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Agenda 10-17-23The City of Boynton Beach City Commission Agenda Tuesday, October 17, 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 *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. etcwcey" to le, ME www.boynton-beach.org 1 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City 2 Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Maylee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call. Invocation by Pastor Bryce Hutson, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Mayor Penserga. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Information Items by members of the City Commission. City Commissioners to disclose any informational items to the public. 3. Announcements, Community and Special Events And Presentations A. Announcement of the Grand Opening Ceremony for the Dog Park at Jaycee Park. Announcement of the Grand Opening Ceremony for the Dog Park at Jaycee Park being hosted by the Recreation & Parks Department located at 2600 South Federal Highway, on Saturday, November 4, from 10 A.M. to Noon. This event is free and open to the public with food trucks, pet friendly vendors, raffle prizes and official opening of the new dog Park where dogs will be able to enjoy some off leash fun. For more information visit www.boynton-beach.org 3 B. Presentation of NFL Grassroots Grant Funds by Youth Enrichment Association for Academics and Athletics. Presentation of NFL Grassroots Grant Funds by Youth Enrichment Association for Academics and Athletics for the Ezell Hester Jr. Park Football Field Renovation project for the installation of synthetic turf. 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. Advisory Board Appointments. City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. 6. Consent Agenda A. Proposed Resolution No. R23-141- FPL Storm Resilience Easements - Various Locations. Authorize the Mayor to sign FPL easement forms for future connections/transformers for their upcoming storm resilience project, of undergrounding overhead lines at 4 different locations in the City. B. Proposed Resolution No. R23-142- Quantum Lake Villas West Apartment Community (Lot 52) Easement and Maintenance Agreement. Approve and authorize the Mayor to sign the proposed Easement and Maintenance Agreement between the City of Boynton Beach (Grantor) and Secured Holdings, Inc. (Grantee) to erect, construct, operate and maintain a PVC fence within the adjacent City owned property. Applicant: John G. Lyon, Olen. C. Proposed Resolution No. R23-143- Administrator of Record for Abandoned, Foreclosed, Vacant Properties. Authorize the City Manager to sign a revenue generating Agreement with Hera Property Registry, LLC of Melbourne, FL as a single source consultant for the registration and monitoring services based on the Request for Quote No. DEV23- 057R Administrator of Record for Abandoned, Foreclosed, Vacant Properties within the City. D. Proposed Resolution No. R23-144- Interlocal Agreement for Law Enforcement Services Between Palm Beach County and the City of Boynton Beach - Manatee Protection Conservation Program. Approve and authorize the City Manager to sign an interlocal agreement between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for law enforcement services in connection with administering the manatee protection conservation program. E. Proposed Resolution No. R23-145- WXEL Access Easement and Maintenance Agreement. 4 Approve and authorize the Mayor to sign the proposed Easement and Maintenance Agreement between the City of Boynton Beach (Grantor) and South Florida PBS, Inc. (Grantee) to plant and maintain a visual buffer provided within an approved landscaping plan within the adjacent City owned property. Applicant: Bradley Miller, Urban Design Studio. F. Partnership Landscaping, LLC- Blanket Increase. Approve an increase to the estimated expenditure with Partnership Landscaping, LLC from $74,200 to $94,480 for the extent of the contract piggybacking the City of Boca Raton bid #ITB -2022-007. G. ABM- Emergency Confirming Purchase Order. Approve a confirming purchase order in the amount of $95,929.58 to process payment for delinquent invoices from FY21/22. H. Proposed Resolution No. R23-146- Land Use Agreement - 3301 Quantum Parking Lot (2023 Pirate Fest). Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and 3301 Quantum Owner LLC for the 2023 Boynton Beach Pirate Fest event on Saturday, October 28 and Sunday, Oct 29 2023. Proposed Resolution No. R23-147- Land Use Agreement - 209 East Ocean Investors, LLC (2023 Boynton Beach Pirate Fest). Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and 209 East Ocean Investors, LLC for the 2023 Boynton Beach Pirate Fest event on Saturday, October 28 and Sunday, October 29, 2023. J. Proposed Resolution No. R23-148- Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of 115 N. Federal Highway, 409 Boynton Beach Blvd, 106 NE 3rd Avenue, and Cottage District site for the 2023 Boynton Beach Pirate Fest event. Approving and authorizing the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of 115 N. Federal Highway, 409 Boynton Beach Blvd, 106 NE 3rd Avenue, and Cottage District site for the 2023 Boynton Beach Pirate Fest event. K. Proposed Resolution No. R23-149- FY 2023 COPS Technology and Equipment Program (Congressionally Directed Spending). Authorize the Mayor and Chief of Police to sign all documents associated with the acceptance and grant agreement for the FY 2023 COPS Technology and Equipment Program subject to the approval of the City Attorney. L. Proposed Resolution No. R23-150- 2023 Edward Byrne Memorial Justice Assistance Grant Program (JAG) Approve and authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) for $48,192 subject to the approval of the City Attorney. M. Proposed Resolution No. R23-151- BJA FY 23 National Sexual Assault Kit Initiative. 5 Approve and authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the FY 2023 National Sexual Assault Kit Initiative for $113,178 subject to the approval of the City Attorney. N. Proposed Resolution No. R23-152- Sponsor agreement for the State Housing Initiatives and Partnership (SHIP) Rapid Re -housing Program with Vita Nova, Inc. Approve and authorize the Mayor to sign Sponsor agreement with Vita Nova, Inc. for the SHIP Rapid Re -housing Program. O. Proposed Resolution No. R23-153- Conveying City -owned property to the Boynton Beach Community Redevelopment Agency (BBCRA). Approve and authorize the Mayor to sign a Quit Claim Deed transferring the City of Boynton Beach property located at 1101 N. Federal Highway, Boynton Beach, FL to the Boynton Beach Community Redevelopment Agency (BBCRA). P. Proposed Resolution No. R23-154- Sale of Vacant Parcel Located at NW 7th Court. Approve and authorize the Mayor to sign a Purchase and Sale agreement between the City of Boynton Beach and Yoany Dulzaides Carvajal for the vacant parcel located at NW 7th Court. Q. State Forfeiture Donation - Law Enforcement Trust Fund. Approve donation of $7,500 from the State Forfeiture Funds to t he Bill Tome Foundation for Kids & Families. R. Proposed Resolution No. R23-155- Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 2, 2023, for the 52nd Annual Holiday Parade. Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 2, 2023, for the 52nd Annual Holiday Parade. S. Commission Meeting Minutes. Approve minutes from the September 12, 2023 CRA/City Commission Joint Meeting, and the September 14, 2023 and September 27, 2023 City Commission Meetings. 7. Consent Bids and Purchases over $100,000 A. Approve Purchase Order for the design of Pioneer Canal Park Boat Ramp and Dock Improvements. Approve and Award Alexis Knight Architects as the next pre qualified vendor for the Pioneer Canal Park Boat Ramp and Dock Improvements (Bid # UT -2E-07) in the amount of $104,135. B. Emergency Vehicle Purchase- Sunbelt Waste Equipment for Solid Waste. Approve an emergency purchase of $258,625 for the purchase of a 2023 Freightliner Rear Loader from Sunbelt Waste Equipment. C. GovermentJobs.com d/b/a NEOGOV Purchase Order Increase. Approve an increase to the GovermentJobs.com d/b/a NEOGOV for a total amount 0 not to exceed $131,000 for the City's HR Software which supports the organization through the entire employee lifecycle, automating applicant tracking, onboarding, training, performance, form and policy management, and a Govern mentJobs.com subscription. D. Bid Extensions and Piggy -Back Over $100,000. Approve the one-year extension for RFPs/RFQs/Bids and/or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for October 17, 2023 - "Request for Extensions and/or Piggy -backs." 8. Public Hearina 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Mint Eco Wash Conditional Use (COUS 23-001) and New Major Site Plan (NWSP 23-001). Approve request for Conditional Use and New Major Site Plan (COUS 23-001 / NWSP 23-001) for Mint Eco Wash, to allow a new 4,414 square foot car wash, covered detail/ working areas, covered vacuum areas, and associated site improvements, on a a 1.37 acre parcel, located at 2250 W. Woolbright Road, in the C3 (Community Commercial) zoning district. Applicant: Josh Nichols, Schmidt Nichols. 9. City Manager's Report 10. Unfinished Business 11. New Business A. Discussion regarding a parks and public safety bond referendum for upcoming March 19, 2024 Election. Presentation to discuss and provide staff direction on the parks system master plan's recommendation to pursue a parks bond and public safety bond referendum for upcoming March 19, 2024 election. B. Conduct annual performance evaluation of the City Manager. Pursuant to the City Manager's appointment agreement, the City Commission will provide the City Manager with a performance evaluation no less than annually. This will be Mr. Dugger's first performance evaluation and his current base salary is $205,000. 12. Legal 13. Future Agenda Items A. Presentation regarding fleet management, due to the concerns with the auto strike, and the possible reduction in products - November 7, 2023 7 Requested by Commissioner Kelley. B. Report regarding sewer spill into intracoastal waterway - November 7, 2023 Requested by Mayor Penserga. C. Presentation by Utilities Department on project to review existing utility infrastructure, development of risk matrix, and prioritization of repairs and/or replacement projects - November 7, 2023 Requested by Commissioner Cruz. D. Discussion regarding regulations to support local businesses.- November 21, 2023 Discussion requested by Commissioner Cruz. E. Provide update on grant funded projects in the Capital Improvement Plan - November 21, 2023 Requested by Commissioner Cruz. F. Adoption of Local Rules of Procedure and Quasi -Judicial Rules pertaining to all official meetings of the City Commission of Boynton Beach - November 21, 2023 Requested by Mayor Penserga G. Discussion regarding annexation options and procedures. — December 5, 2023 Requested by Commissioner Hay. H. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 Discussion requested by Commissioner Hay. I. 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 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an 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 3.A Announcements, Community and Special Events And Presentations 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Announcement of the Grand Opening Ceremony for the Dog Park at Jaycee Park. Requested Action: Announcement of the Grand Opening Ceremony for the Dog Park at Jaycee Park being hosted by the Recreation & Parks Department located at 2600 South Federal Highway, on Saturday, November 4, from 10 A.M. to Noon. This event is free and open to the public with food trucks, pet friendly vendors, raffle prizes and official opening of the new dog Park where dogs will be able to enjoy some off leash fun. For more information visit www.boynton-beach.org Explanation of Request: Announcement of the Grand Opening Ceremony for the Dog Park at Jaycee Park being held on Saturday November 4, from 10 A.M. to Noon at Jaycee Park located at 2600 South Federal Highway. How will this affect city programs or services? Support Services provided by the Public Works Department, Marketing Department, and Events Division. Fiscal Impact: Funding for this event will be provided by the Recreation & Parks Department Program Revenue Fund to promote Parks in Boynton Beach. Attachments: Jaycee Park Postcard (1).png 0 At"tt'VITUS., Spookpm Pet Foo"moly v04,40ov's Ne y' and mor*f, Grand, OpeI�� ning JAYCEE 00, G PARK Sorturday, illoveRibew 4. MOO AM - 12:00 PM 10 Meeting Date: 10/17/2023 Presentation of NFL Grassroots Grant Funds by Youth Enrichment Association for Academics and Athletics. Requested Action: Presentation of NFL Grassroots Grant Funds by Youth Enrichment Association for Academics and Athletics for the Ezell Hester Jr. Park Football Field Renovation project for the installation of synthetic turf. Explanation of Request: Youth Enrichment Association for Academics and Athletics (YEAAA) was awarded the NFL Grassroots Grant funded by Local Initiatives Support Corporation (LISC), Miami Dolphins, and NFL Foundation in the amount of $250,000 to support the Ezell Hester Jr. Park Football Field Renovation project to install synthetic turf. This project will support the Boynton Beach Bulldogs youth tackle football and cheerleading program along with other Recreation & Parks Department programs in the City of Boynton Beach. How will this affect city programs or services? The NFL Grassroots Grant funds will support the completion of the Ezell Hester Jr. Park Football Field Renovation project. Fiscal Impact: NFL Grassroot Grant will provide $250,000 funding to support the Ezell Hester Jr. Park Football Field Renovation project. 11 5.A Administrative 10/17/2023 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: The City Clerk's Office has received applications from 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_10-17-23.docx Rahman, Shayaan - Recreation & Parks Board.pdf 12 Advisory Board Vacancies October 17, 2023 Building Board of Adjustment and Appeals Regular member 2 (2 year) terms Library Board Alternate Member 2 (1 year) terms Regular member 2 (2 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 Education and Youth Advisory Board Regular member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms II Hay IV Kelley I Cruz Applicants: None Regular Regular Student Library Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Turkin Regular I Cruz Alternate II Hay Alternate Applicants: None Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Regular II Hay Regular IV Kelley Alternate Applicant: Shayaan Rahman Applied 10/05/23 Senior Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular Applicants: None 13 Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: shayaanc2l <noreply@123formbuilder.com> Sent: Thursday, October 5, 2023 11:33 AM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 10/05/2023 Name Shayaan Rahman Phone number 561-699-7191 Address 12560 Colony Preserve Drive Boynton Beach FL 33436 United States Email shayaanc2l@gmail.com Current occupation or, if Realtor at Century 21 Tenace Realty retired, prior occupation Education Some college (currently enrolled at the University of Florida) 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? 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 Recreation & Parks Board If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? i 14 Personal Qualifications I have taken geography courses for over 3 years and have had experience with meeting and discussing ideas with salaried commissioners and planners of the city of Delray Beach. I am also a licensed real estate agent, and I work out of Century 21 Tenace Realty's office in Boynton Beach. I also reside in Boynton Beach. Additionally, I have experience with analyzing and determining the effect of sustainability of different sectors of an urban area, as I wrote a 4,000 -word research paper depicting the impacts and efforts that NYC has made towards sustainability in transportation, infrastructure, and natural sectors. I want to incorporate the knowledge from this experience into planning decisions. Professional Memberships National Association of Realtors (NAR) BeachesMLS (Broward, Palm Beaches & St. Lucie Realtors) FloridaRealtors Feel free to attach/upload an extra sheet or resume. 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 a board. The message has been sent from 50.192.136.218 (United States) at 2023-10-05 10:32:41 on Safari 16.6 Entry ID: 660 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application 15 6.A Consent Agenda 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Proposed Resolution No. R23-141- FPL Storm Resilience Easements -Various Locations. Requested Action: Authorize the Mayor to sign FPL easement forms for future connections/transformers for their upcoming storm resilience project, of undergrounding overhead lines at 4 different locations in the City. Explanation of Request: As part of the storm resilience project that FPL has upcoming to underground overhead lines, FPL is requesting (4) easements for future connections/transformers. It is necessary to execute and record easements with FPL for them to complete their resilience project. Attached is a copy of the FPL easement forms and a sketch and legal description for each location (Exhibits "Al & A2", "B1 & 132", "Cl & C2", and "D1 & D2"). The locations/easements are as follows: Exhibit A - Harvey Oyer Park • A 594' x 10' easement, spanning from N Federal Hwy to an existing light pole, to underground their lines located on the south side of Harvey Oyer Park. Exhibit B - Lake Street • An approximate 30' x 25' easement, located next to an existing lift station on the south side of Lake Street, for future transformers. Exhibit C - Betty Thomas Park • A 10' x 20' easement, located within Betty Thomas Park for future transformers to serve future underground lines. The easement/transformers will be located in a small landscape area. Exhibit D - Forest Hills Park • A 10' x 75' Easement, connecting to FPLs existing easement on the south side of Forest Hills Park. This easement will be for future underground lines that FPL will install in this area. How will this affect city programs or services? With more lines underground, the affected 16 neighborhoods will have better resilience to power outages. There are no affects to any City Programs. Fiscal Impact: There are no costs associated with the approval of the easements. Attachments: R23-141 Resolution approving FPL Easements (various locations) Exhibit Al - Sketch and Legal.pdf Exhibit A2 - FPL Easement Form.pdf Exhibit B2 - FPL Easement Form.pdf Exhibit B1 - Sketch and Legal.pdf Exhibit C2 - FPL Easement Form.pdf Exhibit C1 - Sketch and Legal.pdf Exhibit D1 - Sketch and Legal.pdf Exhibit D2 - FPL Easement Form.pdf 17 1 RESOLUTION NO. R23-141 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FLORIDA 5 POWER & LIGHT COMPANY EASEMENT AGREEMENTS FOR FUTURE 6 CONNECTIONS/TRANSFORMERS FOR THEIR UPCOMING STORM 7 RESILIENCE PROJECT OF UNDERGROUNDING OVERHEAD LINES AT 8 HARVEY E. OYER JR PARK, LAKE STREET, BETTY THOMAS PARK AND 9 FOREST HILLS PARK; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, as part of the storm resilience project that Florida Power & Light (FPL) 12 has upcoming to underground overhead lines, FPL is requesting (4) easements for future 13 connections/transformers; and 14 WHEREAS, the Easement locations are at Harvey E. Oyer Jr. Park; Lake Street; Betty 15 Thomas Park; and Forest Hills Park, and 16 WHEREAS, with more lines underground, the affected neighborhoods will have 17 better resilience to power outages; and 18 WHEREAS, the City Commission, upon recommendation of staff, deems it in the 19 best interest of the citizens and resident to approve and authorize the Mayor to sign the 20 FPL easements for future connections/transformers for upcoming storm resilience project 21 of undergrounding overhead lines at Harvey E. OyerJr. Park, Lake Street, Betty Thomas Park 22 and Forest Hills Park. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 24 OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. S:ACA\RESO\FPL Easements (Various Locations) - Reso.Docx 18 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Easements listed below and authorizes the Mayor to sign the FPL easement agreements for future connections/transformers for upcoming storm resilience project of undergrounding overhead lines as follows: A. Harvey Oyer Park. A 594' x 10' easement, spanning from N Federal Hwy to an existing light pole, to underground their lines located on the south side of Harvey Oyer Park, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". B. Lake Street. An approximate 30' x 25' easement, located next to an existing lift station on the south side of Lake Street, for future transformers, a copy of which is attached hereto and incorporated herein by reference as Exhibit "B". C. Betty Thomas Park. A 10' x 20' easement, located within Betty Thomas Park for future transformers to serve future underground lines. The easement/transformers will be located in a small landscape area, a copy of which is attached hereto and incorporated herein by reference as Exhibit "C". D. Forest Hills Park. A 10' x 75' Easement, connecting to FPLs existing easement on the south side of Forest Hills Park a copy of which is attached hereto and incorporated herein by reference as Exhibit "D". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 17th day of October, 2023 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner — Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley S:ACA\RESO\FPL Easements (Various Locations) - Reso.Docx VOTE YES NO 19 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\FPL Easements (Various Locations) - Reso.Docx Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney 20 N W E '�I; S 0 100' 1 INCH = 100 FEET THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1" = 100' LEGEND SKETCH AND DESCRIPTION THIS IS NOT A SURVEY S 89°24'36" E 52.03' CFN 19910203152 S 00°35'24" W 50.95' 3 S 89°24'36" E N.D.D. (C) 2 C9 2c co Q - W - - - -- w - - - -- w — — — —— w — — — —— w — — — �\----- w — —— m 0 W Z— SAN — SAN — SAN — SAN — SAN w uw Z(0:9 LL b Q PCN % ti cov m 08-43-45-15-03-000-0102 y P Z 0 CID OI z (C) =CALCULATED CFN = CLERK FILE NUMBER LAT: = LATITUDE LB = LICENSED BUSINESS LONG: = LONGITUDE LS = LICENSED SURVEYOR LTD. = LIMITED N.D.D. = NO DEEDED DISTANCE 594.00' NO. =NUMBER PCN = PARCEL CONTROL NUMBER PG. =PAGE R/W = RIGHT-OF-WAY EASEMENT — w — = WATER LINE — SAN — = SANITARY SEWER LINE SURVEYOR'S NOTES: EASEMENT LAT: N026°32'45.7" LONG: W080°03'22.8" N 89°08'00" W N.D.D. 0 0 0 0 M r CFN CFN CFN CFN 201103143571 202 0104662 1 202 0212089 1199 04 9930 1. PRINTED VERSIONS OF THIS DOCUMENT ARE NOT VALID AND THE SIGNATURE MUST BE VERIFIED ON ALL ELECTRONIC COPIES. 2. OTHER MATTERS OF RECORD AFFECTING LANDS SHOWN HEREON MAY BE FOUND IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 3. THE BASIS OF BEARING IS THE WESTERLY PROPERTY LINE OF THE PARCEL AS DESCRIBED BELOW, HAVING AN ASSUMED BEARING OF N 08°12'00" E. 4. NO FIELDWORK WAS PERFORMED. 5. LATITUDE AND LONGITUDE ARE FOR RELATIVE LOCATION AND ARE NOT FOR CONSTRUCTION PURPOSES. 6. WATER AND SANITARY LINES BASED ON CITY OF BOYNTON GIS INFORMATION. LEGAL DESCRIPTION: THE NORTHERLY 10.00' OF THE SOUTHERLY 30.00' OF THE WESTERLY 594.00' OF THE PARCEL AS DESCRIBED AND RECORDED AS PARCEL CONTROL NUMBER 08-43-45-15-03-000-0102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING IN SECTION 15, TOWNSHIP 45 SOUTH, RANGE 43 EAST. ADDRFSS- 2010 NORTH FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA Bowman - Bowman Consulting Group, Ltd., Inc. Phone: (772) 249-0733 10815 S.W. Tradition Square Port St. Lucie, FL 34987 www.bowmanconsulting.com © Bowman Consulting Group, Ltd. PALM BEACH COUNTY PROJECT NO. 100207-01-026 EXISTING EASEMENTS: 0 Professional Surveyors and Mappers, Certificate NO. LB -8030 I CADD FILE: EXHIBIT 51 1 WR NO. 12059752 — PIKE FPL EAST 2023 — QUANTUM\SURWY\TASK 9 QUANTUM 9 #752\SURVEY\0 SURVEYOR'S CERTIFICATION: \s" — SAN — SAN �\ I I I I c� � Lf) I 00 0 z 0 vow I o= 0 0 N '� I L0 oo z II I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN ACCORDANCE WITH THE "STANDARDS OF PRACTICE" FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. �Digital1ly signed by Birioinl D Brion Yancy Y,n, Date-. 2023.09,21 14:47-113 -04'001" BRION D. YANCY DATE OF SIGNATURE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 7162 NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL OR ELECTRONIC SIGNATURE BY THE SIGNING PROFESSIONAL SURVEYOR AND MAPPER. EXHIBIT "A" FLORIDA POWER AND LIGHT EASEMENT FlLE: V:\100207 — PIKE—FPL\100207-01-026 FLORIDA DATE:Sep. 21, 2023 SCALE: 1' = 100' I SHEET: 1 OF 1 XHIBIT 51 2 Name I QUANTUM 9 Does the Esmt Area Flood? Y or IN Avg Flood depth: Owner accepts 16"h Transformer Pad Y our II Owner Approved Vegetation Removal? Y or IN Type of Plants: Notch Fence for Transformer Placement? Y or IN Fencing Material: Transformer Location/Easement Size: Additional Notes/Comments: Owner Signature: Date: 22 SEC 15 TWP 45S RGE 43E Parcel I.D. 08-43-45-15-03-000-0102 (Maintained by County Appraiser) UNDERGROUND EASEMENT (BUSINESS) This Instrument Prepared By Name: Katie Hudson, Project Manager Co. Name: Bowman Consulting Group, Address: 301 SE Ocean Blvd, Suite 301 Stuart, FL 34994 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment and appurtenant above -ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leanin or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20 . Signed, sealed and delivered in the presence of: lW 11010W� Print Name: STATE OF COUNTY OF (Witness' Signature) (Witness) (Witness' Signature) (Witness) CITY OF BOYNTON BEACH By. ... ................. _........... Print Name: Print Address: PO BOX 310 By: Print Name: Print Address: BOYNTON BEACH FL 33425 The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this by (Date) and [ ] who is (are) personally known to me or [ ] has (have) produced, as identification or who did (did not) take an oath. (Type of Identification) My Commission Expires: ID 51 Notary Public, Signature Print Name Page of 23 Work Request No. 12059752 SEC 15 TWP 45S RGE 43E Parcel I.D. 08-43-45-15-12-001-0000 (Maintained by County Appraiser) UNDERGROUND EASEMENT (BUSINESS) This Instrument Prepared By Name: Katie Hudson, Project Manager Co. Name: nld, up Address: 301 SE Ocean Suite 301 Stuart, FL 34994 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment and appurtenant above -ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit °A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of in and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaningor dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems ocommunications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on Signed, sealed and delivered in the presence of: Print Name: 10MMN1� i STATE OF COUNTY OF (Witness' Signature) - {Witness) ............. (Witness' Signature) (Witness) - CITY OF BOYNTON BEACH Print Address: PO BOX 310 By: Print Name: Print Address: BOYNTON_BEACH FL 33425 20 The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this „ by (Date) and produced, (Type of Identification) My Commission Expires.- ID xpires: ID 47 [ ] who is (are) personally known to me or [ ] has (have) as identification or who did (did not) take an oath. Notary Public, Signature Print Name Page of 24 N W E N" ,� m' S 0 50' i�i►[�:iiii�+�ijyDiDYi THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1" = 50' LEGEND LAT: = LATITUDE LB = LICENSED BUSINESS LONG: = LONGITUDE LS = LICENSED SURVEYOR LTD. = LIMITED NO. =NUMBER O.R.B. = OFFICIAL RECORDS BOOK P.B. = PLAT BOOK PCN = PARCEL CONTROL NUMBER PG. =PAGE R/W = RIGHT-OF-WAY ® =EASEMENT — w — =WATER LINE = SANITARY SEWER LINE SURVEYOR'S NOTES: SKETCH AND DESCRIPTION THIS IS NOT A SURVEY --- W - - SAN - SAN I SAN N 07°37'00" ET' 25.22' 3 I� I c co i I w �� I wUja I w —Z� w IwQM I X LU z I O d CFN 19980180182 EASEMENT LAT: N026°32'40.7" LONG: W080°03'20.3" 13 W ------ W ----- W - - < - I C) 0 - SAN SAN y SAN - SAN S 89°58'00" E 460.33' e= — SAN TRACT A, 107.00' P.B. 39, PG. 135 30.00 '' 10.00' o, r EASEMENT LAT: N026°32'40.6" LONG: W080°03'16.4" LAKE STREET (R/VV VARIES) SAN - SAN PCN N 89°58'00" W 463.33' 08-43-45-15- ROAD, INGRESS/ EGRESS 12-005-0000 DRAINAGE AND UTILITY EASEMENT 1. PRINTED VERSIONS OF THIS DOCUMENT ARE NOT VALID AND THE SIGNATURE MUST BE VERIFIED ON ALL ELECTRONIC COPIES. 2. OTHER MATTERS OF RECORD AFFECTING LANDS SHOWN HEREON MAY BE FOUND IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 3. THE BASIS OF BEARING IS THE SOUTHERLY PROPERTY LINE OF THE PARCEL AS DESCRIBED BELOW, HAVING AN ASSUMED BEARING OF N 89°58'00" W. 4. NO FIELDWORK WAS PERFORMED. 5. LATITUDE AND LONGITUDE ARE FOR RELATIVE LOCATION AND ARE NOT FOR CONSTRUCTION PURPOSES. 6. WATER AND SANITARY LINES BASED ON CITY OF BOYNTON GIS INFORMATION. LEGAL DESCRIPTION: THE WESTERLY 10.00' TOGETHER WITH THE WESTERLY 10.00 OF THE EASTERLY 87.00' TOGETHER WITH THE WESTERLY 20.00' OF THE EASTERLY 107.00' OF THE NORTHERLY 10.00' OF TRACT A, VIA LAGO, PLAT NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, PAGE 135 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING IN SECTION 15, TOWNSHIP 45 SOUTH, RANGE 43 EAST. ADDRESS: UNADDRESSED VIA LAGO, BOYNTON BEACH, FLORIDA Bowman - Bowman Consulting Group, Ltd., Inc. Phone: (772) 249-0733 10815 S.W. Tradition Square Port St. Lucie, FL 34987 www.bowmanconsulting.com © Bowman Consulting Group, Ltd. PALM BEACH COUNTY PROJECT NO. 100207-01-026 EXIS11N0 EASEMENTS: 0 Professional Surveyors and Mappers, Certificate NO. LB -8030 I CADD FILE: EXHIBIT 47 1 WR NO. 12059752 — PIKE FPL EAST 2023 — QUANTUM\SURWY\TASK 9 QUANTUM 9 #752\SURVEY\0 VIA LAGO CONDOMINIUM O.R.B. 33377, PG. 782 i = O o O L' U N DRAINAGE \ EASEMENT \ TRACT G, P.B. 39, \PG. 135 y \ SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN ACCORDANCE WITH THE "STANDARDS OF PRACTICE" FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTES. Digitally signed by Brie D anc Brion D li �/� a n c Date:2023,09,21 14:46:45 04'00' BRION D. YANCY DATE OF SIGNATURE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 7162 NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL OR ELECTRONIC SIGNATURE BY THE SIGNING PROFESSIONAL SURVEYOR AND MAPPER. EXHIBIT "A" FLORIDA POWER AND LIGHT EASEMENT FlLE: V:\100207 — PIKE—FPL\100207-01-026 FLORIDA DATE:Sep. 21, 2023 SCALE: 1' = 50' 1 SHEET: 1 OF 1 25 XHIBIT 47 Name I QUANTUM 9 Does the Esmt Area Flood? Y or IN Avg Flood depth:. Owner accepts 16"h Transformer Pad Y or N Owner Approved Vegetation Removal? Y or IN Type of Plants: Notch Fence for Transformer Placement? Y or IN Fencing Material: Transformer Location/Easement Size: Additional Notes/Comments: Owner Signature: Date: 26 BY4111*si;jlt. SEC 33 TWP 45S RGE 43E Parcel I.D. 08-43-45-33-14-000-0245 (Maintained by County Appraiser) UNDERGROUND EASEMENT (BUSINESS) This Instrument Prepared By Name: Katie Hudson, Project Manager Co. Name: Bowman Consulting Grou1v, Address: 301 SE Ocean Blvd, Suite 301 Stuart, FL 34994 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment and appurtenant above -ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on Signed, sealed and delivered in the presence of: Print Name: Print Name: STATE OF COUNTY OF (Witness' Signature) Wtness) (Witness' Signature) (Witness) ............ r. CITY OF BOYNTON BEACH FLORIDA A FLORIDA MUNICIPAL CORPORATION By: Print Name: DAN DUGGER CITY MANAGER Print Address: 100E OCEAN AVE By: Print Name: Print Address: BOYNTON BEACH FL 33435 The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this by (Date) and [ ] who is (are) personally known to me or [ ] has (have) produced as identification or who did (did not) take an oath. (Type of Identification) My Commission Expires: ID 141 Notary Public, Signature Print Name Page of 27 N W E S 0 50' ��i1►c�i:�Yi7iy�I�YrI THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1" = 50' LEGEND CFN = CLERK FILE NUMBER LB = LICENSED BUSINESS LS = LICENSED SURVEYOR LAT: = LATITUDE LONG: = LONGITUDE LTD. = LIMITED NO. =NUMBER P.B. = PLAT BOOK PG. =PAGE SKETCH AND DESCRIPTION THIS IS NOT A SURVEY LOT 1, P.B. 102, r I PG. 25 � S81° E 1 � 04'33" 50.00' r \SAN - SAN S4�! SAI{ I r I r \W-- �W r � I r Z�` j (00, o r „ z r r R/W = RIGHT-OF-WAY I ® =EASEMENT w — =WATERLINE 7� SANITARY SEWER LINE T I r � r SURVEYOR'S NOTES: 1. PRINTED VERSIONS OF THIS DOCUMENT ARE NOT VALID AND THE SIGNATURE MUST BE VERIFIED ON ALL ELECTRONIC COPIES. 2. OTHER MATTERS OF RECORD AFFECTING LANDS SHOWN HEREON MAY BE FOUND IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 3. THE BASIS OF BEARING IS THE SOUTHERLY PROPERTY LINE OF THE PARCEL AS DESCRIBED BELOW, HAVING AN ASSUMED BEARING OF WEST. 4. NO FIELD WORK WAS PERFORMED. 5. LATITUDE AND LONGITUDE ARE FOR RELATIVE LOCATION AND ARE NOT FOR CONSTRUCTION PURPOSES. 6. WATER AND SANITARY LINES BASED ON CITY OF BOYNTON GIS INFORMATION. LEGAL DESCRIPTION: THE NORTHERLY 20.00' OF THE SOUTHERLY 440' OF THE WESTERLY 10.00' OF THE PARCEL AS DESCRIBED AND RECORDED AS CLERK FILE NUMBER 20010427183 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING IN SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST. ADDRFSS- 2882 SOUTHEAST 2ND STREET, BOYNTON BEACH, FLORIDA Bowman - Bowman Consulting Group, Ltd., Inc. Phone: (772) 249-0733 10815 S.W. Tradition Square Port St. Lucie, FL 34987 www.bowmanconsulting.com © Bowman Consulting Group, Ltd. PALM BEACH COUNTY PROJECT NO. 100207-01-032 EXISTING EASEMENTS: No Professional Surveyors and Mappers, Certificate NO. LB -8030 I CADD FILE: EXHIBIT 141 1 WR NO. 12063916 – PIKE FPL EAST 2023 – GOLF 33\SURVEY\TASK 4 GOLF 33-4 #916\SURVEY\GIS\ CFN 10.00' 20010427183 EASEMENT LAT: N026°30'04.8" LONG: W080°03'52.5" WEST 151.83' BEARING BASIS LOT 1, P.B. 38, PG. 78 SURVEYOR'S CERTIFICATION: M I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN ACCORDANCE WITH THE "STANDARDS OF PRACTICE" FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTES. Digitally signed by Brion D Brion D Yancy Yancy Date: 202 3.0g.2 1 15:04:08 -04''O0' BRION D. YANCY DATE OF SIGNATURE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 7162 NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL OR ELECTRONIC SIGNATURE BY THE SIGNING PROFESSIONAL SURVEYOR AND MAPPER. EXHIBIT "A" FLORIDA POWER AND LIGHT EASEMENT FlLE: V:\100207 – PIKE–FPL\100207-01-032 FLORIDA DATE:Sep. 21, 2023 SCALE: 1" = 50' SHEET: 1 OF 1 28 ABIT 141 SKETCH EXHIBIT A Does the Esmt Area Flood? Y or IN Ave Flood depth: Owner accepts 16"h TX pad Y or Owner Approved Vegetation Removal? Y oir It l Type of Plants: Notch Fence for TX Placement? Y or IIS Fencing Material: TX Location/Esmt Size: Additional Notes/Comments: Date: 29 i�i►[�:iiiil3+�ijyDiDYi THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1" = 50' LEGEND CFN = CLERK FILE NUMBER LB = LICENSED BUSINESS LS = LICENSED SURVEYOR LAT: ary LONG: = LONGITUDE O = LIMITED NO. z P.B. 0 PG. 50' i�i►[�:iiiil3+�ijyDiDYi THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1" = 50' LEGEND CFN = CLERK FILE NUMBER LB = LICENSED BUSINESS LS = LICENSED SURVEYOR LAT: = LATITUDE LONG: = LONGITUDE LTD. = LIMITED NO. =NUMBER P.B. = PLAT BOOK PG. =PAGE R/W = RIGHT-OF-WAY U. E. = UTILITY EASEMENT ® =EASEMENT — SAN — = SANITARY SEWER SURVEYOR'S NOTES: SKETCH AND DESCRIPTION THIS IS NOT A SURVEY Q CFN 19850089982 EASEMENT LAT: N026°30'13.0" LONG: W080°04'32.5" 82.00' S 89°47'01" W 428.49' 75.00' — — BEARINGBASIS------ ---- o 6 o LOT 10, LOT 9, LOT 11, BLOCK 7, BLOCK 7, BLOCK 7, P.B. 25, P.B. 25, P.B. 25, PG. 57 PG. 57 � PG. 57 LOT 6, BLOCK 7, P.B. 25, PG. 57 LOT 8, BLOCK 7, P.B. 25, PG. 57 — SAN — SAN — SAN — sAn - SAN SAN - SAN - SAN SAN SAN SAN SAN SAN - SAN - SAN - SAN SOUTHWEST 27TH AVENUE (50' R/W) 1. PRINTED VERSIONS OF THIS DOCUMENT ARE NOT VALID AND THE SIGNATURE MUST BE VERIFIED ON ALL ELECTRONIC COPIES. 2. OTHER MATTERS OF RECORD AFFECTING LANDS SHOWN HEREON MAY BE FOUND IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 3. THE BASIS OF BEARING IS THE SOUTHERLY PROPERTY LINE OF THE PARCEL AS DESCRIBED BELOW, HAVING AN ASSUMED BEARING OF S 89°47'01" W. 4. NO FIELD WORK WAS PERFORMED. 5. LATITUDE AND LONGITUDE ARE FOR RELATIVE LOCATION AND ARE NOT FOR CONSTRUCTION PURPOSES. 6. ALL RADII ARE 25' UNLESS OTHERWISE NOTED. 7. SANITARY LINES BASED ON CITY OF BOYNTON GIS INFORMATION. LEGAL DESCRIPTION: THE SOUTHERLY 10.00' OF THE WESTERLY 75.00' OF THE EASTERLY 82.00' OF THE PARCEL AS DESCRIBED AND RECORDED AS CLERK FILE NUMBER 19850089982 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING IN SECTION 32, TOWNSHIP 45 SOUTH, RANGE 43 EAST. ADDRFSS- 2500 SOUTHWEST 8TH STREET, BOYNTON BEACH, FLORIDA Bowman - Bowman Consulting Group, Ltd., Inc. Phone: (772) 249-0733 10815 S.W. Tradition Square Port St. Lucie, FL 34987 www.bowmanconsulting.com © Bowman Consulting Group, Ltd. PALM BEACH COUNTY PROJECT NO. 100207-01-032 EXISTING EASEMENTS: YES#1 Professional Surveyors and Mappers, Certificate NO. LB -8030 I CADD FILE: EXHIBIT 105 1 WR NO. 12063908 1 SCALE: 1' _ — PIKE FPL EAST 2023 — GOLF 33\SURVEY\TASK 3 GOLF 33-3 #908\SURVEY\GIS\EXHIBIT 105 SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN ACCORDANCE WITH THE "STANDARDS OF PRACTICE" FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTES. gNr<ally/ sIgned t,,vy Brion U Yancy I O T ao� Date, 2023.09.,E 1 14,5033 �{ BRION D. YANCY DATE OF SIGNATURE PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 7162 NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL OR ELECTRONIC SIGNATURE BY THE SIGNING PROFESSIONAL SURVEYOR AND MAPPER. EXHIBIT "A" FLORIDA POWER AND LIGHT EASEMENT FlLE: V:\100207 — PIKE—FPL\100207-01-032 FLORIDA DATE:Sep. 21, 2023 SHEET: 1 OF 1 30 _ .- .. _..,-. .-....... ...:.......................... � �... Project Name GOLF 33 - 3 WR# 12063908 Bo wman BC. ........ G ID P105 .......................... _.......,,,,,,,,,..............._ C 0 N 5 U L T! N G Pro Pert Address 2500 SW 8TH ST SKETCH EXHIBIT A � I:� r:n" 45 J FPL 0:397672853 A65 KS 6-8007-4292-0-3 kl'° 1-5" i_G + �I�Rl) 30' 011e E QUA[) 6-8007-4394 0-3 A 100001-") ;) ()0()()"'''-'1 FS 25,6 FPL 0, Does the Esmt Area Flood? Y or, IN Ave Flood depth: Owner accepts 16"h TX pad Y oir IIS Owner Approved Vegetation Removal? Y �:: r lN Type of Plants: Notch Fence for TX Placement? Y or IN Fencing Material: TX Location/Esmt Size: Additional Notes/Comments: Owner Signature: Date: 31 f SKETCH EXHIBIT A � I:� r:n" 45 J FPL 0:397672853 A65 KS 6-8007-4292-0-3 kl'° 1-5" i_G + �I�Rl) 30' 011e E QUA[) 6-8007-4394 0-3 A 100001-") ;) ()0()()"'''-'1 FS 25,6 FPL 0, Does the Esmt Area Flood? Y or, IN Ave Flood depth: Owner accepts 16"h TX pad Y oir IIS Owner Approved Vegetation Removal? Y �:: r lN Type of Plants: Notch Fence for TX Placement? Y or IN Fencing Material: TX Location/Esmt Size: Additional Notes/Comments: Owner Signature: Date: 31 Work Request No. 12063908 SEC 32 TWP 45S RGE 43E Parcel I. D. 08-43-45-32-01-001-0070 (Maintained by County Appraiser) UNDERGROUND EASEMENT (BUSINESS) This Instrument Prepared By Name: Katie Hudson, Project Manager Co. Name: Bowman Consulting Group Address: 301 SE Ocean Blvd, Suite 301 Stuart, FL 34994 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment and appurtenant above -ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: See CXnwit "A" ("casement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaningor dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems ocommunications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on _20 Signed, sealed and delivered in the presence of: THE CITY OF BOYNTON BEACH A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Print Name: Print Name: STATE OF COUNTY OF (Witness' Signature) (Witness) (Witness' Signature) (Witness) By: Print Name: TY PENSERGA. MAYOR Print Address: PO BOX 310 By: Print Name: Print Address: BOYNTON BEACH FL 33425 The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this by (Date) and [ ] who is (are) personally known to me or [ ] has (have) produced as identification or who did (did not) take an oath. (Type of Identification) My Commission Expires: ID 105 Notary Public, Signature Print Name Page of 32 W Consent Agenda 10/17/2023 Proposed Resolution No. R23-142- Quantum Lake Villas West Apartment Community (Lot 52) Easement and Maintenance Agreement. Requested Action: Approve and authorize the Mayor to sign the proposed Easement and Maintenance Agreement between the City of Boynton Beach (Grantor) and Secured Holdings, Inc. (Grantee) to erect, construct, operate and maintain a PVC fence within the adjacent City owned property. Applicant: John G. Lyon, Olen. Explanation of Request: The owner of the Quantum Lake Villas West apartment development (Secured Holdings, Inc.) is requesting approval of the proposed Easement and Maintenance Agreement (Exhibit C) in order to install a PVC fence within a 45 -foot wide segment (Maintenance Easement Area) of the adjacent city owned property (Exhibit A). The undeveloped property consists of a pond surrounded by overgrown vegetation (trees, shrubs, groundcover). According to the applicant, the agreement will allow for regular maintenance of the existing vegetation located within the proposed Maintenance Easement Area, as well as prevent illegal dumping. The agreement requires the applicant to maintain the City's property in a safe and secure manner. How will this affect city programs or services? N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: R23-142 Resolution approving Easement and Maintenance Agreement with Secured Holdings -_Reso.pdf Exhibit A - Location Map Exhibit B - Easement and Maintenance Agreement Cover Letter Exhibit C - Easement and Maintenance Agreement Exhibit D - Legal Sketch and Description 33 I RESOLUTION NO. R23-142 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE PROPOSED 4 EASEMENT AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH (GRANTOR) AND SECURED HOLDINGS, INC. 6 (GRANTEE) TO ERECT, CONSTRUCT, OPERATE AND MAINTAIN A PVC 7 FENCE WITHIN THE ADJACENT CITY OWNED PROPERTY; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the owner of the Quantum Lake Villas West apartment development, 11 Secured Holdings, Inc., is requesting approval of the proposed Easement and Maintenance 12 Agreement in order to install a PVC fence within a 45 -foot wide segment (Maintenance 13 Easement Area) of the adjacent city owned property; and 14 WHEREAS, the agreement will allow for regular maintenance of the existing 15 vegetation located within the proposed Maintenance Easement Area, as well as prevent illegal 16 dumping; and 17 WHEREAS, the Agreement requires the applicant to maintain the City's property in a 18 safe and secure manner; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 20 recommendation of staff, deems it to be in the best interests of the City residents to approve 21 and authorize the Mayor to sign the proposed Easement and Maintenance Agreement 22 between the City of Boynton Beach (Grantor) and Secured Holdings, Inc. (Grantee) to erect, 23 construct, operate and maintain a PVC fence within the adjacent City owned property. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. Each Whereas clause set forth above is true and correct and 27 incorporated herein by this reference. S:ACA\RESO\Agreements\Easement And Maintenance Agreement With Secured Holdings - Reso.Docx 34 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to sign the proposed Easement and Maintenance Agreement between the City of Boynton Beach (Grantor) and Secured Holdings, Inc. (Grantee) to erect, construct, operate and maintain a PVC fence within the adjacent City owned property. A copy of the Easement and Maintenance Agreement is attached hereto and incorporated herein by reference as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 17th day of October, 2023. ATTEST: Maylee Ue 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\Easement And Maintenance Agreement With Secured Holdings - Reso.Docx 35 36 September 7, 2023 RE: Proposed Maintenance Easement Agreement, Quantum Park Quantum Lake Villas West Apartment Community/Lot 52 2450 Quantum Lakes Drive, Boynton Beach, FL 33426 Secured Holdings Inc. is proposing and requesting a permanent maintenance easement along the South, and South -East boundary and property line of the Lot 52/Quantum Lake Villas West community, extending South to the waters edge, and to the Eastern boundary at Quantum Lakes Drive and to the West at Park Ridge Blvd. The purpose of this agreement will be to provide regular landscape maintenance to this secluded city owned Lake Bank and buffer located to the rear of Quantum Lake Villas West apartment buildings 2 & 3 This will work to prevent illegal dumping and provide regular cleaning of trash, debris and overgrown vegetation at no cost to the city. There are similar maintenance agreements in place at our Quantum Town Center property, and Quantum Lake Villas North property that have proved to be mutually successful over the years. A hold harmless waiver, and a detailed survey sketch and description of the area have been prepared for review and record. If you should have any questions, I am available to discuss via e-mail at jlyon(a-)/olen.com or by phone at (561) 531-1268. Secured Hoidinas Inc. Mid G. Lyon Director of Construction Florida Region 1062 Coral Ridge Drive * Coral Springs, FL 33071 (5 61) 531-1268 www.olenproperties.com 37 This instrument prepared by: David N. Tolces, Esq. Weiss Scrota flell"rnan Cole & Bierman, PL, 2255 Glades Fuad, Suite 200-E Boca Raton, F'L, 33431 AGREEMENTTHIS EASEMENT AND MAINTENANCE #l. this # and between CITY OF BOYNTON BEACH, FLORIDA,# Florida municipal corporation#O whose addressBox Beach, #, #i 33425, and SECURED HOLDINGS, INC., a Nevada corporation DBA Quantum Lake Villas West Apartments " " # !1 at * PeaceWay, Las Vegas,* # WITNESETH: WHEREAS, the GRANTOR owns certain parcels of real property located in Palm Beach County Florida, adjacent to the GRANTEE's real property, further described in Exhibit "A" Property"); ,., # !i orderWHEREAS, the GRANTOR will grant a non-exclusive permanent easement to the GRANTEE in for the GRANTEE !F construct, operate, I !Imaintain Ii fence rr.'. *n the property legally described in Exhibit 1111" (the "Easement Parcel"); and the GRANTEE agrees to maintain the Easement Parcel in a safe and secure manner; and, WHEREAS, e parties have concluded that achieve the purposes and goals set forthabove !" ! be aeasement the GRANTEE, of ! the Easement Parcel formaintenance 0 -all 011m, 1140, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 2. The GRANTOR hereby grants and conveys to the GRANTEE an easement for the purpose operating,and i i PVC fence within the Easement Parcel. GRANTEE hereby agrees to maintain the Easement Parcel, as set forth herein, For 1" 1, of this Agreement, the term "maintenance" shall include, the maintenance, repair and replacement of such parts and/or portions of said Easement Parcel as are deemed e necessary the .., GRANTOR. Notwithstanding the foregoing, the GRANTEE shall not make any material alterations to the Easement Parcel without first securing .., requisite consent • " which may be withheld in GRANTOR's sole and absolute discretion. 38 4. GRANTOR further agrees to sign any applications and documents reasonably necessary for ani, permits which the GRANTEE may reQuire to submit to any local, state, or federal agency in association with the establishment and maintenance of the Easement Parcel. GRANTEE a - - any, and all fees associated with obtainin&=4-Wtermits from any, local., state., or federal agency for the construction and maintenance of the PVC fence and maintenance of the Easement Parcel. 5. In the event the GRANTOR determines, in its sole and absolute discretion, that it is necessary to clear the Easement Parcel for access, maintenance, dredging, or any other related activities within the Easement Parcel, the GRANTOR shall give the GRANTEE thirty (30) calendar days written notice to remove the PVC fence and any other GRANTEE improvements on the Easement Parcel. In the event the GRANTEE does not remove the fence and anv im rovements Imam, IM 6. GRANTEE shall ensure that all of the GRANTOR'S property disturbed and used by GRANTEE pursuant to this Agreement is returned to its ornal conon by GRANTEE as of the date GRANTEE commenced I LT ZqVin a Iij acurit I, IT is 7 TIMM' with the rights granted to the GRANTEE pursuant hereto. In the event the GRANTEE fails to maintain the Easement Parcel after reasonable written notice to GRANTEE, the GRANTOR may choose to maintain the Easement Parcel and charge the GRANTEE for the work performed. Payments for said work shall be made by GRANTEE to GRANTOR within thirty (30) calendar days of receipt of invoice. 9. In the event of any litigation in connection with this Agreement, each party shall be responsible for its court costs and reasonable attorney's fees. Venue for any litigation filed in relation to this Agreement shall be filed in state court in Palm Beach County, Florida. MUM 40 Lt l.y: .._w_a_._w__w__..__ww rirl Name., ............... By: Print Name. STATE OF ............:.......................: ss COUNTY OF M 1 —.7 "A to], of INC., a Nevada etlo/Authorized Agent The foregoing instrument was acknowledged before me by means of 0 physical presence or online notarization, this ;' ay of ,2023 by John G. Lyon, as 11 Nevada Al M corporation. he is <' personally known"". to me or E�� produced dentificI' My commission expires- �,-fin . NOTARY PUBLIC, STATE OF,-fta My commission number is- w+1V,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Printed Name of Notary oell (Notary Seal) Ea•�eCHOLAS �Ye,VG�REYotary Gaublic • State of � FondaCom � ��ti"aarva. ��pvr�� a�g �. Y�)'� through Natflora"s 14otar� ASSM, Page 4 of 8 41 GRANTOR: CITY OF BOYNTON BEACH, a Florida municipal corporation Signed, sealed and delivered in the presence of- INUMOU-=1 A Loll 1i R. I WKIJ 0 VIA' I N kV4 N; I W, ly IN I HEREBY CERTIFY, that on I before me by means of online notarization, or _ physical presence, an officer duly authorized in the State and County aforesaid to take acknowledgments, Ty Penserga personally appeared as Mayor of the City of Boynton Beach on behalf of the City, and said person(s) either produced the following as identification .................... . . ........................................ . ....................................... — , or (_) are personally known to me. WITNESS my hand and official seal in the County and State as listed above, this day of '2023. MrITMOA 0106 42 43 Til I�II�. 44 EXHIBIT B M ■ � � 9'Ch££"Id'H0d'dH d IO[ 3A1 0 S�V'1: Wf1SNVfla OOSZ a g J'1'1 "1 0V11IA B NI VdN 01 Wfumvflo 5 + y o .. 3 6 VQINO'1.1 HJ f 0.�[ a .� DMI s�NV9mia WnyNVnn qs E e s a oNi`s�ma"loii aaan�Ns ,f ."U12 uu .4c CL IWUU KIM j r = 9i jM,/ f C ff % �x y{ x q 0, G a x � t w zI s. a 021tl �3�f10N �`Jd121 Nbdd (}I v $ m ` 1 4 z � m' w 1 I iv W K � e — ' �o § � a ease a a�➢ r: �� sa � � e a; aa = s� �� a a a a -n � H5 s n.. ... 45 EASEMENT AND MAINTENANCE AGREEMENT (THIS IS NOT A BOUNADRY SURVEY) PARCEL CONTROL NUMBER: 08434516290110000 SHEET NO. 1 OF 3 DESCRIPTION SKETCH FOR: PROPOSED 45' MAINTENANCE EASEMENT ALONG THE NORTH LINE OF TRACT K, QUANTUM PARK AT BOYNTON BEACH, PLAT BOOK 57, PAGE 189 PREPARED FOR: - OLEN DEVELOPMENT CORP/SECURED HOLDINGS INC. LEGAL DESCRIPTION: A PARCEL OF LAND LYING TRACT K, QUANTUM PARK AT BOYNTON BEACH, QUATUM PARK AT BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 57, PAGE 189, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 52, PLAT BOOK 57, PAGE 189,SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 88°50'39" EAST, A DISTANCE OF 270.00' TO A POINT; THENCE NORTH 28049'38" EAST, A DISTANCE OF 344.15 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF QUANTUM LAKES DRIVE, AS LAID OUT IN PLAT BOOK 57, PAGE 189, THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE, SAID CURVE HAVING A RADIUS OF 600.00 FEET, FOR A DISTANCE OF 45.04' FEET TO A POINT; THENCE RUN SOUTH 28049'38" WEST, A DISTANCE OF 371.83 FEET TO A POINT; THENCE RUN SOUTH 88050'39" WEST, A DISTANCE OF 291.84 FEET TO THE EAST RIGHT-OF-WAY LINE OF PARK RIDGE BOULEVARD, AS LAID OUT IN PLAT BOOK 57, PAGE 189; THENCE NORTHWESTERLY, ALONG THE ARC OF A CURVE, SAID CURVE HAVING A RADIUS OF 5752.40 FEET, FOR A DISTANCE OF 45.19 FEET TO THE POINT OF BEGINNING CONTAINING 28,737 SQ. FEET/ 0.659 ACRES ± INVOICE NO.: 71441 -LME DATE: DESCRIPTION: 09-06-2023 FIELD LOCATION OF IMPROVEMENTS I HEREBY CERTIFY: THATTHIS EAS EMENTWAS PREPARED UNDER MY DIRECTIOIW AN4 Im`�y-TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF ,r6k` kEfo nnmk Ti'9IS SURVEY SKETCH MEETS THE INTENT OF THE STAND, d��? 3' 0j; �'R �" P� � FCfR LAND SURVEYING IN THE STATE OF FLORIDA, PURSUAN,' 1'O RIJI E;417 �" ,,T"E FLORIDAADMINISTRATIVE CODE AND ITS IMPLEMENTIN ' Z E„ C'HAP�A 472027 OF THE FLORIDA STATUTES. GI110 P(ALANO SbkvEYOR AND MAPPER NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LPCEFN tiFD SURVEYOR/MAPPER NAMED ABOVE. CT SURVEYOR SERVICES INC, 1660 SOUTHERN BLVD. UNIT K WEST PALM BEACH F .y 1 FLORIDA 33406-1747 OFFICE: 561-753-0353 f E-MAIL gtsurveying@gmaii.com I HEREBY CERTIFY: THATTHIS EAS EMENTWAS PREPARED UNDER MY DIRECTIOIW AN4 Im`�y-TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF ,r6k` kEfo nnmk Ti'9IS SURVEY SKETCH MEETS THE INTENT OF THE STAND, d��? 3' 0j; �'R �" P� � FCfR LAND SURVEYING IN THE STATE OF FLORIDA, PURSUAN,' 1'O RIJI E;417 �" ,,T"E FLORIDAADMINISTRATIVE CODE AND ITS IMPLEMENTIN ' Z E„ C'HAP�A 472027 OF THE FLORIDA STATUTES. GI110 P(ALANO SbkvEYOR AND MAPPER NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LPCEFN tiFD SURVEYOR/MAPPER NAMED ABOVE. EASEMENT AND MAINTENANCE AGREEMENT (THIS IS NOT A BOUNADRY SURVEY) SHEET NO. 2 OF 3 GENERAL NOTES: - BEARING BASIS PER G.P.S COORDINATE SYSTEM NAD 83, 1990 ADJUSMENT - THIS SURVEY IS BASED UPON RECORDED INFORMATION AS PROVIDED BY CLIENT. NO SPECIFIC SEARCH OF THE PUBLIC RECORD HAS BEEN MADE BY THIS OFFICE. - UNDERGROUND IMPROVEMENTS HAVE NOT BEEN LOCATED. - ELEVATION ARE BASED UPON NORTH AMERICAN VERTICAL DATUM 1988 (N.A.V.D. 1988) UNLESS OTHERWISE NOTED. - IN SOME CASES, GRAPHIC REPRESENTATIONS HAVE BEEN EXAGGERATED FOR CLEARER ILLUSTRATION. MEASURED RELATIONSHIP SHALL HAVE PRECEDENCE OVER SCALE POSITIONS. - ALL DIMENSIONS SHOWN ARE FIELD MEASURED AND CORRESPOND TO RECORD INFORMATION UNLESS SPECIFICALLY NOTED OTHERWISE. - WELL -IDENTIFIED FEATURES IN THIS SURVEY AND MAP HAVE BEEN MEASURED TO AN ESTIMATED HORIZONTAL POSITIONAL ACCURACY OF 0.10 (FT) - "ADDITIONS OR DELETIONS TO THIS SURVEY MAP BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES." (CHAPTER 61G17-6.003 OF THE FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES) " "5J-17.052 STANDARDS OF PRACTICE: SPECIFIC SURVEY, MAP, AND REPORT REQUIREMENTS. (b) BOUNDARY MONUMENTS: f. WHEN A CORNER FALLS IN A HARD SURFACE SUCH AS ASPHALT OR CONCRETE, ALTERNATE MONUMENTATION MAY BE USED THAT IS DURABLE AND IDENTIFIABLE." (EXAMPLES: FENCE POST, BLDG. CORNERS, ETC.) LOCATION MAP: (NOT TO SCALE) C/L W. GATEWAY QUANTUM BLVD. I BLVD. mI C/L- -- i ��.,,,,C/L 1-1`5 Ill W 7) QUANTUM Z w SITE LAKES DR. O Q LOCATION z GT SURV, EYOR SERVICES INC, 1660 SOUTHERN BLVD. UNIT K WEST PALM BEACH FLORIDA 33406-1747 OFFICE: 561-753-0353 E-MAIL gtsurveying@gmail.com STATE PLANE COORDINATE DATA: COORDINATES SHOWN ARE GRID DATUM DATUM= NAD 83, 1990 ADJUSTMNET ZONE= EAST, TRANSVERSE MERCATOR PROJECTION LINEAR UNIT= U.S. SURVEY FEET COORDINATE SYSTEM= 1983 STATE PLANE SCALE FACTOR= 1.000042515 ALL DISTANCES ARE GROUND UNLESS OTHERWISE NOTED GROUND DISTANCE X SCALE FACTOR= GRID DISTACNE ABBREVIATIONS/LEGEND: C/L= CENTERLINE P.B.C.= PALM BEACH COUNTY EASEMENT AND MAINTENANCE AGREEMENT (THIS IS NOT A BOUNADRY SURVEY) NN 22t4t) AVEC'' �.� 57, PAGE 18 9) RHES J_A.T 500Y WIDTH VA L=3760 ;3'70.38 -4 10 CA 10 5,0,0"., S34°48'31" •r4 34.69' 0 03 03 0 r. O 0 CT m P.B.C.E GE -113 CONTROL POINT "CASE -2" BRASS DISC. (NOT FOUND) v 'Ve s SHEET NO. 3 OF 3 1100, 01\ 0 N 805234.8 30 0S• E 956254.2090 9" LOT 52 R=600.00' QUANTUM PARK AT BOYNTON BEACH, L=45.04' PLAT BOOK 57, PAGE 189 CA=4*18'04'# N 805227.7571 E 956267.4419 Tit 0rr POINT OF BEGINNING N 804927.8740 E 955818.3330 PROPOSED 45' MAINTENANCE EASMENET POINT OF N 804� E 5� 9� it R=5752.40" =5752.40' L-45.19' =:45.19' C00, CA=0*27'00" 500. N88050'39"E 270.00' 50-0. N 804063 .8249 N 804912.9054 E 953460.4258 E 955820.0393 0000000000000000000000000 GT SURVEYOR SERVICES INC. 1660 SOUTHERN BLVD. UNIT K WEST PALM BEACH FLORIDA 33406-1747 OFFICE: 561-753-0353 E-MAIL gtsurveying@gmail.com WATERS EDGE N 806894.4600 E 958579.2530 P.B.C. GEODETIC CONTROL POINT <%1-1110O "22 HIGH" PBCO r BRASS DISC. I:F:�, %9 ".0 (NOT FOUND) 0 N 805234.8 30 0S• E 956254.2090 9" LOT 52 R=600.00' QUANTUM PARK AT BOYNTON BEACH, L=45.04' PLAT BOOK 57, PAGE 189 CA=4*18'04'# N 805227.7571 E 956267.4419 Tit 0rr POINT OF BEGINNING N 804927.8740 E 955818.3330 PROPOSED 45' MAINTENANCE EASMENET POINT OF N 804� E 5� 9� it R=5752.40" =5752.40' L-45.19' =:45.19' C00, CA=0*27'00" 500. N88050'39"E 270.00' 50-0. N 804063 .8249 N 804912.9054 E 953460.4258 E 955820.0393 0000000000000000000000000 GT SURVEYOR SERVICES INC. 1660 SOUTHERN BLVD. UNIT K WEST PALM BEACH FLORIDA 33406-1747 OFFICE: 561-753-0353 E-MAIL gtsurveying@gmail.com WATERS EDGE N 806894.4600 E 958579.2530 SCALE: 1"=100' 48 0 SCALE: 1"=100' 48 6.0 Consent Agenda 10/17/2023 Proposed Resolution No. R23-143- Administrator of Record for Abandoned, Foreclosed, Vacant Properties. Requested Action: Authorize the City Manager to sign a revenue generating Agreement with Hera Property Registry, LLC of Melbourne, FL as a single source consultant for the registration and monitoring services based on the Request for Quote No. DEV23-057R Administrator of Record for Abandoned, Foreclosed, Vacant Properties within the City. Explanation of Request: Initial Term: October 17, 2023 - October 16, 2025 The purpose of the registration program is to provide a more effective way for the City to manage foreclosed properties without adding staff. The City of Boynton Beach was the first City in Palm Beach County to adopt legislation requiring lenders (mortgagees) to register vacant property to include maintenance at the time of foreclosure filing. On February 7, 2023 Commission approved and authorized the City Manager to sign and execute an Agreement with Property Registration Champions, LLC dba PROCHAMPS. However, on June 28, 2023 the City received notice that Property Registration Champions, LLC (a/k/a PROCHAMPS) filed bankruptcy in the Circuit Court of the Ninth Judicial Circuit in Orange County Florida. On July 24, 2023, a new Request for Letter of Interest (RLI) was posted to DemandStar and was active for 14 days. Purchasing staff received and opened only one response to the RLI for Administrator of Record for Abandoned, Foreclosed, Vacant Properties; the response was from Hera Property Registry, LLC. Purchasing issued a formal Request for Quote No. DEV23-057R to Hera Property Registry, LLC on August 29, 2023 and received a response / proposal from Hera Property Registry, LLC. The Agreement calls for a $300 fee to be charged for each registration with $150 paid to the City. The contract term is for two (2) years, with the option to renew under the same terms and conditions for three (3) one-year terms. How will this affect city programs or services? The contract will allow for continuity of services for the vacant, abandoned, and foreclosed properties in the City without incurring additional cost for staffing. 49 Fiscal Impact: Fiscal Year: 2019/2020 $109,402.47 2021 $35,125 2022 $6,505 Attachments: R23-143 Resolution approving Hera Property Registry Agreement Boynton Beach FL - RFQ DEV23-057R - Hera Property Registry, LLC Proposal Quote Hera Property Registry, LLC - Vendor Signed Contract Hera Property Registry LLC - RLI No. DEV23-057R Request for Letter of Interest Response Single Source Justification Form.pdf 50 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 RESOLUTION NO. R23-143 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A REVENUE GENERATING AGREEMENT WITH HERA PROPERTY REGISTRY, LLC OF MELBOURNE, FL AS A SINGLE SOURCE CONSULTANT FOR THE REGISTRATION AND MONITORING SERVICES BASED ON THE REQUEST FOR QUOTE NO. DEV23- OS7R ADMINISTRATOR OF RECORD FOR ABANDONED, FORECLOSED, VACANT PROPERTIES WITHIN THE CITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the purpose of the property registration program is to provide a more effective way for the City to manage foreclosed properties without adding staff; and WHEREAS, on June 28, 2023 the City received notice that Property Registration Champions, LLC (a/k/a PROCHAMPS), who the City had been doing business with, filed bankruptcy in the Circuit Court of the Ninth Judicial Circuit in Orange County Florida; and WHEREAS, on July 24, 2023, a new Request for Letter of Interest (RLI) was posted to DemandStar and was active for 14 days; and WHEREAS, Purchasing staff received and opened one response to the RLI for Administrator of Record for Abandoned, Foreclosed, Vacant Properties; the response was from Hera Property Registry, LLC; and WHEREAS, Purchasing issued a formal Request for Quote No. DEV23-057R to Hera Property Registry, LLC on August 29, 2023 and received a response/proposal from Hera Property Registry, LLC; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize the City Manager to sign a revenue generating Agreement with Hera Property Registry, LLC of Melbourne, FL as a single source consultant for the registration and monitoring services based on the Request for Quote No. DEV23- 057R Administrator of Record for Abandoned, Foreclosed, Vacant Properties within the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF S:ACA\RESO\Agreements\Hera Property Registry Agreement - Reso.docx 51 35 BOYNTON BEACH, FLORIDA, THAT: 36 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 37 being true and correct and are hereby made a specific part of this Resolution upon adoption 38 hereof. 39 Section 2. The City Commission hereby approves and authorizes the City 40 Manager to sign a revenue generating Agreement with Hera Property Registry, LLC of 41 Melbourne, FL as a single source consultant for the registration and monitoring services 42 based on the Request for Quote No. DEV23- 057R Administrator of Record for Abandoned, 43 Foreclosed, Vacant Properties within the City. A copy of the Agreement is attached hereto 44 and incorporated herein by reference as Exhibit "A." 45 Section 3. This Resolution shall become effective immediately upon passage. 46 PASSED AND ADOPTED this 17th day of October, 2023. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner — Angela Cruz YES NO Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\Hera Property Registry Agreement - Reso.docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney 52 %///i 1�tTR&QR i f, ii m 53 IQ b 1E1 BU111 1) WBRANT N IK31IBORI100N:)S LETTER OF INTEREST City of Boynton Beach Finance/Procurement Services 100 E. Ocean Ave. Attn: Taralyn Pratt, Contract Administrator (via email: pratttPbbfl.us) 1900 S Harbor 1;11ly I Iv . &.Jte 211 Idlbc"ruirine, 1FL. 32901 (321) 234-5303 heiraireglstiry,coimYP Re: Request for Quote for Administrator of Record for Abandoned/Foreclosed/Vacant Properties (Quote No.: DEV23-057R) Dear Ms. Pratt, Hera Property Registry, LLC ("HERA") would like to announce its interest in managing the project as described in the Request for Quote for Administrator of Record for Abandoned/Foreclosed/Vacant Properties (Quote No.: DEV23-057R). We shall meet or exceed all requirements in the request and will provide all services necessary to create an application for property owners and/or their agents for registration of properties in accordance with the City's requirements. HERA provides property registration services nationwide to local governments. These services are all provided with no upfront expenses as our fees are paid out of registration fees received from responsible parties. HERA can meet the insurance requirements stipulated by the City and is willing to execute a standard agreement with the City. We have the experience and resources necessary to create and maintain registration services for mortgage foreclosure and vacant properties in accordance with the requirements of the State of Florida and any applicable local Ordinances. Respectfully submitted, Clifford J. Johnson CEO and Contact Person P�. Powered by 1J �,,� �, Provider of C@IltB�1 54 HERAREGISTRY.COM EI..PING BUll D 1/I5"RAN7 NNIGH B(rag H(X)D�3 1900 S. Harbor City Mvd. Suite 211 Mebouirne, R 32901 (32 `d) 234-5303 heirairegistiry.com vpiro@lheirairegistiry.com 1BOYIN""I"' I IIBIIS ACH11, 11:::::11 IIREQUES"I ll:::::GllR QUG ""I "'ll ING. l[YIEV23 0571R ll:::::GllR MEYWIHMIS I 11RA I if ll:::::QllR 0SEE)NACAN I RlIRGIII DIR I UIES "I"' AB1 1E Gll:::::CGlM I E14 I S IN IFROIED UC FORY S IFA IFEIMEN IF .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1 If IIIPI GINN CHARIF/IIS EE IF IFRIfsERA PEAM .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 3 f:)ROf:)O&E['.) AMIE IPHOEDGI OGY/['.lESCRlf:) IPIGN OIF SERVICES .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 5 ASSOC�IA FEE) COS IFS .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 14 REFERENCES OIF CURREN IF G1 I I IIS IF .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 15 I E IFTE"baa OIF Ifs ECO MIIS IIS IED A IPI II .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 16 CURREN IF G1 I I IIS IF I 11 IF AS [: "Ifs HME, SUBCGIN IF RAC FOR, OIR AIRRH I 101E .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 22 CGIM[:)l E FEE) FORIMS .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 27 Powered by Provider of rental) scall,,,,,:��e I F i 55 HN °°°°°"VIII' IIIIC° I °°°I°°"VIII' YS°°°I°°°°°"IIIIIIIIIIIIIII' IIII IIIIIIIIIIIIIII IIID°°°I Hera Property Registry, LLC provides the software, data collection and analysis, and customer service to provide all services outlined in the Scope of Services and in accordance with the requirements of City of Boynton Beach Code of Ordinance No. 09-040 Section 10-51.5. IIIIIIIIIIIII � Illi°'u"Illi° t" Illi°'u"Illllllllllll f° �9i Illi°ZEGIIG IIlli° .""9i t„w HERA is located at 1900 S. Harbor City Blvd., Suite 211, Melbourne, Florida, and will be responsible for providing registration software, software support and training, online registration, reporting, and customer service. HERA started branding last year and was the registration arm for Break Point Law which was established in 2018. We currently have 20 employees and contractors working with us. Our team will manage all data in the HERA platform and provide comprehensive revenue and compliance reports to the City. Using the parcel APN, HERA connects foreclosure filings to the county records, with each listing being processed by our machine learning systems. The City will have unlimited access to this data, and the data is available for download in XLSX format. HERA shows county APN, owner, and property characteristics per the county records. Upon identifying the registrable properties, and on a continual basis, we shall be fully responsible for the management of foreclosure data for the City and will ensure data is updated in the HERA portal and newly identified foreclosures are registered and brought into compliance. HERA utilizes Deckard Technologies ("Deckard") to provide real property registration data services with an API upload nightly to the registry. In addition to providing these data services, Deckard also provides real property data nationwide to local governments, particularly through their Rentalscape Short -Term Rental registration program. The City will indeed gain access to a patented proprietary platform as Deckard's system has achieved remarkable advancement and uniqueness, leading to its successful patenting under the title "Detecting and Validating Real Estate Transfer Events Through Data Mining, Natural Language Processing, and Machine Learning," with the reference US Patent No. 20190333175-A1. Page 1 56 Deckard's high frequency mining system analyzes every foreclosure listing and associated filings nationwide every day. This system will be analyzing foreclosure and associated property activity for the City daily and will capture a record of every foreclosure case since the ordinance effective date. We record whether the listing is active and include all information in the filing including the property address, trustee, servicer, bank mortgagee, property preservation company, and most importantly any assignments of mortgage and deeds that either end the obligation or send the property to REO status. We then compare every day of each filing to the previous day. Our artificial intelligence engines then categorize changes as either active or ended obligations to register. The result is a holistic view of foreclosure activity. HERA's CEO, CJ Johnson, through his work with real property registration programs, has an extensive database of responsible parties including mortgagees, trustees, mortgage servicers, and property servicers. CJ has provided foreclosure and vacant property registration and code enforcement services to hundreds of communities to achieve upwards of 95% compliance rates for foreclosure registration ordinances. As an attorney, CJ has conducted thousands of code enforcement hearings for real property registration violations. CJ has worked with many municipalities across the country developing best practice real property registration ordinances and programs and is one of the most experienced real property registration attorneys nationwide. CJ started HERA Property Registry to help municipalities fight blight issues associated with vacant, abandoned, and foreclosed properties. Our group works together to provide a cohesive coalition for obtaining data, data analysis, data management, software, collection processes, reporting, and enforcement necessary to provide the City a successful and meaningful property registration program. Page 2 57 VIII IIID liiii ° liiii IIID VIII Chart HEPAPEGIST(Y.COM CJ Johnson CEO/Founder Client Service Team Data, AnatylIC511T IlutnershIp LAccountUlngii Team N.liol Affai", —6;4��I Cclru-u- 0) C—rdin.l.r. 11 ill E �,, ! JP lu lrk�gion.] 4.1- Mana— ClOtj Imegrator/cOO se; Team 1 11 customen Service Team I I Legal Team Clifford "CJ" Johnson - Founding Partner/ President/CEO 321-234-53031 qjqhMqnQjj I Mn CJ Johnson is one of the country's most experienced attorneys in foreclosed and vacant property registration compliance. CJ is based in Melaloe ume Florida and is the #; a,. and CEO of Hera Pro"nd:j�- �,yi tr� LLC. CJ Wps lead the company's vacant and foreclosure property Stan Urban - National Government Affairs Coordinator ( National Sales Manager 630."2.4243 !At jMj Stan Urban is HERA's National Govemment Affairs Coordinator and National Sales Manager. With over 20 years of experience as an elected municipal official, a municipal administrator, and an Illinois Exclusive Lobbyist, Stan has assisted in developing blighted property registration programs for numerous municipalities. Kevin Sidella - National Municipal Consultant I Regional Sales Manager for PA and OH 717.979.9864 1 !,,ji @ VgL "gm Kevin Sidella is HERA's National Municipal Consultant and has over 20 years of municipal experience. Kevin has personally introduced property registration programs to over one hundred municipalities across the cou ntry. Page 3 58 Scott Blasie — Regional Sales Manager, Florida, and New York 561.236.1700 1 sbuasie Iheraregiisti .coirnk Scott is an experienced Relationship Director with a demonstrated history of working with Government staff and elected officials. His skilled Customer Service background and 27 -year tenure in Public Service as a Code Enforcement Director give him the insight needed to mentor our team as it fosters ongoing relationships with current community partners and prospective partners. Scott guides the team to ensure the highest level of service through regular touchpoints with the community, effective communication and reporting and team collaboration. Tracey Howarth — Director of Community Strategy and Planning 609.828.7905 1 '11 pAiEr ,lhu„ Ihu, , Ir , isti cairn Tracey Howarth has a long history in building and leading high -performing, results -driven teams. Tracey worked with staff and local government officials to develop and execute the Vacant & Abandoned Property program, then added the responsibility of managing the Building & Construction Department. As part of the HERAteam, Tracey connects with local leaders to share the many benefits of our product portfolio and assists in creating marketing material to be used as presentation tools, communication resources and social media messaging. Eileen Hornbake — Registrations Analysis Team, Sr. Data Analyst/Paralegal 321.312.0242 1 ehoirnlbalke lheiraire iistiry,.coirn Eileen Hornbake is HERA's Senior Data Analyst and paralegal and oversees the Registrations Analysis team. Eileen supervises foreclosure and vacant property research, registration monitoring and compliance, and all matters involving administration of the property registration program. Vivian Tordeau — Customer Service Team, Municipal Compliance and Enforcement Liaison 407.340.3489 1vtoirdeau Iheiraire iisti .coirn Vivian Tordeau has over 10 years of experience working with local governments and assists our Customer Service team with municipal compliance and enforcement. Vivian ensures that all registrations comply with community requirements, performs outreach to mortgagees, servicers, and their registrants, and oversees quality control for property data in the registry. Cathi Shiflett — Customer Service Team, Government Affairs Coordinator 321.506.2093 cslhiifllett �Iheirairegiistiry.coirn Cathi Shiflett has 10 years of experience working with Government clients regarding all aspects of the foreclosed and vacant property registration program from responding to community procurement requests (RFPs) to initial onboarding and software training. She works with all stakeholders to resolve any questions or concerns. Cathi also performs foreclosed and vacant property research. Page 4 59 01 z IIII'I' fll��t' �tw lllk r I° ria ni,ciaanl Coirnpnl iainice AIIIII IIII,I I .......... & e&ti alto n Payment oa" ftoimWiiing M grade, �ntegra°te We will review the City's Ordinance for its Abandoned/ForeclosedNacant Properties Registry, identify all past and current registrable properties in the City through our data mining platform and analysis process, and create a database containing all properties with an obligation to register. • Review the City's ordinance to ensure compliance with local and state laws; make recommendations for a best practice ordinance if necessary • Use multiple data sources to identify all properties in the City that have an obligation to register and provide all relevant data for the properties (including properties that meet the registration criteria at the time services are contracted) • Data migration: Custom data clean-up and migration from the City's existing registration system will be handled and uploaded by the HERA team Page 5 60 • Using their proprietary software, HERA will provide a web -based electronic registry and fee payment system for property registration, collection of registration fees, tracking of properties with obligations to register, updating information, and reporting tools • Integration: HERA will integrate data from all sources into one comprehensive registration database Sample depiction of data from Easton, -. mapping properties with obligations The different colored dots represent registered and unregistered foreclosures and registered and unregistered vacant properties. i f i ill WI)i 1,11 FiNg dai ml "W"'I . A ✓ Mm„"IvsframY,h;,mt 4fft ^ ✓ M1mp, `. I+) ^��✓ V9r',iwx'uksrvrf p nl irvmtll�A'. " awry c. Pa,l1.gh v: �G40��arvu ua�awr�a �Pa.,.fl EafM.. y' C�ald6auYado?ftlli f4 4r�v rfl"aNi.Y � i.,.mu,ioi ma n.��mwmaa�,mm 1i�4 � 1 IP 14 Bu&IipSNUllzu:mY»,y ,Y ., �eYv l'✓paulumw SP4Wuw.W:VIM Wwf, !q Ilryimp�anNivmrl Oprvipn60M�lrnu6 il�u� '+ Uvfnm{�IIwIXl�xpi�t Oi9'n1a6NUNeunlun I,. I�'�IiNp�IiIVWlwme'I's44¢�A�eiM1 m"Ai: p owim'lwJu HERA administers all facets of the registration process, including identifying the responsible parties, proactively contacting those with an obligation to register, collecting all necessary registration information, payment processing, and ongoing monitoring. The City enjoys unlimited user accounts on HERA's government platform. We provide the highest level in information security standards, including multi -factor authentication. Page 6 61 V9r',iwx'uksrvrf p Alps 9 dxaVV l'U!'M➢1 f � HERA administers all facets of the registration process, including identifying the responsible parties, proactively contacting those with an obligation to register, collecting all necessary registration information, payment processing, and ongoing monitoring. The City enjoys unlimited user accounts on HERA's government platform. We provide the highest level in information security standards, including multi -factor authentication. Page 6 61 "It' wEll E Illk'I I Nil . ......... 15 COI LI11111C��J�� ORM,11% I 10hill We will determine the appropriate party responsible for compliance with the applicable Ordinance and proactively notify the responsible party of their obligations under the Ordinance. We will provide all instruction, training, and customer service necessary to facilitate the mortgagee, servicer, or their registrant in registering properties. Register a Prorsir ty as Vacant or Formli Update Fell Val Po operty P,—,I.l 1191"1-0., ol, ddo(,e, I II'm Id IMli ...eM,0 j,321) 7A hTV N!,WIGIUMI:l Reg�str atkmi i Req, gh ernents 11 ell's uuuaPbu s"re you have elveNydeng you need lo appNy fai a VacaTR or Moritgagii!e ilrapWy RegNtrallion, 0 Registration Requirements I Information an any person or persons involved with the, property P3 r, �),eMqUAFIiI4 EimaH PhOMI'llunbes' 1"¢egMiral"111 2 Non-refundable property registration fee Me uegiAnWon fee �s $300,N%and the peu mic Wiiafid fix 45 nonthsfri:on dirte of Muance, 11 ate remshafians finclitr a IMate fee H throyane not regWtilredavi[Wn 10dvVs, Fui fl: ierplvtaI;ies,:A M hnte�est per nnordh on the r,Ilcirir! cilAsUrNfing ballance i:IrDPIMY Conlac"Is are nciuredever,y, 30clays,staAUngoin the,,K)flh day vacancy 0 ycxi'm mtjtistep ing inorethaini 6 noriffis afWxxp,rHngor racaUng fl'ie PD3perly ri edffl beclu"Seidthe fuH regJstl Alirrn iee PU:i i'mia"ies foratch 6 month fmiflird thM haselapsed -flflsawansynu inaybeinequbedi bapal registratli:Pin feesai, once, i:lrnj!'�any Detalis 3 Ensure this registration is completed with In 10 days otarry changes or updates to the property's status f his legisraiiiim linust becixunjileiied Mthin Mday:i ofaiWchanjjiies oi, ujxWes tr:m dbe praj„wrty'sstafipshidudlwig. 4 An inspection of the property may be required An hnspiilldki::in of R he ja op e r ty Tvii iy lbe q ei:pii ft ii ed f1i heTehfl a d&auk oil) prrfnnnlients. Occupied prliper fies roarc inspi =M filly, payrno"ir"t and vacant pr apeR dumas earl. u inspeifted on a ueguiat bads, 5 Please review the Easton ordinances relating to Vacant and Foreclosed properties ll:xp,,,,, ii eynevw P he Ea!!i; � an aura finanices ii elatlins tln Ii and ll::::oreciosed prtrjxeties MM Page 7 62 All registration data is analyzed against existing data and approved and updated daily. HERA maintains detailed listings of all registrable properties including, at a minimum: • Property identification: address, lot and parcel no., and property owner • Local property manager name and contact information, including mailing address, phone, and email • Mortgagee name and contact information, including mailing address, phone, and email • Mortgagee Servicer name and contact information, including mailing address, phone, and email • Foreclosure Case No. • Occupancy status • Last inspection date 1234 BU aW#RL U.. ST EA TON PA 18 042 IDD Req ,Pry. I' " MQ W' n, Q>Iil "Ve'll'iy "1I"Wil'y V! 'CM1V%Rill. rne'ra':W SRIo€N I�I�tG iWm p{m1dV &..+Dda"r'ma. ..........)-�I!w[i tVn[lrlia� R rup ,aemree9l �I iaiart fr, r tr lrP a<yec V ,) t f *1 r�r�.�r�j � I"R+v'mcirrtivrrm dm.4�xi'fCoilP Prarpeny Conoco rRmghlW¢rRwo¢ Pc m.awF wrenlrxWruy� s�'wnov �Up�w�ttP!911ti,� inuRntxmi Page 8 63 i LTJ IIII°1"�"I"9��"' VIII III�!1�°°'�°°' IIII'"�"IIII'°��t""Int'w�IIIIIIIIIIIII'IIIIIII�!1�O We will collect and remit all registration fees in accordance with City and state requirements. We will work with the City to establish an acceptable process for financial remittance and auditing. Each property account in the government portal includes a history of all financial transactions. HERA's integrated payment processing accepts payment using ACH/EFT, debit, or credit card. Importantly, HERA is NACHA and PCI compliant. 122,,K BUSHKILL ST EASTON PA 18042 AM Nift 6! T'irmunssutMUa n Matou'V WM .d... 9- II!k1d I KF 0uxw,7ry ��4 I.Mi lamas 12-"X! 2.PP22 na"M m on Mp FIVW X R2-292022 P,Nk Mvma�m9mmvu 61w d a�nMpRon $100'M t M an MW M2gI,Mq'„1 882U M,t 30.W d 7,YM2dr2 40% LM111—kM qVW �MW mm,V"mmw mmoyxW'rp UM,v.¢Mp Cilie a 9'N-fltlW.,9022 M, 0.m I—.11R, q"W 4 M ftp. mks mlmcµ".nmw' SMAC d, dfkM 30 20%2 tli-',MPM,tle"".u'p N10AI Al x,111 911 fl9",1-2022' IMPMmM'. W�mm,.d SM7iG7700 SWIM MW 1112-30 200 11144 mMmlWn baa 02 30 21 W fMM.'MS-,'�iMi ;2� MUM! 00 dM' Payment Support: HERA's Customer Service team provides full support for declined payments, refunds, and other assistance needed for facilitating online payments. Security: Our payment processing complies with NACHA and PCI standards. Additionally, our platform has multiple levels of security measures in place to ensure the protection of your information. QII !1I O QIII III IG NAQI !1flII ""'I"'°QIII'Z flI�!1 O HERA will maintain up-to-date and accurate foreclosure data for the City, and will continually obtain, review, and analyze this data, monitor ongoing and future obligations to register, and audit registrations to provide monthly reports on registrations paid, compliant properties, and noncompliant properties. Page 9 64 We will provide comprehensive compliance reports via the City portal on a monthly basis, or as requested, to facilitate enforcement, compliance, or reconciliation processes. Our team works on a secure shared platform that is accessible by City staff to monitor all activity of foreclosure registration efforts. 4°1114 IIIIIII IIIIt„w 1114 X1114 IIII 4 III 4 III IIIIIIII t„w IIII IIIIt„w .......... .IIII 114° tIIII. • This report is delivered monthly and available to City staff for download on demand • Provides all information on properties that were registered within the month including property address and APN, obligation to register dates, registration fees paid, and demographic information for the responsible parties • Provides the current status of a property • Provides information on recent payments made through the registration platform • Provides information on registration periods owed III�� t°�� Ill��t'„w� t"�� III Illi° 1°IIII IIII�III�� t'w� IIIIIIIIII IIII'°�� IIIIIIIIIIII Illi'° °11t"�� IIII'°��°°'�°°' • This report is available on demand or by request • Shows all properties that have not registered in accordance with the Ordinance • Shows registration periods owed along with the associated registration fees owed • Shows gaps in payment so HERA staff can reach out to the responsible party to aid in compliance and secure registrations for the City Page 10 65 C1„IIV,61 °°M°'°OM MZCC Illi"ICM 11I0R.T • Numerous data filters are available for selection allowing for customized reporting — staff can select property types and status, registration status, responsible parties, and other registration triggers to produce a custom report `,'4 p.1 Sawd, ki W adit,iim, F.W.— I V—u ,. , ,,II �nW uw.Iron uuwurwm ,,,AM hwbuq"Vr,p PSD V.. 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I ....... i W, a II�II�II Y MOUY 0'304-'M22 13 fy I lrtb' ,I Irl= !'nA2 23-02.X7"k"II KZ��«u uWWMp�y�ryyll��IIpIIIp�� a'�"�v;aMmW'u,211w't�wwM'WW'Mow„ <:�s l;i o ,I I:- ,Irl/ I;'ir,2 23oo3''�"U:n !µ 1111100MIM Pa4wo,III RK t, 11:, I 1 Ij VII 11,111 1 i, .:26 immmum 3143 7W Y'Il"sf Ii II '"?)Nfr I/V 8024CC23 INIMINNEW ',:i!"312023 EMIESINEP @eml4ww4MW 0—' h. 24,N 2023 Mi'N4N IIII Ph'i� S}µm,�4,m' Orwc WUOIm4 Oi�filM 4 IMU W10".X3 MINIMUM M3'wWOmVW�mIN Omlic ////i// / ciciu //ii//////llfiflflfiflflfiflflfiflflfifllffllfflflflfifififififififififflflflflflflfifififififififififflflflflflffifififififififififlflflflflffifififififififif(fdlflflflflflffifififififififififlflflflflflfifififififififififflflflflflffifififififififififlflflflflflffifififififififififlflflflflflfifififififififififfddlPll//////iimoi/.oaaaaaaaaaaaaaaaaaaamoi/i,/adi C1 G Local governments often face challenges, such as insufficient staffing, cumbersome paper-based processes prone to errors, and difficulty locating non-compliant responsible parties. These challenges often result in a substantial loss of funds for the community. Our customer service allows City staff to focus on more high-value services rather than pushing paper so finance leaders can count on more streamlined remittances and increased compliance. Additionally, our legal staff can advise the City on legal requirements relating to vacant property registry issues and work with staff to develop registration compliance and enforcement strategies. All these services are provided with no out-of-pocket expenses to the City. Costs are recovered through a fee sharing and contingency fee agreement. Page 11 66 Here's how our support team drives satisfaction and compliance: 1. We provide caring, one-on-one service based in compassion and confidence. 2. Our goal is to make our customers feel heard, respected, and helped as efficiently as possible. 3. We build real rapport with customers while increasing their knowledge about fighting blight in their community. 4. We ensure that you get the information you need, when you need it. 5. We're upbeat, enthusiastic, and we care! i� � „ IIIIIIIII I "� i� � � i� i� Il kuo II.^� � „ i� i� � „ AS i� i� � IIIIIIIII IIV IIII . „ IIII t„w,,, t„w,,, Illk IIII .t IIII IIII IIIk Illh°°' � III IIII III A IIII I AI 11 t„w IIIL......... 1. We provide onboarding training of City staff, and for new staff as necessary. 2. We provide training to mortgagees, servicers, and their registrants to facilitate an intuitive and simple registration process. 3. We can attend City work sessions on foreclosure and real property registration trends and related issues. 4. We participate in real property registration -related events and meetings when requested. 5. We provide reports and assist in preparing real property registration -related presentations when requested to the City and other groups. 6. We work closely with code enforcement to ensure high compliance rates and adherence to all legal requirements. ”"', Illi°°°t"Illi° t„w ( °"'""'IIII'°°° 1. Increased compliance and maximized revenue by identifying registration gaps 2. Reduced time to collect monies due Page 12 67 3. Reduction of internal costs and resources 4. Automation of tedious staff tasks 5. Compliance enhancement 6. Modernize locally administered real property registration programs and fee collection for the digital era 7. Exact payment amounts remitted automatically (no keying info) - calculates fees and penalties automatically 8. Customizable online registration forms configured to City standards 9. Foreclosure filings are standardized and automatically categorized, enabling historical reporting 10. Standardized and integrated credit card and ACH transaction processing 11. Interface with responsible parties to facilitate registration and filing, maintain compliance, educate, and provide general communications All the above project tasks will be completed by HERA with minimal use of City resources. We anticipate the use of City resources for providing initial direction and planning for the registration program, financial or accounting staff to process monthly remittances, and City oversight regarding enforcement. � IIII III O ""10"'01,,HlfR S I� Ilf""" Ilf""' GIINI I III II 1 IV EINI O llf°R 1. Training mortgagees, servicers, and registrants on how to stay compliant with the Ordinance 2. Spending thousands of dollars and hundreds of hours on paper-based mailings and postage 3. Answering phone calls about real property registration and payment issues 4. Using valuable staff time to research the proper responsible party for registration 5. Dealing with bounced checks 6. Having to handle PCI compliance Page 13 68 A Otw"IIID°°I°° I tw 0 S I" We will collect and remit all registration fees in accordance with City and state requirements. We will work with the City to establish an acceptable process for financial remittance and auditing. Registration accounts are posted with payment data within our system. HERA's integrated payment processing accepts payment using ACH/EFT, debit, or credit card. Importantly, HERA is NACHA and PCI compliant. As stated previously, the services are provided with no out-of-pocket expenses to the City. Payment processing and registration payments flow directly to HERA. Registration accounts are posted with payment data within our system. HERA retains 50% of each registration fee collected, and 33% of all penalties and late fees. We will remit all registration fees collected monthly in accordance with City requirements, with the payment due by the fifteenth (15th) day of the month following collection of the fee. We will work with the City to establish an acceptable process for financial remittance and auditing. Page 14 69 "IIIIIIIIIIIII ""' IIIIIIIIIIIII "IIIIIIIIIIIIIt'w IIIIIIIIIII t°IIII'""' t'w„IIVIIII"IIII'"IIIIIIIIIIIII,°°'°°' t'w IIII IIIIIIIIIIIIII SITS Palm Beach County Aaron Maharaj, Fiscal Manager, Planning, Zoning & Building, AMaharal(a�pbcgov.org 2300 North Jog RD. Ste 2W-27 West Palm Beach, FL. 33411 Phone: (561) 233-5017 City of Jacksonville, FL Robert Ownby, Housing Property Administrator, Rownby@col.net 214 N. Hogan St. Jacksonville, FL 32202 Phone: (904) 255-8283 City of Apopka, FL (Enforcement) LT. Steve Brick, swbrick@apopka.net 112 E. 6th Street Apopka, FL 32703 Phone: (407) 703-1738 City of Easton, PA Stephen Nowroski, Director of Planning and Codes, snowroski@easton-pa.gov 123 S. 3rd St. Easton, PA 18042 Phone: (610) 250-6723 Lower Paxton Township, PA Amanda Zerbe, Community Development Director azerbe@lowerpaxton-pa.gov 425 Prince St Harrisburg, PA 17109 Phone: (717) 657-5600 ext. 1128 City of Erie, PA Andy Zimmerman, Manager, Bureau of Code Enforcement, azimmermaU@erie.pa.us 626 State St Erie, PA 16501 Phone: (814) 870-1470 Please see letters of recommendation and current client list attached. Page 15 70 Joily S. 2023 CITY OF EASTOFJ PE i _! __ [a MGM it may ccncerw� n p�m�m"m& Codes � sit„��' U'!!III Easton Pim 18042 610250-6724 m w ri n m letter to , mm recomm°mmmmmm ndati n for ices pmmmmm m' nm 1V C�� ,�� hn and Mspiloperty Fegosarabon team The City of Eastatiu,, r ayhmnw 1'm�ais been wamkummmi; with U anid r�, team m i � their om m'��s m giar t'i mm r, saftware and enfomement services to rrianage wr foreclosed and vacant prqwty orcbnance praeon. M Oftimes, dwy have met or enceeded awe w'n xpeastk Ther work has Wf w IIlioad on theEm'm mwm'° m m mn t owe while getwiwUng revenue and ensunnq psopenift arerein comlpiIii�iimmRce. Name of Owwmniitmmmwuty,: City of Eaiwn, VSA Eastion, PA 1804 Telephone Niumber. (610) 2504724 Sae of RojectXhiteorne The size is e niiismber of l sm�ir and p"eict is ongew g, Fr1ease Wt us know If you twee any questicins. '�,us�mmmmm�m�� 5,Own 1' Nowns6, Gimme Page 16 71 41 1�)' " 91 - I NN' -SH P I-ONVER PAXTON T N I B18,A OLEY N, GE)"I'S �, LA, 11, 'D ANN&A, N S I fLN"RY, i" Wai Nwo o, A, n'v,'in clI a &n"blv, Dip &'!Irr;,r RVI")ISIN 11 IATOYStYl "Im" tpq' u r 0" ZdI)L',,NAAS, lerwmjwviu, Vo W ho rn R May CD nce mi I am wrlding, this lietter to your as a recarnmendiadon for tKe., sArWces; pruvWed, by ("I Johnson and his errs perty reestraflon, ft -,,am. Lower, PaxtonTownsHip, Pennsylvania has been working Mith CJ ,aria h s team u su,n g thein fb rec los u re, re 0 st ratio ni software amid enifo rrement se, irvices to ma na ge, our foreclb5ed, and vacant property orr+dlinance, prograni-At aH times, they have mal orexceeded, ouir e".,dafilons. 'rheJr work has re,14eved O'UrL 'drain the, Code, Enforcement office, whille gerkeratinig reve,nueand en',Winng propeer -des are, inwrnpNiance,,, Name of Comrnunity. Loweir, Paxton ldwnsNp, PA CbntactNamelrn, a nd.a rbe, Co rn mu Wity Dev;..-k3jpm ent Directo r/,Zoril rig torr Cturd actAddress.,4215 PrInce Street Har6sburgJAI7109 Telfephonel Number- (71.7) 657--5600 exL 1328 EmalliAdAress', arielrbel gi grppK!iD N . — — -.- I.. RA Rze 0 f P rojectl/O Ulcoryve: nve, svrp is bd�,L%,,d, on the numberol for edbsures and project is ongoin& Nease Wit us know if you u have any questions. Sll'i.nc e re �V, "OL Arria,n,ila Zerbe rig Cbrnirnfunity Devebpniient Director "Q5 Vrkk b SI'V'E�'5 , PA 1 1� 7 65 7, 5 &'X)j )F F X 7 w 7, 72 4 , 83 W I v"vo"fo gpv I 19111, t�tl o voon Ild"N'Xicin ir 'oqtlr mdf Y/Jwu Nci' w fil Page 17 72 BOR.0 GH OF BALDWIN IMS Y° 11 a Efin Mown Patricia ,x) Robat T. Pink, PJII�IL L. lkavugh M urger anispmputy i u 'I highly rA1� r=,%,RW ' x1),11 t � � � � e� t l lbay hm met r excvc&d our ex�i ° aid . W u ,* v Io my requests for m l n. "I' it work Iiiss mfievvd dhe load on our We have abma 60 pulopenin 1xi ow uigistry Plem let me know if you need fWdiia1 info is below,, 1u1l , ';auoP.E. Td 13�- ,,ry w 1797 1: m Chum*vicw d FA 85227 Phcme 412 8 rax 412.8#24140 wvsw ^. J r im �!u �o� ^' Page 18 73 OF IHE (JT Y CLERK 1, 0 lqvl-wch n A pomq ("'rwic"wrl u mn wmmg Hm Wr w nm as a mcotiverlukm A IM &Wwws pykwo�'10 t'q � ) jorippon anirl his properly repwaHan koat The Cil,y af Ef�,e., PennsytvanwLn fiss, beer,,wv*.mg wllfU MW hm No" ""I mocumomwe MIMMM11 S~a Mod unbmwpen! ser0ces to inanage cui aluld vac""" -o'4 p,.aqo( IVY1,01e,,,work; ,inq wilh ('11,11tyli'll +jur ("Ay cif mmow On on PW.mmq Dmmmvwx bul, 0"vff 'Itea"J'y I'van'd m'lly I'veipee" MWOMMU me powup WWI, Two WWK nay mwmd Mv kw" not Enlo c@rr"aint oulflvce whlu "q;'A*41u'lo 000 Are Ir ccM'q!Ab'rtc* hlwwv ol CororkatvtNl T i oj, rV4, Epnoe, flA Nj#rnm Cfwwca Maim Chy Coupoll flefcont CcArdaO Allilless, 626 SNe Skeet Eno VA I rio, roe, Niwvotic�f iX61,, l 449 4f,,Y F-nv'Y'N' ("', Q t"'d The we w bowd INI die wwrnber o"bwWwwo ond pMNA N wqAm:; No,ise V*t ba,� �,n,rvoe vf 4avie any que'sli,w)5 ICRIE CITY C,00KIL, %waslin'414(ft oufkjmloo� t AaAwis*# F, kar 11 Ed Orrezinski j laictwel Keys, hl chlocN' 4040" �J'two 'yr000 W MOO" VoIllorwoorp Page 19 74 41M ak- Ol 1 EM*qw BA 6wMaw wamwm� W 0 wwwMww" �Size 11u, si?e Is P,mased oiri dw rwrnhe as'd projec [lease A us Why if "CM have Vol, ques6ans' Page 20 75 DMw My 1, 2023 Tw To %hom h My Commui nw; 7 5 3 W"', Mal 1 Aa rml Maharal FOW Manager Phnnkp. Zoning aml BuMng Ekpanmen� i`w�' (low rq r" f"' " 4'-'j Y o MI OMMM "Wo"", R F, „ Reqkws� fisir Le�iwr 0 Rekw we It bxMWAA I f ..mm, . ...... . ..... . . . ......... .. . ............ — . ...................................... . ..................................... .............. . ...... . .... ......... cock WoNeMOM A 1534":' i:plucl v>r., ``(rrfo%' /�' /",::, Afcnwfl'Tf5'/u,cw(- 0/" I 21f,11 YaWnp HIS 1AW 00 3VU asa reOMUMMion Rw am: ccumcled. wirvkrs pro,vded by 1J."C", Pakn Beach Cci,uiray has Mvqnn vvo,irkhng vvkh, 1ccm.'a1jp.,o;%, LLC ushag ser%iice,s 6-�' awnage Ow Comys Nunpqw Forecl'osu�"e R.epsuraficia circfiinarI ,x prco,grarn since Jannope 2W3 aW have one, ourexpc ukthns My have been OWN and tiiaw,y wida req,w,ted Mmynwion and t[wir wcM irk [)as riefievc�,,d flie' Pokm "'e'sch rauwry rri'i-i'rtvage fc'ti re ui,s tire regfisu,"Ific"n "'oldJula"d requkerneros cilin uwlw Eni1x'ceaiew Division. od,'6�e, perwirating wenue and enmidmp' pu1mvies ane in cogmplInce, COW K Wemx)wyof "'�wn "Azzy'o' Nariw hu Ciaratict Nant' Aaron Ndlfahar,,,,,NJ. F&A Nfietreriager MKWW A"% MM, CointaO Addres& DIN) t4oirdii Jop Rd— S�ie 21OV,2 1 W es � [I*e al Beac 11" F I Yetephone NwArr (561) 233. 5017 Fwail� Address� C)TV 41M ak- Ol 1 EM*qw BA 6wMaw wamwm� W 0 wwwMww" �Size 11u, si?e Is P,mased oiri dw rwrnhe as'd projec [lease A us Why if "CM have Vol, ques6ans' Page 20 75 LETTERS OF REFERENCE SePteniber ;Z7, 202,47 To YAmm d May Ommem CRy of AVopka Section 112 East AM Street Apapk% IG oOda 32703 Pa7) 7034738 I am wrWnl thl later, toyour as a for tl,* 1wDhrr6,;on through Break Point Law;, LK The Chy of Apopka has bem war*Mg wah C1 km edomemerit of our Weclosed and vacant propeny ordWance We 2018. Al alltmws, 0 -my hoYePxi(:,eeded our expedatWns, They have always beein refiatik,- gandtirnOyi ohtlri requested o,nfajrrnatiori, and NO accuracy has helped to WeamHrwe thie toeriisjure, evvrythmg goes sirryooth[y, Their �work ha 5 relieved flw load an our code enAcernent offiir:, wrWie jgeinerjiaUing �,ev,erwe and ensuring propie m& me in campWcr,,,,, Vve are pleased with their servies and h4jOy recommend using (A and his afflHates fol, reghUsbon as well as enforcernent of your propeny repktrd,vton prograrn, Plieai,e fie, t (me .now If I m be ed funher WMance, Inceiref, Stephan UY Wick Ueuteinaint Suroporl Sevv�c,ef,5 Page 21 76 I°°i iira li uir lllpeiir , i'° eg lstuir uiuriureint Client Illl Ist as lFliirlirne, St,iIIII curs ,uirac, uir', oirAffillate FL - City of Apopka (Enforcement) FL - Seminole County (Enforcement) 112 E 6th St. 1101 E. 1st St Apopka, FL 32703 Sanford, FL 32771 Lt. Steve Brick, head of Code Enforcement Rebecca Hammock, Director, Development swbrick@apopka.net, 407-782-5632 Services rhammock@seminolecountyfl.gov, 407 - FL - City of Sanford (Enforcement) 300 N. Park Ave. Sanford, FL 32771 Angela Adkins, Administrative Supervisor Development Services Angela.Adkins@sanfordfl.gov, 407-688- 5163 FL - Jacksonville 214 N. Hogan St. Jacksonville, FL 32202 Roberty Ownby, Housing Property Administrator ROwnby@coj.net, 904-255-8283 FL - Ocean Ridge 6450 N. Ocean Blvd. Ocean Ridge, FL 33435 Kelly Avery, Town Clerk kavery@oceanridgeflorida.com, 561-732- 2635 FL - Palm Beach County 2300 N. Jog Rd. Palm Beach, FL 33411 Aaron Maharaj, Fiscal Manager AMaharaj@pbcgov.org, 561-233-5017 FL - Palm Springs 226 Cypress Ln. Palm Springs, FL 33461 Kimberly Glas-Castro, Asst. Village Manager kglascastro@vpsfl.org, 561-584-8200, ext. 8412 665-7371 FL -Town of Miami Lakes 6601 Main St Miami Lakes, FL 33014 Daniel Angel angeld@miamilakes-fl.gov, 305-364-6100 ext. 1219 IL - Burbank 6530 W. 79th St. Burbank, IL 60459 Barry Szymczak, City Clerk bszymczak@burbankil.gov, 708-599-5500 IL - Delavan 219 Locust St. Delavan, IL 61734 Matt Fick, Administrator mfick@delavanil.org, 309-244-7146 IL - East St. Louis 301 River Park Dr. East St. Louis, IL 32201 Dimario Cason demaroc@cesl.us, 618-560-3359 IL - Farmer City 105 S. Main St. Farmer City, IL 61842 Sue McLaughlin, City Manager smclaughlin@cityoffarmercity.org, 309-928- 2842 Page 22 77 IL - Flossmoor 2800 Flossmoor Rd. Flossmoor, IL 60422 Scott Bugner, Director of Building and Zoning sbugner@flossmoor.org, 708-957-4101 IL - Hanna City 313 N. First St. Hanna City, IL 61536 Brian Baylor, Village Administrator admin istrator@ hannacityil.com, 309-565- 7411 IL - Macomb 232 E. Jackson St Macomb, IL 61455 John Bannon, Community Development Director jbannon@cityofmacomb.com, 309-833- 4944, EXT. 1232 IL - Maywood 40 Madison Stison St. Maywood, IL 60153 Jim Krischke, Acting Village Manager jkrischke@maywood-il.org, 708-450-6300 IL - Quincy 6530 W. 79th St. Quincy, IL 60459 Michael Seaver, Director of Inspection and Enforcement mseaver@quincyil.gov, 217-228-4540 IL - Rockford 425 East State St. Rockford, IL 61104 Brandon Kruse, Construction Services Coordinator Brandon. Kruse@rockfordil.gov, 779-348- 7440 Page 23 IL - Schiller Park 9526 W. Irving Park Rd. Schiller Park, IL 60176 Brian Bursiek, Asst. Village Manager bbursiek@schillerparkil.us, 847-671-8534 IL - University Park 44 Towncenter Dr University Park, IL 60484 Elizabeth Scott, Village Manager escott@university-park-il.com, 708-235- 4813 ext. 705 IL - Waukegan 100 N. Martin Luther King Jr. Ave. Wa u kega n, I L 60085 George Sellas, Building Commissioner george.sellas@waukeganil.gov, 847-856- 6415 IL - West Peoria 2506 w. Rohmann Ave West Peoria, IL 61604 Kinga Krider, City Administrator admin istrator@cityofwestpeoria.com, 309- 674-1993 MI - City of Flint 1101 S. Saginaw St. Flint, MI 48502 William Kim, City Attorney wkim@cityofflint.com, 810-237-2079 NJ - Atlantic County Improvement Authority (Shared Services Agreement) 600 Aviation Research Blvd. Egg Harbor Township, NJ 8234 Timothy Edmunds, Executive Director edmunds_timothy@aclink.org, 609-343- 2390 78 I°°i iira li uir lllpeiir , i'° eg lstuir uiuriureint Client Illl Ist as lFliirlirne, St,iIIII curs ,uirac, uir', oirAffillate NJ - Deptford 1011 Cooper St. Deptford, NJ 8096 Christian Romano, Director of Community Development cromano@deptford-nj.org, 856-845-5300 NJ - Hardyston Township 149 Wheatsworth Rd. Hardyston, NJ 7419 Carrine Piccolo-Kaufer, Township Manager cpiccolo@hardyston.com, 973-823-7020 ext. 9444 NJ - Wayne Township 475 Valley Rd Wayne, NJ 7470 Paul Margiotta, Township Clerk margiottap@waynetownship.com, 973-694- 1800 X 3208 NY - Village of Hempstead 99 James A. Garner Way Hempstead, NY 11550 Keisha Marshall, Esq., Village Attorney KMarshall@villageofhempsteadny.gov, 516- 478-6275 PA - Baldwin Borough 3344 Churchview Ave Pittsburgh, PA 15227 Robert Firek, Borough Manager rfirek@baldwinborough.org, 412-882-9600 ext. 1707 PA - City of Easton 123 S 3rd St. Easton, PA 18042 Stephen Nowroski, Director of Planning and Codes snowroski@easton-pa.gov, 610-250-6723 PA - City of Erie 626 State St Erie, PA 16501 Andy Zimmerman, Manager, Bureau of Code Enforcement azimmerman@erie.pa.us, 814-870-1470 PA - Derry Township 600 Clearwater Rd Hershey, PA 17033 Chuck Emerick, Jr., Director of Community Development chuckemerick@derrytownship.org, 717- 533-2057, Option 2 PA - East Lansdowne 155 Lexington Ave East Lansdowne, PA 19050 Robert Mould, Vice President, Borough Council robert.mould @eastlansdowne.org, 610 - ICU] VA 93 1 PA - Lansdowne 1412 E Baltimore Ave Lansdowne, PA 19050 Michael Jozwiak, Director, Zoning and Code Enforcement Codes@ lansdowneborough.com, 610-623- 5533 PA - Lower Paxton Township 425 Prince St Harrisburg, PA 17109 Amanda Zerbe, Community Development Director azerbe@lowerpaxton-pa.gov, 717-657-5600 ext 1128 Page 24 79 PA - Penbrook Borough 150 S 28th St Penbrook, PA 17103 Chief Joseph Hogarth, Police Chief and Borough Manager manager@penbrook.org, 717-232-3733, X110 PA - Penn Hills 102 Duff Rd Pittsburgh, PA 15235 Charles Miller, Chief Fire Marshall, Director of Code Enforcement cmiller@pennhills.org, 412-342-1095 PA - Susquehanna Township 1900 Linglestown Rd. Harrisburg, PA 17110 David Pribulka, Township Manaager dpribulka@susquehannatwp.com, 717-909- 9223 PA - West Mifflin 1020 Lebanon Rd. West Mifflin, PA 15122 Butch Anthony, Community Development Director banthony@westmifflinborough.com, PA - West Newton Borough 122 S. Water St. West Newton, PA 15089 Ashley Pergola, Borough Manager wnmanager@wnborough.com, 724-872- 6860 PA - White Oak Borough 2280 Lincoln Way White Oak, PA 15131 John Snelson, Code/Zoning Director code@woboro.com, 412-672-9727 Ext 412 PA - Forks Township 1606 Sullivan Trail Easton, PA 18040 Donna Asure, Township Manager dasure@forkstownship.org, 610-250-2251 Page 25 FL - Virginia Gardens 6498 NW 38th Terrace Virginia Gardens, FL 33166 Maritza Fernandez, Village Clerk MFernandez@virginiagardens-fl.gov, 305- 871-6104 PA - York 101 South George St. York, PA 17401 Steven Buffington, BCO sbuffington@yorkcity.org, 717-849-2208 NJ - Eastampton Township 12 Manorhouse Court Eastampton, NJ 8060 Kim -Marie White, Township Manager kwhite@eastampton.com, 609-267-5723 x209 IL - Homewood Village 2020 Chestnut Rd. Homewood, IL 60430 Robert Grabowski, Fire Chief bgrabowski@homewoodil.gov, 708-206- 3400 IL - Minooka 121 McEvilly Rd. Minooka, IL 60447 Austin Haacke, Finance Director Austin.Haacke@minooka.com, 815-828- 3175 IL - Lynwood 21460 Lincoln Highway Lynwood, I L 60411 Karen Wingfield -Bond, Village Clerk kwinbond@villageoflynwood.net, 708-758- 6101 ext. 247 PA - Wilkes-Barre 40 E. Market St. Wilkes-Barre, PA 18711 80 I°°i iira li uir lllpeiir , i'° eg lstuir uiuriureint Client Illl Ist as lFliirlirne, St,iIIII curs ,uirac, uir', oirAffillate PA - Pottstown 100 E. High St. Pottstown, PA 19464 Keith Place, Licensing and Inspections Director KPlace@pottstown.org, 610-970-6521 NJ - Paramus 7 S. Grove Ave. Paramus, NJ 8063 Kristin Rohner, RMC, Deputy Borough Clerk BoroClerk@paramusborough.org, 201-265- 2100 Ext. 2202 PA- Palmer Township 3 Weller Place Palmer, PA 18045 Director of Code Enforcement NY - Oyster Bay 54 Audrey Ave. Oyster Bay, NY 11771 Diane Marx, Dept. of Planning & Development dmarx@oysterbay-ny.gov, 516-624-6223 IL -Orland Hills 16033 S 94th Ave. Orland Hills, IL 60487 Brian O'Neill, Village Administrator boneill@orlandhills.org, 708-349-6666 Page 26 81 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA N&V COUNTY OF 98008"W BREVARD I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. Sworn and subscribed before me this g\ day of September By: AME - SIGNATURE , 2023 NOTA P ida at Large EILEEN SHAFFER WRNSAKE Notary Public • State of Florida Commission # HH 355526 has' My Comm. Expires Jan 29, 2027 "OFFICIAL NOTARY SEAL" STAMP Printed Information: Clifford J. Johnson NAME CEO TITLE Hera Property Registry, LLC COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH QUOTE IN ORDER FOR PROPOSAL TO BE CONSIDERED COMPLETE Request for Quote No. DEV23-021 R — Foreclosed, Abandoned, and %i $Froperty Consultant 311 82 M NON -COLLUSION AFFIDAVIT OF PROPOSER State of FLORIDA County of BREVARD ) Clifford J. Johnson , being first duly sworn, deposes and says that: 1) He/She is CEO of Hera Property Registry, LLC , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached PROPOSAL: 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) By signing and submitting this quote, the PROPOSER certifies that this quote is made independently and free from collusion; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Proposer, integrator or person to submit a collusive or sham PROPOSAL in connection with the Contract for which the attached PROPOSAL has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached PROPOSAL or of any other proposer, or to fix any overhead, profit or cost element of the proposal price or the proposal price of other proposer or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 6) PROPOSER shall disclose below, to their best knowledge, any City of Boynton Beach officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2022), who is an officer of director or, or has a material interest in, the PROPOSER's business, who is in a position to influence this procurement. Any City of Boynton Beach 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 indirectly own any of the total assets or capital stock of any business entity owned or operated by the PROPOSER, or if they otherwise stand to personally gain if the contract is awarded to this PROPOSER. 7) Failure to submit this executed statement as part of the proposal shall make the proposal nonresponsive and not eligible for award consideration. In the event the PROPOSER does not indicate any names, the CITY shall interpret this to mean that the PROPOSER has indicated that no such relationships exist. Failure of a PROPOSER to disclose any relationship described herein shall be reason for termination of bid or award, whichever is applicable, with no time to cure. THIS PAGE TO BE SUBMITTED ALONG WITH QUOTE IN ORDER FOR PROPOSAL TO BE CONSIDERED COMPLETE Request for Quote No. DEV23-057R — Foreclosed, Abandoned, and fV,gWWoperty Consultant 4 1 P a t 83 NAME N/A WITNESSES: Type name: ileen Hornbake Typed name: RELATIONSHIP PROPOSER: Signed: Name: CI' rd J. Johnson Title: CEO Subscribe and sworn to before me lj (� ��A � . Uho � 66jr\-b September � � v 1p r� � Z5114 This day of p 20 23 �' Notary Public (Signature)' My Commission Expires: \ �.Ell. EN SHAFFER FQRNBAKE +®Notary Public • State of Florida �1 Commission it HH 399526 '?M M1a`' My Comm. Expires Jan 29, 2027 sondkd thro* National Notary Assn. THIS PAGE TO BE SUBMITTED ALONG WITH QUOTE IN ORDER FOR PROPOSAL TO BE CONSIDERED COMPLETE Request for Quote No. DEV23-057R — Foreclosed, Abandoned, andage �Voperty Consultant 51 P ., }' 84 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 Clifford J. Johnson, CEO , on behalf of Hera Property Registry, LLCcertify Print Name and Title Company Name that Hera Property Registry, LLC does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Vendor, I hereby certify that the company identified above in the section entitled 'Vendor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. THIS PAGE TO BE SUBMITTED ALONG WITH QUOTE IN ORDER FOR PROPOSAL TO BE CONSIDERED COMPLETE Request for Quote No, DEV23-057R— Foreclosed, Abandoned, and �Pffi4roperty Consultant 61 P .i k, � 85 19. 01119kilra 1 DATE �IGNATURE Axe] kilo" THIS PAGE TO BE SUBMITTED ALONG WITH QUOTE IN ORDER FOR PROPOSAL TO BE CONSIDERED COMPLETE Request for Quote No, DEV23-057R — Foreclosed, Abandoned, and iftPliroper y Consultant 71 Pa l� c 86 CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES Quote Name.: ADMINISTRATOR OF RECORD FOR ABANDONED/FORECLOSED/VACANT PROPERTIES Quote No.: DEV23-057R 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor, proposer, or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for 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. 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. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-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) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. 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. THIS PAGE TO BE SUBMITTED ALONG WITH QUOTE IN ORDER FOR PROPOSAL TO BE CONSIDERED COMPLETE 1 Request for Quote No. DEV23-057R — Foreclosed, Abandoned, and 'VgQ ir3goperty Consultant 8 I P ,_ :! " 87 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the 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. Company Name: Hera Propert egistry, LLC Authorized Signature: Print Name: Clifford J. nson Title CEO Date: Phone: (321) 234-5303 STATE OF FLORIDA ) COUNTY OF BREVARD ) The foregoing instrument was acknowledged before me by means of fa physical presence or n online notarization, this r day of September 2023 by Clifford J. Johnson on behalf of ,p Hera Property Registry, LLC . He/she is personally known to me or has produced C�I� 4a�P"••., EILEEN SHAFFER 6,385AXE ` OT P LIC *s. Notary Public • State of Ftaridr. Commission N HH 355526 � ` My Comm. Expires Jan 29. 20 ' (Name of otary Typed, Printed or Sta ped) Bonded through National Notary astir:• Title or Rank Serial number, if any THIS PAGE TO BE SUBMITTED ALONG WITH QUOTE IN ORDER FOR PROPOSAL TO BE CONSIDERED COMPLETE Request for Quote No. DEV23-057R — Foreclosed, Abandoned, and �9&00roperty Consultant 9 111 a 88 To All Proposers: The undersigned proposes to deliver the service in accordance with the specifications for the sum $ $300.00 $ $150.00 TOTAL FEE FOR EACH PROPERTY TOTAL FEE TO BE PAID TO THE CITY FOR EACH PROPERTY. PRICESALL It is further agreed that the Vendor will pay the City their portion of the agreed amount within 30-45 calendar days from the date of receipt of fee from the Lenders. Hera Property Registry, LLC COMPANY NAME DATE Clifford J. Johnson, CEO REPRESENTATIVE (please print) TITLE ,,,, - �IIW TI RE (321) 234-5303 N/A TELEPHONE No. FAX No. cjohnson@heraregistry.com EMAIL ADDRESS THIS PAGE TO BE SUBMITTED ALONG WITH QUOTE IN ORDER FOR PROPOSAL TO BE CONSIDERED COMPLETE Request for Quote No. DEV23-057R — Foreclosed, Abandoned, and Vacant Property Consultant 10 I ]fb a , e E CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/12/2023 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 the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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 CONTACT NUTMEG INS AGENCY INC/PHS 76210775 NAME: PHONE (888)925-3137 (A/C, No, Ext): FAX (888)443-6112 (A/C, No): The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURERA: Hartford Underwriters Insurance Company 30104 Hera Property Registry, LLC INSURER B: 1900 S HARBOR CITY BLVD STE 21 INSURER C : MELBOURNE FL 32901-4749 INSURER D INSURER E: PREMISES Ea occurrence 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 IND ICATED.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. INSP LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/Y LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence MED EXP (Any one person) $10,000 X General Liability A 76 SBU AY9R14 07/12/2023 07/12/2024 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY❑ PRO- ❑ LOC JECT PRODUCTS - COMP/OPAGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 Ea accident BODILY INJURY (Per person) ANY AUTO A ALL OWNEDSCHEDULED AUTOS AUTOS 76 SBU AY9R14 07/12/2023 07/12/2024 BODILY INJURY (Per accident) X HIRED NON -OWNED AUTOS X AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LAB OCCUR EACH OCCURRENCE EXCESS LAB CLAIMS- MADE AGGREGATE DED RETENTION $ WORKERS COMPENSATION PEROTH- AND EMPLOYERS' LIABILITY STATUTE I I ER E.L. EACH ACCIDENT ANY Y/N PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below A FailSafe Technology Errors or Omissions Liability 76 SBU AY9R14 07/12/2023 07/12/2024 I Each Wrongful Act $1,000,000 I Aggregate Limit $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Business Liability Coverage Part includes a Blanket Additional Insured By Contract Endorsement, Form SL 30 32. CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 35 90 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 If lz"7 L G?GILs2i?��iz2 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 35 90 / INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ACC?R o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) LTR 07/19/2023 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 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 CONTACT Christine McCrary NAME: Closson Insurance Agency, LLC (407) 898-1850 HICONNo (407) 898-2211 SAX Ext): No): 1201 S. Orlando Avenue E-MAIL CMcCrary@Clossonlnsurance.com ADDRESS: Suite 200 INSURER(S) AFFORDING COVERAGE NAIC # Winter Park FL 32789 INSURERA: Technology Insurance Company 42376 INSURED INSURER B: CRC Group Hera Property Registry INSURER C : 19011 S Harbor City Blvd INSURER D: Ste 211 INSURER E: Melbourne FL 32901 INSURER F: COVERAGES CERTIFICATE NUMBER: 7.18.23 Master 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE ❑ OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY ElPRO-❑LOC JECT PRODUCTS -COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY (Ea accident) $ BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIR/PARTN ER/EXECUTIVE OFFICER/MEMBMB ER EXCLUDED? F9N/A (Mandatory in NH) TWC4295350 07/12/2023 07/12/2024 X1 STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below 1,000,000 E.L. DISEASE - POLICY LIMIT $ B Cyber Liability ATB -6740289-01 07/18/2023 07/18/2024 Technology Liability $1,000,000 Network Security $1,000,000 Information Privacy Liabili $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and loges 4gistered marks of ACORD 91 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Hera Property Registry LLC ACCORDANCE WITH THE POLICY PROVISIONS. I 1 AUTHORIZED REPRESENTATIVE 1 4 1 U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and loges 4gistered marks of ACORD 91 REQUEST FOR QUOTE 6O dDM\\is"R O.^»`»\Cw22\#d ARIA* 0!.EDLORE, OSEDI,,»S£MO\:\2 92 0 REGISTRATION CHAMPIONS, LLC This Agreement is made as of this day of R 2023 by and between HERA PROPER REGISTRY, LLQ with a principal address 61900 S. Harbor City Blvd.. Suite 211, Melbourne. FL 32901 a the CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of Florid with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435, hereinafter referred to City)l. I WHEREAS, because of mortgage foreclosures on residential and commercial properties that are in violation of the City of Boynton Beach Code of Ordinances, the care of neglected lawns and exterior maintenance of structures is becorning a health and welfare issue in the City of Boynton Beach; and, WHEREAS, in order to promptly and efficiently address the issues related to the maintenance of foreclosed residential and commercial properties, the City Commission adopted Ordinance 09-040, the City's Property Registration Ordinance (the "Ordinance"); and WHEREAS, pursuant to the Ordinance the City desires to enter into this Agreement with jjjERA PROPERTY REGISTRY LL in order to provide services authorized pursuant to Ordinance 09-040, to �_C register vacant, abandoned, and foreclosed properties so that the City can properly address violations of the City's property maintenance codes (hereinafter "foreclosed property"). WHEREAS,.LttEUR will also provide an electronic registration process that is cost-free and revenue -generating for the City. