the building owner to be necessary as documented by the Phase Two Inspection report, the owner shall have -3A 60 calendar days from the date the Building Recertification 'RspeGtieR RepeFt inspection reports is determined by the Building Official to satisfy the requirements of this section. 65 1282 110.11.11.1 The owner shall submit a plan to correct the deficiencies ("repair plan"), which repair plan shall include a detailed proposed schedule to complete said repairs, including a schedule for submittal of application(s) for any required permit(s). The repair plan, including the schedule for completion of repairs, shall be subject to review and approval by the building official. 110.11.11.2 The owner shall have a total of 180 calendar days from the date of the Building Recertification Insperetion RepeFt inspection reports is determined by the Building Official to satisfy the requirements of this section, unless otherwise specified by the Building Official, in which to permit and correct the structural and electrical service system deficiencies that pose an immediate threat to life, health, safety or where failure of a critical component is imminent. 110.11.11.2.1 Once the corrections have been completed, the Engineer(s), or Architect shall re -inspect the areas noted on the original report and shall provide the building owner a signed and sealed letter or electronically signed, stating all corrections have all been completed. The building owner shall submit that letter to the Building Official. 110.11.11.2.2 For deficiencies that cannot be corrected within 180 calendar days, the time frame may be extended when a time frame is specified by the Professional Engineerks} or Registered Architect and approved by the Building Official. Such extension shall be contingent on maintaining an active building permit as specified in section 105.4.1 Boynton Beach Administrative Code. 110.11.11.3 Repairs or modifications of deficient conditions that are incidental and non -life threatening shall be completed within a time frame as specified by the inspecting Professional Engineer or Registered Architect and approved by the Building Official. All repairs or modifications shall be completed in conformance with all applicable Sections of the Florida Existing Building Code and the National Electrical Code. 110.11.11.3.1 The Florida Existing Building Code will specify whether the repairs or modification can be made under the code in effect when the building was originally permitted or the code currently in effect. 110.11.12 Repair or Modification Requirements. In the event an owner fails to timely furnish the Building Official with a recertification report, seek an extension to furnish a recertification report, or comply with repair or modification requirements as determined from the Building Recertification Inspeetien o,,peFt(s) inspection reports as set forth herein the structure may be deemed to be unsafe and unfit for occupation. Such findings shall be reviewed by the Building Official and may be sent to the Special Magistrate or Code Enforcement Board, as appropriate. 110.11.12.1 Emergency Hearing. The Building Official may elect the choice of either a Special Magistrate or Code Enforcement Board as set forth under Florida Statutes Sec. 162, to conduct an emergency hearing if any of the following occurs; 1. The owner, fails to submit the Building Recertification RepeFt inspection reports by the required deadline per section "�T110.11.8 and 1110.11.8.2.1 W-9 1283 2. The Building Official determines the owner failed to make required changes and resubmit the report within required time frames per sections 110.11.10 and 110.11.10.1 does not satisfy the requirements of sections 110.11.10 and 110.11.10.1 3. The owner, fails to submit the Repair Plan and Schedule by the required time frames per section 110.11.11 4. The Building Official may prescribe timelines and penalties with respect to compliance with this section. 5. The Building Official determines that the written recertification report contains any misrepresentation of the actual conditions of the building or structure. 110.11.13 Building Recertification fees. For each building or structure to be Recertified, the application, resubmittal and extension fees shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 110.11.14 Permit fees. In the event the electrical service system, structural repairs or modifications are required, a permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid, in accordance with the schedule as established by the applicable governing authority. 110.11.15 Appeals Procedure. The Building Board of Adjustments and Appeals shall have the power, as further defined in Section 113 of the Boynton Beach Administrative Amendments to hear appeals of decisions and interpretations of the Building Official relating to the Florida Building Code and local amendments, including decisions of the Building Official related to t#e Building Recertification IRspeetien and of the Floodplain Administrator relating to flood damage prevention and floodplain management codes contained in Chapter 4 Article X, Code of Ordinances. 110.11.15.1 Decisions and Interpretations. The permit holder, or the owner of a building subject to t#e Building Recertification Insperstien PFegFam may appeal the applicable decision of the Building Official or Floodplain Administrator to the Building Board of Adjustments and Appeal whenever one of the following conditions are claimed to exist: 1. The Building Official determined, the submittal of the Building Recertification inspection reports by the required deadline per section 110.11.9 2. The Building Official determined, after three submittals, that the Building Recertification Inspee* ^^ inspection report submitted pursuant to per sections 110.11.9 and 110.11.9.2 did not satisfy the requirements of that section. 67 1284 3. The Building Official determined the submittal of the Repair Plan and Schedule by the required deadline per sections 110.11.11 -34. The Building Official or Floodplain Administrator rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or electrical service system; 45. The provisions of this building code do not apply to this specific case §6. That an equally good or more desirable form of installation can be employed in any specific case, which the Building Official or floodplain administrator has rejected or refused. 67. The true intent and meaning of this building code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 110.11.15.2 Ineligible appeals. 1. The Building Board of Adjustments and Appeal shall not consider an application for an appeal is submitted. 110.11.16 Extensions. The Building Official may issue an extension of not more than 60 calendar days to submit a recertification report or to obtain any necessary permits upon a written extension request from an engineer or architect. Such request upon showing good cause by the owner or owners of the building that the inspection cannot be timely completed if the owner or owners have entered into a contract with an architect or engineer to perform the milestone inspection and the inspection cannot reasonably be completed before the deadline or other circumstance to justify an extension. Such request must contain a signed and sealed statement from the engineer or architect that the building may continue to be safely occupied. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the Building Gffi6e Building Official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from+ts permits under Section 105.2. 68 1285 111.2 Certificate issued. After the BHilding Qf#ek4 Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the division of building safety, the guildiRg Offici 4 Building Official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner's authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as -built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7. The name of theBbWding Building Official. 8. The edition of the code under which the permit was issued. 9. The use and occupancy, in accordance with the provisions of Chapter 3. 10. The type of construction as defined in Chapter 6. 11. The design ^,.GHpG t Le occupant load. 12. If an AWeng-o-i& Spr4iqkler�., automatic sprinkler system is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building iep rmit. 111.3 Temporary/partial occupancy. The Building Official is authorized to issue a temporary/partial certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period of 30 days during which the temporary certificate of occupancy is valid. 111.4 Revocation. The Building Of f4 Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the 1286 building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. 111.6 Fixturing and Stocking. The Building Official is authorized to issue approval for fixturing, stocking, training, or decorating, when appropriate, to allow the builder to prepare the structure for permanent occupancy. The building may not be open to the general public or be used for the transaction of any commerce. Such approval must be conditioned upon the approval of the Fire Marshal, when applicable. 111.7 Digital Submittal Requirements for New Construction. 111.7.1 Building Footprints. The Building Official is authorized to require the submittal of digital shape (PDF) files, in a specific format, depicting a geo-referenced footprint with elevation for all new structures as a condition of the issuance of a Certificate of Occupancy. 111.7.2 Subdivision Topography. The Building Official is authorized to require the submittal of electronic topographical data for all new subdivisions over five acres or five lots for the purposes of updating and maintaining the community's flood maps. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the Quill: g Q#4ei 4Building Official. 112.2 Temporary connection. The &44ding Offi ' Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The BuildiRg Qffieii4 Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2. TheBuilding BuildingOfficial shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 1287 SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. 113.2.2.1 Terms. The terms of office of the board members shall be staggered so no more than one- third of the board is appointed or replaced in any 12 -month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2. Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the Building Official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 113.2.4 Secretary of board. The Building Official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 113.4 of this code, to hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes. 71 1288 113.4 Appeals. 113.4.1 Decision of the Building Official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the Building Official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case, which the Building Official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or 72 1289 completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the Building Official renders the decision. Appeals shall be in a form acceptable to the Building Official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the Building Official, is unsafe, unsanitary or dangerous, the Building Official may, in the order, limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman, subsequent to a request to call a meeting by the secretary. The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney, and/or the Building Official shall be permitted to inquire of any witness before the Board. The Board may consider testimony presented by the Building Official, the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the Building Official or varies the application of any provision of this code, the Building Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building Official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board. The local government may also utilize this Board to convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 489.113. The LCRB may 73 1290 deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if the LCRB has found such contractor, through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if it has proof through the public hearing process, that a contractor has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents. Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation. TheBuilding Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction,imoo„ alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a Peiznqi ep rmit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the BU464ng n{Building Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal ortermination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Building Official, or of a Remiep rmit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 114.5 Enforcement. Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens, or seek injunctive relief, or exercising other enforcement powers as permitted by law. Code enforcement and penalties of Chapter 162 Florida Statutes Part I shall be authorized if building work begins without payment of all required fees, and for the purposes of enforcing this code, code officials licensed under Florida Statute 468 Part XII are deemed "Code Inspectors," as defined in Florida Statute 162.04. Zl 1291 SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the Building Gffiei F/ Building Official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the Owne owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the Building Official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with this Code. The extent of repairs shall be determined by the Building Official. When the Building Official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 116.1.1 When the Building Official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall Previde provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system A written notice G� 4e!Gtien of violation stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located, 75 1292 the Building Official shall post a copy of the notice in a conspicuous place in City Hall, upon the building, structure or system, and a copy shall be recorded in the public records of Palm Beach County. 116.1.1.2 In addition, a copy of the notice, as outlined in this sub -section, shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach, Florida will proceed to have the building, structure or system repaired, demolished or removed (insert stipulated time) after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished, or removed by the owner, notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (Contact Person and Phone Number) within ten (10) days of the date of this Notice. Said request for extension must be made in writing to the Building Official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office, within (insert stipulated time) of the date of this Notice. The fee to cover hearing costs shall be established by ordinance. 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice, as provided herein, together with a copy of the recorded "Notice of Intent to Demolish or Substantially Repair and Inspect" at the Clerk of the Court Office, and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the owner actually received said notice. i2I 1293 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the Building Official. The Building Official shall post at each entrance to the building a placard stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the Building Official, or for any person to enter the building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing same. 116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the Building Official, after having ascertained the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the Building Official to continue with maintaining such building, structure, or system; or create liability for any damage to the property. 116.1.4 The decision of the Building Official shall be final in cases of emergency, which, in the opinion of the Building Official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose, he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 116.2 Reserved. 