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: RESPONSIBILITIES: A. VENDOR will cite the City's Ordinance to mortgagees and proactively contact those that file a public notice of default, lis pendens, foreclosure action, and or take title to real property via foreclosure or other any legal means as outlined in Exhibit "A". Vendor will electronically provide for registration of foreclosed properties in violation of applicable City ordinances. 3. VENDOR will pay for all expenses related to registration of all foreclosed property, and all administrative costs and fees related thereto, Vendor will investigate, report, or take corrective rneasures monthly to update property status of all foreclosed property electronically registered and in compliance with the relevant City ordinances. C. VENDOR will charge a fee of: Three HundreA_($300.PP per applicant to register all mortgagees who comply with Ordinance ("Registration Fee"). Vendor shall remit One Request for Quote No. DEV23-021 R - Forcclosed, Abandoned, 'and Vacam PFOPOTIV Consultant 24 1 P 93 of the services provided. Vendor shall forward payment of the City's portion of the registration fee to the City's Finance Department no later than the 15th day of the month during the term of this Agreement. D. VENDOR agrees to provide a website forthe registration of each foreclosed property in order to enable compliance with the City's ordinances. The website will direct registrants to the City's website, and further direct traffic, via a hyperlink, vendor®s website found at littps�://pu-ope-tyscal.)e-u-eg.c.lecl<au-c.l.cou-ii/vfliu--fl-lialu-ii_..I.)eacli- dity_of_ .I.)oynton_),.)each will automatically allow lenders and/or responsible parties to comply with the City's Codes. E. VENDOR will execute the City's website Link agreement and meet all City IT security, and anti. -viral requirements. 2. Indemnification: A, VENDOR shall indemnify and save harmless and defend the City, its -trustees, elected and appointed officials, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of Vendor, its agents, servants or employees in the performance of its obligations pursuant tothis Agreement, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments, reasonable attorney's fees, paralegal expenses, and court costs at both the -trial and appellate levels arising out of or in connection Frith the operations permitted under this Agreement. R. The parties recognize that various provisions of this Agreement, including but not necessarily limited 'to this Section, provide for indemnification by Vendor and requires a specific consideration be given -therefore. The par -ties -therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Vendor. Furthermore, the parties understand and agree that the covenants and representations relating 'to 'this indemnification provision shall serve the -term of this Agreement and continue in full force and effect as 'to 'the party's responsibility to indemnify. Vendor will indemnify and hold City harmless for any negligent acts of Vendor or for any violation of any intellectual property laws, contracts or statutes. 3. TERM. The initial Agreement period shall be for an initial -term of two (2) years, commencing on The City reserves the right to renew the agreement for an additional -three (3) one-year 'terms 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, 4. TERMINATION. This Agreement may be terminated by 6ther Party w'WN or wWhout cause, immediately upon -thirty (30) calendar days written notice. Upon -termination by City, the Vendor shall cease all work performed hereunder and forward to City any Registration Fees owed to the City. S. SCOPE OF SERVICES: VENDOR must cite the ordinance to the responsible person and inform that person of the requirement to register, Request Cor Q)uote No, DF V23-021 R Foreclosed, Mmndoned, and Vmmnt Property Consuhant I 11, :u �, c 94 VENDOR is required to collect all of the necessary information required to comply with the registration per City Code (Section 1 0-51.5); VENDOR shall select a responsible Property Manager. VENDOR must train and provide support with the responsible person in order for the lender to electronically register the information. VENDOR must collect the registration fee on behalf of the government and pay the government agreed upon rate. VENDOR must train and provide support to the government officials on the use of the procedure to attain the necessary information. VENDOR must provide the financial accounting for the registrations in compliance with the ordinance. VENDOR must provide the records of lenders not in compliance with the ordinance. 6. INSURANCE. VENDOR shall provide and maintain in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance as will assure to CITY OF BOYNTON BEACH the protection contained in the foregoing indemnification undertaken by vendor. B. Commercial General Liability Insurance with limits of no less than $1.,000,000.00. Bodily injury shall include operations and premises liability, products and completed operations, owners, and vendors protective liability and personal injury liability. C. Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non-- owned and hired automobiles and employee non -ownership with limits of not less than $1,000,000.00 per occurrence. D. Errors and Omissions Insurance limits of liability provided by such policy shall be no less than $1,000,000.00 to assure City the indemnification specified herein. E. A Certificate Of IIISUrance acceptable to the City shall be provided listing the above coverages and providing 30 days prior written notice to the City in the case of cancellation. "rhe City snail be narned as an additional insured and a certificate holder on the Commercial, General, Automobile, and Professional Liability Policies with a waiver of subrogation on the Workers' Cornpensation/Ernployer's Liability Policy. A copy of the certificate shall be emailed to the City's Risk Management Department: at the time the Vendor executes this Agreement. 7. OWNERSHIP AND USE OF DOCUMENTS. All documents, records, applications, files and other materials produced by the VENDOR in connection with the services rendered pursuant to this ROqUest Cor Quo(e No. DEV23-.021 K - Foreclosed, Abandoned, and Vacata Piopeny Consultant 26 1 P � 4 , 95 Agreement shall be the property of the City, and shall be provided to City upon request. Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information reference and use in connection with vendor endeavors. In the event of termination of this Agreement, any reports, records, documents, forms, and other data and documents prepared by, the vendor whether finished or unfinished shall become the property of the City, and shall be delivered by the vendor to the City Manager within seven (7) days of termination of this Agreement by either party. Any compensation due to vendor shall be withheld until all documents are received as provided herein. A. City shall have the right to audit the books, records and accounts of the Vendor that are related to this Agreement. Vendor shall keep such book, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. Vendor shall preserve and make available, at reasonable times for examination and audit by the City, all financial records, supporting documents, statistical records, and any other documents pertinent to his Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement, unless Vendor is notified in writing by the City of the need to extend the retention period. Such retention of such records and docurnents shall be at Vendor expense. if an audit has been initiated and aUdit findings have riot been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by the City to be applicable to Vendor records, Vendor shall comply with all requirements thereof; however, no confidentiality or aeon -disclosure requirement of eRher federal or state law shall be violated by Vendor. Any incomplete or Incorrect entry In such books, records, and accounts shall be a basis for City's disaHowance and recovery of any payment upon such entry, B. In addition, Vendor shall respond to the reasonable inquiries of any successor companies and allow and successor companies to receive, working papers relating to matters of continuing significance. In addition, Vendor shall provide a complete copy of all documents papers to the City, prior to any final payment, in accordance with this Agreement, 9. iNDEPENDENT CONTRACTOR, 'This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the VENDOR is an independent contractor under this Agreement and not the City's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment Insurance law. Vendor shall retain sole and absolute discretion in the judgment of the manner and means of: carrying out the vendor activities and responsibilities hereunder. Vendor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it make its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreerrient shall not be construed as creating any joint employment relationship between Vendor, including but not limited to unpaid minirnurn wages and/or overtime premiums. 10. NOTICES. Whenever any party desires to give notice unto any other party, it must be given by Re,qUCS1.farm (,)UoteNo. DIN23-071R Foreclosed, Ahandoncd, and Vacant Propeny (-'01131rdlant 27 1 r' M.- written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. Notice shall be deemed to have been given upon receipt. For the present, Vendor and the City designate the following as the respective places for giving of notice: A. All Notices to the City shall be sent to: City: City of Boynton Beach Attention: Daniel Dogger, City Manager 100 E. Ocean Avenue Boynton Beach, Florida 334-35 Telephone: (561) 742-6010 Copy: Weiss Serota Helfman Cole + Bierman Attention: David N. Yokes., City Attorney 2.255 Glades Road, Suite 200 E Boca Raton, FL 33431 Telephone: (561) 835-2111 Vendor: Hera Property Registry, LLC 1,000 S. Harbor City Blvd. Suite 211 Melbourne, FL 32901 Telephone: (321) 234-5303 Ernail:(-flnorr lk ( L ttlL>11e_E ma'_La:�?m is 11. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by the vendor without the prior written consent of City. For purposes of this Agreement, any change of ownership of the Vendor shall constitute an assignment which requires City approval, However, this Agreement shall run to the City and its successors and assigns. 12. AMENDMENTS. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13. BINDING AUTHORITY. Each per -son 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 whore he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 14. LAWS AND ORDINANCES, Vendor shall observe all laws and ordinances of the City, county, state, federal or other public agencies directly relating to the operations being conducted pursuant to this Agreement. 15. EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, Vendor shall riot discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. RCLIUCSt for Moate No. DEN23-021 K Foreclosed, Abandoned, and Vacant 11toperly Consultant 28 1 P t , 97 16WAIVER. Any failure by City to require strict compliance with any provision of this Agreement shaII not be construed as a waiver of such provision, and City may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 17. 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. 18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 19, ATTORNEY'S FEES AND COSTS. In the event of a dispute arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, paralegal expenses, and costs, including fees and costs Incurred at all pretrial, trial and appellate levels. M ENTIRE AGREEMENT, This Agreement represents the entire and integrated agreement between the CITY and the VENDOR and supersedes all prior negotiations, representations or agreements, either written or oral. 21. The City is public agency subject to Chapter 1.19, Florida Statutes. The Vendor shall comply with Florida's Public Records Law, Specifically, the Vendor shall: A. Keep and rnainta@n public records required by the City to perform the service; B. Upon request frorn 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 tirne at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from pubfic record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records In its possession to the City; and D, Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor 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. ReqUCM f'or Ouote No. DEV23-02 I R -- Foreclosed. Abandoned, wid Vacant Piopetly Consultant 29 I i' , M. BOYNTON BEACH, FLORIDA, 33435 561-742-6060 C[tyC1erk@bbf1.us 22. SCRU11NIZED COMPANIES - 287.135 AND 215.473, By execution of this Agreement, Vendor certifies that Vendor is riot participating in a boycott of Israel. The vendor -further certifies that Vendor is riot on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract, The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. if such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was rnade in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as arnended from time to time. 23. E-VERlFY. 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 time and briefly described herein below. 1. Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such ernployer in exchange for a salary, wages, or other rernuneration. "Contractor" includes, but is riot limited to, a vendor or consultant, B. "'Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or, another subcontractor in exchange for a salary, wages, or other remuneration, C, "'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; Terrnination: 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. Contractor shall register for and utilize the U,S. Department of Homeland Security's E -Verify Systern to verify the ernployrnent eligibility of: A. AH persons ernployed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Rquest Im, Quote No D FV23-0211k - Foreclosed, A bandonod, and V',icant Property C.onsultanl 30 �4141 Beach. The Contractor acknowledges and agrees that registration and use of the U,S. Department of Horneland Security's E -Verify System during the term of the contract is acondition of the contract with the City of Boynton Beach; and C. The Vendor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. 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 riot 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. 24. DISPUTES. Arty 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 cornpetent jurisdiction in Palrn Beach County, Florida, This Agreement shall be construed under Florida Law. 25, LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount rernaining due to Vendor under the Agreement., regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exernplary damages or for lost profits or consequential darnages. 26. INDEPENDENT CONTRACTOR/VENDOR. The Agreement does not create an employee/employer relationship between the Parties, It is the intent of the Parties that Vendor is an Independent vendor pursuant to the Agreement and shall not be considered the City's ernployee for any purpose, 27. COMPLIANCE WITH LAWS. Vendor hereby warrants and agrees, that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, local laws, rules and regulations, including Section 501,171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. Siq170ture Page to follow 31 1 100 -This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original 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 - day of 2023. CITY OF BOYNTON BEACH, FLORIDA HERA PROPERTY REGis-rRY, LLC Daniel Lugger, City Manager (Si e), Company Print Narne of Authorized Official -- ce6 Title Approved as to FormSTATF" 01l"I-,0R1f)A ("OUNTY 01' 13R[','VARI) The foregoing instrUrnCnt W(IS executed and acknowledged before me this 26"' day ofSept., David N. Tolces, City Attorney 2023, by ( "Ilifford J. John �8 n as I. Of I fera Property lZegistry, L1,C by pnysical'presence, and who is personally known to me. Attest/AUthentica ed: Attested/AU thentccated: (Signature), Vftmem 41- Maylee De Jesus, City Clerk NoPrtptlNdThe, State of l"lorida, l"ileen Shaffer I lornhake My C'oinn'dssion IApires.lalkiary 29, 2027 Request foo Quote No. DFV23-021 K - Foreclosed, Abandoned, and Vacant Property Consultant =It"ORNIAKE E: bL E EAN Notary polic - Skate of Florida Commission # H14 355526 My Comm. Expires Jan 29, 2:027 W 16nde4 OUlh W0160611 NOUry AM, 321 k' a :,. � 101 City oj*Boynton Beach Risk Management Department INSURANCE ADVISORV FORM Under the terms and conditions ot'all contracts, leases. and agreements, the City requires appropriate coverages listing the City ol'Boynton Beach as Additional Insured. J his is done by providing a Certificate ol'Insurance listing the City as "Certificate I folder" 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 n7a.Y be aceel')ted as proql'of'insurance il'Cerlilieale is provided ul.)on seleetion (.?/ vendor.) The following is a list of types of" insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: 'rhis 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.) = (Occurrence Based Only) Gieneral Liability Commercial General Liability Owners & Contractor's Protective (0CP) Asbestos Abatement Lead Ahaternellt Broad Form Vendors Premises 0pera(ions Underground FXj)10Si0rl & COflaflSe Products Completed Operations Conwaauaf Independent Contractors Fire Legal Liability Professional Liability ------------------------------- — ----------------------- Automobile Liability Any Auto All Owned Autos Hired Aulos Nora -Owned Autos --.1 -------------------- FAcess Liability Umbrella Form I Worker's Compensation Statutory 1,injits F.mployer's LiabiliYy Property: I ion-leovyrners Revocable Permit Builder's Risk Installation Floater -------------- I ------------- I ---------- I ------------------------- 0ther - As Risk ldentifi(:Md to be determined -------- I ------------------------------------------------------ - ------- INS( 1RANCFADVISORYFOR M Revised 04/2021 General Aggregate s lj)ffojxw.00 Products-C,orrip/Op Agg. $ 1,000,000.00 Personal & Adv. In ' jury $ 1,000,000.00 Each Occurrence S 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Fxpense (any one person) $ 5,000.00 ----------------- ----------------------- Aggregate - $1,000,000.00 Combined Single LJrnit S 1,000,000.00 Each Occurrence Aggirep,ate � C to be determined to he determined -------------------- Fach Accident Disease, Policy Linlit Disease Bach 1,111,11floyee lmo,000.00 ----------_________________---------------------------------- RQquesl for Quole No, DEV23-021 R Foreclosed, Abandoned, and Vacant Property Consultant S 300,000.00 Limits based on Pro ' ject Cost Linlits based oil Project Cost 33 1 1' 102 A co HEI PING BUR D VIBf,'AN 7" IVEIGHBOF?HOOD la �, i� VIA EMAIL Attn: Taralyn Pratt, Contract Administrator (rattti c(x�bbfl.us) City of Boynton Beach Finance / Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33425 1900 S. i-iarbor City Blvd. Suite 211 Melbourne, Pi 32901 (321) 234-0303 herare gistry.corn vprrr(cr7herare gistry.corn Re: RLI No. DEV23-057R - Administrator of Record for Abandoned/Foreclosed/Vacant Properties — Notice of Intent to Sole Source Dear Ms. Pratt, Hera Property Registry, LLC ("HERA") would like to announce its interest in managing the project as described in the City of Boynton Beach's ("City") RLI No. DEV23-057R - Administrator of Record for Abandoned/Foreclosed/Vacant Properties — Notice of Intent to Sole Source. HERA shall meet or exceed all requirements in the Request for Letter of Interest (RLI) as outlined below and will provide all services necessary to create an application for property owners and/or their agents for registration of properties that are in foreclosure within the City's requirements. HERA offers comprehensive and proactive property registration services across the entire nation, catering to the needs of local governments. The best part is that our clients can access these invaluable services without any upfront expenses, as HERA's costs are fully covered through a portion of the registration fees collected from responsible parties. HERA has the experience and resources necessary to create and maintain registration services for mortgage - in -default properties in accordance with the requirements of City Code (Section 10-51) Abandoned or Lost Property on Public Property, Procedure. To the best of our knowledge, Hera Property Registry, LLC is the sole provider of foreclosure registration services with exclusive use of a patented proprietary platform by Deckard Technologies. Deckard's unique system has achieved remarkable advancement, leading to its successful patenting under the title "Detecting and Validating Real Estate Transfer Events Through Data Mining, Natural Language Processing, and Machine Learning," with the reference US Patent No. 20190333175-A1. No other entity has or can have this advanced machine learning and natural language processing capability to identify and track real property. Therefore, the product and service we are able to provide falls under the sole -source clause authorized by Florida Statute, Title XIX, Chapter 287, Procurement of Personal Property and Services, Section 287.057(3)(c). Respectfully submitted, Clifford J. Johnson, CEO and Contact person DE-CKARD Powered by t; Provider of r'entals ca ct 61,11 1 L C: V W I`C 0 1 0 C: V IF S 103 Consultant must cite the ordinance to the responsible person and inform that person of the requirement to register; HERA will determine the appropriate party responsible for compliance with the City Code and proactively notify the responsible party of their obligations under City Code (Section 10-51). Consultant is required to collect all of the necessary information required to comply with the registration per City Code (Section 10-51) attached; and to select a responsible Property Manager. We will review the City Code Section 10-51, identify all past and current registrable properties in the City through our data mining platform and analysis process, and create a database containing all properties with an obligation to register. We use multiple data sources to identify all properties in the City that have an obligation to register and provide all relevant data for the properties (including properties that meet the registration criteria at the time services are contracted). Consultant must train and provide support with the responsible person in order for the lender to electronically register the information Using its proprietary platform, HERA will provide a web -based electronic registry and fee payment system for property registration, collection of registration fees, tracking of properties with obligations to register, and reporting tools. We will provide all instruction, training, and customer service necessary to facilitate the mortgagee, servicer, or their registrant in registering properties in the platform. Consultant must collect the registration fee on behalf of the government and pay the government agreed upon rate per proposal attached. We will collect and remit all registration fees in accordance with City requirements. We will work with the City to establish an acceptable process for financial remittance and auditing. Registration accounts are posted with payment data within our system. HERA's integrated payment processing accepts payment using ACH/EFT, debit, or credit card. Importantly, HERA is NACHA and PCI compliant. 104 Consultant must train and provide support to the government officials on the use of the procedure to attain the necessary information • We provide training of City staff during onboarding and ongoing as needed. • We can attend City work sessions on foreclosure and real property registration trends and related issues. • We participate in real property registration -related events and meetings when requested. • We provide reports and assist in preparing real property registration -related presentations when requested to the City and other groups. • We work closely with code enforcement to ensure high compliance rates and adherence to all legal requirements. Consultant must provide the financial accounting for the registrations in compliance with the ordinance. We will provide comprehensive compliance reports via the City portal on a monthly basis, or as requested, regarding the real property registry to facilitate enforcement, compliance, or reconciliation processes. Our team works on a secure shared platform that is accessible by City staff to monitor all activity of foreclosure registration efforts. This report: • Is delivered monthly and available to City staff for download on demand. • Provides all information on properties that were registered within the month including property address and APN, obligation to register dates, registration fees paid, and demographic information for the responsible parties. • Provides the current status of a property. • Provides information on recent payments made through the registration platform. • Provides information on registration periods owed. ➢Consultant must provide the records of lenders not in compliance with the ordinance. We provide a non-compliant report on demand or by request. This report: • Shows all properties that have not registered in accordance with the City Code. • Shows registration periods owed along with the associated registration fees owed. • Shows gaps in payment so HERA staff can reach out to the responsible party to aid in compliance and secure revenue for the City. 3 105 Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition - Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. r 7�Requestor rtment..... . Division Community Standards .. . . ........................ ... ......._............. _....... Point of Contact Tanya Guim or Candice Stone Phone Number 1561-742-6120 Vendor ...............,,,....„.. ....... . Company Name Hera Property Registry LLC �, ..,_..... Address 61900 S. Harbor Ci tyBlvd., Suite 211, Melboume, FL 32901 . ,,,,,,,,, _ ___r.... Phone Number 321) 234-5303 .... ........................................................ _. ................ __________ Point of Contact and Title Eileen S. Hornbake Paralegal 1 Sr. Data Analyst A Fetter of interest request ues�� ,�� .. _ . �� What other vendors were q t was posted on Damon Star for two weeks to contacted? (List company name, contact, and phone obtain vendors who were interested in providing abandoned property number and explain why registration services for the City. Only Hera Property Registry LLc they were not suitable) responded to the post. ......... Product or Service Product/Service Name NIA ® o� Manufacturer Make/Model # ......... ____ Price Did you negotiate the terms or prices with the vendor? ❑ Yes ❑ No ........... __ ........ .... .... - -- ........................ _..... . .............................. —_____ Why is this price considered to be fair and reasonable? The registration cost was negotiated. 1Nhen determining our fee, we took into account what other cities were charging. ...... ....... ......... ........ ------ 106 Purchasing Division Sole/Sln le Source Justification Form Will this purchase obligate services, or re-purchase for compatibilitye areason __. J . �. p g City p r vendor in the future's (Either in terms of maintenance, p s) ❑ Yes 0 No Wall el i This is a sole source because (choose any that apply): ❑ Sole provider of a licensed or patented good or service ❑ Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑✓ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the m ...... ................ _.....__ m. �....availability,etc. City and is advantageous to the City. (Please provide information on current market rices ) What necessary features does this vendor provide which are not available from other vendors? Please be specific. Flere P ,l i LLC prwttles the -11i date mllecLan I eeel,ah, and ajft a sondw 6o Vuvii Al eenrkee -Oned In the Scope of SeMcee and h eomrdaiee 01, the %,IUI rft of M et Boynbn Beech Cade & O ini 109-090 Serum 10-61,6. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. 'iiy department's recommendation for a sole source purchase is based upon an objective review of the producttservice required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other K.. nown supiiers that exist. - _..M. _._... ,. 9 epartme t.Director 09/26/23 Signature Date .... ....... ............... mm 2. Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend ❑X 1 do not recommend ❑ this being certified as a sole source. Required ❑ 1 not requiredl be, ad ; rtised for a period of 7 business days before award. 10/6/2023 Signature Date 107 W. Consent Agenda 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Proposed Resolution No. R23-144- Interlocal Agreement for Law Enforcement Services Between Palm Beach County and the City of Boynton Beach - Manatee Protection Conservation Program. Requested Action: Approve and authorize the City Manager to sign an interlocal agreement between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for law enforcement services in connection with administering the manatee protection conservation program. Explanation of Request: The Board of County Commissioners has established and is administering a program of conservation that provides for increased law enforcement presence in the County's waterways as one means of greater manatee protection. The Interlocal Agreement allows for the use of law enforcement officers from the Boynton Beach Police Department and for the reimbursement for law enforcement services at a rate of $87.50 per hour for services performed under the Interlocal Agreement. The City of Boynton Beach and Palm Beach County have had Interlocal Agreements over the past several years for the same services. The funds received for services will cover the overtime hours worked and go towards fuel and maintenance of the marine boat. Previous years reimbursed: FY 22/23 $16,660.00 FY 21/22 $21,987.50 FY 20/21 $18,460.00 How will this affect city programs or services? The agreement allows for increased law enforcement presence in the intracoastal waterways as one means of greater manatee protection during the manatee season. Fiscal Impact: Previous years reimbursed: FY 22/23 $16,660.00 108 FY 21/22 $21,987.50 FY 20/21 $18,460.00 Attachments: R23-144 Resolution approving ILA with PBC for Law Enforcement Services - Manatee Program 109 1 RESOLUTION NO. R23-144 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY MANAGER TO 6 SIGN AN INTERLOCAL AGREEMENT WITH PALM BEACH 7 COUNTY FOR LAW ENFORCEMENT SERVICES IN 8 CONNECTION WITH ADMINISTERING THE MANATEE 9 PROTECTION CONSERVATION PROGRAM; AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 13 WHEREAS, The Board of County Commissioners has established and is administering a 14 program of conservation that provides for increased law enforcement presence in the County's 15 waterways as one means of greater manatee protection; and 16 WHEREAS, this Interlocal Agreement allows for the use of law enforcement officers 17 from Boynton Beach Police Department and for the reimbursement at a rate of $87.50 per 18 hour for services performed under the Interlocal Agreement; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 20 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton 21 Beach to approve and authorize the City Manager to sign the Interlocal Agreement with Palm 22 Beach County which expires March 31, 2028, for law enforcement services in connection with 23 administering the manatee protection conservation program. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption S:ACA\RESO\Agreements\ILA with PBC for Law Enforcement Services - Manatee Prograin - Reso.doc 110 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 30 the City Manager to sign an Interlocal Agreement between the City of Boynton Beach and 31 Palm Beach County which expires March 31, 2028, for law enforcement services in connection 32 with administering the manatee protection conservation program. A copy of said Interlocal 33 Agreement is attached hereto and incorporated herein by reference as Exhibit "A". 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 17th day of October, 2023. 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 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\ILA with PBC for Law Enforcement Services - Manatee Prograin - Reso.doc 111 6.E Consent Agenda 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Proposed Resolution No. R23-145- WXEL Access Easement and Maintenance Agreement. Requested Action: Approve and authorize the Mayor to sign the proposed Easement and Maintenance Agreement between the City of Boynton Beach (Grantor) and South Florida PBS, Inc. (Grantee) to plant and maintain a visual buffer provided within an approved landscaping plan within the adjacent City owned property. Applicant: Bradley Miller, Urban Design Studio. Explanation of Request: On July 1, 2022, South Florida PBS, Inc. received approval of a Minor Site Plan Modification for a new 7,161 square -foot addition to the existing WXEL broadcast studio building located at 3401 South Congress Avenue with associated site improvements, including additional parking. The approval proposed locating the required five (5) -foot landscape buffer within an easement located on City -owned property (Exhibit A) located west of 3401 South Congress Avenue, and was conditioned to obtain an easement agreement on the City -owned property for the provision of the landscape buffer. South Florida PBS, Inc. is requesting approval of the proposed Easement and Maintenance Agreement (Exhibit C) in order to install the required five (5) -foot landscape buffer (Maintenance Easement Area) on the adjacent City -owned property (Exhibit A). The city - owned property is mostly undeveloped except for a water feature located towards its center, and the northern portion, which consists of park improvements for Barrier Free Park (sidewalks, trees, etc.). The agreement will allow for the installation and regular maintenance of the landscape buffer located within the proposed Maintenance Easement Area. Furthermore, the applicant will also provide a completed Hold Harmless Agreement (Exhibit D), absolving the City from any legal liabilities and restoration costs associated with the removal of the landscaping. How will this affect city programs or services? N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: R23-145 Resolution approving Easement and Maintenance Agreement with South Florida PBS-_Reso.pdf Exhibit A - Location Map 112 Exhibit B - Easement and Maintenance Agreement Cover Letter Exhibit C - Easement and Maintenance Agreement Exhibit D - Hold Harmless Agreement Exhibit E - Legal Description and Sketch 113 I RESOLUTION NO. R23-145 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE PROPOSED 4 EASEMENT AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH (GRANTOR) AND SOUTH FLORIDA PBS, INC. 6 (GRANTEE) TO PLANT AND MAINTAIN A VISUAL BUFFER PROVIDED 7 WITHIN AN APPROVED LANDSCAPING PLAN WITHIN THE ADJACENT 8 CITY OWNED PROPERTY; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, on July 1, 2022, South Florida PBS, Inc. received approval of a Minor Site 11 Plan Modification for a new 7,161 square -foot addition to the existing WXEL broadcast studio 12 building located at 3401 South Congress Avenue with associated site improvements, 13 including additional parking; and 14 WHEREAS, the approval proposed locating the required five (5) -foot landscape buffer 15 within an easement located on City -owned property west of 3401 South Congress Avenue, 16 and was conditioned to obtain an easement agreement on the City -owned property for the 17 provision of the landscape buffer; and 18 WHEREAS, the agreement will allow for the installation and regular maintenance of 19 the landscape buffer located within the proposed Maintenance Easement Area; 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 the proposed Easement and Maintenance Agreement 23 between the City of Boynton Beach (Grantor) and South Florida PBS, Inc. (Grantee) to plant 24 and maintain a visual buffer provided within an approved landscaping plan within the 25 adjacent City owned property. 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:ACA\RESO\Agreeuents\Easeuent And Maintenance Agreement With South Florida PBS - Reso.Docx 114 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 the proposed Easement and Maintenance Agreement between the City of Boynton Beach (Grantor) and South Florida PBS, Inc. (Grantee) to plant and maintain a visual buffer provided within an approved landscaping plan within the adjacent City owned property. A copy of the Easement and Maintenance Agreement is attached hereto and incorporated herein by reference as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 17th day of October, 2023. ATTEST: Maylee Ue 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\Agreeuents\Easeuent And Maintenance Agreement With South Florida PBS - Reso.Docx 115 116 October 5, 2023 Andrew Meyer Development, Planning & Zoning CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach, FL 33435 RE: WXEL/ South Florida PBS 3401 S Congress Avenue Request for Landscape Easement — Agenda Item Dear Mr.Meyer: urian den siuy,o Urban Design Land Planning Landscape Architecture Please accept this request for a landscape easement agreement to address Condition of Approval # 3 from MMSP 22-019 which stated that "Prior to the issuance of a building permit, provide evidence of an exectuted landscape agreement for the 5' landscape buffer proposed on the adjacent city property west of site as indicated on the landscape plan". This landscape buffer is essentially being relocated from on-site at the WXEL facility to the Barrier Free Park directly to the west. After site plan approval it was discovered that the proposed location of the landscape easement was in conflict with an existing force main on the city property. To address that concern, the proposed landscape easement was relocated 15' to the west to avoid any potential conflicts. Please let me know if you have any questions or need additional information regarding this request. Thank you for your attention to this matter. Sincerely, URBAN DESIGN STUDIO w Bradley Miller Principal Attachments: Hold Harmless Waiver Legal Description & Legal Sketch 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 P:561-366-1100 www.udsflorida.com LA0001739 117 This instrument prepared by: David N. Tolces, Interim City Attorney Weiss Scrota Helfman Cole + Bierman, P.L. 2255 Glades Road, Suite 200E Boca Raton, FL 33431 ACCESS EASEMENT AND MAINTENANCE AGREEMENT THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT (the "Agreement") made this day of , 2023, by and between CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation ("GRANTOR") whose address is PO Box 310, Boynton Beach, Florida 33425, and SOUTH FLORIDA PBS, INC., a Florida not-for-profit corporation ("GRANTEE"), whose address is 3401 S. Congress Avenue, Boynton Beach, Florida 33426. WITNESETH: WHEREAS, the GRANTOR owns certain parcels of real property located in Palm Beach County Florida, adjacent to the GRANTEE's real property, further described in Exhibit "A" ("City Property"); and WHEREAS, the GRANTOR will grant a non-exclusive permanent easement to the GRANTEE in order for the GRANTEE to plant and maintain the visual buffer provided by landscaping plan attached as Exhibit "B" on the City Property (the "Landscaping") on the property legally described in Exhibit "C" (the "Easement Parcel"); and WHEREAS, the GRANTOR has requested that the Easement Pracel be relocated fifteen (15) feet west of and parallel to the where the Landscaping is located on Exhibit "B" to avoid conflict with an existing City utility; and WHEREAS, the Landscaping shall be planted, repaired, replaced and maintained by GRANTEE, pursuant to the terms and conditions contained herein; and, WHEREAS, the GRANTEE will agree not to construct anything of a permanent nature or make a material alteration within the Easement Parcel without GRANTOR's approval; and, WHEREAS, the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set forth above would be through the granting of this easement to the GRANTEE, together with the right of entry into the Easement Parcel for the maintenance of the Landscaping, within the Easement Parcel. NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and NO/ 100 ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: The aforesaid recitals are true and correct and are incorporated herein. 118 2. The GRANTOR hereby grants and conveys to the GRANTEE an easement for the purpose of maintaining the visual buffer provided by the Landscaping within the Easement Parcel. GRANTEE hereby agrees to maintain the Landscaping, as set forth herein. For purposes of this Agreement, the term "maintenance" shall include, the maintenance, repair and replacement of such parts and/or portions of said Landscaping as are deemed to be necessary by the GRANTOR in the event of total or partial destruction or degradation of the Landscaping. Notwithstanding the foregoing, the GRANTEE shall not make any material alterations to the Easement Parcel without first securing the requisite consent of the GRANTOR, which may be withheld in GRANTOR's sole and absolute discretion. 3. This Agreement shall not be changed, altered or amended except by an instrument in writing executed by GRANTOR and GRANTEE or their respective successors and assigns. 4. GRANTOR further agrees to sign any applications and documents reasonably necessary for any permits which the GRANTEE may require to submit to any local, state, or federal agency in association with the establishment and maintenance of the Landscaping. GRANTEE agrees to pay any and all fees associated with obtaining any permits from any local, state, or federal agency for the establishment and maintenance of the Landscaping. 5. GRANTEE shall ensure that all of the GRANTOR'S property disturbed and used by GRANTEE pursuant to this Agreement is returned to its original condition by GRANTEE as of the date GRANTEE commenced such use, at the GRANTEE's own cost. The GRANTEE shall inform all parties performing work for it that such parties shall not have the right to file any liens against the City Property, and, if any such liens occur, then the GRANTEE shall remove any such liens, or the GRANTEE shall release or transfer to bond any such liens, within thirty (30) days of notice thereof. The GRANTEE agrees to indemnify the GRANTOR for any liability that the GRANTOR may have as a result of the GRANTEE's responsibilities under this Agreement arising out of any grossly negligent acts, errors, omissions or willful misconduct of the GRANTEE and/or the GRANTEE parties related to any work performed under this Agreement, including the duty to maintain the Landscaping in the Easement Parcel by the GRANTEE. The GRANTEE represents that at all relevant times that the GRANTEE has adequate insurance and any contractor hired by the GRANTEE must provide proof of such insurance, prior to the commencement of any work on the Easement Parcel; provided that the foregoing insurance obligation of GRANTEE may be satisfied via self-insurance for so long as the aggregate net worth of GRANTEE and its affiliated business organizations (as determined in accordance with generally accepted accounting principles) is at least $250,000,000.00. 6. This Agreement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of the GRANTOR or GRANTEE, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the City Property and all subsequent owners and/or tenants of the portion of property presently leased by GRANTEE which is adjacent and contiguous to the Easement Parcel, and all persons claiming by, through and under them. 7. The terms of this Agreement may be enforced by GRANTOR by injunctive relief and any other available remedies. By way of example, and not limitation, GRANTOR shall be 2 119 entitled to enjoin any activity or use of the City Property or the Easement Parcel that is inconsistent with the rights granted to the GRANTEE pursuant hereto. In the event the GRANTEE fails to maintain the Landscaping after reasonable written notice to GRANTEE, the GRANTOR may choose to maintain the Landscaping and charge the GRANTEE for the work performed. Payments for said work shall be made by GRANTEE to GRANTOR within thirty (30) days of receipt of invoice. 8. In the event of any litigation in connection with this Agreement, each party shall be responsible for its court costs and reasonable attorney's fees. Venue for any litigation filed in relation to this Agreement shall be filed in state court in Palm Beach County, Florida. 9. If any provision in this Agreement shall be determined to be invalid by a court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGES] 120 Signed and Sealed the day and year first above written. WITNESSES: GRANTEE: South Florida PBS, Inc., a Florida not-for- profit corporation. By: Dolores Fernandez Alonso Title: President & CEO Print Name: Print Name: STATE OF FLORIDA ) ss COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this (date) by Dolores Sukhdeo (name of officer or agent, title of officer or agent), as CEO of SOUTH FLORIDA PBS, INC., a Florida not-for-profit corporation, on behalf of the corporation. She is 0 personally known to me or ❑ has produced (type of identification) as identification. My commission expires: My commission number is: n NOTARY PUBLIC, STATE OF FLORIDA Printed Name of Notary (Notary Seal) 121 GRANTOR: CITY OF BOYNTON BEACH, a Florida municipal corporation MAYOR TY PENSERGA Signed, sealed and delivered in the presence of: (Witness signature) (Print name of Witness) (Witness signature) (Print name of Witness) APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY, that on , before me by means of online notarization, or physical presence, an officer duly authorized in the State and County aforesaid to take acknowledgments, Ty Penserga personally appeared as Mayor of the City of Boynton Beach on behalf of the City, and said person(s) either ( ) produced the following as identification , or ( ) are personally known to me. WITNESS my hand and official seal in the County and State as listed above, this day of 2023. Notary Public Signature Print Name of Notary Public My Commission Expires:_ [Seal] 5 122 EXHIBIT A CITY PROPERTY 123 EXHIBIT B LANDSCAPE PLAN 124 Y �Z �y f P& v; ii r<» n��Ir�� t "I �va�N ' � & Y u a n�H � 124 EXHIBIT C EASEMENT PARCEL SKETCH OF DESCRIPTION EXI - 181 T „A" SHEET 1 OF 2 THAT PART OF SECTION 6, TOWNSHIP 46 SOUTH; RANGE 43 EAST, PALM BEACF / COUNTY, Fl. ORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT 7 HE NORTHEAST CORNER OF' SAID SECTION 6,. 7 HL NCE WITH A BEARING OF SOUTH, ALONG THE EA S T LINE OF SA 0 SECTION 6, A DISTANCE OF 178,5.92 FEET TO A POINT, THFNCF WITH A BEARING OF WF.ST, A DISTANCE OF 5300 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS A VENUE, THENCE' NOR 7H 85°30'30" WEST; A DISTANCE OF 37114 FEET MORE OR LESS TO A POINT ON A LINE J70.0 &T WEST OF AND PARALLEL TO THE SAID WEST RIGHT OF WA Y OF CONGRESS A VF NUF; THF-NCF, WEST, A DISTANCE OF 15.00 FEET TO A POINT ON A LINE 385.0 FEET WEST OF AND PARALLEL TO THE' WEST RIGHT OF WAY LINE OF SAID CONGRESS AVENUE; THENCE SOUTH, ALONG SAO PARALLEL LINE, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING, T11FNCF CONTINUE SOUTH,, A DISTANCE OF 286.00 FEET; THENCE WEST, A DISTANCE OF 5.00 FEET TO A POINT ON A LINE 390.0 FEET WES7 OF. AND PARALLEL TO THE WEST RIGHT OF' WAY LINE OF SAID CONGRESS AVENUE THENCE NORTH A DISTANCE OF 286:00 FFFT,- THENCE FAST, A DISTANCE OF 5.00 FEET TO THF POINT OF BEGINNING. Paul D. f,ftc ally mqm�d by PdLA D. Fnqe Engle1W.023.,,,0, W2951 -04'00' PAU D. FAIGLE SURVEYOR & MAPPER NO. 5708 DA M OC 7 OffR 05, 2023 125 EXHIBIT C EASEMENT PARCEL SKETCH OF DESCRIPTION EXHIBIT ',4" SHEET 2 OF 2 CITY N.E. CORNER SECTION 15, 80 YN TON BEACH TOWNSHIP 46 SOUTH 15,00, RANGE 43 EAST AND WEST POINT OF COMMENCEMENT 37129' SURVEY ---- 371.14' DEED rr X4.26WEST .0 1v85*3030,,W zoil 5.0- 1 18� EAST -3900' - IZ Ij _J85.0'..cCi - J70.0' 15.01 5.00 WEST EVSTAG LFT S ff)A J80.00 EAST 363.00' 370.00' WEST 60.0' FENGL E LAND SUR VE YM 1. L C CER TIFICA TE OF A U rhORIZA TION 11L B84 4 7 L380.00' Zz vi SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE PAUL D ENGLE T 955 N. W. 17TH A VENLE, SUf TE K-1 ORDER NO. 21-10ILANDSCAPE EASEMENT" DEL RA Y BEACH FLORIDA 33445 (561 276-4501 (569 732-3279 :1 126 I/WE, property located at, THE CITY OF BOYNTON BEACH 100 East Ocean Avenue Boynton Beach, Florida 33435 HOLD HARMLESS AGREEMENT am/are the property owner(s) of the real Boynton Beach, Palm Beach County, Florida, having the following legal description: Property Control Number: As the Property Owner(s), agree(s) to protect, defend, indemnify and hold the City of Boynton Beach, its officials, employees and agents, or successors thereof, harmless from and against any and all lawsuits, penalties, damages, settlements, judgments, decrees, legal costs, charges, removal, excavation, and replacement costs, any damages associated with removal and/or excavation, and other expenses or liabilities of every kind in connection with or arising from the installation of the landscaping located in the City's property of any kind whatsoever. Property owner(s) agree(s) and acknowledge(s) that should the City of Boynton Beach, or its successor have to remove the landscaping in order to conduct necessary maintenance, repair, or installation of sidewalks, drainage, or utilities within the City's property, the restoration costs associated therewith shall be the sole responsibility of Property Owner(s). M-1 127 IN WITNESS WHEREOF, I/WE have hereunto set my/our hand and seal this day of Signed, sealed and delivered in the presence of: x Printed Name x Printed Name STATE OF SS: COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared as of , known to me to be the person(s) described in and who executed the foregoing instrument, who acknowledged before me that he/she/they executed same, is/are personally known to me and an oath was not taken. WITNESS my hand and official seal in the County and State last aforesaid this day of NOTARY PUBLIC Printed Name My Commission Expires: M-2 128 SKETCH OF DESCRIPTION EXHIBIT 'A " SHEET I OF 2 DESCRIPTION - THAT PART OF SECTION 6, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS. - COMMENCING A T THE NORTHEAST CORNER OF SAID SECTION 6, THENCE W1 TH A BEARING OF SOUTH, ALONG THE EAST LINE OF SAID SECTION 6, A DISTANCE OF 1783.92 FEET TO A P01NT,• THENCE W1 TH A BEARING OF WEST A DISTANCE OF 53.00 FEET TO A POINT ON THE WEST RIGHT OF WA Y LINE OF CONGRESS AVENUE, THENCE NORTH 85 °30'30" WEST, A DISTANCE OF 37114 FEET MORE OR LESS TO A POINT ON A LINE 370.0 FEET WEST OF AND PARALLEL TO THE SAID WEST RIGHT OF WA Y OF CONGRESS A VENUE; THENCE WEST A DISTANCE OF 15.00 FEET TO A POINT ON A LINE 385.0 FEET WEST OF AND PARALLEL TO THE WEST RIGHT OF WA Y LINE OF SAID CONGRESS AVENUE,• THENCE SOUTH, ALONG SAID PARALLEL LINE, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE SOUTH, A DISTANCE OF 286.00 FEET, • THENCE WEST, A DISTANCE OF 5.00 FEET TO A POINT ON A LINE 390.0 FEET WEST OF AND PARALLEL TO THE WEST RIGHT OF WAY LINE OF SAID CONGRESS AVENUE THENCE NORTH A DISTANCE OF 286.00 FEET; THENCE EAST A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. y� p Digitally signed by Paul D. Engle Pau D. E 1 1 g l.. Date 2023.10.05 08:29 53 -04'00' PAUL D. ENGLE SURVEYOR & MAPPER N0. 5708 DATE. OCTOBER 05, 2023 ENGLE LAND SURVEYING LLC CER TIFICA TE OF AUTHORIZA TION 11LB844. SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. PAUL D. ENGLE 955 N. W. 17TH A VENUE, SUITE K-1 DELRAY BEACH FLORIDA 33445 ORDER NO. 21-101ANDSCAPE EASEMENT" (561) 276-4501 (561) 732-3279 SKETCH OF DESCRIPTION EXHIBIT 'A " SHEET 2 OF 2 CITY OF N.E. CORNER SECTION 16,--1 TOWNSHB0YNTON BEACH RANGE 4I3 EASP 46 T AND 15.00' I � WEST POINT OF COMMENCEMENT �L-Li 371.29' SURVEY clI U 371.14' DEED �I � 0 WEST J64.2610' z o o z N.85°30'30"W. oz 7.03' I 5.00' m EAST 390.0' I U 385. o' co Z m Q 370.0' o fI 0 cn Z Z to O OQ LJ I W al o� O � � 0 �co Imo 15.0' I Q 5.00 V WEST EXISTUJO UFT I I STATION AREA (30'` X 30'--) I 380.00' EAST 7.00' I z 363.00' 370.00' WEST N 60.0' N N ENGLE LAND SURVEYING LLC o CER TIFICA TE OF AUTHORIZA TION #LB844 .380.00 8 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. PAUL D. ENGLE WEST 955 N. W. 17TH A VENUE, SUITE K-1 ORDER NO. 21-101ANDSCAPE EASEMENT" DELRAY BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 w� iau 6.F Consent Agenda 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Partnership Landscaping, LLC- Blanket Increase. Requested Action: Approve an increase to the estimated expenditure with Partnership Landscaping, LLC from $74,200 to $94,480 for the extent of the contract piggybacking the City of Boca Raton bid #ITB -2022-007. Explanation of Request: On October 18, 2022, Commission approved the piggybacking of the City of Boca Raton invitation to bid ITB -2022-007 for Landscape Services at the Cemetery, Mausoleum, and Boynton Beach Memorial Park and Mausoleum, and Sara Sims Cemetery for the length of the contract, which automatically renews for four (4), one (1) year renewal periods from October 1St through September 30th with an annual expenditure in the amount of $74,200. An increase in the amount of $20,280 is necessary to cover additional maintenance services for a total of $94,480. The purpose of the increase is to raise the frequency of services from forty-one (41) services to fifty-two (52) times a year for both locations. How will this affect city programs or services? The increase will allow the vendor to perform landscape services on a weekly basis and enhance the level of services and beautification for those visiting their loved ones at the cemeteries. Fiscal Impact: This is a budgeted item. Attachments: R22-141.pdf Agenda Item - Commission approved 10-18-2022.pdf Cemetery Maintenance Price Sheet.pdf City of Boca Raton - Contract 2022-007 - Renewal Letter.pdf 131 City of Boca Raton - Contract 2022-007.pdf 132 0*141k11I W;i:I►role C I APPROVING M AUTHORIZING THE CITY MANAGER BO Y PIGGY -BACK 6 w Y WTH:E CITY T +� A! 6 RATON INVITATION TO BID (ITB)# 2022�-007 WITH PARTNERSHIP; LANDSCAPING, LLC FOR LANDSCAPE MAINTENANCE SERVICES AT THE CEMETERY AND MAUSOLEUM FOR AN ESTIMATED ANNUAL COST OF $74,200.00 FOR THE EXTENT OF THE CONTRACT; AND PROVIDING, AN EFFECTIVE DATE. WHEREAS, currently the cemetery and mausoleum landscape maintenance is being performed by two city employees on a biweekly basis including mowing, edging, spraying funeral and mausoleum services at Boynton Beach Memorial and Sara Sims cemeteries; and WHEREAS, Partnership Landscaping, LLC: has been awarded the landscape maintenance services at cemetery and mausoleum from the City, of Boca Rahn under a continuing services contract and staff is seeking consent to piggyback this contract and establish an agreement with Partnership Landscaping, LLC to provide landscape maintenance services at Boynton Reach Memorial and Sara Sims Cerneteries at the level of service that is expected by users; and MOM services will improve the city's cemeteries appearance and provide for correct agronomic maintenance practices and WHEREAS, the City commission of the City of Baynton Beach„ Florida deems it to be lin the best interests of the citizens and residents of the city of Boynton to approve and authorize the city Mainageir to sign a piggy -back agreement utilizing the city of Boca Raton invitation to bid (LTB)# 2022-007 with Partnership Landscaping, Li_c for landscape maintenance services at the cemetery and mausoleum for an estimated annual cost of $74,200.00 for the extent of the contract. 32 NOW, THEREFORE, RESOLVED BY THE CITY COMMISSIONr OF 33 BOYNTON BEACH, „ Y sr' FV tial - t r+h�tm��r Wru�c uat lr'rd '.r� rr°gal With ParvirwrMhip r an ds sur ing,, For r ernetery And kl a6lw4roga::wa Rea ,o Doex 133 34 Section 1. The foregoing "Whereas" ClaUses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption 36 hereof,, 37 Section 2. The City Commission hereby approves and authorizes the City Manager 38 to sign a piy-back agreenient utilizing the City of Boca Raton invitation to bid! (IT) # 2022- 39 007 with Partnership Landscaping, LLC for landscape, maintenance services at the cernetery and 40 mausoleum for an estimated annual cost of $74, 0.00 for the extent of the contract, a copy of 41 the Agreement is attached hereto as Exhibit "A. 42 Section, 3. This Resolution shall become effective immediately upon, passage, 43 PASSED AND ADOPTED this 1811, day of October, 2022, 44 CITY OF BOYNTON BEACH, FLORIDA 45 46 YES NO 47 48 Mayor - Ty Penserga 49 V 50 Vice Mayor - Angela Cruz 52 Cominiissioner - Woodrow L. Hay 53 54 Commissioner - Thomas Turkin 55 56 Cornmissioner - Aimee Kelley 57 58 VOTE 59 A7T: ... . .... 61 62 Maye e, Jesus, MP MMC, T F( �f 63 City Clew Mayor I 64 4� 65 A VED AS TO,"FORM- 66 (Corporate Sea (0 67 68 Michael D. Cirullo, Jr. 69 IV City Attorney V3 9 Wilh PadnerJ'iip Landscaping Foi Cemoery And Mmisokp tigu - Rew.Docx 134 M AGREEMENT A PURCHASING 3: i i'Siiiiiiiiiiies M p 100 Fast Ocean Avenue, Boynton hereinafter rcfbrred M r iG N i .� ww f * received,NOiW, THEREFORE, in consideration of the mutual covenants contained herein, and for other �'are acknowledged, � AGREEMENT Section 1-. Tie foregoing recitals are taus and correct and are hereby incorporated in this Agreement. XI I I IsM 6 i 5 00, oWV I*nnually based ■ oca Raton Contract No. 2022-027 fior a gng lLyear term commencing N ZQZZ, a c�y— ich is attached * except as hereinafter provided: Mr (005333944 306.9001829. 4 µ 135 A. All references to the Chi of3 ca Ra _ Contract No. 2 shall be deemed �P_►_tgq_ as references to the City of Boynton Beach. City: City Manager City of Boynton Beach P.O. Box 3 10 Boynton Be ac Florida 33425 UA;7A _ ILqn copy: Michael D. Cirullo, Jr, City Attorney Goren, Cherof, Dloody & Ezrol, PA. 3099 rd East Commercial Bouleva, Suite: 200 Fort, Lauderdale, FL 33308 Telephone: (954) 771-4500i Facsimile: (954) 771-4923 7777 for the same, Upon request, City will provide Contractor with proof of tax-exempt status. SOVEREIGN IMMUNITY Nothing contained in Agreement nor contained herein shall be 768.28, Florida Statutes, as may be amended. BINDING AUTHORITY Each person si ing this Addendum on behalf of either Party gru A'&4mX&,1hc - Party for Whom he or she: is signing, and to bIind and obligate such Party with respect to all provisions contained in this Addendum. r7ltll 'Elf C11774r777, 1111 r each Party shall bear its own attorneys fees and court costs. PUBLIC RECORDS, Sealed documents received by the City in response to an invitation are The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law'. Specifically, the Contractor shall: ijgijgi�11111 11 11 1 B, 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 IM, 33194,13w9wim p 11111111111roll - MIATIM-1132. ILI' 136 time at a cost that does not exceed the cost provided in, chapter I 19i, Fla. Stat. or otherwise provided by law; i C, Ensure that public records that arc exempt or that arc confidential and exempt from, public record disclosure requirements am not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its, possession once the Contractor transfers the records in its possession to the City, and I. 'Upon completion of the contract, Contractor shall transfer to 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 request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City, E.I IF THE CONT'� R hAS QUESTIGAS REGARDING THS APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, COACT'THE CUSTODIAN OF' PUBLIC RECORDS: CITY CLERK OiFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 SCRUTINIZED COMPANIES - 2871.135 AND 215.473, By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel, The Contractor farther certifies that Contractor, is not on the Scrutini7,ed Companies, that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the, Iran petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria, Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above, Submitting a flalse certification shall be deemed a material breach: of contract., The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have five (5) days ftom receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to, respond in writing and demonstrate that the determination of false certification was made in error* if the Contractor does not demonstrate that the Citys determination of false: certification was made in error then, the: City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287,,135, Florida Statutes, as amended from time to time. �(M33394 E 4064YOI18'21 � I; ;1111111 lI J 11, 137 Z7 r ccru =1 44&095, Flotida Statutes, as may be amended from time to time and briefly described herein bd*v. A. "Contractor" means a, person or entity that has entered or, is attempting to enter into a contract with a public employer to provide labor, supplies,, or services to such employer in exchange for a salary, wages, or other A Contractoincludes, but is not limited to, a vendor or consultant. B. "Subcontractormeans a person or entity that provides labor, supplies, I services to or for a contractor or another subcontractor in exchange for 7� salary, wages, or other remuneration, I C. IIE-Verify System" means an Interniet-based system operated by tthe Unit] States Depailment of 11bineland Security that allows Mil MW employers to electronically verify the employment eligibility of newly Wr�� emMloyees. 2. Registration Requirement* Termination. Pursuant to Section 448.0195, Florida Statut effective; January 1, 2021, Contractors, shall register with and use the E,Verify Systern order, to verify the work authorization status of all newly hired employees.i Contractor sh - register for and utilize the U.S. Department of Homeland Security's E -Verify System verify the employment eligibility AAll persons employed by a Contractor to perforrn employment duties within Florida during, the term of the contract; and B�, All persons Oncluding subi-vendors/sub-�consultants/s-ub��-�contractors) assigned by Contractor to perform work pursuant to the contra BBand ct with the City of oynton eactL The Contractor acknowledges agrees that M 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 ML N �00633WI 306-90DIM $ P19gybodk Agreement -- IBM! Landscaping Services Partnefship Landscaping LLC A 138 anM; 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 DISPUTESi., Any disputes, that arise between the parties wM respect to the performance of this Agreement,, which cannot be resolved through negotiationsshall be submitted to a court of competent jurisdiction in Palm Beach County, Florid& This Agreement shall be construed under Florida Law. M-11MMM, IMIUMM RiOT It AM Mi original signature for all purposes. W! SU'l for such termination in which event the Contractor shall be paid its compensation for services perfM rmed to the termination If including services reasonably related to termination. In the event that the Contractor abandons the Agreement or causes it to be terminated, the Contractor shal I indemnify the City against loss, pertaining to this termination. written notice: of such neglect or failure, INDEMNIFICATION. Contractor shall indemnify and hold harmless, the City,, its elected and appointed officers, agents, assignsand employees, consultants, separate contractors, any of their subcontractors, or sub -subcontractors, from and against claims, dernands, or cauises of action whatsoever, wild the resulting losses, damages, costs and expenses, including but not limited to attorneys' fees, including, paralegal expenses, liabilities, damages, orders, judgements, or decrees, -fifffiff.-t—dMi Mri Agreement, (Bi) acts, or ornissions, negligence, recklessness, or intentional wrongful conduct by) Contractor's, its agents, employees, subcontractors,, participantsi, and volunteers, and (C)i Contractor's failure to takei out and maintain insurance as, required under this Agreement. Contractor's shall pay all claims and losses in connection therewith and shall investigate: and incluM' ing appellate: proceedings, and shall play all costs, judgementsand attorneys' fees which may issue: thereon. The obligations of this section shall survive indefinitely regardless of termination of Agreement. fill WilillMI. M I Will (00533394,1306-900192A)i ii 7 4, T 7 N F 139 INDEPENDENT CONTRACTOR. 'The Agreement does not create: an emplOyee/emPlOYw. er relationship between the: Parties. It is the intent of the Parties that Contractor is an independent Contractor pursuant to the Agreement and shall not be considered the City's employee for any yy UMMAKWAX! quo .............. assets d to this Agreement within thirty (30) days of such event. Ai 11j�,J'W1—rAjL cerwTt shall remain in full force and eff relateeJ xn 0 IN W -M A MR1,1111 "low- Iggreement, and is suqjecl tu 011 IdUK Oil 11 1 to loss offanding shall not obligate Contractor to, refund any prepaid fees. Entire Agreement. The Agreement and this Addendum, and any subiseq II or purchase orders signed biy the Parties hereto shall constitute the entir understanding of the Parties. slituation shall to any extent, be held invalid or un, enforceable, the remainder of this Addendu have been held invalid or unenforceable, shall not be affected therebyand shall continue in force and effect, and be enfbreed toi the fullest extent permitted by law. Section S. In the event that the: Elite Landscaping Services dbia Partnership Landscaping, L agreement with the City of'Boca Raton is amended, or terminated, Elite Landscaping Services d Partnership Landscaping, LLC shall notify the, City within ten (10) days, In the event the Eli Landscaping Services dba Partnership Landscaping, LLC agreement with the City of Boca is amended or terminated prior to its expirationi this Contract shall remain in fall force and c 100533WA 3W900112� Miggyback Agreemeni — Ofte Landscaping services Partnemhlp Landiscaping LLC 61 140 and'not bie deemed amended Or tenninated until svecificWJ%,a.",r0 oil je the te=rnmns in j s Contttact, thtpmajr�fies shall enter into Ad endum to provide those terms to the City. a!t0tion-1, ne insurance required shal,I require that the Certificate of I 11 �i 9-46-8-, in all other aspects, the terms and conditions Of the Elite Landscaping Services d Partnership Landscaping, LLC agreement are hereby ratified and shall remain in fUll fce nd e'ffect undora er this Contract, as provided by their terms, MOSMMA 306-9MIS21 � 1`1991Ybeck Agreement -Elite Landam , A I 141 IS WITNM O , ft p above.year first writtm � dlb � -I a� +. �,r Ek, F] 142 AGREEMENT BETWEEN THE CITY OF BOCA RATON AND ELITE LAl?6SftV&G SEVdbia PARTNERSHIP LANDSCAPThLQ, LLC MEEMMUMMEM Piggyback Agreement— Efigs Landscaping Services Paftnership Landscaping LLC 91 143 10/20122,11:32 AM Coversheel 6.H. Consent Agenda 10/18/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/18/2022 Requested Action by Commission: Proposed Resolution No. R22-141 Authorize City Manager to sign piggy -back agreement utilizing the City of Boca Raton invitation to bid (ITB)# 2022-007 with Partnership Landscaping, LLC for landscape maintenance services at the cemetery and mausoleum for an estimated annual cost of $74,200.00 for the extent of the contract. The City of Boca Raton's procurement process satisfies the City's competitive bid requirements. (Postponed at the October 4, 2022 City Commission Meeting.) Explanation of Request: Partnership Landscaping, LLC has been awarded the landscape maintenance services at cemetery and mausoleum from the City of Boca Raton under a continuing services contract. The Contractor shall provide labor, supervision, equipment, supplies, tools, materials, and other necessary incidentals required to perform landscape maintenance and irrigation services at Boynton Beach Memorial Cemetery & Mausoleum and Sara Sims Cemetery. The Parks and Grounds Division is seeking consent to piggyback this contract and establish an agreement with Partnership Landscaping, LLC to provide landscape maintenance services at Boynton Beach Memorial and Sara Sims Cemeteries at the level of service that is expected by users. Currently the cemetery and mausoleum landscape maintenance are being performed by 2 city employees on a biweekly basis. Staff currently mow, edge, spray weeds, hedge trim and maintain the headstones. This is in addition to performing funeral and mausoleum services at Boynton Beach Memorial and Sara Sims cemeteries. Moving forward with Partnership Landscaping, LLC will bring in a professional contractor with a strong specialized knowledge in landscape maintenance with cemeteries. How will this affect city programs or services? The proposed landscape maintenance services will improve the appearance of the City's cemeteries and provide a better level of service to residents by allowing them to visit passed loved ones in well-maintained facilities, Fiscal Impact: Budgeted in account number 631-3110-539-49-17. Alternatives: Not utilize the City of Boca Raton's bid and issue the City's own bid. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: ,oatra Vendor Name: Partnership Landscaping, LLC Start Date: 10/1/2022 End Date: 9/30/2023 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Four (4) one (1) year renewal periods Attachments: https:/Iboyntonbeach. novusagenda.com/AgendaPu blic/CoverSheet.aspx?ltemlD=l3690&Meeting ID=511 144 Edging of Flat Level Shrub Area Location Mowing String Trimming Edging Blowing Markers Trimming Weed Removal Boynton Beach Memorial Park and Mausoleum Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Cost per linear feet $25.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Per Service $1,300.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Estimated Annual QTY 52 52 52 52 52 52 52 Total Per Task for Boynton Beach Memorial Park and Mausoleum $67,600 Sara Sims Cemetery Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Cost per linear feet $5.10 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Per Service $265.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Estimated Annual QTY 52 52 52 52 52 52 52 Total Per Task for Sara Sims Cemetery $13,780 GRAND TOTAL FOR BOTH CEMETERIES (66 + B12) $81,380.00 Additional Services Irrigation Repairs Cost with Labor Included (No Markup) Master Technician $75/hr Assistant Technician $50/hr 145 *Billed with Flush Heads (Inc Nipple) $5.50 per direct cost *Billed with 5" Pop Up Rotor Head $32.00 per direct cost *Billed with 4" Pop Up Rotor Head $11.00 per direct cost *Billed with Replace Rotor/Gear $32.00 per direct cost *Billed with Replace Nozzles $3.75 per direct cost 145 odp �gpog CITY OF Boca Raton CsaOO G3DOOQ July 17, 2023 Mr. Jesus Lizano, Owner Elite Landscaping Services Inc. dba Partnership Landscaping 1351 Wyndcliff Drive Wellington, FL 33414 Email: info(a)partnershiplandscaping.com PURCHASING DIVISION 201 WEST PALMETTO PARK ROAD • BOCA RATON, FL 33432 PHONE (561) 393-7871 (FOR HEARING IMPAIRED) TDD (561) 367-7043 www. myboca. us Subject: Price Increase for Renewal No. 1, Bid No. 2022-007 Landscape Maintenance for Cemetery & Mausoleum Dear Mr. Lizano, The City has reviewed and approved your price increase request as submitted to the City via e-mail July 12, 2023. Price increases shall be effective at the beginning of Automatic Renewal Option No. 1, from 10/1/2023 through 9/30/2024. Price increase information below. If you should have any questions, please do not hesitate to contact me at annexsteinCa)-myboca.us. Best Regards, Robin Annexstein Buyer II c: 2022-007 Bid File I. Guzman D. Beretsky (Partnership Landscaping) STAY CONNECTED In D O - AN EQUAL OPPORTUNITY EMPLOYER - 146 147 ®®®®®®®®®®®®®®®® ®®®®®®®®®®®®®®®® ®®®®®®®®®®®®®®®® ®®®®®®®®®®®®®®®® ®®®®®®®®®®®®®®®® ®®®®®®®®®®®®®®®® ®®®®®®®®®®®®®®®® ®®®®®®®® ®®®®®®®® ®®®®®® ®®®®®® ®®®®®®®® ®®®®®®®®®®®®®®®® ®®®®®® ®®®®®®®®®®®®®®®® ®®®®®®®® ®®®®®®®® ®®®®®® ®®®®®® ®®®®®®®® ®®®®®®®® ®®®®®® ®®®®®® ®®®®®®®® ®®®®®® 147 2022-007 Addendum 1 Partnership Landscaping, LLC BERETSKY Supplier Response Event Information Number: 2022-007 Addendum 1 Title: Landscape Maintenance for Cemetery and Mausoleum Type: Invitation to Bid Issue Date: 6/6/2022 Deadline: 7/5/2022 03:00 PM (ET) Notes: Addendum No. 1 is to correct bid closing date indicated in Part I of the ITB. The City of Boca Raton, Florida is accepting sealed Bids from qualified Bidders for the above in accordance with the specifications, terms and conditions contained in the Invitation to Bid (ITB). The purpose of this Bid is to provide landscape maintenance services for the City's Cemetery and Mausoleum Page 1 of 3 pages Vendor: Partnership Landscaping, LLC 2022-007 Addendui 148 F(0, F.R 19=00F.7imm M1 Please log in to view and download the entire document. This ITB is available for electronic submission in accordance with the For information concerning procedures for responding to the ITB, please contact Robin Annexstein by email, aiiiiiiexsteiiii@irnybo��.a,,L,ls. Such contact is to be for clarification purposes only. Material change if any, to the technical specifications or bidding procedures will only transmitted by written addendum and shall be made in accordance . . . . . . . . . . . . ...... ad endums prior to submitting your Bid. Note: For any questions submitted in the Bidding System, Bidders are requested only submit one question at a time to accurately track the questions submitted. 710 : ", en Mewing I=9=/, A=lers are requ-7-773MM7 —n— intent to Bid. A response is not required and Bidders may proceed to reviewing the Bid Attachments. Public Bid Opening will utilize the Go To Meeting platform as provided in the Bid Opportunities link: https.-Ilbcpurch.ionwave.net/CurrentSourcinciEvents.g.�s .px Click on Bid Number, Bid Attachments, Exhibit CMT to view dial in information and access code. Contact Information Contact: Robin Annexstein Buyer Address: 201 West Palmetto Park Road Boca Raton, FL 33432-3795 Phone: (561) 393-7880 Email: annexstein@myboca.us Page 2 of 3 pages Vendor: Partnership Landscaping, LLC 2022-007 Addendui 149 Partnership Landscaping, LLC Information Contact: David Beretsky Address: 591 Marginal Rd WPB, FL 33411 Phone: (954) 325-4692 Email: Dave@ 10Xventures.fund Web Address: partnershiplandscaping.com I hereby confirm authorized signature is as provided in the Bid response, Bidders Certification form Jesus Lizano Signature Submitted at 7/5/2022 10:52:57 AM (ET) Requested Attachments dave@partnershiplandscaping.com Email 2022-007 PART II Bid Response boca cert form new 22.pdf Bidder to upload PART II Bid Response here and include supporting documents within this upload 2022-007 Part III Bid Pricing Form Bidder to upload completed PART I II Bid Pricing Form Proof of Insurability boca prices.xlsx Partnership COI.pdf Bidder to submit/upload their proof of insurability as detailed in the Special Conditions with Bid response 2022-007 Addendum No. 1 boca addendum 1 scan.pdf Bidder to complete Addendum No. 1 for submission/uploaded with Bid response Business Tax Receipt Boca Partnership Business tax W9.pdf Bidder to submit copy/upload their current Business Tax Receipt for their business location. Bidder shall comply with Business Tax Receipt requirements for their business location. Bidders with a business location that does not utilize a Business Tax Receipt, this attachment is not applicable. Bidder is registered with their State of Origin BOCA Fictious name Partnership UNDER PARENT CO ELITE.pdf Bidder to submit/upload proof their firm name is registered with their State of Origin. (Sunbiz may be used for proof of firm name and registration) Bid Attributes 1 1 Validation of Supplier Name on Attachment A - Bid Response Bidder is responsible for validating that the supplier name / profile in the electronic bidding system matches the name provided on your Attachment A - Bidder Certification Form. To check your supplier name in the electronic bidding system: 1. Click on the RESPONSE tab in the electronic bidding system 2. Review your Profile 3. Any necessary Company Name changes require an email request from the user with administrator rights within the electronic bidding system to email the Buyer with the "Name" to be updated, supported by verifying documentation (Sunbiz, Articles of Incorporation, etc.) for review and validation. ❑ Confirmed, Validation completed (Confirmed, Validation completed) Page 3 of 3 pages Vendor: Partnership Landscaping, LLC 2022-007 Addendui 150 eBocl,ca Raton PURCHASING DIVISION 201 W. PALMETTO PARK ROAD BOCA RATON, FL 33432 (561) 393-7871 Invitation to Bid BID NO. 2022-007 Landscape Maintenance for Cemetery and Mausoleum Table of Contents PART I — Terms, Conditions and Specifications General Conditions Special Conditions Technical Specifications and Statement of Work Exhibits Exhibit A — D PART II — Bid Response • Bidder Certification Form • Qualification of Bidder Form • Questionnaire • Drug Free Workplace Form • Schedule of Subcontractor Participation Form PART III — Bid Response - Pricing • Bid Pricing Form For Public Notice: Exhibit CMT 151 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 GENERAL TERMS AND CONDITIONS These general terms and conditions are standard for all contracts for commodities or services issued through the City of Boca Raton Purchasing Division (hereafter referred to as "City"). The City may delete, supersede, or modify any of these standard general terms and conditions for a particular contract by indicating such change in any document related to the Invitation to Bid (ITB). INSTRUCTIONS TO BIDDERS 1.1 STATEMENT OF PRECEDENCE OF GENERAL TERMS AND CONDITIONS: Any and all Special Conditions contained in this ITB that may be in conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Terms and Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 1.2 GENERAL INFORMATION: These documents as listed in the Table of Contents, TOC -1, constitute the complete set of specification requirements and Bid forms. The Bid submittal, including all Bid sheets and attachments, must be filled in completely, executed and submitted. Bid Tabulations and Award Recommendations will be posted on the Purchasing Division Website at https://www.myboca.us/253/Tabulations-Award-Recommendations. 1.3 BIDDER NOTIFICATION: Notice of the ITB's will be emailed to Bidders who have fully registered on the City's online registration system. The City maintains automated vendor e-mail lists for each specific commodity code for sending the ITB. Unregistered Bidders may request a notice of a particular Bid, which will be emailed within a reasonable time frame, for that Bid only. The emailing of one ITB notice to Bidder, or a Bid in return, will not register a Bidder on the City's registration system. Bidders may register on the City's website by visiting https://www.myboca.us/244/Supplier-Registration 1.4 SUBMISSION, RECEIPT, AND OPENING OF BIDS: No Bid shall be considered unless received prior to the Bid opening date and time. No Bidder shall submit more than one Bid response to the ITB. Multiple Bid responses from same Bidder shall be cause for City to reject all Bids from that Bidder. 1.5 Bidders are encouraged to submit their Bid document via electronic submission.. Bidder's submitting a hard copy Bid in person or by mail should use the proposal forms provided by the City. Failure to use the City ITB forms may cause the Bid to be rejected. No Bid shall be accepted by facsimile, and therefore, any Bid submittals sent via facsimile shall be refected by the City. 1.6 For hardcopy Bid submittals, the following applies: (1) Bid shall be submitted directly to the Purchasing Office (Room 105) at 201 W. Palmetto Park Road, Boca Raton, FL, 33432 in a sealed opaque envelope; (2) Any erasures or corrections on the ITB forms must be made in ink and initialed by Bidder; (3) All information submitted by the Bidder in the Bid document shall be printed, typewritten or handwritten in ink; (4) Bids shall be signed in ink; (5) When a particular ITB requires multiple copies of Bids, all must be included in a single envelope or package properly sealed and identified with the Bid number and name of Bidder on outside of the package. 1.7 Bids will be publicly opened in the Purchasing Office, City Hall, 201 W. Palmetto Park Road, Boca Raton, FL or other designated area. Bids will be opened, tabulated and made available for review by Bidders and the public in accordance with applicable regulations. 1.8 ADDENDUMS: The issuance of an addendum(s) is the only official method whereby interpretation, clarification, changes or additional information may be provided by the City. It shall be the responsibility of each Bidder, during and prior to Bid submittal to visit the City of Boca Raton Purchasing Division Bidding Opportunities link at htti3s://bri3urch.ionwave.net/CurrentSourcinciEvents.aspx or contact the Purchasing Division at 561-393-7871 to determine if addendums were issued to any particular ITB and to obtain such addendums from the Purchasing Division Online bidding website. The City will make every effort to notify registered Bidders by email that an addendum has been made to the Bid. The City shall not be responsible for providing notice of addenda to potential Bidders who receive a Bid package from other sources. 1.9 NO BIDS: If you do not intend to Bid, please indicate the reason and return a no -bid response to the City. Failure to Bid or return no Bid comments, prior to the Bid due date, may result in your firm being deleted from the City's Bidder registration system. 2 of 30 152 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 2 DEFINITIONS: 2.1 BIDDING DEFINITIONS The City will use the following definitions in its General Terms and Conditions, Special Conditions, technical specifications, statement of work, instructions to bidders, addenda, and any other document used in the bidding process: Award — The written notice of the acceptance of a Bid deemed by the proper authority of the City to be in the best interests of the City. Bid — a price and terms quote received in response to an ITB. Bidder/Supplier —Person or firm submitting a Bid. Business Days - Monday through Friday, excluding National Holidays Calendar Days — Monday through Sunday, including National Holidays Contract — Any agreement, regardless of style or form, for the procurement of commodities, services, or construction. Contractor — Successful Bidder who is awarded a Purchase Order, award Contract, or Term Contract to provide goods or services to the City. Days — Calendar Day, Monday through Sunday, including National Holidays Invitation to Bid (ITB) — All documents, whether attached or incorporated by reference, utilized for soliciting sealed Bids. May — Denotes the permissive. Responsible Bidder or Offeror — A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Responsive Bidder — A person who has submitted a Bid that conforms in all material respects to the requirements set for in the ITB, or solicitation. Shall — Denotes the imperative. Successful Bidder - The best, qualified, Responsible, and Responsive Bidder to whom the City makes an award. 3 BIDDING AND AWARD PROCEDURES 3.1 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the Bid and the prices quoted in the Bid will remain valid for acceptance by the City for a period of ninety (90) days from the date of Bid opening. 3.2 AWARD AND REJECTION OF BIDS: The City will award to the low Responsive Responsible Bidder whose product or service meets the terms, conditions, and specifications of the ITB as deemed in the City's best interest. The City reserves the right to: (1) 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, and at its discretion, request a re -bid; (2) award the Contract in accordance with the Special Conditions. In determining the responsiveness of the offer and the responsibility of the Bidder, the following may be considered when applicable: (1) the ability, capacity and skill of the Bidder to perform as required; (2) whether the Bidder can perform promptly, or within the time specified, without delay or interference; (3) the character, integrity, reputation, judgment, experience and efficiency of the Bidder; (4) the quality of past performance by the Bidder; (5) the previous and existing compliance by the Bidder with related laws and ordinances; (6) the sufficiency of the Bidder's financial resources; (7) the availability, quality and adaptability of the Bidder's supplies or services to the required use; and (8) the ability of the Bidder to provide future maintenance, service or parts. The City reserves the right to inspect all facilities of Bidders in order to make a determination as to the foregoing. Failure of Bidder to comply with the conditions set forth in the ITB may result in the Bid being considered non- responsive by the City. 3.3 PRICES QUOTED: Bidder shall deduct trade discounts, and quote firm net prices. If required, the Bidder shall give both unit price and extended total. In the case of a discrepancy in computing the amount of the Bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each 3 of 30 153 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 item must be Bid separately. No attempt shall be made by the Bidder to tie any item or items contained in the ITB with any other business with the City. 3.4 MISTAKES: Bidders are cautioned to examine all documents pertaining to the ITB. In the event of extension error(s), the unit price will prevail, and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail, and the Bidder's total will be corrected accordingly. 3.5 TAXES: The City of Boca Raton is exempt from Federal and State taxes on direct purchase of tangible property. The Purchasing Office will supply the Successful Bidder with an exemption certificate or it may be obtained from the City's website at https://www.myboca.us/239/Supplier-Information-Help. Vendors or Contractors doing business with the City of Boca Raton shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor/Contractor be authorized to use the City's Tax Exemption Number in securing such materials. 3.6 BUSINESS TAX RECEIPT: Bidder shall comply with Business Tax Receipt requirements for their business location. A copy of the business tax receipt or proof of exemption shall be submitted prior to awarding the Bid. 3.7 CONTRACTOR LICENSE: The Bidder Name identified on the Signature of Bidder form shall be fully licensed, to the extent required by Florida or Federal law, at time of Bid opening for type of work to be performed in order for their Bid to be considered. County or locally licensed contractors must be registered with the State of Florida DBPR Construction Industry Licensing Board at time of Bid opening. Copies of all applicable certificates, registrations and licenses must be submitted with the Bid and must be in the name of the Bidder shown on the Signature of Bidder Form. Should the Bidder not be fully licensed/certified, the Bid shall be rejected. 3.8 WARRANTIES OF USAGE: Any quantities listed in the ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. The City reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. 3.9 ALTERNATIVES/APPROVED EQUAL/DEVIATIONS: Unless otherwise specified, the mention of the particular manufacturer's brand name or number in the specifications does not imply that particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable. An alternate will be considered, but shall be equal to or better in quality to what was specified and must include descriptive literature and/or specifications. It is the Bidder's responsibility to provide adequate information regarding an alternate to ensure that the Bid meets the required criteria. If adequate information is not submitted with the Bid, the Bid may be rejected. The determination as to whether any alternate is equal or better or is not equal shall be made solely by the City of Boca Raton and such determination shall be final and binding upon all Bidders. 3.10 MINIMUM AND MANDATORY SPECIFICATIONS: The Bid specifications may include items that are considered minimum or required. If any Bidder is unable to meet, or exceed these items, and is of the opinion that the specifications are overly restrictive, Bidder must notify the Purchasing Division immediately. Such notification must be received in writing by the Purchasing Office prior to the deadline contained in the Special Conditions, for questions of a material nature, or prior to seven (7) business days before Bid due date, whichever occurs first. If no such notification is received prior to that deadline, the City will consider the technical specifications and statement of work to be acceptable to all Bidders and all objections are waived by the Bidder. 3.11 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested by the City to determine suitability. Samples shall be requested after the date of Bid opening, and if requested, shall be provided by Bidder to the City within seven (7) business days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, and upon request of the Bidder, will be returned within thirty (30) days of Bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a location selected by the City. Failure to provide samples or demonstrations as specified by the City may result in rejection of the Bid. 3.12 PUBLIC RECORDS: Bidders are advised that the Sunshine Law and Public Records Act (Chapters 286 and 119, Florida Statutes, respectively) are applicable to the City. Information and materials received by the City in connection with an ITB response, as provided by Florida law, are public records. 3.13 DRUG FREE WORKPLACE PROGRAMS: Preference shall be given to business with Drug -Free Work Place programs. Whenever two or more Bids which are equal with respect to price, quality, and service are received by 4 of 30 154 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 the City for the procurement of commodities or contractual services, the Bidder that provided proof to the City that it has a written Drug Free Work Place program shall be given preference in the award process. 3.14 LEGAL REQUIREMENTS: Bidder shall comply with applicable provisions of all federal, state, county laws, City of Boca Raton Code of Ordinances, rules and regulations and the City of Boca Raton Procurement Code. Lack of knowledge of any such provision, by any Bidder, shall not constitute a cognizable defense against the legal effect thereof. Pursuant to Chapter 2 (Administration), Article VIII (Lobbyist Registration), Sections 2-351 through 2-357, Palm Beach County, Florida, Code of Ordinances, any person who acts as a lobbyist must register with Palm Beach County's Central Lobbyist Registration Site, prior to engaging in lobbying activities before City of Boca Raton staff, boards, committees and / or the City Council, or any member thereof. Lobbyist Registration Forms are available at: https://secure.co.palm-beach.fl.us/Irs/Main/Login.aspx?ReturnUrl=%2flrs%2f 3.15 PROCUREMENT CODE: A copy of the Procurement Code is available for your review at htti3s://www.myboca.us/239/Supplier-Information-Help. 3.16 PUBLIC ENTITY CRIMES: In accordance with the provisions of paragraph (2)(a) of Section 287.133, Florida Statues, 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 on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3.17 CODE OF ETHICS/CONE OF SILENCE: If any Bidder is found to be in violation of the Code of Ethics of the City of Boca Raton and/or the State of Florida with respect to this Bid, such Bidder may be disqualified from performing the work described in this Bid or from furnishing the goods or services for which the Bid is submitted and may be further disqualified from bidding on any future Bids for work or goods or services for the City of Boca Raton. A copy of the City and State Ethics Codes is available at the office of the City Clerk, City of Boca Raton, 201 W. Palmetto Park Road, Boca Raton, Florida. Bidder shall comply with all Florida laws relating to conflicts of interest, including Section 112.313, Florida Statutes and shall under appropriate circumstances, submit Form 3A, Interest in Competitive Bid for Public Businesses. This form may be obtained from the City of Boca Raton website at: https://www.myboca.us/230/Purchasing-Division The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Boca Raton. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this Bid. You are required to comply with Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance during this procurement process. The complete Palm Beach County Lobbyist Registration Ordinance, including Section 2-355, may be found on the Palm Beach County Ethics website at http://www.paImbeachcountyethics.com/pdf/Lobbyist Registration Ordinance-2012.pdf. 3.18 NON -COLLUSION: Bidder certifies that this Bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a Bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities permitted; either with, prior to or after any delivery of material or provision of services. Any violation thereof may result in contract cancellation, return of materials or discontinuation of services and may be removed from the vendor Bid list(s). 3.19 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any Bids received and utilize other available governmental contracts, as provided by law, if such action is in its best interest. 4 INSURANCE 4.1 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by the City. The Contractor shall provide to the Purchasing Division original certificates of current coverage meeting all such requirements and specifications prior to engaging in any activities under this Contract. The certificates must list the City as an ADDITIONAL INSURED and shall provide no less than thirty (30) days written 5 of 30 155 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 notice to the City of cancellation or material change. Further modification of the insurance requirements may be made if circumstances change or adequate protection of the City is not presented. 4.2 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall, in addition to any other obligation to defend, indemnify the City of Boca Raton Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Boca Raton, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Boca Raton to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. This provision shall not be deemed to waive any of the rights or immunities accorded to the City by section 768.28, Florida Statutes, or any other applicable law. 5 PURCHASE ORDER AND CONTRACT TERMS: 5.1 METHOD OF ORDERING: Items shall be ordered via an individual purchase order. 5.2 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation, if delivery is not made in accordance with the schedule specified in the ITB or as otherwise accepted by the City. Deliveries shall be made in accordance with City of Boca Raton security procedures. 5.3 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to a Bid award shall remain the property of the Bidder until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the Bid, be of the required quality, new, and the latest model, unless specified in the Special Conditions. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and satisfactory acceptance of materials or services. 5.4 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES: Items offered may be tested for compliance to Bid specifications. Items delivered which do not conform to Bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for delivery of items not conforming to specifications, or late delivery may result in enforcement of all remedies in law or equity or as specified in the City's Procurement Code. 5.5 CHANGES / MODIFICATIONS: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee that changes or modifies the requirements of the awarded Bid and or Contract. Only those communications, which are in writing from an authorized representative of the City and the Contractor, in accordance with the City of Boca Raton Procurement Code and or purchasing operating procedures, may vary the terms of the written Bid or Contract. 5.6 PAYMENT TERMS, CASH DISCOUNTS AND INVOICES: Payment terms, unless otherwise stated in this ITB, will be considered to be net 30 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery at the place of acceptance, and receipt of a correct invoice at the office specified, whichever occurs last. Partial billing will not be accepted unless authorized specifically in the Special Conditions. Invoices must be submitted against each individual purchase order. Invoices without a correct and valid purchase order number may not be processed for payment. 6 of 30 156 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Request for payment for any and all invoice(s) that may arise as a result of a purchase order issued pursuant to this Bid specification shall minimally meet the following conditions to be considered as a valid payment request: (a) Timely submission of a properly certifiable invoice(s), in strict accordance with the price(s) and delivery elements as stipulated in the Contract or purchase order document, submitted to: invoices@myboca.us or City of Boca Raton, Financial Services Department City Hall, 201 W. Palmetto Rd, Boca Raton, FL 33432 PH: 561-393-7727 (b) All invoices submitted shall: consist of an original; clearly reference the subject purchase order number; provide a sufficient salient description to identify goods or service for which payment is requested; contain the date of delivery; contain an original or legible copy of signed delivery receipt including both manual and printed name of a designated City of Boca Raton employee or authorized agent who received the goods; and identify invoice as "partial" or "final". (c) The invoice shall contain the Bidder's Federal Employer Identification number and clearly reference the Bidder's Business name and address for payment. 5.7 SAFETY STANDARDS: Manufactured items, fabricated assemblies and on-site contractor services shall comply with all applicable federal, state and local requirements. For on-site contractor services, the City reserves the right to request documentation of contractor compliance with OSHA standards to include but not be limited to: required employee safety & health training, written safety and health programs, provision of required personal protective equipment (PPE), and/or provision and use of required atmospheric monitoring equipment. Hazardous chemicals must be accompanied by a Material Safety Data Sheet (MSDS), as required by the Occupational Safety and Health Act (OSHA) of 1970; as amended, and any other applicable federal, state and local regulations. 5.8 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB, Bidder will supply only material or equipment that is 100% asbestos free. 5.9 OTHER GOVERNMENTAL ENTITIES: When there is sufficient capacity or quantities available, awarded bidder may provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting Contract. Prices shall be F.O.B. Destination to the requesting agency. Each governmental entity allowed to use this Contract shall do so independent of any other governmental entity. 5.10 INDEPENDENT CONTRACTOR: Contractor undertakes performance of the services as an independent contractor and shall be wholly responsible for the methods of performance. The Contractor, nor the sub- contractor or their employees or their agents, shall not receive any City benefits, stipend or privileges afforded to City employees. 5.11 ASSIGNMENT: The City and Contractor each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Contract. Any assignment, sale, pledge or conveyance of this Contract by Contractor must be previously approved in writing by the City. 5.12 NON EXCLUSIVE CONTRACT: Contractor 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 at its sole option. 5.13 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this ITB/Contract, or if the Contractor shall violate any of the provisions of this Contract, the City may, upon written notice to the Contractor, terminate the right of the Contractor to proceed under this Contract, or with such part or parts of the Contract as to which there has been default, and may hold the Contractor liable for all damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff, until such time as the amount of damages due to the City from the Contractor can be determined. 7 of 30 157 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 5.14 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel Contract in whole or in part by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this Contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 5.15 TERMINATION FOR GOVERNMENTAL NON -APPROPRIATIONS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period. Continuation of the Contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law, and contract, and shall be terminated without penalty to the City and without any default upon the last day in which funds were last appropriated. 5.16 RECORDS/AUDIT: The Contractor shall maintain during the term of the Contract all books of account, reports and supporting records in accordance with generally accepted accounting practices and standards for records directly related to this Contract for a minimum of (1) year beyond the last day of the Contract term. The form of all records and reports shall be subject to the approval of the City. The Contractor agrees to make available for review and audit to the City and or City Consultant, during normal business hours and in Broward, Miami Dade or Palm Beach Counties, all books of account, reports and supporting records relating to this Contract for the duration of the Contract and for one year following the last day of the Contract. 5.17 POST SALE AUDIT ADJUSTMENT: All items sold to the City of Boca Raton as a result of this Bid are subject to Post Sale Audit Adjustment. In the event that an audit reveals the vendor has not honored quoted pricing, price lists or discount structures, vendor will be liable and will be invoiced and collected with (30) days for any and all overstated charges. Failure to remit may result in termination of the Contract. 5.18 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his own expense, obtain all necessary permits, pay all licenses, fees and taxes, which comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried on under this Contract. City of Boca Raton permit fees will be waived by the City; however, fines and penalties will be assessed based upon standard fee structure. 5.19 CONTRACTOR REGISTRATION: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes, prior to entering into a contract with the City. Contractors awarded work involving a permit shall register with the City of Boca Raton License Office prior to performing the work. 5.20 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un -patented invention, process, or article manufactured or used in the performance of the Contract, including its use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the Bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. 5.21 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, county, local and municipal laws, ordinances rules and regulations that would apply to this Contract. Further, Contractor acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement. 5.22 COMPLIANCE WITH CITY OF BOCA RATON ORDINANCE: Awarded vendor shall comply with all applicable Boca Raton City Ordinances, including, but not limited to, 16-57, "Display of Identification on Trucks and Related Commercial Vehicles", which mandates vehicles be designated by lettering of two inches minimum size on either side of the vehicle indicating the name and address of the person owning or operating the same for commercial use. 5.23 GOVERNING LAW AND VENUE: Contracts shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County and the Agreement will be interpreted 8 of 30 158 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 according to the laws of Florida. By entering into this award, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this award. 5.24 NON-DISCRIMINATION: The City of Boca Raton is an equal opportunity employer and prohibits discrimination on the basis of race, color, religion, national origin, sex, age, marital status, disability, and/or political affiliation in all aspects of its personnel policies and procedures, programs, practices and operations. 5.25 CITY POLICIES: Awarded contractor shall comply with the City of Boca Raton Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Boca Raton Human Resources Division. Violations of these policies may result in cancellation of the Contract. 5.26 ADDITIONAL DISCOUNTS: Should sales promotions occur during the term of the Contract that lower the price of the procured item or items, the vendor shall extend to the City the lower price offered by the manufacturers or Vendors on any such promotional item. Further, any price decreases effectuated during the Contract period by reason of market change, quantity discounts, or otherwise, should be passed on to the City of Boca Raton. 5.27 PUBLIC RECORDS: A. The City of Boca Raton is a public agency subject to Chapter 119, Florida Statutes. A Contractor providing services shall comply with Florida's Public Records Law and therefore shall comply with Section 119.0701, Florida Statutes. Specifically, Contractor shall: 1) Keep and maintain all public records related to the performance of the services 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 that 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. 4) Upon completion or other termination of the Contract, keep and maintain the public records required by the City to perform the services. Contractor shall meet all applicable requirements for retaining public records set out in Florida law. 5) In addition to maintaining the records pursuant to Paragraph Number 4 above, provide to the City all records that were stored electronically by Contractor, 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. The failure of Contractor to comply with the provisions set forth in this Article, or to comply with the City's request for records, shall constitute a default and breach of this Agreement, and the City shall, in its discretion, pursue any and all remedies against Contractor provided for under this Contract or at law. C. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-393-7740, 9 of 30 159 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 BRCITYCLERK(aD,MYBOCA.US, CITY HALL, CITY CLERK, 201 W. PALMETTO PARK ROAD, BOCA RATON, FL 33432. 5.28 SCRUTINIZED COMPANIES A. Pursuant to Section 287.135, Contractor is ineligible to enter into, or renew, this Contract if Contractor is on the Scrutinized Companies that Boycott Israel List (as identified in Section 215.4725, Florida Statutes), or is engaged in a boycott of Israel. B. By entering into this Contract, Contractor certifies that Contractor is not on the Scrutinized Companies that Boycott Israel List, and that Contractor is not engaged in a boycott of Israel. C. Contractor shall notify the City if, at any time during the term of this Contract, Contractor is placed on the Scrutinized Companies that Boycott Israel List, or that Contractor is engaged in a boycott of Israel. Such notification shall be in writing and provided by Contractor to the City within ten (10) days of the date of such occurrence. D. In the event the City determines, using credible information available to the public, that Contractor has submitted a false certification or Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel, the City may, in its sole discretion, terminate this Contract and seek a civil penalty, and other damages and relief, against Contractor, pursuant to Section 287.135, Florida Statutes. In addition, the City may pursue any and all other legal remedies against Contractor. E. Contractor shall not seek damages, fees, or costs against the City in the event the City terminates the Contract pursuant to this provision. 5.29 E -VERIFY 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 employees hired after January 1, 2021 (as well as contractual employees whose contract is renewed after January 1, 2021), 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 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. Should Contractor violate the requirements of Section 448.095, Fla. Stat., they shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. 10 of 30 160 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 SPECIAL CONDITIONS PART I - INSTRUCTION TO BIDDERS 1.01 INSTRUCTIONS TO BIDDERS The City of Boca Raton, Florida is seeking Bids from qualified Bidders for Landscape Maintenance for Cemetery and Mausoleum, Bid Number 2022-007. This Bid package contains all of the information and documents necessary to prepare and submit a Responsive Bid. Bidders are cautioned to read all of the documentation provided. Bidder will be responsible for complying with all requirements identified herein. The City of Boca Raton shall not be responsible for the content of Bid response packages or addenda received from any third party source. Due date and time for Bid response: Bid shall be received prior to 3:00 p.m. local time (Boca Raton, FL) on June 22, 2022. Bidder is directed to the Response Attachments section of the City of Boca Raton eSourcing Portal for attachments to be completed and submitted with the Bid response. 1.02 PURPOSE The purpose of this Bid is to provide landscape maintenance services for the City's Cemetery and Mausoleums located at 451 SW 4th Avenue, Boca Raton, FL 33432. 1.03 HOW TO RESPOND TO THIS BID Either of the following two options may be utilized by a Bidder to submit a sealed Bid response. Submission of the Bid response by electronic transmission using the City of Boca Raton eSourcing Portal located at.1 t 3s://brpurcllh.iioinwave.iiniet/Lo iin.aspx. In order to submit the Bid electronically: (1) the Bidder should download the Bid documents; (2) all required bid data/information must be added to the Bid documents and included forms; (3) an individual authorized to contractually bind the Bidder must sign all required Bid forms; (4) the entire Bid response and all signed forms must be scanned to PDF format unless other file format is identified; and (5) the Bidder shall upload the scanned Bid response and signed Bid forms to the City of Boca Raton eSourcing Portal pursuant to the directions in the City of Boca Raton eSourcing Portal. Please note that the maximum file size is 100 MB for an uploaded file. Bidders are strongly encouraged to read the Supplier Guides and Tutorials available in the City of Boca Raton's eSourcing Portal well in advance of their intention of submitting a response to ensure familiarity with the City of Boca Raton's eSourcing Portal and submitting a response through it. The City shall not be responsible for a Proposer's inability to submit a response by the closing date and time for any reason, including issues arising from the use of the City of Boca Raton's eSourcing Portal. Bidder's response shall not contain any alteration to the Bid documents that were posted by the City other than entering data, information and signatures required by the Bid in the spaces provided for such data, information and signatures, and by including attachments as necessary. By submission of an electronic Bid response, Bidder affirms that a complete set of Bid documents was obtained from the City of Boca Raton eSourcing Portal and that Bidder made no alteration of any kind or nature to the Bid documents other than entering data, information and signatures required by the Bid or by including attachments as part of the Bid response. Electronic Bid submissions are only permitted to be upload prior to 3:00 p.m. on the Bid due date. Any attempt to upload a late Bid response at or after 3:00 p.m. on the Bid due date will be rejected by the City of Boca Raton eSourcing Portal. It is highly recommended that Bidders submit their Bid response as an electronic submission using the City of Boca Raton eSourcing Portal. Delivery of the Bid response as a sealed paper Bid response. 11 of 30 161 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 The City will receive Bids at the following address: City of Boca Raton City Hall / Attn: Purchasing Division, Room 105 Attn: Robin Annexstein Bid Number: 2022-007, Landscape Maintenance for Cemetery and Mausoleum 201 W. Palmetto Park Road Boca Raton, FL 33432 i. The envelope shall be identified on the outside with the Bidder's name and address, and the notation: "Bid No. 2022-007, Landscape Maintenance for Cemetery and Mausoleum". ii. Bidders are instructed to enter building through the front entrance door (North side of City Hall Building) when hand delivering bids. iii. Check in at the reception area and identify that you have a Bid package for delivery to the Purchasing Division. A representative from the Purchasing Division will be contacted to receive the Bid submittal or will already be at that reception area. The Purchasing Division representative will place a date/time stamp on your Bid submittal package to confirm receipt is prior to the closing date and time. iv. Bidders are responsible for verifying that they have received and viewed all bid pages. Bidders are requested to submit an original and no copy of their Bid document for review by the City. Each applicable response attachment as provided in the City of Boca Raton eSourcing Portal are to be submitted in accordance with the instructions for each specified attachment. 1.03.1 Rejected Bid Response A Bid response submitted either by upload or by hand -delivery after the specified due date and time will be rejected. As indicated above, the City of Boca Raton eSourcing Portal will not accept Bid responses that are attempted to be submitted after the due date/time. As to a hand -delivered Bid response, it will be rejected and returned unopened when the Bidder attempts to hand -deliver it or it will be rejected when it is attempted to be hand -delivered by a third party mail service. If the Bid response is delivered after the required date and time and a City representative is not available to reject it, that Bidder will be notified that the Bid response was submitted after the required/specified date and time and the City will return the Bid response, as long as the Bidder name and address is available on the Bid response package. 1.03.2 Viewing of Bid Response The names of the Bidders who have submitted a Bid response will be made available on the Purchasing Division Web page https://www.myboca.us/253/Tabulations-Award-Recommendations Bidder's Bid response (either uploaded or hand -delivered) shall be signed only by an individual authorized by the Bidder to both execute such Bid and to bind the Bidder. For electronic submissions, the signature included shall be deemed an original signature, shall be binding on the Bidder, and shall be relied upon by the City as a document authorized by the Bidder for all purposes. In addition to General Condition Item 1.7, the City utilizes "Go To Meeting" as their Communications Media Technology (CMT) as fully detailed in Exhibit CMT for the public Bid opening. 1.04 INTERPRETATION / INQUIRIES / CORRECTION OF BIDDING DOCUMENT All Bidders shall carefully examine the Bid documents. Any ambiguities, errors or inconsistencies shall be brought to the attention of the City procurement contact in writing prior to the opening of Bids. Failure to do so by the Bidder will constitute an acceptance by the Bidder of any subsequent decision by the City and a waiver of any such ambiguity or inconsistency. Bidders shall promptly notify the City procurement contact in writing of any ambiguity, inconsistency or error which is discoverable upon examination of the Bidding documents or of the site and local conditions. In conjunction with General Term and Condition No. 3.10, such notice to be provided at least seven (7) business days prior to the Bid due date at the address listed below. 12 of 30 162 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Bidders requiring clarification or interpretation of the Bidding documents shall make a written request which shall reach the City at the address listed below at least seven (7) business days prior to the Bid due date. Bidders requesting clarification or interpretation of the Bidding documents shall identify in their correspondence the article, section or page for each inquiry made. Inquiries shall clearly address the Bid number and Bid title in the subject line and be addressed to the City's Purchasing Division at: City of Boca Raton/Purchasing Division, Room 105 Attn: Robin Annexstein Bid Number: 2022-007, Landscape Maintenance for Cemetery and Mausoleum 201 W. Palmetto Park Road Boca Raton, Florida 33432 Or by Email Email: annexstein(@myboca.us Oral explanation given before the opening of the Bid will not be binding. Any interpretation or corrections to the Bidding document will be in the form of an Addendum. Only questions answered by formal written Addenda will be binding. 1.05 EXISTING CONDITIONS / INSPECTION OF FACILITIES It is the Bidder's responsibility to become fully informed as to the nature and extent of the work required, ascertain pertinent local conditions and its relation to any other work in the area, including possible interference from other site activities. Bidders may visit the locations on their own and can refer to Exhibit C — Maps, which contains maps of all locations or they may contact City Representative Julia Shelton, 561-393-7748 regarding questions on the directions and/or locations requiring service. Bidders are advised to make a thorough inspection of the site. After the Bid has been awarded, no extra charge or compensation will be allowed by the City as a result of differences between actual materials and labor, unless by reason of unforeseeable causes beyond his/her control and without fault or negligence, including, but not restricted to acts of God or neglect of any other contractor. PART II DEFINITIONS 2.01 DEFINITIONS City of Boca Raton eSourcing Portal: the electronic bidding platform software used by the City of Boca Raton, managed by IonWave Technologies, Inc. PART III BIDDING AND AWARD PROCEDURES 3.01 F.O.B. POINT All prices quoted shall be F.O.B. destination, freight prepaid (Contractor pays and bears freight charges, Contractor owns goods in transit and files any claims). The Contractor shall be fully responsible for any and all travel expenses and/or delivery/transport charges to and from destination. Exact delivery point will be indicated on the purchase order, when not listed in the Bid document. All costs derived for transporting materials, labor and equipment to perform the services in this Contract shall be borne by the Contractor and reflected in the unit price. 3.02 QUALIFICATION OF BIDDERS This Bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work specified and meets or exceeds the qualification requirements listed in Qualification of Bidder Form. The Bidder should submit Qualification of Bidder Form and applicable supplemental documents with their Bid package to be considered responsive in order for the City to fully evaluate the Bidder's qualifications. If information is not included, the City reserves the right to solicit Bidder for the submission of this information. Failure by Bidder to provide the omitted information within the specified time frame(s) communicated in writing may result in Bidder's Bid response being 13 of 30 163 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 considered non-responsive and thereby rejected. Response for each qualification requirement should be submitted by use of the City provided Qualification of Bidder Form. THE QUALIFICATION OF BIDDER REQUIREMENTS FOR THE BID ARE IDENTIFIED IN QUALIFICATION OF BIDDER FORM. 3.03 COMPETENCY OF BIDDERS Pre -award inspection of the Bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance to warrant that they can satisfactorily execute the services under the terms and conditions stated herein. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. 3.04 BACKGROUND INFORMATION The City reserves the right, before awarding the Contract to require a Bidder to submit such evidence of their qualifications as it may deem necessary, and may consider any evidence available to it as to the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City. Moreover, the City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to, a background investigation conducted by the City of Boca Raton Police Department. As part of the Bid evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to investigate. City is the sole judge in determining Bidder's qualifications. 3.05 SUBCONTRACTING It is the intention of this Bid not to subcontract any work. However, if a Bidder must subcontract, subcontracting is ONLY permitted for the following services: Chemical Pest Control. If subcontracting for chemical pest control services, Bidder shall show documentation of at least one person employed with their firm or subcontracted and assigned to this Contract that has a current State of Florida Certified Pesticide Applicator's License to perform Chemical Pest Control Services as detailed in the Qualification of Bidder form. If a Bidder will be subcontracting any portion of the work, for any reason, Bidder must include this information with their Bid response in writing by use of Schedule of Subcontractor Participation Form detailing extent of work to be performed by subcontractor If Bidder should need to change subcontractor information, changes are subject to the approval by the City. The City of Boca Raton reserves the right to reject a Bid of any Bidder if the Bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contract of a similar nature, or who is not in a position to perform properly under this award. Changing subcontractors throughout the course of the Contract is prohibited, unless the Contractor obtains written approval from the City project manager and replaces the subcontractor with a new subcontractor that is equivalent in experience and qualifications. The City reserves the right to reject any request to change subcontractor that does not meet these requirements, and Contractor will be required to find an equivalent subcontractor. Contractor shall ensure that all subcontractors have and maintain proper insurance for the portion of the work that they will be completing, as well as all workers' compensation and other insurance. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the City of Boca Raton. 3.06 TERMS, CONDITIONS AND SPECIFICATIONS With the exception of submitting an "Alternate" in accordance with item 3.9 of the "General Terms and Conditions", no additional terms, conditions or specifications included with Bidder's Bid response shall be evaluated or considered and any and all such additional terms, conditions and specifications shall have no force and effect and are inapplicable to this Bid. If submitted either purposely through intent or design or inadvertently separately in transmittal letters, vendor quotation/proposal forms, specifications, literature, price lists or 14 of 30 164 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 warranties, it is understood and agreed the general conditions, special conditions and technical specifications and statement of work in this Bid are the only terms applicable to this Bid and Bidder's authorized signature attests to this. 3.07 METHOD OF AWARD In conjunction with General Condition 3.2, award recommendations shall be subject to the approval of the City Manager, City Manager designee or City Council as provided for the City's Code of Ordinances. Award recommendations to be posted on the City of Boca Raton Purchasing Division Notice Board for a period of three business days prior to making the award. • The City reserves the right to award to a single Bidder on an all or none basis. Bidder is required to bid all items to be considered. 3.08 TIE BID RESPONSES Tie Bids shall be made in accordance with item 3.13 of the General Conditions. In the event none or multiple firms comply with the Drug -Free Work Place in accordance with Florida Statute 287.087 and the tie Bid still remains, the following shall apply. A. Whenever two Bid Responses, which are equal with respect to price and are deemed the low responsive and responsible Bidders are received by the City for the procurement of commodities or contractual services, the City will make the decision by way of a coin toss to determine the single awarded Bidder. Notice of using a coin toss to determine the award will be provided to the two tie Bidders. B. Whenever three or more Bid Responses which are equal with respect to price and are deemed the low responsive and responsible Bidders are received by the City for the procurement of commodities or contractual services, the City will make the decision by way of a drawing to determine the single awarded Bidder. Notice of using a drawing to determine the award will be provided to the three or more tie Bidders. 3.09 POST AWARD MEETING Within seven (7) days after receipt of notification of Bid award, Successful Bidder (hereinafter referred to as the Contractor) shall have their assigned account representative meet/review/schedule a conference call with the City Project Manager. Items to be reviewed include, but are not limited to: • Summarized Time Schedule • Number of crew • Plan of entry, exit and flow of service • Contact lists and phone numbers PART IV INSURANCE REQUIREMENTS Proof of ability to obtain insurance to be submitted with Bid document unless exempted. 4.1 COMMERCIAL GENERAL LIABILITY Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. Contractor agrees its coverage will not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X -C -U Coverage, Contractual Liability, Cross Liability or Separation of Insureds. The Contractor agrees any self-insured retention or deductible shall not exceed $25,000. Additional Insured Endorsements The Contractor agrees to endorse the City of Boca Raton as an Additional Insured on the Commercial General Liability policy on a primary and non-contributory basis with CG 20 10 04 13 endorsement or ISO equivalent. 4.2 WORKER'S COMPENSATION & EMPLOYER'S LIABILITY 15 of 30 165 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 The Contractor agrees to maintain its own Worker's Compensation & Employers Liability Insurance in compliance with Florida Statute 440. (NOTE: Elective exemptions or coverage through an employee leasing arrangement will NOT satisfy this requirement). 4.3 BUSINESS AUTOMOBILE LIABILITY Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than $500,000 per Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. In the event that the Contractor does not own any vehicles, we will accept hired and non -owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the Contractor indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. Contractor's Signature: 4.4 SUBCONTRACTOR'S INSURANCE The Contractor shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverages required of the successful Contractor. Each subcontractor shall furnish to the successful Contractor two copies of the Certificate of Insurance, and successful Contractor shall furnish one copy of the Certificate to the City of Boca Raton. 4.5 SUPPLEMENTAL PROVISIONS 1. The insurance policy coverage as outlined herein shall remain in effect for the entire contract period. In the event of coverage cancellation, non -renewal, material change, modification or lapse of coverage, Contractor shall notify the City within thirty (30) business days with written notice of such to the Purchasing Division by email to Purchasing-InsuranceLa)mybocam . All renewal or replacement certificates of insurance specific to the contract/agreement/award shall be forwarded to the Purchasing Division by email to Purchasing-InsuranceLa)myboca.us PART V PURCHASE ORDER AND CONTRACT TERMS 5.01 CONTRACT The signed Bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon award of the Bid by the City Manager or the City Council and execution of a City of Boca Raton purchase order or a Notice of Award letter from the City. The City Manager approval or the City Council approval shall constitute authorization to execute a City of Boca Raton purchase order and/or Notice of Award letter with reference to the Bid, which shall act as the binding Contract between the City and the awarded Bidder(s). The Contract shall include the Bid solicitation, any and all addenda issued by the City and the Bid response submitted by the Bidder. In any discrepancy between the documents, the order of precedence shall be as follows: 1) Addendum in reverse order of release; 2) Bid solicitation; 3) Bid response. In case of default on the part of the awarded Bidder, the City may procure the items or services from other sources and hold the Bidder responsible for any excess cost occasioned or incurred thereby. 16 of 30 166 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Where the Contract involved a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. 5.02 CONTRACT PERIOD AND AUTOMATIC RENEWAL The initial Contract period shall commence upon the date of notice of award by the City and shall be for a one (1) year term automatically renewed thereafter for four (4), one (1) year renewal periods subject to termination clause(s) as provided herein. Automatic contract renewal shall be subject to the appropriation of funds, satisfactory performance and determination that the contract renewal is in the best interest of the City. The City requires a firm price for the first year of the initial contract period. Automatic annual renewals shall be in compliance with the specifications, terms, conditions and any cost adjustments approved by the City. For the purpose of re -bidding, the Contract may be extended at the City's option for a defined period of time, not to exceed one (1) year. Option for extension will only be exercised upon mutual written agreement and with all specifications, terms, conditions and any cost adjustments approved by the City. 5.03 ANNUAL COST ADJUSTMENT Prices quoted shall be firm for year one (initial contract term). Thereafter, any annual term which Contractor requests a cost adjustment, the following conditions shall apply: 1. Prices bid may be subject to a cost adjustment only if increases or decreases occur in the industry. 2. Any requested adjustment shall be fully documented by the Contractor and submitted to the Buyer at least 90 days prior to each annual anniversary date. Contractor is responsible for obtaining confirmation of receipt for their cost adjustment submittal. 3. The cost adjustment submittal shall identify each Bid item affected and the proposed price adjustment with written justification documenting and attesting that the request is a bonafide cost increase/decrease, with applicable CPI index or other industry index data to support the cost increase/decrease. 4. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if adjustments are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date with written notice to the Contractor. Any cost adjustments approved by the City will be approved in writing from the City and made effective for the upcoming renewal term. In the event that a cost decrease is realized due to changes in the economy (CPI/CPU and/or decreases that are industry specific), the City shall have the right to request and receive from the Contractor a reasonable reduction in costs. 5.04 MODIFICATIONS/ADDITIONS/DELETIONS OF SERVICES Although this Bid identifies specific products/services/locations to be serviced, it is hereby agreed and understood that any product/service/location may be deleted from this Contract at the option of the City at any time when and where deemed necessary with written notice by the City. When the City may require additional products/services/locations, the Contractor agrees to provide a price quote for such product/services/locations based upon a formula or method which is the same or similar to that used in establishing the prices in this Bid. 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/services/locations from other vendors or to cancel the Contract or a portion of the Contract. Items added or amended must be mutually agreed upon in writing by the Contractor, the City's Project Manager and Purchasing Manager or appointed designee by use of a contract modification. 5.05 METHOD OF ORDERING Multiple purchase orders will be issued by the City. Purchase order(s) will be issued for each fiscal year of the Contract term. The authorized using Department(s) will order requirement(s) on an "as needed" basis. All terms, conditions and prices of this Bid are applicable. Only awarded Bid items may be purchased on a Purchase Order and Contractor is to take all necessary steps to only provide awarded Bid items. Invoices must reference purchase order number. 17 of 30 167 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 5.06 DEFAULT FOR DELIVERY TIME REQUIREMENTS In the event that the Contractor cannot respond adequately to the completion time requirements identified herein by reason of equipment failure or any other reason, the Contractor shall advise the City in writing within 24 hours of said inability, and further advise as to the length of said inability. The City may then consider said inability to be a breach of this Contract and may cancel the Purchase Order and/or Contract and any outstanding services with no penalty to the City and undertake the necessary work through its own services, from another vendor source or from the next lowest responsive, responsible Bidder. The City shall have the right to deduct the cost incurred in having to provide said services from the payments to be made to the Contractor under this Contract. 5.07 QUANTITY The quantities shown are estimated as annual requirement. The City of Boca Raton reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this Contract. 5.08 ACCEPTANCE AND PAYMENT In conjunction with General Term and Condition No. 5.3 and 5.6, the City of Boca Raton will pay 100% of the Contract price for each order after all items have been delivered/installed and accepted / after all services have been provided and accepted by the City. The using department will make final inspection of the material/services covered by this Bid when it is delivered / installed in accordance with the specifications and must be approved before payment is made. 5.09 UNSUCCESSFUL SERVICES In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the City and given a time frame to correct the work/deficiency. There will be no cost to the City for these corrections. If work/deficiency is not corrected, or if the Contractor fails to perform any required service within the time frame agreed to, the City reserves the right to: a. Obtain the service of an alternate Contractor. Deductions of the cost of such substitute will be made from the Contractor's payments or owed to City. Exemptions may be given by the City if notified of any delays, problems or conflicts that may arise during the course of a particular project. b. Negotiate with the Contractor on a payment for the portion of acceptable work completed and usable to the City. C. Request for immediate replacement of services of partial or entire order. d. Cancellation of remaining order at no cost to the City e. Withholding payment until compliance is received Unsatisfactory performance may result in the termination of the Contract 5.10 PURCHASE ORDER DURATION Purchase orders issued must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the City term Contract shall apply to the single delivery/performance and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the Contract. However, if the Contractor expressly and in writing notifies the City Buyer as listed on the Purchase Order within three (3) business days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration 18 of 30 168 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 of the term contract, then the purchase order will either be amended in writing by the City within three (3) business days of receipt of the Contractor's notice to reflect the term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the term contract period by more than twelve months, including any term extension periods. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the term contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. 5.11 PROTECTION OF PROPERTY The Contractor shall at all times guard against damage or loss to the property of the City of Boca Raton or that of other vendors or Contractors and shall be held responsible for replacing or repairing any such loss or damage. The City of Boca Raton 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 successful Bidder or their agent(s). 5.12 CONTRACTOR RESPONSIBILITY The Contractor shall be responsible for the protection of property in the areas in the adjacent vicinity of the project; and for the protection of his own equipment, supplies, materials and work, against any damage resulting from the elements (such as flooding, rainstorms, wind damage, or other acts of God) or vandalism. 5.13 E -VERIFY Should Bidder become the Successful Bidder for Bid No. 2022-007, by entering into this Contract, the Successful Bidder 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 employees hired after January 1, 2021 (as well as contractual employees whose contract is renewed after January 1, 2021) and requiring all subcontractors/subconsultants to provide an affidavit attesting that the subcontractor/subconsultant 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/subconsultant 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 20 calendar days after the date of termination. If this Contract is terminated for a violation of the statute by the Successful Bidder, the Successful Bidder may not be awarded a public contract for a period of 1 year after the date of termination. Should Successful Bidder violate the requirements of Section 448.095, Fla. Stat., they shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. 5.14 PUBLIC SAFETY AND CONVENIENCE In the Contractor's use of streets and highways for the work to be done under these specifications, Contractor shall conform to all Municipal, County, State and Federal laws and regulations as applicable. The Contractor shall at all times so conduct their work so as to ensure the least possible obstruction to normal pedestrian and vehicular traffic including access to all public and private properties during all stages of work, and inconvenience to the general public and the residents in the vicinity of the work, and to ensure the protection of persons and property, in a manner satisfactory to the Project Manager or appointed designee. There shall be no obstruction of the travel lanes between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. without approval from the Project Manager or appointed designee. No road or street shall be closed to the public, except with the permission of the Using Department and proper governmental authority. Fire hydrants on or adjacent to the work area shall be kept accessible to fire -fighting equipment at all times. Temporary provisions shall be made by the Contractor to ensure the use of sidewalks, public telephones and the proper functioning of all gutters, sewer inlets, drainage ditches, and irrigation ditches. 5.15 EXISTING UTILITY FACILITIES The Contractor is to investigate, by pot -holing or by other methods, to verify the location of all existing utilities. Any conflicts found are to be brought to the attention of the City for resolution prior to start of work. Unless 19 of 30 169 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 otherwise directed, the Contractor is to support or otherwise protect all other utility companies' facilities while work is in progress. Unauthorized work, where damages are sustained by any utility (including irrigation) as a result of operations under this Contract shall be promptly repaired or replaced at the sole expense of the Contractor and no additional money shall be due for this repair or replacement work under this Contract. 5.16 LICENSES In addition to General Condition 5.18, the following license is required: • State of Florida Certified Pesticide Applicator's License to perform Chemical Pest Control Services — held by Contractor or Subcontractor responsible for all pesticide applications. Bidder must submit a copy of Contractor or Subcontractor's valid Florida Certified Pesticide Applicator's License with Bid submittal. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 20 of 30 170 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 TECHNICAL SPECIFICATIONS AND STATEMENT OF WORK PART I STATEMENT OF WORK The City of Boca Raton is seeking contracted services to perform landscape maintenance services for the City's Cemetery and Mausoleum. Services are intended on a routine, ongoing basis as specified herein throughout the term of the contract period. Services should be scheduled so that they occur, as much as possible, at equally spaced time intervals during each month. PART II TECHNCIAL SPECIFICATIONS Maps that are provided are for bidders reference only. Maps are attached as Exhibit C herewith and provided to bidders to reflect a drawing or aerial view of areas requiring service. Bidders shall reference map information to identify the parameters of the locations requiring service. 1. Turf Care Maintain turf areas in a healthy, growing, green, trim condition by performing the following operations: 1.1. Mowing general a. Mowing shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any "missed" uncut grass. b. Rotary mowers will be used on St. Augustine grass and Bahia Grass. c. All mowers must be adjustable and adjusted to the proper cutting height and level for the kind of grass and the current condition of the turf. Mower blade height adjustment is to be measured from a level floor surface to the parallel and level plane of the mower blade. d. All mower blades shall be sharp enough to cut, rather than to tear grass blades. e. All litter and debris shall be removed from turf before mowing to avoid shredding and/or damage to persons or property by propelled rocks, cans, etc. f. Mowing shall be done carefully so as not to "bark" trees or shrubs, intrude into ground cover beds, damage sodded berms, or cause damage to sprinkler heads, valves, manifolds, time clocks, curbs, or other facilities. Should any of the above listed damage occur, the Contractor will be held financially responsible for replacement or repair. g. Grass clipping or debris caused by mowing will be removed from adjacent walks, drives, gutters and curbs or surfaces on the same day as the turf is mowed. Grass clippings or debris shall be removed in such a way as to not cause drift into roadways or adjacent property. h. Mowing will not be done when weather or conditions will result in damaged turf. i. Berms must be mowed with small trim mowers. Riding mowers or weed eaters will not be permitted on berms. j. The Contractor shall carefully mow around markers and vases that have flowers and/or other objects and complete the area with a String Trimmer. k. Mowers should not be driven directly over or on the markers. I. Mower should be driven in a slow and consistent manner due to inconsistencies in the ground elevation, in order to prevent scalping the turf. 1.2. Mowinq Specifics (St. Augustine Grass) a. Grass is never to exceed six (6) inches in height. Never mow lower than three and one half (3 1/2) inches. b. Cemetery and Mausoleum areas must be mowed within a three (3) consecutive day period: Wednesday, Thursday and Friday, year- round. c. A mowing schedule will be provided to the Contractor monthly and will be followed in strict accordance. d. Special attention will be given to all National Holidays to ensure the cemetery is cut and edged two days prior to that holiday. SPECIAL NOTE: MOWING FREQUENCIES MAY BE DECREASED OR INCREASED DUE TO CLIMATIC FACTORS DETERMINED BY THE CITY. 21 of 30 171 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 2. String Trimming, Edging and Blowing Strinq Trimming Grass shall be string trimmed during, or as an immediate operation following, mowing. Trimming may be accomplished by hand or hand power shears or rotary nylon "fish line" cutting machines. Grass will be trimmed at the same height as adjacent turf is mowed. Trimmings must be removed from around all obstacles in the turf such as posts, trees, walls, and cement medians. Particular attention will be given to trimming around sprinkler heads and other irrigation system fixtures to assure their proper water delivery function. b. Edging Mechanical edging (vertical trimming) of all turf edges abutting sidewalks, flush paved surfaces including all road curbs, drives, etc., will be done during or as an immediate operation following, mowing. Turf edging at shrub beds, flower beds, ground cover beds, hedges, or around trees (where "edging" rather than "trimming") is directed shall be edged with a manual or mechanical edger to a neat vertical uniform line. Edging is required with each mowing. Dirt and debris produced by edging or trimming will be removed completely from site. Turf will be mechanically edged around all tree rings in lawn areas as directed by City designee. Turf will be mechanically edged approximately ten (10) inches out from the drip line of shrubs and hedges. Option: (Chemical Edging) Chemical application may be used in addition to mechanical edging, to kill weeds and turf in areas such as planters, areas adjacent to buildings, tree rings, fence lines, and cement medians (concrete divider isles). Prior to application of chemicals, all areas shall be trimmed to proper mowing height. Chemicals shall be applied in a manner to have no drift. Contractor is responsible for replacement of all damaged sod and other plant material at Contractor's cost. If replacement is not completed within one week of notification, City may replace sod or other plant material and deduct the cost from Contractor's monthly payment application. c. Sting Trimming, Edging and Blowing shall be done during or immediately following mowing within a three (3) consecutive day period: Wednesday, Thursday and Friday, year-round. d. Edging of Flat Ground Level Markers - All flat ground level markers shall be mechanically edged and shall be done with each mowing cycle. All grass and weeds shall be trimmed back at least one (1) inch from all sides of markers. All cuttings and debris will be removed completely from site. All flat markers must be vertically edged by mechanical "blade" method. Rotary nylon line trimmers are not acceptable for marker edging. e. Blowing: Grass clipping or debris caused by mowing, trimming or edging shall be removed from adjacent walks, ground markers, and seating areas on the same day as the turf is mowed. Grass clippings or debris shall be removed in such a way as to not cause drift into roadways, bike paths, canals or adjacent property 3. Shrub Trimming a. Shrubs shall be cut narrower at the top than at the bottom. b. Shrubs must appear orderly and neat at all times. General shrub trimming shall be done once a month. The City reserves the right to increase or decrease the frequency as deemed necessary due to climatic conditions. c. Contractor to remove all clippings from shrub tops, bases and adjacent areas. Remove and dispose off site all shrub cuttings and clippings from the shearing and trimming operations on the same day as operation occurs. Under no circumstances are clippings to go into roadways or walkways. 4. Weed Removal Definition: A weed is defined as any plant that is not desired in a given location as defined by the existing landscape plan. A weed -free condition describes total elimination and removal. A. Weed Removal: 22 of 30 172 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Contractor shall provide weed removal service with each mowing cycle. The City reserves the right to increase or decrease frequencies due to climatic factors as determined by the City's Contract Administrator. Contractor is responsible for keeping all areas weed -free at all times. a. Weeds are to be completely removed from all shrub, hedge, ground cover, gutters, cement, medians, flower beds, tree rings or other pavement, paver block and asphalt areas during the contract period. The entire Cemetery shall remain weed -free at all times using manual or chemical methods. b. Weeds are to be completely eliminated from edges of asphalt and/ or paver block areas, valve boxes, signposts, irrigation equipment and catch basins. c. Any hardscape element shall be immediately repaired or replaced by the Contractor if it is damaged or stained as a result of this service. Damage to other plant material shall be immediately repaired/replaced by the Contractor. d. There shall be no run-off of chemicals into adjacent canals. e. Contractor shall submit all Material Safety Data Sheets (M.S.D.S/S.D.S.) on products to be used for weed -eradication 48 hours in advance. f. Each frequency must commence on schedule and last no more than 3 days per frequency to complete. g. Each frequency is then subject to inspection for compliance. Weekly inspections will be performed and deductions shall be taken for areas found not to be weed -free. Deductions will be taken for incomplete work. h. Weeds may be eliminated manually by hand pulling, scuffle hoeing, etc. i. Weeds may be eliminated by applying a glyphosate -based herbicide (Round -up) in a granular or liquid form or by applying a pre/post emergent. There shall be no evidence of dead weeds. j. Contractor shall supply all chemicals as part of the contract at no additional cost. Contractor should use a one -day weed elimination product for highly visible areas. k. All weed debris is to be removed from the site the same day. B. General Use for Chemicals: a. All work involving the use of chemicals shall be in compliance with all Federal, State and local laws. b. Contractor shall provide M.S.D.S./S.D.S. to the City designee for all proposed chemicals and fertilizers with commercial name, application rates and type of usage 48 hours prior to use. c. Contractor shall notify City of day, time and method of application 48 hours prior to application. Signage shall be applied immediately prior to application in the immediate area of application. Signage to remain in place as dictated by the product label. d. Applicator shall follow all label instructions and precautions and calibrate the spreader or sprayer to the correct rate of application per 1,000 sq. ft. e. Upon completion, the Contractor shall record all pertinent information on the City's chemical use form (see Exhibit D)and immediately forward to the City. (Records must be kept and retained as prescribed by law for the use of fertilizers and chemicals, of all operations stating dates, times, methods of application, chemical formulations, applicators' names and weather conditions). f. Any soil, sod, plants or hardscape damage during the chemical operation by misuse of fertilizer or chemicals shall be removed, repaired and/or replaced by the Contractor at his/her cost immediately. If replacements have not been made within one week after notification, the City may make replacements and deduct the cost of labor and materials from the Contractor's payment. 23 of 30 173 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 g. Contractor to carry at all times materials to cleanup a spill and shall not transport any open containers or spray tanks. h. Vehicular access shall be scheduled and applications are to be performed prior to 11:00 a.m. weekdays only. (No weekend or holiday applications shall be permitted.) Contact City designee to schedule all activities. 5. Mulch The City will provide Mulch to the Contractor at a single site, to be determined. Contractor shall apply mulch as follows: Shredded mulch shall be added to planting beds and tree rings 2 times annually, in May (prior to the Memorial Day weekend) and in late October/early November (prior to the Veterans Day weekend) . Mulch shall be applied two (2) inches thick. Beds shall be clean of weeds when new mulch is applied. Mulch must not contact stems, branches or trunks as this can cause damage to plant material. Mulch shall be kept clear of valve boxes, water meter boxes and other irrigation components. 6. General a. Unless otherwise specified, no maintenance shall be performed on weekends or holidays unless requested in writing and approved in advance by the Contract Administrator. b. Special attention shall be given to specified areas prior to national holidays and holiday weekends to ensure that the City is at its best during these times. Contractor will verify that all required maintenance has been properly performed no more than two days in advance of holidays and holiday weekends. See Exhibit A — City Observed Holidays c. Contractor shall receive schedules each month identifying required dates for semi-annual, monthly or weekly contract services. d. Contractors are required to follow "State of Florida Manual on Traffic Control and Safe Practices." Contractors are responsible for providing all safety gear, equipment and traffic control devices for maintenance personnel. For identification purposes all maintenance vehicles shall have Contractor name and/ or logo displayed prominently. All staff shall wear shirts with Contractor name and/ or logo prominently displayed; all staff shall wear safety vests and other personal protective equipment as necessitated by task. Contractor staff will be dismissed from site by City personnel if not in compliance. e. Contract Administrator shall inspect contract areas after scheduled maintenance. Failure to provide services as requested in this bid may result in necessary action as outlined in the Special Conditions. f. Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. — 5:00 p.m., Monday through Friday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from City employees should be returned within four (4) business hours. . g. At any time during the contract period, if the City removes trees and/or various shrubs due to storm damage and/or determines to remove trees and/or various shrubs at the discretion of the City for any reason, the Contractor shall maintain the replacement trees and/or shrubs at no additional cost to the City, provided that the maintenance is similar and/or the same to the species that existed prior to replacement. Installation of palms and/or major re -beautification to areas will be done in accordance with Special Condition 5.04 "Modifications/Additions/Deletions of Services". 24 of 30 174 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 EXHIBIT A SUMMARIZED TIME SCHEDULE The City reserves the right to add, delete and/or change the schedule of services listed herein providing advance notification to the Contractor. 1 TURF CARE Turf Care Work to be Performed: Mowing Once a week within a three (3) consecutive day period Wednesday, Thursday and Friday of each week, year round. 2 STRING TRIMMING, EDGING AND BLOWING String Trimming, Edging and Blowing Work to be Performed: String Trimming Grass Once a week within a three (3) consecutive day period Wednesday, Thursday and Friday of each week, year round. Edging Within a three (3) consecutive day period Wednesday, Thursday and Friday of each week, year round. Blowing Once a week within a three (3) consecutive day period Wednesday, Thursday and Friday of each week, year round. Edging of Flat Ground Level Markers Once a week within a three (3) consecutive day period Wednesday, Thursday and Friday of each week, year round. 3 SHRUB TRIMMING Shrub Trimming Work to be Performed: Shrub Trimming Once a month. 4 WEED REMOVAL TO VARIOUS AREAS Weed Removal Work to be Performed: Weed Removal Once a week within a three (3) consecutive day period Wednesday, Thursday and Friday of each week, year round. 5 MULCH Mulch Application Work to be Performed: Mulch Application Mulch provided by City; application two times annually, in May and in October/November. 25 of 30 175 EXHIBIT B CITY OBSERVED HOLIDAYS • New Year's Day (January 1st) • Martin Luther King Jr. Day (31 Monday in January) • President's Day (3rd Monday in February) • Memorial Day (Last Monday in May) • Independence Day (July 4th) • Labor Day (1st Monday in September) • Columbus Day (2nd Monday in October) • Veterans Day (November 11th) • Thanksgiving Day (4th Thursday in November) • Christmas Day (December 25th) 176 O - Main Complex rrraiiaiariiriirrri�iiai��urarnnlr � I !�� a �' '� Areas to be mowed & trimi 01 - Section E 02 - Section F EXHIBIT C MAUSOLEUM 177 SECTION P North Buildings P1 -TURF AREA P2 - MEDIAN P3 - PODOCARPUS HEDGE P4 -GARDEN, (2) PALM BEDS, (1) STRIP OF GRASS w 178 CEMETERY AREA LOCATIONS: A -K K 'COMMON AREAS Defined as: 1. Portico to Section E 2. Administration bldg. 3. Camino Real — both sides of hedge and area behind Mausoleum Bldg. 4. Island for east entrance. G — Cocoplum Hedges (includes Cocoplum hedges around white fence enclosure) H — Maintain Cocoplum hedges and Bahia sod from sidewalk to 40 feet east of sidewalk J1 - Turf area to be maintained 179 EXHIBIT D CITY OF BOCA RATON CHEMICAL/FERTILIZER APPLICATION LOG Name of Applicator Company Date (D/Mohr) Time Location Target Area Pest Product Used/Application Rate Type Equipment Used Weather Conditions 180 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 BIDDER CERTIFICATION FORM (This form must be signed in the presence of a Notary Public) I certify that I am authorized to bind performance of this Bid for the Bidder. I certify that this Bid is made without collusion or fraud. I certify acceptance of the terms, conditions and specifications of this Invitation to Bid. I certify that this Bid submittal is in accordance with the specifications in its entirety and with full understanding of the conditions governing this Bid. *Bidder must submit proof that their firm name is registered with their State of origin. *Name of Bidder: (Firm Name as Registered with their State of origin) Federal I.D. No.: Above Bidder is: () Corporation () Limited Liability Corporation () Sole Proprietorship () Partnership/Joint Venture Business Address: Street Address : (P.O. Box Address is not permitted) City, State, Zip: Mailing Address: ( ) check if same as Business Address above Street Address: City, State, Zip: Business Phone No: Business Fax No.: Authorized Signer: Name of Authorized Signer: Title of Authorized Signer: President or other Authorized Officer/Member/Manager Email for Authorized Signer: Authorized Written Signature: STATE OF: COUNTY OF The foregoing instrument was acknowledged before me by means of' this day of , 20 by (or who has produced as identification). NOTARY PUBLIC SIGNATURE: NOTARY NAME: Commission Number: physical presence or online notarization who is personally known to me My Commission Expires: 181 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 QUALIFICATION OF BIDDER FORM This Bid shall be awarded only to a Responsive and Responsible Bidder, qualified to provide the work specified and meets or exceeds the qualification requirements listed in Qualification of Bidder Form. The Bidder should submit Qualification of Bidder Form and applicable supplemental documents with their Bid package to be considered responsive in order for the City to fully evaluate the Bidder's qualifications. If information is not included, the City reserves the right to solicit Bidder for the submission of this information. Failure by Bidder to provide the omitted information within the specified time frame(s) communicated in writing may result in Bidder's Bid response being considered non-responsive and thereby rejected. Response for each qualification requirement should be submitted by use of the City provided Qualification of Bidder Form. Bidder is responsible for verifying correct phone numbers and contact information. Failure to provide accurate data may result in the reference not being obtained and not considered for evaluation. Name of Bidder: Qualification Requirement No. 1 Bidder shall provide three (3) references for landscape maintenance services (including mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching, for accounts similar in area size and type of facility, satisfactorily completed denoting service description, service area size, dates of contracts, names, addresses and phone numbers of clients (private and/or public entities) within the time range of May 2018 through May 2022. References shall be for prior or ongoing service contracts with at least twelve (12) months continuous service completed. Reference No. 1 Company/Entity Name Address City, State, Zip Contact Name & Title Contact Email Contact Phone No. Dates of Service Period Summary of Services Provided: Confirm this reference was for provision of mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching ❑ Yes ❑ No 182 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Reference No. 2 Company/Entity Name Address City, State, Zip Contact Name & Title Contact Email Contact Phone No. Dates of Service Period Summary of Services Provided: Confirm this reference was for provision mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching ❑ Yes ❑ No Reference No. 3 Company/Entity Name Address City, State, Zip Contact Name & Title Contact Email Contact Phone No. Dates of Service Period Summary of Services Provided: Confirm this reference was for provision of mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching ❑ Yes ❑ No 183 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Qualification Requirement No. 2 Bidder shall have a minimum of one person employed with their firm or subcontracted and assigned to this Contract that has a current State of Florida Certified Pesticide Applicator's License to perform Chemical Pest Control Services. Bidder to submit a copy of the individual's certification as part of Bidder's Bid response. Named individual on Certificate: Confirm certification provided as an Attachment to the Bidder Qualification submittal: ❑ Yes ❑ No Qualification Requirement No. 3 The City will not award a Bid to any Bidder who cannot provide evidence that their Firm Name identified on the "Bidder Certification" form has been in business for a minimum of one (1) year, excluding any affiliate or parent companies. Evidence of a minimum of one (1) year shall be verified in accordance with filing date by the State of Florida or the Firm's State of Origin of Bidder's firm. Bidder to indicate number of years their firm has been in business: Bidder to submit proof for years their firm has been in business as an attachment. Bidder to confirm attachment is submitted Yes ❑ No ❑ 184 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 QUESTIONNAIRE Name of Bidder 1. Name of individual to contact with questions regarding Bid submittal: Name/Title: Phone: Email: 2. Contact person for Insurance Certificate: Name Phone: Email: 3. Contact person for Accounts Receivable and is authorized to validate and provide banking information if requested by City of Boca Raton Treasurer or their designee: Name Title Phone: Email: 4. Bidder must have an office phone number, Cell number and Email address where staff can be contacted Monday through Friday between the hours of 7:00 a.m. — 5:00 p.m. Staff listed should include, owner, supervisors, office staff, etc. Contact Name Office Phone Cell Phone Email Address 5. Bidder to list their equipment to be used. The equipment list shall be up-to-date and include brands, model numbers and age of equipment. 6. List the specific number of workforce and their titles to be assigned to this contract. 185 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Bidder to provide physical address of where vendor stores equipment (i.e.: Trucks, Mowers, Lawn equipment, etc.) 186 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 SCHEDULE OF SUBCONTRACTORS PARTICIPATION Name of Bidder: It is the intention of this Bid that the Bidder does not subcontract any work as detailed in the Special Conditions, Item 3.05. However, if a Bidder must subcontract, subcontracting is ONLY permitted for the following services: Chemical Pest Control. Bidder to identify each subcontractor that will be performing any portion of the work, for any reason. Bidder to submit this information with their Bid response using the City form or a separate form that provides at a minimum the information detailed herein. Name of Subcontractor: Address, City, State, Zip: Phone / website address: Type of work to be performed: Amount of work to be performed: Why is a subcontractor necessary? Name of Subcontractor: Address, City, State, Zip: Phone / website address: Type of work to be performed: Amount of work to be performed: Why is a subcontractor necessary? Name of Subcontractor: Address, City, State, Zip: Phone / website address: Type of work to be performed: Amount of work to be performed: 187 Why is a subcontractor necessary? Name of Subcontractor: Address, City, State, Zip: Phone / website address: Type of work to be performed: Amount of work to be performed: Why is a subcontractor necessary? 188 11 DRUG-FREE WORKPLACE FORM 11 The undersigned Bidder (vendor) in accordance with Florida Statute 287.087 hereby certifies does: (Name of Business/Bidder) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Signature of Bidder Name Printed Date 189 2022-027 Landscape Maintenance for Cemetery and Mausoleum Part 111 Bid Response - Pricing Form and Rates Bidders are directed to the Method of Award Language in the Special Conditions for requirements related to the line items/groups that are or are not required to be bid on. Bidders prices shall reflect ALL the terms, conditions and specifications noted in this bid for all areas. With the exception of the shaded boxes, bidder must bid on all items/boxes in each of the areas to be considered. Failure to bid all items shall cause bidder's bid to be considered non-responsive and thereby rejected. Bidders are encouraged to submit prices of a monetary amount of $0.00 or higher. If bidder submits a monetary amount of $0.00, such $0.00 bid price shall mean "No charge to the City". Reference of any other words for item(s) such as, but not limited to "Not Applicable"," No Bid", "NIA", "Included" SHALL NOT BE ACCEPTED and bidder's bid response will be rejected. AREA LOCATION Mowing String Trimming Edging Blowing Edging of Flat Ground Level Markers Shrub Trimming Mulch Weed Removal Application CEMETERY unit price unit price unit price unit price unit price unit price unit price unit price A. SECTION A B. SECTION B C. SECTION C D. SECTION D E. SECTION E (SEE 01.) F. SECTION E (SEE 02.) G. SECTION G H. SECTION H I. SECTION I J. SECTION J A. SECTION A K. COMMON AREAS L. SUBTOTAL $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.00 M. ESTIMATED ANNUAL QTY 52 52 52 52 52 12 52 2 N. TOTAL PER TASK FOR CEMETERY (L X M) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MAUSOLEUM O. MAIN COMPLEX 01. SECTION E 02. SECTION F P. NORTH BUILDINGS P1. TURF AREA P2. MEDIAN (Tibouchina & Ixora) P3. PODOCARPUS HEDGE P4. TWO WEEPING HIBISCUS, BED & STRIP OF GRASS Q. SUBTOTAL 1 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.001 $0.00 R. ESTIMATED ANNUAL QTY 1 52 1 52 1 52 1 52 1 52 1 12 52 2 S. TOTAL PER TASK FOR MAUSOLEUM Q X R $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 GRAND TOTAL (Add all totals for ROW N and S): 11 Company Name: Date: 190 CITY OF Boca June 22, 2022 PURCHASING DIVISION 201 WEST PALMETTO PARK ROAD • BOCA RATON, FL 33432 Raton PHONE (561) 363-7871 (FOR HEARING IMPAIRED) TDD (561) 367-7043 www.myboca.us Addendum No. 1 Bid No. 2022-007 Landscape Maintenance for Cemetery and Mausoleum The following Addendum items are amendments to the original Bid document and shall be considered as an integral part of said Bid document and bindings thereon as if bound therein. All items of the Bid document shall remain intact unless amended by this addendum. Addendum No.1 is one (1) page and includes no attachments. This addendum serves as notice of the following change(s). Changes are as denoted by use of underline (additions) and strikeout (deletion). PART I TERMS CONDITIONS AND SPECIFICATIONS, SPECIAL CONDITIONS, PART I INSTRUCTIONS TO BIDDERS: A. Amend fourth paragraph, item 1.01, INSTRUCTIONS TO BIDDERS Due date and time for Bid response: Bid shall be received prior to 3:00 p.m. local time (Boca Raton, FL) on une 22 '^" July 5.2022. Robin Annexstein Buyer Bidder to acknowledge this addendum by completing the section below and submission of this form with their Bid document. Company Name: / Signed: STAY CONNECTED - AN EQUAL OPPORTUNITY EMPLOYER - 191 PURCHASING DIVISION CITY OF 201 WEST PALMETTO PARK ROAD - SOCA RATON, FL 33432 PHONE (561) 393-7871 Boca Raton (FOR HEARING IMPAIRED) TDD (561) 367-7043 ib" www.myboca. June 22, 2022 Addendum No.1 Bid No. 2022-007 r ankpm ni 'for", f r rt The following Addendum items are amendments to the original Bid document and shall be considered as an integral part of said Bid document and bindings thereon as if bound therein. All items of the Bid document shall remain intact unless amended by this addendum. Addendum No. 1 is one (1) page and includes no attachments. This addendum serves as notice of the following change(s). Changes are as denoted by use of underline (additions) and strikeout (deletion). A. Amend fourth paragraph, item 1.01, INSTRUCTIONS TO BIDDERS Due date and time for Bid response: Bid shall be received prior to 3:00 p.m. local time (Boca Raton, FL) I-- -1-2,44224uly 6, 2022. 1 Robin Annexstein Buyer Bidder to acknowledge this addendum by completing the section below and submission of this form with th Bid document. I Company Name: Partnership Landscaping Signed: STAY CONNECTED ffl D @ - AN EQUAL OPPORTUNITY EMPLOYER - 192 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 (This for must be signed in the presence of a Notary Public) I certify that I am authorized -to bind cerformance of this Bid for thidrhis made willrau ephe termsonandpecictionsof this Invitationto Bid� I crtify thatthis Ecdsubmittal is inaccordance with the specifications iits entirety and with U1 understanding of the conditions governing this Bid. *Bidder must submit proof that their firm name is registered with their State of origin. *Name of Bidder: Partnership Landscaping (Firm Name as Registered with their State of origin) Federal I.D. No.: 30-0992212 Above Bidder is: Cx!!) Corporation Sole Proprietorship Business Address: Street Address : 1351 Wyndcliff Or (P.O. Box Address is not peFrrrltted) City, State, Zip: Wellington, Fl 33414 (----J Limited Liability Corporation (---) Partnership/Joint Venture M9!!!9RA4qEqE§: ( ... ) check if same as Business Address above Street Address: 11924 Forrest Hill Blvd STE 10A- #371 City, State, Zip: Wellington, FI 33414 Business Phone No: 561-371-4468 Business Fax No.: Authorized -aLqner. Name of Authorized Signer: Title of Authorized Signer: President or other Authorized Officcr/Member/1\4anager Email for Authorized Signer: in,fo@partnershiplandscaping.com Authorized Written Signature: STATE OF, Florida COUNTY OF ?a1m Beach The foregoing instrument was acknowledged before me by means of Y" -s__ __physical presence or online notarization this 28 day of June 2022 Jesus Lizana -------- �by who is personally known to me (or iW� has produced FL DL. "I as identification), NOTARY PUBLIC SIGNATURE: N01ARYNAME': 1 5,1 47,7 Commission Number: My Commission Expires: 3PJR,? k- NICOLE H. SHEMESH f My COMMISSION # GG 263139 EXPIRES: SePternber30,2022 Bonded Thru Notary Publir Underwriters 10'4.6k. _.a. 193 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 QUALIFICATION OF BIDDER FORM This Bid shall be awarded only to a Responsive and Responsible Bidder, qualified to provide the work specified and meets or exceeds the qualification requirements listed in Qualification of Bidder Form. The Bidder should submit Qualification of Bidder Form and applicable supplemental documents with their Bid package to be considered responsive in order for the City to fully evaluate the Bidder's qualifications. If information is not included, the City reserves the right to solicit Bidder for the submission of this information. Failure by Bidder to provide the omitted information within the specified time frame(s) communicated in writing may result in Bidder's Bid response being considered non-responsive and thereby rejected. Response for each qualification requirement should be submitted by use of the City provided Qualification of Bidder Form. Bidder is responsible for verifying correct phone numbers and contact information. Failure to provide accurate data may result in the reference not being obtained and not considered for evaluation. Name Of Bidder: Partnership Landscaping Qualification Requirement No. 1 Bidder shall provide three (3) references for landscape maintenance services (including mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching, for accounts similar in area size and type of facility, satisfactorily completed denoting service description, service area size, dates of contracts, names, addresses and phone numbers of clients (private and/or public entities) within the time range of May 2018 through May 2022. References shall be for prior or ongoing service contracts with at least twelve (12) months continuous service completed. Reference No. 1 Company/Entity Name Address City, State, Zip Contact Name & Title Contact Email Contact Phone No. Dates of Service Period Summary of Services Provided Triple Crown Property Mgt 11496 Pierson Rd C-13 Wellington, FI 33414 Phi.....-. I- Property Mgr tri lecro m_ p wnphil@gmail.com 561-601-2258' m �W ...._ Jan 2018 -Current aintenance, Property m landscape and irrigation installations, modifications, etc �m Confirm this reference was for provision of mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching ii Yes ❑ No 194 Company/Entity Name Address City, State, Zip Contact Name & Title Contact Email Contact Phone No. Dates of Service Period Landscape Maintenance for Cemetery and Mausoleum 1 Summary of Services Provided: Full landscape services from property maintenance to landscape 8 irrigation installations, and modifications Confirm this reference was for provision mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching Yes, ❑ No Reference No. 3 Company/Entity Name Jones Awning Address 127 NW 16th Street City, State, Zip Pompano Beach, FL 33060 Contact Name & Title Jeff- owne mmuW r Contact Email Contact Phone No. 561 -Z -642o Dates of Service Period may 2017- Currentm Summary of Services Provided. Full landscape services from property maintenance to landscape $ irrigation installations, and modifications Confirm this reference was for provision of mowing, string trimming, edging, blowing, shrub trimming, weed control, and mulching Yes ❑ No 195 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 Qualification Requirement No. 2 Bidder shall have a minimum of one person employed with their firm or subcontracted and assigned to this Contract that has a current State of Florida Certified Pesticide Applicator's License to perform Chemical Pest Control Services. Bidder to submit a copy of the individual's certification as part of Bidder's Bid response. Named individual on Certificate: Luke Lewis Confirm certification provided as an Attachment to the Bidder Qualification submittal: -*W Yes ❑ No Qualification Requirement No. 3 The City will not award a Bid to any Bidder who cannot provide evidence that their Firm Name identified on the "Bidder Certification" form has been in business for a minimum of one (1) year, excluding any affiliate or parent companies. Evidence of a minimum of one (1) year shall be verified in accordance with filing date by the State of Florida or the Firm's State of Origin of Bidder's firm. Bidder to indicate number of years their firm has been in business: 5 Bidder to submit proof for years their firm has been in business as an attachment Bidder to confirm attachment is submitted Yes* No* 196 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 QUESTIONNAIRE Name of Bidder: Partnership Landscaping 1. Name of individual to contact with questions regarding Bid submittal: Name/Title: David Seretsky/ MGRM 9 9 Phone: 9543254692 ;V mi=�MMMM Name Jesse Lizano Phone: 561-371-4468 Email: dave@partnershiplandscaping.com EEM= information if requested by City of Boca Raton Treasurer or their designee: Name Jesse Lizano Owner Title Phone: 561-371-4468 Email: info@partnershiplandscaping.com Bidder must have an office phone number, Cell number and Email address where staff can be contacted Monday through Friday between the hours of 7:00 a.m. — 5:00 p.m. Staff listed should include, owner, supervisors, office staff, etc. 5. Bidder to list their equipment to be used. The equipment list shall be up-to-date and include brands, model numbers and age of equipment. 7-wo J -7' Qf,,-Oer — -------- . ...... . ........... . ...... 6. List the specific number of workforce and their titles to be assigned to this contract. Foreman . .... . ..... ......... . .... ..... — 4 technicians 1 supe 197 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 7. Bidder to provide physical address of where vendor stores equipment (i.e.: Trucks, Mowers, Lawn equipment, etc.) 1351 Wyndcliff Road, Wellington Florida 33414 198 City of Boca Raton Landscape Maintenance for Cemetery and Mausoleum 2022-007 nix slocontract any worK as detailed in the Special Conditiort97 Item 3.05. However, if a Bidder must subcontract, subcontracting is ONLY permitted for the following services: Chemical Pest Control. Bidder to identify each subcontractor that will be performing any portion of the work, for any reason. Bidder to the information detailed herein. Name of Subcontractor: Native Pest Mgt Address, City, State, Zip: 2731 Vista Pkwy Unit D5, WPB, FL 33411 Phone / website address: 561-581-8098/ nativepestmanagement.com Type of work to be performed: Pest Control Amount of work to be performed: as needed per contract Why is a subcontractor necessary? licensed � Name of Subcontractor: Addraun. City, 3buby, Zip: Phone / website address: Type ofwork tobmperformed: Amount of work to be performed: Why is a subcontractor necessary? Name of Subcontractor: Address, City, State, Zip: Phone / website address: Type of work to be performed: Amount of work to be performed: 199 Why is a subcontractor necessary? Name of Subcontractor: Address, City, State, Zip: ITIT Phone / website address: Type of work to be performed: Amount of work to be performed: Why is a subcontractor necessary? 200 DRUG FREE mm RKPLACE FORM The undersigned Bidder (vendor) in accordance with Florida Statute 287.087 hereby certifies Partnership Landscaping Goes: ... _... ..a. _ . _ _ ._.. (Name of Business/Bidder) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Clrt� ,Jesse Lizano Name ....... ._ Signa are of Bidder Printed 6/28/2022 Date 201 APPLICATION FOR REGISTRATION OF FICTITIOUS NAME REGISTRATION# 621000125623 Fictitious Name to be Registered: PARTNERSHIP LANDSCAPING Mailing Address of Business: 11924 FOREST HILL BLVD STE 10A-#371 WELLINGTON, FL 33414 Florida County of Principal Place of Business: MULTIPLE FEI Number: 30-0992212 Owner(s) of Fictitious Name: ELITE LANDSCAPING SERVICES INC 11924 FOREST HILL BLVD STE 10A-#371 WELLINGTON, FL 33414 Florida Document Number: P17000048312 FEI Number: 30-0992212 FILED Sep 21, 2021 Secretary of State I the undersigned, being an owner in the above fictitious name, certify that the information indicated on this form is true and accurate. I further certify that the fictitious name to be registered has been advertised at least once in a newspaper as defined in Chapter 50, Florida Statutes, in the county where the principal place of business is located. I understand that the electronic signature below shall have the same legal effect as if made under oath and I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s. 817.155, Florida Statutes. JESUS LIZANO JR. Electronic Signature{s} Certificate of Status Requested (X) 09/21/2021 Date Certified Copy Requested (X) 202 Fenn W809 Request for Taxpayer 130y. oclo(rWZ018) Identification Number and Certification Intkitmi Fieverlull GO tO WWWJM9(W/FbrmM 10r i0struCtions and the tat est info Kara, 11 las a—hown 011e yCur MV ame tax raturni, Nwro ismarred On this twine; do = leave thus hrie blank' Elite Landscaping[Services Inc DBA Partnerghin I nnrionnninn OrvtOY narrte, A dif(vent frorn, acove dC bcx4or federa tax dazzgicat*c of the Oe=n wnc!�Co name M entwed On use 1, Check only orws4' the wing semn boxes, prapdowl ot crporaton C-Pc'an*" h ax t aratxiaa Tr as'votata L.LC 41 v Enter the tax ,C -c corporaInn, S-ta rcrp'xabon' P---Pamnd rf ftot.tier VP app'op'iev two. "is na eck LLC if tie LI.0 �s clalveted as a singk M Mbor A ner� Do I V�h, � 'nlQmbOr ILC that A dgegarded from ft o,4�ner wnm,sstho OrWrvr of thz LLO ns 2 znottmr LLC that Moot frac th"'Wr"erfar U'SfetraraltRA PixPr='s. Othgmiw, 4 5019*4namber LLC t�,z as 4mogwdedfrem the 'jwnar should dwtk ew appropnzleba% for fay fax of 1-s fawner. other f'soz' "Mt'Ur1*0'S) 1� .......... Address (nur000r� cr.SuAe Mtr :l4, narra� 11924 Forest Hill Blvd 5TEIOA-#371 6, Cni, ww'a' and Z"P rcai' tiltid ffington, FL 33414, 7 Give Form to the requester. Do not send to the IRS. 4 Exemptionro (meder, apply orgy tc c*utan oridjes, not n&,a,415; see msljuraarvs oil, Page 3h. Evempt p zy% cseo ;j aryl lixempt,on from FATCA regi pormg code "'d Arrp W10 amova's (optiatai , Enter your TIN in the appropriate box. 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Also see What Name, ard F Emp Iyer k Number ro Gave the toy gudeje% ot, cr os� r,)jm her to enter, 1 31 V Underoona(ties o.0 per)uty, i cetidy th4 1, The number shown on this form is my correct taxpayer idellfification number (or I asp waiting for Onumtaor to I)o rosued tomot and 2, t am not,%uejoct to backjtp withholdirg lata -cause 0) 1 arra ftempt from backup vWthhoWmg, car jb) I havar r*t bear, notrfjed by the Intamid Revonue SOfvicO A'RS) that 1 area subject to backup Wtvloictilv as a resuft of a ial)'Ureto 1"013" W 'rot, fost dmdends, no VOnger subject to batuGup withholdvnq and or or (c) ft IgS na, nactod nje that I am 3,1 am a US. ctVzen or, ati-jer U,& Person (defined balowj� and 4, The FATCA cedes) eiltefed ot, ttjrs form (if any) Maicatmg that I am exempt from FATCA repwting as cone[, Cortffication instroctions. You rysk;st proSS, OW wtetm 2 above d you have lloon r-.DtfieCj ty the IRS Itou are Cjr, n SubXt to backup wjtmnoVdrg c.Kause you ham fai�'&d Inc reors?t at Y f4, Tly , a"I 'Merest And Ovidends on your lay raturn, For reai asgato item 2 does rout apoly. For mortgage Interest paad, acqwvbon or abandonment ofseaved PMPW!Y, caqCQH1W0n of ddtt, aorjtrib',JbOns to an"rodroOuat revreff,,e-nt affangervem wd other tbzn jnt&t and youj are q01 rPfymmd To f tier the tRV gavatally, payanoatn W, Wu n1ust provide your correct RN See rh9 fst part if, fa!er 1F9S' Oateo� 06102/2022 General Instructions •Form 1094,01V (diwdstrode. mcWdjn9 those from stocks at mL;Iual Section refamnoes ate to the Intema,'ReytnuaCode un2ess OV,,jerwise fWlds) crated,- Form 1099-misc IVarious typos of mcorno. prt"es, awards, or grow,; Future. developments, For the jalest nformaton abeut devotopme 1, procceds) related to Form hoe.,,} and as such as legis, U .4 acted V on - Form 10",S (stock of, mutu&I fund sale's and cena�fj otI,,Qf after they were pAjblmhod, go to transactions 1!�Y biokors) Purpose of Form - Form E1:r)q- S (prom ori' from real estate trans of - Form i099,K jrnarchrnt card and ttlird party An Andiv4w, I or 0-011y (Fcrrn W-9 roquestorn 'xho a rEquIed to tsar all , informaton 1efum VAT11", #Va lRS mU2, mbt4ln * Form TM (narrie mart; �aq v, interest), 101.48-E (Student loan inlerecti. Vour caffect ta, Xpayer identificatmon number (TIN) which may be Your S=4 security number 7,099-T (SSN), undMduaa taxpayer identification number. #71Madoption - Form 1099- C (c taXP4YQr jdOntificallon number (ATW. gar omployvr identfication number - Form 1&)9.A iacquj&lzn Or abandOnryterit Of secured property) (EIN,k, to report on an jnfOmja-tfon return ft, anvunt palm to you, or other Use Form W-9 only J you are a U& Person (meluoknq a posoftni amount raoortabio on an IffOrmation retual, Examptes of tntarmaTion, ahen,',- to Pfcmde your correct TV% returns lrle-dude. but are not IiMgOd to, the following, #form 1099-INT&iterest eamer.def prajd$ It you do not raturn rorm W-9 to the toqtxster mth a TIN, yoj might be subJerf 0 b&cktP WithhOfdifag— See What as backup wrtfliholdmg, later. Form W-9 lRej David Beretsky <dave@partnershiplandscaping.com> TO: Jesse Lizano <info@partnershiplandscaping.com> Fri, Jun 3, 2022 at 7:26 AM 203 2022-027 Landscape Maintenance for Cemetery and Mausoleum Part 111 Bid Response - Pricing Form and Rates Bidders are directed to the Method of Award Language in the Special Conditions for requirements related to the line items/groups that are or are not required to be bid on. Bidders prices shall reflect ALL the terms, conditions and specifications noted in this bid for all areas. With the exception of the shaded boxes, bidder must bid on all items/boxes in each of the areas to be considered. Failure to bid all items shall cause bidder's bid to be considered non-responsive and thereby rejected. Bidders are encouraged to submit prices of a monetary amount of $0.00 or higher. If bidder submits a monetary amount of $0.00, such $0.00 bid price shall mean "No charge to the City". Reference of any other words for item(s) such as, but not limited to "Not Applicable"," No Bid", "NIA", "Included" SHALL NOT BE ACCEPTED and bidder's bid response will be rejected. AREA LOCATION Mowing String Trimming Edging Blowing Edging of Flat Ground Level Markers Shrub Trimming Weed Removal Mulch Application CEMETERY unit price unit price unit price unit price unit price unit price unit price unit price A. SECTION A $38.00 $0.00 $0.00 $12.00 $18.00 $48.00 $12.00 $35.00 B. SECTION B $38.00 $0.00 $0.00 $12.00 $18.00 $48.00 $12.00 $35.00 C. SECTION C $38.00 $0.00 $0.00 $12.00 $18.00 $48.00 $12.00 $35.00 D. SECTION D E. SECTION E (SEE 01.) F. SECTION E (SEE 02.) G. SECTION G $38.00 $38.00 $0.00 $0.00 $0.00 $0.00 $12.00 $12.00 $18.00 $18.00 $48.00 $48.00 $12.00 $12.00 $35.00 $35.00 H. SECTION H $38.00 $0.00 $0.00 $12.00 $18.00 $48.00 $12.00 $35.00 I. SECTION 1 $38.00 $0.00 $0.00 $12.00 $18.00 $48.00 $12.00 $35.00 J. SECTION J $38.00 $0.00 $0.00 $12.00 $18.00 $48.00 $12.00 $35.00 A. SECTION A $38.00 $0.00 $0.00 $12.00 $36.001 $48.00 $12.00 $35.00 K. COMMON AREAS $38.00 $0.00 $0.00 $12.00 52 1 $48.00 $12.00 $65.00 S. TOTAL PER TASK FOR MAUSOLEUM Q X R $8,320.00 $0.00 $0.00 $3,328.00 $1,872.00 $4,920.00 $4,992.00 $640.00 L. SUBTOTAL 1 $380.00 $0.00 $0.00 $120.00 $144.00 $480.00 $120.00 $380.00 M. ESTIMATED ANNUAL QTY 52 52 52 52 52 12 52 2 N. TOTAL PER TASK FOR CEMETERY (L X M) $19,760.00 $0.00 $0.00 $6,240.00 $7,488.00 $5,760.00 $6,240.00 $760.00 MAUSOLEUM O. MAIN COMPLEX $15.00 $0.00 $0.00 $8.00 $60.00 $12.00 $35.00 01. SECTION E $30.00 $0.00 $0.00 $8.00 $18.00 $25.00 $12.00 $35.00 02. SECTION F $30.00 $0.00 $0.00 $8.00 $18.00 $25.00 $12.00 $35.00 P. NORTH BUILDINGS $15.00 $0.00 $0.00 $8.00 $30.00 $12.00 $35.00 P1. TURF AREA $20.00 $0.00 $0.00 $8.00 $20.00 $12.00 $35.00 P2. MEDIAN (Tibouchina & Ixora) $15.00 $0.00 $0.00 $8.00 $40.00 $12.00 $35.00 P3. PODOCARPUS HEDGE $20.00 $0.00 $0.00 $8.00 $150.00 $12.00 $75.00 P4. TWO WEEPING HIBISCUS, BED & STRIP OF GRASS $15.00 $0.00 $0.00 $8.00 $60.00 $12.00 $35.00 Q. SUBTOTAL 1 $160.001 $0.001 $0.001 $64.001 $36.001 $410.001 $96.001 $320.00 R. ESTIMATED ANNUAL QTY 1 52 1 52 1 52 1 52 1 52 1 12 52 2 S. TOTAL PER TASK FOR MAUSOLEUM Q X R $8,320.00 $0.00 $0.00 $3,328.00 $1,872.00 $4,920.00 $4,992.00 $640.00 GRAND TOTAL (Add all totals for ROW N and S): $70,320.00 Company Name: PARTNERSHIP LANDSCAPING Date: 7/3/2022 204 Poky Number Date Emered8 12 12017 0 oAlf, ACC>R" IIIII CERTIFICATE OF LIABILITY INSURANCE 7/5/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO, RIGHTS UPON THE: CERTIFICATE HOLDER, TWS CERTIFICATE DO,ES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED II THE POLICIES BELOW', THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIIFICATE HOLDER, INIPORTANTt If Me cerfificate holider Is sin ADDITIONAL INSURED, bit* poili must have ADDITIONAL $NSURED provlelions or be enidoirsed, If SUISROGA ION IS WAIVED, subject to the terms and condirtions of the Policy, certaiin po,60es may irequire an endorsement, A slaternent on this cerlifiewhe does not co"for rights lo Me cerfificate holder In Illioui of such endorse on enl(s), 10140DUCIER jF?lnl,,A,ClmEUammmWraTr&TtTm'T6tffiWamr'IW e-rw Parlin Insurance Agency 24520 Production Cit., Suite 4 Bonita Springs, FL 341,35 INSURED RICHARD LIST SERVICES: INC DBA GREENTECH PEST & FERTILIZATION 43,0,0, S, JOG RD,, UNIT 541252' LAKE WORTH, FL 33449 r4olva.7-ITIAM rg WN N rolyrs 71 MIT, PT". 2 3,91, 2 63 -- 3141 WESTERN WORLD INS CO C/O JIMCOR XMIZZW, THIIS I,15 TO CERTIFY "TPAT THE POLICIES DIF INSURAN(CE U1,5JED BO OW III SEEN I TOTM MSURED NAMED ABOVE FOR THE I`W)l ICY PER00 INMCATED, NO'roollISTANDING ANY RE01ARE'ME ' tO', TERM OR CONDIVOIN OF ANY CONFRAC7 DIR 0"THEIR MXAIMIENT WITH RESPECT 10 WH11CH THils, CEIRDFICKrE MAY BE ISSUIED (AR N%Y 1"'ERTMN, THE NSUW%NCE AFFORIED BY THE PO� 11MES DESCRIBED HEIREIN IIS SUBJECT 'TO M [ THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POI 101ES I RANIS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS, Wsk LtR I TvPE Of INSURANCE ADD L SUMN I Poltiiev NUMBER POL*ryvrr� vi =L M04 S A COMAII r.EW�.,RAL LW"UTY Is 500,000 CLMIMS kWX lz OCOLN'k NPIPS716946 '7118/2022 7128/2023 NMIRTIPRAIAL�1001 Is 100,000 LIMITS ARE AS OF WID EN�P ,10ycwiiq jjwwlr I T 5 000 INCE,PTT ON DATE. I, RSOtALS ArN INPURY Is 500,000 (XNL MYNE-13ATE Lill g'Ahff.,IIES PEllk GENEWL /14GMCOVE S 1,000,000 vctllcv CXs PlKlUX TS AGG S INCLUDED AUT 00084LE LIASN MY En wx,49,0), D('VIk,VjN,wIR'Y (Pw Ixvwnp S Alill'P000 01004EID 501M A ED M A70S (:" W AU'U',05 1014 WIRY (Nw,xAx*Mq S PORIED wmR"AA,wz MA Tn r0a v AUTOS (ALY Meg cm I- S UMBRELLA L" OMjUR I M"I.3ARENCE S EXCEiS LqAS CXV reE]ENIX)N !S S WORKERS (OMPENSATON A,ND EM#, k0jyj ASr u1ASK AWY y i IN I I I ACCiDENT S AN Y�IPAOIPA114, IVE ()F4 rAkl0iChq4lrA, EXC L 7 N�A IE 1p IiNliaoidlftry In NN� ild w^ (wWntill 11 Wow El-DISEA0E P(XICYLIAlfir s soi kjpw DIN OF OFT RATXM bekvw LANDSCAPE GARDENING & LAWN PESTICIDE APPLICATION B,USINES:S ADDRXSSr 5760 XICHLAR DRIVE - LAKE WORTH, FL 33449 CERTIFICATE HiOLDER CANCELLATION CITY OF BOCA BATCH 201 W. PALMETTO, PARK :RD'. SHOULD ANY O'IF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BOCA, R,ATON, FL 33432 ACCORDANCE WITNTHE POLICY PROVISJOINSr AUTHOWED REPRIESENTAIVVE LIUMPA PM4LIN (0 1981 ACQKV QUIRPOKA)ION. Aft rtgh% reserved, AC'ORD 26 (20161013)The ACORD name and slog are registered marks of AC,ORD 205 ANNE M. GANN ON CONSTITUTIONAL TAX COLLECTOR Serving Palm Beach County Serving you. P.O. Box 3353, West Palm Beach, FL 33402-3353 www.pbctax.com Tel (561) 355-2264 COMPLIANCE FOLLOW-UP "LOCATED AT" 1351 WYNDCLIFF OR WELLINGTON, FL 33414 I TYPE OF BUSINESS OWNER CERTIFICATION AI I RECEIPT "TE PAID r AMT PAID BILL X L =7 LANDSCAPING ELITE LANDSCAPING SERVICES INC I U22,434488 - (IMSM 1 $33.00 840191106 This document is valid only when receipted by the Tax Collectors Office. STATE OF FLORIDA PALM BEACH COUNTY 202212023 LOCAL BUSINESS TAX RECEIPT ELITE LANDSCAPING SERVICES INC LBTR Number: 2022149►228 ELITE LANDSCAPING SERVICES INC EXPIRES: SEPTEMBER 30, 2023 1351 WYNDCLIFF DR WEST PALM BEACH, FL 33414 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. N From: Annexstein, Robin To: info(a)oartnershiolandscaoina.com Subject: City of Boca Raton Compliance Follow-up ITB 2022-007 Landscape Maintenance for Cemetery and Mausoleum Date: Wednesday, July 6, 2022 12:45:00 PM Good afternoon Mr. Lizano. The bid response for 2022-007 Landscape Maintenance for Cemetery and Mausoleum is under review. The following must be addressed for the City to complete its review. Submittal is requested by 5:00pm, July 8, 2022. Documents can be submitted by reply email. Failure to submit the necessary documents may result in your bid response being considered nonresponsive. 1. Your response to Part II Qualification Requirement No. 2 indicated certification for Luke Lewis was attached, but I was unable to locate. Please submit copy of individual's certification. 2. Submit a copy of your business tax receipt or proof of exemption (not W-9). Although this is required prior to award, if you are able, please submit as part of this compliance follow-up. Feel free to contact me if you need clarification. Thanks. Regards, Robin B. Annexstein, 01313, MBA I Ilfuuyer II City of Boca ilato ,u Fmai ida9 l f' eirvkes .. Plu~uird,u Miri f'fli l[Moi°u 1 WC,,,[ Fl,dnm[Lo Fl rl<, Ro,O * 1Roc,e R,e[on, F133413) P 561-393-7880 x 12,j,n„a),rnyboca.us 207 ;Dtp4rtmtnt of EAVENFORCEMENT Date 'a ti c August 10, 2021',/Oly 31, 2022 ELOW HAS ��,�� ,� 482 FOR THE PERIOD EX / julT 5 760 MICHLAR, LAKE ",,q �% GREENTECH PEST 6(") MtC -ILAR DR LAKE WORTH, FL 334 "SLE '*NIKYIIFED,' i Diatc w � r�o June 6, 2022 r 6.G Consent Agenda 10/17/2023 Requested Action: Approve a confirming purchase order in the amount of $95,929.58 to process payment for delinquent invoices from FY21/22. Explanation of Request: In an effort to reconcile our account with ABM it was brought to the City's attention that there were past due invoices from FY21/22 outstanding to be paid in the amount of $95,929.58. These invoices must be paid to bring the City's account to a current status. How will this affect city programs or services? It will allow the City to continue using the services provided by ABM. (Landscape & Janitorial) Fiscal Impact: This is a budgeted item. Attachments: ABM Building Solutions - Town Square - City Bid.pdf ABM - Spreadsheet.pdf ABM - Memo Explanation.pdf Memo & Invoices.pdf ABM - Invoice 18367928 $8,140.pdf ABM - Invoice 18367928 $27,669.pdf ABM - Invoice 18446160 $46,412.58.pdf ABM - Invoice 18279551 $13,708.pdf 210 9/14/2020 Coversheet 7.C. Consent Bids and Purchases over $100,000 9/15/2020 City of Boynton Beach 19 Agenda Item Request Form Commission Meeting Date: 9115/2020 Requested Action by Commission: Award Task Order F-2-2020 Town Square Maintenance Services as part of Contract No. 009-2511-20/RW for Town Square/City Facilities Maintenance Services, and authorize the City Manager to issue a Purchase Order to in the total amount of $556,951.00 per year. Explanation of Request: Task Order coverage will commence on October 1, 2020 and continue annually for 5 years in accordance with the terms and conditions set forth in City of Boynton Beach Contract NO. 009-2511-20/RW. The Task Order price is $556,951.00 per year, payable per month in arears NET30 upon services rendered. SCHEDULES INCLUDED: 1- Landscape Services 2 -Janitorial Services 3- Mechanical & Electrical Services 4- Porter Service 5- Liquidated Damages Schedules SERVICE LOCATION(S): City of Boynton Beach Town Square — (City Hall/Library, Cultural Center, Amphitheater, School House Museum, Kapok Park, Fire Station #1 (HVAC & Landscape only) How will this affect city programs or services? Approval of this request will allow City staff to operate, maintain, and manage all the City Facilities and Grounds within the Town Square project which includes City Hall/Library, Fire Station #1, Cultural Center, Museum, Amphitheater, Kapok Park, and School House Museum. Fiscal Impact: Budgeted Funding is allocated for this project in the Public Works Department, Facilities Division account numbers #1001-2511- 519.34-10 (Janitorial Services); #001-2511-519.49-17 (Other Contractual Services) and Parks and Grounds Division account numbers #001-2730- 572.49-17 (Other Contractual Services). Alternatives: Not issue the Task Order and and utilize a combination of staff and existing vendors. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type ❑ ��,��,tl„�,;n;ii��,��°gin D /%ddrrtN.ii:iWn Description Res R20-074 & Executed ABM Contract 009-2511-20RW - Town Square Maint RW ABM CPM Proposal_SOW Boynton Beach_ FINAL REV9 Task Orde https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=8025&MeetingID=327 211 ,.,c I, (_^ 1� . ........ . . "CONTRACT NO. 009-25111-20111 FOR "TOWN SQUAREI CITY FALLE 1ESMAINTENANCE SF_WI__,',1,CE THIS AGREEMENT is entered into between the City of Boynton each, hereinafter referred to as "City", and ABM Building Solutions, LLC., 3260 NW 23rd Ave., Suite 100E, Pompano Beach, FL 33069, hereinafter referred to as "Contractor", in consideration of the mutual benefits, -terms, and conditions hereinafter specified. WHEREAS, pursuant -to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with a Contractor, and WHEREAS, THE City issued a Request for Qualifications for "TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES, Rl:-',Q No. 009-2511-20111 and WHEREAS, the CITY detennined that Contractor is qualified to perform -the scope of services set forth in the Request. forQualifications; and WHEREAS, the City Commission on July 07, 2020, determined that Contractor is qualified for appointment to perform the scope of services set -forth in the Request for Qualifications; and WHEREAS, -the City Manager's administrative staff, has successfully negotiated an Agreement with Contractor, defining terms and conditions for the performance of maintak)ing the municipal -facilities and grounds services within the scope of -the Request for Qualifications, NOW, THEREFORE, in consideration of the mutual covenants expressed hereirl, the parties agree as follows: FIA&IIIII, �� 1.1 Contractor agrees to perform Services Maintaining the Municipal Facilities and Grounds during the term of this Agreement as rnore specifically set forth in Attachment "A" Scope of Services and Attachment "B" RFQ No.009-2511- 24/ 1-20/RW with Addendum I and 2, which are made a part of -this Agreement, including the provision of all labor, materials, equipment and supplies. The Contractor will develop scopes of work and verification protocols to maintain RF Q 009-.2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENA14CE SERVICES C-1 II 212 equipment,:'""1111111 4141 1 - It is the intent of the City for the Contractor to furnish all materials, lab : municipal facilitiesand - as needed basisas requested per each task order, LIS"UUMP"IVZ�� n. award task order. T( ; The Department may arrange general overview of existing infrastructure will be discussed. Specifi(lons and Drawings may be provided based on the Department's desire of specifi products. Before any work performed, permits necessary as applicable from the appropriate state or county agencies. When the work is completed the Contractor shall obtain final release or clearance as applicable from the appropriate agencies. The Contractor may „r� ; ,iiY d to subcontract portions of the work to Rb competent sub -contractors, The rcentage of the work that the Contractor may subcontract will be identified per Task Order solicitation. The sub -contractors are the responsibility of the Contractor andnotr City. All sub -contractors performing work for the City shall commencementbe duly licensed prior to e 21 contract period. The Contractor shall be fully responsible to the City acts and omissions of the sub -contractors and persons employed by them, as they are for acts and omissions of persons directly employel bidder,,,y the, as they are for acts and omissions of persons directly emploI Any work or service to be performed by a sub -contractor must have the pnor approval of the City Project representative. The City reserves the right to approve, disapprove or dismiss any sub -contractors with reasonable cause. Rejection of any sub -contractor shall not entitle the successful QUARTERLY REVIEW Quarterly progress, Facilities Maintenance Services Co,,,,t,,tr,-,,ct Ai The contractor shall notify the Project Manager immediately with any changes or discrepancies to the project, and email for a change g Manager 48 2 PERFORMANCE The Contractor shall perform and comply with all obligations and conditions contained as d- mutually agreed upon performance measuresand [ d telephoneeach task order. The City's Representative during the performance of the Contract shall be Andrew Mack, Director of Public Works & Engineering, l r The Contractor's Representative during t' e performance of the contract shall be Michael Houda, telephone 954-531-9341; Email: 214 extensionwill be in the best interest of the City. An increase in cost of less than 3% for each b approved by the City administration Commission approval. 3.1 Work under this Contract shall commence on written notice by the City to the Contract by way of a purchase order executed by the CITY. Contractor shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order, unless an extension of time is granted in writing by the City. 4.1 The City will pay the CONTRACTOR shall be paid by the City for performance of the work performed under each solicitation, or task"4; d in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on allinvoices submitted to the City properly, the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved within thirty c. Final payment of any balance u, acceptancecontract 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 shalld. Payment as provided in this section by the City compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. RFQ 009-2511-201RW` O SQUAREJ CITY FACILITIES MAINTENANCE SERVICES C-4 M ..................................... 215 5.1 Upon completion of the project and final payment to Contractor, all documents, drawings, specifications and other materials produced by the Contractor 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. Notwithstanding the foregoing, the Contractor shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with Contractor's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of Contractor, shall be at the City's sole risk and without liability to Contractor and Contractor's sub -contractor. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the City in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 7.1 Contractor represents and warrants to the City that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned services during the term of this Agreement. Contractor's services shall meet a standard of care for professional engineering, architectural and related services no less than the standard of care for engineering, architectural and construction professionals practicing under similar conditions. In submitting its response to the RFQ, Contractor has represented to CITY that certain individuals employed by Contractor shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, Contractor shall not change the designated Project Manager for any project without the advance written approval of the City, which consent may be withheld in the sole and absolute discretion of the City. Notwithstanding the foregoing, with regard to equipment and goods manufactured by third parties, Contractor's sole obligations with regard to defects shall be to extend to CITY the benefits of any warranty Contractor has received from the manufacturer and to act on behalf of the CITY for purposes of processing any warranty claims against applicable manufacturers within a reasonable timeframe. Such obligation includes only administrative processing and not enforcement or litigation and Contractor shall not be liable for the failure of any third party manufacturer warranties for any reason. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 Contractor shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-5 21 following10.1 D—un-rig the perform e services un-de-r-Wis-Contract, Contractor shall maintain the ` company shall be written by an insurance ` business 10.11 Worker's Compensation Insurance: Contractor al and maintain for the life of this Contract, Worker's Insurance covering all applicable Liabilitystate and federal laws. This coverage shall include Employer's withlimits meetingall applicable ,1"" :'e and federal `'s' ;moo la"`zsThis coverage that does not have their own Worker's Compensation and Employer's policy must containf ,.waiver subrogation Boynton Beach, executed by the insurance company. M' yY A i ate; 10.1.3 Business Automobile LiabilityThe Contractor shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The Contractor l $property 21 damage liability to protect the Contractor from claims for damage for bodilyand personal injury, including ellas from claims for automobile,property damage, which may arise from the ownership, use of maintenance of owned and non -owned indirectlyautomobiles, whether such operations be by the Contractor or by anyone directly or 10.1.4 Professional Liability Contractor shall procure and maintain for the life of this Contract in th'%, minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the Contractor to ensure that *; insurancell sub -contractors comply with the same i; Contractor11.1 shallprovided pursuant to this Agreement. Nothing in this Agreement be considered to create the relationship between the parties hereto. Neither Contractor nor any employeeof Contractor shall be entitled to ' accorded Agreement.by virtue of the services provided under this shall not be responsible for withholdinge, , assumingincome tax or social security or for contributing to the state industrial insurance program, otherwise the duties of an employer with respect pl M 21 11", 11111A 0 tXP1JP#1;114T1; 13.1 Execution of this Agreement by the Contractor shall act as the execution a truth in -negotiation certificate certifying that the wage rates and costs used accurate,to determine the compensation provided for in this Agreement is complete, and current as of the date of the Agreement and no higher than those charged the Contractor's most favored customer for the same or representationssubstantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate e paid to outside its rights under this "Certificate" within one (1) year following payment. y 14.1 The Contractor, 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 g materialsselection and retention of employees or procurement of waiver16.1 A waiver by either CITY or Contractor of any breach of this Agreement shall not be binding upon the waiving party unless such event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver subsequent default or breach. terminated171 Termination for Convenience; This Agreement may be v"'enie"n"'c' e, ", 'u -'p" ' o" n thirty (30) days of written notice by the terminationterminating party to the other party for such shallContractor e paid its compensation for services performed to termination date, including services reasonably related to termination. In the RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 21 event that the ContractorAgreement terminated, Contractor shall indemnify the CITY against loss pertaining to this termination. 18.1 Any dispute arising out of the terms or conditions o. this Agreement a1, be adjudicated within the courtsFlorida. Further, this Agreement shall be Floridaconstrued under Law. 19.1 Neither the CITY nor Contractor shall be considered to be in default of this Agreement e lashall Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable shall mean any ,t n or delay performance by r party of its obligationsunder Agreement and n,,; d the reasonable control the performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, disturbance, governmental actions. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and �Jperformance of the obligations Agreement.this NoticesARTICLE 20 - NQJJQEE the City , Boynton Beachshall esent to the followingaddress: 11,001T MIORKWIMM f , East ", Ocean Avenue BoyntonBeach,f„ J" Pompa�qq each, FL 33069 Tel: 9 54-531-9341 a4 ." .a. RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-9 w m 220 4;W 21.1 This Agreement, ogether with the RFQ and any addenda andhm � attachments, represents the entire and integrated agreement between W CITY and the Contractor and supersedes all prior negotiation representations, or agreements written or oral. This Agreement may amended M by both CITY and Contractor. �] 4 22.2 In connection with any iion or other proceeding i includingising out of theAgreement, each party shall be entitled to recover its own costs and attorney fees through and any appeals and any post -judgment proceedings. entitlementCity's liability for costs and attorney's fees, however, shall not alter or waive sovereign limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes"parties agencyAgreement arising out of or relating to this Agreement shall be in a court of law. The City does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. 23.1 The City is a public `' Contractor '< requestedContractor shall: 23.3 Upon request from the City's custodian of public records, provide the City with a copy of the records or allow the records to be inspected or copied reasonablewithin a o ` exceed the cost provided Chapter 119, Florida Statue or as " provided RFQ {; >€ «'MAINTENANCE 23.4 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by flaw for the duration of the contact term and, following completion of the contract, Contractor shall provide copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 23.5 Upon completion of the contract, Contractor shall transfer to 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 request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 23.6 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THECONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-7426061 G1113SONC,Lpbl.Illm' I-L�! S ARTICLE 24. SCRUTINIZED COMPANIES 287.135 and 215,473. 24.1 By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. REQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-11 22 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original 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. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 2020. ..ry CITY OF BOYNTON BEACH ABM Building Solutions, LLC. ) 421 Lori LaVerrieV,ity Manager Approved as to Form: .� Ofc of the City Attorney C G ea Manager (Corporate Seal) Attest/Authenticated: RFQ 009-2511-201RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-10 223 e The City of Boynton Beach, located in Palm Beach County, Florida, municipality serving a population / The City currently operates d maintains municipalat various locations within the City's 16.5 square mile boundary. These include Police and ,, OBJECTIVES facilities, Recreation buildings,City Hall, and other City owned facilities. All services shall include all labor charges, tools, fuel, equipment and materials delivered and installed in accordance with N.F.P.A, local and State regulations, ASHRE, OSHA and District Master Specifications IN j The City currently operates, maintains, and manages the Municipal Facilities and Gro' with a combination of City personnel and contractors. selected Contractor will develop a managementcomprehensive facilities management program to efficiently and cost effectively operate and maintain all City Facilities, including routine, preventative and on-call facility maintenance and [ s;requireRFQ'u to provide all operations and maintenance staff and be responsible for the following: management, cleaning and maintenance, and for all costs including hiring, training, and a",",+ immediatelyall City Facilities. Additionally, service levels shall provide the ability to respond +k situations involving the health and safety of employees or the public; comfort A operational capabilityashall also provide a full-time M";. 2.1.2 Vehicles Contractor a furnish and maintain Contractorand carrytrucks to d ; ' ror these ve!t.icles. 2.1.3 Equipment Contractor shall be responsible for the acquisition® maintenance and repair of all equipment needed to perform the scope of work contracted by the City. Page 113 224 Page 114 225 2.2.1 Development Costs The Contractor will guarantee the cost of development and engineering services 2.2.2 Construction Costs The Contractor will develop a firm maximum price for any capital or sustainability upgrades to be performed 2.2.3 Performance of Systems The Contractor will develop performance parameters acceptable to the City and guarantee the performance of systems 2.2.4 Guaranteed Savings The Contractor will guarantee savings and perform measurement and verification to validate savings are achieved 2.2.5 Investment Grade Audit (IGA) Contractor will conduct an Investment Grade Audit (IGA) of City Facilities. This will include development of forward looking 15 -year capital plans for non -routine repairs and equipment replacement that is required to maintain efficient operations. The IGA will also include development of various sustainability measures, including but not limited to water conservation and energy savings. If the Investment Grade Audit confirms that there are guaranteed savings to be achieved, the City will either compensate Contractor for the IGA or will enter into an agreement with Contractor to implement upgrades to increase energy efficiency and equipment reliability, in order to fund the necessary improvements in City facilities. 2.2.6 Financing The financial solution will be budget neutral for a term not to exceed 15 years, Contractor will suggest sources of funds in collaboration with the City. Page 115 226 � / 1 i'` ,&K Z�21020 °°°Illi°"oW11 SiqlUaire Opcirafloins & IIN%6iiiiinfie iinance This Task Order (TO) dated September 15th 2020 declares that ABM Building Solutions shall provide the services described in the operations & maintenance program and schedules indicated below, which are attached hereto and made a part of this TO, in accordance with the terms and conditions set forth in City of Boynton Beach Contract NO. 009-2511-201RW and the following maintenance State of Work (SOW) pages. BY AND BETWEEN: ABM Building Solutions, LLC 3260 NW 23rd Ave, STE 1 OOE Pompano Beach, FL 33069 Hereinafter "Contractor' City of Boynton Beach 100 E. Ocean Ave Boynton Beach FL 33425 Hereinafter "Customer' SERVICE LOCATION(S): City of Boynton Beach Town Square — (City Hall/Library, Cultural Center, Amphitheater, School House Museum, Kapok Park, FS#1 (HVAC & Landscape only) Proposal PP50502 Sensitive & Proprietary ABM Building & Energy Solutions Page 1 227 SCHED. 1 — Landscape & Ground Program SOW AB M ,CUSTOMIZED PROFESSIONAL MAINTENANCE PROGRAM II Budding Value A. Turf Care Specifications 1. General This comprehensive landscape and turf maintenance service pian is specifically designed for the City of Boynton Beach — Town Center Complex, hereinafter known as "Customer". ABM Building Solutions LLC will be known as "Contractor". All areas shall be inspected daily, as a minimum, for detection of diseases, non -beneficial insects, deficiencies in plant and turf fertility and vitality, adequacy and frequency of irrigation system, and other cultural, horticultural and/or agronomic problems. Issues shall be properly addressed through timely communication and treated to correct upon discovery, if applicable to the contract scope. Customer shall be notified by the Contractor, of all problems encountered so an expedited corrective action can be taken by all parties involved. Contractor shall not be responsible for Acts of God such as freeze, hail or heavy storm damage that would create unusual preparation, cleanup/disposal, pruning, or plant replacements in excess of the normal scope of service. In the event of a major storm (tropical storm and stronger), Customer can substitute regular maintenance hours (mowing and pruning) as replacement hours for storm clean up. This substitution will be at a 1:1 ratio. Example- do not mow this week and those hours will be used for clean-up. Any excessive debris that needs to be hauled away and dumped will be billed accordingly. Contractor shall conduct quarterly Quality Assurance inspections of each Service Area, and submit a copy of this report (QAR) to the Property Manager, with an action plan to correct any deficiencies. The schedule for Service Area AARs is as follows: Q1 January Q2 April Q3 July Q4 October 228 Y ABM,Mowing uu IU iii g Vahue Mowing of high maintenance Bermuda (Celebration) turf areas shall be performed approximately one hundred and four (104) times per year. Twice weekly through-out the calendar year. Should cold temperatures slow growth during Winter months the Contractor shall notify the Customer a need to reduce mowing frequencies for a short period of time. All mowing shall be performed with specialty mower specifically designed to cut Bermuda turf for a neat, clean appearance. a. b. Mowing height for Bermuda (Celebration) turfgrass — 1" - 1 Y2 " which will be determine by humane/pedestrian traffic and wearltear. c. All clippings shall be blown off of all hard surfaces (sidewalks, curbs, paved areas, courtyards, etc.). d. Mower blades shall be kept sharp at all times to prevent the tearing of grass blades which encourages disease and poor aesthetics. e. Various mowing patterns shall be employed to ensure the even distribution of clippings and to prevent ruts in the turf caused by mowing equipment. 3. Edging a. Contractor shall mechanically edge with a stick edger or push edger, all plant bed edges, curbs, sidewalks, streets, and tree rings to maintain a clean, crisp turf edge while maintaining the intent of the boundaries' hard surface lines and soft, edged lines of all planting areas. b. Edging shall be performed at the same mowing frequency for all hard edges: sidewalks, curbs, paved areas, courtyards, etc. as the mowing schedule. c. Edging shall be performed at every other week for all soft edges: plant beds, tree rings, etc. d. Edging equipment will be equipped with manufacturer's safety guards to deflect hazardous debris. String -trimming ("Weed -eater" type) edging shall not be used. e. All hard surfaces shall be immediately swept or blown to maintain a clean, well groomed appearance. 229 4111/1 Trimming ABM z BuRdiingVallulip a. Areas mutually agreed to be inaccessible to mowers shall be string - trimmed at the same height, the same day and the same frequency as mowing. 5. Debris Removal a. Areas littered in the mowing process (other than normal grass clippings) will be removed by hand or power blown, as conditions permit, collected and transported off site, including debris in planting beds. 6. Turf Fertilization a. A preliminary turf fertilization specification and schedule shall be provided by the Contractor per Section 6.b. below. However, the specifications, timing, rate of application and elementary composition shall be adjusted according to actual agronomic conditions existing at the time and as per the results of soil testing analysis. Contractor shall conduct soil testing on a bi-annual basis to ensure turf is receiving proper nutrients. Results shall be supplied/furnished to Client. b. Irrigated Bermuda (Celebration) turf grass - as specified, six (6) times per year during the months of March, June, September. Contractor shall apply an approved complete fertilizer formula to all turf areas at a rate of 1# Nitrogen per 1000 sq. ft. at each application. - 40% nitrogen derived from ammonium sulfate, 60% from controlled release. - A ratio of nitrogen to potassium at 1 to 1. - 2% iron, minimum. - 1% magnesium, minimum. - 1% manganese, minimum c. Fertilizers will be applied with a calibrated commercial grade spreader. Contractor shall apply an approved complete fertilizer formula to all turf areas. First spring application to include pre -emergent weed control and At a rate of 1# Nitrogen per 1000 sq. ft. Second spring application should be a low nitrogen ratio with high in iron to promote good color throughout the summer. 230 Third early Summer application should be a balanced blend to ASM. promote growth. �B��NdllirgValue - Fourth late Summer application should be blended depending on soil test recommendations. - Fifth will be an early Autumn application should be a balanced blend to promote root development. - Sixth application in early Winter will also have a high ratio of Iron to promote green grass blades throughout the Winter. d. All fertilizers shall be applied thoroughly to only dry turf areas. e. Supplemental applications of appropriate nutrients shall be applied as indicated by soil test results. f. All State and Federal regulations shall be adhered to and a fertilizer application log and MSD Sheets must be maintained, approved and available for inspection by Client. 7, Turf Insect and Disease Control a. Treatment of Bermuda (Celebration) turf areas for insect infestation or disease shall be the responsibility of the Contractor. b. Contractor warrants irrigated turf against infestation and disease and will replace same if it is determined that the turf quality declined below an acceptable level due to the Contractor's neglect. Declining turf quality due to foot or vehicle traffic wear, vandalism, Acts of God or previous improper irrigation installation/coverage, will be the responsibility of Client and shall be replaced promptly upon approved extra -work service order by Contractor. c. Contractor shall provide a complete pre- and post -emergent weed control program that addresses broadleaf weeds and sedge control throughout the year. This includes the use of Ronstar and Basagran. d. Turf areas shall be continuously monitored for pest problems. Contractor shall provide a monthly Integrated Pest Management inspection and treatment program, insuring proper and timely control. Top Choice will be applied during the correct timely in the Spring each year to control Mole Crickets. e. Bermuda (Celebration) turf will receive 3-4 aerifications and a full sand top dressing each year. The number of aerifications will vary depending on the usage and compaction in differing areas of the 231 i complex. ABM, BuildingMalue f. All State and Federal regulations shall be adhered to and a pesticide application log and MSD Sheets must be maintained, approved and available for inspection by CoBB's EHS department. B. All Planting Beds, Shrubs, Ground Covers, Palm Trees and other Tree Care Specifications 1. Pruning a. Unless otherwise requested by Customer, all pruning and thinning will have the distinct objective of retaining the plant's natural shape and the original design intention. b. All trimming of hedges, shrubs and ornamental plants shall be performed twelve times (or as needed) per year depending on plant species. Cleaning out of all planting beds to remove unwanted weeds, leaves and grasses, small branches and other debris shall be performed during each pruning cycle. Pre- and post -emergent herbicides will also be used for the control of unwanted weed growth in bed and mulched areas. c. Pruning of all flowering shrubs shall be scheduled to prevent interference with flowering cycle season. d. Plants, hedges, shrubs and trees obstructing pedestrian or automobile traffic under 8' in height, shall be pruned monthly. e. Contractor assumes no liability for consequential or inconsequential damages arising from plant obstructions, provided such obstructions are not a result of Contractor's negligence. 2. Tree Care a. Removal of dead limbs and branches from all trees less than 10, in height, shall occur continuously throughout the calendar year. No pruning shall be performed on live wood that would affect the fullness or intended character of the tree/s. b. Remove all sucker growth from the base of hardwood and ornamental trees on a regular and as needed basis. c. Remove any tree limbs which pose a threat to public safety. 232 0 ABMd. Street Trees will be trimmed up to 10' in height to provide line of sight, ,vehicle clearance and pedestrian traffic flow. EhAUcHrig Value e. Larger hardwood trees can be trimmed based on the Customer suppling an aerial lift or reimbursing Contractor for renting an aerial lift and to be scheduled based on availability and Contractors expertise of trimming of certain species. 3. Palm Pruning a. All palms not exceeding 16' shall be completely trimmed of seed heads/berries and/or brown/yellowing palm fronds, as these occurs throughout the year with use of a pole saw from the ground. b. All palms over 16' in height shall be pruned based on the availability of an aerial lift supplied by Customer or reimbursing Contractor for renting an aerial lift if requested by Customer. To be scheduled upon availability of the aerial lift. c. Ornamental (example Lady Palms) palm pruning shall be performed as needed to present an aesthetically pleasing appearance. 4. Ground Covers a. Ground covers will be confined to plant bed areas by manual, mechanical or chemical means, as environmental conditions permit. 5. Plant Insect and Disease Control a. Plants will be treated chemically as required to effectively control insect infestation and disease as environmental, horticultural and weather conditions permit. b. All over -spray shall be prevented and any contact with employees or visitors of Customer, shall be strictly avoided. c. All landscape areas shall be continuously monitored for infestations of insects; disease and other pests shall be addressed and treated immediately for proper control. d. Fire ants will be treated with appropriate -insecticides and baits as needed throughout the year. 233 ABMg. All State and Federal regulations shall be adhered to and a pesticide I,application log and MSD Sheets must be maintained, approved and u didiing Valueavailable for inspection by Customer. 6. Weed Control a. Open ground between plants, sidewalks, roads, driveways etc. shall be maintained in a condition of acceptable weed density by chemical means twelve (12) times per year, as environmental, horticultural and weather conditions permit, or as needed to control weed growth. Where an herbicide treatment is not recommended, mechanical and/or manual removal of weeds shall be administered. Contractor agrees that no large weeds (more than 2°x2") shall be chemically sprayed and will only be pulled by hand. Contractor will provide a manicured appearance with minimal weed pressure and visuality. 7. Fertilization a. A preliminary shrub, groundcover, ornamental palm and ornamental tree fertilization specification is stated in section 7.b. c. and d. However, specifications, timing, rate of application and composition type can be adjusted according to the actual horticultural condition existing at the time. b. Nutrient deficiencies and recommended fertilizer analysis shall be determined and structured to meet the specific site and soil conditions. c. All shrubs, groundcovers, ornamental palms and ornamental trees shall be fertilized four (4) yearly with a granular fertilizer product. Schedule: March, June, September and December d. All fertilizers shall be kept out of waterways and be removed immediately from all walkways, roadways and paved areas. e. All State and Federal regulations shall be adhered to and a fertilizer application log and MSD Sheets must be maintained, approved and available for inspection by Client. 8. Mulch Applications a. Deliver and install Shredded Dyed Mulch to all ornamental beds and tree rings currently covered by same material twice (2x) per year. b. The applications will be at an average depth of 3 inches. Additional 234 Shredded Mulch will be applied as necessary throughout the year if bare spots become noticeable. Buiu.l 'i%Nrglue 9. Floriculture Program a. "Seasonal Color" — Annual and seasonal flowers are to be planted and spaced per recommendation of grower unless otherwise directed differently by the Customer. Quantities, varieties and locations shall be determined after meeting with the Customer to formulate a program. This will be an additional Task Order to this MSA contract. b. Contractor shall schedule between two (2) and four (4) seasonal color rotations of four -inch flower pots per year at each rotation. If requested at an additional Task Order to this MSA contract. C. Irrigation 1. Contractor shall be responsible for monthly inspections of irrigation system via "Wet Checks". All irrigation deficiencies or problems noted on property shall be provided via report to Client on a monthly basis. 2. All irrigation components damaged by Contractor's employees and/or equipment shall be repaired at Contractor's sole expense. 3. Contractor has budgeted $330.00 per month for all other service repairs and retrofits. For repairs over $330.00 a month, Contractor shall provide proposal quotes for additional repairs and retrofits. For repairs under $330.00 per month, Contractor has the ability to make repairs and submit documentation to Customer. D. Additional Services Contractor shall provide services over and above the Contract Specifications/Scope with written authorization from Client only. Client shall issue Task Orders (TO's) upon approval as determined by the Client. E. Personnel 1. ABM staff shall be experienced and trained within the discipline and scope of work(s) outlined above to industry standard and the Satisfaction OF CoBB. 235 Miscellaneous — Customer will provide two Conex Storage Boxes and a staging area on site for landscape equipment and supplies. II. PERSONNEL A. Contractor will provide all labor, transportation and supervision necessary to perform the work described herein. B. Personnel will be legal to work in the United States and the State of Florida C. Field personnel will be equipped with all supplies, tools, parts and equipment to 236 � 1 A�� YSHEDULE OF SERVICES TO BE PERFORMED FORBi.d1 li ` , FBOYNTON BEACH — TOWN CENTER COMLEX JA �� FE _MAAP MA .fU J AU SE OC NO DE Service N B R R Y N L G P TV C TOTAL Mowing turfgrass 8 8 8 9 10 10 10 10 10 9 8 8 104 Mowing dry retention f 9nds 1 1 �, 1 6 Pruning �_. _ ,,, . , , , .,...s v..1 f ..� ... shrubs and roundcover �.._. 1 1 1 1 1 1 1 1 1 1 1 1 12 Weeding j _..,.� �..... ....... ,,,,,,,,,,,,, ... _... .. Plant Beds 1 1 1 1 1 1 1 1 1 1 1 1 12 Pruning _.. _ Trees (under 1 P' Pruning 1 1 1 1 �., 4 Palms . (under 16') 1 1 1 1 ,...... ...... w, 1 ,, ,, ,,,,,, 1 ,,�, ,,,,,,,,, 1 ,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 1 1 ,. .... .... 1 .;.. 1 .... 12 l ............__ ....'..a Fertilization of Turf 1 1 1 1 1 1 6 Fertilization of Plants - ...........__ 1 �... ..... 1 1 1 4 Fertilization Trees & Palms1 1 1 1 4 IPM Pest .... _____ {..._ .. _ ,,. � _ �.w a ........... .. .... .... ....... Control 1 1 1 1 1 1 1 1 1 1 1 1 12 Irrigation Wet Checks 1 1 1 1 1 1 1 1 1 1 1 1 12 Soil Testing 1 1 2 Mulch Alps _ �,n, „� 2� 1 ,, , C ._ ------ 1 __ . 2 . Seasonal j Color/Flower 0 �Polw,,,,,„�,,, icing/Tras .........._�® �.... _....__ h Removal 21 22 21 22 21 22 21 22 21 22111111111"t 21 22 260 Miscellaneous — Customer will provide two Conex Storage Boxes and a staging area on site for landscape equipment and supplies. II. PERSONNEL A. Contractor will provide all labor, transportation and supervision necessary to perform the work described herein. B. Personnel will be legal to work in the United States and the State of Florida C. Field personnel will be equipped with all supplies, tools, parts and equipment to 236 10 ABM,`17 work, QigAI&q pnnel will be properly licensed for all applicable maintenance functions, including any pesticide application. E. Personnel shall wear clean uniform shirts and hats of consistent design and color, in order that they may be recognized personnel of Contractor while on site. Contractor's personnel shall comply with all OSHA dress code regulations, i.e. steel toed shoes, safety goggles, ear protection, etc. Fw Contractor's personnel are perceived as representatives of CoBB while on property, and as such, will conduct themselves in an efficient, well mannered, well groomed and workmanlike manner at all times. G. Any damage caused by the Contractor's personnel shall be repaired immediately at no cost to CoBB. H. The Contractor's Landscape Supervisor will be fluent in English and will have constant radio contact with the Contractor's Management personnel, as well as the office support staff. SchedulinglSafety Work will be coordinated with Boynton Beach and scheduled to give the least possible interference to Boynton Beach's operations. Sufficient warning devices will be employed, whenever necessary, to provide safety to persons and vehicular traffic. J. Drug Free Workpla„cea„nd Backs round Checks Contra..°°..,..,..,..„.. ctor will have in place a Drug Free Workplace policy as a condition of employment for its employees. Contractor shall also conduct criminal background checks as a precursor to hiring a new employee. 237 238 111,10P RM SECTION C: RESTROOMSILOCKER ROOMS . .............. .. Clean 17sane'`11z"e' all —surfaces; including toilets, urinals, lays, countertops, etc. --- ............. . ... ..... Clean & sanitize external surfaces of p! infixtures x ................ rpa down and clean all mirrors and glass surfaces x . .......... . ... .... .... . .... Replenish soap, paper products and feminine hygiene _products . . ........ . . ........ . ...... x Remove waste, clea n & sanitize waste/sanitary napkin receptacles and re lace liners x ............ .. . P .. ............ Clean & sanitize walls, artitions and restroom fixtures x ......... ...................................................................... . . .... ................ . . .......... . --P . ...... ................ . ..... Sweet/dust mo wet moi floors & baseboards x _p ............ ------- . ........... ........ . . . . . . . . ........... . .......... 1 --- _Spot clean door lambs, doors and door hardware .. ........... ................................. . . . . .... . . . ........................ . ............... -- ........... . .............................. . .. ........ Oprate all flush valves, soap dispensers, towel/tissue dispenserps & advise of malfunctions x . . . ............. . . . . ......... Dust air diffusers and lights x -------- --- 4--1 . . . . ............. SECTION D: ELEVATORS -- ----------- Vacuum &_sp_pt clean floors x . ........ .. . spot clean . ...................... . ...................... . '111111111,11-11,11,11" , . .......... . .............................. Clean, sanitize and polish walls, handrails, doors, jambs and push ....b.....u.. t.....t.....o.........n......s.. .......................................... ...... x ............. . Polish any stainless steel with ap.pro, nate cleaner x P . .. . ..... SECTION E: KITCHENS& BREAK ROOMS Perform al p in Section A x I tasks . . . ................ Wash & sanitize all tables, chairs, countertops, sinks, _plumblng, surfaces, etc. ..... . ...... .......... ... .. ......... Replenish �y.,ap cabe s p an il ........ .... 0 a _ d gaper d.1 SPq.9 s e r.s-- x ............ ..... Wipe down surfaces of refrigerators & dishwashers as applicablex ...... ---- -------- ........ . ........... . ................ -------------- . . . . ...................... . . . ............... . . . . ........................ Sweep & dust mop all hard surface flooring . . ..... x . . ......................... . . ... . ...... ...... . , , , Wet mo all hard surface floorin x 11 E-1-11 11P-1. . .. . ........ -- ............... . . . SL_ materials accordingly x mpty all trash and recycling containers and dispose of .......... . ........... . ....... ............ .... ......... Clean & sanitize all waste and recyclin containers . . . . . . . . ........ . x ....... . ....... 9 ................ Superseding any discrepancy above — the following protocols/periods will be followed: All (",aril"Clie'd iweai u�,hcsiflid bic),�acuui�nicid daiky - UIVAC�,,tmN do%�,,n monthly - Recyic[e enipfilicd chilly - Gl�lss suii-flce�s Nviped do)&,n &Aly Bie,a:krcmris rice to bilo, ungipcid (L10)11, &yItnilii inn call"IlRR ard BR (bail), (111111- ClUll N1111 P01 -11Q11 -S cycle (III oq� I i b flic for oflur ",%46c[l %,NY01 �akiufi-OTI! 111C 111OUrly dk,,.�:ining up ar[d 'Y t7 sian,iflzg of Hie 111clifly. 239 AdditJod'Ilaa&rVce"I :1 II C I� I"'I a U I' d e 240 MISI Carpet Sha 0 minimum) Hot Water E. 00 minimum) . . ....... . . Additional Janitorial Labor . . ............................. . . ......................... . . . . ... ... 30% mark-up of labor ($50.00 minimum) Upholstery Cleaning Standard Chair ...... . . . ........... $4.00 per chair ($75.00 minimum) ............... ® Upholstery Cleaning Executive Chair — ------------------------------------ - - - - - $6.00 per chair ($75.00 minimum) . ............ ____ ... . . .............. Construction Clean-up ... .... ........... ... __ ......... $17.50 per hour ($70.00 minimum) ............r„ „ ,,,,,....,-- Refrigerator Cleaning (normal size) ............. . . . . . . ....... $50.00 per occasion Refrigerator Cleaning (normal size, 1xIweek) . ....................... . . ............................ . . $120.00 per month - -- — ----- - Refrigerator Cleaning (commercial size) . ........... $70.00 per occasion . . . . . . . . . . . ....... . . . . ....................................... . . . . Refrigerator Cleaning (commercial, lx/week) . . ....... . . . ........................ $250.00 per month ........ . ................ ------ Placing dishes in dishwasher from sink (daily) . ... ... .. . ......... . . . ...... $75.00 per month ......... . . . . . .......... . . . .... .... Placing dishes in dishwasher from sink and ......... . .... ... . . . . . . ........................ . . . . . $130.00 per month replacing clean dishes to cabinets (daily) Collecting dishes throughout suite and placing in ........ ................. . . . i $10.00 per occupant per month dishwasher (daily) . ...... . . ............... Buffing Hardwood Floors ................. . . ......... $0.30/SF ($75.00 minimum) -------- ----- — — — ------ Vinyl Tile Floor Strip and Wax - .............. $0.23/SF ($75.00 minimum) ................... . _ ........... Vinyl Tile Spray Buff $0.08/SF ($75.00 minimum) - - - — ------ ... Ceramic Tile Machine Scrub . . ........................................ 11_ ............ $0.15/SF ($75.00 minimum) . ................................ ................ . . ............. . .. . ....... Stone/Marble Polish . ...... ........................ . . ................. . . . . . . . . . . . . . . ............................. $1.75/SF I— I — - -- -- - ---------- Microwave Cleaning (daily) ............ ........................ ............. . . . . . $75.00 per month m. Microwave Cleaning (1x/week) ti,,,,,,,,,,, ............ . $40.00 per month ----- . . ........ . . . ............... . . ....................................................................... Microwave Cleaning (one time) . ........ . ........ . . . . ......... $10.00 per occasion ._ . . ................................................................ ...... - "I'll . ........... .. ... ... ... ... ................... Potted Plant Watering (1x/week) . . . . . . . . . . . ............. . . ...................... . . . . . . . . . . . ............................... ........ . . . ......... $25.00 per month .................................... . . . . . . ................................................................. 240 "art!!" ABMIII SCHED. 3 — HVAC & ELECTRICAL t'iii141'auu"Ll CUSTOMIZED PROFESSIONAL MAINTENANCE PROGRAM This CUSTOMIZED PROFESSIONAL MAINTENANCE 11 (CPM -11) is designed to provide the Customer with an ongoing maintenance program. The CPM -11 program will be initiated, scheduled, administered, monitored, and updated by the Contractor. The service activities will be directed and scheduled, on a regular basis, by our comprehensive equipment maintenance scheduling system based on manufacturers' recommendations, equipment location, application, type, run time, and Contractor's own experience. The Customer is informed of the program's progress and results on a continuing basis via a detailed Service Report, presented after each service call for Customer's review, approval signature and record. CONTRACTOR WILL PROVIDE THE FOLLOWING PROFESSIONAL MAINTENANCE SERVICES MONTHLY FOR THE BUILDING ENVIRONMENTAL MECHANICAL SYSTEM(S) COMPRISED OF THE EQUIPMENT IN ALL (4) CITY HALL BUILDINGS (THE TOWN SQUARE). TEST AND INSPECT: Job labor, travel labor and travel and living expenses required to visually INSPECT and TEST equipment to determine its operating condition and efficiency. Typical activities include: -TESTING for excessive vibration; motor winding resistance; refrigerant charge; fan RPM; refrigerant oil (acid); water condition; flue gas analysis; safety controls; combustion and draft; crankcase heaters; control system(s); etc. -INSPECTING for worn, failed, or doubtful parts; mountings; drive couplings; oil level; rotation; soot; flame composition and shape; pilot and igniter; steam, water, oil and/or refrigerant leaks; etc. PREVENTIVE MAINTENANCE: Job labor, travel labor and travel and living expenses required to clean, align, calibrate, tighten, adjust, lubricate, and paint equipment. These activities are intended to extend equipment life and assure proper operating condition and efficiency. Typical activities include: -CLEANING coil surfaces; fan impellers and blades; electrical contracts; burner orifices; passages and nozzles; pilot and igniter; cooling tower baffles, basin, sump and float; chiller, condenser, and boiler tubes; etc. -ALIGNING belt drives; drive couplings; air fins; etc. -CALIBRATING safety controls; temperature and pressure controls; etc. -TIGHTENING electrical connections; mounting bolts; pipe clamps; refrigerant piping fittings; damper sections; etc. -ADJUSTING belt tension; refrigerant charge; super heat; fan RPM; water chemical feed and feed rate; burner fuel/air ratios; gas pressure; set point of controls and limits; compressor cylinder unloaders; damper close -off; sump floats; etc. -LUBRICATING motors; fan and damper bearings; valve stems; damper linkages; fan vane linkages; etc. -PAINTING for corrosion control, as directed by our scheduling system and on an as - needed basis. Quarterly filter changes on all HVAC units contained within this contract — MERV8 or better.. 241 Building Controls Contractor shall train Site Supervisor on CoBB building controls system (excluding AV, card access and Fire — life safety) and be capable of performing routine maintenance, restarts, scheduling and preliminary trouble diagnosis. Additional Task Orders shall be used for major system updates, changes and deficiencies/issues. Electrical SOW Generator Inspection and Service Scope of Work As Needed — GenSet inspections/servicing as needed via Separate TaskOrders (not included on this contract) o Storm Service — In the event of a storm where power is lost and the generator is used, the location notifies us for daily inspections for operational reliability. Every 10 days or at the conclusion of the outage (whichever comes first) a post storm service is performed. o Fuel Polishing — Fouled full can occur in high humidity environments and older rusty tanks. In addition, any water incursion can induce bacterial growth. Fuel polishing will clean the fuel to its optimum point. o Repairs — Recommended repairs will be categorized and prioritized for execution to minimize any potential down time. o Fueling — Provide fueling as needed as separate TaskOrder to this MSA contract Sched 3 - Pest Control Pest Control — Contractor shall provide oversight and communication from City to City chosen/contracted vendor or provider(s) of Pest Control as needed to maintain a satisfactory level of pest control throughout the Town Square (city of Boynton beach TS) per Customer satisfaction. ABM not to provide actual Pest Control services under this contract. Waste bin turnover and management/swap out to be handled by ABM at all interior and exterior waste bin locations — Dumpster services available upon request via separate Task Order. (Commercial Dumpster service to be provided by the CoBB — Customer currently) 242 Schedule 4 - Porter Service — Full site coverage and Supervision as follows ABM shall provide to Customer: (1) Supervisor - Full time and the "equivalent hours of 3 Full -Time Porters" through the use of an working Supervisor and shift staggering as below: Porter Shift Coverage - 2 Shifts - 7 days a week - Mon - Sun Shift 1 - 7am - 3-30pm Shift 2 - 12:30 - 9pm (2) Porters for assistance and spot issue addressing real-time for all trades as able above or will engage Supervisor or specialized talent when needed — overseen by ABM "working" Site Supervisor Additional repairs or services shall be provided in writing for Customer approval via separate TaskOrder and structured generally as follows: HVAC hourly rate $98.001hr Landscaping hourly rate $25.001hr Janitorial hourly rate $20.00/hr Electrician hourly rate $105.001hr Additional Materials or Equipment markup of +10% shall be added to all required emergency or separate repairs unless otherwise agreed to specifically in separate TaskOrders. Contractor shall get written authorization via Separate TaskOrders prior to additional services or work being provided. 243 Schedule 5 — Liquidated Damages 1. COMPLETION OF WORK/ LIQUIDATED DAMAGES: 1.1. The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount of damages which the City will suffer in the event the Contractor does not timely complete the scope of work and/or perform to the technical specifications as outlined in the bid documents and contract. The Contractor and City agree these liquidated damages shall be assessed as damages, as provided in the Contract, and that they are not, and shall never be considered to be a penalty. 1.2. Liquidated damages due to the City may be deducted from payments due the Contractor, or may be collected from the Contractor or his Surety. These provisions for liquidated damages shall not prevent the City, in case of the Contractor's default, from terminating the right of the Contractor to proceed as provided in the Contract. 1.3. Upon the occurrence of any failure to perform, the City shall notify the Contractor in writing of the nature of the failure and of City's intention to request corrective action(s), assess liquidated damages or either terminate the Contract. 1.4. Upon receipt of any such notice, Contractor, unless the notice requires otherwise: • Shall promptly make every reasonable effort to correct all items listed in the notice satisfactory to the City's requirements within one (1) calendar day; • Failure to correct all items within three (3) calendar days will result in damages being assessed as shown below under Section 1.5 — Liquidated Damages: • Failure to correct for the same item three (3) times in a ninety (90) day period will automatically be grounds for termination of the contract. Liquidated Damages —The Liquidate Damages shall be assessed as follows: Landscape Services (includingwPorter)„ Service item % reduction in monthly payment + Missed/Noncompliant Mowing of Turf/Grass 3.29% per occurrence • Missed/Noncompliant Trimming/Pruning 5.26% per occurrence + Missed/Noncompliant Litter Control 1.32% per occurrence • Missed Wet Check 5.26% per occurrence • Missed/Noncompliant Edging/Line Trimming 3.29% per occurrence • Missed/Noncompliant Weed Control 1.32% per occurrence • Missed/Noncompliant Fertilization non payment + Missed/Noncompliant Mulch non payment 244 ABMt PorteJanitorial Serviices,,(jM!qqi Service item • Missed/Noncompliant Floor Maintenance • Missed/Noncompliant busting/Wipe Down • Missed/Noncompliant Trash/Recycling Removal • Missed/Noncompliant Clean/Sanitizing Surfaces • Missed/Noncompliant Polish Stainless Steel Mechanical & Electrical Services Service item % reduction in mo�.[,� ',ent 5% per occurrence 3% per occurrence 2% per occurrence 2% per occurrence 1% per occurrence % reduction in monthly rwament • Missed/Noncompliant Filter Replacement 10% per occurrence • Missed/Noncompliant Test/Inspection 10% per occurrence • Missed/Noncompliant Preventative Maintenance 5% per occurrence • Missed Condensate line check 5% per occurrence Pest Control Service item % reduction in monthly rY ment • Missed/Noncompliant Service call relay 5.00% per occurrence • Missed/Noncompliant follow-up notice 5.00% per occurrence 245 ABM Pending invoices InvoicePO 18279551 18317056 18367928 18446160 Total Account Detail /Date 20 -Jun -23 30 -Jun -23 20 -Jul -23 20 -Aug -23 Landscaping 230296 13,708.00 13,708.00 27,416.00 001-2730-572-49-17 Janitorial 230079 27,669.00 27,669.00 55,338.00 001-2511-519-34-10 Mechanical 230080 8,140.00 5,035.58 13,175.58 001-2511-519-46-25 Totals 13,708.00 8,140.00 27,669.00 46,412.58 95,929.58 246 PD, Box .EO ftnf,on lkach, 11, 3342,50310 lltnne: (56IJ ',742 6244 TO Mario Guzman — Public Works Director FROM Melvin Stinson — Facilities Manager DATE September 25, 2023 RE ABM Past due invoices On date December 12, 2022, the Facilities Division requested the authorization for the payment of past due ASM invoices #17585501 and 17502825, which correspond to FY2022 budget. This request was made and charged wrongly to the FY2023 Blanket PO, which causes that at this time, the blanket PO has no funds available to cover the last two months of services for the fiscal year. We are requesting a confirming/emergency PO in order to cover the past due invoices # 18279551, # 18317056, # 18367928 and # 18367928 for a total amount $95,929.58. 247 PC) ABoi:.3'I4 IPAK: (561) 742 6211 r auna b ryr.Pai TO: Mario Guzman, Director of Public Works FROM: Melvin Stinson, Infrastructure Maintenance Manager Adrianna Greco-Arencibia, Assistant to Director DATE: December 12, 2022 SUBJECT: ABM Invoice explanation In an effort to reconcile our account and speaking with the vendor, there are past due invoices from FY21/22 that must be paid to bring our account to a current status. Attached are the invoices provided by the vendor from the end of the 21122 fiscal year blankets that must be processed on the FY22/23 budget. to th u(,is' PUFN 248 Building Value ABM BUILDING SOLUTIONS BOCA RATON 3260 NW 23RD AVE SUITE E 100 POMPANO BEACH, FL 33069 CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33435 INVOICE 17585501 10/20/22 11625425 85290448 210206 11/19122 TOWN SQUARE OPS & MAINTENANCEICOBB 100 E. OCEAN AVE BOYNTON BEACH, FL 33435 y C) I "I'll REMARKS AMOUNT TAX RATE TAX TOTAL Monthly Landscape Services 13,708.00 0.0000% 0.00 13,708.00 Monthly Janiton"fli serw'IkOf 27,669.00 0.0000% 0.00 (727,669.00 �"9 Monthly Mechanical & Electrical Services 5,035.58 0.0000% 0.00 5,035.58 ................ .. Send ACH Payments TO: BANK OF AMERICA Account # 1499505328 PRE-TAX TOTAL $46,412.58 Transit # 122000030 Remittances: ACH@ABM.com TAX $0.00 L. . . . ...... .... ...... ....... — ---j TOTAL .e note: e . . . .. . ...... .. .. .. .. .. . . . . . .......... . ......... . . . ........... . . . ....... : Pleas Our NEW Remit To address: PO BOX 419860 BOSTON, MA 02241-9860 1 For questions about this invoice, email ABM.Billing@abm.com. For all other inquiries, please contact your ABM Representative. ........................ . . . . . . . . . fi'ijM0'6'ktAkt NOTICE11L PLEASE CALL ABM AT 713-776-5052 TO REPORT ANY ATTEMPT TO CHANGE THE INSTRUCTIONS LISTED ON THIS INVOICE Page I of 1 249 %%` ^JE3AA, Building Value "Ifflan"D ABM BUILDING SOLUTIONS BOCA RATONuw�ywxto��wai�wei�roa�w Wflffiffi ux�� uyyyyya�a ��ruwuidiK��rduw��mmr ur rra iH� u� r mi�r�� 3260 NW 23RD AVE 17502825 09/21/22 SUITE E 100 POMPANO BEACH, FL 33069 61SO!""1111011! 3 r l �� do �� 141 Iml� 11625425 85290448 CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33435 210206 10/21/22 TOWN SQUARE OPS & MAINTENANCE/COBB 100 E. OCEAN AVE BOYNTON BEACH, FL 33435 5e,,.,, ..................................................... ________- nd A ' Payments To: BANK OF AMERICA Account # 1499505328 PRE—TAX TOTAL $46,412.58 Transit # 122000030 Remittances: ACH@ABM.com TAX $0.00 ... TOTAL $46,412.581 Please note: Our NEW Remit To address: PO BOX 419860 BOSTON, MA 02241-9860 For questions about this invoice, email ABM.Billing@abm.com. For all other inquiries, please contact your ABM Representative. R�IAlIPORTANT NOTICE LEASE CALL ABM AT 713 776 5052 TO REPORT ANY ATTEMPT TO CHANGETHE REMITTANCE FiNSTRUCTIONS � LISTED ON THIS INVOICE „�„�. � �, .,. Page 1 of 1 250 �Fuuuunm uu v'w�IMlhl9i'm'w,im 'km REMARKS AMOUNT TAX RATE TAX TOTAL Monthly Landscape Services 13,708.00 0.0000% 0.00 13,708.00 I'�NIII N'i��1il'�t'EV� �ffV, ' 27,669.00 0.0000% 0.00 27,669.00 _, � Monthly Mechanical & Electrical Services 5,035.58 0.0000% 0.00 5,035.58 5e,,.,, ..................................................... ________- nd A ' Payments To: BANK OF AMERICA Account # 1499505328 PRE—TAX TOTAL $46,412.58 Transit # 122000030 Remittances: ACH@ABM.com TAX $0.00 ... TOTAL $46,412.581 Please note: Our NEW Remit To address: PO BOX 419860 BOSTON, MA 02241-9860 For questions about this invoice, email ABM.Billing@abm.com. For all other inquiries, please contact your ABM Representative. R�IAlIPORTANT NOTICE LEASE CALL ABM AT 713 776 5052 TO REPORT ANY ATTEMPT TO CHANGETHE REMITTANCE FiNSTRUCTIONS � LISTED ON THIS INVOICE „�„�. � �, .,. Page 1 of 1 250 „irNi�rnrnwin�n W��wy��wlP�mmg1ny , „ , „ ,. BifflIding, Vaiiae ABM BUILDING SOLUTIONS BOCA RATON 3260 NW 23RD AVE SUITE E 100 POMPANO BEACH, FL 33069 COMENWREEM CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33435 INVOICE REMARKS DATE _ UNITS RATE TOTAL ADDITIONAL CHARGES FLAT RATE CHARGE Send ACH Payments To: BANK OF AMERICA Account # 1499505328 Transit # 122000030 Remittances: ACH@j1BM.com f1ease nots- 0oirIVEIN Reir ift,111"o addiress, PO BOX 419860 BOSTON, MA 02241-9860 a 1.00 8,140 00 8114100 PRE-TAX TOTAL $8,140.00 TAX $0.00 TOTAL $8,140001 For questions about this invoice, email ABM.Billing@abm.com. For all other inquiries, please contact your ABM Representative. INSTRUCTIONS LISTED 733- CTIONS LISTED ON THIS INVOICE PT TO CHANGE THE REMITT Page...... ........... . ... .w..j"of 1 P 251 C:1)=20E0Mzz18= 18317056 06/30/23 EMMEMEMEMM 11625425 85290448 CzMEEEEM=0 1 07/30/23 CEEMINEMEEM 74683538 rs TOWN SQUARE OPS & MAOTENANCEICOBB 100 E. OCEAN AVE BOYNTON BEACH, FL 33435 REMARKS DATE _ UNITS RATE TOTAL ADDITIONAL CHARGES FLAT RATE CHARGE Send ACH Payments To: BANK OF AMERICA Account # 1499505328 Transit # 122000030 Remittances: ACH@j1BM.com f1ease nots- 0oirIVEIN Reir ift,111"o addiress, PO BOX 419860 BOSTON, MA 02241-9860 a 1.00 8,140 00 8114100 PRE-TAX TOTAL $8,140.00 TAX $0.00 TOTAL $8,140001 For questions about this invoice, email ABM.Billing@abm.com. For all other inquiries, please contact your ABM Representative. INSTRUCTIONS LISTED 733- CTIONS LISTED ON THIS INVOICE PT TO CHANGE THE REMITT Page...... ........... . ... .w..j"of 1 P 251 ��i��11,�i�,1n�Y191Yyl��ylyd�Jri�1riJJN�I�i}wlN�1�Wh1Nif�ii��liUl��+1�)�wY��YIYyIYIY�I�Ww jAkSAAO Building Value ABM BUILDING SOLUTIONS BOCA RATON 3260 NW 23RD AVE SUITE E 100 POMPANO BEACH, FL 33069 CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33435 INVOICE 183437928 07/20/23 11625425 85290448 ro s umuuf 210206 08/19/23 =. TOWN SQUARE OPS & MAINTENANCE/COBB 100 E. OCEAN AVE BOYNTON BEACH, FL 33435 REMARKS; AMOUNT .p rI/' TAX TOTAL MONTHLY LANDSCAPE 13,708.00 0.00 13,708.00 MONTHLY JANITORIAL 27,669.00 0.00 27,669 00 d MECHANICAL 8 ELECTRIC 5,035.58 0.00 „' _ 5,035.58'Ar Account# 1499505328 BANK OF AMERICA Account # 1499505328 PRE-TAX TOTAL $46,412.58 Transit # 122000030 Remittances. ACH@ABM.com TAX $0.00' m..—.. TOTAL $46,412.58 I lewiie emote, Om•mm Nl;::::W IRemlt °I„rm viddiiI PO BOX 419860 BOSTON, MA 02241-9860 For questions about this invoice, email ABM.Billing@abm.com. For all other inquiries, please contact your ABM Representative. .. �»,M »� �Y➢� � �� _ m a�a�wwwwwwwwwwwwwwww ................www �� ...��.,�. ��......�..w ,lilidVi � � � FtB� C�,LLP+l3N1 C;T 71'a 7765052 TO FtEPi?RT.�C�'Y P�TTI=MF'T TC3 GfiPe�IC�E ThIE f�Ef1Ai ALICE °tii r ”' rf� p mil^@'G IUihf Ik 4 `A! r� PLE Page 1 of 1 252 f ABM, Ekd1ding Viallue ABM BUILDING SOLUTIONS BOCA RATON 3260 NW 23RD AVE SUITE E 100 POMPANO BEACH, FL 33069 CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33435 REMARKS MONTHLYLANDSCAPE MONTHLY JANITORIAL MECHANICAL & ELECTRIC Account # 1499505328 BANK OF AMERICA Account # 1499505328 Transit # 122000030 Remittances: ACH@ABM.com pill ase , mrmte Ouir IINE'W'IReirmit To dlriuress; INVOICE 18446160 08/20/23 11625425 85290448 0EMMU,M=;&= 210206 1 09/19/23 TOWN SQUARE OPS & MAINTENANCE/COBB 100 E. OCEAN AVE BOYNTON BEACH, FL 33435 AMOUNT TAX TOTAL 13,708.00 0.00 5 13,708.00 27,699.00 0.00 27,699.00 5,035.58 0.00 5,035.58 PRE-TAX TOTAL $46,412.58 TAX W00 TOTAL $46,412.58 11 PO BOX 419860 BOSTON, MA 02241-9860 For questions about this invoice, email ABM.Billing@abm.com. For all other inquiries, please contact your ABM Representative. [71"�7,71,FFRUC TI,aO,a,oNS 1 ISo,oT,o„E I ON THIS INVOICE � 50,5,2, TO REPORT ANY ATTEMPT TO CHANGE THE REMITTANCE ST ... Page 1 of 1 253 ABM ili11llln '),falue ABM BUILDING SOLUTIONS BOCA RATON 3260 NW 23RD AVE SUITE E 100 POMPANO BEACH, FL 33069 CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33435 REMARKS MONTHLY LANDSCAPE MONTHLY JANITORIAL MECHANICAL & ELECTRIC Account #1499505328 BANK OF AMERICA Account # 1499505328 Transit # 122000030 Remittances: ACH@ABM.00m Please note: Our NET' Ill eirnli 'To uu1di ess. PO BOX 419860 BOSTON, MA 02241-9860 INVOICE 18279551 06/20/23 11625425 85290448 e uuu uuu 210206 07/20/23 TOWN SQUARE OPS & MAINTENANCE/COBB 100 E. OCEAN AVE BOYNTON BEACH, FL 33434 AMOUNT TAX 13,708.00 0.00 27,669.001 0.00 v w 5,035.58 �0.00 a � u o� i i.-'J�M i' 6 z✓rf 4.n TOTAL 1 27,669.00 , 5, PRE—TAX TOTAL $46,412.58 TAX $0.00 TOTAL $46,412.58 For questions about this invoice, email ABM.Billing@abm.com. For all other inquiries, please contact your ABM Representative. .w„. w.......� �z�.. �b�.��i��PLEASE CALL ABM AT 713-776-5052 TO REPORT ANY ATTEMPT TO CHANGE THE REMITTANCE INSTRUCTIONS LISTED ON THIS INVOICE ..... .... ... ... . .. . . . . .............. .. ,,.;.",.......... . ..ti ��„mss s"t”, Y .,�" wwww..... ... . Page 254 6.H Consent Agenda 10/17/2023 Proposed Resolution No. R23-146- Land Use Agreement - 3301 Quantum Parking Lot (2023 Pirate Fest). Requested Action: Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and 3301 Quantum Owner LLC for the 2023 Boynton Beach Pirate Fest event on Saturday, October 28 and Sunday, Oct 29 2023. Explanation of Request: The City has received permission from the property owner to utilize the following property to provide free public parking for 2023 Boynton Beach Pirate Fest event attendees: 3301 Quantum Owner LLC - 3301 Quantum Boulevard. Attendees will have the option to park remotely in the lot and utilize free bus shuttle services to and from the event provided by the City of Boynton Beach's transportation vendor during the duration of the 2023 Boynton Beach Pirate Fest event. How will this affect city programs or services? Parking is very limited in the Town Square area and this agreement provides an additional parking option for those that would like to attend the 2023 Boynton Beach Pirate Fest event. Fiscal Impact: There is no cost related to the temporary use of this property. Attachments: R23-146 Resolution approving Land Use Agreement with 3301 Quantum Owner LLC for PirateFest-_Reso.pdf-_Reso.pdf 23 - QUANTUM - AGREEMENT FOR USE OF PROPERTY - SIGNED.pdf 255 1 RESOLUTION NO. R23-146 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND USE 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 3301 7 QUANTUM OWNER, LLC., FOR THE 2023 BOYNTON BEACH PIRATE 8 FEST EVENT ON SATURDAY, OCTOBER 28TH AND SUNDAY, OCTOBER 9 29, 2023; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City has received permission from the property owner to utilize the 13 3301 Quantum Owner, LLC., property as a public parking option during the 2023 Boynton 14 Beach Pirate Fest event; and 15 WHEREAS, parking is very limited in the Town Square area and this agreement 16 provides an additional parking option for those that would like to attend the 2023 Boynton 17 Beach Pirate Fest event; and 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 19 recommendation of staff, deems it to be in the best interests of the City residents to approve 20 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 21 and 3301 Quantum Owner, LLC., for the 2023 Boynton Beach Pirate Fest event on Saturday, 22 October 28th and Sunday, October 29, 2023. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission hereby approves and authorizes the Mayor to S:ACA\RESO\Agreements\Land Use Agreement with 3301 Quantum Owner LLC for PirateFest - Reso.docx 256 29 sign a Land Use Agreement between the City of Boynton Beach and 3301 Quantum Owner, 30 LLC., for the 2023 Boynton Beach Pirate Fest event on Saturday, October 28th and Sunday, 31 October 29, 2023. A copy of the Agreement is attached hereto as Exhibit "A." 32 Section 3. This Resolution shall become effective immediately upon passage. 33 PASSED AND ADOP 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 TED this 17th day of October, 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\Land Use Agreement with 3301 Quantum Owner LLC for PirateFest - Reso.docx 257 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this day of , 2023, by and between the City of Boynton Beach ("City") and 3301 Quantum Owner LLC its officers, employees, successors and assigns ("Owner") WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 3301 Quantum Blvd, Boynton Beach, FL 33426 (Parcel Number: 08-43-45-17-07-000-0120), (the "Property"); and WHEREAS, the City desires to use the parking lots located on the Property for parking for an event taking place on Saturday, October 28, 2023 and Sunday, October 29, 2023 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. Owner is responsible for any injuries which occur on the Property as a result in a defect in the property, Owner's failure to maintain the property, and any and all other conditions which are the Property Owner's responsibility, and which cause an injury to any guest, invitee, or third party on Property. 5. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, and contractors, occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. Page 1 of 5 258 d. The City shall also be responsible for its own negligence. e. To the extent permitted by law, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 6. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 7. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. This Agreement shall expire on Monday, October 30, 2023 at 6:OOpm. 9. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 10. By execution of this Agreement, in accordance with the requirements of F.S. 287- 135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section Page 2 of 5 259 287 13 5, Florida Statutes, as amended fronri tune to time. IN'WrrNESS WHERE OF. the CITY OF BOYNTON BEACH has caused tnese, presents to be executed in its nam. e by, itis Mayor,arid arrested and its official seal to be hereunto affixed and Owner have litieuinto set its hand and seal the day and year first above written. X'rrEST� City ;lerk (SEA[,) Approved as to form City Attomey CV1'Y (IF -BOYN'1ON BEACV, MM j-'rint Name: 7"YPENSERGA. A'rJEST: 3301 Quantum Owner LIA"' By,. ("STATIS r" 1 11 11) A 'OU�' c h The foregoing instrument was acknowledged before nic: by mrans ophysical presence or , , " -1 L - online notarization dais _dayof,<-023� by 4� � L�r-----'ats — for 330'1 Quanturn Owner Ir"LIC' (NOTARY MAO(LNatne of Nay 4%r�T-d�LnntLAt�OrStarned) Idlersonally Known OR Produced IdentificAttion Type of Identification Pr(Auced EMMM 260 CINDY HATCHER Commission # GG 977959 l44 j 2 2024 al Ildwu U dPoZryS"-0# ("STATIS r" 1 11 11) A 'OU�' c h The foregoing instrument was acknowledged before nic: by mrans ophysical presence or , , " -1 L - online notarization dais _dayof,<-023� by 4� � L�r-----'ats — for 330'1 Quanturn Owner Ir"LIC' (NOTARY MAO(LNatne of Nay 4%r�T-d�LnntLAt�OrStarned) Idlersonally Known OR Produced IdentificAttion Type of Identification Pr(Auced EMMM 260 Exhibit "A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on Saturday, October 28, 2023 and Sunday, October 29, 2023. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower, signage and portable restrooms placement) before the Event. This access may occur anytime between Tuesday, October 26, 2023 and Monday, October 30, 2023, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable tower lights, portable restrooms, and event parking signs on the Property for the Event. Page 4 of 5 261 /j,vil 216, 20 1 12,25 1 Page 5 of 5 262 Z Consent Agenda 10/17/2023 Proposed Resolution No. R23-147- Land Use Agreement - 209 East Ocean Investors, LLC (2023 Boynton Beach Pirate Fest). Requested Action: Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and 209 East Ocean Investors, LLC for the 2023 Boynton Beach Pirate Fest event on Saturday, October 28 and Sunday, October 29, 2023. Explanation of Request: The City has received permission from the property owner to utilize the following property for the 2023 Boynton Beach Pirate Fest event: 209 East Ocean Investors, LLC. How will this affect city programs or services? Event space is very limited in Town Square and this agreement provides additional event space for entertainment at the 2023 Boynton Beach Pirate Fest event. Fiscal Impact: There is no cost related to the temporary use of this property. Attachments: R23-147 Resolution approving Land Use Agreement with 209 East Ocean Investors LLC for PirateFest-_Reso.pdf 23 - 209 E OCEAN- AGREEMENT FOR USE OF PROPERTY.pdf 263 1 RESOLUTION NO. R23-147 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND USE 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 209 EAST 7 OCEAN INVESTORS, LLC., FOR THE 2023 BOYNTON BEACH PIRATE 8 FEST EVENT ON SATURDAY, OCTOBER 28TH AND SUNDAY, OCTOBER 9 29, 2023; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City has received permission from the property owner to utilize the 13 209 East Ocean Investors, LLC., property as a public parking option during the 2023 Boynton 14 Beach Pirate Fest event; and 15 WHEREAS, parking is very limited in the Town Square area and this agreement 16 provides an additional parking option for those that would like to attend the 2023 Boynton 17 Beach Pirate Fest event; and 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 19 recommendation of staff, deems it to be in the best interests of the City residents to approve 20 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 21 and 209 East Ocean Investors, LLC., for the 2023 Boynton Beach Pirate Fest event on Saturday, 22 October 28th and Sunday, October 29, 2023. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission hereby approves and authorizes the Mayor to S:ACA\RESO\Agreements\Land Use Agreement with 209 East Ocean Investors LLC for PirateEest - Reso.docx 264 29 sign a Land Use Agreement between the City of Boynton Beach and 209 East Ocean Investors, 30 LLC., for the 2023 Boynton Beach Pirate Fest event on Saturday, October 28th and Sunday, 31 October 29, 2023. A copy of the Agreement is attached hereto as Exhibit "A." 32 Section 3. This Resolution shall become effective immediately upon passage. 33 PASSED AND ADOP 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 TED this 17th day of October, 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\Land Use Agreement with 209 East Ocean Investors LLC for PirateEest - Reso.docx 265 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this day of , 2023, by and between the City of Boynton Beach ("City") and 209 East Ocean Investors, LLC its officers, employees, successors and assigns ("Owner") WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 209 East Ocean Avenue, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-28-03-004-0110), (the "Property"); and WHEREAS, the City desires to use the lot located on the Property for an event taking place on Saturday, October 28, 2023 and Sunday, October 29, 2023 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. Owner is responsible for any injuries which occur on the Property as a result in a defect in the property, Owner's failure to maintain the property, and any and all other conditions which are the Property Owner's responsibility, and which cause an injury to any guest, invitee, or third party on Property. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, and contractors, occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. Page 1 of 5 266 d. The City shall also be responsible for its own negligence. e. To the extent permitted by law, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 6. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 7. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. This Agreement shall expire on Monday, October 30, 2023 at 6:OOpm. 9. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 10. By execution of this Agreement, in accordance with the requirements of F.S. 287- 135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Page 2 of 5 267 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. ATTEST: City Clerk (SEAL) Approved as to form: CITY OF BOYNTON BEACH Print Name: TY PENSERGA Title: MAYOR City Attorney ATTEST: 209 East Ocean Investors LLC Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of [_] physical presence or [_] online notarization this day of , 2023, by as for 209 East Ocean Investors LLC. (NOTARY SEAL) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced Page 3 of 5 268 Exhibit "A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on Saturday, October 28, 2023 and Sunday, October 29, 2023. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower, signage and equipment placement) before the Event. This access may occur anytime between Tuesday, October 26, 2023 and Monday, October 30, 2023, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable tower lights, equipment, and event signs on the Property for the Event. Page 4 of 5 269 Page 5 of 5 270 6.J Consent Agenda 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Proposed Resolution No. R23-148- Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of 115 N. Federal Highway, 409 Boynton Beach Blvd, 106 NE 3rd Avenue, and Cottage District site for the 2023 Boynton Beach Pirate Fest event. Requested Action: Approving and authorizing the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of 115 N. Federal Highway, 409 Boynton Beach Blvd, 106 NE 3rd Avenue, and Cottage District site for the 2023 Boynton Beach Pirate Fest event. Explanation of Request: The City has received permission from the Boynton Beach Community Redevelopment Agency to utilize the following property to provide free public parking for 2023 Boynton Beach Pirate Fest event attendees: 115 N. Federal Highway, 409 Boynton Beach Blvd, 106 NE 3rd Avenue, and Cottage District site. Attendees will have the option to park remotely in the lot and utilize free bus shuttle services to and from the event provided by the City of Boynton Beach's transportation vendor during the duration of the 2023 Boynton Beach Pirate Fest event. How will this affect city programs or services? Parking is limited in the Town Square area and this agreement will provide additional parking options for those that would like to attend the 2023 Boynton Beach Pirate Fest event. Fiscal Impact: There is no cost related to the temporary use of these properties. Attachments: R23-148 Resolution approving ILA with CRA for Pirate Fest Parking ILA with CRA for Temporary Use of Property Agreement.docx 271 1 RESOLUTION NO. R23-148 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE 7 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE 8 USE OF 11S N. FEDERAL HIGHWAY, 409 BOYNTON BEACH BLVD, 106 NE 9 3RD AVENUE, AND COTTAGE DISTRICT SITE FOR THE 2023 BOYNTON 10 BEACH PIRATE FEST EVENT; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, parking is limited in the Town Square area and this agreement will provide 13 additional parking options for those that would like to attend the 2023 Boynton Beach Pirate 14 Fest event; and 15 WHEREAS, The City has received permission from the Boynton Beach Community 16 Redevelopment Agency to utilize the following property to provide free public parking for 2023 17 Boynton Beach Pirate Fest event attendees: 115 N. Federal Highway, 409 Boynton Beach Blvd, 18 106 NE 3rd Avenue, and Cottage District site; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of 20 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 21 to approve and authorize the Mayor to sign an Interlocal Agreement between the City of 22 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of 115 23 N. Federal Highway, 409 Boynton Beach Blvd, 106 NE 3rd Avenue, and Cottage District site for 24 the 2023 Boynton Beach Pirate Fest event. 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. 30 Section 2. The City Commission of the City of Boynton Beach hereby approves and 31 authorizes Approving and authorizing the Mayor to sign an Interlocal Agreement between the 32 City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use 33 of 115 N. Federal Highway, 409 Boynton Beach Blvd, 106 NE 3rd Avenue, and Cottage District S:ACA\RESO\Agreements\ILA with CRA for Pirate Fest Parking - Reso.docx 272 34 site for the 2023 Boynton Beach Pirate Fest event. A copy of the Interlocal Agreement is attached 35 hereto and made a part hereof by reference as Exhibit "A". 36 Section 3. That 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 PASSED AND ADOPTED this 17th day of October, 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 ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\ILA with CRA for Pirate Fest Parking - Reso.docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney 273 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") hereby entered into by and between the City of Boynton Beach ("City") and Boynton Beach Community Redevelopment Agency ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property described in Exhibit A, (the "Property"); and WHEREAS, the City desires to use the Property for purposes of "Event"); and (the WHEREAS, the Event will take place on , 20_, as further described in Exhibit B; WHEREAS, Owner desires to permit the City to use the Property for the Event; WHEREAS, the Owner has previously authorized the Executive Director to enter into this Agreement pursuant to Resolution ; and NOW, THEREFORE, for the good and valuable consideration $10.00 and of the mutual covenants and matters set forth herein, the sufficiency of which both parties hereby acknowledge, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Owner agrees to allow the City to enter onto the Property for uses related to the Event on the dates and times specified on the attached Exhibit B. 3. The City shall conduct an inspection of the Property to ensure its suitability for the Event. The City accepts the Property for the Event in "as -is" condition. The Owner makes no representations or warranties concerning the condition of the Property or its suitability for the Event. 4. At least 10 days prior to the Event, the City shall provide 1) public notice, and 2) individual notice to the adjacent property owners and tenants of adjacent properties, of the City's intent to use the Property for the Event. 5. The City shall be required to provide alternative parking in exchange for use of the Property during the Event, if parking is provided on the CRA -owned properties. 6. The City represents and acknowledges that all its activities and all its employees, agents, guests, invitees, and Event participants are properly covered by appropriate insurance. The City shall obtain all insurance required by the Owner and provide proof thereof at 274 least 10 days prior to the Event, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COI") for comprehensive general liability insurance with a liability limit of at least $1,000,000 per occurrence combined single limit bodily injury and property damage liability. Additional insurance requirements may be found in Exhibit "C," which is hereby incorporated herein. The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Event or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of the acts or omissions of the City in connection with the Event. The Certificate must include the following as an additional insured: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 7. The City shall be responsible for any injuries to its employees, agents, guests, invitees, officers, and third parties occurring during activities in the course and scope of the Event and related to the use of the Property for the Event. The City shall further be responsible for any damage to the Property caused by the City's or other Event participants' use of the Property for the Event or during the dates described in Exhibit B. The City shall also be responsible for its own negligence. To the extent permitted by law, the City shall defend, indemnify, save, and hold harmless the Owner (including its agents, officers, and employees) from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property or other damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the City, the Event, or City's employees, agents, guests, invitees, officers, and third parties on the Property as a result of or during the Event. This paragraph shall not be construed to require City to indemnify Owner for Owner's own negligence, or intentional acts of the Owner, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. Nothing in this Agreement shall be considered a waiver of the Owner's sovereign immunity rights, including those rights retained by the Owner pursuant to section 768.28. Florida Statutes. 8. Owner hereby acknowledges and agrees that Owner has received $10 in compensation from the City and will receive other consideration in return for permitting the City to use the Property as provided for in this Agreement in the form of benefits derived from having Event participants within the Community Redevelopment Area. 9. The City shall leave the Property in a condition equal to or better than that prior to the Page 2 of 9 275 City's use of the Property. 10. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. No modifications or change in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound thereby. 11. The failure of a party to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the defaulting or breaching party fails to cure the default within seven (7) days of notice from the other party, or prior to the start of the Event, whichever comes first, the party not in breach or default may terminate this Agreement. 12. Owner shall not be responsible for any property or other damages or personal injury sustained by the City (including the City's agents, employees, invitees, guests, officers, and similar persons) from any cause whatsoever related to the Event, whether such damage or injury occurs before, during, or afterthe Event. The City hereby foreverwaives, discharges, and releases the Owner (including the Owner's agents, employees, and officers) to the fullest extent the law allows, from any liability for any damage or injury sustained by the City. 13. This Agreement shall expire on 14. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 15. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. All Exhibits to this Agreement are considered incorporated herein as if fully set forth. 16. The City shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity Page 3 of 9 276 without prior, written permission from the Owner. 17. This agreement shall become effective as of the date of the last signature below. The provisions of this Agreement concerning waiver, insurance, and indemnification shall survive termination of this agreement, along with those provisions that by their nature survive termination. IN WITNESS WHEREOF, the parties hereto have entered this Agreement on the day and year written below. [SIGNATURES ON FOLLOWING PAGE] Page 4 of 9 277 ATTEST: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: Date: I HEREBY CERTIFY that in this day before me, an officer duly qualified to take acknowledgements, personally, appeared , as Of the Boynton Beach CRA who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of , 202_. My Commission Expires: NOTARY PUBLIC Page 5 of 9 278 ATTEST: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF BOYNTON BEACH By: Print Name: Title: Date: I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally, appeared I as of produced who is personally known to be the person described in, or who as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of 202. My Commission Expires: NOTARY PUBLIC Page 6 of 9 279 Exhibit "A" The Property consists of the following properties: Location Parcel No. Page 7 of 9 280 Exhibit "B" Page 8 of 9 281 Exhibit "C" Page 9 of 9 282 Consent Agenda 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Proposed Resolution No. R23-149- FY 2023 COPS Technology and Equipment Program (Congressionally Directed Spending). Requested Action: Authorize the Mayor and Chief of Police to sign all documents associated with the acceptance and grant agreement for the FY 2023 COPS Technology and Equipment Program subject to the approval of the City Attorney. Explanation of Request: The City of Boynton Beach Police Department was awarded $1,025,000 from the FY 2023 COPS Office Technology and Equipment Program (TEP) which is an invitation -only grant program (Radio Project submitted through the Office of Congresswoman Lois Frankel). The program is designed to develop and acquire effective equipment, technologies, and interoperable communications that assist in responding to and preventing crime. The objective is to provide funding for projects which improve police effectiveness and the flow of information among law enforcement agencies, local government service providers, and the communities they serve. The awarded funds are allocated towards equipment for the radio tower being replaced. How will this affect city programs or services? The radio tower project supports Public Safety Radio Systems to the City of Boynton Beach and its surrounding areas. Replacing the radio tower ensures no Public Safety communications are disrupted affecting the safety of citizens. Fiscal Impact: By accepting this award the police department will receive $1,025,000 towards the costs of the radio tower equipment. Attachments: R23-149 Resolution approving the DOJ COPS Technology and Equipment Program 2023- 2024 283 1 RESOLUTION NO. R23-149 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE MAYOR AND POLICE CHIEF TO SIGN ALL 5 DOCUMENTS ASSOCIATED WITH THE ACCEPTANCE AND 6 GRANT AGREEMENT FOR THE FISCAL YEAR 2023 COPS 7 TECHNOLOGY AND EQUIPMENT PROGRAM SUBJECT TO 8 THE APPROVAL OF THE CITY ATTORNEY; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City of Boynton Beach Police Department was awarded $1,025,000 from 13 the FY 2023 COPS Office Technology and Equipment Program (TEP) which is an invitation -only 14 grant program (Radio Project submitted through the Office of Congresswoman Lois Frankel); 15 and 16 17 18 19 20 21 22 23 24 25 WHEREAS, the program is designed to develop and acquire effective equipment, technologies, and interoperable communications that assist in responding to and preventing crime; and WHEREAS, the awarded funds are allocated towards equipment for the radio tower being replaced; 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 authorize the Mayor and Police Chief to sign all documents associated with acceptance and grant agreement for the FY 2023 COPS Technology and Equipment Program subject to the approval of the City Attorney. 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 S:ACA\RESO\Agreeiuents\Grants\DOJ COPS Technology and Equipment Program 2023-2024 - Reso.docx 284 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 31 authorize the Mayor and Police Chief to sign all documents associated with acceptance and 32 grant agreement for the FY 2023 COPS Technology and Equipment Program subject to the 33 approval of the City Attorney. A copy of the Grant Agreement is attached hereto and 34 incorporated herein by reference as Exhibit "A". 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 17th day of October, 2023. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ATTEST: 54 55 56 Maylee De Jesus, MPA, MMC 57 City Clerk 58 59 60 (Corporate Seal) 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\Agreeiuents\Grants\DOJ COPS Technology and Equipment Program 2023-2024 - Reso.docx 285 6.L Consent Agenda 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Proposed Resolution No. R23-150- 2023 Edward Byrne Memorial Justice Assistance Grant Program (JAG) Requested Action: Approve and authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) for $48,192 subject to the approval of the City Attorney. Explanation of Request: The U.S. Department of Justice, Office of Justice Programs has awarded the Police Department a Justice Assistance Grant for the 2023-2024 funding cycle in the amount of $48,192. The department will use the funds to enhance the Real Time Crime Center (RTCC) by purchasing and installing consoles and raised flooring. The enhancements will make it more efficient for personnel to operate the RTCC equipment and access the other technology while in use. How will this affect city programs or services? The consoles will allow the RTCC operator (officer, analyst, dispatcher) working in the RTCC to be more productive while the raised floor gives better views of the various screens. The RTCC operator will be able to communicate critical information via voice, share multimedia data like video and photos, keep crucial video feeds in view at all times, monitor events and instantly query databases — all from one location. The enhancements to the RTCC will allow officers to respond to crime events more efficiently, more deliberately, with improved operational intelligence, and with a proactive emphasis on officer, citizen, and community safety. Fiscal Impact: By accepting this award, the Police Department will receive $48,192 to improve our operations and better serve the community. Attachments: R23-150 Resolution approving DOJ JAG Grant 2023-2024 286 1 RESOLUTION NO. R23-150 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE MAYOR TO SIGN ALL DOCUMENTS, 5 SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, 6 ASSOCIATED WITH THE ACCEPTANCE AND GRANT 7 AGREEMENT FOR THE 2023 EDWARD BYRNE MEMORIAL 8 JUSTICE ASSISTANCE GRANT (JAG) IN THE AMOUNT OF 9 $48,192.00; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the U.S. Department of Justice, Office of Justice Programs has awarded the 13 Police Department a Justice Assistance Grant for the 2023-2024 funding cycle in the amount of 14 $48,192.00; and 15 WHEREAS, the grant funding will allow the Boynton Beach Police Department to 16 enhance the Real Time Crime Center (RTCC) by purchasing and installing consoles and raised 17 flooring; 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 Mayor to sign all 20 documents, subject to approval by the City Attorney, associated with acceptance of the 21 Department of Justice fiscal year 2023 Justice Assistance Grant (JAG) in the amount of 22 $48,192.00 to enhance the Real Time Crime Center (RTCC) by purchasing and installing 23 consoles and raised flooring. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. S:ACA\RESO\Agreements\Grants\DOJ JAG Grant 2023-2024 - Reso.docx 287 29 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 30 authorize the Mayor to sign all documents, subject to approval by the City Attorney, associated 31 with acceptance of the Department of Justice fiscal year 2023 Justice Assistance Grant (JAG) in 32 the amount of $48,192.00 to enhance the Real Time Crime Center (RTCC) by purchasing and 33 installing consoles and raised flooring. A copy of the Grant Agreement is attached hereto and 34 incorporated herein by reference as Exhibit "A". 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 17th day of October, 2023. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ATTEST: 54 55 56 Maylee De Jesus, MPA, MMC 57 City Clerk 58 59 60 (Corporate Seal) 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\Grants\DOJ JAG Grant 2023-2024 - Reso.docx 288 W Consent Agenda 10/17/2023 Proposed Resolution No. R23-151- BJA FY 23 National Sexual Assault Kit Initiative. Requested Action: Approve and authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the FY 2023 National Sexual Assault Kit Initiative for $113,178 subject to the approval of the City Attorney. Explanation of Request: The U.S. Department of Justice, Office of Justice Programs has awarded the Police Department a grant for the 2023-2024 funding cycle in the amount of $113,178. The funding will allow the Boynton Beach Police Department to provide continued investigation and prosecution of cold case sexual assaults through submission of previously unsubmitted sexual assault kits to a laboratory for processing. In addition, funding will be used to enhance their evidence tracking through the purchase of Radio Frequency Identification technology which will help facilitate, standardize, and automate inventory and asset tracking of vital evidence. How will this affect city programs or services? This initiative is critical to enhancing the criminal justice response to sexual assault and ensuring justice for victims. Fiscal Impact: By accepting this award, the police department will receive $113,178 to improve operations and better serve the community. Attachments: R23-151 Resolution accepting and approving the DOJ Sexual Assault Kit Initiative 2023-2024 289 1 RESOLUTION NO. R23-151 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 ACCEPTING THE GRANT AWARD IN THE AMOUNT OF 5 $113,178; APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN ALL DOCUMENTS ASSOCIATED WITH THE 7 ACCEPTANCE AND GRANT AGREEMENT, SUBJECT TO THE 8 APPROVAL OF THE CITY ATTORNEY, FOR THE FY 2023 9 NATIONAL SEXUAL ASSAULT KIT INITIATIVE; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the U.S. Department of Justice, Office of Justice Programs has awarded the 14 Police Department a grant for the 2023- 2024 funding cycle in the amount of $113,178; and 15 WHEREAS, the funding will allow the Boynton Beach Police Department to provide 16 continued investigation and prosecution of cold case sexual assaults through submission of 17 previously unsubmitted sexual assault kits to a laboratory for processing and will be used to 18 enhance evidence tracking through the purchase of Radio Frequency Identification technology 19 which will help facilitate, standardize, and automate inventory and asset tracking of vital 20 evidence; and 21 WHEREAS, upon recommendation of staff, the City Commission has determined that 22 it is in the best interests of the residents of the City to accept the grant award in the amount 23 of $113,178; approve and authorize the Mayor to sign all documents associated with the 24 acceptance and grant agreement, subject to the approval of the City Attorney, for the FY 2023 25 National Sexual Assault Kit Initiative. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 27 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 does hereby accept the grant award in the 32 amount of $113,178. 33 Section 3. The City Commission does hereby approve and authorize the Mayor to S:ACA\RESO\Agreeiuents\Grants\DOJ Sexual Assault Kit Initiative 2023-2024 - Reso.docx 290 34 sign all documents associated with the acceptance and grant agreement, subject to the 35 approval of the City Attorney, for the FY 2023 National Sexual Assault Kit Initiative. A copy of 36 the Grant Agreement is attached hereto and incorporated herein by reference as Exhibit "A". 37 Section 4. This Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this 17th day of October, 2023. 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 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\Agreeiuents\Grants\DOJ Sexual Assault Kit Initiative 2023-2024 - Reso.docx 291 6.N Consent Agenda 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Proposed Resolution No. R23-152- Sponsor agreement for the State Housing Initiatives and Partnership (SHIP) Rapid Re -housing Program with Vita Nova, Inc. Requested Action: Approve and authorize the Mayor to sign Sponsor agreement with Vita Nova, Inc. for the SHIP Rapid Re -housing Program. Explanation of Request: The City of Boynton Beach (City) requested proposals through a Request for Proposal (RFP) process from local nonprofit service providers to operate as the Sponsor organization for City's SHIP Rapid Re -Housing Program (SHIP-RRH Program). The SHIP-RRH Program is funded by the SHIP Program, which provides funds to local government to provide access to affordable housing for eligible community residents. The SHIP-RRH Program objective is to assist individuals who are homeless as defined by F.S. 420.621 (5). This is an individual that lacks a fixed, regular and adequate night time residence. The SHIP-RRH Program was approved by Resolution R23-089, as part of an amendment to the SHIP Local Housing Assistance Plan (LHAP). The goal of SHIP-RRH Program is to assist very -low-income individuals that does not have sufficient available resources to obtain or support existing housing, and no other sources of assistance have been identified. It is for those individuals who are trying to further their employment opportunities, so they can self - sustain after receiving permanent employment, or long-term income such as social security or disability; which will help them maintain their housing for long-term. City staff reached out to those organization serving the homeless community in the City via public notices, email and/or phone call. Some of the organizations reached out were the Lord's Place, Inc., Boynton Beach Faith Based Community Development Corporation, Inc., YWCA of Palm Beach County, Inc., Aid to Victims of Domestic Abuse, Inc., Vita Nova, Inc., Pathways to Prosperity, Inc., and the Homeless and Housing Alliance of Palm Beach County. Two proposals/applications for funding were submitted (one from Boynton Beach Faith Based Community Development Corporation, Inc., and one Vita Nova, Inc.). After carefully reviewing the two applications, City staff is recommending City Commission to fund Vita Nova, Inc. Funding Available for the SHIP-RRH Program: $200,000.00 Applicant Request: $200,000 Staff Recommendation: $200,000 292 Vita Nova, Inc. will provide safe and supporting housing, education, employment and other supportive services to vulnerable youth ages 18-24 who are unhoused or at risk of homelessness in Boynton Beach. Through the Boynton Beach Youth Haven Program, Vita Nova, Inc. will assist underserved youth in our community facing many challenges, finding difficult to escape homelessness and build a stable life. The Boynton Beach Youth Haven Program will help vulnerable youth overcome their challenges and build needed skills for self- sufficiency and a better future. How will this affect city programs or services? The SHIP-RRH Program will assist very - low -income individuals that does not have sufficient available resources to obtain or support existing housing in the City. Fiscal Impact: The City will reimburse Vita Nova, Inc $200,000 for services provided. Attachments: R23-152 Resolution approving Sponsor Agreement with Vita Nova (SHIP) - Reso.pdf Vita Nova, Inc. - Rapid Re -Housing Sponsor Agreement.pdf Vita Nova, Inc. - Application.pdf R23-089 - LHAP Amendment.pdf 293 1 RESOLUTION NO. R23-152 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SPONSOR 6 AGREEMENT WITH VITA NOVA, INC. FOR THE SHIP RAPID RE - 7 HOUSING PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 8 9 10 WHEREAS, The City of Boynton Beach requested proposals through an Request for 11 Proposal (RFP) process from local nonprofit service providers to operate as the Sponsor 12 organization for the City's SHIP Rapid Re -Housing Program (SHIP-RRH Program); and 13 WHEREAS, The SHIP-RRH Program is funded by the SHIP Program, which provides 14 funds to local government to provide access to affordable housing for eligible community 15 residents; and 16 WHEREAS, Vita Nova, Inc. will provide safe and supporting housing, education, 17 employment and other supportive services to vulnerable youth ages 18-24 who are unhoused 18 or at risk of homelessness in Boynton Beach; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 20 recommendation of staff, deems it to be in the best interests of the City residents to approve 21 and authorize the Mayor to sign a Sponsor agreement with Vita Nova, Inc. for the SHIP Rapid 22 Re -housing Program. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission hereby approves and authorizes the Mayor to 29 sign a Sponsor agreement with Vita Nova, Inc. for the SHIP Rapid Re -housing Program. A 30 copy of the Sponsor Agreement is attached hereto and incorporated herein by reference as 31 Exhibit "A." 32 Section 3. This Resolution shall become effective immediately upon passage. S:ACA\RESO\Agreements\Sponsorship Agreement with Vita Nova (SHIP) - Reso.docx 294 33 PASSED AND ADOPTED this 17th day of October, 2023. 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 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\Agreements\Sponsorship Agreement with Vita Nova (SHIP) - Reso.docx 295 22 CITY OF BOYNTON BEACH STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM RAPID RE -HOUSING PROGRAM SPONSOR AGREEMENT FOR SERVICES THIS AGREEMENT is made on this day of between the City of Boynton Beach, a municipal corporation of the State of Florida, whose address is 100 E. Ocean Avenue, Boynton Beach, Fl 33435, (hereinafter referred to as "City") and Vita Nova, Inc., a private non-profit corporation under the laws of Florida, whose corporate headquarters mailing address is 2724 N. Australian Avenue, West Palm Beach, FL 33407, (hereinafter referred to as "Sponsor"). WHEREAS, the City is the recipient of State Housing Initiatives Partnership (SHIP) funds from the State of Florida through the Florida Housing Finance Corporation; and WHEREAS, Rapid Re -Housing subsidy is a housing intervention program that connects families and individuals experiencing homelessness to permanent housing through tailored assistance that may include rental assistance, security deposit and/or utility deposits. WHEREAS, Rapid Re -housing subsidy is an eligible activity under SHIP regulations and the City desires to use SHIP funding for Rapid Re -Housing subsidy to serve individuals, including youth and families meeting the State of Florida definition of homeless or fleeing domestic violence; and WHEREAS, the City is entering into a Sponsor agreement with Vita Nova, Inc., as the agency to manage the City's - SHIP, Rapid Re -Housing Program for the time period described on SECTION 4 of this agreement; and WHEREAS, the Sponsor is a non-profit organization who was selected by the City, and is qualified to perform the various described SHIP Rapid Re- Housing administrative and implementation activities needed for a successful program; and WHEREAS, based upon this agreement the Sponsor, is to perform the services consistent with the terms, conditions and requirements of this agreement, attached hereto and made a binding part hereof, and as further described herein. NOW, THEREFORE in consideration of the mutual covenants and obligations therein contained, including the attachments, and subject to the terms hereinafter stated, the Parties hereto understand and agree as follows: 296 SECTION 1 - RECITALS. The above recitals are true and correct and specifically incorporated herein, forming a material part of the Agreement. SECTION 2 - DEFINITIONS. a) "Administrator" means the SHIP Program Administrator of the City, which shall act on behalf of the City in the funding and programmatic control of this Agreement. b) "Approval by the City" or like term means written approval by the SHIP Administrator, Financial Services Director, City Manager or the City Council as may be required from time to time. C) "Area Median Income (AMI)" is the household income for the median or middle household in the region which is the Palm Beach County statistical area shall mean Program participants must be at or below 50 percent of AMI to be eligible for participation in Rapid Re -Housing activities. d) "Parties" shall mean both the City and the Sponsor. e) "Program" is hereby defined as the SHIP Rapid Re -Housing Strategy and as adopted in the City's 2021-2024 SHIP Local Housing Assistance Plan. f) "Program Participant" means an individual or family with or without children that is eligible to receive SHIP Rapid Re -Housing assistance. g) "Sponsor" shall mean Vita Nova, Inc., with whom this Agreement is entered, and a contract is executed. h) "Calendar days" - All references to days in this Agreement shall mean calendar days. i) "Homeless" is defined by 420.621(5), Florida Statutes, as meaning an individual who lacks a fixed, regular, and adequate nighttime residence and includes an individual who: 1. Is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; 2. Is living in a motel, hotel, travel trailer park, or camping ground due to a lack of alternative adequate accommodations; 3. Is living in an emergency or transitional shelter; 4. Has a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; 5. Is living in a car, park, public space, abandoned building, bus or train station, or similar setting; or 6. Is a migratory individual who qualifies as homeless because he or she is living in circumstances described above. SECTION 3 - SCOPE OF SERVICES. The City engages the services of the Sponsor to undertake the eligible activities outlined in this Agreement and the Attachments hereto (Attachment A - Project Description and Sponsor Responsibilities). SECTION 4 - TERM OF AGREEMENT. This Agreement shall commence upon execution of this agreement and end no later than June 30, 2024, or until all awarded funds have been expended. SECTION 5 - BUDGET. The SHIP Rapid Re -Housing funds shall be used solely for the stated purposes set forth in this Agreement and Attachment B - Project Budget. Project costs shall be paid in accordance with the budget allocations outlined in Attachment B. All costs incurred must be fully documented. In addition, the City may require additional detailed budget breakdown. The Sponsor shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City. Any amendments to the budget must be approved in writing by both parties and be in accordance with the City's Agreement. If the SHIP funds are not expended in accordance with the terms, conditions and time period set forth in this Agreement, or the total amount of SHIP funds exceeds the eligible costs of the activity, the amounts improperly expended will not be eligible for reimbursement. 297 SECTION 6 - PAYMENT. It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed $200,000.00. Request for reimbursements shall be summitted to SHIP Administrator with all expenditures, supported by contracts, invoices, vouchers and other data as appropriate, including any reports required by the City, evidencing costs incurred. Reimbursement of eligible expenses shall be made against the line item budgets specified in Attachment B. herein and in accordance with performance using the Request for Payment form provided as Attachment C. Expenses for general administration (if applicable) shall also be paid against the line item budgets specified in Attachment B and in accordance with performance. Payments may be contingent upon verification of eligible expenses and/or certification of the Sponsor's financial management system in accordance with the standards specified in Florida Statute 215.97, Florida Single Audit Act. SECTION 7 - NOTICES. Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), e-mail, commercial courier, or personal delivery, or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individual (s) in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following representatives: CITY: SPONSOR: Dan Dugger Jeff DeMario City Manager 2724 N. Australian Avenue 100 E. Ocean Avenue West Palm Beach, FL 33407 Boynton Beach, FL 33435 DeM.ario(c ),v targovai,n ....o C7au;gal7(Li)b.fi, ap.S. SECTION 8 - SPONSOR RESPONSIBILITIES. Sponsor will be responsible for carefully assessing a household's need and appropriateness (Including Income Certification) for SHIP Rapid Re -Housing. Program participants receiving assistance must be re-evaluated every 90 days, prior to receiving additional assistance, such assistance shall not exceed $10,000.00 per household. Sponsor is required to submit quarterly status reports on program status and activities by the 15th of each quarter (January 15th. and April 15th.) until the project is completed. If there is no activity for the quarter, the quarterly report should reflect "No Activity". 3. Sponsor will adhere to SHIP regulations regarding eligible activities, eligible program participants, performance reports and administrative costs. 298 Sponsor will ensure that program participants are eligible for participation in SHIP Rapid Re -Housing (i.e., either homeless or at risk of losing housing and meet the Area Median Income (AMI) at or below 50 percent based on household size) Sponsor will ensure that each program participant receives an initial consultation with a case manager (or other authorized representative) who can determine the appropriate type/amount of assistance to meet their needs. Sponsor shall maintain all records that are pertinent to the activities to be funded under this Agreement. Including: documentation in case management files to support income verifications; consultations; etc. Retention of all records pertinent to expenditures incurred under this Agreement must be kept for five (5) years from the date of final payment. Sponsor shall provide the oversight, administration and project management necessary to accomplish all activities in a timely manner. Sponsor is required to comply with all federal, state, local laws and ordinances, as deemed appropriate. SECTION 9 - CITY RESPONSIBILITIES. 1. The City shall provide information regarding requirements for SHIP Rapid Re -Housing as updates and additional information becomes available. 2. The City shall notify the Sponsor of any changes as they become available, in SHIP regulations or program limits that affect the project, including but not limited to income limits, reporting requirements, etc. 3. The City will conduct monitoring visits and site inspections of work completed as grantee and regulatory authority for the project to ensure that the program requirements established by SHIP regulation and subsequent updates are met. The City will provide Sponsor information regarding such monitoring or inspection visits to assist in ensuring compliance. Inspection visits may also include on-site inspection of rental housing where program participants have been placed. 4. The City will review data collected by Sponsor for compliance with SHIP requirements. 5. The City will review Sponsor payment requests and process payment to the Sponsor. Nothing contained herein shall relieve the Sponsor of its responsibilities as provided under this Agreement. SECTION 10 - OTHER REQUIREMENTS. A. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sponsor shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation insurance, as the Sponsor is an independent contractor, except as approved as reimbursable expenses to the Sponsor under this Agreement. B. Hold Harmless The Sponsor agrees to defend, indemnify and hold the City and Florida Housing Finance Corporation harmless from any and all claims, actions, suits, charges and judgments of any nature whatsoever which may arise from the Sponsor's performance or nonperformance of this Agreement. The Sponsor shall not be liable for acts of the City, its officers, agents or employees. Nothing in this paragraph shall be construed as a waiver by the City of its right to statutory sovereign immunity under Florida Statute §768.28. 299 C. Insurance and Bonding The Sponsor shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase blanket fidelity bond covering all employees in an amount equal to reimbursements from the City. The Sponsor shall also provide Workers' Compensation insurance coverage for all of its employees involved in the performance of this Agreement. The Sponsor shall also provide the City, when requested by City staff, a copy of the Certificate of Insurance. D. Amendments The City or Sponsor may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, and signed by a duly authorized representative of each organization, such amendments shall not invalidate this Agreement, nor relieve or release the City or Sponsor from its obligations under this Agreement. The City may, in its discretion, amend this Agreement to conform with Federal, state or local government guidelines: policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City and Sponsor. E. Suspension or Termination of Agreement 1_) With thirty (30) days written notice specifying the effective date, the City may suspend or terminate this Agreement if the Sponsor materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: a) Failure to comply with any of the rules, regulations or provision referred to herein, or such statutes, regulations, executive orders, and SHIP guidelines, policies, or directives as may become applicable at any time; b) Failure, for any reason, of the Sponsor to fulfill in a timely and proper manner its obligations under this Agreement; c) Submission by the Sponsor to the City of reports that are incorrect or incomplete in any material respect; d) Ineffective or improper use of funds provided under this Agreement; e) Failure of the Sponsor to supply the City with reports and annual audits as required by the City herein; f) Failure of the Sponsor to comply with the City's corrective action plan respective to annual independent audits required by the City herein; g) Suspension or termination by the State of the grant to the City under which this Agreement is made, or portion of it delegated by this Agreement; provided, however, that if the grant is merely reduced and in the absence of any contrary State directive, the Sponsor may adjust its budget and recommend Agreement amendments to the City. h) The City may also terminate, assign or transfer this Agreement when required by State direction. 2) The Sponsor may propose to terminate this Agreement in whole or in part for good cause only by giving at least thirty (30) days written notice specifically stating the cause for such requested termination. Any such request for termination shall be subject to the written approval of the City, acted upon by the City within ten (10) days of receipt of the notice of request to terminate. The decision of the City shall be final and conclusive, provided that such approval shall not be unreasonably withheld. 300 SECTION 11 - ADMINISTRATIVE REQUIREMENTS. The Sponsor agrees to comply with the following, as applicable, and all requirements and standards which include but are not limited to the following: A. Financial Management 1) Accounting Standards and Cost Principles The Sponsor agrees to comply with the Rules of the Auditor General Chapter 10.650 (Florida Single Audit Act Audits Nonprofit and For -Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2) Allowable and Allocable Costs Costs must be necessary, reasonable and directly related to the scope of services of this Contract. In addition, costs must be legal and proper. The budget included in Attachment B shall control amount of allowable expenditures. 3) Documentation of Costs All costs shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, or other official documentation evidencing in proper detail the nature and propriety of charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. B. Records- Public Records 1) Records to be Maintained PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is apublic agency subject to Chapter 119, Florida Statutes. The Sponsor shall comply with Florida's Public Records Law. Specifically, the Sponsor 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 the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Sponsor shall destroy all copies of such confidential and exempt records remaining in its possession once the Sponsor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Sponsor shall transfer to the CITY, at no cost to the CITY, all public records in Sponsor's possession All records stored electronically by Sponsor 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. 301 E. IF THE SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FL, 33435 561-742-6060 E ,�c C14"YCL, US, 2) Retention The Sponsor shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the City's annual performance and evaluation report to the State in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. 3) Client Data The Sponsor shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level (based from program year's HUD release income guidelines), third parry verification and other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 4) Disclosure of Client Information The Sponsor understands that client information collected under this contract is private and the use or disclosure of such information is prohibited by Federal law, when not directly connected with the administration of the City's or Sponsor's responsibilities with respect to services provided under this Agreement unless written consent is obtained from such person receiving service and, in the case of a minor, that of a parent/guardian. 5) Program Close -Out The Sponsor's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sponsor has control over SHIP funds, including program income. In the event the Sponsor does not expend the amount allocated under this Agreement or the project is canceled, expired, assigned or terminated for any reason, any funds not claimed by the Sponsor and approved by the City for allowable costs by the end of the term or by the date of 302 cancellation, expiration, or termination of this Agreement, as the case may be, shall no longer be payable to the Sponsor under this Agreement. 6) Access to Records At any time during normal business hours and as often as the City, Florida Housing Finance Corporation and/or the State of Florida may deem necessary, Sponsor shall make available to the City, Florida Housing Finance Corporation and/or representatives of the State of Florida for examination all of its records with respect to all matters covered by this Agreement. Further, the Sponsor shall permit the City, Florida Housing Finance Corporation, and/or representatives of the State of Florida to audit, examine and make excerpts of transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 7) Sponsor Audit Requirements: All Sponsor records with respect to any matters covered by this Agreement shall be made available to the City, and the State of Florida or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Sponsor within 30 days after receipt by the Sponsor. Failure of the Sponsor to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Sponsor hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning Sponsor audits and 2 CFR Part 200. a) A Sponsor that expends $750,000 or more in federal funds is required to have an audit in accordance with 2 CFR Part 200.514. The Sponsor is responsible for submitting a data collection form and reporting package to the federal clearinghouse within nine - months of the end of the audit period. The reporting package must also be submitted to the City. Per 2 CFR Part 200.515, the reporting package consists of: 1. Financial Statements 2. Schedule of Expenditures of Federal Awards 3. Summary Schedule of Prior Audit Findings 4. Auditor's report 5. Corrective Action Plan for current year audit findings b) Sponsors that receive any public funds (federal, state, or local government funds) are also subject to the audit requirements of Florida Statutes. An audit in compliance with 2 CFR Part 200 will meet the audit requirements of the state of Florida. c) All Sponsor audits shall be completed within 180 days after the ending date of the Sponsor's fiscal year. One (1) copy of each audit report shall be delivered by the Sponsor to the City. d) If the Sponsor is unable or unwilling to have an audit conducted in accordance with 2 CFR Part 200, the City shall take one or more of the following actions: 1. Withhold a percentage of State SHIP funds until the applicable audit is completed satisfactorily; 2. Suspend further disbursements of SHIP funds until the audit is conducted; or 303 3. Terminate this Agreement in accordance with Section 10 E. Suspension or Termination of Agreement. SECTION 12 - PARTICIPANT CONDITIONS. A. Civil Rights and Compliance with Federal Laws The Sponsor agrees to comply with Title XLIV, Chapters 760-765, Civil Rights, Florida Statutes and with: 1) Title VI of the Civil Rights Act of 1964 as amended - which provides that no person in the United States shall on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 2) Title VII of the Civil Rights Act of 1968 as amended - which provides for fair housing throughout the United States. Kinds of discrimination prohibited include refusal to sell, rent, or negotiate, or otherwise to make unavailable; discrimination in terms, conditions and privileges; discriminatory advertising; false representation; blockbusting; discrimination in financing; and discrimination in membership in multi -listing services and real estate broker organizations. Discrimination is prohibited on the grounds of race, color, religion, sex and national origin. HUD (and grantees) shall administer programs and activities relating to housing and urban development in a manner affirmatively to further the policies of this Title. 3) Title I of the Housing and Community Development Act of 1974 as amended - which provides that no person in the United States shall on the grounds of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title. 4) Section 504 of the Rehabilitation Act of 1973 - which provides that handicapped individuals may not be excluded from participation in, be denied benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. 5) The Americans with Disabilities Act of 1990 - which provides that no person shall on the basis of handicap, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. 6) The Age Discrimination Act of 1975 - which provides that no person shall on the basis of age, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. 7) Executive Order 1 1063 as amended by Executive Order 12259 - which requires equal opportunity in housing and related facilities provided by federal financial assistance. 8) Executive Order 11246 as amended by Executive Orders 11375, 11478 and 12107 - which prohibits discrimination on the grounds of race, creed, color, sex or national origin in employment under federally assisted construction contracts, as applicable. B. Nondiscrimination The Sponsor agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised in Executive Order I 3279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 304 SECTION 13 - SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION 14 - WAIVER. The City's failure to act with respect to a breach by the Sponsor does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision shall not constitute a waiver of such right or provisions. SECTION 15 - JURY TRIAL, VENUE & ATTORNEY FEES. Venue of all actions shall lie in Palm Beach County, Florida. Each party waives the right to a jury trial. Each party agrees that the prevailing party shall be entitled to reimbursement of reasonable attorney fees, including court costs, from the opposing party. For the purpose of this Agreement, reasonable Attorney fees of the City Attorney shall be based on the fees regularly charged by a private Attorney with an equivalent number of years of professional experience who practices in Palm Beach County, Florida SECTION 16 - ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the City and the Sponsor for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Sponsor with respect to this Agreement. SECTION 17 - APPLICABLE LAW. This law applicable to this Agreement is hereby agreed to be the law of the State of Florida. 305 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. Signature By: Title: City Mavor City of Boynton Beach The forgoing instrument as acknowledged before me on this day of , by He/She is personally known to me or has produced his/her as identification and did/did not take an oath. NOTARY PUBLIC MID ATTEST City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY City of Boynton Beach Attorney's Office 306 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. Signature By: Title: SPONSOR Non -Profit Organization: The forgoing instrument as acknowledged before me on this day of , by He/She is personally known to me or has produced his/her as identification and did/did not take an oath. NOTARY PUBLIC :• ATTEST 307 ATTACHMENT A PROJECT DESCRIPTION AND SPONSOR RESPONSIBILITIES Scope of Work Vita Nova, Inc. will provide safe and supporting housing, education, employment and other supportive services to vulnerable youth ages 18-24 who are unhoused or at risk of homelessness in Boynton Beach. Through the Boynton Beach Youth Haven Program, Vita Nova, Inc. will assist underserved youth in our community facing many challenges, finding difficult to escape homelessness and build a stable life. The Boynton Beach Youth Haven Program will help vulnerable youth overcome their challenges and build needed skills for self-sufficiency and a better future. SPONSOR RESPONSIBILITIES. I . Sponsor will be responsible for carefully assessing a household's need and appropriateness (including Income Certification) for SHIP Rapid Re -Housing. Program participants receiving assistance must be re- evaluated every 90 days, prior to receiving additional assistance, such assistance shall not exceed $10,000.00 per household. 2. Sponsor is required to submit quarterly status reports on program status and activities by the 15th of each quarter (January 15th. and April 15th.) until the project is completed. If there is no activity for the quarter, the quarterly report should reflect "No Activity". 3. Sponsor will adhere to SHIP regulations regarding eligible activities, eligible program participants, performance reports and administrative costs. 4. Sponsor will ensure that program participants are eligible for participation in SHIP Rapid Re -Housing (i.e., either homeless or at risk of losing housing and meet the Area Median Income (AMI) at or below 50 percent based on household size) 5. Sponsor will ensure that each program participant receives an initial consultation with a case manager (or other authorized representative) who can determine the appropriate type/amount of assistance to meet their needs. 6. Sponsor shall maintain all records that are pertinent to the activities to be funded under this Agreement. Including: documentation in case management files to support income verifications; consultations; etc. Retention of all records pertinent to expenditures incurred under this Agreement must be kept for five (5) years from the date of final payment. 7. Sponsor shall provide the oversight, administration and project management necessary to accomplish all activities in a timely manner. Sponsor is required to comply with all federal, state, local laws and ordinances, as deemed appropriate. 308 REVENUE Total Revenue EXPENSES Program Tenant Based Rent Assistance Prevention or Rapid Re -Housing incl. rent, utility and security deposits inspection, surveys, payment processing 10% Administration (Case Management staff partial salary, Housing Coordination, Identifies landlords, outreach to partner agencies) Total Expenses ATTACHMENT B PROJECT BUDGET SHIP Funds OtherProiect Funding 5200,000.00 $54,120.00 $180,000.00 $31,018.00 $20,000.00 $23,102.00 $200,000.00 309 ATTACHMENT C REQUEST FOR PAYMENT SHIP RENTAL ASSISTANCE/RAPID RE -HOUSING PROGRAM APPROVED BUDGET: $200,000.00 DISBURSEMENTS TO DATE: AVAILABLE BALANCE: This Request: Budget Line Item: Program Expense Housing Administration Expense Proj ect Highlights (recommended, not required) Signature of Sponsor Agency Representative & Title Date Signature of SHIP Staff Administrator Date 310 New I,,Jife for Rot riIII YI uu,ow I sl!::; �l It h �'; REQUEST FOR PROPOSAL SHIP Rapid Re -Housing Program 311 New 11 iiia iii Harnieless Yot,i hi Application 312 f r yYlc,,,, -EPR PROPOSAL •O■OA N STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM SHIP RAPID RE -HOUSING PROGRAM Not -For -Profit Subrecipient Application SUBAMSISION toopm to ,,Cilly of B,�� iol�w iii' �i� �w Ie� muo Division .00. East Oji Avenue " Boyntoin Beach,, FZ,, 1334,35 (No applications will be accepted after 5:00 PM on September 29, 2023) Proposals must be complete and responsive. Incomplete or nonresponsive proposals will not be considered. FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON RJ Ramirez Community Improvement Division Manager COMMUNITY IMPROVEMENT DIVISION 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone: 561-742-6359 Email• m° a Irl r rrr lhall�flxs 313 Agency Name:Nita Nova Inc. Project: BoXntan Beach Youth Haven APPLICATION Submit Hard CMA– Dl vital Electronic A hcativn Application is signed and dated. By Director, and Board Chairperson 501(c) (3) is attached (No -For -Profit Status) City of Boynton Beach Business Tax Receipt attached (if applicable). Board Member list. Copy of latest audit. All funding sources for this project identified. ADDITIONAL ATTACHMENTS _ , _ _r" ......... .... �� — _ -_..n...... Attachment Agency Articles of Incorporation, Agency By-laws, and Tax Documents submitted to the Internal Revenue Service (IRS). Attachment 2 Copies of current license(s) needed to operate (as applicable to the funded activity) including City of Boynton Beach Business Tax Receipt (if applicable) Attachment 3 program Documentation of all additional pupnding s iurcesfor rogram s)/project(s) listed in application if applicable) 314 Certifications and Affirmations , ..... , Amit this �..... .,,: ... �. I certifythat I am authorized to sub application on behalf of the applicant ....... . „.m..... ........ agency I affirm that the award and payment of grant funds are subject to the sole and absolute discretion of the City of Boynton Beach City Commission without recourse. By submitting this application, I waive any and all claims related to the City of Boynton Beach SHIP Program and specifically agree to indemnify and hold the City, its employees, officers, agents, and representatives harmless from any and all claims which may be in anyway related to any City of Boynton Beach SHIP Program award, payment, and/or denial. and m rant award amount map be mad pp -yY Y g I acknowledge that, if this rant a lication is a roved, m name m a enc�,.,.._ �� ✓ g _�n,�� . ........_ name, N/ .... if funded, Igaffirm the applicant agency will continue service Cite of Banton�B, „ach operations in the City of ..�, ,Boynton Beach. . ..,.. ... m l I affirm that the tax documents provided in this application are identical to those I have submitted to the Internal Revenue Service. g o approved, that, funds are distributed only-'. .. .......... . .., ......... if this rant is a r��agency�.. I acknowledgeby reimbursament only Pp Y Yreceives may be considered taxable income by the Internal Revenue Service. I acknowledge ......µ-._ ��. - ��... ��, that, if this grant application is approved, the City of Boynton Beach, shall have access to all books, accounts, records, reports, files, and other papers, or property pertaining to the administration, receipt and use of SHIP funds necessary to facilitate such reviews and audits, as applicable. �!IIBa �afor B Program, including supporting documentation, shall be retained hegreater of five years from closeout of the grant to the City, unless there is litigation, claims, audit, negotiation, or other actions involving the records. The records must be retained until completion of the action and resolution of all issues. I acknowledge ....... _ �.... ..."",. ledge that, if this grant application is approved, my agency will be subject to Florida Sunshine Law, FL State Statute 119.0701 Print Full fame: Jeff DeMario Applicant Signature: 1 Title: Chief Executive Officer-,.., Date: Se tember 25, ZQZ3 315 Funding bequest To apply, complete A— F, Attachments 1-3 (if applicable) and any other items requested. Do not include any items that are not requested. Submit a Hard copy and a digital/electronic copy to R! Ramirez Community Improvement Division Manager „ Community Improvement Division, 100 East Ocean Avenue, Boynton Beach, FL 33435 sec 'fid P„ For assistance, please call Community Improvement Division at 561-742-6359. A. GENERAL INFORMATION Name of Applicant: Vita Nova Inc X No -For-profit Unique Entity ID # 65-0298299 Provide copy of your IRS ruling providing tax exempt status under Section 501(c) (3) of the 1986 IRS Code 1 Name of Project: Boynton Beach Youth „Haven 1 Area or Location of Project: Boynton Beach Florida _ 4. Contact Person/Title: Jeff DeMario CEO (Preferably Executive Virector/President/CEG) Email Address: Jdemario vitanovainc.or Mailing Address/Zip: _2724 N Australian Avenue WPB FL 33407 Telephone: 561-427-3996 Fax: 561-689-0806 Additional Contact Person/Title: De ferine Spooner / Director of Grants M (Preferably Person responsible for preparing reimbursements/quarterly reports) Alternate Email Address: DS ooner �itanovainc.or Mailing Address/Zip: 2724 NN Australian Avenues WPB FL 33407 Telephone: 5611427-3996 Fax: 561-689-0806 3 316 5. Amount of Funds Requested for Project:, 200 QQO_, g 1 (if 6. Amount of Matching Funds for Project Match Type: X Cash Other Grants Donations Other Please identify Source of Additional Funding: Vita,,®Nova Inc. SHIP COST: (a) Total SHIP Funds Requested: 200000 W (b) Total Unduplicated Units Served with SHIP Funds 13 (Explain how is determined? Total amount of SHIP Funds divided by Total Number of Unduplicated Units. Average amount of assistance provided per household?) X15,385 .............. TOTAL PROJECT COST INCLUDING OTHER SOURCE OF FUNDING (if any): (a) Total Project: $254120 (b) Total Unduplicated Units Served: 13 (Explain how is determined?) — Based on available resources and contract time period, Direct Program Cost was calculated as follows: Estimated per unit rent cost of $1,500 per month, plus Security Deposit for utility and rent, and last Month rent. Estimated 8 months rent for 6 apartments, 7 months rent for another 6 apartments and 4 months rent for 1 apartment. In addition to the Direct Program Cost, 50% of one Case Manager's salary and benefits along with allocations for office space and utilities were Included. (c) TOTAL Average Cost Per Unit:. $19 54 8. Is this project: X A new service; or A quantifiable increase in the level of an existing service which has been provided through State or Federal government funds in the 12 months Has the applicant received or will receive other Federal, State or local government funds for the proposed project(s) for which the applicant is requesting SHIP funds? Yes X No 4 317 If Yes, what is the funding source? N/A How much? N/A Could this project occur without these funds? Yes X No 10. Will this project continue after SHIP funding ends? X Yes No If Yes, describe how the applicant will guarantee the sustainability of the project/program after SHIP funds have been spent. Vita Nova will actively pursue other funding resources available through local, County or State funding opportunities that provide Rapid Rehousing funds to continue the program. 11. If the organization has operated a Rapid Rehousing program funded through other sources, briefly describe here the source of the funding, the numbers assisted, and the "housing stability rate" achieved. (If no such program has been operated, indicate N/A.) Vita Nova has operated a Transitional Housing to Rapid Rehousing program through HUD funded Youth Homelessness Demonstration Program since 2020 in Palm Beach County. Through the Rapid Rehousing Program, we have served 22 youth per year. Vita Nova has served over 70 youth in Rapid Rehousing since 2020. B. PROPCISD PROJECT: Pro (this description will be us The Boynton Beach Youth Haven Is a housing program forvulnerable youth who are unhoused or at risk of homelessness. Underserved youth in our community face many challenges and find It difficult to escape homelessness and build a stable life. By providing them with access to safe and supportive housing, education, employment, and other support services, the Boynton Beach Youth Haven can help youth ages 1824 overcome their challenges and build skills needed for self-sufficiency and a better future. C. PROJECT SUMMARY The City is responsible for ensuring that SHIP funds are used in accordance with alf SHIP program requirements, that performance and goals will be achieve and that the all funded programs will be in compliance with the Florida SHIP statute (F.S. 420.907-420.9079) and the City of Boynton Beach 2021-2024 Local Housing Assistance Plan (LHAP). Please provide a detailed description of: W 318 1. The scope of services of the proposed project, including a plan of action explaining in detail how the agency will implement the activity (e.g., services provided, intake procedures, collection of required documentation, reimbursement request, progress reports, explain how the program will work with the Continuum of Care (Homeless and Housing Alliance and Coordinated Entry to identify households appropriate for this assistance, etc.). Scope of Work: Vita Nova will connect with youth through outreach and community referrals. Youth will receive a strengths based assessment at intake, and a completed assessment will determine placement on the acuity list through the County's Continuum of Care and Coordinated Entry, in order to identify youth in most need for housing support. Vita Nova will assist youth to obtain the documentation needed to determine eligibility, including assistance with obtaining identification cards and Verification of Homelessness documentation. In Palm Beach County, youth experiencing homelessness are transient. Youth experiencing homelessness are often unsheltered, living in places not fit for living, such as abandoned buildings, storage units, in their cars, and living in parks. There are approximately 627 homeless youth in Palm Beach County and 130+ youth on the acuity list, meaning they are ready and need housing when housing is available. Our youth experience homelessness throughout Palm Beach County. The current system makes tracking the origin of homelessness difficult, as youth often come to intake with no known address. 2. How do you evaluate the overall effectiveness of current or past experience providing Rapid Rehousing Assistance? Rapid Rehousing under a housing first model provides the opportunity to meet youth where they are at with the goal to move them quickly into housing with the goal to make a youth's experience with homelessness rare, brief, and non -reoccurring. Follow up is completed to determine the program's effectiveness for youth sustaining housing. 5. Where will the program take place and is it within the City of Boynton Beach Municipal Boundaries? How many years the program has been in operation? Vita Nova has provided youth housing in West Palm Beach since 2005. Our Rapid Rehousing program can place youth throughout the county, to be able to provide youth a choice in housing options, which will enable youth to obtain housing options near employment, transportation, and other supports necessary for self-sufficiency. 6 319 6. What documentation is collected to verified clients served are Low-income; at or below 30 % of Area Median Income? At intake, verification of income is determined through employment, social security, and other government records to verify income. 7. Are you currently working with other organizations in a cooperative effort on the program (e.g., currently participating in the Homeless and Housing Alliance, using the Homeless Information Management System and Coordinated Entry System)? Please list the other organizations and their role and responsibilities, and how the systems are utilized to coordinate efforts to assist homeless individuals. Vita Nova is an active member in good standing of the Homeless and Housing Alliance, utilizing the Homeless Information Management System and Coordinated Entry System. Vita Nova's Director of Community Services is chair of the Racial Equity Pillar Committee of the Homeless and Housing Alliance, and Vita Nova is active on other Pillar Committees, Vita Nova's services are designed to provide supportive housing combined with supports for education, employment, health and mental health, and life skills. We are the contracted provider for former foster youth through ChildNet, and are a partner agency on the Continuum of Care's Youth Homelessness Demonstration Program (YHDP) through HUD. D. PROJECT BUDGET— SEE ATTACHED Please list applicant's additional funding (if any). Please place C=Cash, 1=1n -Kind, O=Other Grants, D=Donations beside each amount under "Other Project Funds" to denote the type of funds being used. The successful subrecipient will get a maximum of 10% strategy delivery cost of the total Subrecipient award. 7 320 .......... Other (Rent - Allocated Office Space (5% of monthly rent _ ------ $9,482 $9,482 ---- - . ........ of $15,804 for 12 months)) -W,- ................... Other Utilities - Allocated Utilities Cost (S% of monthly __..... i_.. � ..,:. ............ $1,054 $1'i:054 utilities at $1'757 per month for 12 months) PROGRAM: _ Rental Asc15per/mthyouths 8mths l _.. _ ......... rent plus mth Security and mth last rent r each $90,000 $90,000 unit - 6 One Bedroom apts. Rental Assistance @ $1,500 per/mth for 6 youths for 7 mths rent plus 1 mth Security Deposit plus the last mth rent for $81,Q00 $81,000 each unit - 6 One Bedroom apts. ental Assistance @ $1,500 per/mth for 1 youth for 4 mths rent plus 1 mth Security Deposit plus the last mth rent for $9,000 $9,000 each unit - One Bedroom apt. F .:�,,,,.., , , , , ... m., _. - Utility Security Deposit for 13 rental units at $140 per rental - .......... unit $1,820 ...................... $1,820 TOTAL PROGRAM EXPENSE $200,000 $31,018 i $231,018 10% Administrative Fee $23,102 $23,102 TOTAL PROJECT BUDGET $200,000 $54,120 $254,120 Notes: 321 E. APPLICANT INFORMATION (Provide a detail description of each) 1. Capacity of Organization: Is the agency adequately staffed? Number of employees Vita nova is currently staffed at 28 full time positions. Executive Leadership is provided through the CEO, COO, and CFO. Programs are administered through the Senior Leadership Team, who provide direct oversight over all programs and contracts. 2. Will all SHIP funds awarded be maintained in a manner thatthey will be accounted for separately and distinctly from other sources of revenue or funding? Is the applicant's financial management system able to track actual expenditures and outlays with budgeted amounts for each grant or subgrant? Provide a brief description of the applicant's policies and procedures that ensure funds will be tracked appropriately. Yes, Vita Nova maintains Financial Policies and Procedures to maintain tracking of all grant expenditures and outlays. Vita Nova utilizes Quickbooks, and submits appropriate reimbursements and reports for fund distribution and monitoring. 3. Does the applicant have written policies and procedures? How often are these policies and procedures updated? The City of Boynton Beach may request a copy for review during the application and award process or as part of the grant monitoring process. Vita Nova maintains written policies that are updated with a minimum annual review. Our policies and procedures follow the County Rapid Rehousing Policies and Procedures and principles of Housing First. 4. Does the applicant have effective internal controls in place to ensure that SHIP funds are used solely for authorized purposes? Provide a brief description of the applicant's internal controls that will provide reasonable assurance that the award funds will be managed properly. Vita Nova has a Director of Grant Compliance who ensures fiscal administration oversight. The Chief Operating Officer and Program Director provide programmatic oversight of all programs and contracts. F. Conflict of Interest 1. How many members on the Board of Directors? How often do they meet? r Members who rneetin&, 5 8 a yea,. Vita Nova has 13 Boar Me„m,,,,,,,,,timmm . mes ,, 322 2. Is there any member of the applicant's staff, member of the applicant's Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: NA 3. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, or a member of the City Commission? Yes X n, No If yes, please list names: 4. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: NA REPAYMENT: Funding from this grant program is subject to state and local audit. If a determination is made that these grant funds were used in a manner inconsistent with program guidelines, for an ineligible expense or for expenses reimbursed by another federal, state or local grant/loan program then the awarded entity will reimburse the City of Boynton Beach these funds. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award funding. 10 323 The applicant certifies to the best of his/her knowledge and belief that the data in this application is true and correct and that the filing of the application has been duly authorized by the governing body of the applicant (if applicable) and that the applicant will comply with all the requirements of this grant if the application is approved. Marne: Jeff DeMario Signature: l , Title: CEO Name: Michael Branch Signature: Date: _ 9 27"23 Title: Chair, Vita Nova Board of Directors Date: 927 '23 11 324 Nlei,,fv /,\M . ,| \ / ,..y I)ƒ� { ('' ~�� ([ [| Documentation of Funding Sources 325 1�TJ" 1, 1 �y ,/ /L I �iUp ii %� City of Boynton Beach Attn: RJ Ramirez 100 E Ocean Ave Boynton Beach, FL 33435 September 28, 2023 Dear City of Boynton Beach: I am writing to inform you that Vita Nova, Inc. is providing a match of $54,120 for the City of Boynton Beach SHIP Funding. This program provides financial assistance to low - status - homeless youth who are struggling to afford rent in Palm Beach County, and therefor on the streets homeless in Boynton Beach. We believe that the SHIP Funding program is a vital resource for our community, and we are committed to supporting it. We are particularly interested in providing housing for older homeless youth during this spike in the housing market. Vita Nova Inc. is a non-profit organization providing services to older homeless youth in Palm Beach County for nearly 20 years. We offer a variety of services, including housing assistance, employment training, and life skills programs. We are committed to helping older homeless youth to achieve their full potential. We are grateful this opportunity to partner with the City of Boynton Beach. Your support will help to make a difference in the lives of many youth in our community. Sincerely,,,,_ _- _'11 Jeff DeMario u y �r ry� U y y „ y , �prP �� IIS f ~G P� ��I �4,��ff� IY „e Ili I �, lei 2724 . Istiralllllan Ave. -'West IPalm Il eam;;lh, IIFL 33407 - 561.689 03355 iffe flor II� Yautl.11 New ionnrt 1��Ioi�i U e ihm�u qu �n n ' 501(c)(3) Documentation 327 T�] � Dap�rlmant of tha Treasury �1f+ iL'\ In#ernai Revenue Service ATLANTA GA 39901-0001 VITA NOVA INC X JEFF DEMARIO 3111 S DIXIE HWY STE 243 WEST PALM BCN FL 33405-1548 i )00389 In reply refer to: 0752453551 Oct. 01, 2015 LTR 4168C 0 65-0298299 000000 00 00026556 BOUCr TF Employer Identification Number: 65-0298299 Person to Contact: TAX EXEMPT GOVERNMENT ENTITIES Toll Free Telephone Number: 1-877-829-5500 Dear Taxpayer: This is in response to your Sep. 22, 2015, request for Information regarding your tax-exempt status.. Our records indicate that you were recognized as exempt under section 501(c)(3) of the Internal Revenue Code in a determination letter issued in November 1998. Our records also indicate that you are not a private -foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www.irs.gavleo for information regarding filing requirements. Specifically, section 6033(7) of the Code provides that failure to file an annual information return for three consecutive years results' in revocation. --of• tax-exempt status mss. a� the filing due date of the third return for organizations required to file. We will publish a list of organizations whose tax-exempt status was revoked under section 6033(3.) of the Code an our website beginning in early 2011. 328 NewIAV IyI `I {Y IyII� II1� U All II{rIlI,nn4 0 �ml IID r IIIIIIIII �� 4� i�,I �o 111111611111 II`IIID U Mill W� llIIIIIIW III ' IIUAO�' nl6 Board Member Roster 329 ViTo "*IV",, Revised Sept 19, 2023 11 ffe lair III 111amdess YbUthig, All board members are afforded two, 3 -year term appointments to the Vita Nova Board, in accordance with our bylaws Mr. Michael Branch Chair (until October 2024) 954-647-0167 Governance Committee Executive Director - Morse Life First Term Ends September 2023 Expertise: Admin/Mgt/Social Media Dr. Vassilia Binensztok Vice Chair (until October 2024) Vass'WII�IIOMML," 11101I 561-252-3434 Juno Beach Counseling Center Therapist First Term Ends October 2023 Expertise: Healthcare Mr. Jose Coto Coto.Jose@att.net 561-371-3805 Retired Florida Power & Light First Term Ends September 2023 Expertise: Physical Plant Mr. Edward DeVarona Eduardo. Devarona@fpl. cam 305-775-1934 Vice President — Transmission & Substation First Term Ends October 2025 Expertise: Admin Mgt/Strategic Planning Ms. Kathleen Joy kathleen@pbnchamber.com 772-618-0751 Palm Beach North Chamber Director of Community Engagement First Term Ends October 2026 Expertise: Leadership Sarah McKnight nu li�i II .:l ii�u ll�i, �n. II---- ll°u. a irn 561-540-4916 Secretary Assistant Director of Rooms 330 Revised Sept 19, 2023 New III 11fe. fair Harm ele ss'IIV"outiIYu First Term End: October 2026 Mr. Kevin McGann KMCGann@ digitaltargetmarketing. corn 569-797-6870 Founder — Digital Target Marketing First Term Ends October 2025 Expertise: Fundraising Ms. Toby Pina 561-395-0760 Sunshine Health First Term Ends October 2025 Expertise: Healthcare/Social Services Mrs. Kristy Pressly Governance Chair Kristy.Pressly@thebreakers.com 569-653-6639 Corporate Attorney The Breakers Palm Beach Second Term Ends September 2025 Expertise: Law Kathleen N. Spears, MHA, PhD Development Committee Chair �i e.. '.i ...... w',,.....N,"tt ,,,,,rc, oikY 469-877-1390 Humana, Inc. First Term Ends October 2024 Expertise: HealthcarelFundraising 331 New U1'1'1f'1iiE?1 1ID 11 4E? I i4 ATTACHMENT 1 Articles of Incorporation By -Laws 990 Form 332 333 (Requesto s Name) (Address) 300037619693 (Address) (CitylStatelzpf ffbone PICK-UP ❑ WATT" MAIL (MiGess EnRy- Name) (Document Number) Certified Copies Certificates of Status Special Instructions to Filing Officer. Office Use Only 334 FITZGERALD & PORTUONI)o _ — w rA+fTNE R9Nt* tMr'l4glH6 PROMMONAL &55OCrAT1ONS ~ - ATTORNEYS AT LAW 330, MINORCA AVGNVr - - -- MIa4i orsice �uei.(Jemms, Funfsf)n irsufI •5o w .7t:LCFrkQN[QvfafiLrM Ora i. 6r Ita R StR[[7, 9LF.TL 270t r .Mjp73t3Q TiL1:rrx[346Jr1a3 IBM, IMAULEr f LAC/ _• - . •r cr'"'0af (30313'58.17 7 secretary of state Division Of Corporations P. O. BOX 6327 Tallahassee, FL 32J14 Re: Our Client No.: 5382.4 — Rena ssanc_ o hili PALM elf ACtt rL4t4,c A f4e)71 65V CA ]r Coral Gahleb Bear Sir or Madam: Enclosed please find an original and one copy of thQ Articles of Incorporation Of Renaissance Village, Inc,, together with our check in the amount of $122_54. Upon filing of the articles of incorporation, please return to us a certified copy self addressed stamped envelope, in the enclosed US. If you have any questions, please do not hesitate to contact very truly your, Ellie Garcia ` Sec. to J. Patrick FitzgeraldJPff'egfJPFS2/RENAIS. SEC t] t) OCT f 19gr 858 j � � � �� 1 � �` Jr �i••.l �. V r••:•1 335 FILED ARTICLES OF INCORPORATION OF RENAISSANCE VILLAGE, INC. nI CEP N N 1: 2', a Florida not for profit corporation .r.URETArY OF .i f r -- The undersigned, for the purpose of forming a corporation not for profit under Chapter 617 of the Florida Statutes, hereby makes - - subscribes, acknowledges and files the following Articles of _ Incorporation: ARTICLE I - (A) The name of the corporation is Renaissance Village, Inc., - - a Florida not for profit corporation. (B) The existence of the corporation Shall be perpetual and shall commence its existence on the date of filing and assignment of charter number. (C) The principal office of the corporation will lie located --- at 3995 N. Military Trail, Palm Beach Gardens, Florida 334111. (D) The Resident Agent of the corporation is J. Patrick Fitzgerald, Esquire, located at. 338 Minorca Avenue, Coral Gables, Florida 33134. ARTICLE II The purpose for which the corporation is formed and the business and objectives to be carried on and pr^moted by it, are ns follows: - (A) This corporation is organized for the purpose of owning, operating and/or providing education and charitable assistance to - those in need, including but not limited to adolescents. (S) The corporation is irrevocably dedicated to and operated exclusively for non-profit purposes, and no part of the income or assets of the corporation shall be distributed to, nor inure to the benefit of any individual. (C) Notwithstanding any other provision of these Articles of Incorporation the purposes for which the corporation is organized r are exclusively charitable and educational within the meaning of Section 501(c)(3) of the Internal Revenue Code of' 1986 or the corresponding provision of any future United States Internal - Revenue law. - (0) Notwithstanding any other provision of these Articles of Incorporation, this organization shall not carry on any activities not permitted to be carried on by an organization exempt from Federal income tax under Section 501(c)(3) of the I-nternal Revenue -- 336 Code of 1986 or the corresponding provision of any future United States Internal Revenue law. ARTICLE III - - EYCept as limited by these Articles of Incorporation or its Bylaws, the corporation staall- have and exercise all Fights and powers in furtherance of its purposes as and now or ma• hereafterbe conferred on not --for-profit corporations under the 'laws of the State of Florida, including but not limited to the fallowing: (A) To buy, own, sell, convey, assign, mortgage or lease env interest in real estate and personal property, and to construct, maintain and operate improvements thereon necessary or incident to the accomplishment of the purposes set forth in Articles II. (B) To borrow money and issue evidence of indebtednn. in furtherance of any or all of the objectives of its business, antra t. - secure the same by mortgage, pledge or other lien on _he corporation's property. - (C) To do and perform all acts reasonably necessary to accomplish the purposes of the corporation. (D) ,in part of the net earnings of this corporation shall be distribute-'. to or inure to the benefit of any incorporator, member, director, Or other officer of this corporation, contributor or private individual. In the event of dissolution, winding up, or other liquidation of the assets of this corporation, its assets shall be distributed to non-profit and charitable corporations or institutions as shall qualify for exemption under Section 501(c) (3) of the Internal Revenue Service Code of 1986, as amended, and as may be designated by the directors to be used for purposes similar to those of this corporation. (E) Notwithstanding any other provision of these Articles of Incorporation of .incorporation this corporation shall not carry on any other activities not permitted to be carried on 'by (a) a corporation exA•mpt from Federal income tax •snder vection 501(c) (3) of the Internal Revenue Code of 1985 or the corresponding provision of any future United States Internal Revenue Law or (b) a corporation contributions to which are deductible under Section 170(c)(Z) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenua Law. ARTICLE IV The number of directors of the corporation shall be no less than three (3) nor more than Twenty -Five (25) and shall be elected by the members of the corporation from the membership. only 2 337 I members of the corporation may sit as a director. The current directors are set below: Nance Address Reverend Leo F. Armbrust 9995 K. Military Trail _ Palm Beach Gardens, FL 33410 Charles V. BevacTia 9995 N. Military Trail - Palm Beach Gardens, FL 33410 Joseph M. Fleming, Esquire Park Centre, Suite 203 440 Royal Palm Way Palm Beach, Florida 33480 The directors shall serve without comDansatior. Membership in the corporation shall, at all tines, be limited to individuals who subscribe to the purposes of this corporation as contained here. The officers of this corporation as provided by the Bylaws of the corporation, shall be elected by the diractors of the corporation, in the manner therein set out, and shall serve until their successors are elected and have qualified. The directors - shall elect the regular officers of the corporation at the annual meeting for terms of one (1) year. ARTICLE V The affairs of the corporation shall be managed by they President, Vice -President, Secretary, and Treasurer -and such other officers as may from time to time be created by the Bylaws. The secretary and Treasurer may be one and the same person and meed not be a director of the: corporation. other officers must be.directors _ of the corporation. The games and addresses of the officers and the offices they shall hold until the next election -.hereinafter -- provided for shall be: Reverend Leo F. .Xrmbrust Prriident Joseph M. Fleming, Esquire vices_ President Charles V. Devacqua Secretary/Treasurer ARTICLE VI The annual meeting of the Board of Directors govdrhing t1jis corporation shall be held in accordance with the bylaws. 