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period following n9agkg-e#' mailing of the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The Building Official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, and shall constitute a lien upon such property superior to all others except taxes. 2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all 77 1294 persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid, the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 116.4 Appeal. The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the Building Official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. Applicant shall apply for stay of demolition to the Construction Board of Appeals within 30 days of Unsafe Structure Notice. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION 118 WIND LOADS (Section 1609, Florida Building Code) 118.1 The basic wind speed in miles per hour, for development of wind loads, shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY 119.1 If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 78 1295 1, M i-ij ✓: 1 � c m LL 0 (D z O � Um r 0 sh • FR -i i ti N T `~ C V -0 O C C:O to C/)C:}CU O 70. 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U U p O a) +r � �' U U)U L c— ' a a O LL a) E cu acn) cFo cop O O OeIn S°� � =:" O �-0 a) }O� m — Cl 0 Or OU N O m4- _�o° a) pN i— o> E� Fn cna) U O O.0 E � W O N O� 0O a) OV a) +- ca U h I- CD M T ■ O U0 o 0 M T L 0 — N � U L +•' Z) L U S E N : _N ateJ 0 VI +�-1 l/') V) O N O a7 O O a- N to .V icn cl }' O � O +� Ln N cu L O ru 4- U U i U ai L- O O N aj al O aA bA — CL6 D +-+ U .� —_ C6 ate+ UM i m Qj }' U =3tin 4-J 6 o L V _O N (U E oLn > a + GA bn O w N W -0N C L fB -C N N O O ate+ i Ca cu to (0 a� a--+ U E v I O.v ra o 4 -JL L -C O � L U O O =5— C- � — O 4A O 0 i U ai Q U '— +J Q+LZ =3vii ro m i tx N E vro v Q L � .� 14— o4-10 � OQ E L � O m QJ :3 Q U N ' a a� a) W ON O O >. ri ra ON U N Q dJ C6 � '— > L- T -4 O O 4-Jaai In o 0 M T m 0 M T 10.A Unfinished Business 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Discuss Town Square Investigation Scope of Work. Requested Action: Discussion regarding scope of work to be completed in investigating the Town Square transaction. Explanation of Request: The City Commission has requested an investigation into the original Town Square transaction and the issues that arose. The Interim City Attorney has drafted a scope of work to be completed. How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for the discussion of this item. Attachments: Town Square Project Review Recommendations.pdf 1310 a ,f E L F 6 �- °�� A C ,,11, C 0 L., E " I k I L, I P dl A 1,1 MEMORANDUM To: Mayor Ty Penserga Members of the City Commission CC: Daniel Dugger, City Manager Andrew Mack, Deputy City Manager From: David N. Tolces, Interim City Attorney Date: August 25, 2023 RE: Town Square Development Review — Scope of Work Pursuant to the City Commission's request, the Interim City Attorney's Office developed the following scope of work related to the review of the Town Square Development. The goal of the proposed scope of work is to identify issues that impacted the ability of the City to complete the Town Square Development as it was originally envisioned. In order to conduct a proper review of the Town Square transaction and development, our office will undertake the following actions: 1. Develop a timeline of the project based upon the original Town Square Development Agreement as compared to the actual timeline. Include in the timeline specific milestones for the original project, and actions taken that influenced the actual timeline and completion of milestones. 2. Review the transaction documents, e-mails, meeting minutes, and other memorandum, correspondence, and materials in order to identify issues that impacted the development of the project as originally envisioned. The review would include any and all agreements, amendments, representations, e-mails, and other 1311 Town Square Development Scope of Work August 25, 2023 Page 2 of 2 correspondence that were either provided or not provided that impacted the ability of the City and its partners to complete the project. 3. Identify specific events that occurred which were inconsistent with the project documents, and the actions taken that resulted in the event or activity. We would review how those events occurred, and the impact the event had on the original timeline and the ability of the City to complete the Town Square Development as originally envisioned. 4. Provide recommendations and best practices related to potential changes in the City's processes and procedures that would provide assurances that the events which occurred during the Town Square Development will not necessarily occur with respect to future projects. Due to the intensive document review needed to complete the scope of work, we would anticipate the review to take between six to eight weeks. At the conclusion of our review, our office will provide the City Commission with a report summary and recommendations which will include the items listed above. If you have any questions or concerns, please contact my office. MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM 1312 10.B Unfinished Business 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 In House Attorney Update. Requested Action: Consensus needed from the Commission to hire the top candidate. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: City Attorney Candidates Final.pptx 1313 m T M T C� N O N N M O �u N N N N > N N (n N ~ Q Z Q I N I N N N M C� O O N O CN ON N N N � T O O N > j j CU � �N N -0 � O O N _ N CO (n cn � N O � U � o o cu cu I—� o U : N F—I — a U cu 0 O Q H o cu a U � (a to � C: N +_ N O 0 Q 0 � cn H T M T M N O NO .N N N cA E C: E E U Q 70 .� U 43)s� cu QL-= Co Ov, E -0 o .� a) cm E co O -0 � �, a) U) C m a) E cu O U }• N W U (B O E ON O 0 Q Co O o 0 4 - U) a -•1U) O� a� A U � C � O L U � M O N }, O U) Co N V w co N 3 0 cm Z) O m co i+ m ca z �o CNN W U) U . T M T 0- 70 70 TO o Q C6 O cn �� o cn a cm 0 E— o >co N 1>: co E ak U T M T T M T 12.A Legal 09/14/2023 Proposed Ordinance No. 23-021- The abandonment of 30' wide unimproved right-of-way for the Shalimar project. Requested Action: Approve the request for the abandonment of the thirty foot (30') wide unimproved right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. Applicant: Rene Gutierrez, TM Residential, LLC. Explanation of Request: Pursuant to Condition 10 of the approved Master Plan (MPMD 22- 001) and Site Plan (NWSP 22-001) for the Shalimar Mixed Use Development, the petitioner is initiating a Vacation and Abandonment Application for the abandonment of the thirty foot (30') wide platted right-of-way that runs along the west side of the project property prior to permitting. The platted road right-of-way has never been improved as a road, and there is no evidence of existing utilities located within the road right-of-way. This item was presented to the Planning & Development Board on August 22nd, 2023. They approved it with the following recommendation: "The applicant repositions the west buffer to the new western property line and sod and irrigate, at a minimum, the additional land that they acquire." 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 23-021 Abandonment of ROW Shalimar.pdf Staff Report - Abandonment and Vacation—Memo 23-011.pdf Exhibit A - ROW Legal Description. pdf Exhibit B - Location Map.pdf Exhibit C - Survey - ROW Abandonment.pdf Exhibit D - Justification Statement - ROW Abandonment.pdf Exhibit E - Development Orders for Shalimar.pdf Copy of Notice_Affidavit.pdf Shalimar- ROW Abandonment - No Obj FPL.pdf 1320 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 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 23-021 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ABANDONMENT OF THE THIRTY FOOT (30') WIDE UNIMPROVED RIGHT-OF-WAY ESTABLISHED ON THE PALM BEACH FARMS CO. PLAT NO. 8, AS RECORDED IN PLAT BOOK 5, PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Applicant is requesting the abandonment of the thirty foot (30') wide road right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County located on the southwest corner of West Boynton Beach Boulevard and Knuth Road and north Stonehaven Drive; and WHEREAS, staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City Commission on the proposed abandonment; and WHEREAS, staff has determined that the subject right-of-way no longer serves a public purpose and therefore recommends approval of the request, subject to the accompanying conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon the thirty foot (30') wide unimproved right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. The property being abandoned is more particularly described as follows: A PORTION OF A 30 -FOOT -WIDE ROADWAY, AS SHOWN ON THE PALM BEACH FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, KNUTH ROAD P.C.D. PLAT NO. 1, AS RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Shalimar) - Ordinance.docx 1321 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID 30 FOOT WIDE ROADWAY; THENCE SOUTH 87°41'31" WEST ALONG THE WESTERLY PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY LINE OF QUAIL RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95, PAGE 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 30.01 FEET TO A POINT ON THE WEST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE EAST LINE OF THE GOLF COURSE AS SHOWN ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE NORTH 00048'49" WEST ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO BEING SAID EAST LINE OF GOLF COURSE, A DISTANCE OF 976.43 FEET TO A POINT ON A LINE 7.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH RIGHT- OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD 804) AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218 AND 219, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°34'11" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2; THENCE SOUTH 00°48'49" EAST ALONG SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 976.50 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 0.672 ACRES (29,294 SQUARE FEET) MORE OR LESS. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this 14th day of September, 2023. SECOND, FINAL READING AND PASSAGE THIS CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Shalimar) - Ordinance.docx VOTE day of October, 2023. YES NO 1322 92 93 94 95 96 97 98 99 100 101 102 103 104 ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Shalimar) - Ordinance.docx Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney 1323 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon the thirty foot (30') wide unimproved right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. The property being abandoned is more particularly described as follows: A PORTION OF A 30 -FOOT -WIDE ROADWAY, AS SHOWN ON THE PALM BEACH FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, KNUTH ROAD P.C.D. PLAT NO. 1, AS RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINTALSO BEING A POINT ON THE EAST LINE OF SAID 30 FOOT WIDE ROADWAY; THENCE SOUTH 87°41'31" WEST ALONG THE WESTERLY PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY LINE OF QUAIL RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95, PAGE 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 30.01 FEET TO A POINT ON THE WEST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE EAST LINE OF THE GOLF COURSE AS SHOWN ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE NORTH 00°48'49" WEST ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO BEING SAID EAST LINE OF GOLF COURSE, A DISTANCE OF 976.43 FEET TO A POINT ON A LINE 7.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD 804) AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218 AND 219, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°34'11" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2; THENCE SOUTH 00°48'49" EAST ALONG SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 976.50 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 0.672 ACRES (29,294 SQUARE FEET) MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of October, 2023. CITY OF BOYNTON BEACH, FLORIDA Maylee De Jesus, MMC Daniel Dugger, City Manager City Clerk {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Shalimar) - Ordinance.docx 1324 STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Daniel Dugger, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be his free hand and deed as such officer, for the uses and purposes mentioned therein; that he affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2023. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Shalimar) - Ordinance.docx 1325 DEVELOPMENT DEPARTMENT ENGINEERING DIVISION MEMORANDUM NO. 23-011 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan Planning and Zoning Director FROM: Gary Dunmyer, P.E. City Engineer DATE: July 17, 2023 PROJECT: Right -of -Way Abandonment (Shalimar at Boynton Beach) REQUEST: Approve the request for the abandonment of the thirty foot (30') wide road right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. (See Survey Sketch and Exhibit "A" — Legal Description) PROJECT DESCRIPTION Property Owner: SBB 250 SPE LLC Applicant: Rene Gutierrez, TM Residential, LLC Agent: Bonnie Miskel and Beth Schrantz, Dunay, Miskel & Backman, LLP Location: Southwest corner of W. Boynton Beach Boulevard and Knuth Road and north of Stonehaven Drive (see Exhibit "B" — Site Location Map) Acreage: 0.672 acres 1326 Page 2 Shalimar at Boynton Beach MPMD 22-001 & NWSP 22-00 Adjacent Uses: North: Right-of-way for West Boynton Beach Boulevard (State Road 804); further north, developed commercial property classified as Local Retail Commercial (LRC) and zoned C3 (Community Commercial). South: City limits; further south, unincorporated Palm Beach County and the Quail Ridge residential golf course. East: Vacant parcel approved for a Mixed Use Development known as Shalimar (MPMD 22- 001) and Site Plan (NWSP 22-001). West: City limits followed by unincorporated Palm Beach County and the Quail Ridge residential golf course. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007 and 05-004. BACKGROUND The proposed Shalimar at Boynton Beach development is located at the southwest corner of W. Boynton Beach Boulevard and Knuth Road. The project site is vacant and totals 12.506 acres. The parcel abuts an existing 0.67 -acre platted right -of way that is required to be abandoned prior to permitting. Pursuant to Condition 10 of the approved Master Plan (MPMD 22-001) and Site Plan (NWSP 22-001), the petitioner is initiating a Vacation and Abanonment Application for the abandonment of the thirty foot (30') wide platted right-of-way that runs along the west side of the property prior to permitting. The platted road right-of-way has never been improved as a road and there is no evidence of existing utilities located within the road right-of-way. ANALYSIS The vacation and abandonment of a right-of-way, special purpose easement, or other non -fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the 2 1327 Page 3 Shalimar at Boynton Beach MPMD 22-001 & NWSP 22-00 subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? The road right-of-way is unimproved with no existing access to lots, subdivisions or developments. The right-of-way abandonment does not encumber current or future access, nor does it restrict access to any adjacent lot(s). b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? There is no evidence of existing utilities within the unimproved right-of-way. Pending utility letters of no objection. Petitioner shall dedicate utility easements as required. c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? There are no existing drainage or wastewater management facillities within the unimproved right-of-way. d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? There is no conservation or preservation within the unimproved right-of-way. RECOMMENDATION Based on the information contained herein and compliance with the applicable development regulations and review criteria, staff recommends the abandonment of the existing thirty foot (30') right-of-way subject to obtaining utility letters of no objection. 