3 e 338 4 ARTICLE VII These Articles of Incorporation may be amended by ea majority voto of the Directors at any regular meeting, or any special meeting culled for that purpose, alter first giving at least ton (10) days notice to the Directors. ARTICLE VIII The Bylaws of the corporation shall be adopted by the Directors and may be amended from time to time by a majority vote of the Directors present and voting at any regular meeting, or airy - special meeting called for that purpose, so long as they area not inconsistent with the provisions of these Articl©n of Incorporation. ARTICLE IX The name and address of the initial incorporator is as follows: Reverend Lao F. Armbrust Diocese of Palle Beach 9995 N. Military Trail -- Palm Beach Cardona, FL 33410 IN P alter, have hereunto act my hand and wsealsas i.ncorForator, this o day of September 1991.. - the tP1 e3ve renO- o A"" rrnb rus - -- STATE OF FLORIDA j J SS: COUNTY OF PALM BEACH) BEFORE M£, the undersigned authority, personally appeared Reverend Leo F. Armbrust, to me well known to be the individun] described in and who, executed the foregoing Articles of Yncorporation of Renaissance villages, Inc., a ridtlda not for profit corporation, and who acknowledged to mei that he executed the same of his fres act and deed. WITNESS my hand and official seal at said county and state this _E,r t►, day nt September, 1991. l A Ii. NOTARY PUBLIC, STATE Or FLORIDA at ;terga My commission expires: 1)TAAr MOLIC STATC (f gUAInA In [owls"10A rip Jt1Nf JJ.J"4 a0N'to 1411 GENERAL INS. 1JW. 4 339 340 341 VITA NOVA, INC. 1. Princival Office, The address for the principal office of VITA NOVA, INC., aFlorida ni o fr-profit corporation (the "Corporation") is such location as shall be determined from time to time the Board of Directors. of 1986, as amended (the "Code") (or any corresponding provisionms of su ceeding law), and the Corporation may engage in only such activities permitted under the laws of the State of Florida and the United States of America as shall constitute activities in furtherance of such exempt charitable, educational, relieious and scientific surly—oses. In furtherance of such N 119r"W-)"hl conduct and maintain activities on its own behalf and it may contribute to or otherwise assist other corporations, organizations and institutions carrying on such activities. The mission of the agency is to help young adults transition to independence by providing a stable, nurturing environment. 1. Comonote —Powers. As a means and incidental to accomplishing the purposes for whi the Corporation was organized, it shall have the following powers, as set forth in its Articles rneorporation and as provided under Florida law: (a) to accept, acquire, receive and hold by bequest, devise, grant, gift, purchas s exchange, lease, transfer, or otherwise, for any of its objects and purposes, any property, both real a personal, of whatever nature or description and wherever situated; 2 Powers in Furtherance of ExqwpLS�. Notwithstanding anything herein to contrary, the Corporation may exercise any and all, but no other, powers as are in furtherance of - exeMyJ_v.UU,oses of organizations set forth in Code sectil of succeeding law) and the Treasury Regulations thereunder as the same now exist, or as they may hereafter amended from time to time. 3. Restrictions on Funds. No or of the income, earnings or assets of the Corporation s inure to the benefit of any person or entity in such a fashion as to constitute an aoDlic,5,,tio:r *f �'# utdq -i� provisions of succeeding law). Reimbursement for expenditures or the payment of reasonab - compensation for services rendered to the Corporation shall not be deemed to be such a prohibit I distribution of income, earnings or assets. 4. Restric-li-on on Dividends. The Corporation shall not pay any dividends. 342 Vita Nova Electronic Vote Board of Directors Thursday, October 17, 2019 October 15, 2019 — Motion made by Scott Murray, Governance Committee — Move to approve Bylaws version 5.1.1, so move. Motion; No second needed coming from the Governance Committee Frank—Yes Anthony—Yes Judy -Yes Mike—Yes Dominick—Yes Scott — Yes Alex—Yes David—Yes Kristy — Yes Brad—Yes Michael B.- Yes Mptiwon: Passed Dmihick Macri Secretary Vita Nova Board of Directors 343 5. Restriction on LicpAdalingj istributions. In the event of the complete or parffltig' liquidation or dissolution of the CoTporation, whether voluntmy or involuntary, no Director or offic shall be entitled to any distribution or division of the Corporation% property or its proceeds, and balance of all money and other property received by the Corporation from any source, after payment of all debts and obligations of the Corporation, shall be used or distributed, as provided law, exclusively to an organization or organizations which themselves are exempt as organizatio described in Code section 501(c)(3) (or any corresponding provisions of succeeding law). 1. Internal Revenue Code References. Reference in this Article or any other Article these By-laws to a section of the Code shall also include any corresponding provisions of succeedi law and the Treasury Regulations thereunder. 2. MaintainiftLENgOM,,Sllltllllalllt,ul"ls",. 71be Corporation shall not exercise in any manner or fa as an exempt organization under Code Section 501(c)(3) (or the corresponding provisions of succeeding 3. Excess Benefit Transaction. The Corporation, during the period it is a public charity a ,e not a "private foundation" as defined in Code section 509(a), shall not engage in any "excess bene transaction," as defined in Code section 4958(c), which would give rise to any liabilitVy for the t imposed by Code section 4958. 4. Prohibited Tax Shelter Transaction. The Corporation shall not become a party to• engage in a prohibited tax shelter transaction as defined in Code section 4965(e), which would gi - rise to any liability for the tax imposed by Code section 4965. 1. Purpose. The general management of the affairs of the Corporation shall be vested in All cLgivorate shall be divided bp or under the authoritip1 he business w.` of the Corporation shall be managed under the direction of the Board of Directors. The Board of Directors shall ensure that the financial resources of the Corporation are used to further the charitable purposes of the Corporation set forth in Article 11. 2 Responsibilities- The Board of Directors collectively detenuine mission, set policies for operations, ensure that charter and bylaw provisions are followed, plan for the institution, approve budgets, establish financial controls and ensure that adequate resources are available to advance the Corporation's mission. Qualification. Directors must be natural persons who are eighteen (18) years of age 1 4. MembffM, It is the goal of this Board, that membership shall include, if possibl individuals who have been part of the population served by the corporation, the foster care system, the foster care system's I relateagencies. d im 344 5. Number of Directors. The initial number of Directors shall be three (3). The number of L JU I of Vita Nova Foundation, Inc. & Duties of Directors. A Director shall discharge his or her duties as a Director, including his or her duties as a member of any committee of the Board of Directors on which such Director may serve, in good -faith, in a manner he or she reasonably believes to be in the best interests of the Co rpnumLon,- and with the care ye, circumstances. In discharging his or her relevant, including the long-term prospects and interests of the Corporation, and the social, economic, legal, or other effects of any action on the part of the Board of Directors. In performing his or her duties, a Director shall be entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by: (a) One or more officers or employees of the Corporation whom the Director reasonably believes to be reliable and competent in the matters presented. (b) Legal counsel, public accountants or other persons as to matters which the Director reasonably believes to be within the persons professional or expert competence, or (c) A committee of the Board of Directors of which he or she is not a member if the Director reasonably believes the committee merits confidence. 7. Director in Good Faith: A Director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted unwarranted. A Director is not liable for any action taken as a Wirector, Or any failure to take any action, if he or she performed the duties of his or her office in compliancewith this section. Director Conflicts of Interest: i4 o ...... ............ c o"'n"tract or other transaction between the Corporation and one or more of its directors or any other corporation, firm, association, or entity in which one or more of its directors are directors or officers or are financially interested, shall be either void or voidable because of such relationship or interest, because such director or directors are present at the meeting of the board or a committee thereof which authorizes, approves, or ratifies such contract or transaction, or because his or her or their vote(s) are counted for such purpose, if (a) The fact of such relationship or interest shall be disclosed in writing to the board or committee prior to a vote which authorizes, approves or ratifies the contract by a vote and (b) the contract or transaction is fair and reasonable to the corporation at the time it is authorized by the board, a committee or the members. Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board or a committee thereof which authorizes, approves, or ratifies such contract or transaction. Provided, however, that notwithstanding the above, no such contract or other transartion shall be entered into if it would adversely affect the status of the corporation as an organization described in Section 5 01 (c)(3) of the Internal Revenue Service Code. Revised 10/17/19 345 9. Election and Term of Directors. Each member of the Board of Directors shall be elected for a term of three years until a successor has been elected. Directors may be re-elected to successive terms, provided that after serving two full consecutive terms or six years, whichever is less, a Director shall not be eligible for re-election until he or she has been off the Board for one year. This provision limiting number of consecutive terms will become effective as of the first fall term commencing after the Y date the i2i =n *'WG 2S additional three (3) year term limit under this section. (a) Tenn Beginnings. The standard term of offices of each Director shall begin October I of the applicable year. L For a new director elected to the board other than in September and beginni service other than in October, the three-year term length will begin on the October 1 follo their election. (b) Term Endings, The term of office of each Director shall end on September 30 of , the applicable year. (c) Election Date. Election for vacant seats on the Board of Directors shall occur at any meeting of the Board of Directors. Officers shall be voted on no later than a September meeting. (d) Vacancies. A vacancy shall be deemed to exist on the Board of Directors in t13 event that the actual number of directors is less than the authorized number for any reason. Vacanci may be filled by the remaining Directors for the -unexpired portion of the term. i 9. Board Member Contributions. Each Board member is expected to contribute financial or more third parties. The if. shall determine an appropriate minimum prior to each election to new term. The Board may waive this requirement in individual cases. 10. Chairman of the Board. The Chairman of the Board shall be elected for a two-year term by the Directors. The Chairman shall preside over all meetings of the Board of Directors. The Chairman shall not vote on Board matters except to break a tie vote. 11. Vice Chair. The Vice Chair of the Board may be elected for a two-year terin by thi Directors. In the absence of the Chairman, the Vice Chairman shall preside over meetings of thi Board of Directors and assist the Chairman in performance of the Chairman's duties. 12 SecEpLM. The Secretary, or designee, shall take and keep the minutes of all meetings the Board of Directors. The Secretary, or designee, shall be custodian of all records and papers of t Corporation except those that pertain to a special committee. The Secretary, or designee, shall recei I wid file all written reports. In the absence of the Secretary, the Chairman may appoint a tempor Secretary. The Secretary shall be efectedannually by I 1e board. h 13. Treasurer. The Treasurer shall oversee the receipt and deposit of all fund nar43 ' in the of the Corporation in a bank approved by the Board of Directors. The Treasurer shall sign checks RD the disbursement of funds with the counter-signaturc of the CEO, when required by the Board Directors. The Treasurer shall maintain the financial records of the Corporation and report on tA 4 346 financial status of the Corporation at all meetings of the Board of Directors_ The books of the Corporation shall be delivered to the Treasurer's successor immediately following the termination of the office and the election of a new Treasurer. The Treasurer shall be elected annually by the board. 14. Contracts Requiring, Approval of Directors. Notwithstanding anything to the contrary herein provided, any contract, check, or obligation being made by Vita Nova Inc., in excess of the sum of Twenty Five Thousand Dollars ($25,000) shall be submitted to the Board of Directors of the Corporation for approval. 15. Meetipgs. Meetings of the Board of Directors shall be held at the principal office of the Corporation or at such other place as may be determined by the Chairman of the Board of Directors. Meetings of the Board of Directors may be called by the Chairman of the Board, or by any two (2) Directors. Written notice shall be given stating the purpose of such meeting, its date, time and place, and shall be either delivered to each member of the Board of Directors or mailed to the last known address of such member at least two (2) days prior to the meeting date. Attendance. a Members of the Board of Directors may participate in a meeting of the Board by means of a conference telephone, videoconference, or similar means that permit all persons participating in the meeting to communicate with one another at the same time, and participation by such means shall constitute the presence in person at a meeting. h Provided that each director must physically, in person, attend a minimum of two board meetings per calendar year. 16 Any director who fails to attend three (3) consecutive Board meetings, a total of five (5) Board meetings within any 24 -month period, or attend in person a minimum of two (2) Board meetings in a calendar year, shall automatically be brought to a vote of the Board for consideration of removal. 17. Waiver of Notice: Notice of any meeting does not have to be provided to any Director who waives such notice requirement either before or after the meeting. M Action Without a Meeting: Anything in these By-laws to the contrary notwithstanding, any action of tine Board of Directors authorized by law can be taken without a meeting so long as every member of the Board of Directors, including the Chairman, provides written or electronic consent describing the action to be taken. Said consent can be evidenced in the written action. Such consent may be executed in any number of counterparts and all such counterparts shall be construed together and shall constitute a single document. Facsimile signatures of such consent shall be deemed originals for purposes of this Section. Said consent can also be evidenced by electronic mail, provided that such electronic mail clearly and conspicuously describes such action and identifies the consenting Director. Such action shall not be effective until every member of the Board of Directors signs the consent or consents to such action by electronic mail, unless the consent specifies a different effective date. The effect of such vote shall be the same as if the issue was presented before the Board of Directors at a duly noticed meeting, at which a quorum exists, and voted thereon and may be described as such in any record or document. 17. Quorum Voting. A majority of the members of the Board of Directors shall constitute a quorum for the transaction of business. The affirmative act of a majority of the Directors present at a meeting at which a quorum exists shall be considered the act of the Board of Directors at any meeting Revised 10/17/19 347 I& Resignation of Directors. Any Director may resign at any time by giving written notice of such resignation to the Board of Directors or its Chairman. The effective date of such resignation shall be set forth in the written resignation, and if not, it shall be effective upon the Board of Directors' or Chairinan's receipt of such resignation. 19. Removal of Directors. At a meeting of the Board of Directors called for the purpose of removing one or more Directors may be removed, with or without cause, at any time by a vote of at least two-thirds (2/3) of the members of the Board of Directors. Such removal shall be in writing and delivered to the removed Director. Upon receipt of such notice, it shall become effective and such removed Director shall immediately take all additional actions which are reasonably requested by the Board of Directors to effectuate such persons removal as a Director of the Corporation. 20. Vacancies on Board. Any vacancy occurring on the Board of Directors, including a vacancy resulting from an increase in number of Directors, may be filled by the affirmative vote of a majority of the remaining Directors, though less than a quorum of the Board of Directors. A vacancy AO 22- Qq §ation of Directors. The Directors of the Corporation shall receive no compensation for their services. 23. Liabilily. The Directors of the Corporation shall not be personally liable for tf Corporation's debts, liabilities, or other obligations. 24. Committees. (a) The Board of Directors, by -resolution adopted by a majority of the Board Directors, may designate one or more committees each of which shall have the powers provided i such resolution and/or these By-laws, except that no committee shall have the authority to: • Approve actions or proposals required by law to be approved by the Board of Directors; • Fill vacancies on the Board of Directors or any committee thereof; • Adopt, amend or repeal the By-laws; • Amend or repeal any resolution of the Board; or • Act on matters committed by the By-laws or resolution of the Board to anotth( committee or the Board of Directors. The provisions of these By-laws governing meetings, notice, quorum and voting requiremen of the Board of Directors shall also apply to committees and their members. Unless otherwise specified, the chairman and members of all committees shall be appointe by and may be removed by the Board of Directors. The chairman of each committee shall have tI. ability to limit committee membership of that committee to members of the Board of Directors. A committees shall be responsible to the Board unless otherwise provided. Unless otherwise specified by Board resolution, committee members shall be appointed for term of two (2) years and shall serve until the end of such period or until the member's success( is appointed, unless the member sooner resigns or is removed from the committee. M 348 A majority of the members of the Board of Directors may remove any committee member without cause. The Board shall fill all vacancies for any unexpired term of the original members, or until such time as a successor is, or successors are, appointed. 25. Executive Committee. The Board shall establish an Executive Committee, which shall consist of the Chairman, Vice Chairman, Treasurer, Secretary, and CEO (ex -officio). The Executive Committee shall perform such duties as the Board may from time to time direct. The Executive Committee shall meet as often as necessary to accomplish its duties and objectives as set forth herein. 26. Finance Committee, The Board shall establish a Finance Committee. The Finance Committee, shall, along with the treasurer of the Corporation, i Participate in the preparation of and periodically review the annual operating budget of the Corporation and present a balanced operating budget to the Board for review and approval not less than thirty days prior to the first day of each fiscal year. i Advise and assist the Board on matters relating to the Corporation's investments, including the engagement of one or more investment or portfolio managers who shall have the authority to invest, manage, or control the Corporation's investments subject to the terms of their engagement, and to restrictions and specifications therein, and present to the Board, at least annually, such information as may be deemed appropriate and necessary to accurately determine the current and future financial conditions of the Corporation. 27. Governance Committee,. The Board shall establish a Governance Committee which shall consist of members who shall, when necessary: i. Seek additional board members and conduct board member elections ii. Seek committee members and recommend their appointment iii. Periodically review the corporation's By Laws, and when necessary, propose amendments andlor changes to the corporation By Laws iv. Monitor and review the performance of the Board and its adherence to the requirements of the By Laws 28. Development Committee. The Board shall establish a Development Committee which , shall: i. Develop and implement a plan to raise the funds necessary for the Corporation to meet operational goals ii. Develop and implement a plan regarding the expectation for financial contributions from all members of the Board 29 Ad Hoc Committee. From time to time, the Chairman may appoint Ad Hoc Committees to address matters requiring the attention of the Board. 30. Advisor °Councils The Board may establish one or more Advisory Councils with such purpose or purposes as it may deem appropriate and may appoint such members as it deems appropriate. ARTICLE VI1 CHIEF EXECUTIVE OFFICER 1. Hiring, Firing and Evaluating, Revised 10/17/19 7 349 a. A Chief Executive Officer (CEO) with such powers and duties not inconsistent with these By-laws may be appointed and determined by the Board of Directors from time to time. b. The Board of Directors also retains the authority to dismiss the CEO at its discretion. c. It is the responsibility of the Board of Directors to perform an annual performance review or evaluation of the CEO. 2. Dele. Amihqdb��!, a. Eoard of Directors delegates to the CEO the authority to supervise and control the affairs of the Corporation. The CEO shall have the power to execute all contracts and any other agreements or instruments on behalf of the Corporation which are approved by the Board of Directors. The CEO shall have and perform such other duties as may be delegated to him by the Board of Directors. b. Except as otherwise provided by the Board of Directors, the CEO and/or the Treasurer shall sign checks for the disbursement of funds with the countersignature, if and when required, of another authorized officer of the Corporation. c. The CEO shall have exclusive authority to i. Employ and discharge all members of the staff as necessary to carry on the work of the Corporation; ii. Establish salaries within the approved budget; iii. Define the duties of the staff, supervise their performance; and Delegate management responsibilities as shall, in his or her best judgment, be in the best interest of the Corporation. d. The CEO shall participate in conjunction with the Board in creating strategic plans for the organization. 1. QqMQ01g, Records. The Secretary of theCorpoI ration shall maintain the records minutes of all meetings of the Board of Directors, all actions of the Board of taken without meeting, and all actions taken by a committee of the Board of Directors. Directors 2. AccoMfigp. The Treasurer shall maintain accurate accounting records for all corporate transactions. 3. ReedwwwDocurnents. The Corporation shall maintain the following records at its principal office: (a) the Articles of Incorporation, and any amendments thereto; (b) the By-laws, and any amendments thereto; (c) minutes from all Board of Directors meetings and actions taken without rneetings; (d) the financial statements for the Corporation for the last five (5) years; (e) the names and addresses of all Directors of the Corporation; a copy of the most recent annual report filed with the Secretary of State of Florida; and (g) any and all other documents which the Chainnan may direct or the Board of Directors may require. ARTICLE IX — AMENDMENT OF ]BY-LAWS � I "INIVIRIP! 350 URVIOX 11191 -TU NVIL Wee, 1.-PoLsIrdllt to Ile Wrins IN Luichc ny-lwlys. nonce -71 -tic P711110,50N MI'Mige N11511 be mailed to each Director at his or her last known address at least ten (10) days •prior to the time and date of the meeting which is to consider and vote on such change or amendment unless such Director waives the notice requirement. Upon approval and ratification of such amendment to the By-laws of the Corporation by the Directors as above set forth, the Board of Directors shall thereupon proceed to prepare such amendment and see to the filing of any appropriate document with the proper governmental authority. Copies of such revised and amended By-laws shall be given to any Director upon request. ARTICLE X — FISCAL YEAR The Fiscal Year of the Corporation shall commence on the I st day of October and terminate on the 30th day of September. 4-T.T 11 5: IN 11, PUN it 111CUU2T 1911 UIC L-4w1irautp who is or was an officer, agent or employee of the Corporation and as to whom the Corporation has agreed to grant such indemnity hereunder, or (3) who is or was serving at the request of the Corporation as its representative in the position of a director, officer, trustee, partner, agent, or employee of another corporation, partnership, joint venture, trust or other enterprise and as to whom theCo •oration has awee d to grani such indew-divfereii-rdeT_ be i-dew-cified %)v fte Citruix,86,01ru MiCT.14Mo WiT44—JoHitTo NUMMUT41 0 VI 11MAIMIN e.Telffil 0 1111 11f;sM RTUM P1 USTIWITO ANIA I is hVra i I Wo mit I W[o -m-, t• the legislation or decision), against all fines, liabilities, settlements, losses, damages, costs and expenses, including attorney's fees, asserted against him or incurred by him in his capacity as such director, officer, trustee, partner, agent, employee or representative, or arising out of his status as such director, officer, trustee, partner, agent, employee or representative. The foregoing right of indemnification shall not be exclusive of other riots to which those seeking, indemnification in be entitled. The maintain i - -• _II cost or expense, including attorney fees, whether or not the Corporation would have the legal power to directly indemnify him against such liability. vote, decision, or failure to take an action, regarding organizational management or policy by an officer or director, unless: ;Jq�111!!1111 351 A transaction from which the officer or director derived an improper personal benefit, directly or indirectly; or Recklessness or an act or omission that was committed in bad faith or with malicious [i l; or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Definitions herein and the indemnification provisions hereunder shall have the meaning given to them under Florida 617.0834, as may be amended from time to time Sjgflon I - Advances, Costs, charges and expenses (including attorney fees), incurred by a person referred to in Section I of this Article in defending a civil or criminal suit, action or proceeding may be paid (and, in the case of directors of the Corporation, shall be paid) by the Corporation in advance of the final disposition thereof upon receipt of an undertaking to repay all amounts advanced if it is ultimately determined that the person isnot entitled by this Article, and upon satisfaction of other conditions established from time to time by the board of directors or required by current or future legislation (but, with respect to future legislation, only to the extent that it provides conditions less burdensome than those previously provided). Su -tion 3 - Sayings, If this Article or any portion of it is invalidated on any grounds by a court of competent jurisdiction, the Corporation nevertheless indemnifies each director of the Corporation to the fullest extent -germitted "- gjL-tortions of this Article that has not been invalidated and-ImpAmblim, extent permitted by law. ARTICLE XII- CONTRACTS, CHECKS, DEPOSITS I . Contracts. The Board of Directors may authorize the CEO of the Corporation to enter into any contract or to execute and deliver any instrument or document on behalf of the Corporation, which authority may be general or specific. Unless so authorized, no agent or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. 2. D2posits. All funds received by the Corporation shall be deposited in such it or other depositories as may be approved and authorized by the Board of Directors. For all meetings and matters not specifically covered by these Bylaws, the Board shall endeav to make decisions by consensus. If the board is unable to reach consensus, they may call for a majorij vote as a last resort. I certify that I am the duly elected and acting Secretary of is Nova, Inc-, a Florida nonprofit corporation; that these Bylaws, consisting of 10 pages, are the Bylaws of this Corporation as adopted by the Board of Directors on October 17, 2019; and that these Bylaws have not been amended or modified since that date. Executed at West Palm each, Florida. Domenick Macri, Secretary I RAM 9 utwi E Iff 352 353 �`��I" ` ife { ��u� DiuIIIul Ili I��I�� nlfOr" ROM111(nI, �'��IW�. I��Ilil II Ib III IIWW'�I II lo,lniVu YuwIID A11W uumdU" '��I Audited Financial Statement 354 355 VITA NOVA, INC. REPORT ON AUDIT OF CONSOLIDATED FINANCIAL STATEMENTS For the Year Ended September 30, 2022 (with comparable totals for 2021) 356 TABLE OF CONTENTS PAGE INDEPENDENT AUDITOR'S REPORT 1-3 CONSOLIDATED FINANCIAL STATEMENTS Consolidated Statement of Financial Position 4 Consolidated Statement of Activities 5 Consolidated Statement of Cash Flows 6-7 Consolidated Statement of Functional Expenses 8-9 NOTES TO CONSOLIDATED FINANCIAL STATEMENTS 10-20 INTERNAL ACCOUNTING AND ADMINISTRATIVE CONTROL AND COMPLIANCE Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 21-22 Independent Auditor's Report on Compliance for Each Major Program and on Internal Control over Compliance required by the Uniform Guidance 23-25 Schedule of Findings and Questioned Costs 26-27 SUPPLEMENTARY INFORMATION Schedule of Expenditures of Federal Awards 28 Notes to Schedule of Expenditures of Federal Awards 29 Consolidating Statement of Financial Position 30 Consolidating Statement of Activities 31 357 Holyfield & Thomas, LLC Certified Public Accountants & Advisors. 125 Butler Street a West Palm each, FL 33407 (561) 689-6000,& Fax (561) 689-6001 * ynww .............. ruinu INDEPENDENT AUDITOR'S REPORT WITPrort, We have audited the accompanying consolidated financial statements of Vita Nova, Inc. (a not-for-profit corporation), which comprise the consolidated statement of financial position as of September 30, 2022, and the related consolidated statements of actives, cash flows, and functional expenses for the year then ended, and the related notes to the consolidated financial statements. In our opinion, the consolidated financial statements present fairly, in all material respects, the consolidated financial position of Vita Nova, Inc. as of September 30, 2022, and the consolidated changes in its net assets and its cash flows for the year then ended in accordance with accounting ��rinciples generally accepted in the United States of America. 1I'e conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Govemment Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of Vita Nova, Inc. and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Management is responsible for the preparation and fair presentation of the financial statements in !2ccordance with accounting principles generally accepted in the United States of America, and for the -iesign, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. IS -11 OWED] Z 0 1.1%wilwo W001111011011 conunle as a going concern un beissued. 358 Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Vita Nova, Inc.'s internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Vita Nova, Inc.'s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control -related matters that we identified during the audit. Supplementary Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The accompanying schedule of expenditures of federal awards, as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, is presented for purposes of additional analysis and is not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial 359 statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated, in all material respects, in relation to the financial statements as a whole. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated May 24, 2023, on our consideration of Vita Nova, Inc.'s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of Vita Nova, Inc.'s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Vita Nova, Inc.'s internal control over financial reporting and compliance. Report on Summarized Comparative Information We have previously audited Vita Nova, Inc.'s 2021 financial statements, and we expressed an unmodified audit opinion on those audited financial statements in our report dated April 21, 2022. In our opinion, the summarized comparative information presented herein as of and for the year ended September 30, 2021, is consistent, in all material respects, with the audited financial statements from which it has been derived. West Palm Beach, Florida May 24, 2023 360 VITA NOVA, INC. CONSOLIDATED STATEMENT OF FINANCIAL POSITION As of September 30, 2022 (with comparable totals for 2021) See accompanying notes to consolidated financial statements. -4- 361 Without Donor With Donor 2022 2021 Restictions Restrictions Total Total ASSETS Cash and cash equivalents $ 350,516 $ 274,564 $ 625,080 $ 904,944 Investments 840,300 - 840,300 1,000,668 Grants receivable 111,424 - 111,424 139,481 Other receivable - - - 10,081 Prepaid expenses 27,974 - 27,974 42,132 Total current assets 1,330,214 274,564 1,604,778 2,097,306 Investments, in endowments 4,696,192 - 4,696,192 6,061,526 Deposits 34,247 - 34,247 30,139 Property and equipment, net 3,030,494 - 3,030,494 2,818,270 Total assets $ 9,091,147 $ 274,564 $ 9,365,711 $11,007,241 LIABILITIES AND NET ASSETS Liabilities: Accounts payable $ 20,951 $ - $ 20,951 $ 11,520 Accrued expenses 116,822 - 116,822 85,223 Other current liabilities 24,562 - 24,562 33,414 Refundable advance 5,000 - 5,000 4,839 Current portion of note payable 5,225 - 5,225 4,727 Total current liabilities 172,560 - 172,560 139,723 Note payable 26,275 - 26,275 31,540 Total liabilities 198,835 - 198,835 171,263 Net assets: Without donor restrictions 8,892,312 - 8,892,312 10,531,163 With donor restrictions - 274,564 274,564 304,815 Total net assets 8,892,312 274,564 9,166,876 10,835,978 Total liabilities and net assets $ 9,091,147 $ 274,564 $ 9,365,711 $ 11,007,241 See accompanying notes to consolidated financial statements. -4- 361 VITA NOVA, INC. CONSOLIDATED STATEMENT OF ACTIVITIES For the Year Ended September 30, 2022 {with comparable totals for 2021 See accompanying notes to consolidated financial statements. -5- 362 Without Donor With Donor 2022 2021 Restrictions Restrictions Total Total Revenues and support: Grants: Governmental $ 1,866,177 $ - $ 1,866,177 $ 1,333,173 Foundation 885,877 - 885,877 912,389 Contributions 86,885 - 86,885 129,498 Thrift store sales - - - 2,878 Special events 155,244 - 155,244 9,598 Client service fees 28,477 - 28,477 14,357 In-kind support - - - 5,000 Realized and change in unrealized (loss) gain (1,389,625) - (1,389,625) 902,648 Investment income, net 150,115 - 150,115 98,906 Paycheck Protection Program (PPP) - - 210,602 Total revenues and support 1,783,150 - 1,783,150 3,619,049 Net assets released from restriction 30,251 (30,251) - - Expenses: Program services: the Spot 1,687,886 - 1,687,886 1,205,459 Thrift store - - - 66,117 Village 547,664 - 547,664 485,546 Independent Living 467,043 - 467,043 438,394 Total program services 2,702,593 - 2,702,593 2,195,516 Supporting services: Management and general 526,813 - 526,813 495,190 Fundraising 222,846 - 222,846 157,795 Total expenses 3,452,252 - 3,452,252 2,848,501 Gain on disposal of fixed assets - - - 141,234 Change in net assets (1,638,851) (30,251) (1,669,102) 911,782 Net assets, beginning of year 10,531,163 304,815 10,835,978 9,924,196 Net assets, end of year $ 8,892,312 $ 274,564 $ 9,166,876 $ 10,835,978 See accompanying notes to consolidated financial statements. -5- 362 VITA NOVA, INC. CONSOLIDATED STATEMENT OF CASH FLOWS For the Year Ended September 30, 2022 (with comparable totals for 2021) Cash flows from operating activities: Cash received from grants Cash received from client service fees Cash received from thrift store sales Cash received from contributions Cash paid to vendors and employees Investment income, net Interest paid Net cash provided by (used in) operating activities Cash flows from investing activities: Purchase of investments Sales/maturities of investments Proceeds from sale of thrift store, net Purchase of property and equipment Net cash provided by (used in) investing activities Cash flows from financing activities: Payments on vehicle loans Net cash provided by (used in) financing activities Change in cash and cash equivalents Cash and cash equivalents, beginning of year Cash and cash equivalents, end of year Supplemental cash flow information: Noncash investing and financing transactions: Vehicle acquired with note payable 2022 $ 2,780,111 28,477 252,371 (3,247,596) 150,115 (4,142) (40,664) (16,807) 152,884 (370,510) (234,433) (4,767) (4,767) (279,864) 904,944 $ 625,080 See accompanying notes to consolidated financial statements. 52 2021 $ 2,255,694 14,357 2,878 134,324 (2,720,076) 98,906 (214,223) (1,000,668) 414,933 1,140,443 (708,979) (154,271) (373) (373 (368,867) 1,273, 811 $ 904,944 $ 41,640 363 VITA NOVA, INC. CONSOLIDATED STATEMENT OF CASH FLOWS For the Year Ended September 30, 2022 (with comparable totals for 2029) 2022 2021 Reconciliation of change in net assets to net cash provided by (used in) operating activities: Change in net assets $ (1,669,102) $ 911,782 Adjustment to reconcile change in net assets to net cash provided by (used in) operating activities: Depreciation expense 158,286 150,436 In-kind contribution of capital assets - (5,000) Realized and change in unrealized loss (gain) 1,389,625 (902,648) Gain on disposal of fixed assets - (141,234) Paycheck Protection Program (PPP) - (210,602) (Increase) decrease in certain assets: Grants receivable 28,057 10,132 Other receivables 10,081 (6,282) Prepaid expenses 14,158 (21,175) Deposits (4,108) (6,300) Increase (decrease) in certain liabilities: Accounts payable 9,431 (3,785) Accrued expenses 31,599 11,027 Other current liabilities (8,852) (2,083) Refundable advance 161 1,509 Net cash provided by (used in) operating activities $ (40,664) $ (214,223) See accompanying notes to consolidated financial statements. -7- 364 VITA NOVA, INC. For the Year Ended September 30, 2022 See accompanying notes to consolidated financial statements. w 365 Program Services Independent the Spot Village Living Total Salary and related costs $ 663,075 $ 174,634 $ 291,087 $ 1,128,796 Payroll taxes 51,077 13,402 24,607 89,086 Other employment benefits 115,079 26,794 46,087 187,960 829,231 214,830 361,781 1,405,842 Advertising 4,435 626 739 5,800 Bank charges and merchant fees - 283 - 283 Computer services 15,017 4,050 6,131 25,198 Conferences, conventions, and meetings 5,675 314 1,728 7,717 Contract labor ------------------------------------------------------- ------- 24,533----------------6,250 ----------------9,700---------------40,483- Copying and printing 974 582 208 1,764 Dues, books, and subscriptions 1,496 297 1,416 3,209 Equipment rental 12,305 6,794 5,521 24,620 Gifts and volunteer appreciation 224 69 45 338 Insurance - 25,753 ---- 26,510 - 8,261 - 60,524 Interest 4,142 - - 4,142 Miscellaneous 3,324 747 372 4,443 Office supplies 22,426 5,640 1,119 29,185 Postage and shipping 407 91 141 639 -Professional fees --------------------- -------------------------- -- ------ 30,056--- -- 8,754- --------- - --------12,018 -------------------------- 50,828 Rent 235,900 75,087 33,720 344,707 Repairs and maintenance 21,444 38,326 4,073 63,843 Resident assistance 386,528 12,837 7,426 406,791 Special event supplies 1,171 31 9 1,211 Staff development ---------------------- -------------------------------------------- 931-----------------1.690 ------------------ 294 ------------ - ------- 2,915- Storage 1,548 3,351 950 5,849 Taxes and licenses 15 2,054 145 2,214 Telephone, internet, and television 18,038 10,286 5,524 33,848 Travel 5,015 578 766 6,359 Utilities 22,700 47,495 4,764 74,959 Total expenses before depreciation 1,673,288 467,572 466,851 2,607,711 Depreciation 14,598 80,092 192 94,882 Total expenses $ 1,687,886 $ 547,664 $ 467,043 $ 2,702,593 See accompanying notes to consolidated financial statements. w 365 CONSOLIDATED STATEMENT OF FUNCTIONAL EXPENSES See accompanying notes to consolidated financial statements, w 366 (with comparable totals for 2021) Supporting Services Management 2022 2021 and General Fundraising Total Total $ 345,084 $ 93,584 $ 1,567,464 $ 1,423,125 27,066 7,291 123,443 106,651 12,219 13,050 213,229 190,374 384,369 113,925 1,904,136 1,720,150 685 5,944 12,429 19,745 1,166 5,210 6,659 3,537 2,266 1,461 28,925 22,224 7,621 3,647 18,985 6,680 5,473 2,279 48,235 33,091 329 9,869 11,962 11,850 1,597 1,771 6,577 5,196 (5,011) 1,199 20,808 32,549 2,429 1,157 3,924 5,157 7,333 ------------------------------------------------------------------------------------------------- 1,941 69,798 63,919 - - 4,142 306 5,603 898 10,944 6,448 5,410 1,481 36,076 31,808 562 92 1,293 2,291 11,099 2,731 64,658 69,103 9,442 8,093 362,242 274,518 4,460 2,213 70,516 62,698 418 47 407,256 172,252 100 51,589 52,900 6,454 76 1,975 4,966 8,801 3,361 118 9,328 6,265 680 2 2,896 8,910 3,734 1,141 38,723 37,210 9,025 2,768 18,152 15,288 1,334 1,143 77,436 71,615 463,561 222,694 3,293,966 2,698,065 63,252 152 158,286 150,436 $ 526,813 $ 222,846 $ 3,452,252 $ 2,848,501 See accompanying notes to consolidated financial statements, w 366 VITA NOVA, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS For the Year Ended Se (ember 30, 2022 !. Summa of Si nificant Accounting Policies Organization and Purpose Vita Nova, Inc. (Vita Nova) was incorporated under the laws of the State of Florida on September 19, 1991 as a not-for-profit corporation for the purpose of owning, operating, and/or providing programs and services to older foster youth in Palm Beach County. These programs and services help lead these young adults to self-sufficiency. Up until June 2020 Vita Nova operated a resale thrift store; the revenues and support are included on the consolidated statement of activities. In addition, Vita Nova maintains three buildings for the purpose of operating a youth independence program. Vita Nova may solicit funds, contributions and gifts of any kind, and accept any gift, device, bequest and property of any kind, subject to its own internal donation acceptance policy. Vita Nova's mission is to help young adults' transition to independence by providing a stable, nurturing environment that includes housing, counseling, and education. To achieve its mission, Vita Nova provides various programs contracted through federal, state, county, and private grants. Vita Nova is committed to being the following: • A premier provider of quality services related to supporting youth transitioning from foster care to independence. • Recognized as a leader and partner, connecting and networking with community groups to respond to the needs of its target population. The State of Florida has laws that govern preparing a youth for aging out of the foster care system. These laws are called independent living services and they exist to help a youth learn the skills and the resources they will need prior to leaving the child welfare system. Vita Nova has been awarded a contract from the lead agency in the State of Florida to coordinate these services for youth and young adults. There are approximately 500 young people from Palm Beach County eligible for these services and Vita Nova's independent services team provides a level of care and preparation to help our young adults learn the skills they need to be successful self-sufficient adults. Brief descriptions of Vita Nova's significant programs are as follows: • the Spot is a drop-in center program for homeless youth, or those at risk of homelessness. It is the first drop-in center of its kind in Palm Beach County, and provides education, employment, vocational and health related resources, as well as access to stable housing for young adults, ages 18-25 years old either formerly from foster care or community youth. This year three new programs were added under the Spot umbrella: o YHDP Diversion is the Youth Homeless Demonstration Program to provide Diversion services to youth at risk of homelessness funded by US Housing and Urban Development (HUD). The Diversion program serves youth ages 18-24, to specifically reduce the number of youth entering shelter, reduce the length of time youth are homeless, and provide support to stabilize the youth with their current family or supportive adult. Services include intake and assessment, community referrals and linkages, financial support, and outreach services. o YHDP TH-RR is the Demonstration Program to provide Transitional Housing and Rapid Rehousing to homeless youth ages 18-24 also funded by HUD. The program provides youth with transitional housing for up to 90 days to stabilize the youth and work with them to assist in identifying their own apartments, negotiating with landlords, and moving into their own apartments under Rapid Rehousing that provides rental and utility assistance up to 18 months. -10- 367 VITA NOVA, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS For the Year Ended Se tember 30, 2022 9, Summa of Si AnificantAccounting Policies continued o ESG-CV is the Emergency Shelter Grant under the CARES Act for those impacted by COVID funded by Palm Beach County Board of County Commissioners. The program provides short-term and medium-term rental assistance to prevent homelessness to individuals and families earning 50% or less of the Average Median Income in Palm Beach County. The program pays for past due rent and utility payments as well as rental assistance to keep individuals and families stably housed. • Vita Nova Thrift Store was the store front business selling gently used items to help bring more awareness in the community about the challenges related to older foster youth who grow up without healthy families. As of June 2020, the thrift store was closed as it no longer fits into Vita Nova's strategic plan, and the Organization sold the building during the prior fiscal year. • The Vita Nova Village is a program to fill many gaps in services related to youth who age out of their foster home, group homes or adoptive placements and have nowhere to turn. This residential program has capacity for 28 young adults ages 18-25 years old; often these youth need a great deal of help becoming stable with the most common tasks and Vita Nova provides a supportive and caring environment for young adults to thrive. Since opening the doors, the Vita Nova Village has served over 300 young adults with a goal of fostering a successful independent life style for each participant. • Vita Nova Independent Living Services is a program helping older foster youth, ages 18-25, learn living skills that lead to independence according to a Florida Statute protecting the rights of older foster youth in Palm Beach County. Presentation The accompanying consolidated financial statements reflect the consolidated financial statements of Vita Nova, Inc. (Vita Nova) and Vita Nova Foundation (Foundation), collectively the Organization. The Foundation is formed as a supporting non-profit organization whose main goal is to support Vita Nova's mission. All material inter -organizational transactions and balances have been eliminated in preparing these consolidated financial statements. Method of Accounting The consolidated financial statements are prepared under the accrual method of accounting, whereby revenues are recognized when earned and expenses when the corresponding liability is incurred. Use of Estimates Management uses estimates and assumptions in preparing the consolidated financial statements. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities, and the reported revenues and expenses. Actual results could differ from those estimates. Comparable Financial Information The consolidated financial statements include certain prior -year summarized comparable information in total but not by net asset class. Such information does not include sufficient detail to constitute a presentation in conformity with accounting principles generally accepted in the United States of America. -11- 368 VITA NOVA, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS For the Year Ended Setember 30, 2022 9. Summaty of Si niflcant Accountln Po!lcies, continued Comparable Financial Information, continued Accordingly, such information should be read in conjunction with the Organization's consolidated financial statements for the year ended September 30, 2021, from which the summarized information was derived. Certain 2021 amounts may have been reclassified to conform to 2022 classifications. Such reclassifications would have no effect on the change in net assets as previously reported. Consolidated Financial Statement Presentation The Organization's financial statements are presented in accordance with Financial Accounting Standards Board Accounting Standards Codification (FASB ASC) 958-205, Not -For -Profit Entitles, Presentation of Financial Statements. Under this standard, the Organization is required to report information regarding its financial position and activities according to two classes of net assets: described as follows: • of Assets Without Donor Restrictions: this classification includes those net assets whose use by the Organization is not restricted by donors, even though their use may be limited in other respects, such as by contract or by board designation. Changes in net assets arising from exchange transaction (except income and gains on assets that are restricted by donors or by law) are included in the net asset without donor restriction class. • Net mAsSets With Donor Restrictions: this classification includes those net assets whose use by the Organization has been limited by donors to either a later period of time, after a specified date, or for a specified purpose. Other donor -imposed restrictions are perpetual in nature, where the donor and assets that must be maintained in perpetuity. Cash and Cash Equivalents The Organization considers all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents, except those balances that are part of the Foundation's investment portfolio. For the Vita Nova investment account, the cash in savings is categorized as cash, and funds in the bank deposit program and money market funds are classified as investments. Investments Pursuant to FASB ASC 958-320, Investments -Debt and Equity Securities, the Organization's investments are stated at fair value. Investment earnings, realized and unrealized gains and losses, and expenses are included in the change in net assets in the consolidated statement of activities. Grants Receivable Grants receivable consists primarily of receivables from various granting organizations. An allowance for uncollectible receivables is based on historical experience, management's knowledge of the individual receivables, and the probability of collection. The Organization considers its grants receivable to be fully collectible and therefore, as of September 30, 2022, no allowance for doubtful accounts is considered necessary. -12- 369 VITA NOVA, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS a For the Year Ended Se; tember 30, 2022 1. Summad of Si - nificant Accountin_q Policies, continued Property and Equipment Property and equipment are recorded at cost, if purchased, or fair value, if donated, less accumulated depreciation. Depreciation is computed using the straight-line method over useful lives of 5-39 years. Costs of major renewals and improvements, in excess of $2,000, that extend useful lives are capitalized. Expenditures for routine maintenance and repairs are charged to expense as incurred. Revenue Recognition o Contributions - The Organization accounts for contributed goods and services, which meet certain criteria, as contributions at their estimated fair value at date of receipt. The Organization reports contributions, including unconditional promises to give, as support without donor restrictions unless they are received with donor stipulations that limit the use of the gift. When a donor restriction expires, that is, a stipulated time restriction ends or a purpose restriction is accomplished, net assets with donor restrictions are reclassified to net assets without donor restrictions and reported in the consolidated statement of activities as net assets released from restrictions. However, if the restriction is met in the same period as the restricted income is received, the Organization classifies such income as support without donor restrictions. o Grants -Governmental — Revenue arising from governmental grants under various federal, state, and county programs is recognized when expenditures are made for the purpose specified. These grants generally are on a cost reimbursement basis or fee for service, including recoverable overhead. Grant funds received in advance for program cost reimbursements of the purpose specified are classified as refundable advances. o Grants -Foundation — Revenue arising from foundation grants is generally considered to be contributions and recognized in accordance with the provisions of FASB ASC 958-605. o Contributed Services - Unpaid volunteers have made significant contributions of their time to develop and maintain the Organization's programs. Donated services are recognized as contributions if the services (a) create or enhance nonfinancial assets or (b) require specialized skills, are performed by people with those skills, and would otherwise be purchased by the Organization. The amount of such services is recorded in the consolidated financial statements as in-kind support, and as an offsetting expense at the estimated fair market value at the date of receipt. The Organization receives generous support of volunteers who donate their time in many areas and while deemed important to the Organization, these volunteer services do not formally meet the criteria for recognition. Functional Expenses Expenses are reported on a functional basis. Direct expenses of a specific function are charged accordingly. The costs of providing the various programs and other activities have been detailed in the consolidated statement of functional expenses and summarized on a functional basis in the consolidated statement of activities. Certain expenses attributable to program services and supporting services were allocated by management based upon either the number of employees in each department or the relative square footage of facilities used in the activities of the Organization. -13- 370 VITA NOVA, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS For the Year Ended Se tember 30, 2022 1. Summa of Si nificant Accountin Policies, continued Advertising Costs The Organization expenses the cost of advertising as incurred. Advertising expense was $12,429 for the year ended September 30, 2022, and is reported in the consolidated statement of functional expenses. Income Taxes Vita Nova is exempt from income taxes under Section 501(c)(3) of the Internal Revenue Code (IRC). The Foundation is a supporting organization and is exempt from income taxes under Section 509(a)(3) of the IRC. Accordingly, there is no liability for income taxes reflected in these financial statements. The Organization follows FASB ASC 740-10, Accounting for Uncertainty in Income Taxes. This pronouncement seeks to reduce the diversity in practice associated with certain aspects of measurement and recognition in accounting for income taxes. It prescribes a recognition threshold and measurement attribute for financial statement recognition and measurement of a tax position that an entity takes or expects to take in a tax return. An entity may only recognize or continue to recognize tax positions that meet a "more likely than not" threshold. The Organization assesses its income tax positions based on management's evaluation of the facts, circumstances, and information available at the reporting date. The Organization uses the prescribed more likely than not threshold when making its assessment. There are currently no open Federal or State tax years under audit. Recently Adopted Accounting Pronouncements As of October 1, 2021, Vita Nova adopted the provisions of FASB ASU Accounting Standards Update 2020-07 - Nat -for -Profit Entities (Topic 958): Presentation and Disclosures by Nat -for -Profit Entities for Contributed Nonfinancial Assets. The purpose of the standard is to clarify the presentation and disclosure of contributed nonfinancial assets with an intention to provide the reader of the financial statements a clearer understanding of what type of nonfinancial assets were received and how they are used and recognized by the not-for-profit. Future Accounting Pronouncements In February 2016, the FASB issued ASU 2016-02, Leases (Topic 842). This standard replaces existing leasing rules with a comprehensive lease measurement and recognition standard and expanded disclosure requirements. ASU 2016-02 will require lessees to recognize most leases on their statement of financial position as liabilities, with corresponding "right -of -use" assets. ASU 2020-05 extended the effective date of the standard to annual reporting periods in fiscal years that begin after December 15, 2021. Therefore, the standard will be effective for the Organization's fiscal year beginning October 1, 2022 and ending September 30, 2023. Management is evaluating the effect that this updated standard will have on the Organization's future financial statements. -14- 371 VITA NOVA, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS For the Year Ended Se tember 30,w 2022 2. Li uidi : and Ava11ab#tbL2tR2g2yM0 Financial assets available for general expenditure within one year of the statement of financial position date that are without donor restrictions or other restrictions limiting their use comprise the following: Cash and cash equivalents $ 625,080 Investments — Vita Nova 840,300 Grants and other receivables 111,424 Less cash restricted for capital improvements, See Note 5 Financial assets available to meet general Expenditures over the next 12 months $1,479.740 The Organization is substantially supported by grants from governmental agencies and foundations, as well as other contributions without and with donor restrictions. Because a donor's restriction requires resources to be used in a particular manner or in a future period, the Organization must maintain sufficient resources to meet those responsibilities to its donors. Some of the Organization's net assets with donor restrictions are available for general expenditure within one year of September 30, 2022 because the restrictions on the net assets are expected to be met by conducting the normal program activities of the Organization in the coming year. Accordingly, the related resources have been included in the quantitative information detailing the financial assets available to meet general expenditures within one year. Furthermore, as explained earlier in these notes, these financial statements are consolidated with the Vita Nova Foundation, which is a supporting organization of Vita Nova, Inc. The Foundation typically provides an annual contribution to Vita Nova on an as needed basis and as approved by the Foundation's Board. The consolidating statement of activities reflects the elimination of the income from the supporting organization of $215,579. Also, the Foundation holds a significant amount of investments to provide continued support to Vita Nova. As of September 30, 2022, the Foundation's investment balance is $4,696,192 as noted on the consolidating statement of financial position. 3. Property and Equipment Property and equipment as of September 30, 2022, consisted of the following: Land $ 388,624 Building and improvements 3,529,409 Furniture, fixtures, and equipment 311,029 Vehicles 122,034 4,351,096 Less accumulated depreciation 320,602 $ 3,030 ,494 Depreciation expense for the year ended September 30, 2022 was $158,286. Vita Nova began a renovation project of the The Vita Nova Village residential site two years ago. Buildings 1 and 2 were completed during the prior fiscal year, at of the end of February 2021. Construction in progress in the prior year of $255,805 was for the final Building 3 of the Villages, and therefore depreciation expense was not taken on those assets as of the prior year-end. The renovation of Building 3 was complete in March 2022 and started being depreciated at that time. -15- 372 VITA NOVA, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS For the Year Ended Se,2 tember 30, 2022 4. Fair Value Measurements FASB ASC 820-10, Fair Value Measurements and Disclosures, establishes a framework for measuring fair value and provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurement) and the lowest priority to unobservable inputs (Level 3 measurement). The three levels of the fair value hierarchy under FASB ASC 820-10 are described below: Level 1— Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that the Organization has the ability to access. Level 2 — Inputs to the valuation methodology include: • Quoted prices for similar assets or liabilities in active markets; • Quoted prices for identical or similar assets or liabilities in inactive markets; • Inputs other than quoted prices that are observable for the asset or liability; • Inputs that are derived principally from or corroborated by observable market data by correlation or other means. If the asset or liability has a specified (contractual) term, the Level 2 input must be observable for substantially the full term of the asset or liability. Level 3 — Inputs to the valuation methodology are unobservable and significant to the fair value measurement. The asset's or liability's fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. Fair Value of Financial instruments: The following methods and assumptions were used by the Organization in estimating fair value of financial instruments that are not disclosed under ASC 820. Cash and cash equivalents — The carrying amount reported approximates fair value. Grants, and other receivables — The carrying amount reported approximates fair value due to the short-term duration of the instruments. Accounts payable, accrued expenses, other current liabilities, and refundable advance — The carrying amount reported approximates fair value due to the short-term duration of the instruments. Items Measured at Fair Value on a Recurring Basis: The following methods and assumptions were used by the Organization in estimating fair value of financial instruments that are measured at fair value on a recurring basis under ASC 820. There has been no change in the methodologies used as of September 30, 2022. Investments — Cash equivalents held in investment accounts, exchange traded product funds, equity funds, fixed income funds, mutual funds — Valued by the custodian as determined from the quoted market prices, if available, of a national securities exchange on the last business day of the fiscal year, with the exception of cash equivalents and certificates of deposit as their carrying amount approximates fair value due to their short-term liquidity. -16- 373 VITA NOVA, INC. For the Year Ended Aeatember 30;., 2022 4. Fair Value Measurements continued NOTES TO CONSOLIDATED FINANCIAL STATEMENTS As of September 30, 2022, major categories of investments, all measured at Level 1, consisted of the following: Investment management fees of approximately $36,979 were paid during the year and directly reduce investment income. These fees are part of investment income, net, in the consolidated statement of activities. Investments: Vita Nova $ 840,300 Foundation 4,696192 Total investments $ 5.536.492 5. Net Assets The assets with donor restrictions are restricted for the following purposes as of September 30, 2022: Capital assets the Spot expenses 6. Concentrations Cash $ 97,064 �., 177500 274 564 The Organization maintains accounts at institutions insured by the Federal Deposit Insurance Corporation (FDIC) up to $250,000. As of September 30, 2022, cash exceeded federal insurance limits by approximately $142,000. Revenue Support and Grants Receivable During the year ended September 30, 2022, approximately $474,000 (26%), and $609,000 (33%) of the Organization's support was from ChildNet, and U.S. Dept. of Housing and Urban Development (HUD), respectively. The balance due from ChildNet, and HUD was approximately $40,000(36%), and $23,000 (21 %) of grants receivable as of September 30, 2022, respectively. -17- 374 Fair Historical Unrealized Description Value Cost Gain LLossj„ Investments: Cash equivalents $ 142,912 $ 142,912 $ - Fixed income securities 388,632 441,417 (52,785) Mutual funds 2,191,169 1,959,583 231,586 Exchange traded funds 1,493,242 1,388,872 104,370 Equity securities 1,225,536 1,286,963 (61,427) Alternative investments 95 001 100000 (4 999') Total investments $ 5,536,492 $ ®5,319747 (216.74 Investment management fees of approximately $36,979 were paid during the year and directly reduce investment income. These fees are part of investment income, net, in the consolidated statement of activities. Investments: Vita Nova $ 840,300 Foundation 4,696192 Total investments $ 5.536.492 5. Net Assets The assets with donor restrictions are restricted for the following purposes as of September 30, 2022: Capital assets the Spot expenses 6. Concentrations Cash $ 97,064 �., 177500 274 564 The Organization maintains accounts at institutions insured by the Federal Deposit Insurance Corporation (FDIC) up to $250,000. As of September 30, 2022, cash exceeded federal insurance limits by approximately $142,000. Revenue Support and Grants Receivable During the year ended September 30, 2022, approximately $474,000 (26%), and $609,000 (33%) of the Organization's support was from ChildNet, and U.S. Dept. of Housing and Urban Development (HUD), respectively. The balance due from ChildNet, and HUD was approximately $40,000(36%), and $23,000 (21 %) of grants receivable as of September 30, 2022, respectively. -17- 374 VITA NOVA, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS For the Year Ended Se tember 30, 2022 7. Note PaLable Vita Nova has a note payable to a financing institution, secured by a vehicle. The note requires monthly payments of principal and interest starting in September 2021, and matures six years later in August 2027. The annual percentage rate for the note is 10.03%. Annual principal payments on the note payable for the years ending September 30, are as follows: 2023 $ 5,225 2024 5,772 2025 6,380 2026 7,052 2027 7µO71 Thereafter 31,500 Less current portion 5,225 Note payable 26,Z75 8. Commitments and Contingencies Grants Grants require the fulfillment of certain conditions as set forth in the grant agreements and are subject to audit and adjustment by grantor agencies. Failure by the Organization to comply with the terms of the grants, including disallowance of costs, could result in a liability. The Organization expects the amounts of such liability, if any, to be immaterial. Leases The Organization occupies its administration office space and the Spot drop-in center in West Palm Beach, subject to a lease that commenced on February 1, 2018. This lease requires monthly payments of approximately $10,500, and expires January 31, 2023. In addition, the Organization leases office equipment under non -cancelable leases, requiring monthly payments of approximately $2,600, with the latest lease expiring in 2025. Furthermore, commencing in fiscal year 2018, the Organization leases three houses on an annual basis for its LGBT Homeless Housing program for a total monthly payment of approximately $5,000. As of October 1, 2020, Vita Nova added an additional location as part of a new Federally funded Youth Homeless Demonstration program to serve homeless youth. This year the program has expanded, and 5 more locations were added with total annual rent expense of $57,000. In September 2021 Vita Nova added an additional location with an approximate annual cost of $25,000 for new programs. Total rent expense under all operating leases was $383,050 for the year ended September 30, 2022, as reported in line items shown for rent and equipment rental on the consolidated statement of functional expenses of $362,242 and $20,808, respectively. Approximate future minimum rental payments under non -cancelable operating leases for each year under lease are: 2023 $ 239,825 2024 212,221 2025 220,009 2026 217,312 2027 221,818 Thereafter __73955 $ 1.185,140 -18- 375 VITA NOVA, INC. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS For the Year Ended Se tember 30, 2022 9, Retirement Plan The Organization maintains the Vita Nova, Inc. 401(k) Plan (the "Plan"), a 401(k) defined contribution plan covering all eligible employees of the Organization. An employee may elect to defer up to 90% of compensation as a contribution to the Pian as per the Plan agreement. Previously, matching contributions were discretionary, and there were no matching contributions in the prior year. However, as of February 1, 2021, the Plan was amended to institute a match of 50% of deferrals up to the first 6% of the participant's compensation. For the year ended September 30, 2022 there were $13,485 of employer snatching contributions, which are included in other employment benefits in the consolidated statement of functional expenses. 90. Endowment The Organization's endowment consists of investment funds created to provide ongoing financial support to Vita Nova and are held within the Foundation. The endowment is board designated by the Foundation to be held for a specific purpose or in perpetuity and earnings on the endowment are without donor restrictions. FASB ASC 958, Not -for -Profit Entities, provides guidance on the net asset classification of endowment funds for a not-for-profit organization that is subject to an enacted version of the Uniform Prudent Management of Institutional Funds Act of 2006 (UPMIFA) and improves disclosures about an organization's endowment funds (both donor -restricted endowment funds and Board -designated endowment funds), whether or not the organization is subject to UPMIFA. The State of Florida adopted the Florida Uniform Prudent Management of Institutional Funds Act (FUPMIFA), which became effective July 1, 2012, and provides a) consistent investment and spending standards to all forms of charitable funds, b) strengthens the concept of prudent investing, c) abandons historic dollar value as a floor for expenditures and provides more flexibility to the organization in making decisions about whether to expend any portion of an endowment fund, and d) provides a process for the release or modification of restrictions on a gift instrument. The adoption by the Foundation of the provisions of the law does not have a significant change in its management and investment policies of endowment. As a result of this standard, the Foundation classifies as net assets with donor restrictions (a) the original value of gifts donated to the permanent endowment, (b) the original value of subsequent gifts to the permanent endowment, and (c) accumulations to the permanent endowment made in accordance with the direction of the applicable donor gift instrument at the time the accumulation is added to the fund. Currently there are no net assets with donor restrictions in the endowment. The Foundation has adopted conservative investment and spending policies for endowment assets that attempt to provide a predictable stream of funding to programs supported by its endowment, while seeking to maintain the purchasing power of the endowment assets. Under this policy, the endowment assets are invested in a manner that is intended to produce results while assuming a moderate level of investment risk. -19- 376 VITA NOVA, INC. For the Year Ended September 30, 2022 10. Endowment continued NOTES TO CONSOLIDATED FINANCIAL STATEMENTS To satisfy its long-term rate -of -return objectives, the Foundation relies on a total-retum-based distribution strategy, meaning that it will fund distributions from net investment income, net realized capital gains and proceeds from the sale of investments. The distribution of portfolio's assets will be permitted to the extent that such distributions do not exceed a level that would erode the portfolio's real assets over time. The Foundation utilizes the services of a financial advisor who provides input into the investment strategy policy. Furthermore, the Board of Directors of the Foundation will review its investment and spending policies on an annual basis for possible revision. The Foundation's annual appropriations, if any, are determined at the discretion of the Foundation's Board of Directors unless specific instructions are provided by future endowment donors. The changes in endowment net assets for the year ended September 30, 2022 are as follows: Endowment net assets, beginning $ 6,061,526 Contributions - Investment return: Investment income 159,602 Investment expenses (26,334) Other administration expenses (2,905) Net unrealized gains/(losses) (1,212,450) Appropriation for expenditure (215,579) Payment of intercompany payable (67,668) Endowment net assets, ending $ 4.696,192 11. Subsequent Events Vita Nova's management has evaluated subsequent events through May 24, 2023, the date on which the consolidated financial statements were available to be issued, and determined there were no events required to be disclosed in these financial statements. -20- 377 Hollyfield &Thoimas, ertified PulbVic Account'an'ts Advisors 125 But11eU StreWest E� et a alnn................... BeacIM ..... FIL [,, ,,,,,,,,,,,,3344f]7 0 — (561) 639-6000 # Fax (561) 689-6001 s u,ony Dolly a Ild� a urV�ll�a�oc�mum;�m� ��uq?ini INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Directors of Vita Nova, Inc. West Palm Beach, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the consolidated financial statements of Vita Nova, Inc., which comprise the consolidated statement of financial position as of September 30, 2022, and the related consolidated statements of activities, cash flows, and functional expenses for the year then ended, and the related notes to the consolidated financial statements, and have issued our report thereon dated May 24, 2023. Report on Internal Control over Financial Reporting In planning and performing our audit of the consolidated financial statements, we considered Vita Nova, Inc.'s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the consolidated financial statements, but not for the purpose of expressing an opinion on the effectiveness of Vita Nova, Inc.'s internal control. Accordingly, we do not express an opinion on the effectiveness of Vita Nova, Inc.'s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, we did identify certain deficiencies in internal control that are described in our separate management comment letter. -2'I - 378 Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether Vita Nova, Inc.'s consolidated financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the organization's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the organization's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. West Palm Beach, Florida May 24, 2023 -22- 379 11-'-J _1 _J l l l & w lllhi�iir s A A -J -J _y J -t-t J -1 J -J Certified Public Accountants & Advisors I J _J _J _J _J _J _'I 1 125 RLder Street w Vilest PHIm Beach, R 331407 �mmmmmaa...mmmmm J J -J -J -J 1 (5611� -t A J _J J -J J -J _1 -J y J 1-.1 -J -J J -J -J 1 1 J -J -J -J -J IiiJ A -1 -J _1-J A _J -J _J _J _J INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE To the Board of Directors of Vita Nova, Inc. West Palm, Florida Report on Compliance for Each Major Federal Program Opinion on Each Major Federal Program We have audited Vita Nova, Inc.'s compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of Vita Nova, Inc.'s major federal programs for the year ended September 30, 2022. Vita Nova, Inc.'s major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. In our opinion, Vita Nova, Inc. complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended September 30, 2022. Basis for Opinion on Each Major Federal Program We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor's Responsibilities for the Audit of Compliance section of our report. We are required to be independent of Vita Nova, Inc. and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of Vita Nova, Inc.'s compliance with the compliance requirements referred to above. Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to Vita Nova, Inc.'s federal programs. -23- 380 Auditor's Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on Vita Nova, Inc.'s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about Vita Nova, Inc.'s compliance with the requirements of each major federal program as a whole. In performing an audit in accordance with generally accepted auditing standards, Government Auditing Standards, and the Uniform Guidance, we: • Exercise professional judgment and maintain professional skepticism throughout the audit • Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding Vita Nova, Inc.'s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. • Obtain an understanding of Vita Nova, Inc.'s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of Vita Nova, Inc.'s internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. Report on Internal Control over Compliance A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. -24- 381 Our consideration of internal control over compliance was for the limited purpose described in the Auditor's Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. West Palm Beach, Florida May 24, 2023 -25- 382 VITA NOVA, INC. For the Year Ended September 30, 2022 SECTION I — SUMMARY OFAUDITOR'S RESULTS Financial Statements Type of auditor's report issued: Internal control over financial reporting: Material weakness identified? Significant deficiency(ies) identified that are not considered to be material weaknesses? Noncompliance material to financial statements noted? Federal Awards Internal control over major programs: Material weakness(es) identified? Significant deficiency(ies) identified that are not considered to be material weaknesses? Type of auditor's report issued on compliance on major programs: Any audit findings disclosed that are required to be reported in accordance with 2 CFR section 200.516(a)? Major programs: Federal Grantor CFDA Number Name of Federal Program or Cluster Dollar Threshold used to distinguish between type A and type B programs: Auditee qualified as a low-risk auditee? -26- SCHEDULE OF FINDINGS AND QUESTIONED COSTS Unmodified No No No No No Unmodified No U.S. Department of Housing and Urban Development 14.267 Continuum of Care Program, YHDP $ 750,000 No 383 VITA NOVA, INC. SCHEDULE OF FINDINGS AND QUESTIONED COSTS For the Year Ended September 30,_2022 SECTION 11— FINANCIAL STATEMENT FINDINGS No findings are reported. SECTION 111— FINDINGS AND QUESTIONED COSTS Major Federal Programs — No findings or questioned costs are reported. CORRECTIVE ACTION PLAN There is no corrective action plan required, as there are no findings or questioned costs reported for the year ended September 30, 2022, with respect to federal awards. PRIOR YEAR AUDIT FINDINGS AND QUESTIONED COSTS, Federal Programs — There were no audit findings or questioned costs for the year ended September 30, 2021, relative to federal awards, requiring action on the part of the auditee. MANAGEMENT LETTER There are no comments for the fiscal year ended September 30, 2022. -27- 384 SUPPLEMENTARY INFORMATION 385 VITA NOVA, INC. For the Year Ended September 30, 2022 SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS Federal Grantor Pass-through Entity CFDA Number 1 Federal Program Title Award Number U.S. Department of Health and Human Services Passed through from the Florida Department of Children and Families, via ChildNet, Inc.: John H. Chafee Foster Care Program for Successful Transition to Adulthood Passed through Agency for Children & Families: Transitional Living for Homeless Youth Total Department of Health and Human Services U.S. Department of Housing and Urban Development: Continuum of Care Program, YHDP TH RR Continuum of Care Program, YHDP Diversion Passed through from State of Florida, via Palm Beach County: Community Development Block Grants/Entitlements Grants Emergency Solutions Grant Program Total Department of Housing and Urban Development Total expenditures of federal awards Other government grants Total governmental grants 93.674 VIT20EFC VIT21 EFC 93.550 90CX7126-05 14.267 FL0841Y4D051899 FL0841Y4D051899 14.218 R2020-1471 14.231 R2021-1001 See independent auditor's report. -28- Federal Exl,'.enditures $ 355,090 119,113 194,344 668,547 506,619 102,239 14,731 197,557 821,146 1,489,693 376,484 $ 1,866,177 386 VITA NOVA, INC. For the Year Ended September 30, 2022 9. Basis of Presentation NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS The accompanying schedule of expenditures of federal awards (the "Schedule") includes the federal award activity of Vita Nova, Inc. under programs of the federal government for the year ended September 30, 2022. The information in this Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of Vita Nova, Inc., it is not intended to and does not present the financial position, changes in net assets, or cash flows of Vita Nova, Inc. 2. Summary of Si nificant Accauntin Policies Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance wherein certain types of expenditures are not allowable or are limited as to reimbursement. 3. Indirect Cost Rate Vita Nova, Inc. has elected to use the 10% de minimis indirect cost rate allowed under the Uniform Guidance. See independent auditor's report. -29- 387 VITA NOVA, INC. CONSOLIDATING STATEMENT OF FINANCIAL POSITION As of September 30, 2022 See independent auditor's report. -30- 388 Vita Nova Foundation Eliminations Consolidated ASSETS Cash and cash equivalents $ 625,080 $ - $ - $ 625,080 Investments 840,300 - - 840,300 Grants receivable 111,424 - - 111,424 Prepaid expenses 27,974 - - 27,974 Total current assets 1,604,778 - - 1,604,778 Investments, in endowments - 4,696,192 4,696,192 Deposits 34,247 - 34,247 Property and equipment, net 3,030,494 - - 3,030,494 Total assets $ 4,669,519 $ 4,696,192 $ - $ 9,365,711 LIABILITIES AND NET ASSETS Liabilities: Accounts payable $ 20,951 $ - $ - $ 20,951 Accrued expenses 116,822 - - 116,822 Other current liabilities 24,562 - - 24,562 Refundable advance 5,000 - - 5,000 Current portion of long term debt 5,225 5,225 Total current liabilities 172,560 - - 172,560 Long-term debt 26,275 - - 26,275 Total liabilities 198,835 - - 198,835 Net assets: Without donor restrictions 4,196,120 4,696,192 - 8,892,312 With donor restrictions 274,564 - - 274,564 Total net assets 4,470,684 4,696,192 - 9,166,876 Total liabilities and net assets $ 4,669,519 $ 4,696,192 $ - $ 9,365,711 See independent auditor's report. -30- 388 VITA NOVA, INC. For the Year Ended September 30, 2022 CONSOLIDATING STATEMENT OF ACTIVITIES See independent auditor's report. -31- 389 Vita Nova Foundation Eliminations Consolidated Revenues and support: Grants: Governmental $ 1,866,177 $ - $ - $ 1,866,177 Foundation 885,877 - 885,877 Contributions 86,885 - 86,885 Special events 155,244 - - 155,244 Client service fees 28,477 - - 28,477 Income from supporting organization 215,579 - (215,579) - Realized and change in unrealized gain (loss) (177,175) (1,212,450) - (1,389,625) Investment income, net 16,847 133,268 - 150,115 Total revenues and support 3,077,911 (1,079,182) (215,579) 1,783,150 Expenses: Program services: the Spot 1,687,886 - - 1,687,886 Village 547,664 - - 547,664 Independent Living 467,043 - - 467,043 Other - 215,579 (215,579) - Total program services 2,702,593 215,579 (215,579) 2,702,593 Supporting services: Management and general 523,908 2,905 - 526,813 Fundraising 222,846 - - 222,846 Total expenses 3,449,347 218,484 (215,579) 3,452,252 Change in net assets (371,436) (1,297,666) - (1,669,102) Net assets, beginning of year 4,842,120 5,993,858 - 10,835,978 Net assets, end of year $ 4,470,684 $ 4,696,192 $ - $ 9,166,876 See independent auditor's report. -31- 389 11111f°°I11liim s VIII , Certifield Piubiliic Accot.jintai,,,mts & Advisors 125 Ilk fflelr Wesl P�allno IRaach, IFL'33407 (561) X389-60010 a Fax (5611) 168f)-6100I , vAvvyJ licilll,L6L'lld��au To Management and the Board of Directors of Vita Nova, Inc. West Palm Beach, Florida In planning and performing our audit of the consolidated financial statements of Vita Nova, Inc., as of and for the year ended September 30, 2022, in accordance with auditing standards generally accepted in the United States of America, we considered Vita Nova, Inc.'s internal control over financial reporting (internal control) as a basis for designing auditing procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the consolidated financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control. Definitions Related to Internal Control Deficiencies A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency or combination of deficiencies in internal control, such that there is a reasonable possibility that a material misstatement of an Organization's consolidated financial statements will not be prevented, or detected and corrected on a timely basis. We did not identify any deficiencies in internal control that we consider to be material weaknesses. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our Res onsibilities Our consideration of internal control was for the limited purpose described in the first paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses, or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified. However, as discussed below, we identified a certain deficiency in internal control that we consider to be a control deficiency of a lesser magnitude than a significant deficiency, and an other matter. 390 The following comment is considered to be a control deficiency of a lesser magnitude than a significant deficiency: Investment Activit Schedule We noted during our audit that the client did not have an investment roll forward schedule for the Morgan Stanley Account. Given that most of the funds in this account were in cash prior to the end of fiscal 2021, we understand why the client didn't have an investment activity schedule in the year prior. However, the funds have since been broadly invested and should be supported with a schedule that is reconciled to the accounting ledger and trial balance on a consistent basis. Management's response: Management understands this comment and will begin preparing an investment reconciliation schedule. The following comment is considered to be an other matter for your consideration: ,Capital izati!an Folic We noted during the audit that there was a discrepancy between the capitalization policy according to the Financial Manual and the policy listed in the notes to the financial statements. The capitalization policy reported in the notes to the financial statement establishes a threshold of $2,000 and a useful life of over 1 year, while the Financial Manual specifies costs of items that exceed $500. We informed management of this discrepancy and suggested that the Organization consider the overall size and nature of operations in deciding on the appropriate capitalization level. Our experience with other similar nonprofits would support an amount closer to $2,000. Management's response: Management understands this recommendation and will make a further determination regarding its capitalization policy in the current year. This communication is intended solely for the information and use of Management, those charged with governance, and others within the Organization and is not intended to be and should not be used by anyone other than these specified parties. 61141,ew9e 6 ed70zow, oo// West Palm Beach, Florida May 24, 2023 391 PUBLIC DISCLOSURE COPY ( Not for IRS Filing) 392 ** PUBLIC DISCLOSURE COPY ** Return of Organization Exempt From Income Tax OMB No. ' Form 990 Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations)Ot � Do not enter social security numbers on this form as it may be made public. Open t Department of the Treasury _ _ A For the 2021 calendar year, or tax year beginning OCT 1,p 2021 IS Check'rs ��,m..... r C Name of organization applicable: Address '.. []change Vita Nova, Inc. =Na Doing as 0 nttm9e Number and street (or P 0. box if Nova m iI s of delivered o street address) I Final return. _nAustralian Ave. lermm- ated City or tow, state opron, country, and ZIP or foreign postal code Amended return West Palm Beach, FL 33407 ....,m tion Lica F Name and address of principal officer: Jef f DeMario pending same as C above _ Tax exem 1t status: 501 c -3, � 501(c) �j � (insert no.l ' 49471°� ��., JJ, Website: 10► www .vitanoyainc.or, .... Association Other ► )( Formmof_or•anization:Corl;oration: Trust and SEP 30, 2022 D Employer identification number II,, Vi 65-0298299 Room/suite E Te561-689-0035 6 e cress eceipts s 3 ,, 2 6 5,7 31. H(a) Is this a group return for subordinates? [— [KIN. H(b) Are all subordinates included? [:] Yea [1:1 No If "No," attach a list. See instructions FL Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is ...... �, l . true, correct, an complete. Declaration of .pre�arer (other than officerY is based an all information of which l�re4uarer has an knawlede sign gnP Here Jeff DeMario, CEO Type or print name and title �. Print/Type preparer's name Prep rer s I f) to Paid avid J . Thomas CPA 721/2023 Check.PTIN r� X000024 Preparer Firm's name ;b,,, Hoff field & Th Use Only Firm's address � 125 Butler St. FL 33407 self emmlo�etl Ellin; 65-108352 no.561-689-60 ,.... 132cot 12-09-21 LHA For Paperwork Reduction Act Notice see the separateo:...... m Form 990 P instructions. (2021) See Schedule 0 for Organization Mission Statement Continuation 393 1 Briefly describe the organization's mission or most significant activities: Vita Nova is a safe br,iAa3e to independence for former foster care (continued �nn on Schedule 0 2 Check this box if the organization discontinued its operations o dis disposed �' 0 � 9 � p p of more than 25% of its net assets. c 3 Number of voting members of the governing body (Part VI, line 1 a).................. ... ................................... 3 10 0 ,o.� 4 Number of independent voting members of the governing body (Part VI, line 1 b) 4 10 ca 5 Total number of individuals employed in calendar year 2021 (Part V, line 2a) 5 39 6 Total number of volunteers (estimate if necessary) .... ................................ 6 25 7 a Total unrelated business revenue from Part Vill, column (C), line 12.. 7a'; Q , ............. ................... b Net unrelated business taxable income from Form 990-T, Part I line 11 ............. .._.....�� ,,, ,., 7b 0. Prior Year Current Year 8 Contributions and grants (Part VIII, line 1 h}............................................................... 3 t 17 2 9 9 2. 3 175 292. 9 Program service revenue (Part Vlll, line 2g) ..................................................... 17,235. 28 477. ' Investment income( (A) Ines 3, 4, and 7d 141,453. 2 7 492. a 11 revenue (Part Villl, collumnl(A)ninesl5, 6d, 8c, 9c, 10c, and 11e) .._,-._ 1 152 . -18 3 0 .. 430- 12 12 Total revenue add lines 8 through 11 (must e„ 1 me 12 �„„„�,„„„„„„„eual Part Vlli. column Ai I ) , 3,332 832. 3�.212t831. 13 Grants and similar amounts paid (Part IX, column (A), lines 13) 0 . 0 14 Benefits paid to or for members (Part IX, column (A), line 4) 0. Q 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5-10) ......... 1,720 150 . 1 904 136. 16a Professional fundraising fees (Part IX, column (A), line 11 e) ............... w1, 0 , Q CL b Total fundraising expenses (Part IX, column (D), line 25) �► „ 171,257. F�2841,097. W 17 Other expenses (Part IX, column (A), lines Ila -1111d, 11 f•24e) ......... 120 947. p 1 502 e 956. 18 Total ex enses. Add lines 13-17 mu line 25 _ . (A)491 3 407 092 :7 Revenue less a senses. Subtract line 18 from li el�2column q _. 735 194 261.19 o ”°� "(, , Be ,innin of Current Year End of Year 20 Total assets (Part X, line 16) ................................... 5 013 383 4 669_5_19. r. 21 Total liabilities (Part X, line 26) __ .. . _...... _._ 171 ,; 263. _ 1111. 198,835. 22 Net assets or fund balances Su btract line 21 from line 20 .................... 4 8 4 2 ,12 00 . 4,47D,684. Part II t nature Bloc Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is ...... �, l . true, correct, an complete. Declaration of .pre�arer (other than officerY is based an all information of which l�re4uarer has an knawlede sign gnP Here Jeff DeMario, CEO Type or print name and title �. Print/Type preparer's name Prep rer s I f) to Paid avid J . Thomas CPA 721/2023 Check.PTIN r� X000024 Preparer Firm's name ;b,,, Hoff field & Th Use Only Firm's address � 125 Butler St. FL 33407 self emmlo�etl Ellin; 65-108352 no.561-689-60 ,.... 132cot 12-09-21 LHA For Paperwork Reduction Act Notice see the separateo:...... m Form 990 P instructions. (2021) See Schedule 0 for Organization Mission Statement Continuation 393 Form 990(2o211 Vita Nova, Inc. 65-0298299 Pa+ae2 Part 111 tatement of Program Service Accomp is ments y ........ . . . . ....... .. ...�,.,. ---............... . Check if Schedule O contains a response or note to any line in this Part III X 1 Briefly describe the organization's mission: Vita Nova is a safe bride to inde�endenceuwfor former foster cares LGBTQ and other homeless youth a�es 18w-25 in Palm Beach Count�hrou�h su�rtiive housingeducation em to ent and life skills trai„nin?. 2 Did the organization undertake any significant program services during the year which were not listed on the prior Form 990 or 990 -EZ? ............ ........ ................ Yes XO No ......................................................................................................... If "Yes,” describe these new services on Schedule O. 3 Did the organization cease conducting, or make significant changes in how it conducts, any program services?_..._ [:j Yes OX No ........... . If "Yes," describe these changes on Schedule O. 4 Describe the organization's program service accomplishments for each of its three largest program services, as measured by expenses. Section 501(c)(3) and 501(c)(4) organizations are required to report the amount of grants and allocations to others, the total expenses, and revenue if any, for each program service reported. 467 034 mmm ........� 4a {Code: ) (Expenses $ , • including grants of $ ) (Revenue $ mm.mmmmmm Vita Nova Independent Living Services VNILS.) Vita Nova is the county's main rovider for outh from the foster care system choosing, Post -Secondary Education,,,,,,,,,,,,,,,Su orts and Services (FESS), ............... mm. and Aftercare Services. Youth in the PESS roram receive assistance with mmemmmnm;m r.oll. e,.., com,leting eirost-rca r mmmmmmmmmm;mmte onctn if icationforatradeThis lso assists outhwihfinancial �wliteracy, housing, and other sua orts to hei„,,,them com lete their education. Youth enrolled in Aftercare Services receive support from Vita Nova in the areas of housing, mental health wellness tutoring, substance abuse, counselin , and financial ry assistance. Both services provide a bride for a youth between the 4b (Code: ) (Expenses $ 5 4 7 6 3 3 . including ) { ry , g grants of $ (Revenues 2 $ � 4 7 7 . Vita Nova Village h who are homeless or at r Vita ova Village e is esi,n e o e •„�_ou of homelessness learn to live inde.endentl in five core areas: financial literacy, social/emotional health, ,,�Avoc ation�a�l traini � educational planningand health & wellness. t Vita Nova V o connect with �e manager to learn dailessential life skills ran nfromcookin, cleninu, manacinw oersonal finances,. t OTP OW1 01 4e (Code: ) {Expenses $ 1 , b tf d L-7 1 `J • including grants of $ ) (Revenue $ ) The Shot �� resources red to move a �uir„e„ n and provide for basic needs. t st rovidini fircontact and mm 11 wellness, a Health Care health care insurance and 4d Other program services (Describe on Schedule O.) iExruensas $ inclutlin a„ants o4 $Revenue �� , 4e TotalroLirarn semrvice exaenses 2 7 01 3 8 2 . Form 990 (2021 132002 12-09-21 See Schedule 0 for Continuation(s) 3 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870^' 394 Form 99oC2021 Vita Nova, Inc. 65-0298299 erg Checklist o uired Schedules Ye 1 Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)? If"Yes," complete Schedule A ................................. ...................... ---... .... ...... ........... .. 1 X 2 Is the organization required to complete Schedule B, Schedule of Contributors? See instructions ............ ................ 2 X 3 Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates for public office? If °Yes, " complete Schedule C. Part I ................ 3 4 Section 501(c)(3) organizations. Did the organization engage in lobbying activities, or have a section 501(h) election in effect during the tax year? If "Yes," complete Schedule C, Part 11.................................................................................................. 4 5 Is the organization a section 501(c)(4), 501(c)(5), or 501(c)(6) organization that receives membership dues, assessments, or similar amounts as defined in Rev. Proc. 98.19? If "Yes," complete Schedule C, Part Ill ......................................................... 5 6 Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the right to „ provide advice on the distribution or investment of amounts in such funds or accounts? If "Yes, "complete Schedule D, Part 1 7 Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historic land areas, or historic structures?....................... if "Yes, "complete Schedule D, Part !I ................... 8 Did the organization maintain collections of works of art, historical treasures, or other similar assets? If "Yes," complete W „^ Schedule D, Part Ill ............. 8 9 Did the organization report an amount in Part X, line 21, for escrow or custodial account liability, serve as a custodian for amounts not listed in Part X; or provide credit counseling, debt management, credit repair, or debt negotiation services? If "Yes, " complete Schedule D, Part 1V .................. 9 10 Did the organization, directly or through a related organization, hold assets in donor -restricted endowments or in quasi endowments? If "Yes," complete Schedule D, Part V......................................................................................... 10 11 If the organization's answer to any of the following questions is "Yes," then complete Schedule D, Parts VI, VII, VIII, IX, or X, as applicable. I a Did the organization report an amount for land, buildings, and equipment in Part X, line 10? If "Yes," complete Schedule D, PartVI ................................ 11a X b Did the organization report an amount for investments -other securities in Part X, line 12, that is 5% or more of its total assets reported in Part X, line 16? If "yes," complete Schedule D, Part Vll.......................................................................... 11b c Did the organization report an amount for investments - program related in Part X, line 13, that is 5% or more of its total assets reported in Part X, line 16? 1f ,yes,, complete Schedule D, Part Vill ...........................................-.............................. 1 is d Did the organization report an amount for other assets in Part X, line 15, that is 5% or more of its total assets reported in Part X, line 16? If "Yes, " complete Schedule D, Part IX _ _ ____ e Did the organization report an amount for other liabilities in Part X, line 25? If "Yes,' complete Schedule D, PartX .... ............. lie X f Did the organization's separate or consolidated financial statements for the tax year include a footnote that addresses the organization's liability for uncertain tax positions under FIN 48 (ASC 740)? If "Yes, " complete Schedule D, Part X ............ 11f X 12a Did the organization obtain separate, independent audited financial statements for the tax year? If yes,,, complete ScheduleD, Parts X1 and XII .................................................................................. ...................................... ...................... 123 b Was the organization included in consolidated, independent audited financial statements for the tax year? If "Yes, " and if the organization answered "No" to line 12a, then completing Schedule D, Parts X1 and XII is optional ............ ... 12b X 13 Is the O{ }( organization a school described in section 170 b 1 A ii A .. ........................................ g )( ). !f "Yes," complete Schedule F 14a Did the organization maintain an office, employees, or agents outside of the United States?................................................mm 143 b Did the organization have aggregate revenues or expenses of more than $10,000 from grantmaking, fundraising, business, investment, and program service activities outside the United States, or aggregate foreign investments valued at $100,000 or more? If "Yes," complete Schedule F, Parts I and IV _ ---- ...................... .................. ........._-----...... .......... ............... ..._........ 14b 15 Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or other assistance to or for any foreign organization? if "Yes," complete Schedule F, Parts II and IV ............. 15 16 Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or other assistance to or for foreign individuals? ff ,yes,,, complete Schedule F, Parts 1I1 and IV .......................... 16 17 Did the organization report a total of more than $15,000 of expenses for professional fundraising services on Part IX, column (A), lines 6 and 11 e? !f "Yes," complete Schedule G, Part 1. See instructions 77 18 Did the organization report more than $15,000 total of fundraising event gross income and contributions on Part VIII, lines is and 8a? If "Yes," complete Schedule G, Part If ..............•............................................................................................. 18 X. 19 Did the organization report more than $15,000 of gross income from gaming activities on Part VIII, line 9a? if "Yes," , complete Schedule G, Part /it ............. 20a Did the organization operate one or more hospital facilities? If ,yes," complete Schedule N ...................... . b If "Yes" to line 20a, did the organization attach a copy of its audited financial statements to this return? .............................. 21 Did the organization report more than $5,000 of grants or other assistance to any domestic organization or domestic government on Part D( column ... n I j -line, 1? ll "yc. r ° s�Fr ri �t N ,t� d;Jo SPI ......... 132093 12-09-21 13570721 784176 1508700 4 2021.06000 VITA NOVA, INC. 3 X X X X X X X X X X X X X X X X X X X X 2 Form 990 (2021) 150870/11 395 Form 990 021 Vita Novas Inc. 65-0298299 Pa2,le aC ecklist of Re uired Schedule Q sMntrnu.0 Nc 22 Did the organization report more than $5,000 of grants or other assistance to or for domestic individuals on Part IX, column (A), line 2? If "Yes, " complete Schedule 1, Parts I and Ill ........................................ .......................... . ...... 22 X 23 Did the organization answer "Yes" to Part VII, Section A, line 3, 4, or 5, about compensation of the organization's current and former officers, directors, trustees, key employees, and highest compensated employees? If "Yes," complete ScheduleJ..................................................................................................................................................................... 23 X 24a Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year, that was issued after December 31, 2002? If "Yes," answer lines 24b through 24d and complete Schedule K. If "No "go to line 25a...................................................................................................................................... 24a X b Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception? ................ 24b c Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease any tax-exempt bonds? 4c , d Did the organization act as an "on behalf of" issuer for bonds outstanding at anytime during the year?................................. 2 4 d 25a Section 501(c)(3), 501(cx4), and 501(c)(29) organizations. Did the organization engage in an excess benefit transaction with a disqualified person during the year? If "Yes, " complete Schedule L, Part I ................................................ .25a X b Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior year, and that the transaction has not been reported on any of the organization's prior Forms 990 or 990 -EZ? If "Yes, " complete ScheduleL, Partl........................................................................................................................................................... 25b X 26 Aid the organization report any amount on Part X, line 5 or 22, for receivables from or payables to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons? If "Yes, " complete Schedule L, Part ll ....................................... 26 X 27 Did the organization provide a grant or other assistance to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor or employee thereof, a grant selection committee member, or to a 35% controlled entity (including an employee thereof) or family member of any of these persons? If "Yes, " complete Schedule L, Part Ill ......... 27mmm„ X 28 Was the organization a party to a business transaction with one of the following parties (see the Schedule L, Part IV, instructions for applicable filing thresholds, conditions, and exceptions): a A current or former officer, director, trustee, key employee, creator or founder, or substantial contributor? If Yes," complete Schedule L, Part IV ................................................................................................................................. 28a X b A family member of any individual described in line 28a? If "Yes," complete Schedule L, Part !V ............................................. 28b X c A 35% controlled entity of one or more individuals and/or organizations described in line 28a or 28b? if "Yes,' complete Schedule L, Part IV ............ ........................ 28c X 29 Did the organization receive more than $25,000 in non-cash contributions? If "Yes, " complete Schedule M ........................ 29 X 30 Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation contributions? If "Yes,„ complete Schedule M.............................................................................................................. .... 30 X 31 Did the organization liquidate, terminate, or dissolve and cease operations? If "Yes," complete Schedule N, Part I .................. 31 X 32 Did the organization sell, exchange, dispose of, or transfer more than 25% of its net assets? If "yes, " complete ScheduleN, Part 1I........................................................................................................................................................... 32 X 33 Did the organization own 100% of an entity disregarded as separate from the organization under Regulations sections 301,7701.2 and 301.7701.3? If "Yes," complete Schedule R, Part!........................................................................ 33 X 34 Was the organization related to any tax-exempt or taxable entity? If "Yes, " complete Schedule R, Part 11, lll, or IV, and PartV, line 1..................................................................................................................................................................... 34 X 35a Did the organization have a controlled entity within the meaning of section 512(b)(13)? _....... ............................................. 35a X b If "Yes" to line 35a, did the organization receive any payment from or engage in any transaction with a controlled entity within the meaning of section 512(b)(13)? If "Yes, " complete Schedule R, Part V, line 2 ............ 35b 36 Section 501(c)(3) organizations. Did the organization make any transfers to an exempt non -charitable related organization? If "Yes, „ complete Schedule R, Part V, line 2........................................................................................................................ 36 X 37 Did the organization conduct more than 5% of its activities through an entity that is not a related organization and that is treated as a partnership for federal income tax purposes? If "Yes," complete Schedule R, Part VI ....................... 37 , 38 Did the organization complete Schedule 0 and provide explanations on Schedule 0 for Part VI, lines 11 b and 19? Note: All Form 990 filers are required to complete Schedule 0....................................................................... .................... 38 X Schedule O contains a response or note to anv line in this Part V 4 1 a Enter the number reported in box 3 of Form 1096. Enter -0- if not applicable ,, ........... is 29 b Enter the number of Forms W -2G included on line 1 a, Enter -0- if not applicable 1b 0 c Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming &gambling) winninw.s to Fwize winners?................................................................................................................................. is 132004 12-09-21 _.._ ...... .. Form 990 (2021)µ 5 13570721 784176 1508700 2021.06000 VIVA NOVA, INC. 150870`1 396 Vita Nova, Inc. 65-0.2.98299 Pa�fe5 2a Enter the number of employees reported on Form W-3, Transmittal of Wage and Tax Statements, filed for the calendar year ending with or within the year covered by this return .....................2a 39 b If at least one is reported on fine 2a, did the organization file all required federal employment tax returns? ............. Note: If the sum of lines 1 a and 2a is greater than 250, you may be required to 0 -file. See instructions. .......... . ............... 3a Did the organization have unrelated business gross income of $1,000 or more during the year? ............... b If "Yes," has it filed a Form 990-T for this year'? If "No" to line 3b, provide an explanation on Schedule O ................... 4a At any time during the calendar year, did the organization have an interest in, or a signature or other authority over, a financial account in a foreign country (such as a bank account, securities account, or other financial account)? ..................... b If "Yes," enter the name of the foreign country 0- ........ . . ............. . . . . . . . . . . . . . . . . . . . . . . . . ...... See instructions for filing requirements for FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR). 5a Was the organization a party to a prohibited tax shelter transaction at anytime during the tax year'? b Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction? c If "Yes" to line 5a or 5b, did the organization file Form 8886-T? 6a Does the organization have annual gross receipts that are normally greater than $100,000, and did the organization solicit any contributions that were not tax deductible as charitable contributions? ........................................................................ b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? 7 Organizations that may receive deductible contributions under section 170(c). a Did the organization receive a payment in excess of $75 made partly as a contribution and partly for goods and services provided to the payor? b if "Yes," did the organization notify the donor of the value of the goods or services provided? ............................................. c Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to file Form 8282? . d If "Yes," indicate the number of Forms 8282 filed during the year ............................................ I 7d e Did the organization receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? ..................... f Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? ........................... g If the organization received a contribution of qualified intellectual property, did the organization file Form 8899 as required? .. _ h If the organization received a contribution of cars, boats, airplanes, or other vehicles, did the organization file a Form 1098-0? 8 Sponsoring organizations maintaining donor advised funds. Did a donor advised fund maintained by the sponsoring organization have excess business holdings at any time during the year? 9 Sponsoring organizations maintaining donor advised funds. a Did the sponsoring organization make any taxable distributions under section 4966? b Did the sponsoring organization make a distribution to a donor, donor advisor, or related person? 10 Section 501(c)(7) organizations. Enter: a Initiation fees and capital contributions included on Part VIII, line 12 ........ 10a b Gross receipts, included on Form 990, Part VIII, line 12, for public use of club facilities .............. 10b f1 Section 501(c)(12) organizations. Enter: a Gross income from members or shareholders i 11a b Gross income from other sources. (Do not net amounts duo or paid to other sources against amounts due or received from them.) ............................................... .... ......................... .... 11b 12a Section 4947(a)(1) non-exempt charitable trusts. Is the organization filing Form 990 in lieu of Form 1041'. w - b If "Yes," enter the amount of tax-exempt interest received or accrued during the year .................. 12b 13 Section 501(c)(29) qualified nonprofit health insurance issuers. a Is the organization licensed to issue qualified health plans in more than one state? Note: Seethe instructions for additional information the organization must report on Schedule O. b Enter the amount of reserves the organization is required to maintain by the states in which the organization is licensed to issue qualified health plans ............................................ L3bc Enter the amount of reserves on hand 14a Did the organization receive any payments for indoor tanning services during the tax year? b If "Yes," has it filed a Form 720 to report these payments? ff "No," provide an explanation on Schedule O ........... 15 Is the organization subject to the section 4960 tax on payment(s) of more than $1,000,000 in remuneration or excess parachute payment(s) during the year? . If "Yes," see the instructions and file Form 4720, Schedule N. 16 Is the organization an educational institution subject to the section 4968 excise tax on net investment income? ................ If "Yes," complete Form 4720, Schedule O. 17 Section 501(c)(21) organizations. Did the trust, any disqualified person, or mine operator engage in any activities that would result in the imposition of an excise tax under section 4951, 4952 or 4953? .......................................... If "Yes," coT�slete Form 6069. X X X X X X X X R X X 132005 12-09-21 6 Form 990 (2021) 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 15087pn1 397 021 Vita Nova, Inc. For Part 90 ?Governance, M na eent and D sclosure. p g below, a dfora " o" response 6 Far each "Yes" response to lines 2 through 7b 9 e to line 8a, 8b, or 10b below, describe the circumstances, processes, or changes on Schedule 0. See instructions. Section A. Governing Bod,and 1a Enter the number of voting members of the governing body at the end of the tax year ._ _. Is 1 U 10a 10b X If there are material differences in voting rights among members of the governing body, or if the governing : X b Describe on Schedule 0 the process, if any, used by the organization to review this Form 990. body delegated broad authority to an executive committee or similar committee, explain on Schedule 0. 12a Did the organization have a written conflict of interest policy? S ............................ 9 � P Y • !f "No " oto Line 13 ............. b Enter the number of voting members included online la, above, who are independent ,,,,,,,,,,,,,,,,,, ib 10 X b Were officers, directors, or trustees, and key employees required to disclose annually interests that could give rise to conflicts? .................. 2 Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other X c Did the organization regularly and consistently monitor and enforce compliance with the policy? if "Yes," describe officer, director, trustee, or key em to ee? employee? 2 ......... X 3 Did the organization delegate control over management duties customarily performed by or under the direct supervision X 13 Did the organization have a written whistleblower policy? ...._.... of officers, directors, trustees, or key employees to a management company or other person? 3 X 4 Did the organization make any significant changes to its governing documents since the prior Form 990 was filed? 4 X 5 Did the organization become aware during the year of a significant diversion of the organization's assets? 1 persons, comparability data, and contemporaneous substantiation of the deliberation and decision? 6 Did the organization have members or stockholders? fi X 7a Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or X b Other officers or key employees of the organization.......................................................................................................... more members of the governing body? ............ 7a _ X X b Are any governance decisions of the organization reserved to (or subject to approval by) members, stockholders, or 16a Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a persons other than the governing body?............................................................... 7h............ X 8 Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the following: X b If "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate its participation a The governing body? ......... 8a X in joint venture arrangements under applicable federal tax law, and take steps to safeguard the organization's b Each committee with authority to act on behalf of the governing body? ..................................................... 815 X 9 Is there any officer, director, trustee, or key employee listed in Part VII, Section A, who cannot be reached at the organization's _ ................... . mailing ddress? If NMS."tir�wi mli°NI r�<r�s �r ��cfA�u.irP r Hsmu� ar.Ar�u4,�rar�J ........ .... 9 X Section B. Policies 10a Did the organization have local chapters, branches, or affiliates? ............................................. ........................ ...._-..-.-. b If "Yes," did the organization have written policies and procedures governing the activities of such chapters, affiliates, and branches to ensure their operations are consistent with the organization's exempt purposes? 11a Has the organization provided a complete copy of this Form 990 to all members of its governing body before filing the form? 10a 10b X Ila : X b Describe on Schedule 0 the process, if any, used by the organization to review this Form 990. 12a Did the organization have a written conflict of interest policy? S ............................ 9 � P Y • !f "No " oto Line 13 ............. 12a X b Were officers, directors, or trustees, and key employees required to disclose annually interests that could give rise to conflicts? .................. 12b X c Did the organization regularly and consistently monitor and enforce compliance with the policy? if "Yes," describe on Schedule 0 how this was done.................................................................................................................................... 12c X 13 Did the organization have a written whistleblower policy? ...._.... e 13 14 Did the organization have a written document retention and destruction policy? •.,, 14 ,. X 15 Did the process for determining compensation of the following persons include a review and approval by independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision? a The organization's CEO, Executive Director, or top management official15a .............. ...... X b Other officers or key employees of the organization.......................................................................................................... 15b _ X If "Yes" to line 15a or 15b, describe the process on Schedule 0. See instructions. 16a Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable entity during the year)............................................................ 16a X b If "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate its participation 7 in joint venture arrangements under applicable federal tax law, and take steps to safeguard the organization's 1 exempt status with Section C. Disclosure 17 List the states with which a copy of th.�,.,,..,. is Farm 9900 is required to be filed 10 -FL 18 Section 6104 requires an organization to make its Forms 1023 (1024 or 1024•A, if applicable), 990, and 990•T (section 501(c)(3)s only) available for public inspection. Indicate how you made these available. Check all that apply. 0 Own website 0 Another's website OX Upon request 0 Other (explain on Schedule O) 19 Describe on Schedule O whether (and if so, how) the organization made its governing documents, conflict of interest policy, and financial statements available to the public during the tax year. 20 State the name, address, and telephone number of the person who possesses the organization's books and records ► Jeff DeMario - (561) 689-0035 2724 N. Australian Ave, West Palm Beach. FL 33407 ..'1320os ...... ..,. Form 990 ............„. ....... ........ yz-as-z� (2021) 7 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870398 Form s9oi„w Vita Nova, Inc. -0298299p Pa e7 w arCompensation of Officers Directors'rustees Ke�YEmployees, Hi9 estCompensated Employees, and Independent Contractors .... heck if Schedule O contains a response p or note to any line in this Part VII .......................................... Section A. Offcers„ Directors[ Trustees" Ke. Em to ees and Hi hest Comrensated Employees _ la Complete this table for all persons required to be listed. Report compensation for the calendar year ending with or within the organization's tax „ year. • List all of the organization's current officers, directors, trustees (whether individuals or organizations), regardless of amount of compensation. Enter -0- in columns (D), (E), and (F) if no compensation was paid. • List all of the organization's current key employees, if any. See the instructions for definition of "key employee." • List the organization's five current highest compensated employees (other than an officer, director, trustee, or key employee) who received report- able compensation (box 5 of Form W-2, Form 1099-MISC, and/or box 1 of Form 1099 -NEC) of more than $100,000 from the organization and any related organizations. • List all of the organization's former officers, key employees, and highest compensated employees who received more than $100,000 of reportable compensation from the organization and any related organizations. • List all of the organization's former directors or trustees that received, in the capacity as a former director or trustee of the organization, more than $10,000 of reportable compensation from the organization and any related organizations. See the instructions for the order in which to list the persons above. Check this box if neither the organization nor ami related orntzation compensated an current officer, director or trustee. (A) (B) (C) (D) (E) (F) Name and title Average Position Reportable Reportable Estimated (1) Jeff DeMario CEO (2) Scott Murray Chairman (3) Anthony Marino Jr., CPA Treasurer (4) David Scott Vice Chairman (5) Domenic Macri Director (6) Michael Branch Director (7) Vassilia Binensztok Secretary (8) Kristy Pressly� Director (9) Kathleen Spears Director (14) Brad Jankowski Director (11) ,lose Coto Director 132007 12-09-21 13570721 784176 1508700 hours per (do box, not check unless person mars is than both one an compensation compensation amount of week ofticera° d a director/trustee) M from from related other (list any the organizations compensation hours for - m organization (W-2/1099-MISC/ from the related 9 ij (W-2/1099-MISC/ 1099 -NEC) organization organizations ts0 1099 -NEC) and related below 5. organizations line) - _ - s ,� X �m 162564. 0. 16,526. X X o. 0. 0. 4.00 .0O X X 0., 2.00 „0 0 X x0. o. 0 2.00 ., 2.00 X 0 . 0. 0 ., 2.00. mmm .�. X 0. 0. 0. 2.00 X X 0 0. 2.00 �X 0. 0. 0. 2.00 2.00- 2.00 X o. a.� 0. Form 990 (2021) 8 2021.06000 VITA NOVA, INC. 150870nl 399 Vi 65-0298299 Paue8 (A) (B) (C) (D) (E) (F) Name and title Average Position (do not check more than one Reportable Reportable Estimated d Total "'add lines ib and ic'i hours per box, unless person is both an compensation compensation amount of more than $100,000 of reportable week officer and a director/trustee} ��5 from from related other {list any the organizations compensation hours for - organization (W-2/1099-MISC/ from the related (W-2/1099-MISC/ 1099 -NFC) organization organizations 231099 -NEC) and related below - E o E organizations line) _ a E ibSubtotal ........ .................................................................................. ► 162564 w 0. c Total from continuation sheets to Part VII, Section A ---------------------------- ► � � 0'. -0. d Total "'add lines ib and ic'i 1622, 564 0. 2 Total number of individuals (including but not limited to those listed above) who received more than $100,000 of reportable compensation from the organization 3 Did the organization list any former officer, director, trustee, key employee, or highest compensated employee on line 1 a? If "Yes, complete Schedule J for such individual ........................................................... ................... 3 X 4 For any individual listed on line 1 a, is the sum of reportable compensation and other compensation from the organization and related organizations greater than $150,000? if "Yes," complete Schedule J for such individual ....................................... 4 X 5 Did any person listed on line 1 a receive or accrue compensation from any unrelated organization or individual for services rendered to the organization? „ d.rcrn, Jfa? s1 ....................................... 5 X Section B. Independent Contractors Complete this t�..,. able for your five highest compensated independent contractors that received more than $100,000 of compensation from the organization Re! rt comjensation for the calendar year ending with or within the ouanization's tax ,Year. (A) {B} (C) Name and business address NONE Description of services Compensation .. . ....... ..... ......�� 2 Total number of independent contractors (including but not limited to those listed above) who received more than $100,000 of compensation from the ora,ianization 0 16 526. 0. 16,526. 1 No Form 9913(2021) 132008 12-09-21 9 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 15087V' Form oam 9 III 021 Statement of i Nva Inc 65-0298299 Paoe 9 Check if Schedule d contains a re p„�,, ,,,� ��onse or note to any in this Part VIII .......,,�,;........._ .......... ......... .a . .... rvrvrvrv, {A}Felated B} (G} {D} Tota] revenue r exempt Unrelated Revenue excluded revenue 'business revenue from tax under sections 512 - 514 a Federated N 1 dues ................... 1b, . c Fundraising events120,774. 4 0, 544 P b Membership p .. L .................... c 1c 12 0 7 7 4, N d Related organizations ............... 1d, 215 , 5 7 9 a Government grants (contributions) 1e 1 866 , 177 .91 f All other contributions, gifts, grants, and a similar amounts not included above if 9 3 2 218 CT j Noncash contributions included in lines 1a -1f � 7 d s 21. 61.8a. Ll h Total. Add lines 1 a-1 f ...... .......„ 3,175,292. Business Code a, 2a Client Service Fees900099 28 477. vs c . M o e EL program f A other service revenue Total. Add lines 2a -2f .................................. 28 477. 3 Investment income (including dividends, interest, and other similar amounts) ............................. * i, 27,492._ 4 Income from investment of tax-exempt bond proceeds 0- 5 Royalties .......... ............................................. Personal 6 a Gross rents ............... 6a b Less: rental expenses ... 6b c Rental income or (loss) 6c d Net rental income or (loss) ....................... ............. 7 a Gross amount from sales of (i) Securities (ii) Other . assets other than inventory 7a .� b Less: cost or other basis and sales expenses 7b e a c Gain or (loss) . _..._ 7c cc d Net gain or (loss) ...................................... ................. s 8 a Gross income from fundraising events (not p including $ 120 ,%� 4- of contributions reported on line 1c). See Part IV, line 18 .................................... 8a 34,470. b Less: direct expenses ........................... 8b 52,900. c Net income or (loss) from fundraising events —18 r 4 3 0� 9 a Gross income from gaming activities. See Part IV, line 199a .............................. I b Less: direct expenses ........................ 9b c Net income or (loss) from gaming activities ....... 10 a Gross sales of inventory, less returns and allowances 10a b Less: cost of goods sold ..... ,10 c Net income or (loss' from sales of inventory Business Code N a 11 a b D c QM d All other revenue e Total. Add lines 11a -11d ........... ...... ... 12 Total revenue. See instructions 132009 12-09-21 13570721 784176 1508700 28,477. .I 28.477. 10 2021.06000 VITA NOVA, INC. 27„492. 0 WWW.... 9 , 062. Form 990 (2021) 150870Al 401 For 90 2021 Vita Nova Inc 65-0298299 Pa e10 Section 501 ctb and 50Xatro 4 oranizns must com�fete all columns. Rl! other organizations must com Mete column � „L,. Check if Schedule O contains a res�aonse or note to an ..line In this ,Part IX ... ...��....._ Do not include� amounts reported on lines 6b, (A) Total expenses p (B) Program service 9 (C) Management and Mana eme ,�... Dj Fundraising 7b, 8b 9b, and 10b of Part VIII, expenses_general expenses exf enses 1 Grants and other assistance to domestic organizations and domestic governments. See Part IV, line 21 2 Grants and other assistance to domestic individuals. See Part IV, line 22 3 Grants and other assistance to foreign organizations, foreign governments, and foreign individuals. See Part IV, lines 15 and 16 .__._.._ 4 Benefits paid to or for members 5 Compensation of current officers, directors, trustees, and key employees ....................... 18 $ 6 9 $ 13 8 , 0 31. 39 ,._3 81. 6 Compensation not included above to disqualified persons (as defined under section 49581(f)(1)) and persons described in section 4958(c)(3)(B) ......... 7 Other salaries and wages .............................. 1, 394 „ 901. 1 004,526. 3071,094 . $3 281. 8 Pension plan accruals and contributions (include section 401(k) and 403(b) employer contributions) 9,782. 7 , 0 44 . 2.01154. 584. 9 Other employee benefits ............... _ 187 ,, 312. 167,155. ' 8 6 7 4 . 11,483. 10 Payroll taxes .................... ...--............. ....... 123,443. ' 89,086. 27,066.1, 7 291. m;, 11 Fees for services (nonemployees): a Management ................................................ b Legal ..................... .............. .............. 3 x 0 0 1. 2 0 4 7. 417. 537. c Accounting ..... ......... � 3...2 , 050 . mm 27 475.1 3 r.0 9 9. 1,476. ,.,,. d Lobbying .......................... �mA��rym e Professional fundraising services. See Part IV, line 17 f Investment management fees ................... 10,6.. 10 , 6 45- . g Other. (If line 11g amount exceeds 10% of line 25, column {A), amount, list line 11g expenses on 5ch 0.) 2 ��t�� 111 61 789. � �� 10 15 6. 2,997. 12 Advertisingand promotion p ..................... ` � 2 4 2 9 � 1 5 8 0 0 ., ,5,944. 6 8 5 ffice expenses... ..... ................... 13 o....... 141 9 2 7 101 2 4 4 -„.890.rvrvrvrvrvrvrvrvrvrvry24,793. �. 5� ��.................................,, 14 Information technology ................................. 28,925. 2 5„ 198.11- 2 2 6 6. ...,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�.. 1 4 61. 15 Royalties ............................. 16 Occupancy................................................... 451, 902. 427, 729. 14, 817. 9 356. 17 Travel......................................................... 18,152. 6,359. 9 ,, 025 2,768. 18 Payments of travel or entertainment expenses for any federal, state, or local public officials ... 7 6 21 19 Conferences, conventions, and meetings ,..... 18,985. 7 „, 717 . 3,647. 20 Interest4,142. ............................................... . 4 ,14 2 . �mm 21 Payments to affiliates 22 Depreciation, depletion, and amortization ..... 15 8, 2 8 6. 9 4, 8 8 2. 63,252. 15 2. 23 Insurance................................................... 69,798. 60,524.'333 3�. 7 ,;3 3 3u,.• 1 , 941. 24 Other expenses. Itemize expenses not covered above. (List miscellaneous expenses on line 24e. If line 24e amount exceeds 10% of line 25, column (A), amount, list line 24e expenses on Schedule 0.) ...... a Resident Assistance 407,256. 406,791. 418. 47. b Re ,airs and Maintenance70,516, 63,843. m 4,460 2,213 c ........ ........................................................... �...�........ ........ d e All other expenses 25 Total functional expenses. Add lines 1 through 24e 3,407,092. 2,701,382. 534 ry 453 171 „ 257 ,,, 26 Joint costs. Complete this line only if the organization reported in column (8) joint costs from a combined educational campaign and fundraising solicitation. Check here'rf iollawing SOP 98-2 (ASC 958-720j . ,,,,,,, 132010 12-09-21 Form 990 (2021) 11 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870"' 402 I Cash - non-interest-bearing ..... -.--, 2 Savings and temporary cash investments 3 Pledges and grants receivable, net 4 Accounts receivable, net 5 Loans and other receivables from any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons ........................... 6 Loans and other receivables from other disqualified persons (as defined under section 4958(11{1)), and persons described in section 4958(c)(3)(6) ...... 7 Notes and loans receivable, net 8 Inventories for sale or use 9 Prepaid expenses and deferred charges .......... 10a Land, buildings, and equipment: cost or other basis. Complete Part VI of Schedule D -._,_.. 10a 4,25 1 0 9 6- b b Less: accumulated depreciation__-..- .,- 10b 1 3 20 602. �r 11 Investments - publicly traded securities 12 Investments - other securities. See Part IV, line 11 ......................... 13 Investments - program -related. See Part IV, line 11 ....................................... 14 Intangible assets .................. 15 Other assets. See Part IV, line 11 16 Total assets. Add lines 1 throuc° h 15 wmust egyal line 33 17 Accounts payable and accrued expenses ... 18 Grants payable ............... 19 Deferred revenue 20 Tax-exempt bond liabilities ........................................................................... 21 Escrow or custodial account liability. Complete Part IV of Schedule D ............ 22 Loans and other payables to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entit. TOy or family member of any of these persons ........................... -J 23 Secured mortgages and notes payable to unrelated third parties .................. 24 Unsecured notes and loans payable to unrelated third parties ............ 25 Other liabilities (including federal income tax, payables to related third parties, and other liabilities not included on lines 17-24). Complete Part X of Schedule D 26 Total liabilities. Add lines 17 through 25 ............... ........... Organizations that follow FASB ASC 958, check here 10 -XD and complete lines 27, 28, 32, and 33. 27 Net assets without donor restrictions _............................................... M 28 Net assets with donor restrictions ................................................... Organizations that do not follow FASB ASC 958, check here [� LL and complete lines 29 through 33. L ° 29 Capital stock or trust principal, or current funds w+ H 30 Paid -in or capital surplus, or land, building, or equipment fund ........................ 31 Retained earnings, endowment, accumulated income, or other funds ............ 32 Total net assets or fund balances Z................................................................ .. 33 Total liabilities and net assets/fund hnlanceG 13570721 784176 1508700 65-0298299 Paae 11 ......... (A) (B) Beginning of year End of year m 64147 1 67,272. 840 097 ,557,808. . , �m. 2 557 $08. 1_, .,. 217 230 .'', 3 11Z .424. 5 6 7... .nnnrvrvry � � � 8 �42wy,w132. 9 m �mm 270974. 2 818 270. 1o� 3 m 030 f_494. 11000 x.668. 300. 12 13 14 30q 139. 15, 34,,247. 5 013 383 . 16 4,669,519. 96,743.17 31 94$. 18 4,839. _- 5,000. 21 23 36�267Wiµ n, 24 ,.,rv,, ,,,,�,.. 31,;500., 33,A 4. 1 25 130, 3,87.. 171,263. 261 198,835., 4,537,305.[27 1 4,196120. 304,815. 28 274w564. 4,842_L120. 5,013,383. 12 2021.06000 VITA NOVA, INC. 4,470684. 4,669519. Form 990 (2021) 150870^' 403 Form 990 2021' Vita Nova, Inc. 65-0298299 Pa U Part XI Recon mmmmmm ciliation of Net Assets „ Check if Schedule O contains r �.,. �,.;w�.............. ns a resZonse or note to aniline in this Part XI ......... 1 Total revenue (must equal Part VIII, column (A), line 12).............................................................................. 1 _3,A212 §31. 2 Total expenses (must equal Part IX, column (A), line 25) ...... ......... ......... ......... ........ 99 2. 3 Revenue less expenses. Subtract line 2 from line 1 ........ ......... ......... .................. 3 —194,2 1. 4 Net assets or fund balances at beginning of year (must equal Part X, line 32, column (A)) ...... _. . _...... _... 4 . 4 , 8 4 2 , 12 Q . 5 Net unrealized gains (losses) on investments.............................................. .............................. 5 —177 175 6 Donated services and use of facilities......................................................................................................... 6 7 Investment expenses................................................................................................................................. 7 aPrior period adjustments........................................................................................................................... $ 9 Other changes in net assets or fund balances (explain on Schedule O)...................................................... 9 _ 0. 10 Net assets or fund balances at end of year. Combine lines 3 through 9 (must equal Part X, line 32, column &,4m..m ....................... -- ----- ...... ......... ......... ........ ...,.10 4,470,684. Part XII Financial Statements and Reporting Check if Schedule 0 contains a response or note to any line in this Part XIl ....... ......... ........................ ........... Yes No 1 Accounting method used to prepare the Form 990: M Cash 0 Accrual 0 Other If the organization changed its method of accounting from a prior year or checked "Other," explain on Schedule 0. 2a Were the organization's financial statements compiled or reviewed by an independent accountant? If "Yes," check a box below to indicate whether the financial statements for the year were compiled or reviewed on a separate basis, consolidated basis, or both: 0 Separate basis = Consolidated basis 0 Both consolidated and separate basis b Were the organization's financial statements audited by an independent accountant?......................................................... 2b X If 'Yes," check a box below to indicate whether the financial statements for the year were audited on a separate basis, consolidated basis, or both: Separate basisXD Consolidated basis Both consolidated and separate basis c If "Yes" to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant? ......................... 2c X If the organization changed either its oversight process or selection process during the tax year, explain on Schedule O. 3a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A•133? 3a X b If "Yes,' did the organization undergo the required audit or audits? If the organization did not undergo the required audit or audits, explain why on Schedule O and describe any steps taken to underrlo such audits ...., ....... ..... ......... 3b Form 990 (2021) 132012 12-09-21 13 13570721 784176 1508700 2021,06000 VITA NOVA, INC. 150870"' 404 SCHEDU 9W) A Public Charity Status and Public Support OMB "° '„54s-004 Form ( Complete if the organization is a section 501(c)(3) organization or a section 202 4947(a)(1) nonexempt charitable trust. Department of the Treasury ► Attach to Form 990 or Form 990-EZ. Open to Public Internal Revenue Service No- Go Ga to www.irs,goy/Form990 for instructions and the latest information. p Name of the organization �....... Employer identification number Vita Nova, Inc. 65-0298299 art IReason orU iC Mir_i#y-S atUs. (AII organizations must complete this part.) See instructions. The organization is not a private foundation because it is: (For lines 1 through 12, check only one box.) 1 0 A church, convention of churches, or association of churches described in section 170(b)(1)(A)(i). 2 0 A school described in section 170(b)(1)(A)(ii). (Attach Schedule E (Form 990).) 3 0 A hospital or a cooperative hospital service organization described in section 170(b)(1)(A)(iii). 4 0 A medical research organization operated in conjunction with a hospital described in section 170(b)(1)(A)(iii). Enter the hospital's name, city, and state: 5 0 An organization operated.. „ for the benefit of a college or university owned or operated by a governmental unit described in section 170(b)(1)(A)(iv). (Complete Part II,) 6 A federal, state, or focal government or governmental unit described in section 170(b)(1)(A)(v). 7 0 An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in section 170(b)(1)(A)(vi). (Complete Part IL) a [] A community trust described in section 170(b)(1)(A)tvi). (Complete Part 11.) 9 0 An agricultural research organization described in section 170(b)(1)(A)(ix) operated in conjunction with a land-grant college or university or a non-land-grant college of agriculture (see instructions). Enter the name, city, and state of the college or university: 10 An organization that normally receives (1) more than 33 1/3% of its support from contributions,r .w.w...m, membership fees, and gross receipts from activities related to its exempt functions, subject to certain exceptions; and (2) no more than 33 1/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.) 11 0 An organization organized and operated exclusively to test for public safety. See section 509(a)(4). 12 0 An organization organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the purposes of one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2). See section 509(a)(3). Check the box on lines 12a through 12d that describes the type of supporting organization and complete lines 12e, 12f, and 12g. a 0 Type I. A supporting organization operated, supervised, or controlled by its supported organization(s), typically by giving the supported organfzation(s) the power to regularly appoint or elect a majority of the directors or trustees of the supporting organization. You must complete Part IV, Sections A and B. b 0 Type II. A supporting organization supervised or controlled in connection with its supported organization(s), by having control or management of the supporting organization vested in the same persons that control or manage the supported organization(s). You must complete Part IV, Sections A and C. c E:] Type III functionally integrated. A supporting organization operated in connection with, and functionally integrated with, its supported organization(s) (see instructions). You must complete Part IV, Sections A, D, and E. d 0 Type III non-functionally integrated. A supporting organization operated in connection with its supported organization(s) that is not functionally integrated. The organization generally must satisfy a distribution requirement and an attentiveness requirement (see instructions). You must complete Part IV, Sections A and D, and Part V. e EJ Check this box if the organization received a written determination from the IRS that it is a Type I, Type II, Type III functionally integrated, or Type III non-functionally integrated supporting organization. f Enter the number of supported organizations LHA For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990 -EZ. 132021 01-04-22 Schedule A (Form 990) 2021 405 Schedule A (Form 990 2021 Vita Nova � I I1C . 65-0298299 Pa ,gee 2 ark III upport Schedule for Organizations Described in Sections 170 b}(1}(A)iV and 170 1 (Rvi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the organization failed to qualify under Part III. If the organization fails to qualify under the tests listed below, please complete Part III.) Calendar year (or flscal year beginning in) )P- 1 1 Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") 2 Tax revenues levied for the organ- ization's benefit and either paid to or expended on its behalf 3 The value of services or facilities furnished by a governmental unit to the organization without charge 4 Total. Add lines 1 through 3 ......... 5 The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f) .................................... 6 Public support. subtract line 5 from tine 4. Section B. Total Sunnort 3.1 2241629.w 2721494.;,1 2962390. [ 3175292.4.2773838. . 12962390 . i 31 Calendar year (or fiscal year beginning in) 10- a 2017 jb� 2018_ _�c 2019 (d), 2020 Jg 2021 7 Amounts from line ..................... 1673033.2241629.' 2721494. �m 2962390. .,., 3175292. 8 Gross income from interest, dividends, payments received on securities loans, rents, royalties, and income from similar sources _.. 5 612. 2L 770. 219 9 Met income from unrelated business activities, whether or not the business is regularly carried on 10 Other income. Do not include gain or loss from the sale of capital assets (Explain in Part A.) .._...._.._. 11 Total support. Add lines 7 through 10 12 Gross receipts from related activities, etc. (see instructions) ......... ................................................. 12 13 First 5 years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) 1210328. 1563510. 76, - - - - - ----- --- -- -- - ........ ........... �:- Sectio n C, Computation of Public Support Percentage 14 PubRc support percentage for 2021 15 Public support percentage from 202011 Schedule An Part II?line dee b4 line 11, column {..) .......................-.-....... 15, 993.34 6/a 15a 331/3% support test - 2021. If the organization did not check the box on line 13, and line 14 is 33 1 /3% or more, check this box and stop here. The organization qualifies as a publicly supported organization ........................................ jo. [X b 33 1/36/6 support test - 2020. If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3546 or more, check this box and stop here. The organization qualifies as a publicly supported organization 0 17a 10% -facts-and-circumstances test - 2021. If the organization did not check a box online 13, 16a, or 16b, and line 14 is 10% or more, and if the organization meets the facts -and -circumstances test, check this box and stop here. Explain in Part VI how the organization meets the facts -and -circumstances test, The organization qualifies as a publicly supported organization .......... I............... b 106/6 -facts-and-circumstances test - 2020. If the organization did not check a box online 13, 16a, 16b, or 17a, and line 15 is 10% or more, and if the organization meets the facts -and -circumstances test, check this box and stop here. Explain in Part VI how the organization meets the facts -and -circumstances test. The organization qualifies as a publicly supported organization 10. ggh' 1f3 Private foundation. If the organization did not check a box online 13, 16a 16b, 17a„ or 17b„ check tis box and see instructions ......... Schedule A (Form 990) 2021 1321722 01-04-22 13570721 784176 1508700 15 2021.06000 VITA NOVA, INC. 150870n' Schedule AForm 99212021 Vita t Nova, " 65-0298299 P49,3 u e orrg nlatosDescribed m ection a�� (Complete only if you checked the box on line 10 of Part I or if the organization failed to qualify under Part Il. If the organization fails to gualifunder the tests listed below, ilease com fete Part ll.a Sprtinn A- _"', _ Puhlir Sr>tnnnrf Calendar year or fiscal year be l .�.. m w � ? y ( y g nning in) ► i a 2017 orb' 2018 c 2019 d 2420 e� 2027m �� Total I Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") 2 Gross receipts from admissions, merchandise sold or services per- formed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose 3 Gross receipts from activities that are not an unrelated trade or bus- iness under section 513 ...............mnnnn� mmm 4 Tax revenues levied for the organ- ization's benefit and either paid to or expended on its behalf 5 The value of services or facilities furnished by a governmental unit to the organization without charge 6 Total. Add lines 1 through 5 --.--.--. 7a Amounts included on lines 1, 2, and 3 received from disqualified persons b Amounts included on lines 2 and 3 received'''' ham other than disqualified persons that exceed the greater of $5,040 or 1% of the amount on line 13 for the year .................. c Add lines 7a and 7b ..................... .......� ..... 8 Public support. �sublractlineicfrw�Lnefi. E -11111 i Section B. Total Support -- Calendar year (orfiscal year beginning in) 10. a 2017 by 2018 d 2019 11j,dm2020w a 2021 9 Amounts from line 6jl ..................... 10a Gross income from interest, dividends, payments received on securities loans, rents, royalties, and income from similar sources b Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975 c Add lines 1 Da and 10b 11 Net income from unrelated business activities not included on line 10b, whether or not the business is regularly carried on 12 Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.) ....--.----- .... 13 Total support. (Add lines s" 1oc" 11, and 12.) 14 First 5 years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and stop here ...... .......................................................... .............. . section c.., computation of PMR!!! S , ort Percentage n �� , 15 Public support percentage for 2021 (line 8, column (f), divided by line 13, column (f)}�-....,. 15.. % 1 EL rom 2020 e A, Part section D. Computation tof InvestmentlIcomellPercenta a is mm "mm ° 18 Investment income percentage from 202011 Schedule A, Part Ill, divided byline 13, column :::. - 18 ss. ..m 17 Investment income percentage (fl, Y (fl) 19a 33 1/3% support tests - 2021. If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization J00. b 33 1/30/6 support tests - 2020. if the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3%, and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization lo� 0 20 Private foundation. If the organization did not check a box on line 14 190 or 19b check this box and see instructions 132023 01-04-22 Schedule A (Form 990) 2021 16 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870Al 407 Schedule A±orm990 2021 _ Vita Nova,, Inc. 65-0298299 Pa ea rt a Supporting Organizations a. (Complete only if you checked a box In line 12 on Part I. If you checked box 12a, Part I, complete Sections A and B. If you checked box 12b, Part 1, complete Sections A and C. If you checked box 12c, Part I, complete Are all of the organization's supported organizations listed by name in the organization's goveming documents? If "No, " describe in Part VI how the supported organizations are designated, if designated by class or purpose, describe the designation. If historic and continuing relationship, explain. 2 Did the organization have any supported organization that does not have an IRS determination of status under section 509(a)(1) or (2)? !f "Yes, " explain in Part VI how the organization determined that the supported organization was described in section 509(a)(1) or (2). 3a Did the organization have a supported organization described in section 501(c)(4), (5), or (6)? if "Yes," answer lines 3b and 3c below. b Did the organization confirm that each supported organization qualified under section 501(c)(4), (5), or (6) and satisfied the public support tests under section 509(a)(2)? If "Yes, " describe in Part VI when and how the organization made the determination. c Did the organization ensure that all support to such organizations was used exclusively for section 170(c)(2)(B) purposes? if "Yes, " explain in Part VI what controls the organization put in place to ensure such use. 4a Was any supported organization not organized in the United States ("foreign supported organization")? if "Yes, " and if you checked box 12a or 12b in Part 1, answer lines 4b and 4c below. b Did the organization have ultimate control and discretion in deciding whether to make grants to the foreign supported organization? if "Yes," describe in Part VI how the organization had such control and discretion despite being controlled or supervised by or in connection with its supported organizations. c Did the organization support any foreign supported organization that does not have an IRS determination under sections 501(c)(3) and 509(a)(1) or (2)? if "Yes," explain in Part VI what controls the organization used to ensure that all support to the foreign supported organization was used exclusively for section 170(c)(2)(B) purposes. 5a Did the organization add, substitute, or remove any supported organizations during the tax year? if --yes,-- answer Yes,"answer lines 5b and 5c below (if applicable). Also, provide detail in Part VI, including (r) the names and EUV numbers of the supported organizations added, substituted, or removed, fir) the reasons for each such action; (1fl) the authority under the organization's organizing document authorizing such action; and ) how the action was accomplished (such as by amendment to the organizing document). b Type I or Type 11 only. Was any added or substituted supported organization part of a class already designated in the organization's organizing document? c Substitutions only. Was the substitution the result of an event beyond the organization's control? 6 Did the organization provide support (whether in the form of grants or the provision of services or facilities) to anyone other than (i) its supported organizations, (ii) individuals that are part of the charitable class benefited by one or more of its supported organizations, or (iii) other supporting organizations that also support or benefit one or more of the filing organization's supported organizations? if 'yes,', provide detail in Part VI. 7 Did the organization provide a grant, loan, compensation, or other similar payment to a substantial contributor (as defined in section 4958(c)(3)(C)), a family member of a substantial contributor, or a 35% controlled entity with regard to a substantial contributor? !f "Yes, " complete Part I of Schedule L (Form 990). 8 Did the organization make a loan to a disqualified person (as defined in section 4958) not described on line 7? If "Yes,' complete Part I of Schedule L (Form 990). 9a Was the organization controlled directly or indirectly at any time during the tax year by one or more disqualified persons, as defined in section 4946 (other than foundation managers and organizations described in section 509(a)(1) or (2))? If "yes," provide detail in Part VI, b Did one or more disqualified persons (as defined on line 9a) hold a controlling interest in any entity in which the supporting organization had an interest? If "Yes," provide detail in Part VI. c Did a disqualified person (as defined on line 9a) have an ownership interest in, or derive any personal benefit from, assets in which the supporting organization also had an interest? !f "Yes, " provide detail in Part VI. 10a Was the organization subject to the excess business holdings rules of section 4943 because of section 4943(f) (regarding certain Type II supporting organizations, and all Type III non -functionally integrated supporting organizations)? If "Yes," answer line 10b below. b Did the organization have any excess business holdings in the tax year? (Use Schedule C, Form 4720, to 132024 01-04-21 13570721 784176 1508700 17 2021.06000 VITA NOVA, INC. Schedule A (Form 990) 2021 150870- 408 11 Has the organization accepted a gift or contribution from any of the following persons? a A person who directly or indirectly controls, either alone or together with persons described on lines 11 b and 11 c below, the governing body of a supported organization? b A family member of a person described on line 11a above? c A 35% controlled entity of a person described on line 11 a or 11 b above? if "Yes" to line I la, 11b, or 11c, provide 1 Did the governing body, members of the governing body, officers acting in their official capacity, or membership of one or more supported organizations have the power to regularly appoint or elect at least a majority of the organization's officers, directors, or trustees at all times during the tax year? If "No," describe in Part VI how the supported organization(s) effectively operated, supervised, or controlled the organization's activities. If the organization had more than one supported organization, describe how the powers to appoint and/or remove officers, directors, or trustees were allocated among the supported organizations and what conditions or restrictions, if any, applied to such powers during the tax year. 2 Did the organization operate for the benefit of any supported organization other than the supported organizations) that operated, supervised, or controlled the supporting organization? If "Yes," explain in Part VI how providing such benefit carried out the purposes of the supported organization(s) that operated, 1 Were a majority of the organization's directors or trustees during the tax year also a majority of the directors or trustees of each of the organization's supported organization(s)? if "No," describe in Part VI how control or management of the supporting organization was vested in the same persons that controlled or managed 1 Did the organization provide to each of its supported organizations, by the last day of the fifth month of the organization's tax year, (i) a written notice describing the type and amount of support provided during the prior tax year, (ii) a copy of the Form 990 that was most recently filed as of the date of notification, and (iii) copies of the organization's governing documents in effect on the date of notification, to the extent not previously provided? 2 Were any of the organization's officers, directors, or trustees either (i) appointed or elected by the supported organization(s) or (ii) serving on the governing body of a supported organization? If "No," explain in Part VI how the organization maintained a close and continuous working relationship with the supported organization(s). 3 By reason of the relationship described on line 2, above, did the organization's supported organizations have a significant voice in the organization's investment policies and in directing the use of the organization's income or assets at all times during the tax year? if "Yes," describe in Pari VI the role the organization's 1 Check the box next to the method that the organization used to satisfy the Integral Part Test during the year (see instructions). a M The organization satisfied the Activities Test. Complete line 2 below. b 0 The organization is the parent of each of its supported organizations. Complete line 3 below. c 0 The organization supported a governmental entity. Describe in Part VI how you supported a governmental entity (see ins 2 Activities Test. Answer lines 2a and 2b below. a Did substantially all of the organization's activities during the tax year directly furtherthe exempt purposes of the supported organization(s) to which the organization was responsive? If "Yes,,' then in Part VI identify those supported organizations and explain how these activities directly furthered their exempt purposes, how the organization was responsive to those supported organizations, and how the organization determined that these activities constituted substantially all of its activities. b Did the activities described on line 2a, above, constitute activities that, but for the organization's involvement, one or more of the organization's supported organization(s) would have been engaged in? if ,Yes," explain in Part VI the reasons for the organization's position that its supported organization(s) would have engaged in these activities but for the organization's involvement. 3 Parent of Supported Organizations. Answer lines 3a and 3b below. a Did the organization have the power to regularly appoint or elect a majority of the officers, directors, or trustees of each of the supported organizations? If "Yes" or "No" provide details in Part VI. b Did the organization exercise a substantial degree of direction over the policies, programs, and activities of each 132025 01-04-22 13570721 784176 1508700 18 2021.06000 VITA NOVA, INC. No No Schedule A (Form 990) 2021 150870n1 409 I_1 I worm 99ot 2oz-L m Vita Nova, Inc. 65- 0 298299 Parye � _ Type III Non -Functionally Integrated 509(a)(3) Supporting Organizations Check he ,- .............. ....... ,,,, re if the organization satisfied the Integral Part Test as a qualifying trust on Nov. 20, 1970 ( explain in Part VI). See instructions. All other T N e III non iunctionallt integrated su ortm o 2! nizations must co rrvlete Sections A through E, . ...... .,.,.,., . ........,,. (B) Current Year Section A - Adjusted Net Income (A) Prior Year (optional) 1 Net short-term cap ital fain 2 Recoveries of prior -year distributions 2 3 Other Gross income (see instructional 3 r 4 Add lines 1 through 3. 5 Depreciation and depletion 6 Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of ars r�_ert held for (;Aroduction of income isee instr e s Psee ru 7 ........ ter instctions^. x� erase ..�...mmm m 8 Adiusted Net Income (subtract lines 5. 6. and 7 from line 44, Section B - Minimum Asset Amount 1 Aggregate fair market value of all non -exempt -use assets (see e Discount claimed for blockage or other factors 4 Cash deemed held for exempt use. Enter 0.015 of line 3 (for greater amount, Section C - Distributable Amount 6 (B) Current Year (A) Prior Year (optional) Current Year 5 Income tax imposed in prior dear 5 6 Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporan�� reduction (see instructions sm � 6 7 0 Check here if the current year is the organization's first as a non -functionally integrated Type III supporting organization (see instructions). Schedule A (Form 990) 2021 132026 01-04-22 19 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870n' 410 Vita 2 Amounts paid to perform activity that directly furthers exempt purposes of supported 8 Distributions to attentive supported organizations to which the organization is responsive Section E - Distribution Allocations (see instructions) 2 Underdistributions, if any, for years prior to 2021 (reason- nhle eni ice rwmirorl . '.. Cnrf ulI, Coa incfn infinnc 4 Distributions for 2021 from Section D, 5 Remaining underdistributions for years prior to 2021, if any. Subtract lines 3g and 4a from line 2. For result greater 6 Remaining underdistributions for 2021. Subtract lines 3h and 4b from line 1. For result greater than zero, explain in 7 Excess distributions carryover to 2022. Add lines 3j 132027 01-04-22 13570721 784176 1508700 (i) (ii) Excess Distributions Underdistributions Pre -2021 20 2021.06000 VITA NOVA, INC. 8299 (iii) Distributable Amount for 2021 Schedule A (Form 990) 2021 150870n1 411 Schedule A(Form 992.2021 Vita Nova Inc. 65_-0298299 Paige Ta Supplemental Information. Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; Part III, line 12; Part IV, Section A, lines 1, 2, 3b, 3c, 4b, 4c, 5a, 6, 9a, 9b, 9c, 11 a, 11 In, and 11c; Part IV, Section B, lines 1 and 2; Part IV, Section C, line 1; Part IV, Section D, lines 2 and 3; Part IV, Section E, lines 1c, 2a, 2b, 3a, and 3b; Part V, line 1; Part V, Section B, line 1 e; Part V, Section D, lines 5, 6, and 8; and Part V, Section E, lines 2, 5, and G. Also complete this part for any additional information. See instructions.' 132028 01-04-22 13570721 784176 1508700 21 2021.06000 VITA NOVA, INC. Schedule A [Form 990] 2021 150870412 Schedule B1 Schedule of Contributors (Form 990) I Attach to Form 990 or Form 990 -PF. Department of the Treasury I � Go to www.irs.gov/Form990 for the latest information. Internal Revenue Service Name of the organization Vita Nova, Inc. Organization type (check one); Filers of: Section: Form 990 or 990 -EZ [X 50l (c)( 3 ) (enter number) organization EJ 4947(a)(1) nonexempt charitable trust not treated as a private foundation 0 527 political organization Form 990 -PF EI] 501(c)(3) exempt private foundation Q 4947(a)(1) nonexempt charitable trust treated as a private foundation 0 501(c)(3) taxable private foundation Mia No. 15450047 2021 Employer identification number r: 61=11MUP; Check if your organization is covered by the General Rule or a Special Rule. Note. Only a section 501(c)(7), (8), or (10) organization can check boxes for both the General Rule and a Special Rule. See instructions. General Rule 0 For an organization filing Form 990, 990 -EZ, or 994 -PF that received, during the year, contributions totaling $5,000 or more (in money or property) from any one contributor. Complete Parts I and Il. See instructions for determining a contributor's total contributions. Special Rules []X For an organization described in section 501(c)(3) filing Form 990 or 990 -EZ that met the 33 1/3% support test of the regulations under sections 509(a)(1) and 170(b)(1)(A)(vi), that checked Schedule A (Form 990), Part II, line 13,16a, or 16b, and that received from any one contributor, during the year, total contributions of the greater of (1) $5,000; or (2) 2% of the amount on (i) Form 990, Part VIII, line 1 h; or (ii) Form 990 -EZ, line 1. Complete Parts I and Il. For an organization described in section 501(c)(7), (8), or (10) filing Form 990 or 990 -EZ that received from anyone contributor, during the year, total contributions of more than $1,000 exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals. Complete Parts I (entering "N/A" in column (b) instead of the contributor name and address), Il, and III. LLI For an organization described in section 501(c)(7), (8), or (10) filing Form 990 or 990 -EZ that received from any one contributor, during the year, contributions exclusively for religious, charitable, etc., purposes, but no such contributions totaled more than $1,000. If this box is checked, enter here the total contributions that were received during the year for an exclusively religious, charitable, etc., purpose. Don't complete any of the parts unless the General Rule applies to this organization because it received nonexclusively religious, charitable, etc., contributions totaling $5,000 or more during the year ................ 111- $ Caution: An organization that isn't covered by the General Rule and/or the Special Rules doesn't file Schedule B (Form 990), but it must answer "No" on Part IV, line 2, of its Form 990; or check the box on line H of its Form 990 -EZ or on its Form 990 -PF, Part I, line 2, to certify that it doesn't meet the filing requirements of Schedule 8 (Form 990), LHA For Paperwork Reduction Act Notice, see the instructions for Form 990, 990 -EZ, or 990 -PF. Schedule B (Form 990) (2021) 123451 11-11-21 413 Schedule B (Form 990) (2021) Page 2 Name of organization Employer identification number Vita Nova, Inc. 65--0298299 Part I Contributors (see instructions). Use duplicate copies of Part I if additional space is needed. (a) (b) (c} (d) No. Name, address, and ZIP + 4 Total contributions Type of contribution Person 0 Payroll 0 $ 215, 579. Noncash 0 (Complete Part II for noncash contributions.) (a) (b) (c} (d) No. Name, address, and ZIP + 4 Total contributions Type of contribution 2 Person XD Payroll 0 - �...,.,................... $ 0 , 000. Noncash 0 (Complete Part II for noncash contributions.) (a) (b) (C) (d) No. Name, address, and ZIP + 4 Total contributions Type of contribution 3 Person XC7 Payroll 0 $ 12 5, 0 0—.0 Noncash 0 (Complete Part II for noncash contributions.) (a) (b) (c) (d) No. Name, address, and ZIP + 4 Total contributions Type of contribution 4 nn»»»nnn»»»nnnm --- ....... Person FRI Payroll ,.,.,.... $ 474, 203. �...............�, Noncash 0 (Complete Part II for noncash contributions.) (a) No. 5 (a) No. 6 123452 11-11-21 13570721 784176 1508700 (b) ass, and ZIP + 4 (b) w. and ZIP + 4 (c) (d) Total contributions Type of contribution Person 0 Payroll $ 197,557. Noncash 0 (Complete Part II for noncash contributions.) (c) (d) Total contributions T e of contribution Person X-1 Payroll 0 $ 150,000. Noncash 0 (Complete Part II for noncash contributions.) 24 2021.06000 VITA NOVA, INC. 150870414 Schedule B (Form 990) (2021) Page 2 Name of organization Employer identification number Vita Nova, Inc. 65-0298299 Part I Contributors (see instructions). Use duplicate copies of Part I if additional space is needed. (a) (b) M (d) No. Name, address, and ZIP + 4 Total contributions Type of contribution 7 . ............ Person M Payroll 1:71 $ 15 2, 9 9 7. Noncash E71 (Complete Part 11 for noncash contributions.) (b) M (d) No. Name, address, and ZIP + 4 Total contributions Ty,,pe of contribution 8 Person ELI Payroll F-1 $ Noncash (Complete Part 11 for noncash contributions.) (a) (b) M (d) No. Name, address, and ZIP + 4 Total contributions Type of contribution 9 . . ............... . . . . . . ......................... . Person Payroll F-1 $ 19 4 3 4 4 Noncash 0 (Complete Part 11 for noncash contributions.) (a) (b) No. Name, address, and ZIP + 4 10 (a) M No. Name, address, and ZIP + 4 11 (a) (b) No. Name, address, and ZIP + 4 12 123452 11-11-21 13570721 784176 1508700 M (d) Total contributionsotribution --REe of contribution ........................................ . . Person Fx-1 Payroll $ 102,239. Noncash (Complete Part 11 for noncash contributions.) M (d) Total contributions jjg5e of contribution Person OX Payroll $ 506,619. Noncash (Complete Part 11 for noncash contributions.) (d) Total contributions Type of contribution,,,-, Person 0 Payroll $ 160 713 Noncash (Complete Part 11 for noncash contributions.) Schedule B (Form 990) (2021) 25 2021.06000 VITA NOVA, INC. 150870n1 415 Schedule B (Form 990) (2020 Page 3 Name of organization Employer identification number Vita Nova, Inc. 65-0298299 Part H Noncash Property (see instructions). Use duplicate copies of Part 11 if additional space is needed. (a) No. (b) (cl (d) from Description of noncash property given FMV (or estimate) (See instructions.) Date received Part I No. (c) (d) from Description of noncash property given FMV (or estimate) Date received Part I (See instructions.) No. (b) (d) from Description of noncash property given FMV (or{estimate) Date received Part (See instructions.) (a) No. (d) from Description of noncash property given FMV or{estimate) (See (or ) Date received Part {a} No. (b) (c) (d) from Description of noncash property given FMV (or estimate) (See instructions.) Date received Part I (a) (c} No. (b) FMV (or estimate} (d) from Description of noncash property given (See instructions.) Date received Part I . 123....... ... mm ... 453 11-11-21 SChedUle B Form 990) (2027) 26 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870' (Form 990) (2) Schedule or 021Page 4 .. mm....... Name of organization Employer identification number Vita Nova, _Inc. 65-0298299 a Exclusively religious, charitable, etc., contributions to organizations described in section 501(c)(7)—, (8}, ar 10 that total more than $1,0130 ( ) 000 for the year from any one contributor. Complete columns (a) through (e) and the following line entry. For organizations completing Part III, enter the total of exclusively religious, charitable, etc., contributions of $1,000 or less tar the year. (Enlerthis No, Once.) Use duplicate colAes of Pari: III if additional space is needed. (a) No. from (b) Purpose of gift (c) Use of gift (d) Description of how gift is held Part I ,n (e) Transfer of gift Transferee's name address and ZIP + 4 Relationshl rp of transferor to transferee (a) No. from (b) Purpose of gift (c) Use of gift (d) Description of how gift is held Part (e) Transfer of gift Transferees name address Relationships of transferor to transferee �...ess and ZIP + 4 _ .,, (a) No. from (b) Purpose of gift (c) Use ofg' rft Part I (d) Description of how gift is held (e) Transfer of gift Transferee's name,, address, and ZIP + 4 Relationshof transferor to transferee from (b) Purpose of gift (c) Use ofg' ift Part I (d) Description of how gift is held (e) Transfer of gift Transferee's name address and ZIP + 4 Relationshi ;r of transferor to transferee 123454 11-11-21 Schedule B (Form 990) (2021) 27 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870n1 417 Supplemental Financial Statements 9M.BNo. 1545.0047 SCHEDULED pp (Form 990) 10� Complete if the organization answered "Yes" on Form 990, Part IV, line 6, 7, 8, 9, 10, Ila, 1lb, 1 lc, 11d, 11e, I If, 12a, or 12b. 2021 Department of the Treasury ► Attach to Form 990. Open to Public intern ai Revenue service Go to www.irs. v/Form990 for instructions and the latest information. Inspection Name of the organization Employer identification number Vita Nova, Inc. 1 65-0298299 Pott I Organizations Maintaining Donor Advised Funds or Other Similar Fun . ds or Accounts. Complete if the organization answered "Yes" on Form 990, Part IV, line 6. a Donor adviseI'ldI�ll", Imm...�, (] funds {b) Funds and other accounts 1 Total number at end of year .__._.._ 2 Aggregate value of contributions to (during year) 3 Aggregate value of grants from (during year) _ 4 Aggregate value at end of year _.. _ 5 Did the organization inform all donors and donor advisors in writing that the as ...mmm ., sets held in donor advised funds are the organization's property, subject to the organization's exclusive legal control? ............................. _...................... . 0 Yes 0 No 6 Did the organization inform all grantees, donors, and donor advisors in writing that grant funds can be used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring im,.,ermissible,Mvatebenefit? - .......................................... .......................................................... I Yes g No Park II .....„ Conservation Easements. Complete if the organization answered "Yes" on Form 990, Part IV, line 7. , I Purpose(s) of conservation easements held by the organization (check all that apply). Preservation of land for public use (for example, recreation or education) Preservation of a historically important land area Protection of natural habitat Preservation of a certified historic structure 0 Preservation of open space 2 Complete lines 2a through 2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year. I Held at the End of the Tax Year a Total number of conservation easements ............ b Total acreage restricted by conservation easements .............................................................................. c Number of conservation easements on a certified historic structure included in (a) d Number of conservation easements included in (c) acquired after 7/25/06, and not on a historic structure listed in the National Register .............. 2d N 3 Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the tax VIII year* �..............................r 4 Number of states where property subject to conservation easement is located ► 5 Does the organization have a written policy regarding the periodic monitoring, inspection, handling of violations, and enforcement of the conservation easements it holds? . = Yes 0 No 6 Staff and volunteer hours devoted to monitoring, inspecting, handling of violations, and enforcing conservation easements during the year 7 Amount of expenses incurred in monitoring, inspecting, handling of violations, and enforcing conservation easements during the year I/$ a Does each conservation easement reported on line 2(d) above satisfy the requirements of section 170(h)(4)(B)(i) and section 170(h)(4)(13)(11)? 0 Yes No 9 In Part X111, describe how the organization reports conservation easements in its revenue and expense statement and balance sheet, and include, if applicable, the text of the footnote to the organization's financial statements that describes the organization's accounting for conservation easements. ..mm�m.mmm..,.mmm.,.,... , ....mm�mmm ........�— .. m. . Part 111 Organizations Maintaining Collec,ti..ons of art..,mmm Hmis.to.rical Treasures, or Other Similar Assets. Complete if the organization answered "Yes" on Form 990, Part IV, line 8. . .. 'la If the organization elected, as permitted under FASB ASC 958, not to report inits revenue,,, statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide in Part XIII the text of the footnote to its financial statements that describes these items. If the organization elected, as permitted under FASB ASC 958, to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide the following amounts relating to these items: (1) Revenue included on Form 990, Part Vill, line 1 ... _ . (Ii) Assets included in Form 990, Part X I► $ 2 If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the following amounts required to be reported under FASB ASC 958 relating to these items: a Revenue included on Form 990, Part VIII, line 1 .... I► $ b Assets included in Form 990, Part X—............................................................... _ 1' LHA For Paperwork Reduction Act Notice, see the Instructions for Form M. Schedule D (Form 990) 2021 132051 10-28-21 1.3570721 784176 1508700 28 2021.06000 VITA NOVA, INC. 150870418 Nova. Inc. 65-0298299 Par°e2 g Collections of Art, Historical Treasures, or OtherSimilarAssets 3 Using the organization's acquisition, accession, and other records, check an g .w,.... .� y of the following that make significant use of its collection items (check all that apply): a El Public exhibition d 0 Loan or exchange program b 0 Scholarly research e =Other c [] Preservation for future generations 4 Provide a description of the organization's collections and explain how they further the organization's exempt purpose in Part XIII. 5 During the year, did the organization solicit or receive donations of art, historical treasures, or other similar assets 6 o be maintained as art of Part IV sold Escrow and CustodialtArrangements. MComplete if the'rl ogani aanswered swered "Yes" mon Form 990, Part IV, line 9, e No 9, or _ reported an amount on Form 990, Part X, line 21. la Is the organization an agent, trustee, custodian or other intermediary asset 'nt for contributions or other s not included on Form 990, Part X? Yes No b If "Yes," explain the arrangement in Part XIII and complete the following table: _ Amount c Beginning balance d Additions during the year .......... m ... �. ........................................................... e Distributions during the year ._._ f Ending balance if 2a Did the organization include an amount on Form 990, Part X, line 21, for escrow or custodial account liability? ...._. _... _. [] Yes 0 No b If Yes " exc'Mlain the Arran ement in Part XIII Check here if the explanation has been Fravided on Part XIII ee art V Endowment Funds. Complete if the or anization answered "Yes' on Form 990, Part IV line 10. aO Curren Year (b) Prior Oc Two back Od Three back (e} Four years back is Beginning of year balance b Contributions ......................................... c Net investment earnings, gains, and losses d Grants or scholarships .......... e Other expenditures for facilities and programs ..... f Administrative expenses g End of year balancervry 2 Provide the estimated percentage of the current year end balance line 1 column a p g � Y ( g, ( }) held as: a Board designated or quasi -endowment b Permanent endowment I► c Term endowment l► The percentages on lines 2a, 2b, and 2c should equal 100%. 3a Are there endowment funds not in the possession of the organization that are held and administered for the organization Y.,.,., by s No (i) Unrelated organizations 311 1i } (ii) Related organizations ........................... ........ 3aii, ............................... ............................... _ b If "Yes" on line 3a(ii), are the related organizations listed as required on Schedule R? 3b g Equipment. ,,,, ment funds. 4 Describe in Part XIII the, intended uses of the oranizatior s endoww„ .. .... ^ Part VI Land Buildings, and E ui ment. Complete if the organization answered "Yes' on Form 990, Part IV, line 11 a. See Form 990, Part X, line 10. Description f property (a) Cost or other (b) Cost or other (c) Accumulated (d) Book value 1, basis (Investmen I basis (other) depreciation is Land ............................................................ b Buildings c Leasehold improvements d Equipment ._....... ................ ............................... 132052 10-28-21 13570721 784176 1508700 388 624 . 1 748 135. 1 141 X649. 1M781t274. 13;_562. 311J29. 119, 832. 122�034.1`--,f5—, 5 5 9 . 29 2021.06000 VITA NOVA, INC. Schedule D (Form 990) 2021 150870nl 419 Schedule D�Formszo2lmmmmmmmmmmm Vita Nova Inc. 65-0298299 Pa��e3 Part VII Investments - Other Securities. Complete if the organization answered "Yes" on Form 990, Part IV, line 11 b. See Form 990, Part X, line 12. (a) Description 61!;e raegory (including name of security) b Book value (c) Method of valuation: Cost or end -of -year market value (1) Financial derivatives (2) Closely held equity interests (3) other Complete if the organization answered "Yes" on Form 990, Part IV, line 11e or 11 f. See Form 990, Part X, line 25. 2. Liability for uncertain tax positions. In Part XIII, provide the text of the footnote to the organization's financial statements that reports the organization's liabiWy, for uncertain tax positions under FASB ASC 740. Check here if the text of the footnote has been provided in Part XIII _. s Schedule D (Form 890) 2021 132053 10-28-21 30 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870420 Schedule D I'Form 990; , Inc. 65-0298299 Pate 4 T=ari7kf W&Y6-ncHli �tion of Re per Audited Financial Statements t'atements With Revenue per Return. Comrilete if,the oM4�ti��tion answered "Yes" on Form 990, Part n 1 Total revenue, gains, and other support per audited financial statements .... ...... ................... ....... 1 1,783.150. . ......... 2 Amounts included on line 1 but not on Form 990, Part Vill, line 12: a Net unrealized gains (losses) on investments ...... - .... I .......... ....... 2a -177 175. b Donated services and use of facilities ......... 2b c Recoveries of prior year grants 2c d Other (Describe in Part XIII.) 1 , 0 2 ........... 2d 6 2 * Add lines 2a through 2d ...................... * ........................................................................... ................. 2 -1,203A57. .......... 3 Subtract line 2e from line I ............... .......................... ........................... ............ ...... - ...... 2,9 8 6, 6 0 7. 4 Amounts included on Form 990, Part VIII, line 12, but not an line 1: * Investment expenses not included on Form 990, Part Vill, line 7b ..... ........... 4a 10,645. b Other (Describe in Part XIII.}........... _ ........................... 44b 2 a 5 .5 —7 9 . oAdd lines 4a and 4b ................................. .......................... ............................................. 4c, 226,12241., 5 Total revenue. Add I ines 3 and IS. g4,�� ...... ........... - --- --- ............. 831. Part X J Reconciliation of Expenses per Audited Financial Statements With Expenses per Return. Complete if the organization answered "Yes" on Form 990, Part IV, line 12a. I Total expenses and losses per audited financial statements .................. ...................... 1 3,45 52. 2 Amounts included on line I but not on Form 990, Part IX, line 25: a Donated services and use of facilities .................................... b Prior year adjustments ...................................... 2: c Other losses 2c d Other (Describe'i'n'P'a'r't*'X'1"1'1.) .............................................................................. ................................................. .... _ ..... 2d * Add lines 2a through 2d ............. ....... ...... ...... ____ ........................... 2e 7 1 3 8 4 3 Subtract line 2e from line I ................ ...... ............................. - ....................... ................. 3 3,180 868. ................. . . . 4 Amounts included on Form 990, Part IX, line 25, but not on line 1: * Investment expenses not included on Form 990, Part VIII, line 7b ................ ........ 10,645. b Other (Describe in Part A I I.) .......................... 215,579. .................. a Add lines 4a and 4b.......... .................... .......................... ................ 226,224. 5 Total expenses. Add lines 3 and 4c.,(I,f,;A I�Jjqt,v't Frj,�-JJ T,)5�,f f ffq ......................................... - s 4c 3.461 ... ........... 0........ 9-2. Provide the descriptions required for Part 11, lines 3, 5, and 9; Part III, lines 1 a and 4; Part IV, lines I b and 2b; Part V, line 4; Part X, line 2; Part XI, lines 2d and 4b: and Part XII, lines 2d and 4b. Also complete this part to provide any additional information. a.p:4Pj,ic �,s rted organizationt which is not a Private foundation under 34jRk_q 509(a) of the Code. Income from certain activities not directiv related to the QKR#Rization's tax-exemp se is subject to taxation as i-PRU2 ................................................................................................. unrelated business income. Accordip21�o ab li for income .......... is nli�_ taxes reflected in these financial statements. MUMMMOMMM MUM UUMM, I ME, ::: W!, 0 9 - 2Eactiqe. associated with certain.�apjLe r qts of measurement andecognition in 132054 10-28-21 Schedule D (Form 990) 2021 31 13570721 784176 1508700 2021-06000 VITA NOVA, INC. 150870ni 421 Schedule D fform 990) 2021 Vita Nova, Inc. 65-0298299 Pages �Part XIII Supplemental information �'r��0,tinued� accounting for income taxes, It rrvescribes a recognition threshold and measurement attribute for financial statement recognition and measurement of a tax position that an entit takes or ex ects to take in a tax return. An ent its ma on1 reco'nize or continue to recognize tax positions that meet a "more li ranzation assesses its kel than not threshold. The 0 rvrvrvry �management's evaluation income tax o s �. t i ons based on of the facts,m� circumstances, and information oavailable at the reporti:q2__qate. The Oranazation uses the rescri e more likely than not threshold when making its assessment. There are currently, no open federal or state tax ears � underaudit . „ Part XI. Line 2d - Other Adiustments: Consolidated Audit Reoort Revenue Adjustment -1 079 182 Fundraising Event -Direct Costs 52„900. Total to Schedule D, Part XI, Line 2d Part XI, Line 4b - Other Adjustments: -1,026,,282. Ad justment 21.5579. Consolidatedm Audit Report Elimination„ Part XII Line 2d - Other Adjustments: Consolidated Audit ReL)ort Ex2ense Adjustment„ 218,484. Fundraisin Event -Direct Costs 52,900. .�, �.� �aaaa,� Total to Schedule D, Part XII, Line 2d 271,384. Part XII,, Line 4b Other Adjustments: Consolidated Audit Report Elimination Ad ustmentm 21 432055 10-28-21 13570721 784176 1508700 32 2021.06000 VITA NOVA, INC. Schedule D (Form 990) 2021 15087('^' 422 SCHEDULE G Supplemental Information Regarding Fundraising or Gaming Activities (Form 990) Complete if the organization answered "Yes" on Form 990, Part 1V, line 17, 18, or 19, or if the organization entered more than $15,000 on Form 990 -EZ, line 6a. Department of the Treasury 1110� Attach to Form 990 or Form 990 -EZ. irnernai Revenue 3ervlce Go to www.irs.. ov/Form990 for instructions and the latest information. OMB No. 1545-0047 2021 Open to Public Inspection I+rnrlIt! Ul uleur yaiucaLlu...t VNOVA, Inc............. .,,,,�...... 65Employer 29299 �r ita identification number mmmm Part I Fundraising Activities. Complete if the organization answered "Yes" on Form 990, Part IV, line 17. Form 990 EZ filers are not required to complete this dart. 1 aIndicate whether the organization raised funds through any f the following activities. Check all that apply. EJ Mail solicitations [] Solicitation of non-government grants b E] Internet and email solicitations f [] Solicitation of government grants c 0 Phone solicitations g Special fundraising events d In-person solicitations 2 a Did the organization have a written or oral agreement with any individual (including officers, directors, trustees, or key employees listed in Form 990, Part VII) or entity in connection with professional fundraising services? El Yes 0 No b If "Yes," list the 10 highest paid individuals or entities (fundraisers) pursuant to agreements under which the fundraiser is to be compensated at least $5,000 by the organization. 3 List all states in which the organization is registered or licensed to solicit contributions or has been notified it is exempt from registration or licensing. LHA For Paperwork Reduction Act Notice, see the Instructions � ns for Form 990 or 990 -EZ. - Schedule G Form 990 2021 1 132081 10-21-21 33 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 3.50870n' 423 Schedule (Form .... :...g p g .art.1mmmm 18 or reported more than $15,000ate? Partull G Fund x151111 —Events. Comtlete if tOhe organization answered "Yes" on Form 990, Part IV, line c. 65-0298299 of fundraising event contributions and gross income Form 990 -EZ, lines �d b.�List evens with gross receipts greater than $5,A0 0. aaaaa., } Event (� Event6c) r events (d) Total events � ttinis atees and None (add col. (a)through Col. (o)) event peevent pe) (total number) � ( tYP) ( tY c 1 Gross receipts ........................... 155 , 244. 155,244. ............... ....� 2 Less: Contributions ................................. 12 0 7 7 4 1 ....... I_ 1 12 Gross income (fine 1 minus line 2) .... -..... .. 1 3C 470 - 4 Cash prizes ........................... 5 Noncash prizes ..... .................................. 6 Rent/facility costs .. t 7 Food and beverages a 8 Entertainment 9 Other direct expenses 5 2 9 D 0, 52 x 900. 10 Direct expense summary. Add lines 4 through 9 in column (d) ................................ ......... 111 ► 52 9 0 0 . 9• income P . e from line 3, column d ........ ....... ................................. .. _ 18,430. 8111 III et Gam111 . Complete Subtract forganization � answered "Yes" on Farm 990, Part IV, line 19, or reported more than $15,000 on Form 990 -EZ, line 6a. � (a) Bingo (c) Other gamingb) Pull tabs/instant atgaming bingoprogr ssve bingo col through col. Oc) m 2 Cash prizes ............................................. ......................................... 3 Noncash prizes ......._. �i v 4 Rent/facility costs .... Other direct Yes % 1" Yes % I " Yes 0/0 6 Volunteer labor ....................................... 7 Direct expense summary. Add lines 2 through 5 in column (d) 10- 9 Enter the state(s) in which the organization conducts gaming activities: a Is the organization licensed to conduct gaming activities in each of these states? 0 Yes F-1 No b If "No," explain: ..............� nnnnnnnnnnnnnnnn�� ,.,,., 10a Were any of the organization's gaming licenses revoked, suspended, or terminated during the tax year? ... ......... ....... I El Yes 0 Ne b If "Yes," explain:,�nnn,nnnn. 132082 10-21-21 Schedule G (Form 990) 2021 34 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870-- 424 Schedule G Form 990 2021 Vita NOVA, y Inc .age 3 ...,� 65-0298299 P ,,..... 11 Does the organization conduct gaming activities with nonmembers? ............................ Yes 0 No 12 Is the organization a grantor, beneficiary or trustee of a trust, or a member of a partnership or other entity formed to administer charitable gaming? .......................... Yes 0 No 13 Indicate the percentage of gaming activity conducted in: a The organization's facility 13a % b An outside facility ................................... 13b % 14 Enter the name and address of the person who prepares the organization's gaming/special events books and records: Name 10 - Address )w 15a Does the organization have a contract with a third parry from whom the organization receives gaming revenue?.......... = Yes 0 No ........ b If "Yes," enter the amount of gaming revenue received by the organization 10. $ and the amount of gaming revenue retained by the third party ► $ c If "Yes," enter name and address of the third party: Name 10, Address 100- 16 Gaming manager information; Name 10� Gaming manager compensation ► $ Description of services provided 110- [][i] Director/officer 0 Employee [] Independent contractor 17 Mandatory distributions: a Is the organization required under state law to make charitable distributions from the gaming proceeds to retain the state gaming license? =Yes =No b Enter the amount of distributions required under state law to be distributed to other exempt organizations or spent in the on's own exempt es du Part IVnj Supplemental Information Provide the explanations required by Part 1, line 2b,Mc µlumns (iii)and (v); and Part Ili, lines o {) nes 9, 96, 10b, 156, 15c, 16, and 176, as applicable Also provide any additional information. See instructions. ..mmmmmmmm ...... 132083 10-21-21 Schedule G (Form 990) 2021 35 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870" 425 art u I Schedule G form 99T Nova Inc. 65-0298299 Pae4 Z � ementa .w... pp Information continued) Schedule G (Form 990) 132084 11-18-21 36 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870426 SCHEDULEJ Compensation Information OMB No. 1545-0647 (Form 990) For certain Officers, Directors, Trustees, Key Employees, and Highest 2021Compensated Employees Complete if the organization answered "Yes" on Form 990, Part IV, line 23. Department of the Treasury ►Attach to Form 990. Open to Public Internal Revers"e service Go to www.irs.gov/FormgW for instructions and the latest information. Inspection Name of the organizationEmployer identification number Vita Nova Inc. 65-0298299 art I � Questions Regarding Compensation Part is Check the appropriate boxes) if the organization provided any of the following to or for a person listed on Form 990, Part VII, Section A, line la. Complete Part III to provide any relevant information regarding these items. 0 First-class or charter travel D Housing allowance or residence for personal use [] Travel for companions [] Payments for business use of personal residence [] Tax indemnification and gross -up payments [] Health or social club dues or initiation fees [ 1 Discretionary spending account ElPersonal services (such as maid, chauffeur, chef) b If any of the boxes online la are checked, did the organization follow a written policy regarding payment or reimbursement or provision of all of the expenses described above? If "No," complete Part III to explain . _... _ . 2 Did the organization require substantiation prior to reimbursing or allowing expenses incurred by all directors, trustees, and officers, including the CEO/Executive Director, regarding the items checked online la? 3 Indicate which, if any, of the following the organization used to establish the compensation of the organization's CEO/Executive Director. Check all that apply. Do not check any boxes for methods used by a related organization to establish compensation of the CEO/Executive Director, but explain in Part III. 0 Compensation committeeXD Written employment contract 0 Independent compensation consultant EX Compensation survey or study 0 Form 990 of other organizations OX Approval by the board or compensation committee 4 During the year, did any person listed on Form 990, Part VII, Section A, line 1 a, with respect to the filing organization or a related organization: a Receive a severance payment or change -of -control payment? 4a X b Participate in or receive payment from a supplemental nonqualified retirement plan? 4b X c Participate in or receive payment from an equity -based compensation arrangement?.............. 4c X It "Yes" to any of lines 4a -c, list the persons and provide the applicable amounts for each item in Part III. Only section 501(c)(3), 501(c)(4), and 501(c)(29) organizations must complete lines 5-9. 5 For persons listed on Form 990, Part VII, Section A, line 1 a, did the organization pay or accrue any compensation contingent on the revenues of: a The organization? b Any related organization? If "Yes" on line 5a or 5b, describe in Part III. 6 For persons listed on Form 990, Part VII, Section A, line la, did the organization pay or accrue any compensation contingent on the net earnings of: a The organization? b Any related organization? ...__............ ................. ........ ...... If "Yes" on line 6a or 6b, describe in Part III. 7 For persons listed on Form 990, Part VII, Section A, line la, did the organization provide any nonfixed payments not described on lines 5 and 8? If "Yes," describe in Part III .................................. ................................................................. 8 Were any amounts reported on Form 990, Part VII, paid or accrued pursuant to a contract that was subject to the initial contract exception described in Regulations section 53.4958.4(a)(3)? If "Yes," describe in Part Ill ................................ 9 If "Yes" on line 8, did the organization also follow the rebuttable presumption procedure described in LHA For Paperwork Reduction Act Notice, seethe Instructions for Form 990. 132111 11-02-21 13570721 784176 1508700 37 2021.06000 VITA NOVA, INC. Schedule J (Form 990) 2021 150870AI 427 N "O U1 "O U7 U1 C N U Ol 0 N y OD co � c N o O I � k N N 0 O U N R U CD V) H � C l6 U 2 V .r - CD CD C_ y L U N (D Vf C O N C ro 21 O N Gf E 2 rc ro 3 O C O C O N C ro rn 0 a� L E O C O N C Cil Q E O U r q C1 N N O N N 7 m L U 0) `7V' M. 428 CN ON N co O\ N O LO W 9 429 SCHEDULE O Supplemental Information to Form 990 or 990 -EZ (Form 990) Complete to provide information for responses to specific questions on 202 Form 990 or 990 -EZ or to provide any additional information. Department of the Treasury ► Attach to Form 990 or Form 990 -EZ. Open to Public Internal Revenue Serviceyak%, ter Www.irs.r,ov/Form990 for the latest information. Inspection p Name of the organization Employer identification number Vita Nova,, Inc. 65-0298299 Form 990, Item C, Doing,,, Business As: Vita Nova Village Ity IIS IIIA Vita Nova Inde,,)endent Livin mServices Inc Form 990 PartI, Line 1„ Description of pr g'anization Mission: Q _ �`,��a�� .,. roush I'llLGBT an other homeless outh a es 18-25 in Palm Beach Count th suRortive housing, education, em lq , ent and life skills training . Form 990, Part III,Line 4a, Program Service Accomplishments: a es of 18-23 sears old _so they can continue to het help_after traditional child welfare services have ended. Vita Nova served 88 youth through Vita Nova Independent Living Services this +ear. > 59% of youth involved in PESS [Post -Secondary Education & Suports , are em�lod. > 19% of ,youth involved in PE SS Post -Secondary Education & Suretorts]earned a college degree or certificate. ww > ,7,0 demonstrated forward progresst°` towards a deree in college. Form 990, Part III Line 4b,, --Program Service Accomplishments: > 98% of youth who live at Vita Nova housing com)leted financial literac,_ training,,,,,, > 100% of outh whomlive at Vita Nova housing, received life skills _ LHA For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990 -EZ. Schedule o (Form 990) 2021 132211 11-11-21 40 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 1508707' Schedule 0 Form 99Q, 2021 Name of the organization Employer identification number Vita Nova, Inc. 65-0298299 . . ........ --- training, in eT919Wtient, education wellness, housing', and financial. Youth Homelessness Demonstration Proiect (YHDP): Vita Nova o erates Ra id Rehousing, Transitional HqRg�R� ,�!nd Diversion programs throurh YHDP. Vita Nova has served 113 youth through YHDP . ....... . . Diversions Transitional Housing, and Rapid Re -Housing. . Transitional . ....... _g_4e,j,ter Grant (ESG-CV) Vita Nova served 148 clients with rental assistance to prevent homelessness. Permanent Suaortive Housing (PSH): Vita Nova pirovided housing and intensive services to 7 youth through our Permanent Supportive Housing.............. R�Kpf2zram ................................... RURAWYo --, _y e,�M ................ Vita Nova also nerates a Housing Program for youth who identifv as BT L Q A�c�out,4g2�qs 18-22. The Runaway Homeless " �G . . ............ .............. ............ .............. �for Youth Transitional.......... ................ ,.i.......... . i............ ,n........ -Z ............. .............. ........... K4_jTLP s)ecificall�er runaw ,and homeless _,ypMth who find themselves without a safeermanent r,esidenqe.Thew.ro�ram focuses on rovidin,g shelter for 18 months while teach,i,n life skills. ;)ob training, addressing educational needs, emotional andjRjhyq,ical healthy and connections with an adult s ort endent living. 132212 11-11-21 Schedule 0 (Form 990) 2021 41 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870nl 431 Name of the organization Employer identification number 65-0298299 !T�a to Nova served 17 youth in the RHY TLP roram Aurin this fiscal a a,mm� - yoused positive and permanent connections o 100 of RHY th utside � increa a of the RHYrro� ra!R > 100% of ouch acquire employability skills and obtained � � 1, of f as rincr education > of � outer„ ��artici��ants with a � oa1 of furthe ��.. achieved academic milestones. > 100% of youthwcartici ants increased social/emotional well -beim. Form 990, Part IIIm Line 4c Program Service Accomplishments: connections to health care professionals, Employment Case _Managers to heli youth connect to fobs and education,, and wraLw around case mana�ementto maintain consistent communication with each „outh. The Shot features a comuter lab music t4gKa,2y room„� andantr with shelf stable foods hygiene and health e 1 nnna essentials, and clothing,. '”547 ,. a.. The Shot serve bout u��,n the current r, ..... eased su ort networks related to > 96� of Disconnected outh incr school and work as evidenced bob maintenance � � t test�n�„� nance and..... rel os > 90% of Disconnected youth increased em, loyabilit wrvskills as reported on gost testing. 132212 11-11-21 Schedule O Form 990 2021 42 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870-- 432 Name of the organization Vita N Employer identification number 65-0298299 > 83% of Disconnectely2ut ,ined employment or enrolled in an educational institution. > 100% of all youth at risk of or experienq;n,,,homelessness -articii2ating in Intake and Assessment services resulting in linka es to community forts Form 990, Part III, Line 4d, other Pro ram g,,e,,rvices; Other accomplishments in,19111,11M-d-ina thrift store operations. . ......................... Form 990, Part VI, Section B, line 11b; . ....... . . ...... .. CoT,,)ies of form 990 are made available,,,,to, and reviewed by -)riate board members before Form 99Part VI Section B, Line 12c: Officers and directors are re ou ed to sicn a conflict of interest tooli ............ — - 2-1-1- form each wear at the beginn ngqf each calendar sear. --... Form 990, Part VI, Section B, Line 15a: The board conducted a salary' similar size non E,L its. Legal counsel advised the board on the specific items for the contract and deliverables and outcomes for the dear the CEO. The board conducts a review of the CEO based on-Rtrformnce on an annual basis. Form 990, Part VI, Section C . . ...........Line 19: Th!��'anization makes its and form 990 available to the public .._ uv onreg Luest. 132212 11-11-21 Schedule 0 (Form 990) 2021 43 13570721 784176 1508700 2021-06000 VITA NOVA, INC. 150870n, 433 2021 Name of the organization Vita Nova, Inc. Part XII line 2c Employer identification number 65-0298299 The AuditnReort is reviewed annually at the Audit Report review meetinwwas presented b the ndeedent auditor. The rocess has not gyyso Chan ed from the prior swear. The entity was audited on a consolidated , basis with the "Foundation" and has an Audit Committee to review and accept the report. 132212 11-11-21 Schedule O (Form 990) 2021 44 13570721 784176 1508700 2021.06000 VITA NOVA, INC. 150870^' 434 oC CI a E 7 c o rn o, w N 00 e o1 a N L O T 1 0 c.in E LU 0 C 0 cam' a U CD X � ani x O „m, ID N � O N r N r -I >+ O O N � C L W - .i N m m � m U V E C 0 O � O N O Y m Q O Q C� M.9 mL C i Y U C N Q a °ft. Q z �v O U ANY' W �N SU m (D 0E0 o0 Y m� t a a� C �m a �y m c 0 O+ V N r V T .j V ++ m m a` z� w0 L m N N ul N O U-0 O I N �o Z CV O C4 9 E 0 LL Ix SD 7 d t U N 436 O' G' n a cn c I I LC N IL >11>1I Illllll '1111111llXiMI "Imi"IMIMI X�xj MIN 437 i a c 0 N l0 ° a f9 it N O O CO G L 0 3 C N N C ro Cc: O 6 C N U 41 ° O G N d M (O fC N O '' 61 CG '... C U N '++O- 9 iV W c U C : O N N O o EN EOO a-• Y CC O U N N me L O W C CD YO 0 - N N N OI 07 C .0 .N G Q d N w tq t y O7 N w w °'C v V O O N N a)tw C 0 0 o o a� N 0 N N WN C O_ R te° � N N .o V E l9 O .� N �. G O O 61 m O t t C 'ro O � C O ° L d V o a O N n n N E m p} 10 E E L c ° o -O 7 i� N G U7 N ,. Ul N N ° c S S° n, iC is c E E v 3 m y rn o E E o p Q� m o o E C n a N '� a ° a ° 32 v y o s m Z Z ui CL m 5 N v 0 U U a_ OL3 .2 -vOi f6 ,_ -OU N N o o N o 0 Q m m N O L E E CC - O1 OI y N (C6 m N ..O V v== O O l9 7 X N N U7 0 L L N N d Z T 437 N I LO w c m 'm N Lo 0 rn 0 co a� to 438 Schedule R(Form 9R.0i2a2y� Vita Nova, Inc. mm�w 65-0298299 Paige§ �. a Supplementallnformation Provide additional information for res onses to questions on Schedule R. See instructions. 132165 11-17-21 13570721 784176 1508700 49 2021.06000 VITA NOVA, INC, Schedule R (Form 990) 2021 1508701 439 Form 8868 Application for Automatic Extension of Time To File an (Rev. January 2022) Exempt Organization Return OMB No. 1545-0047 Department of the Treasury ► File a separate application for each return. Internal Revenue Service ► Go to www.irs.gov/FormBM for the latest information. Electronic filing (e -file). You can electronically file Form 8868 to request a 6 -month automatic extension of time to file any of the forms listed below with the exception of Form 8870, Information Return for Transfers Associated With Certain Personal Benefit Contracts, for which an extension request must be sent to the IRS in paper format (see instructions). For more details on the electronic filing of this form, visit www.irs.govle-file-providersle-file-for-charities-and-non-profits. Auttic 6 -Month E tensio11 n of Time. Only submit original {111no copies needed). oma All corporations required to file an income tax return other than Form 990-T(including 1120-C filers), partnerships, REMICs, and trusts must use Form 7004 to request an extension of time to file income tax returns. Type or V Name of exempt organization or other filer, see instructions. print Vita Nova, Inc. File bythe due date for Number, street, and room or suite no. If a P.O. box, see instructions. filing your 2724 N. Australian Ave. return. See ,�,�,,,,,,,Wm,,,:.FF��,.,,.,,�,,, W,w, or , town Cit post office, state, and ZIP code, For a , instructions. foreign addresssee instructW instructions. y P g ns. West. Palm Beach FL 33407 Enter the Return Code for the return that this application is for (file a separate application for each return) Application I Return 1 Application Taxpayer identification number (TIN) 65-02 Return Is For ®a, Code Is For Code Form 990 or Form 990-F7 m 01 Form 1041 A Og Form 4720 tindividualu ....��a� . , :- 03 Form 4720 Bother than individuals a 0 g Form 990 -PF 04 Form5227 0 Form 990 T Msec. 401 i�� or 408�a° trus t) � 05 Form 6069 .,.,... m , 11 Form 990-T trust other than above 06 Form 8870 12 Form 990 T (2orImrationli .,. . 07 Jeff DeMario ,- The books are in the care of ® •Australian�aaaaa N Ave West: Palm Bea 07 .,e.�....... ch, FL 334 , Telephone No. ►( 5 61) 689-0035 Fax No. 0- • • If the organization does not have an office or place of business in the United States, check this box • if this is for a Group Return, enter the organization's four digit Group Exemption Number (GEN) If this is for the whole group, check this �mm e i roup, check this box I and attach a list with the names and TINS of all members the extension o^nsion is for. box If it is for p fartof th � 1 I request an automatic 6 -month extension of time until A42uSt M 2 0 2 3 to file the exempt organization return for the organization named above. The extension is for the organization's return for: ► 0 calendar year or ► X tax year beginning OCT 1, 2021 _m and endin SEP 3 0 2022 I'll. g 2 If the tax year entered in line 1 is for less than 12 months, check reason: 0 Initial return [=1 Final return 0 Change in accounting period 3a If this application is for Forms 990 -PF, 990-T, 4720, or 6069, enter the tentative tax, less any nonrefundable credits. See instructions 3a 0 ,rraa b If this application is for Forms 990 -PF, 990-T, 4720, or 6069, enter any refundable credits and estimated tax pryments made. Include )&I ment allowed as a credit. 3b 0. c Balance due. Subtract line 3b from line 3a. Include your payment with this form, if required, by EFTPS (Electronic Federal Tax Payments,stem',. . See instructions. 3c Caution: If you are going to make an electronic funds withdrawal (direct debit) with this Form 8868, see Form 8453 -TE and Form 8879-T WWWm instructions, E for payment LLA For Privacy Act and Paperwork Reduction Ac p t Notice, see instructions. Form 8858 (Rev. 1.2022) 123841 01-12-22 13570721 784176 1508700 1 2021.06000 VITA NOVA, INC. 1508701-- 441 Iµ�IIWIIWp�I�Uu !��,-Ilarnlelless IIIII ��..IIWIIID IIIIUb " IU IIID Youthet, ATTACHMENT Z Licenses 442 443 CITY OF WEST PALM BEACH 0190 DEPARTMENT OF DEVELOPMENT SER=ES WEST PALI%A BEACH .. .............. — - . ..... . ......... . .. ... DevelopRw,w SeFv'cer, Attached is your 2022-2023 Business Receipt evidencing payment of 'fees for your Local Business Tax Certificate of Use (if applicable); Sidewalk Cafe Permit (if applicable); andlor Extended Hours Alcohol Permit (I -f applicable). Business Tax Receipt. This document, based on the business category codes listed below, is your Business Tax Receipt. THIS BUSINESS TAX RECEIPT MUST BE DISPLAYED ON THE PREMISES IN A PLACE WHERE IT MAY BE SEEN AT ALL TIMES (Sec. 82-160 City Code). Certificate of Use. A certificate of use may be suspended or revoked in accordance with Sec. 22-39 of the City Code, Sidewalk Cafd Permit: A sidewalk cafe permit requires compliance with the conditions in Sees, 78-345 and 78-347 of the City Code. A sidewalk caf6 permit may be suspended or revoked pursuant,to Sac. 76-343 of the City Code. Extended Hours Alcohol Permit,-, An extended hours alcohol permit requires Compliance with the conditions in Sec. 6-8 of the City Code and may be suspended or revoked as provided in said section. j11�1m"k001Y0U0-b1UU EMAIbu L s i ness,tax@wpb.or . . . ....... . . ......... . . — - I HOURS 8.00 AM - 5:00 PIVI — MONDAY - FRIDAY INSTRUCTIONS, PLEASE POST IN A CONS. . . . ... . . ........... . . ...... . ... . . . . ........ -- .. . . ... ..... — . . . . . . ....... — .... . . ..... . . . . . . . . .. . _..•i . PCUOUS PLACE A'r YOUR PLACE OFBUSINESS. . . . . ......... . . .......... .... . . . . . . .. . . . . . . . . . . . ..•••.... CITY OF WEST PALM BEACH Npi Tn WEST PALM BEACH CITY OF WEST PALM BEACH 2022to 2023 BUSINESS RECEIPT P.O. BOX 3147, WEST PALM BEACH, FL, 334020 000047207 NON PROFIT VITA NOVA INC 2724 N A-USTR ALIAN A . VE YOUNG ADULTWELFARE-SERVICE EXPIRIEES EIli 11:3E1:::I 3091 2023 01 — 0,00 444 445 1 2 3 4 RESOLUTION R23-089 5 6 7 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 8 FLORIDA, APPROVING AND ADOPTING AN AMENDMENT 9 TO THE CITY'S STATE HOUSING INITIATIVES 10 PARTNERSHIP (SHIP) PROGRAM, LOCAL HOUSING 11 ASSISTANCE PLAN (LHAP), FOR THE PERIOD 2021 THRU 12 2024, BY ADDING TWO HOUSING STRATEGIES; ONE 13 HOUSING INCENTIVE STRATEGY; AND TECHNICAL 14 REVISION; AND AUTHORIZING THE MAYOR TO EXECUTE 15 THE NECESSARY CERTIFICATION FOR THE TRANSMITTAL 16 OF THE DOCUMENT TO FLORIDA HOUSING FINANCE 17 CORPORATION; PROVIDING AN EFFECTIVE DATE. 18 19 WHEREAS, the City of Boynton Beach has established a LHAP in accordance with 20 Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code; 21 and 22 WHEREAS, the program was designed to promote and implement the goals of the 23 SHIP Program and the Housing element of the City's Comprehensive Plan by producing and 24 preserving affordable housing; and 25 WHEREAS, The City of Boynton Beach receives dedicated revenues resulting from 26 the William E. Sadowski Affordable Housing Act, which are distributed to various 27 municipalities that are "entitled" communities to assist with affordable housing efforts; and 28 WHEREAS, The City's current LHAP was written for the period 2021 thru 2024 with 29 two housing strategies Purchase Assistance with or without Rehabilitation and Owner - 30 Occupied Rehabilitation, as adopted by Resolution R21-080; and 31 WHEREAS, in order to further increase the opportunities to assist eligible 32 households, and to meet current housing market conditions, staff is recommending to add 33 two Housing Strategies; one Housing Incentive Strategy and Technical Revision as 34 summarized below and further explained in the attached LHAP, and 35 WHEREAS, upon the recommendation of staff, the City Commission deems it to be 36 in the best interests of the citizens and residents of the City of Boynton Beach to approve 37 and adopt an amendment to the City's State Housing Initiatives Partnership (SHIP) Program, 38 Local Housing Assistance Plan (LHAP), for the period 2021 thru 2024, by adding two Housing 39 Strategies; one Housing Incentive Strategy; and Technical Revision; and authorizing the 40 Mayor to execute the necessary certification for the transmittal of the document to Florida 41 4 \C t RI-SWAme dment to SHIP (2021-24) - Reso docx 446 Housing Finance Corporation. 42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 43 OF BOYNTON BEACH, FLORIDA, THAT: 44 Section 1. The foregoing ''VVhereas''clauses are true and correct and are hereby 45 ratified and confirmed bythe City Commission. 46 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 47 approves and adopts an amendment to the City's State Housing Initiatives Partnership (SHIP) 48 Program, Local Housing Assistance Plan (LHAP), for the period 2021 thru 2024, by adding 49 two Housing Strategies; one Housing Incentive Strategy; and Technical Revision; and 50 authorizing the Mayor to execute the necessary certification for the transmittal of the 51 document to Florida Housing Finance Cmrporahon, a copy of the amendment is attached 52 hereto and incorporated herein by reference as Exhibit "A", 53 Section 3. This Resolution shall become effective immediately upon passage. 54 PASSED AND ADOPTED this 18ihday mfJuly, 2O23. 55 CITY OF B(}YNTDN BEACH, FLORIDA 56 57 58 Mayor —Tv Penserga 59 60 Vice -Mayor — Thomas Turkin 61 62 Commissioner — Angela Cruz @ 64 [mmmissioner—VVmwdrowLHay 85 66 Connnnissiuner—AirneeKeUey 67 68 69 ATTEST 70 71- 72 74 City Clerk 75 76 77 (Corporate Seal)Ap 70 �A 81 1920 82 PL5�_:�, m to S1 (20 21-24) acso.uwz YES NO � L/ � / �/ APPROVED ASF[}�N: Michael D. CiruUc\]c 447 City of Boynto n Beach 1 SHIP LHAP 448 Flod Table of Contents StIll? UIAP Description Page # Section 1, Program Details 2 Section 11, LHAP Strategies 6 A. Purchase Assistance with or without Rehabilitation 6 B. Owner -Occupied Rehabilitation 9 -_Rgy rTr .jr 13 E. Disaster Relief ..... . ... ........ . 14 Section III, Incentive Strategies 15 A. Expedited Permitting is B. Ongoing Review Process 16 C. Other Incentives 16 Exhibits 18 A. Administrative Budget for each fiscal year covered in the Plan B. Timeline for Estimated Encumbrance and Expenditure C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan D. Signed LHAP Certification E. Signed, dated, witnessed or attested adopting resolution F. Ordinance: (If changed from the original creating ordinance) G. Interlocal Agreement I. Program Details: a Name of Local Government City of Boynton Beach Does this LHAP contain an interlocal agreement? No If yes, name of other local government(s) NA B. Purpose of the program: M 449 S1 -11P LIJAP • To meet the housing needs of the very low, low and moderate -income households; • Toexpand production ofand preserve affordable housing; and � To further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered bythe Plan: 2O21-2O2Z,2OZ2-2O23,2O23-2O24 Q. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code. Cities and Counties must be in compliance with these applicable statutes, rules and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP Program encourages building active partnerships between government, lending institutions, builders and developers, not-for-profit and corn mu n ity-based housing providers and service organizations, providers ofprofessional services related to affordable housing, advocates for low- income persons, real estate professionals, persons o/entities that can provide housing orsupport sen/ices and lead agencies ofthe local continuums ofcare. F. Leveraging: The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost ofhousing. SHIP funds may beleveraged with orused tosupplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. G. Public Input: Public input was solicited through face to face meetings with housing providers, social service providers and local lenders and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: SHIP funding availability shall be advertised in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period, If no funding is available due to a waiting list, no notice of funding availability is required. |. Waiting List/ Priorities: Awahing list will be established when there are eligible applicants for strategies that no longer have funding available. Those households on the waiting list will be notified of their status, Applicants will be maintained in an order that is consistent with the time completed applications were submitted as well as any established funding priorities as described in this plan, The following priorities for funding (very low income, Special Needs, et jdesc/bed/istedheneapplytoaU strategies unless otherwise stated inan individual strategy inSection U: Order ofRanking Priority isasfollows, with first-time applicants being apriority ineach category: a. Special Needs households a. Very low b. Low c. Moderate b. Essential Services Personnel a. Very low b. Low c Moderate 3 450 8}ill"[HAP J. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, ormarital status in the award application process for eligible housing. K. Support Services and Counseling: Support services are available from various sources. Available support services may include, but are not limited to: Homeownership Counseling (Pre and Post),Credh[uunse|inB, Tenant Counseling, Foreclosure Counseling and Transportation. L Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price ofnew and existing units, which can be lower but may not exceed 90%ufthe average area purchase price established by the U.G. Treasury Department or as described above. The methodology db U.S. Treasury Department X Local HFA Numbers I M. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted at "Affordable' means that monthly rents or mortgage payments including taxes and insurance do not exceed 30percent o/that amount which represents the percentage 4fthe median annual gross /ncmnne/brthe households as indicated /nSections 420.90/1, F.S. However, it is not the intent to limit on individual household's ability to devote more than 30% of its incomefor housing, and housingfor which a household devotes more than 3O% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess Of the 30% benchmark and in the case of rental housing does not exceed those rental limits odjLlStedfor bedroom size. N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. O. Monitoring and First Right of Refusal: |nthe case ofrental housing, the staff and any entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely wnsuch monitoring and determination oftenant eligibility. However, any loan orgrant inthe original amount of$1Q,OOOorless shall not besubject Lothese annual monitoring and determination oftenant eligibility requirements. Tenant eligibility will be monitored annually for no less than 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years o/that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible 451 S141P LtJAP Florida fo persons. P. Administrative Budget: A line -item budget is attached as Exhibit A. The city/county finds that the moneys deposited in the local housing assistance trust fund are necessary to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs." The applicable local jurisdiction has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the local housine assistance clan will be performed bv: Entity Duties Admin. Fee Percentage Local Government City of Boynton Beach 10% R. First-time Homebuyer Definition: For any strategies designed for first-time homebuyers, the following definition will apply: An individual who has had no ownership in a principal residence during the 3-yeor period ending on the date of purchase of the property. This includes a spouse (if either meets the above test, they ore considered first-time homebuyers). A single parent who has only owned a home with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. T. Essential Service Personnel Definition (ESP): ESP includes teachers and educators, other school district employees, community college and university employees, police and fire personnel, health care personnel, and skilled building trades personnel. U. Describe efforts to incorporate Green Building and Energy Saving products and processes: The City of Boynton Beach evaluates all properties in order to pursue assistance with improvements and/or funding to replace depleted assets, The City will continue its efforts to use Energy Star and/or energy efficient products for the following components: Windows and doors (preferably impact resistant) • Roofing materials • Central Air/Heating Units, with a minimum 16 SEER 452 Florid Hou n� Programmable Thermostats ° Insulation, with anupgrade toR-3O w Hot Water Heaters * Water conservation utilizing "Water Sense" Technology m Toilets o Showerhemds o Faucet aerators • Hurricane Shutters The City implemented a Green Building Program, which established procedures and incentives for the implementation of green building standard Chapter Two Article One Overview, of the City's Land Development Regulations by Ordinance 11.014. This effort demonstrates the [by of Boynton Beach's commitment tmagreen building program. V. Describe efforts tomeet the 20% Special Needs set-aside: The city will collaborate with non -profits, social service agencies and organizations that provide services to individuals and households designated as special needs, as define in 420.0004, F.S. Persons with developmental disabilities will have first priority to achieve the set-aside funding allocation. American Disabilities Act (ADA) accessibility measures to include bathroorn accommodation i.e. fixtures, toilets, showers and grab bars; wheelchair ramps; door widening; kitchen accommodations and accessibility from the outside of the home. Lastly, the minimum monetary contribution required for purchase assistance is reduced to the lowest amount possible for special needs households, VK Describe efforts to reduce homelessness: The City of Boynton Beach continues to collaborate with The Homeless and Housing Alliance (HHA) of Palm Beach County (formerly the Continuum of Care) in its efforts to deliver comprehensive and coordinated continuum of services to horneless individuals and families in Palm Beach County. Components ofHHA include homeless prevention, outreach and assessment, emergency shelter, transitional housing, supportive services, permanent housing and permanent supportive housing. Section 11. LHAP Strategies: Codes1,2 a. Summary of Strategy: This strategy will assist income eligible homebuyers with he purchase an existing property or a new home (certificate of occupancy issued within the last 12 months). Eligible costs under this strategy may include gap financing, down payment and closing costs, and rehabilitation repairs needed to make the unit habitable. Rehabilitation is defined as repairs or improvements needed for safe and sanitary habitation, to correct substantial code violations, to create additional living space, to improve accessibility for persons with special needs and to provide hurricane mitigation. A qualifying rehabilitation improvernent requires a building permit, with the exception of improvements necessary to address access ibility/mobility needs (e.g. replacing damaged or unsafe flooring that is a safety hazard to a resident with special mobility needs or 6 453 SHIP I.,HAP b. Fiscal Years Covered: 2021-2022, 2022-2023, 2023-2024 C. Income Categories to be served: Very low, low and moderate Very low: $75,000.00 Low: $65,000.00 Moderate: $25,00000 e. Terms: 1. Repayment loan/deferred loan/grant: Deferred loan secured by note and mortgage. 2. inieres Rate: 0% 3. Years in loan term: 15 4. Forgiveness: The loan is forgiven at the end of the 15 -year term. S. Repayment: No repayment as long as the loan is in good standing and no default occurs. 5. Default: The loan is in default if any ofthe following occurs during the loan term: sale, transfer, or conveyance otproperty; conversion Loarental property, vacating ofproperty, loss ofhomestead exemption status; failure to occupy the home as primary residence, refinancing with cash out or debt consolidation, nrsubject toaReverse Mortgage. |fany ofthese occur, the outstanding balance ofthe deferred loan isdue and payable tothe City ufBoynton Beach. In cases where the qualifying homeowner(s) die during the loan term, an income eligible heir who will occupy the home maaprimary residence may assumethe loan. if the legal heir isnot income eligible, chooses not to occupy the home, or the house is sold, transferred, or refinanced, the outstanding balance ofthe loan will bedue and payable iothe City ofBoynton Beach. Anincome-eligible heir must execute aMortgage and Promissory Note. The Mortgage will berecorded inthe public records of Palm Beach County. In the event where failure to pay the superior mortgage lien holder leads to foreclosure and/or lossof property, the City may foreclose and take legal actions to recover the secured mortgage funds. [ Recipient Selection Criteria: Applicant must beafirst time homebuyer as defined imsection | (R)ofthis plan. AppUcant(s)must complete a6-hmurHomebuyer Education class from aHUD-approved housin8 N 454 SHIP 1,111AP Floda How counseling agency prior toloan closing. 4ppUcarK(s)will beselected ona0ot-quo|dhed first-served basis with priorities given to income groups described in Section 1 (1) of this plan. 9. Sponsor Selection Criteria: Not Applicable h. Additional Information: 1. Applicant(s) must secure afixed-rote8Oieerfirst mortgage loan from mninstitutional first mortgage lender with a rate not to exceed 0.5% over the "Primary Mortgage Market Survey". All bank and loan fees cannot exceed 6Y6ofthe loan amount. I Eligible properties include the purchase of existing single-family homes, duplexes,townhouses, villas and condominiums. Mobile homes are ineligible. 3. Eligible property must be located within the City limits of Boynton Beach. 4. App|icant(s)minimum cash contribution shall beaafollows: Very Low Income or Disabled Households — $1,000 or 1% of the purchase price, whichever is less. includes all items pre -paid by the applicant; Low Income — $2,000 or 1.5% of the purchase price, whichever is less. Includes all items pre -paid hythe applicant; and Moderate Income — $3,000 or 2% of the purchase price whichever is less. Includes all items pre- paid by the applicant. 5. Applicant(s) who have monetary assets exceeding $25,ODO(gifts included inthe asset calculation) must contribute one-third (I/3)ofthe funds toward the purchase. The exception tVthis would bE if the applicant has funds in a retirement fund accessible only by termination or retirement. This contribution would count toward the minimum down payment requirement (see Item #4 above). 6. Applicant(s) must riot own any other property used for residential purposes. 7. Property will beinspected byaCity Building Inspector or Construction Coordinator aspart ofthe application review process, to ensure that the funding amount to be awarded would fully cover the cost to bring the property into compliance with minimum building codes intended to provide safe and sanitary habitation, as well as corrections needed to remedy substantial code violations. 8. Subordination of the SHIP program loan will not be approved for purposes other than to refinance the first mortgage on the subject property to improve rate and/or term. The City of Boynton Beach will only allow One (1) subordination approval during tile term of the SHIP program loan. The City may consent toasubordination ofits loan tmallow the homebuyer tu receive cash out for emergency home repairs that become necessary to sustain homeownership and maintain the health and safety ofthe residents. 9. The City ofBoynton Beach reserves the right tndeny any subordination request itdeems not in its' orthe homeowner's best interest ie.exorbitant closing cost fees (closing cost may not exceed 6% of loan amount), interest rate may not exceed 1.S% of the current first mortgage. The authority to approve subordinate requests or exceptions to the Subordination Policy will rest the 455 SHIP 1,11AP FloddaiHousing City Manager or his/her designee. 10. Eligible applicants may apply again for SHIP assistance after the end of the affordability period, 11. Onpurchases involving anewly constructed single-family unit, aLclosing, developers may be eligible to receive a credit from the City's SHIP Purchase Assistance Program, to subsidize City's building permit -Impact fees paid (parks, water and sewer); by meeting all the following conditions: i Purchase price is at or below the SHIP Program Maximum Purchase Price (updated yearly and set byFlorida Finance Corporation). ii Home buyer is income eligible to participate on the City's Purchase Assistance Program. iii. Home buyer participates inthe City's SHIP Purchase Assistance Program. The credit given to developer will be applied to home buyer's down payment assistance. B. Owner -Occupied Rehabilitation a. Summary of Strategy: This strategy will assist incorne eligible owner -occupied homeowners with needed repairs, accessibility/architectural barriers and hurricane mitigation. Rehabilitation is defined as the repairs and/or improvements needed for safe and sanitary habitation, and/or correction of substantial code violations both interior and exterior, A qualifying rehabilitation improvement requires a building permit, with the exception of improvements necessary to address accessibility/mobility needs (e.g. replacing damaged or unsafe flooring that is a safety hazard to a resident with special mobility needs or b. Fiscal Years Covered: 2021-202I2022-2023,2023-2024 C. Income Categories to be served: Very low, low and moderate d. Maximum award: Very low: $95,000.00 Low: $85,000.00 Moderate: $50,000.00 e. Terms: 2. Repayment|oan/defemed loamgrant:[efemed loan secured byanote and mortgage, 3. Interest Rate: O% 4. Years in loan term: 15 5Forgiveness: The loan is forgiven 1/15th per year over the 15 -year term. 6. Repayment: No repayment as long as the loan is in good standing and no default occurs. I 456 7. Default: The loan isindefault ifany ofthe following occurs during the loan term: sale, transfer, ur conveyance of property; conversion to a rental property, vacating of property,loss ofhomestead exemption status; failure to occupy the home as primary residence, refinancing with cash out or debt consolidation, orsubject tVaReverse Mortgage. |fany ofthese occur, the outstanding balance ofthe deferred loan iadue and payable tuthe City ofBoynton Beach. In cases where the qualifying homeowner(s) die during the loan term, an income eligible heir who will occupy the home asaprimary residence may assume the loan. |fthe legal heir isnot income eligible, chooses not to occupy the horne, or the house is sold, transferred, or refinanced, the outstanding balance mfthe loan will bedue and payable tothe City ufBoynton Beach. Anincome-eligible heir must execute aMortgage and Promissory Note. The Mortgage will berecorded inthe public records mfPalm Beach County. In the event where failure to pay the superior mortgage lien holder leads to foreclosure and/or lossof property, the City may foreclose and take legal actions to recover the secured mortgage funds, Recipient Selection [rkeha:App|icant(s)wiU beselected onofirst-qua|dOmd, first-served basis with priorities give to income groups described in Section | (l) of this plan. Sponsor Selection Criteria: Not Applicable Additional Information: 1. This program will address repairs for owner -occupied properties, Eligible properties include single-family dwelling, duplexes, townhouses, villas and condominiums. Condominiums are eligible for interior repairs only. Rental Properties and Mobile Homes are ineligible for 2. Applicant cannot receive additional SHIP assistance during the affordability period except for those households affected by a disaster and/or that experience the need for improvements to address handicap accessibilities/architectural barriers at any time during the loan term. 3, Applicant(s) may not own any other residence ; and must own, occupy, and homestead the home being rehabilitated for the duration ofthe deferred payment loan. All property taxes and mortgage payments must becurrent attime ofapplication. 4. Eligible property must be located within the City limit of Boynton Beach 5. Other eligible repairs may include but are not limited tVthe cost oflabor and materials for: a. Installation and/or repairs ofsanitary water and waste, disposal systems, together with related plumbing and fixtures, which meet local health department requirements; b. Energy conservation measures such as installation of energy efficiency door and windows; c Repair or replacement of heating and/or cooling systems with high energy efficient 16 SEER orhigher; 10 457 d. Electrical upgrading Repair or provision for structural support and foundation; e. Replacement ofseriously deteriorated siding, porches, orstoops; f. Alteration of the unit's interior or exterior to provide greater accessibility for any family member that may bephysically impaired orhave mobility problems Q. Repair orreplacement ofroofing system; and h. Energy efficiency and green housing related repairs shall beencouraged; Repairs shall be subject to applicable or selected building codes from the FBC 2020 71" Edition and the Boynton Beach Amendments thereto. Repairs of an emergency nature, as determined by the City ofBoynton Beach's Construction Coordinator, will be given priority. 6. App|icant(s)are required tohave property insurance. Ifthe property isuninsurable due tohealth, safety, or code violations and the rehabilitation is addressing the issues; or there is a severe case of hardship to household (housing and insurance expenses exceeds 50% of the fixed house income), the City of Boynton Community Improvement Manager or his/her designee will evaluate funding the first-year annual insurance premium, The appUcan1(s)isresponsible for all subsequent insurance premiums. To ensure compliance the City will be listed as an additional insured onthe insurance policy. Subordination ofthe SHIP program ksnwiUnotbeapprovedfmrapurposec¢herthanrefnance debt that was secured by the subject property prior to or of the same date of the SHIP program loan. The City of Boynton Beach will only allow one subordination approval during the term of the SHIP program loan, The City of Boynton reserves the right to deny any subordination request it deems not in its' or the homeowner's best interest. The authority toapprove subordinate requests urexceptions to the Subordination Policy will rest the City Manager orhis/her designee. � ineeded onditionin itJons that COUld cause the h(!!)me to be or become Uninhabitable, fl, ese condiUons to be considered on It case basis,, b. Fiscal Years CoverecL 2021 20 IQ2Z? 24 22 lI 458 S141P L14AP Flofi400,�Oysi'iq` C. rrco �g Cale ,qies to be Served: YD�yj,gA, .I�W -I -- jL j d Maximum Awar& . ... .... . ...... — ........ . . e, Terms: . ..... .... L R L 2, 1 ritrest Rate: 3, Years in Loan T :-NZA 4 N A 5. ReL,'jdy!MLLI.,..N/- . .. . ....... �2� 6, DefaUft.l N f. Rec jiVjgn,gqj,SeiecfionCrit( �.)igqjLs.wHl be ranked for assistance based on a first -5L - Lip —IP qahfiec first . ..... . . .. . .... . .... .".L . . .. . ........ frg,Eved basis, At least one homeowner residirlgjn the residence must be at Neast 62 ywars aLi� )[J'lave L . .... . .. - _/L dI,mernber of: the hpusehOd that is disaWed as.defiried L1y-!-"-,5,.A2aQ-QQ4J7 , Homeowner must have -) ............... owned and Homesteaded the prgggL!yg,� ��j eL.j,'2IiK4ja at �eastoney �Lrp jor to .5,,I.res ide rice for . . ...... . . .... ... . . . . . ....... ........ 0.0 y 2LI8A,ILLg,.App ZL s may i ft.�LLiy ijg �rs are nol ehgffite, i ,,!r residerice. Absentee owne �pL)ficarL ts, rnmitjaArL(,, �,Q�j .2AL�g.L!iLj� rnte�' est in the residence to b�,LLrrjmrovect. L 11!1L C.p _j q2 bikyL �-g-L -�,L D,eds that threaten the ho'neowner's.sfety,,.11?,iLuLqjq:Llit.y, and accessibil,n.I.y 9 1m) �Z,5 _3 �t2sl jj,LjLg �,ient Seiection Criteria� As nee a jLe e.�j f )en ication .1.-- .gIL , L�L___g2p-� . . . ........... . L)rocess Mil be utHized to select .. �brecj � -r . gjrrjj�g erLt,,j!jg t_nLo Lt. i brec� . ig ItiLL must be a Noin Profit .Develpjjg..!% Characterisfics in deter LjfL Jij- iri("'Jud kaqj_qqt be limit ed tw p a..,t atme m 5;_arxpjLLie c k co ._,i 1 pjrkji r incorne c rt'uflccaatrrada of axrJc_�,writ , S iNauMr(-Jf2:-jjt rnust be incordaorated al,J,Erastjiye.,eaE,,tjgjqLe.Qjp.LLHcaflon submission deafflinethe hiternaY . . . . . .......... . Revenue Service . ......... f,Nicatiopjgt gci�rit a a man gtLng..gat st�(-mjn ralace for effecti ec m t in o c L�Lt�±Yl-q io f ... A -L Undertake the,p[qjtqts.,�.LrI..O �eirnbrjrsernent basis t docurnentabon ± id ng d,,b a current audit or,o her .. . ......... — --- ..". -.e—_I- . .. . . .... . .. . .......... . . Cale fir�ancW condifig Su r i it wil f.Let ) maARIgrLi oj_j.,L CL e r\(c ost of 111-a—ts—hg w . s- , s -I -a - b" . . ...... . �,O tOtC I.SUknr¢ c uent award. Submij,2ient,wHUjt re( ��gjj,g iy� �LL2Ln.fj�iarjge rc rements . ..... jqL _L _,L tl- e,s aam u o sJor uro nitormnmra of S, I P-PDqBgjru�r_, h,Additin oal Wori rnadon� --- . ..... .. . . .. . ..... 1-. Eli -C bie.1,2�ppgjj i esj n cl u de's i rig mtj aq!i(yand condomirdurs,in JA� ilsj�gp!f CoridorniniU ris a e I iE�, i l,2 _jg�_ji2t!26or,repairs,.( nly. Rentgj ter arid Mobde Homes are . . . . ... ..... .............. in Wbie for assistance. 2 - ____.....l m � e ..Re r-Linfited Rehabibtaflon Grant assistance is one fli-ne on�y t, p -�2.-m .—Pi� --- . . -�tr address, ApjLhcant(s)as�!isted throq&fa.IN�rp L!,n,gy.j�gp�!ir-Urnited RehafAitation P in'i _L , , -�,a 9 .. ........ . . _EgL __ 12 459 SHIP LHAP FloridNOUSIA I I , 9 M SHIP assista ce duri i (,)q I h � ....... pg[L Uj fg, those I ouse o ds affectedby.,atc:tiriasteir that has been declared b an Executive Order of the PresWent or Governor. Y . I .' . - = M.L_--f- _._ � . .. ..21 ....... L.- ... ....... 3AH �Eqpg iust bcurent at t r e f a Ircation. 4. ___E b Ve _[L p q2t yj'qg5 .t be Located withinthe CityjjEnit ot.figtonea ynBch, .W........__... _Ai ru clirs shaH be su e to a [LhcaWe or s0ected buddin codes frorn the FBC 2020 71h' Edition -.1 _fl� �kltu_.n . 8 : .. . . . .. . ...... aind the Bo Amendments thereto. mow_.._._ _...jf,thej.-jL(jjjjEL! i. uninsurabie 'aa trra ti ,,al h s f _g�Lcp,o OoVatirsns and the rehabilitation is . . . . ... ....... S LUIt2Dt is a severe case of: h,ardship, a id �(j� rj�g n ie LF , 'L . . . .... . ... ...... . . . . ..... crx,pp se i c rn exceeds 50% of the fixed INou n o e I.annual insurance ±tj�,u r.r.i could b.e s q b.s _AL�!_LLe. �jq,.of the maximum award, The.app�icavvt,(s)_is,rts jLiaSubs insura c p D. B, 1 p!dAot.- ousi - Code 26 h .-M I -i-i- I RaL�W Rehot,�si Strat gy.js created to assist individuals or .. ...... . . .. . . ....... famMes who are homw.eless as defined �Y.Ls—AZQ.&�ajL I Q,_11 is is a househoW that lacks a residence and inckides a ViWsehoid that: . ... . . . . .. . . . .................... * Is hVir n y i a s i on � .1 eften * Has a -a,ri a ht. time resWe ce thatiLsaAl Lib w,�.Lrjgrvate p J,gLs rjfgE mu._Lu�o... __J_.._..'_ . ....... _ _L -1-1-1-1-12f tj j�gLjgLt or, ordinardy q, F �jt,gr.�i accornmoclation for hurnan i En- . .......... * s Is Wir jn,a,cgL. _p _qmWic' ace abancionedi byd� n orsirylilar, . ... .. ... ..... . ........ jinph im, * is hvir p in a rqL to a lack of alterna, as accommodations * Is sha 4 ..t.w.l.e hoys�r p,.2fj2AjLej' aersons due to lo s ofho j�,goLjgLpic_,,bards ur a yL�qg sirnHa • A.,!jk�gjL)Eyj icfiyiduawho alffies as horneless because he or she is hy" &C'Urnstances described above. b. Fiscal Years Covered� 2021-,2022,.2022-2023,.2023-2024 . . ......... . .... ....... -_- C Onc()Me ;eat aur Low dMaxin'rurn Award: 1 00 e. Terrns: 1. Re .1a me j un defe-redj '.911. U._nua� -1 ..... G.rant. 2. Interest Rate,NZjj 3, Years in Loan'r rrr,.s:,,N m 460 Still" L11AP 4, gy _!Jcants will be selected on a,first.gLia,[Ified and first served basis, �g!jmes of assistance have been identified and the household �aqks an exis r p e..LL�,j�n the Internal Revenue Servi Qq?,j!_the Homeless h. Additional Information: I� 3, 1:11 Ible household are hvnited to assistance on e.p,1F �tjLif 1 4� Disaster Assistance | Code 5,26 a. Summary of Strategy: In the event of a disaster declared by Executive Order of the President of the United States or Governor of Florida, SHIP funds that have not been previously encumbered will beused toprovide assistance toincomeeligible owner - occupied househn|ds|ocatedwithinthecity|imitsfo/thepurposeofnapaio,insurance deductibles, and obtaining short term temporary housing. b. Fiscal Years Covered: 2021-2022, 2022-2023, 2023-2024 M 461 S0IPUIAP c. Income Categories tobeserved: Very low, low and moderate d. Maximum award: $12,000.00 e. Terms: 1. Repayment loan/deferred loan/grant: The SHIP funds are provided in the form of a grant. 2. Interest Rate: N/A 3. Years in loan term: N/A 4. Forgiveness: N/A S. Repayment: N/A 6. Default: N/A � Recipient/Tenant Selection Criteria: Applicant(s) will be selected on a first-qualified,first-served basis with priority in accordance with section 1 (1) of this plan. 9. Sponsor Selection Criteria: N/A h. Additional Information: Property damage and eligible rehabilitation improvements will be confirmed through inspection by a City Building Inspector orConstruction Coordinator Ill. LHAP Incentive Strategies In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives with the policies and procedures used for implementation as provided in Section 420.9076, F.S.: A. Name ofthe Strategy: Expedited Development Review Permits asdefined ins.I63.3177(6)(f)(3)for affordable housing projects are expedited to a greater degree than other projects. Provide adescription mfthe procedures used tmimplement this strategy: The Department of Development is responsible for processing and facilitating affordable housing projects (e.g. site plan review, permitting, inspections, etc.) and expedites such reviews involving workforce and affordable housing units pursuant to the City's Expedited Development Review Program. In part, the Program requires assignment of a single staff liaison to ensure quick communications with staff, sets a maximum review period mf7 business days, defines/requires a quick conflict/problem resolution process, and allows consideration of a flexible or tailored fee schedule program (City Code of Ordinances, Part 111, Chapter 2, Article 1, Section 4). This benefit also applies to individual building permits for SHIP or CDBG rehabilitation projects (As adopted by 15 462 8BP0JAP resolution R22-032 — Affordable Housing Advisory Committee — FY 2021 Housing Incentives Recommendation Report). Moreover, the Department of Development has implemented a new electronic permit system. The new electronic permitting system has been calibrated to provide electronic notification to guide staff to proper implementation to the review process. In addition, relevant City staff will continue to educate developers about the new functionalities of the electronic permitting system. B. Name ofthe Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost ofhousing prior totheir adoption. Provide adescription ofthe procedures used toimplement this strategy: The Department of Development, the Community Improvement Division and the AHAC will continue to review all policies, procedures, ordinances, regulations and plan provisions to determine what effects, if any, they may have on the cost of producing affordable units prior to their passage. Proposed ordinances will be reviewed in sufficient time needed to evaluate and comment onany potential impact onthe provision mfaffordable housing, C. Other Incentives: Name ufthe Strategy: Flexibility |nResidential Densities The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing, Provide adescription ofthe procedures used toimplement this strategy: The City allows for increased floor area ratios and densities in selected residential districts to incentivize the provision of affordable dwelling units. The City has a density bonus in place as part of the Workforce Housing Program, A developer may elect to obtain a density bonus and/or a height bonus through the construction of the workforce units on- site or off-site, monetary contribution, donation of land, or purchase of units to be designated as workforce (City [ode of Ordinances, Part |||, Chapter I, Article V, Section Name ofthe Strategy: Parking and setback Requirements The reduction of parking and setback requirements for affordable housing. Provide adescription ofthe procedures used moimplement this strategy: Affordable housing units require a minimum of two (2) spaces regardless of the nurnber of bedrooms. All other homes are required to provide a rninimurn of two (2) spaces plus extra spaces depending on the total bedrooms provided. For construction of a new single- family or two-family structure, a minimum of two (2) spaces are required per unit, or one (1) space per bedroom, whichever is greatest. An exception may be made when the house is constructed for individuals meeting purchase or eligibility requirernents that include maximum income thresholds, then a maximum of two (2) parking spaces shall be required 16 463 per dwelling unit (City Code of Ordinances, Part 111, Chapter 4, Article V, Section 2.B). Name ofthe Strategy: Public Land Inventory The preparation of printed or electronic inventory oflocally owned public lands suitable for affordable housing. Provide adescription ofthe procedures used toimplement this strategy: The Community Improvement Division maintains a list of the current inventory of all vacant land including those properties owned by the City of Boynton Beach and Palm Beach County within the target area. A list of all available land and a list of vacant land suitable for affordable housing in the city, is available aae link onthe City's website for easy access for developers. Name ofthe Strategy: Support ofDevelopment Near Transportation HUBS The support of development near transportation hubs and major employment centers and mixed-use developments. Provide adescription ofthe procedures used toimplement this strategy: As part of the Workforce Housing Program, developers may be entitled to request higher density land use and zoning category, if providing workforce housing units, for projects located within the Downtown Transit Oriented Development District (City Code of Ordinances, Port |U, Chapter 1,Article V, Section 2.[). Narne of the S ate y: Fee Waivers for Affordal,,)le o 'rhe rno(fification of inipgq±-, Provide a d c i t,i W ,o 'the rocedures used oJr lernent this strate , �N12�irnkjrn Purchase Price Js t � M 464 N( EXHIBITS: Required A. Administrative Budget for each fiscal year covered in the Plan. B. Timeline for Estimated Encumbrance and Expenditure. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan. D. Signed LHAP Certification. E. Signed, dated witnessed or attested adopting resolution. 18 465 ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A. Exhibit A (2021) Citv of Bovinton Beach I Fiscal Year: 2021-2022 Estimated SHIP Funds for Fiscal Year: 536,430.00 Salaries and Benefits 11 - . ............ . .... . .... . . . ............ ....... .... ........ . .. . .. 49,430.00 Office Supplies and Equipment Travel Per them Workshops, etc. Advertising Other* Total 45,430.00 Admin % 8.47% OK Fiscal Year 2022-2023 Estimated SHIP Fundsfor Fiscal Year: . ......... 775,874.00 Salaries and Benefits 64,874.00 ,Office Supplies and Equipment Travel Per them Workshops, etc. Advertising Other* Total 64,874.00 Admin % 8.36% Ox Fiscal Year 2023-2024 Estimated SHIP Funds for "Fiscal Year: 937,892.00 Salaries and Benefits 93,789.00 Office Supplies and Equipment Travel Per them Workshops, etc. Advertising Other* .. ... ...... ......... Total 93,789.00 _ Admin % 10- �o0% OK *All "other" items need to be detailed here and are subject to review and approval by the SHIP review committee. Project Delivery Costs that are outside of administrative costs are not to be included here, but must be detailed in the LHAP main document. 466 [eff. date]��—�----- Exhibit 8 Timeline for SHIP Expenditures City of Boynton Beach affkmsthat funds allocated for these fiscal years will (local government) meet the following deadlines: Fiscal Year Encumbered Expended 111 Year AR 2 "d Year AR Closeout AR 2021-2022 6/30/2023 6/30/2024 9/15/2022 9/15/2023 9/15/2024 2022-2023 6/30/2024 6/30/2025 9/15/2023 9/15/2024 9/15/2025 2023-2024 6/30/2025 6/30/2026 9/15/2024 9/15/2025 /9/15/2026 If funds allocated for these fiscal years is not anticipated to meet any of the deadlines in the table above, Florida Housing Finance Corporation will be notified according to the following chart: Fiscal Year Funds Not Encumbered Funds Not Vt Year AR Expended Not Submitted 2 nd Year AR Not Submitted Closeout AR Not Submitted 2021-2022 3/30/2023 3/30/2024 6/15/2022 6/15/2023 6/15/2024 2022-2023 3/30/2024 3/30/2025 6/15/2023 6/15/2024 6/15/2025 2023-2024 3/30/2025 3/30/2026 6/15/2024 6/15/2025 6/15/2026 Requests for Expenditure Extensions (close-out year ONLY) must be received by FHFC by June 15 of the year inwhich funds are required tobeexpended. The extension request shall beemailed &o �n� and include: ,Ld 1A statement that "(city/county) requests an extension to the expenditure deadline for fiscal year 2. The amount offunds that isnot expended. 3. The amount offunds that bnot encumbered orhas been recaptured. 4. Adetailed plan ofhow/when the money will beexpended. Note: on extension to the expenditure deadline (June 30) does not relieve the requirement to submit (September 15) the annual report online detailing all funds that have been expended. Please email Other Key Deadlines: AHAC reports are now due annually by December 31. Local governments receiving the minimum (or less) allocation may choose not toreport. 467 LHAP Exhibt C 2018 qualifies for s Max. SHIP Max. SHIPT Mad Max. SHIP Without T Code Rental 75%sat-asid� VLIUnitsu Award LI units Award a Unir�—ft Award Construction Construction l Total ^� UnR.s M 0,4101 8% 1 (YX Total All Funds $ 536,430 06 Cage Cmnstructian/Rehab (15% requirement) Ss.9°/, UK —hip %(65% requirement) 91.5% N( _....... .......... Restriction. (25%) 00K wincome.(30-A requlremant� � —_. $`-232,000 43.246 come (30% requirement) """.---_...... 24�7,0t7¢ � 476 (r/(, ..._.___ CPN[ 468 FLORIDA HOUSING FINANCE CORPORATION ---- --�-� HOUSING DELIVERY GOALS CHART-_--- - -_ _m2421-2422 Name of Local Government: City of Boynton Beach coda Estimated Funds( Anticipated allocation onlyl: Strategies Homeownership qualities "' 75%set-aside 5 VLt Horn, 536,430 Max. SHIP U Units Max. SHIP Med Award Award Units Max. SHIP Award Construction Without Construction Total Units 12 'Purchase Assets- With Rehabllftitm, Yes 1 .$19,000 2 $.65.000 0 525,000 $205,00ON) ,50.00 $205,WO.00 :# 3;16 Chmer occupant Rehabilitation Yes 1 $95,Oco 1 $85,000 0 $50,000 >180,000.(u) $0.00 $180,00Goo 2 8 emergency Repair Yes 1 $20,000. 1. $20,OW 0 $ $40,0(-X).00 — $0.0 _.� $40,000.00 2 26 Rapid Re, Housing No 3 $10,000, $0 $0 $(1.00 $:m,w).00 530,000.00 -�^ 3 5... p7saatdr RaRat Yes 1. 5141006. 1 $121000 1 $12,000 $36,000.00 $0.00 $'3( )00.00 3 $0,00 $0.00 $0.00 0 $0,4)f) $0.00 $0.00 .�.�. 0 Su17.00 $P).00 �� $0.00 0 $0,00 50.00 $0.00 0 ...,.... ""^ $O.W $0.00 10.;10 0 Total Haeownership m 7 1 �,$461,O0000 30,0(X) WL $'497.,00(7.00 13 Purchase Price Limits: --- New $ 331,888 Existing $ 331,833 _ �- —"---_ _....__...__ qualifies for s Max. SHIP Max. SHIPT Mad Max. SHIP Without T Code Rental 75%sat-asid� VLIUnitsu Award LI units Award a Unir�—ft Award Construction Construction l Total ^� UnR.s M 0,4101 8% 1 (YX Total All Funds $ 536,430 06 Cage Cmnstructian/Rehab (15% requirement) Ss.9°/, UK —hip %(65% requirement) 91.5% N( _....... .......... Restriction. (25%) 00K wincome.(30-A requlremant� � —_. $`-232,000 43.246 come (30% requirement) """.---_...... 24�7,0t7¢ � 476 (r/(, ..._.___ CPN[ 468 LHAP Enhibt C 2019 FLORIDA HOUSING FINANCE CORPORATION HOUSING DELIVERY GOALS CHART . 2072-2023 City of Boynton Beach Estimated Funds (Anticipated all—tion only: $ 775,874 Strategies Qualifies for Max. SHIP Code 7S%set-aside Vtl Units Award Hnmaawnership Ll Units Mex. SHIP Mad Max. SHIP Award Vnfts Award Without Construction Construction Total Units 1,2 PumhaseAssista—with RehablRtPan Yee 0 $7.5,000 2 $6.5;00) 1 $25,000 .$155,(x70.00 10.(70 155,OQO.00� 3 3,16 Owner Occupied RohabdRatian V. .0 $95,0470 0 $85,000, 1 $50,000 $.rq,(NJO.Cl47 10.6E $50,(100.60 {. 6 Emergency Repair Yes 10 a20,SKp. 9 $20,000 $0 —__ 438(7,000.00 $0.00 $380,(1(x).017 _ 19 26 Rapid Re-HeudmIi No 9 $10,0" _ 87.0(N) $0 So $'0,00 $90,owrx) $90,000.00 9 5.. 0400.1 Relief He 1 $12,000 1 $12, 1 $12,000 $0.00 $36,000.00 $36,(1f/0A0 3 $0.00 10.00 $O oo 0 $0.00 $0.170 50,(7 O £$000 30m MAX) 0 $0.00 �...____... ✓O.CN7 $0.00 0 $0.00 50AO $().00 0 Total Hamaownerohip 20 12 3 $°ig5,0(M.(YO�126,00(1.0(7 $'711,000.00 35 Purchase Price Lirnits: New $ 331,888 Existing $ 331,888 .LL— _______�__.. ._ _ (lualifiaz far n Max. SNIP Man. SHIPTMad Max.SHIP Withauk Cade --- Rental ��596 set-asida�Vtl Units�� Award tl Vnitz Award Units Award Canstructian^Canstructiarr Total Vnits. Administration Fees $.. 84;874 $%f.JM Hame Ownership Caunsahng $ Total All Funds $ 775,874 09 cage Construd ion/Rehab (75% requirement) 75.4% W, rrership%(65% requirement) __...._._.91.6%..____ ....._....._ OF__. Restriction (25%) -".—"— 0.0% ___.__......._....Ox .....__._.....� rw Income 3EWF, re qu reme d4t O()0 38 914E -—_._..._. GIaP¢ qm ament _ 3121%7C1 4S ti% OW. come _...._..__... ......0 .,.. ._..... ...._.._.._ ste Income "S _ 87.0(N) _. - 1]..2"R. W 1. 469 LHAP Exhibl, C 2021 Code Renal TQualifies far VLI Units Max. IP Ll Units Max. 1p Max. SHIP Total .its Aw.,Mai"ni'TE." c I M=111 Administration 91,185 1 oy. ON — HeOve-oxhip Counseling 1 11 1 Total All Funds $ 934,799 0K EmEmmamrEmMEM11 Percentage Custmcs.n(R.h.b (755/—q.inarnan!) 76'2% OK Homeownership % IRS% requirement) 99.7% OK Rental Restriction 125%) 0.0%, OR 470 FLORIDA HOUSING FINANCE CORPORATION HOUSING DELIVERY GOALS CHART 2023-2024 Name of Local Government: Cfty of Boynton Beach Estimated Funds (Anticipated allocation only); Strategies Q..Iffns to, H.namen—ship 75% set—ids —�L1T1-1s--.--a` 937,892 d U Units Max. SHIP Award Mod Units Max, SHIP Award construction Without Construction Total Units 1,2 —�4echo Zxh�;00;.ftR.ha�IKo_n x 0 2— $65,CKK) 0 $25,006 5140,000,0() $0,00 $130,000,00 2 3,16 Capmer 00-phed Remblift.09. Yes I $55,00D 2 1185,00Ci 0 $50,000 $2.65,NX.) 00 $0.00 $265,0170,00 3 6 Emejency Repair Yes 8 s2oow 8 $zo'000 So $320,000 .00 $0,(X) 5320'Wo 00 16 T Rapid R2 -Housing No 9 _71—oom $0 $0 $0.00 590'000.00 $90,000.00 9 5 Dficeste, RwI.f No 1 $12,ow 2 $12,000 1 $12,000$0,00 $36,(X)0 00 $36,CK)O 00 3 Wi 00 $0.00 lg)0o WOO $0.00 $0100 0 $0,00 $).00 0.00 01 $0,00, W 00 $ow, ol 'Ono MOO () T..l H.rn—nerelup 13126,W0 00 41,CX)0,00 33 Pmch.. PriceLomW Existing 331,88,11 Code Renal TQualifies far VLI Units Max. IP Ll Units Max. 1p Max. SHIP Total .its Aw.,Mai"ni'TE." c I M=111 Administration 91,185 1 oy. ON — HeOve-oxhip Counseling 1 11 1 Total All Funds $ 934,799 0K EmEmmamrEmMEM11 Percentage Custmcs.n(R.h.b (755/—q.inarnan!) 76'2% OK Homeownership % IRS% requirement) 99.7% OK Rental Restriction 125%) 0.0%, OR 470 Fxhibit 1) 67-37.005(l), F.A.0 2021-2024 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Uovernment or Interlocal Entit _C Jt it Bo �nton�Beach_ Certifies that: (1) The availability ofSlllP Funds will be advertised pursuant to program requirements in 420.907- 420.9079, Florida Statutes. (2) All SHIP funds will be expended in a manner which will ensure that there will be no discrimination on the basis ofrace, color, national origin, sex, handicap, familial Status, or religion. (3) A process to determine eligibility and for selection ofrecipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly ifthe local government /interlocal entity will be unable to comply with an)/ provision of the local housing assistance plan (t,I ]AP). (6) The LMAP provides a plan for the encumbrance of funds within twelve months of the end ofthe State fiscal year in which they are received and a plan t`or the expenditure of Sl Ill-) funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which the,.)/ are received. 1 (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the I Local Government Comprehensive Plan will be initiated at the next available opportunity to insure cont'ormance with the LL -IAP. (8) Amendments to the approved LHAP shall be provided to the Florida. I lousing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured Funds. (10) AMOUnts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (1 1) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local goverm-rents 3LIdited financial statements (CAFR). An electronic copy of the CAFR or a hyperlink to the document shall be provided to Florida Housing by June 30 of the applicable year. 471 Exhibit D 67-3TO05(1), F.A.C. 2021-2024 (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds, (14) Developers receiving assistance frorn both SHIP and the I....ow-Income Housing Tax Credit (1 -11 -ITC) Program shall comply with the income, aff'ordability and other l-llFFC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, County or local housing financing authority may rely on such monitoring and determination of tenant eligibility, (17) "I"he LHAP rneets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami -Dade County). Witness Witness I ) a jte OR Ti- Attest:r tan7ir (Seal) aMMYV IL Sti�n �e X, Y Type Name and Title N 6.0 Consent Agenda 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Proposed Resolution No. R23-153- Conveying City -owned property to the Boynton Beach Community Redevelopment Agency (BBCRA). Requested Action: Approve and authorize the Mayor to sign a Quit Claim Deed transferring the City of Boynton Beach property located at 1101 N. Federal Highway, Boynton Beach, FL to the Boynton Beach Community Redevelopment Agency (BBCRA). Explanation of Request: On October 1, 2019, the City Commission authorized the City Attorney to file a foreclosure lawsuit for the Property located at 1101 N. Federal Highway, Boynton Beach, FL 33435, a non -homesteaded and vacant commercial property, which had accrued more than $600,000.00 worth of code and lot mowing liens at the time. On March 17, 2022, the Clerk of the Circuit Court certified, executed and filed the Certificate of Title, which was ultimately recorded in the Public Records of Palm Beach County (OR BK 33431 PG 943-944). On March 1, 2023, the 11th Circuit Court of Appeals affirmed the Southern District of Florida's ruling to dismiss property owner's action against the city with prejudice. This lawsuit by the property owner was in regards to the City's deeming of the structure to be unsafe. On May 12, 2023, the 4th District Court of Appeals affirmed the lower court's ruling which granted the City's Motion for Summary Judgement. In September 2023, the City completed the demolition of the small existing commercial building that was the subject of a lengthy unsafe structure case and the property is currently an unimproved lot. On September 23, 2023, the City received a formal request from the Boynton Beach Community Redevelopment Agency to transfer ownership of the parcel. Property Details: Address:1101 N. Federal Highway PCN: 08-43-45-21-32-008-0010 How will this affect city programs or services? This Property is located within the 473 Community Redevelopment Agency (CRA) district and is at the entrance to Martin Luther King Jr. Blvd. The Transfer of this property to the CRA will further promote the goals and objectives of the City. Fiscal Impact: If the property is not transferred, then the City will need to expend funds in order to continue to maintain the vacant lot. Attachments: R23-153 Resolution approving Transfer of 1101 N Federal Hwy to CRA Quit -Claim Deed to BBCRA (1101 N Federal Hwy).pdf Copy of Certificate of Title for 1101 N Federal Hwy..pdf PBC Property Appraiser.pdf 1101 N Federal Hwy Aerial.pdf City Attorney Memo - Ho State Appeal.pdf City Attorney Memo - Ho Federal Appeal.pdf 1101 N Federal Hwy Property Transfer Request Ltr From BBCRA to COBB.pdf 474 I RESOLUTION NO. R23-153 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN A QUIT CLAIM DEED TRANSFERRING THE CITY OF 6 BOYNTON BEACH PROPERTY LOCATED AT 1101 NORTH 7 FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE 8 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 9 (CRA); AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on October 1, 2019, the City Commission authorized the City Attorney to 12 file a foreclosure lawsuit for the Property located at 1101 N. Federal Highway, Boynton Beach, 13 FL 33435, a non -homesteaded and vacant commercial property, which had accrued more than 14 $600,000.00 worth of code and lot mowing liens at the time; and 15 WHEREAS, on March 17, 2022, the Clerk of the Circuit Court certified, executed and 16 filed the Certificate of Title, which was ultimately recorded in the Public Records of Palm Beach 17 County; and 18 WHEREAS, this Property is located within the Community Redevelopment Agency 19 (CRA), immediately adjacent to another CRA -owned property and the transfer of this property 20 to the CRA will further promote the goals and objectives of the City; and 21 WHEREAS, the City Commission, upon recommendation of staff, deems it in the best 22 interest of the Citizens and residents of the City of Boynton Beach to approve and authorize 23 the Mayor to sign a Quit -Claim Deed transferring the City -owned property located at 1101 24 North Federal Highway to the Boynton Beach Community Redevelopment Agency. 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 true and correct and hereby 28 ratified and confirmed by the City Commission. S:ACA\RESO\Real EstateATransferring 1101 N Federal Hwy To CRA - Reso.Docx 475 I Section 2. The City Commission of the City of Boynton Beach hereby approves and 2 authorizes the Mayor to sign a Quit -Claim Deed transferring the City -owned property at 1101 3 North Federal Highway to the Boynton Beach Community Redevelopment Agency. A copy of 4 the Quit -Claim Deed is attached hereto as Exhibit "A". 5 Section 3. That this Resolution will become effective immediately upon passage. 6 PASSED AND ADOPTED this 17th day of October, 2023. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 Maylee De Jes6s, MPA, MMC 29 City Clerk 30 31 32 (Corporate Seal) 33 34 35 36 37 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\Real EstateATransferring 1101 N Federal Hwy To CRA - Reso.Docx 476 This Instrument was Prepared by: David N. Tolces, Esquire WEISS SEROTA HELFMAN COLE & BIERMAN 2255 Glades Road, Ste, 200-E Boca Raton, FL 33431 PIN: 08-43-45-21-32-008-0010 QUIT CLAIM DEED THIS QUIT CLAIM DEED made this day of October, 2023 between the City of Boynton Beach, a Florida municipal corporation, whose post office address 100 E. Ocean Avenue, Boynton Beach, Florida 33435, (hereinafter referred to as "Grantor") and Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S whose post office address is 100 E Ocean Ave 4th floor, Boynton Beach, FL 33435 (hereinafter referred to as "Grantee"). "Grantor" and "Grantee" are used for singular or plural, as context requires. WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by Grantee, receipt whereof is hereby acknowledged, has granted, bargained and quit -claimed to said Grantee and Grantee's successors and/or assigns forever the following described real property situate, lying and being in PALM BEACH County, Florida, to wit: Lot], Block A, LAKE ADDITION TO BOYNTON, FLORIDA, a subdivision of the City of Boynton Beach, Florida, according to the Plat thereof, as recorded in Plat Book 11, Page 71, of the Public Records of Palin Beach County, Florida, less and except the east 17 feet of Lot I (when measured at right angles to the east line of said lot) Block A and that part of Lot 1, Block A, which is included in the external area formed by a 12 foot radius are tangent to the south line ofsaid Lot I and tangent to a line 17 feet westerly of and parallel to the east line of said Lot 1, Block A, Lake Addition to Boynton, Florida, according to the plat thereof, as recorded in Plat Book 11, Page 71. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of said Grantee forever. IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and 477 year first above written. Signed, sealed, and delivered in the presence of: Witness (Print Name) Witness (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF BOYNTON BEACH, a Florida municipal corporation By: Ty Penserga Title: Mayor The foregoing instrument was acknowledged before me by means of online notarization or physical presence this day of October, 2023 by Ty Penserga, as Mayor of the City of Boynton Beach, on behalf of the City, who is personally known to me or has produced a Florida Driver's License as identification. NOTARY PUBLIC 2 of 2 478 9/22/23. 11:43 AM Landmark Web Official Records Search CITY OF BOYNTON BEACH l/llJ» pili Plaintiff(s) ! Petitioner(s), VS. BENJAMIN HO; KAREN HO; UNKNOVIG�BTJANT IN POSSESSION; WING HO; FOUNTAINS OF PALM BEACH CONDOMINIUM INC #3 /"' D fend t / Re dent s e an {s) Spon O ��„� 1 1e, Gid; C" I i��ICATE OF TITLE ai��i ill �, ,l� THE UNDERSIGNED CLERK OF this Circuit Certifies that a Certificate of Sale was executed and filed in tri/i this action on March 17, 2022 for the property descr' 61 15erein and that objections to the sale have either not been filed within the time allowed by statutory law or, if flied, 'i°�y been heard by the court. The property in Palm Beach County, Florida is described as follows:��i�,,,, WUo Street address- 11 1 '.N. Federal. Hi.... ; Y tt JJ oynton Beach,, Florida, 33435 ull�»/iiiiml�lflm LOT 1. BL # , Lake Add tion to Boynto�/r� ; arida, According to the plat thereof, as recorded in Plat Boo 11, P � 1 � � of the Public, Records,of P [tn Beach. County, Florida, less and �1�ra e east 1.7 feet of Lot 1 iwhen measured fit rig�it.:angles t�-� theeast lin.,01,li" S d lot) .Bloc; A and. t1 Rt part of Lot 1; Bloch. ., which is included in xte l �.rea on-ned bar a 1. fo girls ars; tangent to tete soy lb, fine of said Lot .l. and tangent t a I hie 1.7 diet westerly o and parallel t thecat line of said Liot: 1. f �=�,hwAl L9.1we Addition.. tea .r` -t � to�a, .� l �ida s according t�? the plat thereof, as recorded t1 Plat: Boo 1.1; .Pa 71. 1"C' 08-43-45 21-32-008-0010 was sold to: CITY OF BOYNTON BEACH C/O GOREN, CHEROF, DOODY & EZROL, P.A. 3099 E Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308. Consideration: $200,100,00 Documentary stamps: $0.00 WITNESS my hand and seal of this Court on March 30, 2022, Joseph Abruzzo, Clerk of the Circuit Court & Comptroller, Palm Beach County By: Z Deputy Clerk, Tequierra Barrett FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK 3130/2022 2:12:02 PM 479 https://erec.mypalmbeachclerk.com/Search/DocumentAndlnfoByBookPage?Key=Assessor&booktype=O&booknumber=33431&page number=943# — CFN 20220139168 OR BK 33431 PG 943 RECORDED 03/31/2022 09:17:09 Palm Beach County, Florida IN THE CIRCUIT COURT OF THE JUDICIAL AMT CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Joseph Abruzzo Clerk Pgs 0943-0944, (2Pgs) CASE NO. 502019CA015764XXXXMB CITY OF BOYNTON BEACH l/llJ» pili Plaintiff(s) ! Petitioner(s), VS. BENJAMIN HO; KAREN HO; UNKNOVIG�BTJANT IN POSSESSION; WING HO; FOUNTAINS OF PALM BEACH CONDOMINIUM INC #3 /"' D fend t / Re dent s e an {s) Spon O ��„� 1 1e, Gid; C" I i��ICATE OF TITLE ai��i ill �, ,l� THE UNDERSIGNED CLERK OF this Circuit Certifies that a Certificate of Sale was executed and filed in tri/i this action on March 17, 2022 for the property descr' 61 15erein and that objections to the sale have either not been filed within the time allowed by statutory law or, if flied, 'i°�y been heard by the court. The property in Palm Beach County, Florida is described as follows:��i�,,,, WUo Street address- 11 1 '.N. Federal. Hi.... ; Y tt JJ oynton Beach,, Florida, 33435 ull�»/iiiiml�lflm LOT 1. BL # , Lake Add tion to Boynto�/r� ; arida, According to the plat thereof, as recorded in Plat Boo 11, P � 1 � � of the Public, Records,of P [tn Beach. County, Florida, less and �1�ra e east 1.7 feet of Lot 1 iwhen measured fit rig�it.:angles t�-� theeast lin.,01,li" S d lot) .Bloc; A and. t1 Rt part of Lot 1; Bloch. ., which is included in xte l �.rea on-ned bar a 1. fo girls ars; tangent to tete soy lb, fine of said Lot .l. and tangent t a I hie 1.7 diet westerly o and parallel t thecat line of said Liot: 1. f �=�,hwAl L9.1we Addition.. tea .r` -t � to�a, .� l �ida s according t�? the plat thereof, as recorded t1 Plat: Boo 1.1; .Pa 71. 1"C' 08-43-45 21-32-008-0010 was sold to: CITY OF BOYNTON BEACH C/O GOREN, CHEROF, DOODY & EZROL, P.A. 3099 E Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308. Consideration: $200,100,00 Documentary stamps: $0.00 WITNESS my hand and seal of this Court on March 30, 2022, Joseph Abruzzo, Clerk of the Circuit Court & Comptroller, Palm Beach County By: Z Deputy Clerk, Tequierra Barrett FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK 3130/2022 2:12:02 PM 479 https://erec.mypalmbeachclerk.com/Search/DocumentAndlnfoByBookPage?Key=Assessor&booktype=O&booknumber=33431&page number=943# — 9/22/23. 11:43 AM Landmark Web Official Records Search CFN 20220139168 BOOK 33431 PAGE 944 2OF2 480 https://erec.mypaImbeachclerk.com/Search/DocumentAndInfoByBookPage?Key=Assessor&booktype=O&booknumber=33431&pagenumber=943# — Property Detail Parcel Control Number: 08-43-45-21-32-008-0010 Location Address: 1101 N FEDERAL HWY Owners: BOYNTON BEACH CITY OF Mailing Address: GOREN CHEROF DOODY & EZROL P A C/O 3099 E COMMERCIAL BLVD STE 200,FORT LAUDERDALE FL 33308 4395 Last Sale: MAR -2022 Book/Page#: 33431 /943 Price: $0 Property Use Code: 1100 - STORES Zoning: C4 - C4 GENERAL COMMERCIAL (08-BOYNTON BEACH) Legal Description: LAKE ADD TO BOYNTON LT 1 BLK A Total SF: 2460 Acres 0.1067 2023 Values (Preliminary) 2023 Taxes (Preliminary) Improvement Value $3,557 Ad Valorem $0 Land Value $195,258 Non Ad Valorem $1,200 Total Tax $1,200 Total Market Value $198,815 2023 Qualified Exemptions Assessed Value $198,815 Exemption Amount $198,815 Taxable Value $0 Applicants All values are, as of'January 1st each year. Building Footprint (Building 1) Subarea and Square Footage (Building 1) Description Area Sq. Footage 4' RETAIL STORE 2460 Total Square Footage : 2460 Extra Features Description Year Built Unit Paving- Asphalt 1984 1312 �" Unit may represent the perimeter, square footage, linear footage, total number or other measurement. Structural Details (Building 1) MAP Description p 1. Year Built 1958 l' ` I I� 2. RETAIL SINGLE OCCUP 2460 ME 11th dkv 4 f� a f s f 1 f f J�J Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 9/22/2023 481 DOR(,)rH'YJACKS "f" V, wf,., f,' lazzic INTER -OFFICE CORRESPONDENCE MEMORANDUM TO: Mayor Ty Penserga Members of the City Commission Dan Dugger, City Manager Maylee De Jesus, City Clerk CC: Lynn Swanson, Legal Services Administrator FROM: Michael D. Cirullo, Jr., City Attorney At1Oe Heather Needelman, Assistant City Attorney XN DATE: May 15, 2023 RE: Wing Kei Ho and Karen Yeh-Ho v City of Boynton Beach 4t" DCA Case No. 4D22-479 Subject Property: 1101 N. Federal Highway, Boynton Beach, FL 33435 This memo is intended to provide an update to the above referenced litigation. We are pleased to attach hereto the 4t" District Court of Appeal's Opinion affirming the lower court's ruling which granted the City's Motion for Summary Judgment. The 4t" District issued its Mandate on May 12, 2023, which closes the appeal in that court. This office has successfully defended the City in both the circuit court and the appellate actions. If you have any questions or need any additional information, please do not hesitate to contact me. MDC:HN/cld Attachment (00562789.1 306-9001821} 483 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT WING KEI HO and KAREN YEH-HO, Appellants, u CITY OF BOYNTON BEACH, Appellee. No. 4D22-479 [April 20, 2023] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Donald W. Hafele, Judge; L.T. Case No. 50-2019-CA- 015764-XXXX-MB. Wing Kei Ho and Karen Yeh-Ho, Boynton Beach, pro se. Heather Needelman and Michael D. Cirullo, Jr. of Goren, Cherof, Doody 8v Ezrol, P.A., Fort Lauderdale, for appellee. PER CURIAM. Affirmed. MAY, CIKLIN and KUNTZ, JJ., concur. Not final until disposition of timely filed motion for rehearing. 484 i1►111Aas] a9CA V4161aaV111670111a0[a]4 MEMORANDUM TO: Mayor Ty Penserga Members of the City Commission CC: Daniel Dugger, City Manager Andrew Mack, Deputy City Manager Kathryn Matos, Assistant City Manager Adam Temple, Assistant City Manager John Kuntzman, Building Official FROM: Michael D. Cirullo, Jr. City Attorney=CP Heather Needelman, Assistant City AttorneylW DATE: May 15, 2023 RE: City of Boynton Beach adv. Karen Ho and Wing Ho 11th Circuit Court of Appeals Case No. 22-11542 Lower District Court Case No: 81023-CV-Middlebrooks Subject Property: 1101-1103 N. Federal Highway, Boynton Beach, FL 33435 ("Subject Property") We are pleased to advise that on March 1, 2023, in the above referenced federal action filed against the City, the 11th Circuit Court of Appeals ("the Court") affirmed the Southern District of Florida's ruling to dismiss Karen and Wing Ho's ("the Ho's") action against the City with prejudice. Dismissal with prejudice means that the Court entered a final disposition of the Hos' claims in their Amended Complaint and such claims are barred from any future action. This case was initiated by the Hos because the City's Building Board of Adjustment and Appeals ("Board") upheld the decision of the City's Building Official deeming the Subject Property an unsafe structure and ordered demolition of the Subject Property. Based on this decision by the Board, the Hos filed lawsuits against the City seeking an injunction to stay demolition. The current appeal is as a result of the second lawsuit filed by the Hos against the City. An appeal of the City's final judgment of foreclosure remains pending in a state appellate court. We expect a decision in that state court appeal within the next 3-4 months. A copy of the Court's opinion is attached. As the Hos failed to file a petition for rehearing and failed to appeal the Court's opinion, we will now be closing our file on this matter. M DC: H N/cld Attachment 485 [DO NOT PUBLISH] Gln thr Unitc� ,�tates &uurt of Appcals ;fur the 4 1onnth C ircnrf No. 22-11542 Non -Argument Calendar WING KEI HO, HO YEH KAREN, versus CITY OF BOYNTON BEACH, Plaintiffs -Appellants, Defendant -Appellee. Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:21-cv-81023-DMM 486 U CA11 Cosa: ®11542Document: 7®1 Date Filed: 03/01/2023 Pogo: 2 of 10 2 Opinion of the Court 22-11542 Before NEWSOM, LAGOA, and BRASHER, Circuit Judges. PER CURIAM: Wing and Karen Ho, proceeding pro se, appeal the district court's dismissal of their amended complaint against the City of Boynton Beach alleging claims under Florida and federal law based on the City's planned demolition of their building. On appeal, the Hos assert the district court erred in dismissing their amended complaint (in part without prejudice and in part with prejudice) for failure to state a claim. They also argue that the district court should not have denied their motion for an extension of time to file a second amended complaint and dismissed the action with preju- dice for failure to timely file a second amended complaint. After careful review, we affirm. I The Hos first assert that the district court should not have dismissed their amended complaint because, according to them, their complaint was not a shotgun pleading and they have evidence that their property is safe and should not be foreclosed. The Hos challenge the district court's ruling on each of the following claims presented in their amended complaint (1) discrimination, (2) negligence, (3) unjust enrichment, (4) commercial bad faith, (5) in- tentional infliction of emotional distress, (6) tortious interference with a business relationship, and (7) request for a preliminary in- junction. 487 22-11542 Opinion of the Court 3 We review de novo the dismissal of a complaint for failure to state a claim under Fed. R. Civ. P. 12(b)(6). Glover v. Liggett Grp., Inc., 459 F.3d 1304, 1308 (11th Cir. 2006). We accept factual allegations in the complaint as true and construe them in the light most favorable to the plaintiff. Id. Though prose parties are held to a less stringent pleading standard, they still must suggest some factual basis for a claim. Jones v. Fla. Parole Comm 'u, 787 F.3d 1105, 1107 (11th Cir. 2015). Rule 8 requires pleadings to contain "a short and plain state- ment of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). While detailed factual allegations are not required, a pleading that offers "labels and conclusions or a formu- laic recitation of the elements of a cause of action will not do." Ash- croft v. Iqbal, 556 U.S. 662, 678 (2009) (quotation marks omitted). To survive dismissal under Rule 12(b)(6), a complaint must contain facts that allow the court to draw a reasonable inference that the defendant is liable for the misconduct alleged. Id. The two-pronged approach that a court should follow in evaluating the sufficiency of a complaint is as follows: (1) eliminate any allegations in the complaint that are merely legal conclusions, and (2) assume the veracity of the well -pleaded factual allegations and determine whether they plausibly suggest an entitlement to relief. Id, at 680- 82. The Civil Rights Act of 1964 prohibits discrimination in var- ious areas such as public accommodations, public education, feder- ally assisted programs, and employment. 42 U.S.C. §§ 2000a, 488 4 Opinion of the Court 22-11542 2000c, 2000d, 2000e. Likewise, Florida law prohibits discrimination in education, employment, and public accommodations. Fla. Stat. § 760.07. The Equal Protection Clause of the Fourteenth Amendment prohibits states from denying people the equal protection of the laws, which means "all persons similarly situated should be treated alike." City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439 (1985) (quotation marks omitted). To state an equal protection claim, a plaintiff must show (1) that he is similarly situated to others who have received more favorable treatment and (2) that the state engaged in invidious discrimination against him based on race, re- ligion, national origin, or some other constitutionally protected in- terest. Sweet v. Secy, Dep tofCorr., 467 F.3d 1311,1318-19 (11th Cir. 2006). The elements of negligence under Florida law are: (1) a duty to the plaintiff, (2) defendant's breach of that duty, (3) legal or prox- imate cause, and (4) actual damages. Wallace v. Dean, 3 So. 3d 1035, 1046 & n.18 (Fla. 2009). Florida courts have recognized that a governmental entity's enforcement of laws and protection of public safety, including building inspection and condemnation, do not create a common law duty of care. Trianon Park Condomin- ium Assn, Inc. v. City of Hialeah, 468 So. 2d 912, 919-20 (Fla. 1985). The elements of an unjust enrichment claim under Florida law are: (1) the plaintiff conferred a benefit on the defendant, who has knowledge thereof; (2) the defendant voluntarily retained the 489 22-11542 Opinion of the Court 5 benefit; and (3) the circumstances are such that it would be inequi- table for the defendant to retain the benefit. Tooltrend, Inc. v. CMT Utensili, SRL, 198 F.3d 802, 805 (11th Cir. 1999). Unjust en- richment is a form of implied or quasi -contract. Id. "In Florida, sovereign immunity is the rule, rather than the exception." Pan Am Tobacco Corp. v. Dept of Corr., 471 So. 2d 4, 5 (Fla. 1984). Florida law waives sovereign immunity for the state and its subdivisions for tort liability but not contractual liabil- ity. Id. (citing Fla. Stat. § 768.28). The Florida Supreme Court has found that sovereign immunity is not a defense to express contract claims. Id, at 4-5. But Florida courts have held that sovereign im- munity is a defense to implied contracts. See City ofFortLauder- dale v. Israel, 178 So. 3d 444, 447 (Fla. Dist. Ct. App. 2015). Despite a waiver of tort immunity, Florida law bars munici- pal liability for acts by its agents "committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property." Fla. Stat. § 768.28(9)(a). We have explained that Florida courts have held that claims of intentional infliction of emotional distress are barred under this statute. Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1330 (11th Cir. 2015). The elements of tortious interference with a business rela- tionship are: (1) the existence of a business relationship, (2) knowledge of the relationship on the part of the defendant, (3) an intentional and unjustified interference with the relationship by the defendant, and (4) damage to the plaintiff as a result of the 490 6 Opinion of the Court 22-11542 breach of the relationship. Ethan Allen, Inc. v. GeorpetowL Manor, Inc., 647 So. 2d 812, 814 (Fla. 1994). A contract is not re- quired, but "the alleged business relationship must afford the plain- tiff existing or prospective legal or contractual rights." Id. The el- ements for tortious interference with contract are the same, but a contract is required. See Smith v. Ocean State Bank, 335 So. 2d 641, 643 (Fla. Dist. Ct. App. 1976). To obtain a preliminary injunction, plaintiffs must show: (1) they have a substantial likelihood of success on the merits; (2) ir- reparable injury will be suffered unless the injunction issues; (3) the threatened injury to the movant outweighs whatever damage the proposed injunction may cause the opposing party; and (4) if is- sued, the injunction would not be adverse to the public interest. Wreal, LLC v. Amazon.com, Inc., 840 F.3d 1244, 1247 (11th Cir. 2016). A preliminary injunction is an extraordinary and drastic remedy. Id. The movant bears the burden of persuasion. Id. An injury is irreparable only if it cannot be undone through monetary remedies. Ne. Fla. Chapter ofAss'u of Gen. Contractors ofAm. v. City of_jacksonville, 896 F.2d 1283, 1285 (11th Cir. 1990). Due process requires notice and the opportunity to be heard before the deprivation of property at the hands of the government. Grayden v. Rhodes, 345 F.3d 1225, 1232 (11th Cir. 2003). A proce- dural due process claim requires a showing of. (1) a constitutionally protected liberty or property interest, (2) state action, and (3) con- stitutionally inadequate process. Id. 491 22-11542 Opinion of the Court 7 Here, the district court did not err in dismissing the Hos' amended complaint in part with prejudice and in part without prej- udice for failure to state a claim. Glover, 459 F.3d at 1308. First, the Hos failed to allege sufficient facts to state a claim of discrimination based on federal or state discrimination statutes or the Constitution. Their claims of discrimination do not fall un- der either the federal or Florida civil rights laws because those stat- utes only cover discrimination in education, employment, and public accommodations, not based on the deprivation of property. 42 U.S.C. §§ 2000a, 2000c, 2000d, 2000e; Fla. Stat. § 760.07. Their claims of an equal protection violation also fail. Even liberally con- strued, the Hos did not allege that the other owner whose land the City bought was similarly situated to them simply by stating that land was "compatible." Sweet, 467 F.3d at 1318-19;_jones, 787 F.3d at 1107. Neither the amended complaint nor the attached exhibits make clear that they are similarly situated landowners. Sweet, 467 F.3d at 1318-19; Griffin Indus., 496 F.3d at 1205-06. Second, the district court properly dismissed their negli- gence claim because they failed to allege sufficient facts to show that the City owed the Hos a duty of care. Wallace, 3 So. 3d at 1046. Florida law recognizes that governmental entities do not owe a duty of care when they inspect buildings and enforce laws, so any action in condemnation or enforcing liens did not create a duty of care. Trianon Park Condominium Assn, 468 So. 2d at 919- 20. 492 U CA11 Cosa: ®11542Document: 7®1 Date Filed: 03/01/2023 Pogo: 3 of 10 8 Opinion of the Court 22-11542 Third, the district court properly dismissed their unjust en- richment claim because unjust enrichment is a quasi -contractual theory and sovereign immunity is a defense to an implied contract under Florida law. Tooltrend, 198 F.3d at 805; Israel, 178 So. 3d at 447. Fourth, the district court also properly dismissed the Hos' "commercial bad faith" claim because there is no indication such a claim exists under Florida law. Fifth, the district court properly dismissed their intentional infliction of emotional distress claim because it is barred by sover- eign immunity under Florida law. Weiland, 792 F.3d at 1330. Sixth, the district court properly dismissed the Hos' tortious interference claim because they did not allege that they had an ex- isting business relationship or contract with which the City inter- fered. Ethan Allen, 647 So. 2d at 814; Smith, 335 So. 2d at 643. In- stead, they simply stated that they would like to use the space for a Buddha Temple or civil rights office but made no mention of a con- tract or existing relationship. Lastly, the district court properly dismissed their request for a preliminary injunction to prevent demolition. The Hos did not allege facts sufficient to show their Fourth, Fourteenth, or Fifth Amendment rights were violated, so it is unlikely that they would prevail on the merits. Wreal, 840 F.3d at 1247. Moreover, even if they had alleged facts sufficient to show they could prevail on the merits, the district court correctly denied their request for a 493 22-11542 Opinion of the Court 9 preliminary injunction because the Hos did not show any harm was irreparable. Id. They asked for monetary damages in addition to their injunctive relief, indicating that monetary damages were adequate. Ne. Fla. Chapter ofAss'u of Gen. Contractors ofAm., 896 F.2d at 1285. Accordingly, the court properly concluded that the Hos' amended complaint failed to state a claim for which relief could be granted, and we affirm as to this issue. II The Hos next argue that dismissal with prejudice was too severe a sanction and that the district court should have allowed an extension of time to file a second amended complaint. We review a district court's dismissal for failure to comply with the rules of court for abuse of discretion. Betty KAgencies, Ltd, v. M/VMONADA, 432 F.3d 1333, 1337 (11th Cir. 2005). We will not disturb the district court's decision unless we find the dis- trict court made a clear error of judgment or applied the wrong legal standard. Guideone Elite Ins. Co. v. Old Cutler Presbyterian Church, 420 F.3d 1317, 1325 (11th Cir. 2005). A district court has inherent power to manage its docket. Betty KAgencies, 432 F.3d at 1337. A district court may also dis- miss a case for the failure to prosecute or comply with a court or- der. Id. (citing Fed. R. Civ. P. 41(b)). A court may extend the time a party has to act for good cause if a motion is made after the time to act has passed because of excusable neglect. Fed. R. Civ. P. 494 10 Opinion of the Court 22-11542 6(b)(1)(B). The fact that a party is proceeding in a matter pro se does not excuse their failure to comply with procedural rules. Albra v. Advan, Inc., 490 F.3d 826, 829 (11th Cir. 2007). A dismissal with prejudice is an extreme sanction that may only be imposed when (1) a party engages in a clear pattern of delay or willful contempt and (2) the district court specifically finds that lesser sanctions would not suffice. Betty KAgencies, 432 F.3d at 1337-38. Consideration of lesser sanctions may be implicit or ex- plicit. Gratton v. GreatAm. Commc'ns, 178 F.3d 1373, 1374 (11th Cir. 1999). "While dismissal is an extraordinary remedy, dismissal upon disregard of an order, especially where the litigant has been forewarned, generally is not an abuse of discretion." Moon v. New- some, 863 F.2d 835, 837 (11th Cir. 1989). Here, the district court did not abuse its discretion in deny- ing the Hos' motion for an extension of time to file a second amended complaint regarding their claims that were dismissed without prejudice and dismissing the action with prejudice. The Hos exhibited a pattern of delay in missing deadlines and failing to comply with discovery requests after multiple warnings by the dis- trict court, and the court explicitly found that lesser sanctions would not suffice. Accordingly, we also affirm as to this issue. AFFIRMED. 495 / 100 E. Ocean Avenue, 4th Floor BOYNTON BEACH, FL 33435 BOYN PH: 561-737-3256 lJJJ1«<VJJIf«JJ«1111II��JJl1'FAX: 561-737-3258 COMMUNfff I-NCC' BoyntonBeadhCRA.corn September 21, 2023 Daniel Dugger Boynton Beach City Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 RE: Request for Transfer of City Owned Property Located at 1101 N. Federal Highway (PCN 08-43-45-21-32-008-0010) Dear Dan, As you know, the CRA has been working with the City and community on the revitalization of the MLK Jr. Boulevard corridor. This include the redevelopment of Sara Sims Park and construction of the Heart of Boynton Village Apartments and Shops on the western portion of the corridor. This effort will continue eastward with various streetscape beautification and lighting improvements along the Boulevard and a North-South connector road between E. MLK Jr. Boulevard and NE 9` Avenue in support of the re -activation of the historical commercial corridor. I am respectfully requesting your consideration of transferring the City's ownership of 1101 N. Federal Highway to the Boynton Beach CRA to provide a unique entrance feature in furtherance of the 2016 Boynton Beach Community Redevelopment Plan. The entrance feature will "bookend" the streetscape improvements and provide a sense of arrival/departure into this historic commercial corridor. We will work with the City and community for an appropriate artistic feature that will celebrate the Heart of Boynton heritage. The CRA is in a unique position to be able to leverage CRA funds with grants to provide the needed infrastructure and the entrance feature as well as the maintenance of the site, once the improvements are completed. If supported, I would request that you present our property transfer request to the City Commission at their earliest available meeting. Thank you in advance for this opportunity to work with you and City staff on these smaller but impactful redevelopment projects. Sincerely, Thuy Shutt Executive Director Enc. PAPA Map and parcel informatior cc: Tim Tack, CRA Assistant Director 496 Consent Agenda 10/17/2023 Proposed Resolution No. R23-154- Sale of Vacant Parcel Located at NW 7th Court. Requested Action: Approve and authorize the Mayor to sign a Purchase and Sale agreement between the City of Boynton Beach and Yoany Dulzaides Carvajal for the vacant parcel located at NW 7th Court. Explanation of Request: On Tuesday, August 1, 2023, the City Commission deemed the vacant parcel located at NW 7th Court as surplus and directed staff to proceed with negotiating a Purchase and Sale agreement with Yoany Dulzaides Carvajal. In accordance with Ordinance No. 21-030 all steps have been completed for the disposition of the City Owned vacant parcel at NW 7th Court. How will this affect city programs or services? There will be no impact to City programs or services. Fiscal Impact: The sale of the property will reduce the City's maintenance costs and increase City's tax base. Attachments: R23-154 Resolution approving Purchase and Sale Agreement with Yoany Dulzaides Carvajal NW7thCourt Purchase and Sale Agreement.pdf PropertyAerialPhoto-NW7thCt.pdf Signed -Resolution Declaring NW7thCtSurplus-R23-084.pdf 497 1 RESOLUTION NO. R23-154 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PURCHASE 5 AND SALE AGREEMENT AND RELATED CLOSING DOCUMENTS 6 BETWEEN THE CITY OF BOYNTON BEACH AND YOANY DULZAIDES 7 CARVAJAL FOR A VACANT PARCEL LOCATED AT NW 7TH COURT; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City has received a request from Yoany Dulzaides Carvajal to purchase 11 a vacant lot located at NW 7th Court; and 12 13 and 14 15 16 17 18 19 20 WHEREAS, the property, by itself is an unbuildable lot and serves no public purpose; WHEREAS, the City Commission, at the August 1, 2023 meeting, deemed the parcel as surplus property and directed staff to prepare a Purchase and Sale Agreement; 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 Mayor to sign a Purchase and Sale Agreement and related closing documents between the City of Boynton Beach and Yoany Dulzaides Carvajal for a vacant parcel located at NW 7th Court. 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 does hereby approve and authorize the Mayor 26 to sign a Purchase and Sale Agreement and related closing documents between the City of 27 Boynton Beach and Yoany Dulzaides Carvajal for a vacant parcel located at NW 7th Court, a S:ACAARESOAAgreements\Piuchase and Sale Agreement with Yoany Dulzaides Carvajal - Reso.docx 498 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 copy of the Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 17th day of October, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner — Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACAARESOAAgreements\Piuchase and Sale Agreement with Yoany Dulzaides Carvajal - Reso.docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney 499 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered this day of .. , 2023, by and between the City of Boynton Beach, a Florida municipal corporation (the "SELLER"), and YOANY DULZAIDES CARVAJAL ("PURCHASER"). WITNESSETH• WHEREAS, SELLER is the fee simple owner of the following vacant parcel located on NW 7th Court, Boynton Beach, FL 33426, more particularly described in Exhibit "A" which is attached hereto (collectively the "Property"); and WHEREAS, the Property has been determined to be surplus property by the City Commission of the SELLER. WHEREAS, SELLER desires to sell to PURCHASER, and PURCHASER desires to purchase from SELLER, the Property upon the terms and conditions herein below set forth. NOW, THEREFORE, for and in consideration of the premises, the payment of One and 00/100 Dollars ($1.00) in hand paid by PURCHASER to SELLER, the mutual covenants and agreements herein set forth, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties hereto do hereby covenant and agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 PropertX. The following real property: one vacant lot located on NW 7th Court, Boynton Beach, County of Palm Beach, State of Florida (the "Property"), more particularly described in Exhibit "A" attached hereto. 1.2 Closing, Date. The Closing Date is the date on which the closing ("Closing") shall occur and shall be no later than ninety (90) calendar days from the Effective Date of this Agreement, and any extension thereof as mutually approved by the parties. 1.3 Deed. A Special Warranty Deed, in its statutory form, which shall convey the Property from SELLER to PURCHASER. 1.4 Effective Date. The Effective Date of this Agreement shall be the date when the last one of the Seller and Purchaser has signed the Agreement. 1.5 SELLER'S Address. Seller's mailing address is P.O. Box 310, Boynton Beach, FL 33425, with copy to Weiss Serota Helfinan Cole & Bierman, P.L., Attn: David N. Tolces, Esq., at 2255 Glades 1 500 Road, Suite 200-E, Boca Raton, Florida 33431. 1.6 PURCHASER'SAddress. Purchaser's mailing address is 814 NW 41 Avenue, Boynton Beach FL 33426. 1.7. Other Definitions. The terms defined in any part of this Agreement shall have the defined .....w.wm... meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. 2.1 Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property for ONE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($1,500.00), which shall be placed in escrow as a deposit upon execution of this Agreement, and upon and subject to the terms and conditions hereinafter set forth. 2.2 The Purchase includes: (a) All improvements located on the Property, if any; (b) All right of ways, alleys, waters, privileges, easements and appurtenances which are on or benefit all the Property; (c) All right, title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof. The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of SELLER and (2) for any damage to the Property due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; (d) To the extent transferable, all licenses, permits, contracts and leases, if applicable, with respect to the property. 3. INSPECTIONS. 3.1 With the exception of Section 5 herein, PURCHASER acknowledges and agrees to waive any inspections or inspection period under the terms of this Agreement. 4. SELLER'S REPRESENTATIONS. 4.1 To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of SELLER'S knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing 2 501 unless SELLER receives information to the contrary, in which case SELLER shall immediately provide PURCHASER notice of such contrary information and upon receipt PURCHASER may, in its sole discretion, deem such contrary information material and terminate this Agreement, and (iii) shall survive the Closing: 4.2 At all times from the Effective Date until the Closing on the Property, SELLER shall keep the Property free and clear of all liens, encumbrances and/or clouds upon title, including without limitation, liens related to service, labor and/or materials furnished to, or for the benefit of, the Property, lis pendens, tax liens, permit violations, code violations, or ordinance violations. 4.3 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Land. 4.4 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. No action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the SELLER do not and will not violate any public or corporate obligations of the SELLER and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party nor will create a lien or encumbrance upon the Property or assets of the SELLER. 4.5 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. 4.6 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 4.7 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the Effective Date to the Closing Date. 3 502 4.8 REAL PROPERTY $OLD AS�WHERE IS, RELEASE: SELLER makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by SELLER at Closing in accordance with this Agreement. SELLER makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees that SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the SELLER'S representations and warranties specifically set forth in this Agreement, PURCHASER is not relying on any representations or warranties of any kind whatsoever, except as specifically set forth in this Agreement, express or implied, from SELLER its agents, officers, or employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi -governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. 4.9 As used herein, the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances", "hazardous materials", "toxic substances" or "solid waste", (iii) such other rd 503 substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. 5. EVIDENCE OF TITLE. 5.1 Title to the, Prolrert . SELLER shall convey to PURCHASER at Closing, by delivery of a Special Warranty Deed, title to the subject Property. PURCHASER may secure a title insurance commitment issued by a title insurance underwriter approved by PURCHASER, for the subject Property insuring PURCHASER'S title to the Property. The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. 5.2 If PURCHASER so desires to obtain title insurance on the Property, the PURCHASER shall have Ten (10) calendar days from the date of receiving said commitment to examine the title commitment ("Title Inspection Period"). If PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER shall have Ten (10) calendar days to notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the removal of said objection(s) from the title commitment within Ten (10) days after PURCHASER has provided notice to SELLER. Within five (5) days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either (i) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written notice to the SELLER within five (5) days after receipt of a cure notice specifying an uncured objection; or (b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the uncured objection. 5.3. Survey, and Legal Descril tion.- SELLER shall not have any obligation to provide a survey. PURCHASER may obtain a survey prepared by a registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the land, and the location of any easements thereon and certifying the number of acres (to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and (ii) a correct legal description of the Property which, upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Land. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. 5 504 In the event the survey shows any material encroachments, strips, gores, or any portion of the land non-contiguous to any other portion of the Property or any other matter materially affecting the intended use of the Property or marketability of title to the Property (any such matter is herein called a "survey objection" and treated as a title defect), PURCHASER shall have a period of ten (10) days after receipt of the survey by PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will attempt to approve any such survey objection which does not affect the marketability of title or materially interfere with PURCHASER'S use of the Property. In the event PURCHASER provides a notice of disapproval of a survey objection to SELLER, the rights and obligations of the parties respecting such survey objections shall be governed by Section 5.2 hereof such that the parties shall have the same rights and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.2. 6. TRANSFER OF TITLE SUBJECT TO. Except as otherwise set forth, the Property shall be conveyed subject only to those exceptions as set forth in paragraphs 2.2, 5. 1, and 5.3 and to: (a) Water lines, sanitary sewer, drainage, gas distribution, electrical and telephone easements of record. (b) Unpaid certified assessments payable after the date of the transfer of title. (c) It shall be the sole and exclusive responsibility of the PURCHASER to relocate any utilities and any such relocation costs and expenses shall be borne by the PURCHASER. (d) PURCHASER shall, in the event of any relocation of the utilities, provide to the CITY or appropriate service provider easements for the relocated utilities. 7. PURCHASER'S REPRESENTATIONS. PURCHASER hereby represents and warrants to the best of its knowledge that all of the following are true and correct: 7.1 PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. 7.2 The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER that it will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the PURCHASER is a party. 0 505 7.3 No action by any federal, state, municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon PURCHASER in accordance with its terms and conditions. 7.4 All of the representations, warranties and covenants of PURCHASER contained in this Agreement or in any other document, delivered to SELLER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of Closing, just as though they were made at such time. 7.5 PURCHASER shall indemnify, hold harmless and defend SELLER, its officers, directors, employees and agents against all claims, demands, losses, liabilities, costs and expenses, including attorney's fees, imposed upon or accruing against SELLER as a result of the representations contained in this paragraph. 8. CONDITIONS PRECEDENT TO CLOSING. Each of the following events or occurrences ("Conditions Precedents") shall be a condition precedent to PURCHASER'S obligation to close this transaction: (a) PURCHASER has performed all of its obligations and conditions of this Agreement. (b) Approval of this Agreement by the City of Boynton Beach City Commission. 9. CLOSING DOCUMENTS. 9.1 At Closing, SELLER shall deliver to PURCHASER a Special Warranty Deed, Bill of Sale, if applicable, No Lien/Gap Affidavit, Non -Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099 Form, and any other documents as listed as title requirements in Schedule B -I of the Title Commitment to assure the conveyance of good and marketable fee simple title of the Property to the PURCHASER. 10. CLOSING COSTS TAXES AND PRORATIONS. 10.1 Ad Valorem Taxes. SELLER is a tax exempt entity. PURCHASER shall pay all ad valorem taxes for the year of closing. This shall survive the Closing. Closing: 10.2 Seller's Closin Costs. SELLER shall pay for the following items prior to or at Closing: None. 10.3 Purchaser's Cl osinr Costs. PURCHASER shall pay for the following items prior to or at (a) Documentary Stamps on the deed as provided under Chapter 201, Florida Statutes; (b) Recording fees of the Special Warranty Deed, and any other instrument as required to be recorded in the Public Records; (c) Cost of providing marketable title as provided herein; 7 506 (d) Cost of obtaining owner's title insurance policy; (e) Tax and Lien Search; and (f) Survey 11. CLOSING DATE AND PLACE. The Closing will take place on or before the expiration of ninety (90) days following the Effective Date, at a location designated by the SELLER. 12. TERMINATION AND DEFAULT. 12.1 If the PURCHASER shall fail or refuse to consummate the transaction by the Closing Date in accordance with the terms and provisions of this Agreement, all monies on deposit and interest earned on the deposit shall be immediately forfeited to SELLER as agreed upon liquidated damages, and PURCHASER shall have no other responsibility or liability of any kind to SELLER by virtue of such default. SELLER'S sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest. In the event of a default by SELLER, PURCHASER shall be entitled to a return of the earnest money, and accrued interest as liquidated damages as its sole and exclusive remedy. 13. BROKER. The parties each represent to the other that they have not dealt with any real estate broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee or brokerage commission in accordance with Florida law. 14. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 15. NOTICE. All written notices shall be deemed effective if sent to the following places: PURCHASER: Yoany Dulzaides Carvajal 814 NW 4' Avenue Boynton Beach, FL 33426 SELLER: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Attn: Daniel Dugger, City Manager With Copy to: David N. Tolces, Esq. WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 2255 Glades Road, Suite 200-E Boca Raton, FL 33431 Tel: (561) 835-2111 507 16. GOVERNING LAW & VENUE. This Agreement shall be governed by the laws of the State of Florida. Each party agrees that the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach County shall be the exclusive jurisdiction and venue of any litigation or special proceeding to resolve any dispute or claim arising from or related to or connected with this Agreement, including any claims based upon equity, statute, common law or rule. The parties hereby waive any objection to such forum based upon venue or forum non convenient grounds. 17. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 18. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect unless in writing and executed by both SELLER and PURCHASER. 19. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors and assigns of SELLER and PURCHASER. Any assignment of this Agreement must be approved by the City of Boynton Beach City Commission. 20. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals. 21. LITIGATION COSTS. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party all costs and expenses incurred, including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings. 22. WAIVER OF JURY TRIAL, Each party hereby knowingly, voluntarily and intentionally waives any and all rights it may have to a trial by jury in respect of any dispute, litigation or court action (including, but not limited to, any claims, crossclaims or third -party claims) arising from, growing out of, or related to this Agreement. The parties acknowledge that this waiver is a significant consideration to, and a material inducement for the parties to enter into this Agreement. Each party hereby certifies that no representative or agent of the other party has represented, expressly or otherwise, that either party would not, in the event of such litigation, seek to enforce this waiver of right to jury trial provision. 23. PRECEDENCE. In the event of conflict, handwritten provisions shall take precedence over typewritten and printed provisions. Typewritten provisions shall take precedence over printed provisions. 24. DRAFTING. This Agreement has been negotiated and drafted mutually by the parties and shall be construed and interpreted as if both parties drafted same so that neither party shall be entitled to the benefits of any rules of construction, interpretation or enforcement against the drafters. 0 508 25. SUCCESSORS. This Agreement shall apply to and bind the distributors, executors, administrators, successors and assigns of SELLER and PURCHASER. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated above: ATTEST: Maylee DeJesus, City Clerk Approved as to Form: Office of the City Attorney STATE OF FLORIDA )ss: COUNTY OF PALM BEACH CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: Ty Penserga Mayor (SEAL) The foregoing instrument was acknowledged before me this day of 2023, by Ty Penserga, as Mayor of the City of Boynton Beach, Maylee DeJesus, City Clerk of the City of Boynton Beach, for the City of Boynton Beach, who ( ) are personally known to me or ( ) have produced Florida driver's licenses as identification. My Commission expires: 10 Notary Public, State of Florida Printed Name of Notary Public 509 PURCHASE AND SALE OF VACANT PARCEL, NW 7ni COURT, BOYNTON BEACH, FL PURCHASER SIGNATURE PAGE Yoany Carvajal STATE OF FLORIDA ) COUNTY OF . '.%713egd The foregoing instrument was acknowledged before me this T day %�ars'epr mmmm „ 2023, by Yoany Dulzaides Carvajal, who ( ) is personally known to me or (uced a Florida driver's license as identification. My commission Expires: O�O,1�1 W 7 H MMON M Printed Name of Notary Public CommWw#HH3M12 510 EXHIBIT "A" LEGAL DESCRIPTION LAUREL HILLS 2ND ADD E 1/2 OF LT 26 (K/A SURPLUS PROPERTY) Folio No.: 08-43-45-20-08-000-0261 Legal description to be confirmed by survey to be provided 12 511 08434520080000261 June 27, 2023 1:576 D 0.00475 0.0095 0.019 mi 512 0.0075 0.015 0.03 km 1 2 3 4 5 S 7 0 A 10 11 12 13 14 15 16 17 18 1A 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 36 36 37 38 3& A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA DECLARING THE CITY OWNED VACANT PROPERTY (0.0820 ACRES) LOCATED AT NW 7TH COURT, PCN #08-43-45-20-08-000-0261, AS SURPLUS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City has received a written offer from Yoany Dulzaides Carvajal in the annnuntuf$1,50O.0Ofor the following vacant property: Parcel Id: #88-43-45-2O-O8'0DO-OZ61, located atNVV7txCourt, Size: O.O82OAcres, PBC Assessed Value: $25.00; and WHEREAS, according to Chapter 2, Article D( Section 2-56 ¢j of the City of Boynton Beach [Ode of Ordinances, the City Commission can sell pnJperty, which is determined to be in the best interest of the City; and WHEREAS, before any improved orunimprovedproperty owned by the City can be sold, the City Commission must first declare the property to be surplus; and WHEREAS, the City Commission, upon recommendation of staff, declares the City owned vacant property (0.0820 acres) located atNVV7th Court PCN #08-43'45-20-08-000- 0261, as Surplus. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section -1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. �ction--Z: The City Commission of the City of Boynton Beach declares the City owned vacant property (O.OG20acres) located at NVV71h Court, PCN #08-49-45-ZO-O8-OOO- O261,assurplus. a��\msoox�nu�u City owned nmvm�yooww7th Coto asSurplus nm»wr mca�amx 513 Section 3. This Resolution shall 6ecomeeffective immediately upon passage, 40 PASSED AND ADOPTED this 1stday ofAugust, 2OZ3, 41 CITY OF8(]YNTONBEACH, FLORIDA 42 43 YES NO 44 45 Mayor —TvPenSerga 46 � 47 Vice Mayor —Thomas Turkin � 48 � � 48 [ommiSsiUner—Ange|aCruz _. ------ __50 50 � 51 Commissimner—VVoodrovvLHay 52 53 [onnnnissioner— Aimee Kelley 54 55 VOTE 58 57 5@ AT 59 60 81 yNayleees,K4PA, MK�� 62 City Clerk \ � � 63 ~~ 64 )ORA 65 (Corporate Seal) GG 67 68 69 6.Q Consent Agenda 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 State Forfeiture Donation - Law Enforcement Trust Fund. Requested Action: Approve donation of $7,500 from the State Forfeiture Funds to t he Bill Tome Foundation for Kids & Families. Explanation of Request: BBPD remains committed to positively influencing juveniles within the community through financial assistance, mentorship opportunities, or employment programs, all of which this donation helps to fund. This donation fulfills both our legal obligation under Florida State Statute 932.7055 and the strategic intent of our department's mission. The Statute states: that any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 25 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program or programs. The local law enforcement agency has the discretion to determine which program or programs will receive the designated proceeds. Donation fulfills both BBPD's legal obligation under Florida State Statute 932.7055 and the strategic intent of the department's mission as the funds will be used for crime prevention through coaching, mentoring, and promoting growth personally, socially, and academically. How will this affect city programs or services? These funds will help families in the community, through the different organizations. Fiscal Impact: Funds allocated from 691 Trust Fund. 515 516 Consent Agenda 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Proposed Resolution No. R23-155- Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 2, 2023, for the 52nd Annual Holiday Parade. Requested Action: Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 2, 2023, for the 52nd Annual Holiday Parade. Explanation of Request: Federal Highway, between Woolbright Road and N.E. 1st Avenue, serves as the staging and parade route for the Annual Holiday Parade. The closing of this road requires a permit from the Florida Department of Transportation (FDOT) and pursuant to Chapter 14-65 of the Florida Administrative Code, FDOT requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a resolution authorizing the event. How will this affect city programs or services? The Parade is scheduled to start at 4:00 P.M. on Saturday, December 2. It will travel north on Federal Highway. It will be necessary to close Federal Highway beginning at 12:00 P.M. from Boynton Beach Boulevard south to Woolbright Road. It is expected that the road will re -open between 9:00 P.M. and 10:00 P.M. Fiscal Impact: The Holiday Parade is a budgeted item within the Event Division budget. No additional impact expected. Attachments: R23-155 Resolution approving Road Closings for Holiday Parade (2023) 517 I RESOLUTION NO. R23-155 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE TEMPORARY CLOSING OF 5 FEDERAL HIGHWAY ON DECEMBER 2, 2023, FOR THE 52nd 6 ANNUAL HOLIDAY PARADE AND AUTHORIZING THE CITY 7 MANAGER (OR HIS DESIGNEE) TO APPLY FOR STATE 8 PERMITS FOR THE TEMPORARY ROAD CLOSING; 9 PROVIDING FOR EFFECTIVE DATE. 10 11 WHEREAS, the City of Boynton Beach's 52nd Annual Holiday Parade is scheduled to 12 be held on Saturday, December 2, 2023 at 4:00 p.m; and 13 WHEREAS, in order to provide for the safety of the participants and citizens attending 14 the Holiday Parade, Federal Highway will be required to be closed between N.E. 1s' Avenue 15 and Woolbright Road beginning at 12:00 p.m.; and 16 WHEREAS, the Florida Department of Transportation requires the local government 17 to authorize all temporary road closures on state roadways; and 18 WHEREAS, the City Commission of the City of Boynton Beach desires to authorize the 19 temporary closing of Federal Highway between N.E. 1s' Avenue and Woolbright Road on 20 December 2, 2023, to provide for the safety of the participants and citizens attending the 52nd 21 Annual Holiday Parade; and 22 WHEREAS, the City Manager (or his designee) is authorized to apply for the permit 23 for temporary closing of state roads for special events, pursuant to Chapter 14-65, Florida 24 Administrative Code, for said temporary closings. 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 true and correct and hereby 28 ratified and confirmed by the City Commission 29 Section 2. That the City Commission of the City of Boynton Beach authorizes the 30 temporary closing of Federal Highway between N.E. 1s' Avenue and Woolbright Road 31 commencing at 12:00 p.m. on Saturday, December 2, 2023, for the 52nd Annual Holiday 32 Parade. S:ACA\RESO\Road Closings Holiday Parade (2023) - Reso.docx 518 33 Section 3. The City Manager (or his designee) is hereby authorized to apply for 34 permits from the Florida Department of Transportation pursuant to Chapter 14-65, Florida 35 Administrative Code, for said temporary closings. 36 Section 4. That this Resolution will become effective immediately upon passage. 37 PASSED AND ADOPTED this 17th day of October, 2023. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ATTEST: 58 59 60 Maylee De Jes6s, MPA, MMC 61 City Clerk 62 63 64 (Corporate Seal) 65 66 67 68 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\Road Closings Holiday Parade (2023) - Reso.docx 519 W Consent Agenda 10/17/2023 Commission Meeting Minutes. Requested Action: Approve minutes from the September 12, 2023 CRA/City Commission Joint Meeting, and the September 14, 2023 and September 27, 2023 City Commission Meetings. Explanation of Request: The City Commission met on September 12, 2023, September 14, 2023, and September 27, 2023 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: 09-12-2023 CRA -City Commission Joint Meeting Minutes.docx 09-14-2023 City Commission Minutes.docx 09-27-2023 City Commission Minutes.docx 520 1st Draft Minutes Joint Meeting of the Community Redevelopment Agency Board and City Commission 100 E. Ocean Avenue, Boynton Beach, FL Tuesday, September 12, 2023, 5:30 P.M. and GoToWebinar Online Meeting Present for CRA: Chair Ty Penserga Vice Chair Thomas Turkin (Joined at 5:47 P.M.) Board Member Angela Cruz Board Member Woodrow Hay Board Member Aimee Kelley Present for City Commission: Thuy Shutt, Executive Director Tim Tack, Assistant Director Kathryn Rossmell, Board Counsel Maylee De Jesus, City Clerk Mayor Ty Penserga Daniel Dugger City Manager Vice Mayor Thomas Turkin(Joined at 5:47 P.M.) David Tolces, Interim City Attorney Commissioner Angela Cruz Maylee De Jesus, City Clerk Commissioner Woodrow Hay Commissioner Aimee Kelley 1. Call to Order Chair Penserga called the meeting to order at 5:35 P.M. 2. Invocation The Invocation was given by Board Member Hay. 3. Pledge of Allegiance Board Member Kelley led the Pledge of Allegiance to the Flag. 4. Roll Call Maylee De Jesus, City Clerk, called the roll. A quorum was present. 5. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion: 521 Meeting Minutes CRA / CC Joint Board Meeting Boynton Beach, FL September 12, 2023 Board Member Kelley moved to approve the agenda. Board Member Cruz seconded the motion. The motion passed unanimously. 6. Legal Ms. Rossmell stated that she is here for CRA and Interim City Attorney David Tolces is here to represent the City. 7. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda Chair Penserga, Vice Chair Turkin, Board Member Cruz, Board Member Hay and Board Member Kelley had no disclosures. 8. Public Comments The public comment section of the meeting is for public comment on items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however, the Board retains the right to reduce the number of minutes prior to the start of public comment. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior to addressing the Board, please go to the podium or unmute your device when prompted and state your name and address for the record. Public Comments: Chair Penserga opened public comments. There were no in person or virtual comments. He closed public comments. 9. New Business A. Joint City/CRA Meeting regarding Discussion and Consideration of Draft Scope to Amend the 2016 Community Redevelopment Plan Ms. Shutt introduced the item. She stated that there is a printed map of the CRA Area, and this will allow to give City and CRA staff direction for the scope of work for the CRA plan. She noted that the last adoption of the CRA Plan was done in 2016. She explained what this plan will do for the CRA and City. She said that they sunset in 2044, and she explained the separate areas of the CRA, and why they exist. She spoke about the amendment to the scope of work, and the different tasks within the scope of work. She further spoke about the statutory requirements for changing the boundary to the CRA as 522 Meeting Minutes CRA / CC Joint Board Meeting Boynton Beach, FL September 12, 2023 well. Vice Chair Turkin joined the meeting virtually at 5:47 P.M. Board Member Hay asked if this has to go to the County only. Ms. Shutt explained that if there is a modification to the existing boundary to the CRA. Board Member Hay asked if we will get additional funding from the County if we increase the boundary. Ms. Shutt said that it is a possibility but that the County can deny us the additional funding. Ms. Rossmell explained that under the statute, we operate as if it was an unincorporated boundary, because the CRA was created before Palm Beach County became a charter county. She explained what the process is if the County approves or denies their request for the boundary expansion. Board Member Hay asked if the acquisition of additional land is the advantage of the expansion. Ms. Rossmell explained the expansion advantage and what the funding advantage would be, as well. Board Member Hay asked what the additional acreage would be. Ms. Rossmell said that it depends on what the consultant comes up with and noted that there is no proposal tonight. She said that the scope of work for a consultant is what is up for them to decide tonight. Board Member Hay asked how slum and blight is determined. Ms. Rossmell said that there are statutory requirements that are in the Florida statutes and summarized the requirements. Ms. Shutt read the definition of slum and blight into the record. Board Member Kelley commented on Task 1 and asked if the areas that are already fixed up, can come out of the CRA, which will bring in revenue to the City side. Ms. Shutt recommended that we do not look at just the area because there are other factors that need to be taken into consideration, such as TIFF and agreements with the areas that are a part of the CRA. She said that we can have the consultant take a look at that. 523 Meeting Minutes CRA / CC Joint Board Meeting Boynton Beach, FL September 12, 2023 Chair Penserga clarified that Board Member Kelley wants to amend Task 1 to take a look at contraction as well as inclusion. Ms. Shutt reiterated what Board Kelley would like, and added what other items they will have the consultant look at. Vice Chair Turkin complimented Board Member Kelley in regard to what she said, and about the revenues in the different districts. He asked if they would lose money from the County and said that we need to look at the revenue that could come to the City side. He explained what the funds can be used for, with the extra revenue to the City. Chair Penserga asked if there were any other amendments. There was consensus with the changes from Board Member Kelley. City Manager Dugger stated that the City absorbed the Pirate Fest and said that he would like them to be cognizant that any parcels that are taken away from the City will take revenue away from the City. He explained that there needs to be a balance with the CRA area as well. There was discussion regarding revenues to the City and the CRA. Ms. Shutt said that they will continue to work with the City, so that when the CRA sunsets, there is a smooth transition. Consensus was made on the scope of work. Ms. Rossmell asked if they would like this to go to the CRABB. Board Member Hay said no. Chair Penserga said no, that it should have gone to them first. Vice Chair Turkin said no. Ms. Shutt said that they will get comments from the City, then get language for the research, then a final RFP will come back to the Board before going out to bid. 10. Adjournment Motion: Board Member Hay moved to adjourn. Board Member Kelley seconded the motion. The motion passed unanimously. 524 Meeting Minutes CRA / CC Joint Board Meeting Boynton Beach, FL September 12, 2023 There being no further business to discuss, the meeting was adjourned at 6:11 P.M. Maylee De Jesus, MPA, MMC City Clerk 525 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Thursday, September 14, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Woodrow L. Hay Commissioner Angela Cruz Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager David Tolces, Interim City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:06 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Chuck Brannon, Gateway Community Church Invocation was given by Pastor Chuck Brannon, Gateway Community Church. Pledge of Allegiance to the Flag led by Vice Mayor Thomas Turkin Vice Mayor Turkin led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Mayor Penserga requested to move up item 10B to after Public Audience. Commissioner Cruz requested to move item 5A to be the first item under Other. Mayor Penserga said that Interim Attorney Tolces recommended to leave item 5A where it is, as the budget and millage has been set for a specific time. Motion: Commissioner Kelley moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 526 Meeting Minutes City Commission Meeting Boynton Beach, FL 2. Other September 14, 2023 Informational items by the Members of the City Commission. Commissioner Kelley had no disclosures. Commissioner Hay mentioned that he attended the 9/11 Memorial Event and said that it was well done by staff. Vice Mayor Turkin disclosed that he spoke with Chris regarding item 8A. Commissioner Cruz said that she also attended the 9/11 Memorial Event. She mentioned that she spoke to several residents regarding utilities. Mayor Penserga disclosed that he spoke for Chris regarding item 8A. 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. Mara Frederiksen, Director of Financial Services, said that this is the second reading, and that the millage remains the same. She stated that there was a reduction of Commission salaries of $144,500. Commissioner Cruz questioned the changes in utility rates and said that there is a 10% increase, and that she has concerns with the excessive increase, and she would like to have it pulled up. Poonam Kalkat, Utilities Director, said that the biggest reason was because there were no changes last year, and they analyzed their expenses and needs, and based on that, this is why they requested the change. She spoke about pulling money from the reserves for the last two years. She explained some of the reasons for the increases. She spoke about bonds and getting better interest rates. She stated that compared to other municipalities, we are one of the lowest rates in the County, and all municipalities are raising their rates. She mentioned that they will work with whatever the Commission decides. Commissioner Cruz asked to have the rate changes show on the screen. 527 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Ms. Kalkat showed the historical rate adjustments. Commissioner Cruz said that she has not advocated for a 10% increase. She asked how much they have sent in the last five years from Utilities to the General Fund. Ms. Frederiksen said that it is roughly $8M a year. Commissioner Cruz requested that the presentation be year by year. Ms. Kalkat mentioned that it is becoming harder to manage the rate inflation without an increase. Ms. Frederiksen reviewed the amount of money from FY21, FY22, and current FY23 from the Utility Fund to the General Fund. She said that the cost of what those are, is not a supplement to the General Fund. She explained how the money can be used. There was further discussion regarding maintaining the utility funds in Utilities, so that there is no increase in utility rates. Commissioner Cruz said that she does not agree with the 10% and would like to propose not sending the $4M franchise fee to the General Fund and keep it in the Utility Fund. She said that she would like to see what a 6% instead of 10% increase would look like. Mayor Penserga said that he supports any efficiencies they can find and is open to looking into 6% instead of 10%. Vice Mayor Turkin said that Commissioner Cruz has his support on this. He mentioned that there are other ways to find the funds. He spoke about looking at other infrastructure assessments. He said that he would like to see the long-term impact of increased density with development and quality of water. He stated that he does not want to put the fees on to the residents. Commissioner Hay stated that he would agree to take a look at this for the future and supports staff recommendations. Commissioner Kelley stated that the City has suffered over the years without having any increases, but that 10% is a lot. She said that she wants to be conscious of the fact that it was not increased over the years, likely because of Covid, and she supports looking at what we can do to decrease the percentage and provide the same services. She asked where the difference comes from for the money that goes from Utilities to General Fund. 528 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Ms. Frederiksen explained that it is 8% of the revenues, which is maxed out on what is transferred. Commissioner Kelley supports figuring out what we can do to have lower increases. Mayor Penserga said that they will do research on the 6%, but the possible changes were for the upcoming year. Commissioner Cruz said that she does not support a 10% increase for this year. She stated that she would like to do a 6% increase for this year. Vice Mayor Turkin said that he does not support a 6% increase and would come back for a Special Meeting if needed. Mayor Penserga said that we have a State deadline and asked about the options. Ms. Frederiksen said that 6% would be about a $2.4M reduction to the Utility Funds. She said that they can amend the budget and move forward with that tonight. Interim City Attorney Tolces said that the utility rate was previously approved, but the resolution can come back for an amendment at the next meeting. He mentioned that there will have to be additional notices sent out. Mayor Penserga recommends coming back for a Special Meeting, because he does not want to see this affect other items. Commissioner Hey said that he is satisfied with the way it is, but will go with the majority. He mentioned that we have had the best water in the County, and we have to make investments to continue to make our water right. Commissioner Kelley asked about the deadline. Interim City Attorney Tolces said that the millage rate and the budget has to be separately advertised. He said that the millage rate can be approved tonight, and the budget can come back. Commissioner Kelley said that her concerns are timing and when we can have a Special Meeting. Commissioner Hay said that there is challenge because of the travel that is coming up. 529 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Ms. Kalkat said that they usually like to give 30 days' notice to residents about any rate change. Vice Turkin said that he would like to get this done within the two weeks. He asked what other municipalities we have a contract with water. Ms. Kalkat explained which municipalities we service. Vice Mayor Turkin said that we should raise rates for other municipalities, to offset the residents of Boynton Beach. City Manager Dugger said they are capped out on what they can charge other municipalities. He stated that if they stop $4M from coming over, there will be big changes to the general budget and challenges to maintain services. Vice Mayor Turkin said that there is a fire assessment that was supposed to sunset and there will be an impact fee that will put a burden on developers, instead of residents. He commented that we should not tax the residents and they need to be creative. He reiterated that he will not support a 10% increase. Mayor Penserga said that there is consensus to come back again. Commissioner Hay said that we can approve the millage rate, but asked if we are holding up the entire budget just on this item, or can it be pulled out. Interim City Attorney Tolces said to recess the item and come back with it as a whole. Assistant City Manager Matos said that the workshop has not been scheduled yet. Commissioner Cruz said that September 27th looks like a good time to come back. Interim City Attorney Tolces said that the millage hearing should be now and recess the budget. Mayor Penserga opened the public comments on the millage rate only. Jackie Long asked if raising the millage rate is to raise the taxes. She said that she disagrees with raising the millage rate. Mayor Penserga reiterated that we did not raise the millage rate. He closed the public comments. 5 530 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Commissioner Cruz said that they decreased the millage rate last year, and this year it is the same. She said that the value of homes have increased, which is why taxes would have been higher. Vice Mayor Turkin said that Boynton Beach does not control the market and we just set the millage rate. Motion: Commissioner Cruz moved to approve the Millage Rate. Commissioner Hay seconded the motion. The motion passed unanimously (5-0). Mayor Penserga said he had a comment regarding the budget. He asked if there is a long-term plan to adjust accordioning with increases in CPI, and not increase yearly but long term. He also said that he is glad the budget is delayed because he has asked for a copy of all contracts in the City, and he just received them, after two months of requesting them. He said that we do not have a contract management system and asked for funding for a contract management system to be included in the budget. City Manager Dugger said that a lot of the contracts are not discovered until it is asked. He stated that gathering contracts from 16-17 different departments took a long time. He explained all of the things that staff has been working on since he got here. Mayor Penserga said that we have to take the steps when they are addressed. Commissioner Cruz said that this years' budget might be tight, but she supports getting a contract management system. She suggested Excel spreadsheets to start. Commissioner Kelley supports the contract management system. She said that this should be a priority. Ms. Frederiksen asked for clarification on the Mayor's first request. She mentioned that Purchasing has a contract management system that tracks everything over $50K, which requires Commission approval. Motion: Vice Mayor Turkin moved to recess the budget hearing. Commissioner Cruz seconded the motion. The motion passed unanimously (5-0). 531 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 3. Announcements, Community and Special Events And Presentations A. Presentation and Discussion- Artificial Reef.- Tabled from September 5, 2023. Motion: Vice Mayor Turkin moved to remove the item from the table. Commissioner Kelley seconded the motion. The motion passed unanimously (5-0). Alannah Irwin, Sustainability and Resiliency Administrator, spoke about the following: objectives; artificial reefs; benefits of artificial reefs; artificial reefs & climate change; artificial reef- additional benefits; existing artificial reefs in Boynton Beach; map of reefs off of Boynton Beach; completed artificial reef projects; potential grant opportunities; and future direction. Commissioner Kelley thanked Vice Mayor Turkin for bringing this up. She said that with all the funding and grants available, it is a win for everyone. She stated that she is in favor of moving forward. Commissioner Hay asked if there is a rule of how close they are supposed to be. Ms. Irwin explained that there are rules as far as how close they can be to the shoreline, and she explained different reef depths. Commissioner Hay asked about the Army Corps of Engineers. Ms. Irwin explained how long it would take for a permit, and the difference with the living shoreline. She said that they have a grant that can cover 50% of the cost, that they can look at. Mayor Penserga thanked Vice Mayor Turkin and said that he supports this. He asked if there is collaboration with our Fire Dive Team. Vice Mayor Turkin said that one of the most important things is that he would like to focus on, is ocean front accessibility. He stated that he would like to make sure that future generations can enjoy the beach as well. He mentioned funding this over time and branding the City. He talked about other opportunities to mitigate this. He recommended looking at ocean front and the intracoastal as well. Commissioner Cruz said that she shares the same sentiments as the rest of the 532 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Commission. She said that it is important to look for grants. She asked what we are approving. Mayor Penserga said that staff needs direction to look into the different aspects of research. City Manager Dugger said that they budgeted $60K for the design concept. Ms. Irwin said that they can work on both projects at the same time. Vice Mayor Turkin said that during this last cycle the federal government approved utilizing funding for naval ships. 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) Debra Tendrich, Founder of Live Better Eat Better, said that they are surprising teachers with turkeys for the entire school staff. She asked for the City to nominate a Boynton Beach school to win. She stated that teachers are mentally stressed. She announced her organization's website and how to nominate a school. Jackie Long spoke about her tax bill and said that there is a $60 increase for her, and that it is a lot of money. She stated that the City needs to stop putting poison in the water to save money, such as fluoride. She mentioned that Utilities is not discussing it and there should be a full investigation about this. She said that 6% is still too high and we do not need to make up for the last few years. David Katz said that we are going down a bad economic rabbit hole if we do not go with a 10% increase. He stated that there have been fund transfers so that there are no taxes going up. He commented that at the last meeting, the Mayor mentioned that there should be an Elected Official here all the time, which is code for strong Mayor. He said that nobody wants a strong Mayor, that it is the manager's job. Susan Oyer spoke about looking into Ikea to take over the mall space. She said that we do not need 2,000 more apartments. She mentioned that we should focus on kinetic when looking for a new art manager. She asked if we are looking into holiday decorations already. She said that there are over 11,000 people dead in Bolivia because of flooding, what are we doing. She stated that she is an advocate for the 10%. She asked why are :, 533 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 we not getting lobbyist to raise the 25% cap, and we should raise the outside municipalities. She supports the reef. Cindy Falco De Corrado said that her friend is still getting a tax bill, even though her friend does not live here. She questioned the different line items on the taxes. She said that people were here at 5:30 and it was hot outside, and nobody was outside to open the door, and people were offended. She said that she did not have her garbage picked up all week. she asked for an overhaul on every department in Boynton Beach and fire those who are not doing their job. She said that she would opt out of the fire assessment fee. There were no virtual hands. Mayor Penserga closed public comment. 10. Unfinished Business B. In House Attorney Update. Tennille DeCoste, Director of Human Resources and Risk Management, said that nothing has changed, and she needs direction. Mayor Penserga said that he would like to give any candidates who are present a chance to speak Shawna Lamb introduced herself and spoke about having an in-house City Attorney. She explained why she should be chosen as the in-house City Attorney. Commissioner Cruz said that after interviewing the three candidates, she chose someone who has experience with a municipality. She stated that she supports Shawna Lamb. Vice Mayor Turkin stated that this was a hard decision, and he is happy with the Interim City Attorney and knows that there will be a transition period. He said that he has seen commitment, and supports Shawna Lamb, but that we should have a joint effort with the current interim firm. Commissioner Hay stated that they had three good candidates, and all were capable of handling the task, but he chose the one with the best experience. He chose Mr. Belony. Commissioner Kelley stated that she received several references from associates, in particular Ms. Lamb, who comes with knowledge of City business. She said that she is from our City, which is important. She stated that she supports Ms. Lamb. She mentioned that this is not a one-person job, and that another City that is a little bit bigger than us has 13 534 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 City Attorneys. She mentioned that we have one amazing paralegal. She commented that she would like to have our current firm assist us until we transition. Mayor Penserga said that he interviewed the candidates and that Shawna Lamb stood out. He stated that her drive is very clear, and she is extremely qualified. He agrees with the transition period, and that we need someone here full time. He asked if there have been conversations yet about a transition. Interim City Attorney Tolces said that they have not had transition period conversations, but they will continue to work with the City. He recommended a motion to direct staff to negotiate an agreement with Ms. Lamb and come back to the City Commission for final action. Motion: Vice Mayor Turkin moved to direct staff to negotiate an agreement with Shawna Lamb for in-house City Attorney. Commissioner Cruz seconded the motion. The motion passed unanimously (5-0). Commissioner Cruz stated that she agrees with Commissioner Kelley that we need a legal team. She thanked the current Interim City Attorney for working with us. Interim City Attorney Tolces said that they will continue to work within their retainer and no action is needed at this time. Vice Mayor Turkin said that if we have to outsource our legal and should go with the current interim firm. 5. Administrative A. Community Support Funds Commissioner Kelley said that one of her Community Support Funds is a kick off to Holiday Baskets. She mentioned that piggybacking Feeding South Florida, there are a lot of organizations that are focusing on feeding the community. Motion: Vice Mayor Turkin moved to approve the entirety of the Community Support Funds requests. Commissioner Cruz seconded the motion. The motion passed unanimously (5- 0). 10 535 Meeting Minutes City Commission Meeting Boynton Beach, FL 6. Consent Agenda September 14, 2023 A. Proposed Resolution No. R23-121- Ratification of FY 2024 CRA Budget. B. Proposed Resolution No. R23-122- Intracoastal Park - Restoration Project. C. Proposed Resolution No. R23-123- Hurricane Nicole DR4680 Funding Agreement. 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. 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 F. Proposed Resolution No. R23-126- Promissory Note as a part of the Commercial Property Improvement Forgivable Loan Program for Margo's Kitchen, LLC. G. 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. 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. J. Proposed Resolution No. R23-128- FDOT Grant - Bicycle and Pedestrian Focused Initiative. K. Proposed Resolution No. R23-129- Coquina Cove FY 23-24 DEP Resilient Florida Program - Notice of Grant Award and Supplement Funding Request. L. Proposed Resolution No. R23-130- Grant Agreement with the Mellon Foundation for the Heart of Boynton Unity Project M. Proposed Resolution No. R23-131- Traffic Enforcement Agreement- The Hills of Lake Eden Homeowner's Association, Inc. N. Proposed Resolution No. R23-134- State Assistance for Fentanyl Eradication (S.A.F.E) in Florida Program and corresponding Interlocal agreement between the City of Boynton Beach and Palm Beach County Sheriff's Office. O. Proposed Resolution No. R23-135- Ratify SCRW 2024 Budget 11 536 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Motion: Commissioner Cruz moved to approve the consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously (5-0). 7. Consent Bids and Purchases over $100,000 A. Port Consolidated- Annual Expenditure Increase. B. Approve task order # 157 for the SW 8th Street improvements from Woolbright Road to Boynton Beach Boulevard. C. Purchase of Sodium Hypochlorite using Southeast Florida Governmental Purchasing Cooperative Group Bid No. 139. D. Proposed Resolution No. R23-132- Preferred Governmental Insurance Trust (PGIT) as the City's new Property, Liability and Workers' Compensation provider. Mayor Penserga requested to pull item 7D. Vice Mayor Turkin and Commissioner Cruz both requested to pull item 7B. Motion: Commissioner Hay moved to approve the remainder of Consent Bids and Purchases over $100,000. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously Mayor Penserga said they would begin with item 7B. 7B. Approve task order # 157 for the SW 8th Street improvements from Woolbright Road to Boynton Beach Boulevard. Mario Guzman, Director of Public Works, introduced Carl Fermenti, Project Manager for SW 8t" Street. Mr. Fermenti provided a background on the project. He mentioned that they plan on bringing this project up in four phases and spoke about what will be included. He mentioned that there are some areas that need to be addressed, to be ADA compliant, and there will be concrete work done to make a complete sidewalk network for future projects. Vice Mayor Turkin said that he is excited to see additional traffic calming. He asked for elaborations on future projects in the neighborhood east of this project. 