1113 1328 EXHIBIT "A" - LEGAL DESCRIPTION LEGAL DESCRIPTION (30' ROADWAY) A PORTION OF A 30 -FOOT -WIDE ROADWAY, AS SHOWN ON THE PALM BEACH FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, KNUTH ROAD P.C.D. PLAT NO. 1, AS RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID 30 FOOT WIDE ROADWAY; THENCE SOUTH 87°41'31" WEST ALONG THE WESTERLY PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY LINE OF QUAIL RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95, PAGE 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 30.01 FEET TO A POINT ON THE WEST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE EAST LINE OF THE GOLF COURSE AS SHOWN ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE NORTH 00048'49" WEST ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO BEING SAID EAST LINE OF GOLF COURSE, A DISTANCE OF 976.43 FEET TO A POINT ON A LINE 7.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD 804) AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218 AND 219, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°34'11" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2; THENCE SOUTH 00°48'49" EAST ALONG SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 976.50 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. 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The Property was originally designated LRC, Local Retail Commercial, on the City's Future Land Use Map ("FLUM") pursuant to Ordinance 89-38 and was located within the PCD, Planned Commercial Development, zoning district pursuant to Ordinance 02-013. On June 15, 2021 the City adopted Ordinance 21-014 to amend the Property's future land use designation from LRC to MXL, Mixed - Use Low, and Ordinance 21-015 to amend the Property's zoning from PCD to SMU, Suburban Mixed Use. Subsequently, on July 5, 2022, the City Commission approved a Master Plan and Site Plan to allow development of the Property as a mixed-use residential and commercial development inclusive of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and 514 off-street parking spaces ("Project"). Pursuant to the Planning and Zoning Condition 10 of the Project approval, Petitioner is required to initiate a Vacation and Abandonment Application for the abandonment of the platted right-of-way that runs along the west side of the Property prior to permitting. As such, Petitioner hereby submits a Vacation and Abandonment Application to abandon the thirty foot (30') wide road right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. The platted road right-of-way has never been improved as a road and there are no existing utilities located within the road right-of-way. In accordance with the foregoing, Petitioner respectfully requests approval for the requested Vacation and Abandonment of the platted thirty-foot (30') right-of-way. 14 S E, 4fir SO r et, LfltO 16, I:3cc t Raton, F: L 33432 11d l561 1405-3300 F";ax� f5611 4M2W www, cdIa"tltb9.;nma oIn 1332 July 7, 2022 l mein,tm�l.'�� aorb'oriw'ott Planning g and Zwting Division 1.00 E Oceai,i Ave Boylr¶tco'i Bead'„ Floc° da 33426 (IP)!: 561-742-6260 Rene Gutierrez TM Residential, LLC 2601 South Bayshore Drive, Ste. 1460 Coconut Grove, FL 33133 RE: Shalimar at Boynton Beach File No.: MPMD 22-001& NWSP 22-001 Location: Southwest corner of W. Boynton Beach Boulevard and Knuth Road and north of Stonehaven Drive Dear Mr. Gutierrez: Enclosed is the Development Orders granted by the City Commission on July 5th, 2022 for Major Master Plan Modification and New Major Site Plan approval (MPMD 22-001 & NWSP 22-001) a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. This approval is valid for an eighteen (18) month period from the above -noted date of approval. In order to maintain vested status, a building permit must be secured or an extension applied for before the eighteen (18) month period expires. To continue this project through the development process, please revise relevant pages of your approved site plan to incorporate all conditions of approval as applicable. A copy of these Development Orders, including the conditions, must accompany the submission of the fully amended site plan set. The person managing your permit applications should be made aware of any additional documents and any third -party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be returned to the applicant for correction and re -submittal before the permit is further processed. Feel free to contact any DART member for additional clarification of comments. Irtant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval, please contact our staff for a review before submitting a permit package to the Building Division. A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions ofApproval" must be submitted to the Building Department along with the first permit request to avoid any delays in the processing of your permit Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, w Mike Rumpf, Planning & Zoning Administrator Enc: DO w/COA S:\Plwming\SHARED\WP\PROJECTS\Knuth Rd (aka Shalamar)\Shalimar MPMD 22-001 & NWSP 22-001\Approval Letter for MPMD 22-001 NWSP 22-00I.doc 1333 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS: Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Rene Gutierrez, TM Residential, LLC 2601 South Bayshore Drive, Ste. 1460, Coconut Grove, FL 33133 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2022 APPROVAL SOUGHT: Approve the Shalimar at Boynton Beach Master Plan Modification application (MPMD 22-001) to construct a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. LOCATION OF PROPERTY: Southwest corner of the intersection of W. Boynton Beach Boulevard and Knuth Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. __ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ^HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicnt's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other:......._..........._...m.................. ... - ...m.ww��w.x �. �.. A c w � w ____..._._ww............. ......... .... ............... ...... DATED:19 y lerk i S:\Planning\SHARED\WP\PROJECTS\Knuth Rd (aka Shaiamar)\Shalima P D 22-001 & NWSP 22-001\MPMD 22-001 and -001 DO.doc 1334 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT: APPLICANT'S ADDRESS: Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Rene Gutierrez, TM Residential, LLC 2601 South Bayshore Drive, Ste. 1460, Coconut Grove, FL 33133 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2022 APPROVAL SOUGHT: Approve the Shalimar at Boynton Beach New Major Site Plan application (NWSP 22-001) to construct a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. LOCATION OF PROPERTY: Southwest corner of the intersection of W. Boynton Beach Boulevard and Knuth Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appl' ant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The AppI' nt's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order.. 7. Other:. ......... ............._... _........_........ .......................... �.... DATED: 1 1.9_0;11a S:\Planning\SHARED\WP\PROJECTS\Knuth Rd (aka —1 11 <V ,it y le k °I_ 22-001 & PSP 22-001\NWSP 22-001 D . 1335 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan Planning and Zoning Director FROM: Luis Bencosme, Planner 11 DATE: June 20, 2022 PROJECT NAME: Shalimar at Boynton Beach (NWSP 20-004) REQUEST: Approve request for Master Plan Modification (MPMD 22-001) and New Major Site Plan (22-001) to Shalimar at Boynton Beach to allow the construction of a mixed-use development consisting of 250 residential units, two (2) retail buildings totaling 4,300, a 9,850 square -foot clubhouse, and associated site improvements. PROJECT DESCRIPTION Property Owner: SBB 250 SPE LLC Applicant: Rene Gutierrez, TM Residential, LLC Agent: Bonnie Miskel and Beth Schrantz, Dunay, Miskel & Backman, LLP Location: Southwest corner of W. Boynton Beach Boulevard and Knuth Road and north of Stonehaven Drive (see Exhibit "A:'— Site Location Map) Existing Land Use: MXL (Mixed Use Low) Proposed Land Use: MXL (Mixed Use Low) Existing Zoning: SMU (Suburban Mixed Use) Proposed Zoning: SMU (Suburban Mixed Use) Proposed Use: Mixed use development with 250 residential dwelling units, 4,300 square -foot of retail space, 9,800 square -foot clubhouse, and associated parking and related site improvements. Acreage: 12.506 Acres 1336 6AATW7TTJV * # I . Memorandum No PZ 22-010 Page 2 Adjacent Uses: North: Right-of-way for West Boynton Beach Boulevard; further north, developed commercial property classified Local Retail Commercial (LRC) and zoned C3 (Community Commercial). South: City limits; further south, unincorporated Palm Beach County and t Quail Ridge residential golf course. I East: Commercial outparcel classified Local Retail Commercial (LRC) an`9 zoned PCD (Planned Commercial Development); further east, right - way of Knuth Road followed by a developed commercial propeo classified Local Retail Commercial (LRC) and zoned C3 (Communi Commercial), as well as a developed commercial property classifi Local Retail Commercial (LRC) and zoned C1 (Office Professional). West: Platted unimproved right-of-way; further west, city limits followed by unincorporated Palm Beach County and the Quail Ridge residential golf course. No. 04-007. Proposal: The proposed Shalimar at Boynton Beach development is located at t southwest corner of W. Boynton Beach Boulevard and Knuth Road. T project site is vacant and totals 12.506 acres. The parcel abuts an existi 'I 0.67 -acre platted right-of-way that is required to be abandoned prior permitting (See Exhibit "C" - Conditions of Approval). The subject property one of the few remaining large vacant lots within the City limits that cou accommodate a large-scale mixed-use development without the need f land assemblage. met 0 Development consisting of 120,000 square feet of commercial space, 2ssociated parking and site improvements. However, the parcel has remained vacant. On June 15, 2021 the City Commission approved a Rezoning application (Ordinance 21-015) to amend the parcel's zoning designation from PCD (Planned Commercial Development) to SMU 2 1337 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 3 (Suburban Mixed Use), which was intended to encourage the construction of a well-planned mixed-use development in accordance with a relatively new mixed-use zoning district. A principal purpose of this district is to allow a mix of residential and commercial uses to complement the City's commercial core, provide interconnectivity and minimized travel distances, and contribute to the vision intended for the area. The applicant is requesting approval of a Master Plan Modification (MPMD 22-001) and New Major Site Plan (NWSP 22-001), to construct a mixed-use development comprising of 250 dwelling units, two (2) retail buildings totaling 4,300 square feet, a 9,850 square foot clubhouse, and associated site improvements. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. An approval letter from the Palm Beach County Traffic Division, date stamped February 8, 2022, was provided by the applicant. The letter requested that the applicant submit a FDOT conceptual pre -approval letter for the driveway connection onto Boynton Beach Boulevard, which was also provided by the applicant. The traffic study indicates that this project is expected to generate 1,528 net daily trips, 92 net A.M. peak hour trips and 124 net P.M. peak hour trips. School: The proposed development is required to submit an approved SCAD (School Capacity Availability Determination) application to ensure the area schools have adequate capacity to accommodate the potential public -school students who will reside at the project. An approval letter from the County is required prior to permit issuance (See Exhibit "C" - Conditions of Approval). Utilities: The Utility Department has reviewed the proposed Civil Engineering plans and agrees that the City's water capacity would meet the projected potable water demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan to ensure it meets the CPTED (Crime Prevention Through Environmental Design) standards. The review comments have been addressed by the applicant. The Fire Department will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: The applicant submitted a preliminary engineering plan with conceptual drainage information for the City's review. The applicant has agreed to implement the necessary drainage solutions. The existing catch basins would be connected to the proposed off-site system. In addition, the proposed drainage manholes would be converted to catch basins, which 3 1338 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 4 would be based on their locations vis-a-vis to the existing catch basins. (See Exhibit "C" - Conditions of Approval). The Engineering Division has found the conceptual information to be adequate and is recommending that further review of specific drainage solutions be deferred until time of permit. Access: The development has two points of ingress/egress. The main vehicular point of access is located on the north side of the project site, connecting to Boynton Beach Boulevard; the secondary point of access is located on the east side, connecting to Knuth Road. These two points of access are interconnected by a two-way drive -isle to ensure safe, adequate and efficient vehicular circulation throughout the site. The project proposes a well-defined network of pedestrian walkways that provide safe and adequate access to the residential and commercial buildings, as well as the provided amenities and rights-of-way. The project proposes a pedestrian connection to the existing public sidewalk located on the south side of Boynton Beach Boulevard — an integral pedestrian connection that provides access to the existing nearby bus stops located on the south side of the boulevard. In order to provide additional pedestrian connectivity, the Engineering Department is requiring a sidewalk along Knuth Road and connection to the eastside parking area. Parking: The standard off-street parking spaces calculation methodology for the SMU (Suburban Mixed Use) zoning district requires 1.5 parking spaces for one - bedroom dwelling units, and two (2) parking spaces for two (2) or more bedroom dwelling units. The project proposes a total of 250 dwelling units comprised of 48 one (1) -bedroom apartments, 166 two (2) -bedroom apartments and 36 three (3) -bedroom apartments. This standard methodology would require a total of 476 parking spaces for the residential component. Additionally, the code requires the provision of guest parking spaces at a rate of 0.15 spaces per unit, adding 38 more required spaces. The retail buildings require one (1) parking space per 200 square feet of gross floor area, which computes to 22 additional parking spaces based on the aggregate gross floor area of the retail spaces. The parking data included in the Site Plan and Justification Statement does not take into consideration the required parking spaces for the proposed residential recreational/amenity areas, which would include the clubhouse and pool area. Therefore, the project is also required to provide five (5) parking spaces, plus one (1) additional space per three hundred (300) square feet of gross floor area of the clubhouse dedicated for leasing or management uses (See Exhibit "C" - Conditions of Approval). Under this standard methodology for calculating required off-street parking spaces, the project would be required to provide 541 parking spaces, as well as additional parking spaces needed for the clubhouse. The applicant has been required to submit floor plans for the clubhouse at time of permitting in order to determine the actual number of required parking spaces needed for the office and management office spaces. The applicant has elected to take advantage of the City's Parking Relief for Sustainability provisions, which includes reduced minimum parking ratios of 1.33 parking space per dwelling unit for one -bedroom apartments, and 1.66 4 1339 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 5 parking space per unit for two-bedroom apartments. The lower ratio results in a reduction of 76 parking spaces associated with the residential use, and the overall required minimum spaces for the project being 465. The additional parking spaces that may be needed for the clubhouse and pool area will be determined at time of permitting (See Exhibit "C" - Conditions of Approval); however, the projected surplus should be sufficient to support the minimum spaces required for the clubhouse. Also, the applicant is required to submit a parking contingency plan showing the areas on the proposed site plan where parking spaces may be added in the event that a shortage is realized subsequent to construction, and/ or provide operational rules, procedures or strategies needed to off -set the realized deficiency (See Exhibit "C" - Conditions of Approval). Therefore, staff has determined that the proposed number of parking spaces would be sufficient to meet code requirements. The site plan provides a total of 514 parking spaces, including ten (10) handicap parking spaces, six (6) parking spaces supplemented with electric charging stations and 49 compact parking spaces. Landscaping: The Plant List (Sheet L1) indicates that the project would add a total of 275 trees, 153 palm trees, 8,247 shrub specimens, and 15,229 small shrubs/groundcover plants. The plant material is proposed within the required perimeter landscape buffer, within landscape islands, and along the right-of-way. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Verawood, Gumbo Limbo, Green Buttonwood, Bridalveil Tree, Japanese Fern Tree, East Palatka Holly, Queen's Crape Myrtle, Kapok Tree, Ligustrum Tree and Live Oak. At time of permitting, the Landscape Plan must include a minimum of 5 percent butterfly attracting shrub and trees, with a minimum of three (3) species of plant material (See Exhibit "C" - Conditions of Approval). Projects proposed in the Suburban Mixed Use (SMU) zoning district are subject to the front yard "Build -to -Line" provisions, which requires buildings to be located in close proximity to the right-of-way. However, buildings fronting a major arterial roadway (i.e. Boynton Beach Boulevard) may be setback a maximum of ninety (90) feet with the provision of a twenty-five (25) -foot wide landscape buffer, which must include a berm. The project proposes a 25 -foot wide landscape buffer between the parking lot and the Boynton Beach Boulevard right-of-way, which includes the following features and plant material: 1. A 36 -inch tall berm and continuous hedge positioned in the inside portion of the landscape buffer, as well as one (1) tree with a minimum spacing of thirty (30) feet on center; 2. Three (3) shrub species located on the outside portion of the landscape buffer, two (2) of which must be flowering species. Additionally, the project includes landscape buffers along the west, south and east property lines. The landscape buffers consist of canopy trees (i.e. Green Buttonwood, Live Oak, Japanese Fern Tree, Gumbo Limbo and Verawood) spaced approximately 20 feet on center, rows and staggered shrubs (i.e. 5 1340 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 6 Podocarpus, Dwarf Clusia and Nora Grant Ixora) and groundcover (i.e. Jasmine Summer Sunset and Green Island Ficus). The buffer along the south property line incorporates a six (6) -foot tall black vinyl coated chain link fence. The majority of the proposed landscape islands include Live Oak trees and clustered Horizontal Cocoplum shrubs, with several smaller landscape islands consisting of East Platka Holly trees and Horizontal Cocoplum. Lastly, the foundation of each residential and commercial building is softened with landcape primarily consisting of a mix of closely spaced palm trees (Solitaire Palm, Montgomery Palm), shrubs (Small leaf Clusia and Podocarpus) and groundcover (Green Island Ficus). Building and Site: The project site consist of a single undeveloped parcel —totaling 12.18 acres abutting W. Boynton Beach Boulevard to the north and Knuth Road to the east. The parcel is adjacent to an existing outpacel that is currently develeoped with a gas station. Also, the parcel is adjacent to an existing, unimproved 30 -foot wide right-of-way extending along the entire western boundary of the project. Staff recommends that the unimproved right-of-way be abandoned and a Unity of Control be provided at time of permitting (See Exhibit "C" - Conditions of Approval). The residential component of the project includes ten (10) residential apartment buildings consisting of one (1), two (2) and three (3) bedroom apartments. The taller four (4) -story apartment buildings are located away from the west and south property lines. A lake is proposed at the center of the site, which will include a boardwalk. The commercial component of the mixed use project consists of a 9,850 square foot clubhouse and two (2), 2,150 square foot retail buildings fronting W. Boynton Beach Boulevard. Relative to the floor area ratio (FAR) standards within the code, the Suburban Mixed Use (SMU) zoning district has a maximum allowable FAR of 2.5; the project propoes 0.01. The District also has a maximum allowable density of 20 dwelling units per acre. This requirement limits the project to 250 dwelling units, which is precisely the proposed amount of units. Building Height: The maximum building height allowed in the SMU (Suburban Mixed Use) zoning district is 55 feet. The project propoes various types of residential and commercial buildings, with the tallest building proposed at 38 feet in height — which computes to 17 feet below the maximum allowable height. Setbacks: The SMU (Suburban Mixed Use) zoning district requires no building setbacks from the right-of-way, but rather a 0-90 foot build -to line. Therefore, the retail buildings are proposed at a distance of 90 feet from the W. Boynton Beach Boulevard right-of-way, which is needed to accommodate the required parking and landscape buffer. The buildings are also setback approximately 95 feet from the center line of the abutting right-of-way, 85.5 feet from the south side property line, 79 feet from the easternmost property line, and 77 feet from the eastern property line abutting the gas station out parcel. The proposed setbacks conform to the District's setback requirements. Amenities: The project proposes several amenities for the use of residents, visitors and 6 1341 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 7 patrons. A pathway — enhanced with seating, trash receptacles and landscape — is proposed around the lake. The pathway is connected to several amenities (i.e. dog walk, tot -lot, garden and other play areas). The project also includes a fenced dog park on the south side of the site, between Buildings No. 6 and No. 7. The clubhouse includes a pool area with several barbecue grills. Ten (10) Covered bike rack stations are proposed througout the site, near the building entrances. Lastly, public outdoor seating areas have been incorporated between the retail buildings and clubhouse. Design: The intended architectural style for the project is Floribbean, which is an interpretation of Old Florida Style architecture. This architectural style creates a sense of identity for the area as it utilizes Florida Vernacular design elements and materials. The project features ample horizontal and vertical fagade articulation and cool, light colors. The residential and commercial buildings include an extensive use of complementary architectural treatments and finishes. The proposed facades are highly articulated with the use of vertically oriented windows and doors, which are decorated with light blue (SW 7601 — Dockside Blue) shutters and metal awnings. The building walls include horizontal siding (SW 6231— Rock Candy) and white smooth stucco (SW 7005 - Pure White). Additionally, the roof lines consist of multiple pitched, metal roofs with varying heights. Additionally, the balconies are enhanced with ornamental railings. Sustainability: Mixed use developments consisting of more than 50 dwelling units must provide the required sustainable options (outdoor lighting, butterfly attracting landscape material, electric charging stations and white roof), and achieve a minimum of 25 sustainability points. The development proposes to exceed the requirement by providing the following: SUSTA._I.NA.B.w.wLw..wE._DEVELOPMENT ........._Y. ............................._rtwM �N-NTS POI µp.m. ENERGY .. _ Efficient Cooling - All air conditioners are Energy Star . _....._..w ww2w...._ . .ua.!!fed..... Minimum ..S.E.E.R....1..6............................................................................................ __...... w.._.... ...w_ Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters or 2 waterheaters. ...solar _.._ .._......._........................ .__._._._...... ...w .�..___-_—------ ._.._._. Cool Roof - Use roofing materials that have a Solar Reflective Index (SRI) 75 for low -sloped roofs (<2:12) or 25 for steep- 2 sloped roofs>2 12� for a minimum of 75% of the roof surface.~ Building Color — Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce 2 cooling costs. Accent and trim colors are not limited to these choices. �YY Shadeprovisions of hces are norequked pe code: Stucturesuh asawnngssceens,N 4 louvers, or other architectural devices shall cover a minimum of50% of glazed ofaeninq s . ..... ................ m.......... ...._.........www... ..............._.._..........��.....�.._mwwww�........... Lighting — Provide energy efficient lighting such as LED 1 li0htin for building interiors for 100% ofrorosed lighting 7 1342 Memorandum No PZ 22-010 Page 8 A Nature Path or Trail — Public pedestrian and/or bicycle access to natural elements is provided by a bike or pedestrian path or trail that is at least % mile long and does not intrude on or unRuly harm existing natural features. Public pedestrian and/or bicycle access to natural elements is provided by a bike or pedestrian path or trail that is at least 1/2 mile long and does not intrude on or unduly harm existing natural features. ------------- ....... ... . ........ Minimum Open Space — Provision of usable common open space in excess of code requirements by up to 20%. The designed space shall not have any dimension less than Fim-itiber of electric c.?,r c��,qraino statio-tis. Lighting: The photometric plan (EPH-1) includes 86 freestanding pole light fixtures, with pole height of 20 feet. It also includes 4 light fixtures mounted to the building walls. The City's Land Development Regulations limits the lighting levels to a maximum of 5.9 foot -candies. The Site Photometric Plan depicts lighting levels below the above-mentioned foot -candies limit. Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The applicant is in communication with the Public Arts Manager regarding the applicable Public Arts requirements, which shall be met prior tit permitting. W FON 616 14 APPROVAL, subject to approval of the accompanying applications and satisfying all commen indicated in Exhibit — Conditions of Approval. Any additional conditions recommended by thl Board or required by the City Commission shall be documented accordingly in the Conditions Approval. 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Pf �a.,,..., �.,..�...,., �.. � fti$�, ��% %��n�, � ��' JI/�Y�p��?�,A/r�"�ii�7J�1� j ✓��v� , o yo I � si :' II d � 2 N 'R Z k' ti�C3 r; R W % w: w N....... f❑ �w�"1 /14 A `� 1359 EXHIBIT "C" Conditions of Approval Project Name: Shalimar at Boynton Beach File number: MPMD 22-001 / NWSP 22-001 Reference: 3rd review plans identified as a Master Plan Modification and New Site Plan with a June 7, 2022 Planning and Zoning Department date stamp marking_ DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permitting, revise the plans to include the required sidewalk along Knuth Road and pedestrian connection to the X parking area. 2. The sizing of the off-site drainage system shall take into consideration the runoff from Knuth Road. The existing catch basins shall be connected to the proposed off-site system. Also, the proposed drainage manholes shall be converted to catch X basins, based on their locations vis-a-vis to the existing catch basins. 3. At time of permitting, an executed Developer's Agreement with the City shall be in place for the off-site improvements, which the City will share the cost, based on the upsizing of the storm pipe X on Knuth Road. FIRE Comments: 4. Provide turning radius of 25 feet inside and 55 feet outside on the plan for verification in accordance with our largest apparatus X 2018 edition of NFPA 1 18.2.3.5.3 turning radius. 5. Fire department access roads shall have a minimum 20 feet of unobstructed width. (NFPA 1:18.2.3.5.1.1) front entrance out is 15 feet, existing access road. X 6. Access box switches will be required at all gates 1:18.2.2.1. X POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. 1360 Shalimar at Boynton Beach (MPMD 22-001 / NWSP 22-001) Conditions of Approval Paqe 2 of 3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 7. The applicable park impact fees ($148,750) is due at time of permitting. X PLANNING AND ZONING Comments: 8. Per the City's Land Development Regulations, residential recreational/ amenity areas require five (5) parking spaces, plus one (1) additional space per three hundred (300) square feet of gross floor area of office use for leasing or management purposes located in recreation buildings or separate structures X (Ch. 4, Art. V, Sec. 2.D.). At time of permitting, revise the parking calculations on the Site Plan (SP -1), Justification Statement and Reduced Parking Statement, to include the additional required parking spaces for the clubhouse. 9. An approved SCAD (School Capacity Availability Determination) application is required. Please submit a letter of approval from X Palm Beach County at time of permitting. 10. Prior to permitting, the applicant is required to initiate a Vacation and Abandonment Application for the abandonment of the platted right-of-way, within the City of Boynton Beach, running along the X west property line. 11. At time of permitting, provide a Unity of Control for abutting parcels under the same ownership. 12. At time of permitting, submit floor plans for the retail and club house buildings. Ensure, the floor plans for the clubhouse clearly depict the spaces dedicated to leasing and/ or management X activities. 13. The project includes a request for Parking Reduction for Sustainability. At time of permitting, revise the parking ratios on the documents and drawings to be consistent with the reduced parking ratios permitted for one (1) bedroom apartments (1.33 X space per D.U.) and two (2) bedroom apartments (1.66 space per D.U.), as indicated on the Parking Reduction for Sustainability code section (Ch. 4, Art. V, Sec. 3.G.). 14. Prior to permitting, submit a parking contingency plan showing the areas on the proposed site plan where parking spaces may be added in the event that a shortage is realized subsequent to X construction, and/ or provide operational rules, procedures or strategies needed to off -set the realized deficiency. 1361 Shalimar at Boynton Beach (MPMD 22-001 / NWSP 22-001) Conditions of Approval Paqe 3 of 3 DEPARTMENTS INCLUDE REJECT 15. The parking deficiency indicated on the Reduced Parking Statement is inconsistent with the parking deficiency shown on the Site Plan (SP -1). At time of permitting, ensure the information X on both documents matches. 16. The Landscape Plan (L-7) shows that the walkway located on the east side of the northern entry drive would be obstructed by the proposed landscape strip running along the north property line. Correct the drawing to show the walkway connecting to the X sidewalk along Boynton Beach Boulevard and clear of obstructions. 17. An approved Sign Program will be required prior to issuance of any sign permits for the project. Submit a Sign Program application to the Planning and Zoning Division for review and X approval. 18. Two (2) percent of the parking shall consist of handicap accessible parking spaces. The Site Plan (SP -1) depicts a total of ten (10) accessible handicap spaces. At time of permitting, X provide an additional handicap parking space. 19. Per the Parking Reduction for Sustainability provisions, a maximum of 10 percent of the required parking spaces may consist of compact parking spaces. Provide revised parking X calculations and/ or revised parking plan. 20. Replace the parking lot wheel stops with 2 -foot wide overhangs. X 21. Provide a valid FDOT Pre -Application Letter and an updated traffic study. X 22. At time of permit, revise the plans to be consistent with the X Master Plan/ Site Plan (SP -1) approved by the City Commission. 23. Submit a revised Parking Demand Statement. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: Comments: 24. Work with staff to increase the retail space along Boynton Beach Boulevard to the maximum extent possible to be approved by X staff. S:\Planning\SHARED\WP\PROJECTS\Knuth Rd (aka Shalamar)\Shalimar MPMD 22-001 & NWSP 22-001\Exhibits\Exhibit C - MPMD 22- 001 NWSP 22-001 COA- Post CC Meeting - Revised 7.22.22.doc 1362 4, owl it W. Project Name: File #: Completion of Mailed and Posted Notice Requirements I / Wcro the undersigned do certify that to the best of nay knowledge, the attached ownership list, 400' radius map and mailing labels are a complete and accurate representation of the real estate property and propert%, owners within at least 400 feet of the above -referenced subject property, This reflects the most current records oil File in the Palm Beach County Property Appraiser's Office. The notifications were postmarked a minimum of 10 days in advance of the public hearing. Site signs were posted on the premises a minimum of 10 days in advance ol'the public hearing in accordance with City Ordinance 04-007. Attached, are photographs of the signs showing their placement oil the property and proximity to the abutting right-of-way. Sincerely, Applicant / Agent Cc: Planning & Zoning Department ii,RUTH Ma iiCGLYNN of Vorida Notary Public State Mei lhCommis"on # GG 335366 my Comm, Expires Sep 13, 2023 ded through Natione Notary Assn, County of palry) Beach FL Sworn to (or affirmed) and subscribed before me this 11th day of August 2023 BY E 'iza chrarnt ... ........ ame st temept e S1 �gna U 7- e forida Ruth WGIYnn Phnt, Type, or Stamp Commission Name of Notary Public Physical Or Onfine Cl Presence Notarization Personally Or Produced Known Identification Type of Identification Produced 7 CITY OF BOYNTON BEACH NOTICE OF PUBLIC HEARINGS NOTICE OF RIGHT-OF-WAY ABANDONMENT NOTICE IS HEREBY GIVEN that the Planning & Development Board of THE CITY OF BOYNTON BEACH, FLORIDA will conduct a PUBLIC HEARING on Tuesday, August 22, 2023 at 6:30 p.m., and the City Commission will conduct PUBLIC HEARINGS on Thursday, September 14, 2023 at 6:00 p.m. and Tuesday, October 3, 2023 at 6:00 pm, to consider the request submitted by Bonnie Miskel and Beth Schrantz of Dunay, Miskel, & Backman, LLP on behalf of SBB 250 SPE, LLC. The hearings will be held at Boynton Beach City Hall, 100 East Ocean Avenue, Boynton Beach, Florida 33435 (see IMPORTANT NOTICE below). The requests are described as follows: LOCATION: West Boynton Beach Blvd. west of Knuth Rd., Boynton Beach, Florida 33436 (30' wide unimproved Right -of -Way south of Boynton Beach Boulevard) REQUESTS: Shalimar of Boynton Beach Right -of -Way Abandonment LEGAL DESCRIPTION: On file in the Engineering Division. This request can be viewed Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. at the City of Boynton Beach Engineering Division, 100 East Ocean Avenue. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose 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. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an 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 at (561)742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. IMPORTANT NOTICE: Due to the COVID-19 Pandemic, City meetings have been conducted in virtual style using one or more means of communication media technology. These meetings may also be conducted in virtual style. For the latest information on how these meetings may be conducted, go to a;,,Ibaynton I�eaclh„oir City Commission meeting and registration information can be found at rwvvvv;,,Ib•yimtoim Ik�eacl�„oir within the "GOVERNMENT” pulldown menu. Select "City Commission". Registration is required for joining the Commission meeting via the GoToWebinar platform. Information on accessing the meeting and providing public comment prior to, or during the meeting is all available at the City's website. CITY OF BOYNTON BEACH ENGINEERING DIVISION (561) 742-6244 1364 CID CD M T Florida Power & Light Company, 9293 S Military Trl., Boynton Beach, FL 33435 Phone: 561-742-2089, Fax: FPL July 20, 2023 Sara Thompson, Esq. Dunay, Miskel and Backman, LLP Dear Sara Thompson, Esq. Dunay, Miskel and Backman, LLP, This letter is in response to your request for the release of a platted road right-of-way. In meeting with your request, FPL has no objection to releasing our rights in the road right- of-way known as "30' Right of Way" in Plat Book 5, Page 73 of the Public records of Palm Beach County . The release is restricted to the following description: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, KNUTH ROAD P.C.D. PLAT NO. 1, AS RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID 30 FOOT WIDE ROADWAY; THENCE SOUTH 87041'31" WEST ALONG THE WESTERLY PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY LINE OF QUAIL RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95, PAGE 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 30.01 FEET TO A POINT ON THE WEST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE EAST LINE OF THE GOLF COURSE AS SHOWN ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE NORTH 00048'49" WEST ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO BEING SAID EAST LINE OF GOLF COURSE, A DISTANCE OF 976.43 FEET TO A POINT ON A LINE 7.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD 804) AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218 AND 219, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°34'11" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2; THENCE SOUTH 00048'49" EAST ALONG SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 976.50 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. Should you have any questions or concerns, please do not hesitate to contact Deborah Olawuni at 561-742-2089. Sincerely, Breanna Hollaway Engineering Lead A NEXTera ENERGY Company 12.13 Legal 09/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 09/14/2023 Proposed Resolution No. R23-133- Annual Registration Application & Fee for Wireless Communication Facility corresponding to Ordinance No. 23-018. Requested Action: Approve a proposed annual registration application and an associated fee corresponding to Ordinance No. 23-018 (Amendment to Land Development Regulations, Chapter 3, Article V, Section 13. Wireless Communication Facilities ). Explanation of Request: As proposed in Ordinance No. 23-018 (Amendment to Land Development Regulations, Chapter 3, Article V, Section 13. Wireless Communication Facilities), Item ID 541-2023 on this agenda, this new annual registration application and associated fee are required for staff to review the wireless communication facility in compliance with regulations, and obtain most recent information of the facility within city limits. The following are the purposes and functions of this new annual registration application: • It is designed to acquire necessary contact information of the wireless communication facility (WCF) owner/operator and service provider; • It is designed for the applicant (WCF owner/operator and service provider) to prepare and provide the required documents and drawings for staff reviews in accordance with the Land Development Regulations; and • The provided application, documents, and drawings by the applicant will be used to establish an updated record of WCF. How will this affect city programs or services? This item will not affect City programs or services. Fiscal Impact: N/A Attachments: R23-133 Wireless Communication Facilities Application and Fee.pdf WCF Annual Registration Application Fillable Flnal.pdf 1367 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R23-133 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A PROPOSED ANNUAL REGISTRATION APPLICATION AND AN ASSOCIATED FEE CORRESPONDING TO ORDINANCE NO. 23-018 REGARDING WIRELESS COMMUNICATION FACILITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as proposed in Ordinance No. 23-018, this new annual registration application and associated fee are required for staff to review the wireless communication facility in compliance with regulations, and obtain most recent information of the facility within city limits; and WHEREAS, the annual registration application is designed to acquire necessary contact information of the wireless communication facility (WCF) owner/operator and service provider; is designed for the applicant (WCF owner/operator and service provider) to prepare and provide the required documents and drawings for staff reviews in accordance with the Land Development Regulations; and will be used to establish an updated record of WCF; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve the annual registration application and associated fee corresponding to Ordinance No. 23- 018 regarding Wireless Communication Facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 25 OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby 27 ratified and confirmed by the City Commission. 28 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:ACA\RESO\Wireless Communication Facilities Application and Fee - Reso.docx 1368 29 approves the annual registration application and associated fee, a copy of which is attached 30 hereto and incorporated herein by reference as Exhibit "A", corresponding to Ordinance No. 31 23-018 regarding Wireless Communication Facilities. 32 Section 3. This Resolution shall become effective immediately on adoption. 33 PASSED AND ADOPTED this 14th day of September, 2023. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ATTEST: 50 51 52 53 Maylee De Jes6s, MPA, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 59 60 61 62 63 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:ACA\RESO\Wireless Communication Facilities Application and Fee - Reso.docx 1369 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT 100 E. Ocean Ave. • Boynton Beach, FL 33435 • (561) 742-6350 * pzmailbox@bbfl.us Wireless Communication Facilities (WCF) Annual Registration Year PROCEDURE: To enable the city to keep accurate, up-to-date records of the placement of WCF within the city, the owner and service operator/provider of each WCF must submit the completed application (1 page) and required documents and/or plans with a non-refundable annual registration fee to the Director of Planning and Zoning or designee no later than October 1St of each year. ANNUAL REGISTRATION FEE: $550.00 per registration NOTE: Failure to timely file annually shall mean that WCF is deemed to be abandoned, unused, or unsafe, thus subject to removal unless the owner and/or operator of WCF provide a written notice to the City of any intent to continue and a plan to comply with this subsection. WCF that is abandoned or unused for a period of one hundred twenty (120) days shall be removed. The owner and service operator/provider of WCF shall provide a written notice of any intent to discontinue use of the facility or submit a copy of the "Notice of Intent to Abandon" required by the FCC to the Director of Planning and Zoning or designee. WCF shall be removed within ninety (90) days of the cessation of use. Page 1 of 1 S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 23-007 WCF Annual Registration\Registration Form Revised 08/21/211370 13.H Future Agenda Items 09/14/2023 Advisory Board Annual Reappointments and Appointments. - Tabled from April 4, 2023. Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: On March 31, 2023, several existing board members' terms have expired. The City Clerk's Office has received applications from those who are current board members seeking reappointment along with City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Appointments Reappointments and Applicants for 09-05-23.docx Radigan, Amanda Affordable Housing Advisory Committee.pdf Tilton Ratcliff, Ace - Art Advisory Board.pdf Moses, Breion - Art Advisory Board.pdf Roberts, Margaret - Art Advisory Board.pdf McIntyre, Noelle - Community Redevelopment Agency Advisory Board.pdf Cobb, Naomi - Community Redevelopment Agency Advisory Board.pdf Jones, Ellen - Community Redevelopment Board Agency Advisory Board.pdf Roundtree, Lesha - Community Redevelopment Agency Advisory Board.pdf Hartmann, Gregory - Community Redevlopment Agency Advisory Board.pdf Jackowiak, Mark - Community Redevelopment Agency Advisory Board.pdf Gordon, Golene - Community Redevelopment Agency Advisory Board.pdf Gadson, Chevette - Community Redevelopment Agency Advisory Board.pdf Lopresto, Alexandria- Community Redevelopment Agency Advisory Board.pdf 1371 Posta, Heather - Community Redevelopment Agency Advisory Board.pdf Anderson, Eric - Community Redevelopment Agency Advisory Board.pdf Roberts, Lisa-Nicole Community Redevelopment Agency Advisory Board.pdf Castillo, Luisana - Community Redevelopment Agency Advisory Board.pdf Valcourt, Valerie - Education and Youth Advisory Board.pdf Kasey-McClendon, Teresa - Education and Youth Advisory Board.pdf Calixte-Dieuvil, Francoise Education and Youth Adviosry Board.pdf Barksy, Joel - Education and Youth Advisory Board.pdf Veloso, Odalis - Education and Youth Advisory Board.pdf Jackson, Bradley - Historic Resources Preservation Board.pdf Smith, Roy - Historic Resources Preservation Board.pdf Karten, Lindsay - Library Board.pdf Jones, Ellen - Library Board.pdf Levine, Marcia - Library Board.pdf Tilton Ratcliff, Ace - Library Board.pdf Barsky, Joel - Library Board.pdf Belmonte, Vanessa- Planning and Development Board.pdf Tunno, Nicholas - Planning & Development Board.pdf Jones, Ellen - Planning & Development Board.pdf Roundtree, Lesha Planning & Development Board.pdf Lopresto, Alexandria - Planning & Development Board.pdf Beveridge, Sarah - Recreation and Parks Board.pdf Patterson, Frando - Recreation & Parks Board.pdf Mondello, Julie - Recreation and Parks Board.pdf Lasky, Belinda - Recreation & Parks Board.pdf 1372 Advisory Board Vacancies September 5, 2023 Affordable Housing Advisory Committee Member 1 (3 year) term Mayor Penserga Serving on Local Planning Agency Vice Mayor Turkin Advocate for Low -Income Persons Applicant: Amanda Radigan Applied on 08/31/23 Art Advisory Board Penserga Regular Member 2 (2 year) terms Vice Mayor Alternate Member 2 (1 year) terms Regular Vice Mayor Turkin Regular II Hay Regular IV Kelley Alternate Mayor Penserga Alternate Applicants: Mayor Ace Tilton Ratcliff Applied on 03/14/23 - Current Regular member. Completed first term. Breion Moses Applied on 05/19/23 Margaret Roberts Applied on 08/26/23 Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Regular IV Kelley Regular Mayor Penserga Regular Vice Mayor Turkin Alternate I Cruz Alternate Applicants: None Community Redevelopment Agency Advisory Board 2 Year staggered terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Regular IV Kelley Alternate Applicants: Noelle McIntyre Applied on 02/01/23 Ellen Jones Applied on 03/06/23 Naomi Cobb Applied on 03/14/23 - Current Regular member. Completed first term. Lesha Roundtree Applied on 03/29/23 Gregory Hartmann Applied on 03/30/23 Golene Gordon Applied on 04/13/23 - Current Regular member. Completed first term. Mark 3ackowiak Applied on 04/14/23 Chevette Gadson Applied on 04/18/23 Alexandria Lopresto Applied on 04/19/23 Heather Posta Applied on 04/22/23 Eric Anderson Applied on 05/18/23 Lisa Nicole Roberts Applied on 06/21/23 Luisana Castillo Applied on 08/15/23 1373 Advisory Board Vacancies September 5, 2023 Education and Youth Advisory Board Regular Member 2 (2 year) terms II Alternate/Student Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Regular IV Kelley Regular Mayor Penserga Student Vice Mayor Turkin Student I Cruz Student Applicants: Teresa Kasey-McClendon Applied on 03/01/23 Valerie Valcourt Applied on 03/01/23 - Current Regular member. Completed first term. Francois Calixte-Dieuvil Applied on 03/08/23 - Current Regular member. Completed first term. Joel (pronounced Jo -Elle) Barsky Applied on 05/01/23 Odalis Veloso Applied on 06/03/23 - Student Historic Resources Preservation Board — Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Vice Mayor Turkin Applicants: Bradley Jackson Roy Smith 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 I Cruz Applicants: Lindsay Karten Ellen Jones Marcia Levine Ace Tilton Ratcliff Joel (pronounced Jo -Elle) Barsky Regular Alternate Applied on 03/31/23 Applied on 04/28/23 Regular Regular Regular Regular Alternate Alternate Applied on 03/02/23 - Current Regular member Applied on 03/06/23 Applied on 03/07/23 - Current Regular member Applied on 03/14/23 - Current Regular member Applied on 05/01/23 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 Nicholas Tunno Ellen Jones Lesha Roundtree Alexandria Lopresto Applied on 01/21/23 Applied on 03/03/23 Applied on 03/06/23 Applied on 03/29/23 Applied on 04/19/23 Completed first term. Completed first term. Completed first term. 1374 Advisory Board Vacancies September 5, 2023 Recreation and Parks Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms IV Kelley Mayor Penserga Vice Mayor Turkin I Cruz II Hay IV Kelley Applicants: Sarah Beveridge Frando Patterson Julie Mondello Belinda Lasky Senior Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Vice Mayor Turkin Applicants: None Regular Regular Regular Regular Alternate Alternate Applied On 02/23/23 Applied on 02/28/26 - Current Regular member. Completed first term. Applied on 03/01/23 - Current Regular member. Completed first term. Applied on 06/18/23 Regular Regular 1375 From: Radigana <noreply@123foi'-nibLlilder-.car-n> Sent: Thursday, August 31, 2023 1:30 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: ABR-,Resume.pdf Today's date 08/31/2023 Name Amanda Radigan Phone number 561-742-6256 Address 100 E Ocean Avenue City Hall Boynton Beach Fl. 33470 United States Email Radigana@bbfl.us Current occupation or, if retired, prior Director of Planning & Zoning occupation �-!11110151010111 0#110107iffir-MIUMM, Are you a registered Yes voter? Do you reside within the Boynton Beach No City limits? Do you own/manage a business within No City limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been convicted of a No crime? If "yes", when and where? Advisory Board Affordable Housing Advisory Committee 1376 If appointed 6mthe City Commission to serve as Board Chair No or Vice Chair are you m/UOng tmserve |n this capacity? Personal Qualifications Professional Memberships Feel free b» artacn/up|oaoan extra sheet or resume. Certification 1, the applicant, hereby certify that the staternents and answers provided herein are true and accurate, | understand that, ifappointed, any false statennentsmay because for removal from a board. The message has been sent from 58.173.34.I4G(United States) aL2O23-08-3112:3O:24onChrome lI6.0D.0 Entry ID: 6SD Form Host: Objective: To lead an outstanding team of planners and collaborate with engineers and building & policy experts to shape a City's built environment. Through operational excellence and attention to customer service, I strive to balance community, economic and environmental interests to ensure the highest quality of life for the public Experience: City of Boynton Beach, Planning & Zoning Director April 2022 — Present The staff that I am responsible for leading is charged with overseeing both current and long-range planning. Tasks include addressing development inquiries, guiding development through approvals, interpreting and writing Land Development Regulations, implementing the City's Comprehensive Plan and Strategic Plan. Special Projects: Boynton Beach Complete Streets Mobility Plan Boynton Beach Community Redevelopment Plan Sustainable Development Regulations Created overlay zone regulations Process and review criteria, Mixed Use and TOD regulations, Developing a Three-year Department Strategic & Business Plan Other Duties Manage contracts with consultants for project -based work. Create and manage Division Budget Aid in site planning and design of government facilities and investments. Represent the City at County TPA Committees. Represent the City in I PARC, Participate in regional efforts to address housing needs. City of Boynton Beach, Principal Planner July 2018 — April 2022 City of Boynton Beach, Senear Planner July 2014 — July 2018 Florida Atlantic University, Adjunct Professor Fort Lauderdale, Florida Spring 2013 — Spring 2019 ARC 3374 Site Planning & Engineering URP 4870 Site Planning URP 4920 Planning Design Studio City of Pompano Beach, Planner Pompano Beach, Florida May 2011 — July 2014 Review residential, commercial & industrial building permits Review of site plans for DRC, AAC & P&Z Staff Liaison to the Architectural Appearance Committee City representative at the Broward Sustainability Stewards City representative at the Broward MPO Complete Streets TAC Review & revise zoning code design standards and guidelines Other design arid/or sustainability related tasks, as needed Developed the City's Complete Streets Manual & CPTED Guidelines Solar Express, Project Manager Freehold, New Jersey January 2008 — May 2011 Developed solar photovoltaic systems HOK, Design Technician New York, New York May 2008 — January 2009 Technical I Design work of Health Care facilities including: Ohio State University Hospital, Miriam Hospital and SUNY Downstate Medical Center Gage/ Clemenceau Architects, Internship New York, New York May 2007 — January 2008 Produced: Construction, Lighting, and Mechanical Documents California College of Art, Teaching Assistant San Francisco, California September 2006 — May 2008 Building Energy + Integrated Building Systerns E: aniatidabradigan@gi,Tiail.com - T: 732,984.1019 1378 11;;11!M ly . ! 1111 . 0 Education: Florida Atlantic University Master's in Urban and Regional Planning Specialization in Urban Revitalization and Economic Development College of Design and Social Inquiry MIMO: Feasibility Analysis & Redevelopment Plan Broward MPO: Transit Oriented Development Study FILL Intermodal Center: South Florida Transportation Master Plan Post Disaster Housing: Design Guidelines for Broward County California College of Art Degree Earned: Bachelor of Architecture Excellence in Leadership Award in Diversity and Equality Exhibitions * Study abroad + Joint Studies: Argentina, Mexico, Peru Professional Certifications & Organizations: AICD (American Institute of Certified Planners) LEED Accredited Professional A,AIA [American Institute of Architecture] Computer Skills/Abilities: Proficient Sketchup, Adobe Creative Suite, AutoCAD, Microsoft Office San Francisco, California Graduated May 2008 Awarded: April 2008 Spring 4. Summer 2007 E: amanclabradigan@grnail.corn T: 732.984.1019 Since November 2018 Since June 2009 Since 2005 NoviceRevit, ArcGIS 1379 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? 1380 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 1381 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 1382 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 Harper's Promise, LLC I January, 2oi8 - 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 1383 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 1384 Stanzione, Tammy From: City Clerk Sent: Friday, May 19, 2023 2:06 PM To: Stanzione, Tammy" De Jesus, Maylee Subject: FW: Advisory Board Appointment application Sent: Friday, May 19, 2023 12:53 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date Name Phone number Address .11 1-1 0 Education 05/19/2023 Breion Moses 561-571-7454 303 East Woolbright Rd 1.2.8 Boynton Beach FL 33435 Reserved bre ion rnosesfwgMAg.g CEO Master of Public Administration Are you a registered voter? Y Do you reside within the y Boynton Beach City limits? Do you own/manage a business within City limits? I Are you currently serving on a No City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Art Advisory Board 1385 If appointed bwthe City Commission tmserve amBoard Yes Chair orVice Chair are you willing to serve in this capacity? Personal Qualifications In my role, I fostered a collaborative and open work environment where diverse perspectives were valued and encouraged. I led by example and empowered rny team tmtake ownership and nnakedecisions based ontheir emperLise]hecompany achieved significant growth arid success through these efforts, including recognition esan industry leader for innovation arid customer satisfaction, Professional Memberships Los Angeles Music and Art School, Board Director Wadnne} Forum for Black Public Administrators GamrmuZeta Omega Chapter ofAlpha Kappa Alpha Sorority, Incorporated Bethune [PokmanUniversity Alumni Association Central State University Alumni Association Florida A&M University Alumni Association Certification |, the applicant, 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 from aboard. The messagehas been sent hom172,S8228.Z6(Reserved)at2U23-0G-191l:SZ:53ouChrome D2,O.8,O Entry |D�G3G FonnHosC Stanzione, Tammy From: City Clerk Sent: Monday, August 28, 2023 831 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application Sent: Saturday, August 26, 2023 8:23 PM To: City Clerk <CityClerk@bbfl.us> •............. Education Margaret Roberts 561-654-9314 1qjj[Lgggy Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Are you currently serving on a No City board? 4ave you served on a City I -No ioard in the past? J "yes", which board(s) and when? Have you ever been convicted No of a crime? if "yes", when and where? ZMMEZ= Art Advisory Board 1387 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'm very crafty and I love to bake. I've done a few craft shows displaying my creativity. 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 front 66.229.221.4 (United States) at 2023 -O&M 19:22:44 on Chrome 11.1.0.5563.116 Entry ID: 649 Form Host: httpL.�/Jforrn 123ounbuilderx rn 583214 is . -- � ��f - I — � ---111— --- 19 / , .-- zs� d Jy.. L) ( _ 1388 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 1389 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 1390 AMMAR wo V 1391 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 CISI ity limits? 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 1392 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_ 1393 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 1394 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 1395 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 1396 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 1397 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 1398 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 1399 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, _ _ -- 1400 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 1401 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 1402 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 1403 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 of in': 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 - Sold 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 150011 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 1404 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 1405 if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in th:is 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 Chrorne 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 i EI 111.1 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 1407 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 144d34c extra sheet or �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 1408 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? 1409 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 1410 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 22021- Winner ranked I "°' in the nation Arbor StarAward 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, 1411 Pernix 'rherapeutics —West I'ahn Beach, F lorida Ociober 2014. -February 2019 Phartitaccutical S,pecialty Sales Representative • Sales and Marketing of four 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 1412 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@123fora bluider.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 1413 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 -opplication Form Host: h s: J11- Y-!?,�NL4- U cal -e L 1414 Stanzione, Tammy From: To: Subject: Attachments: De Jesus, MaWee Tuesday, August 25\2O23 3:36 PM Stanzione\Tannmy FW: Advisory Board Appointment application Eric 'Aridet-soii...resLit-ne-May-2023,docx May|ee DeJesuS,K8PA,�\W( cdy( I|erk City [|ark'sOfflce K4ai||ng Address: P.0, Box 310 | Bmynton Beach, Morida 33425 Physica|Address,IOOE, (ReanAve. | Boynton Beach, F|orida 3,31135 1 561-742-6061 DdWNWAD THE Z=Iw a In Wi 9i IlI3 Now MYW*Vt"N AM P|ease be advisedthet F|oride has broad pubUc reoord3 |avvand aU correspondence Io me uia emai| may be subject to d|sc|osureUnderF|shdarecords|aw4emai|addresses are [uNicrecords Therefore,youre-nnai|communice1|onand ymure-mai|addressmay besubjecttopub|icdisc|osure, From: City Clerk <[ity[lerk@btfl.uS> Sent: Thursday, May 18, 2023 10:55 AM To:Stanz|ome, Ternrny<StonaimneT@bbfl.us>; De Jesus, May|ee <DeJesusK8@bbU.us> Subject: FW: Advisory Board Appointment application From: info Sen Thursday, May 18, 2023I0:49AM To: City Clerk � Subject: Advisory Board Appointment application Today's date 023 Name Eric Anderson Phone number 56I-374-2750 Address 51DE.Ocean Ave, APT 37O Boynton Beach FL33435 United States Current occupation or, if retired, prior Business Owner occupation Are you registered,es Dpyou reside within the Boynton Beach Yes City limits? Do you abusiness within ChyYea D"v�s" name "yes", The Butcher & The Bar Are you currently serving nnaCity No Have you served on a City board in the Ut If "yes", which board(s) and when? I "yes",when and where? Advisory Board Community Redevelopment Agency Advisory Board If appointedbythe City Commission to serve as Board Chair Yes orVice Chair are you willing to serve in this capacity? Personal Though trained as a clinician, my career has been very focused on business rnanagernent and Qualifications marketing. | have worked for a large non-profit, a large for-profit corporation, and have owned my own businesses. The diversity of my career experience provides me with a uniqUe perspective qnmany things inbusiness. As a business owner in Downtown Boynton, 1, along with my partner, have been pushing for changes in and promotion of Downtown Boynton as a destination. Believing in the future of Downtown, we were one of the first new businesses to open in downtown, occupying space in the 58OOcean building. VVewere also CRA Grant recipients and have understanding mfthe value and importance *fthe CRA. Feel free to attach/upload an htllLs_,,/ZigILq,.,IZ3fc)rirnb�j�qder,.(Ioun !111pp (Ij jj_�L , --�§iL�,42(�:Of79bOl62d5OebOeo7o,�3b4'7(J4e6 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 73.0.29.115 (United States) at 2023-05-18 09.-49:13 on Chrorne 113.0.0.0 Entry ID: 635 Referrer It pF, tjg Form Host: ild rx L7ij 1417 Stanzione, Tammy From: To: Subject: Attachments: De Jesus, MaWe Tuesday, August 29,2O23]:38PM Stauzione,Tammy FVV-AdvisoryBo@ndAppDintmentapp|ication Lisa- Nicole-Roberts-June-2023.pdf Mey�ee[eJesus, �MPA, Mi[ OtyOkerk [ky Clerk's Offlce %XaU|ngAddress" P,Q.Box 3IO | Boynton Beach, F|ohda Physica|Address: 20]E,OceanAve. | Boynton @each,F|orida 33435 � 561-742-6O51 9|eGse be advised that F|orida has broad pub|ic no[ords |avxand aUcorneSpUndenoeto mevia cmai| may besubiec1to disdosure,UnderF|oridarecords|aw, emai|addresses are pub|icreuords.Thereiore,youre-mai|communicsflonand youre-maUaddressmaybesubjecttopub|icdisdosure, From: City Clerk^CityClerk@hbU.mS> Sent: Wednesday, June 2I,20233:I5PM To: Staozione,Tammy <StamzioneT@bbfLus>;DeJesus, &4ay|ee<DeJesmsK4@bbO.us> Subject: FVV�Advisory Board Appointment application Sent: Wednesday, June 21, 2023 3:12 PM To: City Clerk LIS> Subject: Advisory Board Appointment application Today's date 06/21/2023 Name Lisa -Nicole Roberts Address 653 Castilla Ln Boynton Beach FL33436 United States 114170M 6sa h ai s rnail.corn Current occupation or, if retired, prior Finance Consultant occupation MM7-W-T Are you a registered voter? rl the Boynton Beach City limits? ff-M Do you own/manage a business within City No limits? if "yes", name of business. Are you currently serving on a City No 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? If "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board 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 passionate about the Boynton Beach CRA, I heavily considered opening a business and Qualifications applying for a grant, While I did not end up doing it, I am familiar with the program and am very excited about the future growth of Boynton Beach. My business background rnakes me a strong fit to help make decisions around budgeting, *perations, and marketing. Professional Memberships Feel free to attach/upload an htt s,/ 123formbUilder,cwail / I p _OIL _tlll?fole�d=eaaaea9d8'79e9Eicfa4392(�lbc6dc6622 extra sheet or resume. 1419 Certification 1, the applicant, hereby certify that the staternents and answers provided herein are true and accurate. | understand that, if appointed, any false statements may because for removal from a board. The message has been sent from 73.17972.87(United States) at2O23�6-21l4:11:46on[hrome114.O0I) Entry ID: 642 Referrer Form Host: Enrail: lisantiroberts(r�.)giiiaii.corri I Phone: 772.204.3973 1 Location: South I'lorida / Remote WORK EXPERIE.NCE National Veterinary Associates Indefwndenl Consultant hinancial Planning & Analjwis Aug*. 2022 Present Created detailed trackers to analyze performance of over 1,000 individual hospitals after close ofacquisit ions as company strategy shifted from acquisitions to organic growth (I I ollaborated with operations team to improve approval process for capital expenditure projects, including full model rebuild Corlwate Deva lolmient Associate Oct. 2020 Maty 2022 Deployed $3.0bn F� of capital across seven veterinary services platform acquisitions; member of lean team for all deals and responsible fior building L.130/operating models, conducting due diligence process, and pitching approval to C" -Suite (I I onductcd buy -side, sell -side, and convertible note deal processes for acquisitions ranging from $30.0111m to $1.Obn Created NVA's platform prioritization product including a ranking of every North American veterinary services platform by asset quality, contact information for key members ofinanagernent, and documentation ofevery outreach • Served as ad-hoc associate for C' -Suite on strategic projects including creation of` initial equity pitch for selling veterinarians, cost ofcapital analysis, and recommendation on VA's bid strategy for I.I.S. and Canada hospitals Key Transactions: SAGL' Veterinary Centers, Ethos Veterinary I Icalth, PetWell Partners, Veterinary ("are Group select Fransaction Experience Acquisition qfSAGE Veterinary Centers ( , 'onducted diligence, created 1_130 and operating model, and pitched transaction to C" -Suite to gain approval for $I bn e bid Pitched NVA to SAGE as acquiror ot'choice by demonstrating cultural compatibility and business integrity Divested select hospitals mandated by FTC with roles including coordinating FIV correspondence, running diligence process, managing data room, creating list of potential buyers, and assisting on marketing materials Project Pegasus Owned operating model and pitch materials to C` -Suite for potential acquisition for largest remaining equine platform in veterinary space; coordinated with operations team to create bottoms -up forecast for platf6rrn to determine bid price Truist Securities (Uk/a SunTrust Robinson litunphrey) Corlw,wule and Investment BankingAnalyst Jun. 2018 - .Is'ejv2020 (:`rented capital structure, capital allocation, acquisition capacity.) liquidity models, and other atudyses to determine clients' need for debt and ability to repay loans Sourced prospects for senior bankers based on potential capital needs Analyzed healthcare industry research and company -specific data to create CIMS, pitch books, and other discussion materials Select Transaction Experience Proicel A LEJ? T Provided company with a revolving credit facility after conducting site visits, hosting weekly diligence calls with company, and working with internal and external teams to execute transaction Pr(4ect LOCK Evaluated financing OPPOrtUnity and presented to senior management to gain approval to commit to the credit facility intended to fund the spin-off'of a business segrnent, successfully converting RemainCo from a prospect to a client EDUCATION University of Florida — Hough Graduate School of Business Vaster (# Science in Finance (conducled in landem with underg!raduale degree) 11a.Y 2018 Relevant Coursework: Investment Banking & Corporate l"inancial Modeling, Fixed Income, Interest Rate Risk Management, Mergers & Acquisitions, I"Utures & Derivatives, International finance, Venture Finance, 11 ' merging Markets, Capitalism & Regulation, Asset Allocation, Special Topics (all coursework and lectures on Bloomberg 'Terminal) University of Florida - Warrington olleg e of Business Bachelor ol Science in Business A dalinistralion Dec. 2017 Internships: SunTrust Robinson I funiphrey I leattlicare Investment Banking, Raymond James Credit Risk Analyst 01'"Ell INFORMATION Languages: Conversolional Anterican Sign Langnqee Continuing E'dieculion: I raining Me Street P Program, H'all Sireei Prel) LBO Nfodeling ( 'wirse, PINNA Series 79 03, I'lorida Atlantic University Ilovl)italit)),Iltiiteigeintnt Cerlrficofion hileresis: Girls on die Run Oward niembc�), Yoga (certified instrucloi), Rock ( 7imbing (fiwiner coinj)efilof), Scuba Diving 1421 Stanzione, Tarri Le]esUS, MaWee Tuesday, August 29,2O233:44PK4 StanzionE,Tamnoy FW: Advisory Board Appointment application LuisanaL[asti||o-_Resum��pdf May|ee I)e Jesus, MPA, MNAC [ityOerk (Jty G|erk's [ff8ce 0ai|ing Address� P.Q, Box 3.1O | Boynton 8emch, F|orlda 33425 Physica| Address: 10O E. Uoean Ave. | Boynton Beach, F|orida 33435 � 56I-742-6]61 P|ease be advisf.,dthot Florida has broad pub|ic nenordS law and aU cornespondence to mevia emmi| maY be subject lo disdosure.UnderF|oridarecords law, emai|a6dressesanepub|icrecords,Therefore,YOU re - I'll ai|communica1ionand ynure-mai|address may be subjectI.o pub|icdisc|osure, From: kasti|k)<nmneply@123fonnbui|der.com> Sent: Tuesday, August I5^2DZ311:45AK4 To: City Clerk <CityC|ed«@bbU.us> Subject: Advisory Board Appointment application date 08/15/2023 Name Luisana Castillo Phone number 561-739-9748 Address 7S9Manatee Bay Drive Boynton Beach FLB343G United States Current occupation or, ifretired, prior Boynton Beach Manager aLthe ChannbermfCommerce occupation Education Bachelors in Political Science and a graduate certificate in Public Administration DdWNLbAD THE P|ease be advisf.,dthot Florida has broad pub|ic nenordS law and aU cornespondence to mevia emmi| maY be subject lo disdosure.UnderF|oridarecords law, emai|a6dressesanepub|icrecords,Therefore,YOU re - I'll ai|communica1ionand ynure-mai|address may be subjectI.o pub|icdisc|osure, From: kasti|k)<nmneply@123fonnbui|der.com> Sent: Tuesday, August I5^2DZ311:45AK4 To: City Clerk <CityC|ed«@bbU.us> Subject: Advisory Board Appointment application date 08/15/2023 Name Luisana Castillo Phone number 561-739-9748 Address 7S9Manatee Bay Drive Boynton Beach FLB343G United States Current occupation or, ifretired, prior Boynton Beach Manager aLthe ChannbermfCommerce occupation Education Bachelors in Political Science and a graduate certificate in Public Administration Are you a registered Yes Do you reside within the Boynton Beach Yes City limits? Do you nage abusiness within City No Are you currently serving ouaCity NV board? Have you served on City board in the No past? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board COMMUnity Redevelopment Agency Advisory Board if appointed by the City Commission to serve asBoard Chair Yes or Vice Chair are you willing to serve in this Personal As a Boynton Beach resident | am always looking for ways 10 contribute to my community arid Qualifications saw an opportunity through the Chamber of Commerce, Thus far, I have fostered collaborative relationships with residents and continue tolearn the dynamics shaping out, comnnumity.4 pivotal aspect of my experience is rooted in community engagement, as demonstrated by rny grassroots efforts when ! canvassed neighborhoods to gauge local sentiment onpivotal amendments. This experience instilled inrnethe ability totruly listen arid empathize with citizens' perspectives, a crucial trait for an effective advisory board member that further builds onnnyeducational background |nPublic Administration. Professional K0ernhenob|ps 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 73124.88182(United States) at20Z3-O&-151O:44:46on[hrome115.0.Q.O 2 LUISANA CASTILLO RMINW-Nwi 561..-729.-9749 LUisanacastillo24@gmai1.corT1 Al-011we"T _11t#11,1161 Masters in Public Administration University of Central Florida Currently PUrSing BS in Political Science University of Central Florida 2016-2020 1VXT1&*1_1WTWE9� The Latino, Leadership Council VP of Operations 2018-19 Coordinated UCF's 2018 Hispanic Heritage Month Celebration • Directed a team to collaborate between graduate students, faculty/staff, and student -run-, organization leaders to plan and execute inclusive community events celebrating hispanic culture throughout the month to serve a 65,000. student body • Worked with numerous vendors for a grand finale celebration including a student parade thru campus, With live music, a comedy show, and the first scholarship pageant. • Devised, planned and hosted UCF's first Latin Student Pageant awarding two textbook scholarships. • Created and circulated a calendar of events. Promoted the COUncil's mission to unite the I.atino student run organizations by aiding leaders and facilitating spaces to collaborate. &F9r*"1UnM Strong bilingual sf:)eaker with extensive experience in digital marketing and rnanagernent skills, Showcasing excellent organizational and communication skills along with a passion to serve our community. OFFICE MANAGER MVP Environmental Solutions, Inc. 11/2020-1/2023 • Coordinated all routes, meetings and projects for the team. • Formulated and exec.uted a marketing strategy across social media platforms, virtkW magazines and local networking groups, • Provided regular financial activity reports while rriaintaining rnetiCUlous record of all leads, sales, and exl,,)enses. • Prepared exeCUtive analysis reports, spreadsheets and presentations for C~• level executives. • Maintained a connection with local leaders, charnbers, and nonprofits to promote brand awareness within the community. • provided the highest level Of CUstorner service to clients to ensure customer retention and collection of payment. • Analyzed F"I/L sheet to formulate subsequent budget changes. • Supervised employees Job perforrnarice, timesheets, calendars and conducted quarterly performance evaluations. • Represented company at all chamber meetings arid activities. • Set up health and life inSUrance beriefits and explaining cornpany policies for sick days, FTO and holidays. • Responsible for client invoicing, collecting payrnent from clients or their insurances and maintaining a rnorithly [1/1... • proficient in Quickbooks, Microsoft and Google Suites. SOCIAL MEDIA COORDINATOR Parkland Chamber of Commerce 13/2021- 9/2022 • Spearheaded the start of social media marketing. • Coordinated social media postings. LAW INTERN Arco Abogados I Barcelona, Spain 5/19- 8/19 # Translated legal docurrients and news articles to share online. * 'rranscribed international business negotiations, * Performed rninor legal proceedings. 1424 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. 1425 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 i El PT -1 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? 1427 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 1428 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 1429 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,, 1430 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 1431 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 1432 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 1433 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 1434 Stanzione, Tammy From: City Clerk Sent: Monday, May 01, 2023 10:51 AM To: Stanzione, Tarnrny; De Jesus, Maylee Subject: FW: Advisory Board Appointment application Attachments: Barsky-.ReSUme.clocx From: joel.barsky87 <no reply@ 123form bU ilde r. co rn> Sient: Monday, May 1, 2023 9:55 AM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 05/01/2023 Name Jo6l (pronOUned Jo -Elle) Barsky Phone number 561-735-1.420 Address 1941 W Woolbright Rd Apt C1.02 Boynton Beach FL 33426 United States Uail ioe�.bat"skv87(a)P.Pmail.corn zmamm= .� if retired, prior Criminal History Check Program Associate occupation Education Master of Public Healtli at TUlane. University 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? VI I F -J &MMORROIII M 9 Q serving on a CI boarid?'- Have you served on a Yes City board in the past7 If "yes", which board(s) Recreation and Parks Board (2020) and when? 1435 Have you ever been No convicted of a crime? if"yes"'when and where? Advisory Board Education and Youth Advisory Board If appointed by the City Commission to serve as Board Chair or Vice Yes Chair are you willing to serve |nthis capacity? Personal Qualifications | have previously services wnthe Recreation and Parks Board in3Q2O. Professional Memberships Feel free to attach/upload an extra sheet orresume. Certification i 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 ahoard. the message has beer) sent from 75.I79,G9,1Q(United States) at2O23f]5OI0D:S4:31ooSafari 16.4 Entry ID: G33 Referrer: JOEL BARSKY, MPH Pernianent Address: 194 1 NV Woolbright Rd, Apt C"`10)2, Boynton Beach, Fl, 33426 F -mail: joel,b,,iisky87(ci/giiiail.coni Cell: (561) 735-1420 EDUC I ATION Master of Public health, Global Health Systems & Development, August 2013 Tulane Univcrsit),,�chool qff`ublic 11culth and Trolfical Medh,,ine, New Orleans, LA Bachelor of Arts, Anthropology & minor in Public health, May 2010 University of South Florida, Tampa, Fl, WORK E.XPERIENCE Criminal History Check Program Associate, Amwri( ,I oqs, April 2023 -Present Provide administrative support and data collection for the National Service Criminal History 'heck waiver process, support the development ofcomprelicrisivc written guidance for grantees and agency staff',erred supporting the development and implementation ofsampling analysis guidelines and procedures, Assistant Program Director,fin(TWOWS, January 20)'17 -April 2023 Under the AmeriCorps National Civilian C ommunity Coq)s, I plan and implement initiatives to develop service learning projectsand lodging opportunities With J)Ublicand private organizations, C01111TWIlity"Ind faith -based organizations, and other federal agencies. Develop project proposals, which include: proJect goals, reSOUrces needed, and timelines, Prepares protected project budgets to include travel and lodging expenscs. Monitors project. ject and lodging expenses against budget to identify necessary changes. Presents pro.ject training or orientation to tearer members. Coordinate with offier rnembcr training, and Supervise Corps Mernbers in order for them to complete their assigned tash.s. Social Insurance Specialist, U.S..' ocria l Sccuril.Y A(b)finistrwion, Georgetown, SC, May 2014 -January 2017 Adjudicated, authorized and reconsidered claims f6r benclits undcr the provisions of the retirement, survivor's iTlsurance and supplemental security income or disability insurance betiefit program. Answered inquiries about the Social Security Administration, Medicare and other services and provided customer support through the phonic and ('dace, -tea -face. Disease Intervention Specialist, Puridu Deparlment oftlealth, Riviera Beach, FL, March 2013 -April 2014 Perftn-rned interviews to clients infected with Scxually'Transmitted Infections, conducted investigations, partnered solicitations and provided ease management to paticilts. llarficipated in outi-cach events, provided pUbliC' presentadons, liaised with external/internal stakeholders and per lorryied other duties to prevent outbreaks within the Palm Beach ("ounly area. Health Prornoter, Peacc Corps - Fji, Suva, Fiji, May 2011 -January 2013 Promoted good health by providing solutions to reducc Non--/ ."OrIlMunicabIc Disc ases while providing capacity building skills in a rural community. Superviscd labor workers, managed a government contract and liaised with stakeholders in ordu to succeed the goals ol'various projects, 1437 VOLUNTEER EXPERIENCU" • Peer Reviciver, CN("S Volunteer Generation Fund (V(31), Vicksburg, MS, July 20 1 7-11rcscut reviewing and assessing applications of'various state commission offices applying for federal Funding through the VGF. • Volunteer, Black River LInited 1174Y, Georgetown, SC",March 2015 -January 2017 Event planning and fundraising for annual events. Providing assistant to stuff" and board members. • Volunteer, flabilat,lbr flumanitY, Delray Beach, Fl, February 2013 -March 2013 Providing assistance in n building liouses and administrative support to staff members through data processing and clerical duties, • Volunteer, Delral, Beach Health Center, Delray Beach, F'L, February 2013 -March 2013 Processed and organized medical records provided by the Department ot'l-lealth. • Volunteer Coor(linator, t ISF's Center fern Leatlersh ip & Civic Eleagernenl, (BLAST, Dance Marad)on, and Lead Week Board), Tampa, FL, April 2008 -May 2(110 Coordinated annual events to get StUdCutS itIVOlVed 'Alid) Volunteering and ways to get involved with developing their community, BOARDS Board Member, Communit ' vAppearance Boar(I (CAB), Georgetown,.lady SC, 2015 -December 2016 Hear and decideappeals where it is alleged there is an error in any order, requirement, decision, or (let en n ination by the Zoning Administrator in the City of(jeorgctown Zoning Ordinancc. OTUM Languagc: English, Fluent; F'jian, Former Expert Level; Spanish, Intermediate Level C I omputer: Microsoft ( ' )ffice Programs:> Word (Type 65 words per i -minute), Excel, PowcrPoint, Publisher and Outlook; SPSS, PRISM and ArcGIS Aliscclhvieoms., Noworking, event planning, and grant Writing LICENSE Drivcry License Class E, FebrUM-y 2017 Mississippi Department of Highway Saf'ety, & Motor Vehicles CERTIFICATION Contracting, Qlflccr Rcpri,,�sentafivc L -vel 1, August 2018 Federal Acquisition Institute Exemplar -V CoWribution orService Award, July 2016 Superior contribUti(M to the success of the office. Exen'tplaij, Contribution or Service Ai varrel,May 2015 Superior contribution to the success of the office. From: City Clerk Sent: Monday, June 05, 2023 7:12 AM To: Stanzione, Tammy; De JeSUS, Maylee Subject: FWAdvisory Board Appointment application From: enlunio <no reply@ 123form bU ilde r.co m> Sent: Saturday, June 3, 2023 4:31 PM To: City Clerk <CityClerk@bbfl.LJS> Subject: Advisory Board Appointment application Today's date Name Phone number Address RM pPit. MAIN@ "01'r Education 06/03/2023 ODALIS VELOSO 561-662-7393 123 YACHT CLUB WAY APTO 205 BOYNTON BEACH FLORIDA 33462 United States enlunio@y,mil. co1!1 STUDENT Do you reside within 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? If "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Education and Youth Advisory Board 1439 if appointed by the Cit Commission to serve as Board Yes Chair or Vice Chair are you' m8U|ng to serve inthis capacity? Personal Qualifications Passionate about helping/serving the community and wants to make all the difference possible. Outspoken and displays leadership skills which I have exercised through clubs and extra curricula rs. Clubs/ExtraCUrriculars: NJHS president at middle school, SGA and student council mernber in both middle and high school, high school debate team, varsity water polo, and artistic swimmer, I am also bilingual (fluent in Enghsh and Spanish) . Currently participating in Volunteering through out Boynton Beach like in the Boynton Beach library. Current school is SUncoast High School with the IB program. Professional Memberships Feel free to attach/upload an extra sheet orresume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate, | understand that, ifappointed, any false statements may because for removal from aboard. The messagehas been sent hnm5O.Z28.]45.lD6(UnhedStates) atZO23-O6'0315:3O:45on[hrome114.O.O.0 Entry ID: G38 Referrer� Fo*mHos: 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? 1441 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_ _ 1442 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 Marketfi,ig & 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 1443 1444 Stanzione, Tammy From: City Clerk Sent: Friday, April 28, 2023 10:07 AM To: Stanzione, Tarnrny; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From: Iroysmithl <noreply@123forrnbUilder.corn> Sent: Friday, April 28, 2023 10:01, AM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date Name Phone number Address r4m Education 04/28/2023 Roy Srnith 925-915-0247 504 SW 8th Place Boynton Beach FL 33426 United States Lrgy—sm L1t!L1-@g-m-a'lLcQ-r-11 Account and Channel Management Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business within City limits? IVU Are you currently serving on a No City board? Have you served on a City No board in the past? if "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Historic Resources Preservation Board 0 1445 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 * Strategic planning, creating, and implementing plans, working with large budgets, business analytics. * Experienced interacting with, and influencing senior management, executives and key decision makers: * Proven success with start-up Situations, expanding, and mature markets. o Skilled with prolonged contract negotiations. My family has been in Florida since the late 1840's with our first born in Key West, Preserving our history is vitally important to help successive generations understand Our past in order to shape our future, rM. aww'TH "k, , , - PITIMAMM, M. 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 rernoval from a board. The message has been sent from 73.17 9.50,92 (United States) at 2021-04-28 09:01:14 on Chrome 112.0.0.0 Entry iD: 629 Ref errer: !jqpF � /AAA. - L�qhorp ,j �hpyjqtqE�� _L_ j Form Host: jjtjjLs' form. 123formbLli er, _Lor'r -b a d- p oint ent.-.�.p ajion IjL or I --y-J-P -(--4 _g_ 1446 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 1447 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, 1448 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 1449 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 1450 '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), 1451 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 1452 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. 1453 1454 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 1455 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 1456 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 1458 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 1459 Stanzione, TammY From: City Clerk Sent: Monday, May 01, 2023 10:51 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application Attachments: Barsky-.Resurne.docx From: joel.barsky87 <noreply@123formbuilder.corn> Sent: Monday, May 1, 2023 9:51 AM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 05/01/2023 Name Joel (pronounced Jo -Elle) Barsky Phone number 561-735-1420 Address 1941 W Woolbright Rd Apt 0102 Boynton Beach FL 33426 United States EmailL)anAy!d-72En2L1 L -c Lrn Current occupation or, if retired, prior Criminal History Check Program Associate occupation Education Master of Public Health at Tulane University Are you a registered Yes voter? Do you reside within the Boynton Beach CityYes limits? Do you own/manage a business within City No limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a Yes City board in the past? If "yes", which Recreation and Parks (2020) board(s) and when? 1460 JOEL BARSKY, MPH Permanent Address: 1941 W Woolbright Rd, Apt C102, Boynton Beach, F1, 33426 E-niaiE joel.barskyU(u�grnai I .corn ("ell: (561) 735-1420 EDUCATION Alaster of Public Health, Global Health Systems & Development, August 2013 Tulane Univervit),School ql'Pubfic Health and 7ojaic al A4NIicine, New Orleans, L.,A Bachelor of Arts, Anthropology & minor in Public Health, May 2010 1 Univo er�ity 'South F70 ridu,Tanipa, FL, . t WORK EXPERIENCE Criminal History (:"heck Program Associate,.4meri('Oqs, April 2023 -Present provide administrative support and data collection for the National Service Criminal IfistorY (-'heck waiver process, suppoil the development ofcornprehensive written guidance fbr grantees an(.] agency staff, and supporting the development and implementation ofsarnpling analysis guidelines and procedures, Assistant Program January 2017 -April 2023 Under the ArneriCorps National Civilian Community Cori,.)s, I plan and implement initiatives to develop service learning prqjects and lodging opportunities with public and private organizations, community an(] fiailh-based organizations, and other federal agencies. Develop pro.ject proposals, which include: prqjecr goals, resources needed, and tiniefiries. Prepares prqjected prqject budgets to include travel and lodging expenses. Monitors prqject and lodging expenses against budget to identify necessary changes. presents project training or orientation to learn members. Coordinate with other member training, and supervise Corps Members in order for thein to complete their assigned tasks. Social Insurance Specialist, U.S. SocialSecurit)) A41nfinistration, Georgetown, SC, May 2014 -January 2017 Adjudicated, authorized and reconsidered claims lor benefits Under the provisions of the retirement, survivor's insurance and supplemental security income or disability insurance benefit prograrn. Answered inquiries about the Social Security Administration, Medicare and other set -vices and provided customer support through, tile phone, acrd fitce-to-face. Disease Intervention Specialist, Horida Department ofllca*h, Riviera Beach, FL, March 2013 -April 2014 Perfori-ned interviews to clients infected with Sexually Transmitted Inficctions, conducted investigations, partnered solicitations and provided case management to patients. Participated in outreach events, provided public presentations, liaised with extenial/internal stakeholders and perfiornied other duties to prevent outbreaks within tile Patin Beach County area. Health Promoter, Peace Corps - Fzji, Suva, Fji, May 20)11 -January 2013 Promoted good health by providing solutions to reduce Non-/Conlinunicable Diseases while providing capacity building skills in as rural corruirunity. Supervised labor workers, managed a government contract and hailed with stakeholders in order to succeed tile goals ot'various projects. 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 1462 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_ & 1463 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 for speaking Engagernentq, increasing rev"'lue by 30% 1464 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 1465 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 i El 11-1.1 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 1467 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 1468 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 1469 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 _ 1470 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 1471 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 hoard. 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 1472 From: City 0erk Sent. "thursday, February 23, 2023 2A9 PM To. Stanzione, I'arvurry; De Jesus, Maylee Subject: FW: Advisory Board Appointrnent appicafion From- beveridge,nsarah <rioreply@123forrnbtjild(r.coiii> Sent., Thursday, February 23, 2023 2:44 PM To. City Clerk <GtyC1erk@bbfl,us> Subject: AdvisorV Board Appointment app kcation Today's date 02/23/2023 Name Sarah Beveridge Phone number Address 3681 WOLF RUN LN BOYNTON BEACH FL 33435 United States Email beverigi, �e, LL4Lq11@f nn ai!,coni Current occupation or, if retired, prior occupation Stay at home mother, previously a teacher Education Bachelors Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business within City limits? No if "yes", name of business: Yes Are you currently serving on a City board'? No Have you ser,ved on a City b*ard in the past? No If "yes", which board(s) and when? Have you ever, beam convicted of a crime? No If "yes", when and where? Advisory Board Recreation & Parks Board M 1473 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 1474 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 1475 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'- bblif 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? 1476 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 TennevseeState 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 VUE, 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. 1477 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 1478 Stanzione, Tammy From: City Clerk Sent: Wednesday, March 01, 2023 2:05 PM To: Stanzione, Tarnmy, De Jesus, Mia lee Subject: FW: Advisory Board Appointment application 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—Le-Le1(o-2yALnr-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. 1479 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 1480 Stanzione, Ta,mm z From: City Clerk Sent: Tuesday, June 20, 2023 8:15 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From: belindalasky <noreply@123fornibuilder.com> Sent: Sunday, June 18, 2023 9:48 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application I HT -FTWFT.M- Address 1811 Renaissance Commons Blvd #2516 Boynton Beach FL 33426 United States Email Current occupation or, if Director of Volunteer Leadership & Food Insecurity retired, prior occupation Education MSW Are you a registered voter? Y Do you reside within the y Boynton Beach City limits? Do you own/manage a business N within City, limits? 11 Are you currently serving on a No City board? Have you served on a City No board in the past? if ")tes", whicl�t boar,;,,(s) azO wle*7 Have you ever been convicted No of a crime? If "yes", when and where? Zzms= Recreation & Parks Board 1. 1481 Rappointed hxthe City Commission to serve as Board No� Chair orVice Chair are you willing toserve inthis capacity? Personal Qualifications Highly accomplished Non -Profit Director with consistent achievement in management, program growth opportunities and operational matters. Success |nexecuting strategy and reducing operating costs event production, coordinating behind -the -scenes planning and program evaluation. Additional areas ofexpertise include: Executive Leadership, Community EngagenlentEvent Planning & Vendor Relations Community Outreach & Public Relations, Volunteer Recruitment &Retenhnn, Budget Management, Initiating and Building Strategic Alliances, Change Management Project Management, Customer Service & Relations, Board of Directors & Executive Presentations, Training, Development &Team Building Feel free &uattach/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 aboard. The message has been sent from 67.151.248.78 (United States) at 2023-06 -18 20:4751 on Chrome 114.0.0.0 Entry ID: 64I Referrer: Form Host: 2 F 's g��.aouHEY!, �$ �I 2 uug� a'¢Z III - 3 NII m HI�� o.>< go 9H HN 9Y O MUMS, 5 0 aSe2 II lel ZO r 5 � uS � - - - JI � u azuu mrcmmm.ou ru�xmrc-„oo zl I _d33 I —_ _ _ _ — — — — —_ 3f1N3hV S5321�JNOU 9v � '? aVOTJ H1f1NJl Q U Z r y f m4zo � O Q o lei.9 osoy �o OVO>J 3JN321MM � JN SH 1 look _ N loo uJ o�a5`x`il; Ronp $ Iy 21 .�s a� x i x r 1, - Ply- Ilo lei d rcazPmrc z rw� rm rxu rcum � io by \ r IN 8 -------------- _� -4 e °Ow'��.� `p xa I - I �LLm Fra. m (b08 OVOTJ 31V1S) O?Jtl�31f109 HOY39 NO1NA09 u � '� I _ 's g��.aouHEY!, �$ �I 2 uug� a'¢Z III - 3 NII m HI�� o.>< go 9H HN 9Y O MUMS, 5 0 aSe2 II lel ZO r 5 � uS � - - - JI � u azuu mrcmmm.ou ru�xmrc-„oo zl I _d33 I —_ _ _ _ — — — — —_ 3f1N3hV S5321�JNOU W � '? aVOTJ H1f1NJl Q U Z r y I i � naa3avNla� O Q o 'o osoy �o OVO>J 3JN321MM 's g��.aouHEY!, �$ �I 2 uug� a'¢Z III - 3 NII m HI�� o.>< go 9H HN 9Y O MUMS, 5 0 aSe2 II lel ZO r 5 � uS � - - - JI � u azuu mrcmmm.ou ru�xmrc-„oo zl I _d33 I —_ _ _ _ — — — — —_ � Irl Z r y I i � < 3c I ,oa 1 mse 00 o JLs _ N o= Iy °� ,ono.�no,oaa.,aa��yA r 1, - Ply- Ilo lei d io by \ o IN 's g��.aouHEY!, �$ �I 2 uug� a'¢Z III - 3 NII m HI�� o.>< go 9H HN 9Y O MUMS, 5 0 aSe2 II lel ZO r 5 � uS � - - - JI � u azuu mrcmmm.ou ru�xmrc-„oo zl I _d33 I —_ _ _ _ — — — — —_