12 537 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Mr. Guzman explained what projects are being looked at this year and next year. He said that they will be looking at other roads as they are working on these. Mr. Fermenti spoke about which sides of the roads do not flood and which ones will require more work. Commissioner Hay congratulated both of them for getting this working, and said that this is a good beginning. Commissioner Kelley recognized that this is before them because of price increasing, which is happening everywhere. Motion: Vice Mayor Turkin moved to approve item 7B. Commissioner Hay seconded the motion. The motion passed unanimously (5-0). Mayor Penserga said they are moving on to item 7D. 7D. Proposed Resolution No. R23-132- Preferred Governmental Insurance Trust (PGIT) as the City's new Property, Liability and Workers' Compensation provider. Ms. DeCoste introduced Morgan Chaloupka, Risk Manager, and spoke about the following: Background and FMIT. Ms. Chaloupka said that the City hired an appraiser to assess our assets and she spoke about the insured value that was increased. She explained the different coverages that were increased. Ms. DeCoste said that we reduced cost but increased coverage. Commissioner Cruz said that this is great work. Vice Mayor Turkin said that this is a game changer, as usual. He thanked Ms. DeCoste. Commissioner Hay said that PGIT has a good track record, and getting more for less is a no-brainer. Commissioner Kelley mentioned that it pays to shop because we saved money, and she thanked the staff for doing this. 13 538 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Mayor Penserga asked about the last time we did this. Ms. Chaloupka explained when we switched from PGIT to FMIT. Mayor Penserga thanked the staff. City Manager Dugger said that Ms. Chaloupka stepped up to the plate as the Interim Risk Manager and was just named permanent Risk Manager. Motion: Vice Mayor Turkin moved to approve item 7D. Commissioner Hay seconded the motion. The motion passed unanimously (5-0). 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. AMP Warehouse Storage Building (CDPA 23-010) Interim City Attorney Tolces explained that this is a community design appeal. He swore in anyone that might speak on this item. Commissioner Kelley clarified that she did have a conversation with the representative from AMP. Fernando Nunez, applicant, said that they met the code on the other three sides and are asking for relief for one side. He explained what they are requesting and what they are proposing. He spoke about the following: 870 West Industrial Drive, Boynton Beach; existing site conditions; proposed site plan with landscaping; meeting the intent of the code; brief overview of the different changes being requested; new storage building facades and enlarged landscape plan at street; key benefits of proposed project; and sustainability aspects of the proposed project. Chris Angelo, owner of American Molding and Plastics, introduced himself and thanked the Commission for the opportunity to present. Jae Eun Kim, Planning and Zoning, spoke about the following: project location; 14 539 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 background- existing site; request; site plan and landscape plans; review criteria; and staff recommends approval. Commissioner Cruz left the dais at 8:40 P.M. and returned at 8:44 P.M. Mayor Penserga opened public comments, there were none. He closed public comments. Commissioner Kelley said that this is a prime example of making exceptions. She commended the applicants for going above and beyond. Commissioner Hay congratulated the applicants. Vice Mayor Turkin thanked the applicants for their hard work. Mayor Penserga said that he disagrees with all of the requirements. He stated that the applicants have been given the run around, and that the process was too long for a shed next to the highway, that nobody will see. He mentioned that the larger conversation is if we have a business come to them to invest in the City, why they are giving them a hard time. Commissioner Hay agreed with Mayor Penserga and said that we should make improvements when we see that it is needed, as a Commission. Mayor Penserga said that he would like the business community to know that they are making changes. Vice Mayor Turkin said that we cannot fix something if we do not identify the problem. Mayor Penserga said that there are a lot of people at the County level who have placed the blame on the Mayor and this administration. City Manager Dugger said that he knows this has been a long process. He stated that Mr. Angelo's company has helped the Utilities Department before. Mr. Angelo said that they have helped the City with a part that was needed for the water plant, and they were able to make the part in two days. He stated that it has been 2 years and 3 months that they have been dealing with this project. Motion: Vice Mayor Turkin moved to approve item 8A. Commissioner Hay seconded the motion. 15 540 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 The motion passed unanimously (5-0). B. Proposed Ordinance No. 23-016- Second Reading - Amending Chapter 27, "Advisory Boards and Committees." Interim City Attorney Tolces read the ordinance by title. He said that the shaded text are the same changes from first reading. Commissioner Kelley said that she made her position clear that they should not choose the art for the City. She stated that there was one item, line 376, to allow for internal appeals to be 30 days, not 60 days. Interim City Attorney Tolces mentioned that a lot of the appellate rights have to be appealed in 30 days, which is why he suggested this instead of 60, but it is their decision. Commissioner Kelley said that she was concerned with allowing more than 30 days, and does not support the appeal process at all, but would like to see it at 30 days. She stated that this was supposed to be an easy clean up and it became more complicated. Mayor Penserga clarified that Commissioner Kelley wants 30 days instead of 60 days for the appeal process, and that she does not want to limit where the artist should come from. Commissioner Hay concurred with Commissioner Kelley. He asked for clarification if they limited the location of the artist. Interim City Attorney Tolces read line 370. Commissioner Hay said that he does not agree with this line. He said that art is in the eye of the beholder. He stated that he would like to have it at 30 days appeal. Vice Mayor Turkin said that people have a voice, and unfortunately there was a lot of push back and that there was a process that did not work. He spoke about artist in the City, and that we should not limit this to the County. He said that he is okay with either 30 or 60 days. Commissioner Cruz spoke about line 188, and recommended keeping part of it because it was requested to stay. She said that the reason why we are doing this is because there was an outcry in the community, because they did not want a specific piece of art to be approved. She said that she brought this up because she is listening to the people who elected her. She thinks that they should have some veto power for items that are controversial. She said that she would like to move this as proposed, with 60 days. She 16 541 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 said that the Arts Board is an advisory board, and if there are concerns, they should have the opportunity to bring it up and bring accountability to the community. Commissioner Kelley said that she is standing firm with 30 days, and that there are lots of opportunities for the public to see the artwork. Commissioner Cruz said that the public is busy, and they might not know anything is happening when it comes to the board. She said that she would like to focus on the constituents. Vice Mayor Turkin said that he is a big advocate by doing what is right, and he supports Commissioner Cruz, with the correction to the military service. Mayor Penserga stated that there are legal concerns, and he will support 30 days, but if it becomes an issue in the future, he would not have an issue with moving it to 60 days. Interim City Attorney Tolces said that his reasoning is that he wants to have this consistent with other appeal processes that the City has, but it is up to the Commission. There was further discussion regarding 60 days versus 30 days; the art piece that was controversial; retroactive versus the ordinance moving forward; scrivener's error being corrected; and making separate motions. Motion: Commissioner Kelley moved to amend notice of appeal to be changed to 30 days versus 60 days. Commissioner Hay seconded the motion. In a roll call vote, the motion passed (3-2) with Vice Mayor Turkin and Commissioner Cruz voting in opposition. Motion: Commissioner Hay moved to amend preference for artist and location so that location is not limited to just Florida and replaced "with a preference with artists located in Palm Beach County." Commissioner Cruz seconded for discussion. Commissioner Cruz asked for this to be limited to Florida to be able to track the money. Commissioner Kelley asked to leave it open, with preference to Florida and in particular to Palm Beach County. She said that we are limiting the artists that are out there. Mayor Penserga said that he is open to finding out what happened and to have the City Manager come back with findings about this issue. 17 542 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Commissioner Hay said that if something was done wrong in the past, it should not penalize everyone. He stated that we can preference Florida, and in particular, to Palm Beach County. Interim City Attorney Tolces asked if Commissioner Hay wanted to amend his motion to contain the language to preference for Florida -based artists, with a preference for Palm Beach County. Commissioner Hay said yes to preference. Interim City Attorney Tolces asked Commissioner Cruz if she agreed to the amendment as the person who seconded the motion. Commissioner Cruz said negative. Assistant City Manager Kathryn Matos spoke about the City not being involved in contracting the artists. She mentioned that the developer contracts directly with the artist. She said that the receipts are turned in by developers to show that the money was spent, but we are not involved, because it is on private property. Vice Mayor Turkin disagreed and spoke about accountability and transparency, and putting your money where your mouth is. He said that this would guarantee a local artist is chosen and we serve our community, because the word "guarantee" does not make a difference. He said he would like to support the local economy and artist. Commissioner Cruz asked if preference carries legal weight. Interim City Attorney Tolces gave an example of how preference should be given consideration. Commissioner Cruz asked what the penalties are for not going with the preference. Interim City Attorney Tolces explained what the consequences could be. He said that it is in the code, and it should be followed. He stated that if they do not, then it is up to a judge to decide if it is legally binding. Interim City Attorney Tolces clarified the motion and Mayor Penserga noted that Commissioner Cruz rejected the second. Interim City Attorney Tolces restated the motion. Mayor Penserga stated they need a 18 543 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 second. Commissioner Kelley seconded the motion. In a roll call vote, the motion failed (2-3) with Mayor Penserga, Vice Chair Turkin, and Commissioner Cruz voting in opposition. Motion: Vice Mayor Turkin moved to approve Ordinance No. 23-016, with the amendment of 30 days versus 60 days. Commissioner Cruz seconded the motion. Mayor Penserga opened public comments. Ace Tilton Radcliff spoke about public art and its benefits, and about Commissioners showing up only for part of their Art Board. She said that the Art Board already preferences local artists. She stated that 30 days is plenty of time to appeal. Phyllis Patelli said that she is a member of the Art Board. She thanked Vice Mayor Turkin for his priorities. She spoke about them considering operational necessities as a priority. She said that the board currently does not have to listen to anyone, including the Commissioners, because they are appointed by the Commissioners. She commented that local and Florida artists should always be a priority. There were no virtual comments. Mayor Penserga closed public comments. In a roll call vote, the motion passed unanimously (5-0). C. Ordinance No. 23-017- Second Reading - Amending Chapter 27, "Advisory Boards and Committees", Public Art Fee. Interim City Attorney Tolces read the ordinance by title. Commissioner Kelley said that she is happy with the previous additions. Commissioner Hay said he is good. Vice Mayor Turkin said he is good. Commissioner Cruz left the dais at 10:02 P.M. 19 544 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Assistant City Manager Matos said that she would like to schedule a workshop simultaneously with the P&D to save time. Mayor Penserga opened public comments, there were none. He closed public comments. Motion: Vice Mayor Turkin moved to approve Ordinance No. 23-017. Commissioner Kelley seconded the motion. The motion passed unanimously (4-0). Commissioner Cruz was not present for the vote. D. Proposed Ordinance No. 23-018- Second Reading Wireless Communication Facility Annual Registration (CDRV 23-007). Interim City Attorney Tolces read the ordinance by title. Ms. Kim said that there are no changes from first reading. She summarized the original changes. Mayor Penserga opened public comments, there were none. He closed public comments. Commissioner Cruz returned to the dais at 10:06 P.M. Motion: Commissioner Hay moved to approve item 8D. Vice Mayor Turkin seconded the motion. The motion passed unanimously (5-0). E. Proposed Ordinance No. 23-019- Second Reading -8 Year General Employee Pension Plan. Interim City Attorney Tolces read the ordinance by title. Mayor Penserga opened public comments, there were none. He closed public comments. Motion: Vice Mayor Turkin moved to approve item 8E. Commissioner Hay seconded the motion. The motion passed unanimously (5-0). F. Proposed Ordinance No. 23-020- Second Reading - Boynton Beach Amendments to the 7th Edition (2020) of the Florida Building Code. 20 545 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Interim City Attorney Tolces read the ordinance by title. John Kuntzman, Building Official, asked if there are any questions. Vice Mayor Turkin proposed an amendment to section 105.2. He said that he would like to double the cost to $2,000 or $2,500. Mr. Kuntzman said that this is for items that do not require a permit. He stated that historically is has been $1,000, but he does not have a problem of increasing it to $2,000. He gave examples of items that would fall into this category. Mayor Penserga opened public comments, there were none. He closed public comments. Motion: Vice Mayor Turkin moved to approve the amendment, as stated. Commissioner Cruz seconded the motion. The motion passed unanimously (5-0). Motion: Commissioner Hay moved to approve item 8F, as amended. Commissioner Cruz seconded the motion. The motion passed unanimously (5-0). 9. City Manager's Report — No items 10. Unfinished Business (con't) A. Discuss Town Square Investigation Scope of Work. Interim City Attorney said that he provided a memo in the packet. He stated that it is Commission's discretion to provide scope of work to his firm. Vice Mayor Turkin said that this is fact finding, but he would like to look at negligence and potential corruption. He stated that we have to identify problems of the past. Commissioner Kelley said that she wants to know what happened. She stated that her only concern is that we look into not running into confidentiality issues. She agrees that we need to know how we got here. Commissioner Hay stated that he supports this but wants to know what the purpose is. City Manager Dugger spoke about what happened historically, and said that it is important to identify the issues that happened, to avoid it in the future. 21 546 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Interim City Attorney Tolces said that they are here to identify what occurred and provide recommendations on best practices to make the process better. He stated that they will work with the City Manager's Office to make sure they stay focused, with respect to performing the scope of work. City Manager Dugger spoke about alleviating civil liability but not criminal liability. Commissioner Cruz said that we want accountability and not to repeat mistakes. She asked if the law firm will do this. City Manager Dugger said that the investigation team already started, and information will be shared with the law firm. Mayor Penserga stated that he supports this being looked into. He said that they just want to learn to develop best practices. He asked what mechanisms will be put into place to assure that the findings are not questioned. Interim City Attorney Tolces said that his goal is to have other attorneys within the firm assist. He will not be the lead investigator, but will be the liaisons with the City Manager. He said that their recommendations will be provided based upon the facts that are uncovered. He noted that the final report will be impartial and not shaded to benefit any part, in respect to the actions that were taken. 12. Legal A. Proposed Ordinance No. 23-021- The abandonment of 30' wide unimproved right-of-way for the Shalimar project. Interim City Attorney Tolces ordinance read the title into the record. Mr. David Milledge, on behalf of the applicant, said that the PowerPoint was sent. Ms. Kim said that the PowerPoint was sent after the agenda was published. Mr. Milledge spoke about the parcel of land. He stated that staff has recommended approval. Commissioner Cruz asked why this was not included when the site plan approval was done. 22 547 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 Deputy City Manager Mack said that the applicant did not own the property at that time, but staff, as a condition, wanted it to be abandoned and added to the parcel. Commissioner Cruz asked whose property this is. Mr. Milledge said that the City owns it and is responsible for maintaining it, but they will take that responsibility. Commissioner Kelley asked if they have plans to add any more landscape with the buffer. Mr. Milledge said they will remove exotics, clean up the area, and maintain it. Motion: Vice Mayor Turkin moved to approve Ordinance No. 23-021. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously (5-0). B. Proposed Resolution No. R23-133- Annual Registration Application & Fee for Wireless Communication Facility corresponding to Ordinance No. 23-018. Interim City Attorney Tolces read the resolution title into the record. Ms. Kim spoke about the registration fees and requirements. Mayor Penserga opened public comments, there were none. He closed public comments. Motion: Vice Mayor Turkin moved to approve Resolution No. R23-133. Commissioner Kelley seconded the motion. The motion passed unanimously (5-0). 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 B. Discussion on best practices in regards to regulating tints for paraphernalia shops.- October 3, 2023 C. Report regarding sewer spill into intracoastal waterway. - October 17, 2023 D. Discussion regarding regulations to support local businesses.- November 7, 2023 E. Discussion regarding annexation options and procedures. — December 5, 23 548 Meeting Minutes City Commission Meeting Boynton Beach, FL September 14, 2023 2023 F. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 G. Discussion regarding the Art Assessment Fee. — TBD H. Advisory Board Annual Reappointments and Appointments. - Tabled from April 4, 2023. 14. Adjournment Motion: Commissioner Hay moved to adjourn the meeting. Commissioner Cruz seconded the motion. The motion passed unanimously (5-0). There being no further business to discuss, the meeting was adjourned at 11:17 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 24 549 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Wednesday, September 27, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Angela Cruz Commissioner Woodrow L. Hay Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger, City Manager David Tolces, Interim City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Commissioner Woodrow Hay. Invocation was given by Commissioner Hay Pledge of Allegiance to the Flag led by Commissioner Angela Cruz Commissioner Cruz led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion: Commissioner Cruz moved to approve the agenda as amended. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Kelley said that she had no disclosures. Commissioner Hay said that he had no disclosures. 550 Meeting Minutes City Commission Meeting and Third Budget Hearing Boynton Beach, FL September 27, 2023 Vice Mayor Turkin said that he had no disclosures Commissioner Cruz said that she spoke to residents and staff about item 10A. Mayor Penserga said that he had no disclosures. 3. Announcements, Community and Special Events and Presentations 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). Joseph Bresner said that he appreciates working with staff, and spoke about a new trend that makes the City of Boynton Beach much more attractive to employees. He said that any decisions that are made that can help employees, they look forward to working with staff. There were no virtual comments. 5. Administrative A. Community Support Funds Motion: Commissioner Cruz moved to approve the agenda as amended. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 6. Consent Agenda 7. Consent Bids and Purchases over $100,000 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report- None 10. Unfinished Business 551 Meeting Minutes City Commission Meeting and Third Budget Hearing Boynton Beach, FL September 27, 2023 A. Proposed Resolution No. R23 -134 -(Amendment to Resolution No. R23- 108) Annual Comprehensive Fee Schedule Rate Changes. Mayor spoke about the history of why this came back to the Commission. Poonam Kalkat introduced Ryan Smith, the rate consultant that they have been working with all year. Ryan Smith, Rate Consultant, spoke about the following regarding the Rate Adjustment Scenarios: utility statistics; historical rate adjustments vs inflation; rate setting methodology; scenario development; revenues vs expenses- 5 years; depreciation funding; residential bill comparison (5000 gallons per month); (1) water rate adjustments - inside City, and (2) water rate adjustments- outside City; (2) wastewater and stormwater rate adjustments- inside and outside City -revenue impact; example bill; financial assistance; recommendations; and questions and answers. Commissioner Kelley stated that this was good to have a refresher presentation. She said that we have to look out for constituents service- wise as well. She mentioned not increasing the utility fund over the last 3 years has cause a disservice to both the residents and the employees. She said that she supports the 10% adjustment, and look at the future for rate adjustments that aren't at 10%. Commissioner Hay said that he agrees with Commissioner Kelley. He said that based on the history with the City, the citizens like the high value of the services received from the City of Boynton Beach, and they are willing to pay for it. He said that he is happy to hear about the assistance that is available for those who need it. He mentioned that the impact fees is another source to try to relieve the "pain" but it is still a small amount. He commented that he is in favor of the 10%, and would like to maintain the depreciation. Vice Mayor Turkin stated that looking at the water bill was very helpful. He said that his concerns are about the CIP funding, that there is follow through with those projects. He would like to see the increase of service, if they are increasing rates of the constituents. He mentioned that he understands the obstacles that can happen, but he wants to know that there is follow through with the projects. He spoke about the sewage, and the over development on the City, to make sure that our infrastructure can handle it. He commented that he is not sure he could do 10% both this and next year, so he would like to take a look at that for the forecasted increase. Commissioner Cruz mentioned that something that was consistently stated that we need to make our rates competitive. She said that we should be careful of the cities that we compare our City to. She said that this may not be a significant change for some, but the majority of her constituents are elderly and it would affect them more. She spoke about the funding that comes from the Utility fund, and about franchise fees. She would like to request for future meetings: update on what grants are being requested, and build an inventory of infrastructure with a timeline to make sure funds are going towards those 552 Meeting Minutes City Commission Meeting and Third Budget Hearing Boynton Beach, FL September 27, 2023 projects. She asked if a 6% increase would have an effect on employees. Ms. Kalkat said that the total is in regards to utilities, including employees. She stated that they will always pay their employees, but they might have to look at cutting projects. Commissioner Cruz said that she would not like to see a 10% increase, and she mentioned the increases that have been approved for the employees. She said that FPL has increased 20%, and they have been paying us the same amount for a long time, and she would like to see us charge them more. She said that she is sticking with her 6% increase. Vice Mayor Turkin stated that he understands the hesitation with the 10%, but he would propose the 8% increase, and asked if it is manageable. Ms. Kalkat stated that she is pushing for 10% because we are digging ourselves into a hole, but she will do whatever the Commission decides. She said that it was originally more than 10%, but they decided on a lower increase, so that it does not affect the residents too much. She added that the inventory asset management that they are looking at, they are also looking at the data of breaks and what is highest risk for them that they need to prioritize. Vice Mayor Turkin asked about his concerns to be addressed. Ms. Kalkat stated that they are committed and they are working on getting the CIP projects started and completed on the timeline being given to the Commission. Vice Mayor Turkin stated that the residents need to see something, and not just excuses. Ms. Kalkat said that they can lay out their CIP by years, because some of the projects have different phases that last years. Mayor Penserga opened to public comment. Susan Oyer said that she is all for the 10% increase. She stated that there is sewage bubbling up in the 500 block. She mentioned that we should advocate to get the 25% increase block taken off, so we can charge the outside residents more. She said that Collin had a whole image redone and it disappeared. She stated that she is happy to hear that the employees are getting an increase, and that 10% is only about a $6 increase, which is affordable. David Katz stated that he has no problem with the 10% increase, and that the staff is professional. There were no virtual comments. Commissioner Kelley agreed with the accountability that Vice Mayor Turkin spoke about. 553 Meeting Minutes City Commission Meeting and Third Budget Hearing Boynton Beach, FL September 27, 2023 Motion: Commissioner Kelley moved to approve Resolution No. R23-134, Commissioner Hay seconded the motion. The motion passed 4-1, with Commissioner Cruz dissenting. B. Proposed Resolution No. R23-120- Adopt The FINAL Budget for the General Fund and all other funds for Fiscal Year 2023-2024. Mara Frederiksen stated that there are no updates to the budget, since the 10% passed. Mayor opened to public comment. Susan Oyer asked to get rid of the HSA, which is about $3650, because they should be able to get this taken out of their paychecks. Motion: Vice Mayor Turkin moved to approve Resolution No. R23-120. Commissioner Hay seconded the motion. The motion passed unanimously. 11. New Business 12. Legal 13. Future Agenda Items 14. Adjournment Motion Commissioner Kelley moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 7:08 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jes0s, MPA, MMC City Clerk 5 554 7.A Consent Bids and Purchases over $100,000 10/17/2023 Approve Purchase Order for the design of Pioneer Canal Park Boat Ramp and Dock Improvements. Requested Action: Approve and Award Alexis Knight Architects as the next pre qualified vendor for the Pioneer Canal Park Boat Ramp and Dock Improvements (Bid # UT -2E-07) in the amount of $104,135. Explanation of Request: In June 2023, the Pioneer Canal Park Boat Ramp was closed due to structural failures of the ramp and dock, based on those failures it was determined use of the ramp by the public was unsafe. The project will include designing of new ramps, boat with trailer parking, vehicular parking, and ADA parking with ADA sidewalk access to the park, ramp, and fishing pier (see attached rendering). How will this affect city programs or services? The project will provide a safe and ADA accessible route for the Pioneer Canal Park Boat Ramp for patrons to use. This is the City's only fresh water boat ramp for residents to gain access to the canals. Fiscal Impact: Fiscal impact is via the City's 303 funding. Attachments: Pioneer Canal Park Boat Ramp - Quote.pdf Pioneer Canal Park Boat Ramp - Rendering.pdf 555 ALEXIS KNIGHT / \RC H ITECTS Sustainable Design + Innovative Solutions September 14, 2023 Mr. Kevin Ramsey Construction Services Manager 100 E Ocean Ave Boynton Beach, FL 33425 ramseyk()bbfl.us RE: Project Services for: Boat Ramp and Dock Improvements Pioneer Park 848 NW 13th Avenue Boynton Beach, FL 33435 AKA No. 23.0054 Dear Mr. Ramsey; Alexis Knight Architect, Inc. (AKArchitects) is pleased to provide this revised proposal for architectural and engineering services. These services include the tasks defined in this proposal and will result in the preparation of the construction and permit drawings for the improvements to the boat ramp and dock, located within the Pioneer Park in Boynton Beach, Florida. Please review the enclosed Architectural Services Agreement including Attachment A: Scope of Services, Attachment B Professional Fees, and if acceptable, sign and return this agreement. AKArchitects will begin this project within five (5) business days of receiving written acceptance and execution of this agreement for these services. This written proposal will be valid for thirty (30) days from the date of this proposed agreement. cc: Project File Sincerely, WhillniahtAmihitect,hc. Steven W. Knl' 't, R.A., A.I.A. President ��. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 556 Architectural Service Agreement September 14, 2023 Project Services for: Boat Ramp and Dock Improvements Pioneer Park 848 NW 13th Avenue Boynton Beach, FL 33435 AKA No. 23.0054 This proposal is hereby issued this 14th day of September, 2023 and shall become the agreement between The City of Boynton Beach, subsequently referred to as the "Client, and Alexis Knight Architect, Inc. (AKArchitects), subsequently referred to as the "Architect." These services are being offered under our current General Consulting Services Agreement. By joining in this Agreement, the Client retains Alexis Knight Architects, Inc. to provide architectural and engineering services in connection with the preparation of the construction and permit drawings for the improvements to the boat ramp and dock, located within the Pioneer Park in Boynton Beach, Florida, subsequently referred to as "Project." By this Agreement, the scope of Alexis Knight Architect's services for this Project is limited to that described in Attachment A: Scope of Services. Client agrees to compensate Alexis Knight Architects for providing the above services in the manner described in Attachment B Professional Fees. Client agrees to compensate Alexis Knight Architects for services in the manner described in Attachment C: Standard Hourly Rates as described in our General Consulting Services Agreement dated August 22, 2018. Client agrees to the contractual conditions as described in our General Consulting Services Agreement dated August 22, 2018. Alexis h Architect,�lnc. ` By: Steven "I. Knight Title: President's"wm,� Date: September 14, 2023 Client: The City of Boynton Beach Date: ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 557 Architectural Service Agreement Attachment A: Scope of Services September 14, 2023 Project Services for: Boat Ramp and Dock Improvements Pioneer Park 848 NW 13th Avenue Boynton Beach, FL 33435 AKA No. 23.0054 Project Description: This project includes the development of the site and areas directly adjacent to the existing boat ramp and dock located within the Pioneer Park. Selected areas will be modified to accommodate a new boat ramp and floating dock. AKArchitects will work with the Client to finalize the conceptual design and prepare the construction and permit drawings for the new boat ramp and floating dock. The scope of work shall be as discussed during our pre -proposal site visit and as illustrated in the attached preliminary layout provided by the Client. Scope of Basic Services: AKArchitects shall perform the architectural services defined in this agreement. The scope of these basic services includes the civil engineering, landscape architecture, structural engineering, limited electrical engineering and architectural design services as defined in this proposal. The following services will be provided by these firms: Alexis Knight Architects, Inc ................................... Engenuity Group, Inc ........................................... Lynn Bender Landscaping and Design .................... MUEngineering, Inc ............................................. Thomas Geotechnical Engineers, Inc ...................... ..................................................Architectural Services ........................................Civil Engineering Services .............................Landscaping and Design Services .................................Structural Engineering Services ...........................Geotechnical Engineering Services Upon issuance of an Authorization to Proceed by The City of Boynton Beach, AKArchitects shall provide the following services: • Due Diligence and Field work • Preparation of the Conceptual Design • Geotechnical soiling testing and reporting • Opinion of the Probable Cost for Construction ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 3 558 • Preparation of the Construction and Permit Drawings • Bidding Assistance Services • Permitting Assistance Services • Construction Phase Services Upon issuance of an Authorization to Proceed by the Client, AKArchitects shall provide the following services: Due Diligence and Field Work: AKArchitects and their Consultants will provide the field work for this project. The scope of the project field work will include the following: • The Architect and their Consultants will contact the Boynton Beach Public Works Engineering Department to establish the parameters of the site development. • The Architect and their Consultants will visit the property and observe the conditions of the existing marina facility. The Architect and their Consultants measure, record and photograph the conditions as required to prepare the basis for the project program and establish the final work scope. • The Civil Engineering consultant will contact the local drainage district to determine what permits will be required. • The Electrical Consultant will contact the FPL services representative on site to verify services availability and the service required for this project. • The Architect and their Consultants will establish and prepare a written schedule for this project. Construction and Permit Documentation Phase Services: Once the due diligence and the field work have been completed, the design team will provide the services as required to complete the Construction and Permitting Documents. These documents will be used to solicit competitive bids, issue the required permit application package and construct the new home. Construction Documents: AKArchitects will prepare the construction documents for this project. These documents will include drawings and specification annotations. The scope of the drawing preparation work will be based on the design development drawings and will include the following: The project deliverables shall include the following: • Architectural drawings including site plan and miscellaneous site improvements annotations. • Landscaping & irrigation design services • Civil Engineering drawings and annotations • Structural drawings and annotations ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 4 559 Preparation ofonOpinion oftheProbob|eCootforConotrucbon AKArchitects will prepare an Opinion of the Probable Cost for Construction. * The Cost Estimating Consultant will prepare u cost estimated, based on the completed construction drawings. 0 This deliverable will include a line -item cost presentation and a lump sum value. Permitting Assistance: AKArchiteCts will provide 8888taOCe in obtaining South Florida VV8te[ Management permitting and local mnQ|nmmhnQ' uU|ib/ and building permits. The Gonond Contractor orthe Client will prepare the permit application and issue the required information 0othe local permitting department. AKAmhi0octo will issue n00000ury interpretations, revisions and duhfiouUono and pnopuno drawing revisions required bythe building permit agency during the permitting process. The Civil Engineering firm shall provide the following permitting assistance services: Provide t8OhDiO8| O[it8h8' written d8GOhpUDDG' and d8GiQD data for filing 8pp|iO8UDDG for permits from the following governmental authorities having jurisdiction to review or approve the design of the Project: • South Florida Water Management District — On-site ERR drainage and dewatering permits. • Lake Worth Drainage District/ or SFWMD Right of Way permit — Drainage Permit • City DfBoynton Beach —Engineering permit. • Fire Marshal P8[0iL Normal and customary permitting activities are included in ENGINEER'S services. Responding tDapplication review comments that require ENGINEER'S services that are not normal and customary are additional 88[ViO8G that can b8performed DD8Dhourly basis upon authorization. Bidding Assistance: AKArchiteots and their consultants will provide bidding assistance services for this project. The Architect will assist the Client as follows: ° The Architect will assist the City of Boynton Beach in preparingulist of prospective bidders. * The Architect will mw modifications and updated bid documents including drawings, invitation to bid and other documents as provided by the City of Boynton Beach. ALEXIS KNIGHT ARCHITECTS 1OOwE6th Street, Suite 102 Boynton Beach, FLa34a 5613749242 oknioxt@akammteotsino.ovm • The Architect will assist the Client in preparing a schedule for the bidding phase of the project. This schedule will include landmark dates such as the issuance and pre-bid meeting, final date for submission of requests for information (RFI's), issuance of final addendum and bid due date. • The Architect will assist the Client in administering a Pre -Bid Conference with the General Contractor. • The Architect will modify the documents to include additional information related to requests for information (RFI's) issued by the contractors during the bidding phase of the project. • The Architect will prepare addenda and issue same to each bidder. • The Architect will receive, tabulate bids, review the bids with the Client and make a recommendation regarding the selection of the contractor. • The Architect will assist the Client in executing the Professional Agreement Between the City of Boynton Beach and Vendor. The Client's General Contractor will administer the formal bidding process and provide all other assistance during this phase of the project. Construction Administration: AKArchitects will provide construction phase administration services for services for the portion of work as defined in this proposal. Once the permits for the new work have been issued by the local authority having jurisdiction and the construction phase of the project begins, the Architect will provide the construction phase administration services, defined herein. The Architect and Engineers will provide the following services: Observation Services: • The Architect and Engineers will observe the project during the construction phase, to ensure that the materials, assemblies and finish product is consistent with the work included and defined in the construction documents. • The Architect and Engineers will provide site visits and progress reporting on an as needed basis. A site visit report will be prepared, defining the work observed and in progress Administration Services: • The Architect and Engineer will review shop drawing submittals issued by the General Contractor. • The Architect and Engineers will review monthly applications for payment as submitted by the general contractor. • The Architect and Engineer will answer RFI's and questions from the field and provide written clarification to the Client and contractor. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 6 561 • The Architect and Engineer will provide written clarification and drawing revisions as required by the local permitting authority. • The Architect will provide a final "punchlist" walk-through to ensure that the project has been completed in accordance with the contract drawings. Scope of Optional Services: For additional fee, AKArchitects is hereby offering optional services as defined in this proposal. These services will be provided at the hourly rates included in this proposal. The following optional services may be provided: • The Architect and Engineer may provide material testing during construction. • The Architect and Engineer will provide construction surveying during construction. Qualifications and Exclusions: Please note that this fee proposal is based on our understanding of the project scope and the information that is presently available. This fee proposal is presented in accordance with the following Qualifications and Exclusions. Qualifications: AKArchitects will not provide any "value engineering" or any other "plan modifications" to reduce or alter the overall project cost, based on the Opinion of the Probable Cost for Construction as provided. Exclusions: AKArchitects will not provide the following services: Exclusions: AKArchitects will not provide the following services: • Value engineering — Making design and plan changes to reduce cost • Construction and material testing • Construction phase surveying • Services for obtaining any variances, change in use permits or special approvals required by the building department for the physical installation of any portion of this project • Services for making client or contractors requested plan and design revisions which occur after final acceptance of the documents (100% completion levels) and during construction. • Services for additional building or site design beyond those necessary to support the scope of work defined in this proposal ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 562 * Services for additional site design beyond those necessary hosupport the scope ofwork defined inthis proposal * Detailed cost estimating services P188G8 note that this schedule is based DD our UDd8rsU3DdiDQ of the project scope 8Dd the infoO08UDD that is presently available. The schedule shall include the completion Dfthe construction and permit drawings bvDecember 31m.2O23. The Purchase Order can be Q8D8�8d and 8GGQD8d by September 30111,2023) not by the ability of AKA to receive |DfD[08UDD required to complete this project. ALEXIS KNIGHT ARCHITECTS 1OOwE6th Street, Suite 102 Boynton Beach, FLa34a 5613749242 oknioxt@akammteotsino.ovm 563 Architectural Service Agreement Attachment B: Professional Fees September 14, 2023 Project Services for: Boat Ramp and Dock Improvements Pioneer Park 848 NW 13th Avenue Boynton Beach, FL 33435 AKA No. 23.0054 Basis of Charges: Charges for basic professional services performed by our firm for services listed in the SCOPE OF SERVICES will be made on the basis of a Lump Sum Fee in the amount of $104,135.00, including expenses (not including any permitting fees). Due Diligence and Field Work................................................................................ $ 1,755.00 Conceptual Design Services................................................................................ ............$ 2,695.00 Geotechnical Engineering................................................................................ ............$ 5,325.00 SiteSurveying................................................................................ ........................$ 9,400.00 Construction and Permit Documentation Phase Services .............................................. $49,510.00 Opinion of the Probable Cost for Construction............................................................. $ 2,600.00 Bidding Assistance Services.................................................................................... $ 4,295.00 Permitting Assistance Services................................................................................. $14,100.00 Construction Phase Services.................................................................................... $14,455.00 Total $104,135.00 The additional services defined in this proposal will be provided, based on the hourly rates as included in our agreement. A Not To Exceed fee, excluding expenses, will be negotiated for each additional task. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 9 564 Architectural Service Agreement Attachment C: Standard Hourly Rates September 14, 2023 Project Services for: Boat Ramp and Dock Improvements Pioneer Park 848 NW 13th Avenue Boynton Beach, FL 33435 AKA No. 23.0054 ALEXIS KN 1133 HTAPrHITErTS, INC Standard Hourly Rates Hourly Rates are as included in our general agreement Charges for additional professional services performed by our firm for all services listed in the Scope of Additional Services or as otherwise requested by the Client will be performed on the basis of an Hourly Fee excluding expenses. Billings will be issued at least monthly and will be based on the estimated percentage of the total scope of services that has been completed. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 10 565 Architectural Service Agreement Conceptual Site Plan September 14, 2023 Project Services for: Boat Ramp and Dock Improvements Pioneer Park 848 NW 13th Avenue Boynton Beach, FL 33435 AKA No. 23.0054 — I f u w ry " ,S� '97'W07 N W H Ob TNS Aivdt. Conceptual Site Plan N ,�.. A7,w�AVE. '-dk,A, " sr ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 11 ` 566 Alexis Knight Archhect Inc. Boom ®® a®®®o®0 om MENEM= OMEN= o®®ao®® ®om ®®®®®® a®®oa®® a®®®®®® misiolommmomom v®®®®®® ®� M. ME lie IM111-1111 o®oo®®� ®®®®a®® ® a®®®a®® ®®®®v®® ®®®®a®® ®®®moo®® nommommsmosom ®�®ov®® MENOMINEE ®®®tea®® ®®®o®®® ROME MIM ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 567 7.B Consent Bids and Purchases over $100,000 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Emergency Vehicle Purchase- Sunbelt Waste Equipment for Solid Waste. Requested Action: Approve an emergency purchase of $258,625 for the purchase of a 2023 Freightliner Rear Loader from Sunbelt Waste Equipment. Explanation of Request: The Public Works Fleet Division recommends the purchase of one (1) 2023 Freightliner Rear Loader from Sunbelt Waste Equipment for the Solid Waste Division in the amount of $258,625. This vehicle was located by networking with other dealers and municipalities. This unit is on the ground and will be used to replace vehicle #1906 identified for replacement in FY22/23. We have the option to refuse the vehicle when they are delivering during inspection. The advance purchase of this vehicle will avoid the supply chain issues, manufacturer delays, and limited vehicle inventory. This vehicle will be an immediate impact to our Solid Waste Division and their operational needs. How will this affect city programs or services? This vehicle will be used throughout the City to provide services to our residents and customers. Fiscal Impact: This is a budgeted item. Attachments: Memo to City Manager for Purchase.pdf Sunbelt Waste Equipment - Quote $258,625 .pdf 569 Oji, �;ys %iDEPARTMENT OF PUBLIC WORKS TO: Dan Dugger, City Manager FROM: Mario F. Guzme�� DATE: September 8, 2023 RE: Rear Loader Purchase Approved By 09/13/2023 5;13;36 PM Unit 1906 which is a 2019 Evo unit services our residential and vegetation routes. This unit is on the FY23 replacement list and has a lead time of 18 months. The Fleet Management division was able to locate 2023 Freightliner Rear Loader that will service both aforementioned service routes. The acquisition of this rear loader will have an immediate positive impact on our vegetation and residential operations. Additionally, our maintenance costs will be reduced as we would retire an older truck. Given supply chain issues and the length of time need to build a new truck, the Fleet Management division has procured this unit via a confirming order. This was budgeted in the FY23 vehicle replacement plan. Cc: Andrew Mack, Deputy City Manager C:lUsers\RamseyKlAppRata\Local\Microsoft\Windows\lNetCache%Content.Outlook\88QKU50W\Rear loader memo.docx 570 QUOTATION Prepared For: Ship To: Prepared By: City of Boynton Beach Mickey Chavez 7/14/2023 ... ..... ..... QUOTE EST. DELIVERY REFERENCE fSSUE VALID FROM RECEIPT SUBMITTED SHIPPED FOB POINT TERMS DATE FOR BY VIA NUMBER QF Oi2DER 1 CHECK AT TIME Mickey DRIVE Net 30 MC7114f2023 7/14/2023 OF ORDER �wez AWAY Dealership ..... _ . Dam...... Chassis Frei hgitiner M2-106 Cummins L9 Alln_RDS Transm„iss„ion 56 000 qyW Body Dura -Pack DP 5000 25yd Rear Loader Standard Options Clutch -shirt PTO with remote mount vane pump — fast cycle Dual hopper work lights LED body side backing assist lights Multi -function LED strobes LH buzzer kit Valve, plumbing and handles for future dual cart tippers 3rd Eye backup camera system HD contractor package Body front head splash guard Side door interlock kit 20 Ib. fire extinguisher Dual broom & shovel brackets Mud flaps Fender extension kit Options; Bayne Duel Cart Tipper ( 2) $13,556.00 Paint Cab and Body City of Boynton Beach Blue $8,000.00 (A1 Paint & Body) Total Body and Chassis Price without Options $258,625.00 ** Price does not include Delivery, Tax, FET** THANK YOU FOR THE OPPORTUNITY TO QUOTE! If you have any questions concerning this quotation, please feel free to contact us. Mickey Chavez Sunbelt Waste Equipment 2201 NW 22nd St Pompano Beach FL 33069 Cell 561-441-3174 571 7.0 GovermentJobs.com d/b/a NEOGOV Purchase Order Increase. Requested Action: Approve an increase to the GovermentJobs.com d/b/a NEOGOV for a total amount not to exceed $131,000 for the City's HR Software which supports the organization through the entire employee lifecycle, automating applicant tracking, onboarding, training, performance, form and policy management, and a Govern mentJobs.com subscription. Explanation of Request: The Commission approved resolution R12-051 on June 19, 2012 between the City and GovernmentJobs.com, Inc. d/b/a NEOGOV for Insight, and Online Hiring Center (OHC) a Recruitment Software, and Applicant Tracking Software. The Human Resources Department has expanded the use of NEOGOV to include the following modules over the past several years: Learn - Centralized training portal for employees to complete online training courses. eForms - Employees complete forms relating to their Health Savings Account (HSA), Direct Deposit, W4, or Employee Activity Reports. Insight - applicant tracking solution, designed exclusively for the public sector Attract - Attract is a candidate relationship manager (CRM), helping you build stronger connections and recruit top talent for the public sector Govern mentJobs.com Subscription - Posts all City Jobs on Govern mentJobs.com website. Policy Management - Create, track, revise, and publish employee policies. Onboard - Introduces new employees to City policies, and procedures. Perform - Evaluates and develops current employees. Candidate Text Messaging - Allows HR to send applicants updates via text message. Human Resources is requesting an increase to the annual expenditure not to exceed $131,000 in order to have the necessary funds to process pending invoices and to provide sufficient amount to cover expenses in the future. 572 How will this affect city programs or services? NEOGOV's HR suite empowers public sector HR to streamline processes in a centralized platform. Fiscal Impact: Funds are budget for this increase in the Human Resources budget. Attachments: Neogov Quote R12-051 573 NEOGOVI".3i, ��vrjd% �� 1�,, NEOGOV ORDER FORM NEOGOV: Customer Name & Address: Boynton Beach, City of (FL) GovernmentJobs.com, INC. (dba "NEOGOV") 100 E. Boynton Beach Blvd. 2120 Park Place, Suite 100 Boynton Beach, FL 33425 EI Segundo, CA 90245 Quote Creation Date: 1 08/29/2023 Contact I Belkis Abaroa ._...ay a tion . ..... �a . baroab@bbfl us Quote Expiration Date 30 days from Quote Creation Contact Email a e , Paymen11 t Terms Annual. Net 30 from NEOGOV invoice FTE Subscription Start Date: 03/22/2023 Subscription Term (months): 19 Service Description Learn Subscript! LE),, , E„ -Forms Subscription (EF) Ins9ht,Enterpnse Subscnotion,IN Governmentlobs,com IN PowerPolc Term Fees X15 083 00 16H698 67 "01,5,352,00, x'2,973.00 $1744000_ mm Oand date Te3 -0/2 xt Messao _ 10/23/20212/202 C 13,483.13 10115/2023 - 4 $ $921.48 Total: $130,925.28 A. Terms and Conditions 1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at °dkl� �y t��ah�,lF cwgww_�r�r erfas bls�r,g. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement. 2. Effectiveness & Modification. The Effective Date shall be the Subscription Start Date. This Order Form may not be modified or amended except through a written instrument signed by the parties. 3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non -cancelable and the sums paid nonrefundable, except as provided in the Agreement. 4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications. B. Special Conditions (if any). 1 574 Nrl G �� V ��f'rZW � ��imuumw 9�c�iuu WUIu.� IN WITNESS WHEREOF, this Order has been executed by such party's duly authorized signatory as of the date set forth below, and such duly authorized signatory consents to the Agreement. Customer Government"obs.com Inc. DBA "NEOGOv" Entity Name: Signature: Print Name: Date: 575 1 RESOLUTION NO. R12-051 4 A RESOLUTION OF THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A SERVICE AGREEMENT BETWEEN 7 THE CITY OF BOYNTON BEACH AND GOVERNMENTJOBS.COM, INC., D/B/A NEOGOV FOR APPLICANT TRACKING SOFTWARE; 101 AUTHORIZING THE INTERIM CITY MANAGER TO 11 EXECUTE THE AGREEMENT; AND PROVIDING AN 12 EFFECTIVE DATE. 13' 14! 151 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 161 recommendation of staff, deems it to be in the best interests of the City residents to enter 17 into a Service Agreement with GovernmentJobs.com, Inc., d/b/a NeoGov for Applicant i 18; Tracking Software. 19; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2q' THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2' Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2�1 being true and correct and are hereby made a specific part of this Resolution upon adoption i' 211 hereof. 24' Section 2. The City Commission of the City of Boynton Beach, Florida hereby 26' approves the Service Agreement between the City of Boynton Beach and 2611 GovernmentJobs.com, Inc., d/b/a NeoGov for Applicant Tracking Software. 27 Section 3. The Interim City Manager is authorized to execute the Service 2811 Agreement, a copy of which Agreement is attached hereto as Exhibit "A." II 29'' 30 Section 4. This Resolution shall become effective immediately upon passage. j PASSED AND ADOPTED this 19"' day of June, 2012. I j Document in Windows Internet Explorer 576 2 3 4 ,5 1� Q 1,1 i 114 14 14 ATTEST: Ja t M. Prainito, MMC * y Clerk 24 23 <� • .r Document in Windows Internet Explorer CITY OF BOYNTON BEACH, FLORIDA Ma ice Mayor — Mack �n2r — Willi ner — Marlene Ross ill Rla-OEI Service Agreement THIS ON-LINE SERVICES AGREEMENT (this "Agreement") is made and entered into this /2 day of J or 2012, by and between GovernmentJobs.com, Inc., a California corporation (d/b/a "NEOG V" ), and the City of Boynton Beach, FL a public entity acting by and through its duly appointed representative ("Customer"). 1. Provision of On-line Services. (a) Customer hereby engages NEOGOV, and NEOGOV hereby agrees (subject to the terms and conditions set forth herein), to provide the services (the "Services") more fully described in this Agreement and in Exhibit A (Order Form). Customer hereby acknowledges and agrees that NEOGOV's provision and performance of the Services is dependent and conditioned upon Customer's full performance of its duties, obligations and responsibilities hereunder. 2. Additional NEOGOV Responsibilities. In connection with the performance of this Agreement, NEOGOV shall be responsible for the following: (a) NEOGOV shall provide all required hosting and operations support for the applications provided through this agreement. (b) NEOGOV shall follow those support, maintenance and other procedures and shall provide those support, maintenance and other services to Customer more fully described in this Agreement. 3. Customer Responsibilities. In connection with the performance of this Agreement and the provision of the Services, Customer shall be responsible for the following: (a) NEOGOV's logos, including the "powered by" logo, may appear on the "employment opportunities", "job description" and other pages of Customer's web site. (b) Customer shall be responsible for ensuring that Customer's use of the Services and the performance of Customer's other obligations hereunder comply with all laws applicable to Customer. (c) Customer shall be responsible, as between NEOGOV and Customer, for the accuracy and completeness of all records and databases provided by Customer in connection with this Agreement for use on NEOGOV's system. 4. Ownership, Protection and Security. (a) The parties agree that the NEOGOV marks and the Customer marks shall both be displayed on and through NEOGOV's system(s). (b) Ownership of any graphics, text, data or other information or content materials and all records and databases supplied or furnished by Customer hereunder for incorporation into or delivery through the application(s) described in this agreement shall remain with Customer, and NEOGOV shall cease use of all such material upon termination of this Agreement. (c) Customer acknowledges and agrees that nothing in this Agreement or any other agreement grants Customer any licenses or other rights with respect to NEOGOV's software system (source code or object code) other than the right to receive Services as expressly provided herein. NEOGOV shall retain all ownership in the intellectual property and all other proprietary rights and interests associated with NEOGOV's software system and Services and all components thereof and associated documentation, except as expressly provided herein (d) NEOGOV grants to Customer a limited license during the term of this Agreement to use and reproduce NEOGOV Proprietary and Confidential Page 1 of 8 578 NEOGOV's trademarks and logos for purposes of including such trademarks and logos in advertising and publicity materials and links solely as permitted hereunder. All uses of such trademarks and logos shall conform to Customer's standard guidelines and requirements for use of such trademarks and logos. 5. NEOGOV Representations and Warranties. (a) Service Performance Warranty NEOGOV warrants that it will perform the Services in a manner consistent with industry standards reasonably applicable to the performance thereof. (b) No Other Warranty EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY SECURE. (c) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 6. Publicity. Following execution of this Agreement, the parties hereto may issue a press release, the form and substance of which shall be mutually agreeable to the parties, announcing the relationship created by this Agreement Except as expressly contemplated herein, neither party shall issue any additional press release which mentions the other party or the transactions contemplated by this Agreement without the prior consent of the other party, which consent shall not be unreasonably withheld 7. Nondisclosure. Through exercise of each party's rights under this Agreement, each party may be exposed to the other party's technical, financial, business, marketing, planning, and other information and data, in written, oral, electronic, magnetic, photographic and/or other forms, including but not limited to (i) oral and written communications of one party with the officers and staff of the other party which are marked or identified as confidential or secret or similarly marked or identified and (it) other communications which a reasonable person would recognize from the surrounding facts and circumstances to be confidential or secret ("Confidential Information") and trade secrets In recognition of the other party's need to protect its legitimate business interests, each party hereby covenants and agrees that it shall regard and treat each item of information or data constituting a trade secret or Confidential Information of the other party as strictly confidential and wholly owned by such other party and that it will not, without the express prior written consent of the other party or except as required by law including the Public Records Act of the State of FLORIDA, redistribute, market, publish, disclose or divulge to any other person, firm or entity, or use or modify for use, directly or indirectly in any way for any person or entity: (i) any of the other party's Confidential Information during the term of this Agreement and for a period of three (3) years after the termination of this Agreement or, if later, from the last date Services (including any warranty work) are performed by the disclosing party hereunder; and (ii) any of the other party's trade secrets at any time during which such information shall constitute a trade secret under applicable law. NEOGOV Proprietary and Confidential Page 2 of 8 8. Liability Limitations. (a) If promptly notified in writing of any action brought against Customer based on a claim that NEOGOV's Services infringe a United States patent, copyright or trademark right of a third party (except to the extent such claim or infringement relates to any third party software incorporated into NEOGOV's applications), NEOGOV will defend such action at its expense and will pay any and all fees, costs or damages that may be finally awarded in such action or any settlement resulting from such action (provided that Customer shall permit NEOGOV to control the defense of such action and shall not make any compromise, admission of liability or settlement or take any other action impairing the defense of such claim without NEOGOV's prior written approval). (b) Customer acknowledges and agrees- (i) that NEOGOV has no proprietary, financial, or other interest in the goods or services that may be described in or offered through Customer's web site; and (ii) that except with respect to any material supplied by NEOGOV, Customer is solely responsible (as between NEOGOV and Customer) for the content, quality, performance, and all other aspects of the goods or services and the information or other content contained in or provided through Customer's web site. (c) OTHER THAN THOSE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, NEOGOV DOES NOT MAKE ANY WARRANTIES TO CUSTOMER OR ANY OTHER PERSON OR ENTITY, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. NEOGOV SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY OTHER PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT WHATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE. (d) Under no circumstances shall NEOGOV's total liability to Customer or any other person, regardless of the nature of the claim or form of action (whether arising in contract, tort, strict liability or otherwise), exceed the aggregate amount of fees and revenue received by NEOGOV hereunder for the prior twelve (12) month period; provided, however that the foregoing limitations set forth in this Section 8(d) shall not apply to actions brought under 8(a) above or to any injury to persons or damages to property arising out of NEOGOV's gross negligence or willful, gross misconduct. 9. Term and Termination. (a) This Agreement shall commence as of the date hereof and remain in effect for twelve (12) months unless terminated by either party as set forth herein ("Initial Term"). (b) This Agreement may be renewed for additional terms ("Renewal Term") equal in duration to the initial Term provided Customer notifies NEOGOV at least thirty (30) days prior to the end of the Initial Term or a Renewal Term (c) NEOGOV reserves the right to terminate this Agreement immediately if the Services provided hereunder become illegal or contrary to any applicable law, rule, regulation or public policy. Each party shall have the right to terminate this Agreement upon sixty (60) days prior written notice to the other parry. (d) Within sixty (60) days of notification of termination of this Agreement, NEOGOV shall provide Customer with a dedicated data files suitable for importation into commercially available database software (e.g., MS -Access or MS -SQL) The dedicated data files will be comprised of Customer's data contained in NEOGOV's system. The structure of the relational database will be specific to the Customer's data and will not be representative of the proprietary NEOGOV database 10. Payments. (a) Initial Term. See Exhibit A (Order Form). NEOGOV Proprietary and Confidential Page 3 of 8 580 (b) Renewal Term(s). For each Renewal Term, NEOGOV will continue to provide Customer with the Services, and will provide maintenance and support services as described herein, provided Customer issues a purchase order or modification to this Agreement and pays NEOGOV in advance the annual recurring charges then in effect. If there is an increase in annual maintenance and support charges, NEOGOV shall give Customer written notice of such increase at least thirty (30) days prior to the expiration of the applicable term. 11. Force Maieure. NEOGOV shall not be liable for any damages, costs, expenses or other consequences incurred by Customer or by any other person or entity as a result of delay in or inability to deliver any Services due to circumstances or events beyond NEOGOV's reasonable control, including, without limitation: (i) acts of God; (ii) changes in or in the interpretation of any law, rule, regulation or ordinance; (iii) strikes, lockouts or other labor problems; (iv) transportation delays; (v) unavailability of supplies or materials; (vi) fire or explosion; (vii) riot, military action or usurped power; or (viii) actions or failures to act on the part of a governmental authority. 12. Piggyback Clause. It is understood and agreed by Customer and NEOGOV that any governmental entity may purchase the services specified herein in accordance with the prices, terms, and conditions of this agreement. It is also understood and agreed that each local entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the new governmental entity and NEOGOV. It is also hereby mutually understood and agreed that Customer is not a legally bound party to any contractual agreement made between NEOGOV and any entity other than Customer. 13. Miscellaneous. Either party may not assign its rights or obligations under this Agreement without the prior written consent of the other party. This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the party to be bound. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and shall be governed by and construed in accordance with the laws of the State of FLORIDA, without giving effect to conflict of law rules. Customer acknowledges and agrees that this Agreement is not intended to be and shall not be construed to be a franchise or business opportunity. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date set forth above. Customer Signature: Print Name: Loo. i LA V Gf rienrc_ Title. C;4!!, ML'PLA— GovernmentJobs.com, Inc., a California corp tion "J y Signature: Print Name: Scott Letourneau Title: President Date- 61?16 /zo! L NEOGOV Proprietary and Confidential Page 4 of 8 581 Order Form EXHIBIT A — ORDER FORM Rill Tn- N EOG OV _' LUJIuIIICC- "- --" Attention To: Juile Oldbury Address: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 AGENCY NAME: City of Boynton Beach, FL Phone: (561) 742-6277 Email: oldburyj@bbfl.us Quote Date: 6/18/2012 Revision: Valid From: 6/18/2012 Valid To: 6/30/2012 Order Number: Re uested Service Date: TBD Initial Term: 12 Months Order Summary More detailed descriptions of the services are contained in the order detail for each service which are incorporated herein and made a part hereof by this reference. 2Promotional pricing is applied to this agreement if it is signed executed and returned before June 30`h, 2012 NEOGOV Proprietary and Confidential Page 5 of 8 582 1.0 Insight Enterprise Edition Subscription License � 1.1 $8,500.00 12 Provisioning $2,500.00 Training 1.3 WAIVED �;80�00 Sub Total: $8 500.00 �5:00&00 $2,500.00 A -i WL gig More detailed descriptions of the services are contained in the order detail for each service which are incorporated herein and made a part hereof by this reference. 2Promotional pricing is applied to this agreement if it is signed executed and returned before June 30`h, 2012 NEOGOV Proprietary and Confidential Page 5 of 8 582 Order Form N EOGOV .M Order Detail 1.0 Insight Enterprise Edition 1.1 License Subscription The Customer's subscription to the Insight Hiring Management Software includes the following functionality, Recruitment • Customized online job application • Accept fob applications online • Online applications integration with current agency website • Online job announcements and descriptions • Automatic online job interest cards • Proactively search your applicant database • Real-time database of all applicant information • Recruitment and examination planning Selection • Create, store, and reuse supplemental questions in the Insight item bank • Screen applicants automatically as they apply • Define unique scoring plans per recruitment, or copy existing scoring plans • Test Item bank (optional in TMS) • Conduct item analysis • Test processing (automatically input Scantron test data sheets)* • Test analysis and pass -point setting • Score, rank, and refer applicants Applicant Tracking • Email and hardcopy notifications • EEO Data collection and reports • Track applicants by step/hurdle • Schedule written, oral, and other exams • Detailed applicant history record • Skills tracking and matching Reporting and Analysis • Collect and report on EEO data • Analyze and report on adverse impact and applicant flow • Track and analyze data such as time -to -hire, recruitment costs, staff workload, applicant quality, etc • Over 80 standard system reports • Ad Hoc reporting tool HR Automation • Create and route job requisitions • Refer and certify applicants electronically • Scan paper application materials * Cost of the scanner is not included unless listed on Exhibit A — ORDER FORM * Requires a Scantron or similar Optical Mark Reader (OMR) scanner, special forms, form set-up, and scanner software, which are not included unless listed on Exhibit A — ORDER FORM NEOGOV Proprietary and Confidential Page 6 of 8 583 Order Form NEOGOV Additionally, during the term of the subscription, the Customer will be provided Unlimited Customer Support (6:00 AM — 6:00 PM PT) Customer Support shall be provided to the Customer both on-line and by telephone Monday — Friday, 6:00 AM — 6.00 PM PT (excluding NEOGOV holidays) Product Upgrades to Licensed Software Customer shall receive all product upgrades to purchased package Product upgrades are automatic and available upon the next login following a product upgrade rollout Product upgrade rollouts are generally released every three months. 1.2 Provisioning The following activities are conducted as part of the Insight Enterprise implementation • Conduct a project kick off meeting to review the project timeline, deliverables, and establish project expectations • NEOGOV will establish an Agency -specific training environment that will be used during training and post -training to allow the Agency to learn the system and begin defining new roles, responsibilities, and activities within the HR staff • NEOGOV will conduct eight hours of on line instructor led training. NEOGOV will provide all required user exercises and user guides to the Agency. • Once the core user community is comfortable with the system (typically within 10 hours of hands-on use) they will train the remaining HR staff to complete their tasks using Insight • Between the training and go -live, NEOGOV will complete the following activities. o Creating an agency -specific training environment which is used by your agency during training and afterwards to train in prior to moving into production o Configure printable fob bulletin o Integrate your new production fob opportunities, promotional opportunities, and class specifications web pages into your existing agency website o Establish the Agency's Insight Enterprise production environment 1.3 Training NEOGOV will deliver training to Agency recruiters. We will provide all required user exercises and user guides to the Agency. Following the training, your agency will have full access to the training environment. Additionally, your agency has full access to our Customer Support Help Desk during the training to help new users fully utilize Insight Our existing customers find that this unique implementation approach enables their users to become familiar with Insight in a safe environment, promoting system use and leading to a more successful rollout. NEOGOV Proprietary and Confidential Page 7 of 8 584 Order Form NEOGOV" Order Form Terms and Conditions: (1) The Customer hereby orders and GovernmentJobs com, Inc. (d/b/a NEOGOV hereafter "NEOGOV") agrees to provide the services described in this Order Form. THE SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THIS ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE CUSTOMER. (2) The Customer agrees that the payment schedule is as follows: Provide all required software and Licenses • One hundred percent (100%) of the annual license price is payable within thirty (30) days of execution of this Order Form and Service Agreement. ($8,500.00) Software Provisioning for first half of Insight Enterprise • One hundred percent (100%) of the non-recurring costs are to be paid to NEOGOV within thirty (30) days of the execution of this Order Form and Service Agreement. ($2,500.00) Completion of Training • One hundred percent (100%) of the training price is payable within thirty (30) days of completion of training. (WAIVED) (3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been signed by authorized representatives of both parties. (4) Changes or alterations to this Order Form will not be accepted. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT BETWEEN THE CUSTOMER AND NEOGOV DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS ENTIRETY YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS Customer NEOGOV Signature. .O,w�-c-`._ Signature: Print Name' Lori LaVerriere Print Name Title: Interim City Manager Tale: Date- Date NEOGOV Proprietary and Confidential Scott Letourneau President 6�� v Page 8 of 8 585 The City of Boynton Beach July 17, 2012 Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 GovernmentJobs.com, Inc. d/b/a NEOGOV 222 N. Sepulveda Blvd., Suite 200 El Segundo, CA 90245 ATTN: Mr Scott Letourneau, President RE: AGREEMENT BETWEEN NEOGOV AND THE CITY OF BOYNTON BEACH Dear Ms Letourneau* Enclosed is the fully executed Service Agreement for Applicant Tracking Software between the City of Boynton Beach and GovernmentJobs com, Inc d/b/a NEOGOV for your files. If you have any questions, please do not hesitate to contact me at 742-6310. Sincerely, Tim W. Howard Deputy Director of Financial Services encl: Original Signed Agreement, Resolution No. R12-051 c: Julie Oldbury, Director of Human Resources w/encl. Central File File AMERICA'S GATEWAYTO TIIE GULFSTREAM 586 7.D Bid Extensions and Piggy -Back Over $100,000. Requested Action: Approve the one-year extension for RFPs/RFQs/Bids and/or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for October 17, 2023 - "Request for Extensions and/or Piggy -backs." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). DESCRIPTION SOLICITATION VENDOR(S) OF NUMBER RENEWAL TERM AMOUNT SOLICITATION Annual Estimated UNUM Life Group Short Term City of Boynton October 1, 2023 — Expenditure Insurance and Long Term Beach Two -Party September 30, Company of Disability Agreement 2024 America (UNUM) Insurance $300,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under the line items as noted on the attached report. Attachments: 587 $100K over REQUEST FOR BID EXTENSIONS October 17 2023 Report Renewal Interest Letter - UNUM Short -Long Term Disability Insurance - 2023-2024 SIGNED UNUM Short _Long Term Disability R22-114 - Executed 8/16/2022 588 REQUESTING DEPARTMENT: Human Resources DEPARTMENT CONTACT: Rebekah Harvard TERM: October 1, 2023 to September 30, 2024 SOURCE FOR PURCHASE: Two -Party Agreement: Group Long Term and Short Term Disability Insurance ACCOUNT NUMBER: Various VENDOR(S): UNUM Life Insurance Company of America (UNUM) ANNUAL ESTIMATE: $300,000 DESCRIPTION: On August 16, 2022 by Resolution R22-114, Commission approved and authorized the City Manager to sign the Agreement for the employee group long term disability and short term disability with UNUM Life Insurance Company of America (UNUM). The Agreement was for an initial one (1) year which may be extend for three (3) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that the renewal will be in the best interest of the City. Approve the 1St renewal for a one-year term October 1, 2023 through September 30, 2024. rNIL I fie City Of Boynton"Bley ch September 13, 2023 F-1WO 4 4 1114,411 a-in"W2 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 SHORT TERM DISABILITY AND LONG TERM DISABILITY INSURANCE Agreement between the City of Boynton Beach and UNUM LIFE INSURANCE COMPANY OF AMERICA. AGREEMENT RENEWAL TERM: October 1, 2023- September 30,2024 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term, No, I do not wish to renew the bid for the following reason(s) UNUM LIFE INSURANCE COMPANY OF AMERICA NAME OF COMPANY of\6f -cc& �u NAME OF REPRESENTATIVE (please print) YZ DATE E -MAI L LAI) SIGNATURE UXX - TITLE Ij 0 ,6 � ._; - -7 3 (AREA CODE) TELEPHONE NUMBER 590 America's Gateway to the Gulf Stream am IV OCTOBER 1, 2022 THROUGH SEPTEMBER 30i, 20213; AUTHORIZING THE INTERIM CITY MANAGER TO SIGN THE PROVIDER AGREEMENT AND PROVIDING AN' EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of City employees to approve a provider, greement with Unum for the Short Term Disability and Long Term Disability Insurance plan for a term 17 commencing October 1, 2022 to September 30, 2023, for City emiployees, 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE, CITY OF 20 Section 1. The foregoing "Whereas"' clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof, 23 Se�n 2, The City Commission of the City of Boynton, Beach, Florida does hereby 24 approve an Agreement with Unum for the Short Term Disability and Long Term Disability 25 Insurance plan for City employees for a term commencing October 1, 2022 to September 30, Iii III IMIN 11 IIINIF 11111111 mzm� 27 Section 3. The Interim City Manager is aiuthorized to M�ffik MAMMA in, .1..... S:'%CA\R ESUAgrevnent,011num Long Term Disability Insur-wice 2022-2023 - Rerm Doex 591 IE 30 Section 4, That this Resolution shall become effective immediately upon passage. 31 PASSED AND, ADOPTED this t�111-11clay of August, 2022, 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 36 37 Mayor - Ty Penserga 38 39 Vice Mayor - Angela Cruz 40, 41 Commissioner - Woodrow L. Hay 42 43 Commissioner - Thomas Turpin 44 45 Commissioner - Aimee Kelley 46 47 48 49 50 51 ATT P.5 53�1" 54 Mayleee ds, MPA, C 55 kk 56 57 0 N 58 (Corporate Seal) 59 60 61 % 62 63 3M YES NO Miclhaell D. Cerullo, Jr. City Attorney -2— S:�C,A�,Rl�'IS(Y,,Agrecunens\.nuTii Un '"fart Disability Insurance 2022-2023 .. Rcso.Docx 592 SUBJECT TO REVISIONS PRIOR TO SIGNING., 11111 M -110119M., I'm- ir:aliiml4iii UIA Me 01, '.WROJECT DESIGNATION. The PROVIDER is retained: by the City to provide Short Term Visability and Long Term Disability Insurance, 2. SCOPE OF SERVICES. PROVIDER agrees, to perform the services at the rates, attach hereto as ExhlibK A. I MINIM EWE= I 5, PAYMENT, The City will pay the PROVIDER, the fees as set forth in Exhibit A, which attached hereto and made a paeof. These fees will be paid by the City for completed work and for services, rendered under this agreement as follows, 2. Payment for the work provided by PROVIDER shall be made promptly on all invoice2o submitted to the City piroperly, provided that the total amount of payment to PROVIDER shall not exceed the total contract price without express written modification of the Agreement signed by, the City Manager or her designee. The PROVIDER may submit invoices to the City once per month during the progress e* the work for partial payment for project completed to date. Such invoices will be reviewed I y the City, and upon approval thereof, payment will be made to the PROVIDER in! the amount approved. c, Final payment of any balance due the PROVIDER 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 materials, suppliles, equipment and incidentals necessary to complete the work. =110 �Uw- I MUM a 1-010 11 01;_� -" I 1A 11 L=11 f-.141WRK431 S I i I Ems - -Fil 593 era W. 11. COVENANT AGAINST CONTINGENT FEES. The PROVIDER warrants that he has, not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER, to solicit or secure this contract, and that he has not paid or agreed to pay any company or pierson, other than a bona fide employee working solely for the PROVIDER, any fee, commission, percentaige, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract, For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commlission, percentage, brokerage fee, gift, or contingent fee, 12, DISCRIMINATION PROHIBITED, The PROVIDER, with regard to the work performed NI. 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 PROVIDER shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14NOIN-WAIVER. Waiver by the City of any provision of this Agreement or any time Irmitation proviIded for in this Agreement shaill not constitute a waiver of any other prov'ilsioni. 15. TERMINATION. 11111ra IUMMI i(Al I mill [PHIM 5111 M 1'6. DISP1TES. Any disputes that arise between the parties with respect to the performance of thiis Agreement, which cannot be resolved through negotiationisi, shall be submitted to a court of competent jurisdiction in Palm Beach Couniity, Florida. This Agreement shall be construed under Florida Law. '111 01111111 101 i�i !!I I 1 ;1111 � I illill 111!�111 iii I �ll,�llil Pill q 11 411, iiiii 'III I I III MM= James Stables, Interim City Manager City, of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-03101 UNUM LIFE INSURANCE COMPANY OF AMERICA 595 I Ft Lauderdale, +w, • �► M i � • • � - it � � �, r . . . N. - r . • r • 7. IF THE CONTRACTOR QUESTIONS REGARDING FLORIDAAPPLICATION OF CHAPTER 119, , DUTY TO PROVIDE RELATING 4! CONTACT PUBLIC MAYLEE DE JESUS, CITY CLER P,N BOX 31 Oi BiOiYNTON BEACH, FLORIDA 33425-0310 PYLEJ@. . .. 20. SCRUTINIZED COMPANIES Is a 596 21, E-Teirify. COMPANY certifies that it is aware of'andcomplies with the requirements •of I Sectl� 448.095, Florida Statues, as may be amended from time to time and briefly described here below. MEM=MM I � I E-1.14 "Contractor" means a person or entity that has entered or is attempting to enter into a contract Wth a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is noed to, a vendor or I consultant. "Subcontractor" means a person or entity that provides labor, supiplies, or services to or for a contractor or another subcontractor in exchangie for sala�ry,, wagesi, or other remuneration. iii. "IE-Terify system" means an Internet -based system operated by the Initel' States Department of Homeland! Security, that allows participatinilt, employers to electronically verify the employment eligibility of newly hire4- employees. lb. Registration fteulirement. Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 202i Contractors shall register with and use the E -verify system in order to verify t, : work authorization status of all newly hired employees. Contractor shall regist t for and utilize the U.S. Department of Homeland Security's, E -Verify System 0 verify the employment eligibility of: I L All persons employed by a Conitractorto perform employment duties withir Florida during the term of the contract; All persons (including subvendors / subconsultanits/ subcontractorm assigned by Contractor to perform work pursuant to the contract with t City of Boynton Beach. The Contractor acknowledges and agrees th I registration and use of theDepartment of Homeiland Security's Verify System during the term of the contract is a condition of the contra with the City of Boeachi; and 11 597 irimlITAFF.M.1no is 1: fill IFZ14 As ktj 0 1, :1 " I'Ll I 14 2 k Wel il, F-3 4 WA R4 A d :1 W-Aii!] 598 111117IFTAINg 6. 0 'S I I CA Lola i-110 YA to] T 1.1 W.'Ters, OF AMERICA bles, Interim City Manager Signature of Authioriized Official n ,8ta Ire=Iimnzlmm U -me Title OTO/V 4. orporate S,eal 1 I) Marl ee �ie44, us, City Clerk qqRO' Approved as to Form,/ eest/Authenticated: Michael Trull r, City Attorney Pill 599 «` "" • .; ATTACHED renewalY'ou�r 2022 Unum, 600 W. - 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. 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Mint Eco Wash Conditional Use (COUS 23-001) and New Major Site Plan (NWSP 23-001). Requested Action: Approve request for Conditional Use and New Major Site Plan (COUS 23-001 / NWSP 23-001) for Mint Eco Wash, to allow a new 4,414 square foot car wash, covered detail/ working areas, covered vacuum areas, and associated site improvements, on a a 1.37 acre parcel, located at 2250 W. Woolbright Road, in the C3 (Community Commercial) zoning district. Applicant: Josh Nichols, Schmidt Nichols. Explanation of Request: The proposed development consists of a new car wash facility proposed on a 1.37 -acre commercial parcel located west of 1-95 and abutting W. Woolbright Road. The subject property is currently developed with single -story building that is currently vacant, and was previously occupied by a bank. The building has a drive through facility that is visible from W. Woolbright Road, and a large parking lot at the rear of the property (south side). The applicant is requesting approval of the subject Conditional Use and New Major Site Plan (COUS 23-001 / NWSP 23-001) proposing to demolish the existing structures in order to construct a new car wash facility. The proposed development will include a 4,414 square foot car wash building with a single tunnel, covered working/detailing spaces, covered vacuum spaces, required parking, and associated site improvements (i.e. landscaping, drainage, lighting). The Land Development Regulations require Conditional Use Approval for all new car wash facilities within city limits. The applicant has submitted applications for Conditional Use and New Major Site Plan (COUS 20-001 / MSPM 20-002), which are being processed concurrently and have been reviewed against the applicable review criteria. How will this affect city programs or services? N/A Fiscal Impact: No fiscal impacts are anticipated. 601 Attachments: Staff Report.pdf Exhibit A - Location Map Exhibit B - Justification Statement Exhibit C - Conditions of Approval Exhibit D - Plans Development Order Public Notice Affidavit Applicant Presentation Staff Presentation 602 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-027 STAFF REPORT TO: Mayor Ty Penserga Members of the City Commission THRU: Amanda B. Radigan, AICP '4s Planning and Zoning Director FROM: Luis Bencosme, Senior Planner DATE: September 12, 2023 PROJECT: Mint Eco Wash COOS 23-001 & NWSP 23-001 REQEST: Approve request for Conditional Use (COOS 23-001) and New Major Site Plan (NWSP 23-001) for Mint Eco Wash to allow a new 4,414 square foot car wash building, covered detail areas, covered vacuum areas, and associated site improvements, on a 1.37 acre parcel, located at 2250 W. Woolbright Road, in the C3 (Community Commercial) zoning district. Applicant: Josh Nichols, Schmidt Nichols Acreage: 1.37 a.c. 603 PROJECT DESCRIPTION Property Owner: 2250 Woolbright OPCO LLC Applicant: Josh Nichols Location: 2250 West Woolbright Road Existing Land Use: LRC (Local Retail Commercial) Proposed Land Use: LRC (Local Retail Commercial) Existing Zoning: C-3 (Community Commercial) Proposed Zoning: C-3 (Community Commercial) Proposed Use: Automated Car Wash (Polishing, Waxing, Detailing) Acreage: 1.37 a.c. 603 Page 2 Mint Eco Wash (COOS 23-001 & NWSP 23-001) Adjacent Uses: Right-of-way of W. Woolbright Road; further north developed commercial properties classified as LRC (Local Retail Commercial) and OC (Office Commercial) and zoned C3 (Community North: Commercial) and C1 (Office Commercial) Parking lot for multi -tenant commercial property classified as LRC (Local Retail Commercial) and zoned C-3 (Community Commercial), developed multifamily residential properties classified MEDR (Medium Density Residential) and zoned R-3 (Planned Unit South: Development) Developed commercial properties classified as LRC (Local Retail East: Commercial) and zoned C3 (Community Commercial) Developed commercial properties classified as LRC (Local Retail Commercial) and zoned PCD (Planned Commercial Development) West: and C-3 (Community Commercial) 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 has been posted and notices were mailed in accordance with Ordinance No. 04-007 and 05-004. BACKGROUND The proposed development consists of a new car wash facility proposed on a 1.37 -acre commercial parcel located west of 1-95 and abutting W. Woolbright Road. The subject property is currently developed with single -story building that is currently vacant, and was previously occupied by a bank. The building has a drive through facility that is visible from W. Woolbright Road, and a large parking lot at the rear of the property (south side). The applicant is requesting approval of the subject Conditional Use and New Major Site Plan (COOS 23-001 / NWSP 23-001) proposing to demolish the existing structures in order to construct a new car wash facility. The proposed development will include a 4,414 square foot car wash building with a single tunnel, covered working/detailing spaces, covered vacuum spaces, required parking, and associated site improvements (i.e. landscaping, drainage, lighting). The Land Development Regulations require Conditional Use Approval for all new car wash facilities within city limits. The applicant has submitted applications for Conditional Use and New Major Site Plan (COOS 20-001 / MSPM 20-002), which are being processed concurrently and have been reviewed against the applicable review criteria. 2 604 Page 3 Mint Eco Wash (COOS 23-001 & NWSP 23-001) ANALYSIS Ch. 3 Art. IV. Sec. 4.C. of the Land Development Regulations (LDRs) contains the following standards to evaluate the Conditional Use application. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit "B" — Justification Statement). The City Commission shall consider only such conditional uses as authorized under the terms of the LDR's. Conditional uses may be granted as proposed or with conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or be denied when not in harmony with the intent and purpose of the Conditional Use applicaiton. In evaluating the application, the Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: a. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. According to the proposed site plan, the project will include a single point of ingress/egress connecting to W. Woolbright Road. The proposed driveway is the only point of access to the car wah facility. The Engineering Division found the proposed driveway to meet the City's Engineering Standards; however, the applicant is required to obtain and submit copies of all applicable permits from outside agencies, such as the Florida Departmnet of Transportation (see Exhibit "C" — Conditions of Approval). The project proposes well-defined vehicular circulation and pedestrian facilities. In case of a fire or catastrophy, the emergency vehicles will be able to access the site, as determined by the City's Fire Department. The proposed drive isles are of sufficient width to allow the fire truck to enter and exit the site efficiently. Additinally, the wide sidewalks, walkways, and crosswalks will provide free, easy and safe pedestrian movement. A five (5) -foot wide sidewalk, consisting of decorative pavers, will provide access to the proposed courtyard and car wash building from the existing seven (7) -foot wide sidewalk along W. Woolbright Road. b. Off-street parking and loading areas where required, with particular attention to the items in standard #1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The minimum required number of parking spaces for a car wash facility is calculated at 4 parking spaces per tunnel, plus one (1) space per two hundred fifty (250) square feet of full- service detailing, washing, and waxing areas. The new car wash will include a single tunnel and 3,293 square feet of detail/working area — large enough to accommodate a total of nine (9) vehicles at any given time. Therefore, the project is required to provide 18 parking spaces, including one (1) accessible parking space. The Site Plan (sheet PSP -1) includes a total of 25 parking spaces — including the parking spaces containing vacuums — which exceed the City's Minimum Off -Street Parking Requirements (Chapter 4, Article V, Section 3 of LDRs). Safe and convenient access is provided to patrons utilizing the accessible parking space as it has been located near the front entrance of the car wash building, and near the courtyard. 605 Page 4 Mint Eco Wash (COOS 23-001 & NWSP 23-001) Negative effects caused by glare, noise and odor will not be created by the proposed parking lot since the parking spaces and vehicular use areas will be screened by the proposed landscape buffers surounding the subject property. In addition, the parking lot will be screened with a perimeter wall and dense vegetation (hedge and canopy trees) along the south property line, as an additional measure to prevent any negative impact (i.e. sound and light spillage) to the neighboring properties. Furthermore, the site plan includes the required loading zone, which does not appear to be in conflict with the drive isle, and should allow for efficient and effective vehicular circulation. c. Refuse and service areas, with particular reference to the items in standards a and b above. The plans depict the required dumpster enclosure, located in front of the loading zone. The architectural design of the enclosure consist of six (6) -foot tall concrete block walls, solid opaque doors and plantings. The Engineering Division has determined that the location and orientation of the enclosure will provide for efficient trash pick-up and will not disrupt the flow of traffic. d. Utilities, with reference to locations, availability, and compatibility. The Utilities Department has reviewed the project and confirmed that the City's water capacity is sufficient to provide the projected potable water requirements. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. e. Screening, buffering and landscaping, with reference to type, dimensions, and character. The main purpose of the City's landscape buffer requirements is to ensure compatibility of the proposed development with adjacent properties and to improve the appearance and character of the community by requiring quality plant material and ensuring appropriate placement. The landscape buffer type(s) applicable to a new development is dependent on the zoning districts, uses, densities, intensities, and building height(s) of the subject property and abutting and/or adjacent properties. The project is located adjacent to commercial retail and office uses currently zoned C-3 (Community Commercial) to east and west. The project provides the required landscape buffers along the interior side (east and west) property lines consisting of hedges, shrubs and trees, which exceed the requirements and provide the required screening. The project is required to provide a similar landscape buffer along the south property line; however, the applicant is exceeding the requirements by providing a wider (12 feet) landscape buffer. The 12 -foot buffer will consist of a six (6) -foot tall concrete wall on top of a two (2) -foot tall berm and landscaped with hedges on both sides of the wall and eight (8) canopy trees. The additional screening will ensure any impact of the development to the adjacent multi -family residential development to the south is mitigated to the maximum extent possible. The project also proposes a dense landscape strip along the right-of-way to meet the requirements. The landscape consists of hedges, shrubs, groundcovers, and several types of canopy trees. The LDRs do not allow overhead doors to be visible from the Right -of -Way; therefore, the proposed car wash overhead door is required to be fully screened from view of the right-of-way by the proposed plant material at the time of planting (see Exhibit "C" — Conditions of Approval). f. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, EI 606 Page 5 Mint Eco Wash (COOS 23-001 & NWSP 23-001) and compatibility and harmony with adjacent and nearby properties. The property currently has a non-comforming pole sign located near the northwest side of the property. The applicant is required to remove the pole sign (see Exhibit "C" — Conditions of Approval). The plans propose a single monument sign, which is to be located near the entry drive and is required to meet the City's Sign Code requirements at the time of permitting. Furthermore, the building elvations show a wall sign located above the building main entrance on the west facade, within the sign band area. The project plans include Lighting Layout Plan (sheet LDE-1) and Photometric Lighting Layout Plan (sheet LDE-2), which meet the City's Exterior Lighting Standards (Part III, Chapter 4, Article VII). The drawings indicate that the lighting levels do not exceed the maximun allowable lighting level (5.9 foot-candles). The project has been required to ensure the lighting fixtures do not illuminate any vertical or horizontal surface on adjacent properties at a level greater than 0.3 foot-candles. g. Required setbacks and other open spaces. General compatibility with adjacent properties, and other property in the zoning district. New buildings located on properties zoned C-3 (Community Commercial) are required to be setback at least twenty feet from the front and rear property lines. A building setback is not required for the interior side property lines; however, the proposed buildings would have to be setback at least 15 feet from one of the interior side property lines if rear access is not available from a public street or alley. The proposed plans fully meet and exceed the aformentioned setback requirements. It is important to note that the propsed front yard setback of the car wash building is approximately 193 feet, even though the LDRs requires a minimum front yard setback of 20 feet. This allows for proper vehicle stacking and the addiitonal vegetation needed to screen the business operations and car wash activities from the right-of-way. The project is not required to meet the City's Usable Open space requirement as it is a commercial use located on a property zoned C-3 (Community Commercial. However, the applicant is proposing a courtyard containing the required pedestrian amenities (benches and trash receptable) to provide patrons a waiting area. The required cover bike rack has been located on the south side of the car wash builing. h. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. According to the C-3 (Community Commercial) Building and Site Regulations, the maximunm allowable building height is 45 feet. According to the Elevations (A-1), the height of the proposed car wash building does not exceed the maxmiun allowable height required by the City's LDRs. The building elevation plans show that the building height will not exceed 30 feet, which meets code requirements and is compatible with adjacent and nearby properties, as well as the typical building height found on other properties within the C-3 (Community Commercial) zoning district. L Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed car wash use on adjacent and nearby properties, and the City as a whole, will be minimal, other than the enhanced condition of 607 Page 6 Mint Eco Wash (COOS 23-001 & NWSP 23-001) the property with the upgraded building and site features. Additionally, it provides a commercial service that will support and benefit the City's residents and visitors. j. Conformance to the standards and requirements, which apply to site plans, as set forth in Part III, Chapter 4. Site Plan Review, of the City's Land Development Regulations. The proposed site plan has been reviewed against the applicable Land Development Standards (Part III, Chapter 4). Staff has concluded that the proposed car wash, parking lot, accessory structures (i.e. canopies, dumpster enclosure, perimeter wall) and associated site improvements are satisfactory. However, the project is required to satisfy the Conditions of Approval (Exhibit C) at the time of permit. k. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part ll, Chapter 15, Section 15-8. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. The applicant is proposing to screen the site with dense landscape buffers comprised of trees and hedges around the property's perimeter that should be sufficient to prevent nuisances associated with car wash operations. With all conditions and staff recommendations contained herein, the proposed use is in compliance with the above -referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein and compliance with the applicable development regulations and review criteria, staff recommends APPROVAL of the proposed Conditional Use (COOS 23-001) and New Major Site Plan (NWSP 23-001) subject satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions required by the City Commission shall be documented accordingly in the Conditions of Approval document. rell 608 609 •""• I T l W ,/ LANDSCAPE ARCI--HTECTURE AND URBAN PLANNING Justification Statement Conditional Use Approval Request Major Site Plan Modification Formal Site Plan Approval Request Mint Eco Wash Woolbright City of Boynton Beach, Florida Original Submittal: January 20, 2023 Resubmittal: May 19, 2023 Resubmittal: July 28, 2023 Description of Request Schmidt Nichols ("Agent"), on behalf of the Applicant, 2250 West Woolbright OPCO, LLC, respectfully requests a Conditional Use approval and Major Site Plan Modification for the Mint Eco Wash Woolbright project in the City of Boynton Beach, Florida. The 1.37 -acre (59,803 s.f.) subject property (Property Control Number [PCN] 08-43-45-32-00-000-3060) is generally located on the south side of W. Woolbright Road, just east of S. Congress Avenue ("subject property"). The site is currently developed with a +/- 4,300 s.f. financial institution. Proposed site development consists of demolishing the existing improvements (former bank) and constructing two queuing lanes funneling into one car wash tunnel with the structure totaling 4,414 s.f. and a project build -out of 2026. Site access is proposed via a directional driveway connection to W Woolbright Road. The use requested, Auto/Car Wash Full -Service (Polishing, Waxing, Detailing), is a conditional use in the Community Commercial — C3 zoning district. The subject property supports a Future Land Use (FLU) designation of Local Retail Commercial (LRC) and is located within the Community Commercial (C3) Zoning District. Below is a chart of the surrounding property information: Auto/Car Wash Full -Service (Polishing, LRC C3 Waxing, Detailing) f.k.a Automatic Car Wash North LRC, OC C1, C3 Medical Office South LRC C3, R3 Office Building, Parking Lot, Townhouses East LRC C3 Office Building, Parking Lot West LRC PCD Retail 155 IN I Isig1k,r DrM,, Suk, 102, `r1V'eM P,iIrn llw,rr,lh, 1: 1 33401 � C 56 U)" 14 1 I www.si dsrndr ,')I in.r;orri 610 Mint Eco Wash Woolbright Justification Statement Page 2 of 10 Resubmittal: July 28, 2023 This application is specifically requesting the following: • Conditional Use & Major Site Plan Modification approval for the proposed 4,414 s.f. automatic car wash facility. Site Aerial JUSTIFICATION: The proposed automatic car wash is 4,414 s.f. During hours of operation, the greeter kiosk will be manned to maintain control on the inbound vehicles utilizing the car wash tunnel. In addition, the entrance and exit turning radii of the car wash tunnel has been designed to meet all required specifications for vehicular traffic flow to allow for the safe maneuvering of the vehicles in and out of the car wash tunnel. There are additional striped vehicular use areas provided to allow patrons to utilize the vacuums and other car wash amenities provided on the site should they want to further clean their vehicle. Additionally, please note that the only way customers can access the vacuum spaces is if they get their car washed. The self -serve vacuums are free to those who purchase a car wash. This facility also offers detailing and waxing services as well which are performed by on- site staff. Developing the site with an automatic car wash allows for an efficient use of land and provides flexibility in design to accommodate the surrounding City of Boynton Beach community. The applicant views this location as a transitional area of the City between the commercial uses along the W Woolbright Road corridor. The project takes cues from the modern development along the W Woolbright Road corridor, but adjusts it to have a more domestic character through the use of materials, textures, and commercial elements. Consistent architecture is included on all four sides of the proposed building. L.c, ") 1 N G Isr ;lr,w, Di'M�,, S uik, 102, `r1V'esr P,iIrn Rwsrr h, 1 1 33401 uuuuui .1 : 561 .68U)"141 ('XL '108 I f'': www.s IIsi dr ,,:fl inxorn 611 Mint Eco Wash Woolbright Justification Statement Page 3 of 10 Resubmittal: July 28, 2023 The proposed building is designed in a contemporary style with varied facades in order to be generally compatible with the structures along the W Woolbright Road corridor. The elevations are broken into several stepped planes that incorporate differences in height, materials and parapet configurations. A tower provides additional visual interest and identifies the building's main entrance. The site represents the ideal location for the development of the proposed automatic car wash as the proposed development is compatible and consistent with the existing character of the area (predominately commercial). The proposed development has been appropriately placed on the subject site to accommodate the development patterns of the existing commercial uses within the surrounding area. The proposed development mitigates adverse impacts and creates an appropriate transition in uses, creating compatibility and cohesion to the surrounding area. Based on the existing site constraints, the proposed use is the highest and best use for the applicant as well as the City. Employment Opportunities The proposed development will generate approximately 35-40 jobs (20-25 per shift) consisting of entry-level jobs to skilled jobs. The applicant will hire employees locally and will promote from within with competitive hourly rates and salaries. There will be a variety of job positions at this facility. Line -staff employees will make an average of $15-30/hour with tips and then will have an opportunity to be promoted to customer -service positions, who will make an average of $25-35/hour with commissions. Customer -service positions will have an opportunity to be promoted to assistant managers, who will make an average of $50-75k/year with bonuses, and assistant managers will have an opportunity to be promoted to general managers, who will make an average of $75k-$125k/year with bonuses. The internal promotion structure allows employees to become more entrepreneurial as they progress from each job position, while also growing with the company. Furthermore, the proposed development will provide local employees with a living wage that can assist in supporting families throughout the City of Boynton Beach. Site Design and Layout The proposed site is 1.37 acres in size and is surrounded on all sides by complementary commercial uses. To the north of the subject property is W Woolbright Road and across this roadway is a medical office use. To the west is retail uses zoned Planned Commercial Development - PCD. To the south is an office building, parking lot, and to the south of that are residential townhouses. To the east of the subject site is an office building and parking lot. The proposed site was designed so that minimal impacts were imposed on surrounding properties. Per Section 3, Commercial C-3 District, of the City of Boynton Beach Land Development Regulations, the maximum floor area (FAR) permitted is 0.50. Based on the maximum floor area ratio (0.50), the maximum square footage that could be developed on the property is 29,902 square -feet: 1c,y51 N I Isig1k,ir DrM,, S(Ak, 102, `r1V'esr P,iIrn llw, r h, 1 1 33401 uuuuui .1 : 561.684.6141 .('84.6141 ext.:'108 I f'': www.s IIsi dr ,,:)Isinxorn 612 Mint Eco Wash Woolbright Justification Statement Page 4 of 10 Resubmittal: July 28, 2023 1.37 acres (59,803 s.f.) x 0.50 = 29,902 square -feet Based on the total square -footage proposed (4,414 square -feet), the floor area ratio is (.05): 4,414 square feet _ 1.37 acres (59,803 s.f.) = .07 FAR Pursuant to Section 3, Commercial C-3 District of the City of Boynton Beach's Land Development Regulations, the maximum square footage that could be developed on the property is 29,902 square -feet and the applicant is proposing 4,414 s.f., which is approximately 7x less intensive than the maximum floor area ratio. Parking: Required Parking: Auto/Car Wash Full -Service (Polishing, Waxing, Detailing) = 4 spaces/tunnel @ 1 tunnel = 4 Spaces + 1 space/250 s.f. of detail area @ 2,700 s.f. (see below graphic in showing the 9 detail hatched areas @ 300 s.f. each) = 11 Spaces Total: 15 SPACES Proposed Parking: Total: 25 SPACES Handicap Spaces Required: 1 Space Handicap Spaces Proposed: 1 Space Bicycle Spaces Required: 5 Space Bicycle Spaces Proposed: 6 Spaces 1',y5 1 N I Isig1k,ir DrM,, S uik, 102, `r1V'eM P,iIrn llw, r h, 1 1 33401 uuuuui .1 : 561.684.6141 1 ext.:'108 I f'': www.snIsri dr ,,:)Isrnxorn 613 Mint Eco Wash Woolbright Justification Statement Page 5 of 10 Resubmittal: July 28, 2023 Required Sustainable Development Standards: Per the City's Required Sustainable Development Standards (LDR, Chapter 4, Article XIII, Section 2.131), the Site Plan shows the below Required Sustainable Development Standards table with the required standards and the proposed compliance need to achieve the required standards. REQUIRED SUSTAINABLE DEVELOPMENT STANDARDS CITYARTICLE SUSTAINABLE DEVELOPMENT STANDARD PROPOSED COMPLIANCE Table 2-1 Warm white LED lighting for parking lots, pathway lighting, accent lighting, and exterior building lighting Outdoorwarm white LED lighting provided for parking lots, pathway lighting, accent lighting, Outdoor Lighting and exterior building Table 2-1 Minimum 5% butterfly attracting shrubs and trees with Minimum 5% butterfly attracting shrubs and trees with a minimum of 3 different species of plant Butterfly Attracting Landscape Material a minimum of 3 different species of plant material material incorporated in landscape plan design Table 2-1 One Level 2 Electric Charging Station required for One Level 2 Electric Charging Station space Electric Charging Station every 50,000 s.f. of non-residential development provided on the eastern property line Table 2-1 White Roof required for all products utilizing flat surfaces White roof provided forthe building White Roof Sustainable Development Options and Points: Per the City's Sustainable Development Regulations (LDR, Chapter 4, Article XIII, Section 2.D), the Site Plan shows the below Sustainable Development table with the required standards and the proposed options need to achieve the required points. As shown below, the applicant is required to provide 25 sustainable development points and 36 points are proposed. REQUIRED SUSTAINABLE DEVELOPMENT OPTIONS AND POINTS+A1:D26CA1: D28 CITYARTICLE SUSTAINABLE OPTION PROPOSED COMPLIANCE POINTSAWARDED Table 3-1 Air Conditioners - Energy Star Qualified, Min. Energy Star qualified air conditioners Efficient Cooling SEER16 provided with minimum SEER 16 2 Table 3-1 Energy Star Certified water heaters -75%of hot 75% of hot water is heated w/Energy Efficient Water Heating water is heated Star Certified water heaters 2 Table 3-1 Roof materials have a Solar Reflective Index Cool Root (SRI) 75 for low -sloped roots Root materials provide a 75 SRI 2 Table 3-1 White colors for the building to reflect. Accent and White color provided for the building W Building Color trim colors accent and trim 2 Table 3-1 Shade Structures are required to cover Shade Structures provided Shade Structures For a minimum of 50% of glazed openings 100% of glazed openings. 6 Buildin s Table 3-1 Energy efficient lighting required for building Energyetficient LED lighting provided Lighting interiors for building interiors 1 Table 3-1 AN building applicances are Energy Star Building will provide all Energy Star Energy Star Appliances Appliances Appliances 2 Table 3-1 Recycle Station/Dumpster Dumpsler Area required Dumpster area provided 1 Area Table 3-1 Permeable Sidewalk Permeable surface materials used for sidewalks Permeable surfacing material provided 3 Surfaces for sidewalks (100%) Table 3-1 Canopytrees required that exceeds the minimum Canopy trees provided that exceed the Tree Canopy number of required trees by 25%. minimum required trees by25%. 5 Table 3-1 All rain water from the root will be 75% of rain water from the root is captured and captured and recycled for landscape 4 Rain Water Reuse recycled for landscape irrigation. irrigation Table 3-1 Reuse waterforimgation All water will be reused for irrigation 6 Reuse Water purposes TOTAL REQUIRED POINTS 25 TOTAL PROVIDED POINTS 36 1t,y51 N I Irig1k,ir DrM,, S(Ak, 102, `r1V'esr [),IIrn llw, r h, 1 1 33401 uuuuui .1 : 561.684.6141 .('84.6141 ext.:'108 I f'': www.snIrT d( ,,:)Iri .corn 614 Mint Eco Wash Woolbright Justification Statement Page 6 of 10 Resubmittal: July 28, 2023 Standards of Code Compliance — Conditional Use Approval Request: In evaluating an application for conditional use, the Planning and Development Board and City Commission shall consider the effect of the propose use on the general health, safety, and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning all of the following standards, where applicable: Standards of Granting Conditional Uses: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; Response: The proposed development will have frontage and access from W Woolbright Road. The proposed use is not expected to generate any potential hazards, problems, or public nuisances to this property. A six-foot (6') masonry screen wall will be installed along the south property line. There is an existing sidewalk along W Woolbright Road. Pedestrian access to the site is proposed to be enhanced through the construction of walkways and a clearly marked crosswalk through the proposed parking areas in order to connect directly to the proposed automatic car wash. The proposed development has been estimated to generate 166 trips per day, 12 AM peak hour trips, and 14 PM peak hour trips at project build out in 2026. The proposed peak hour trips are negligible and will have an insignificant impact on the surrounding roadways and is therefore approvable with regard to the Palm Beach County Traffic Performance Standards. As less than 20 peak hour trips are estimated, additional analysis is not required. Please see attached traffic report from Simmons & White. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; Response: The proposed development is in compliance with the required number of parking spaces for the proposed automatic car wash use. The minimum parking required for an automatic car wash is calculated at 4 spaces/tunnel @ 1 tunnel = 4 Spaces + 1 space/250 s.f. of detail area @ 2,700 s.f. = 11 Spaces. The site plan depicts 10 angled detailing spaces underneath the covered canopies on the east side of the building for customers, one middle row of 13 angled free vacuum parking spaces for customers, and 11 angled spaces at the northeast corner of the site for employees. Proposed site design and layout was planned so that minimal impacts were imposed on surrounding properties. The design of the parking areas is sensitive to the nearby residential properties to the south beyond the 1c,y51 N I Isig1k,ir DrM,, S(Ak, 102, `r1V'esr P,iIrn llw, r h, 1 1 33401 uuuuui .1 : 561.684.6141 .('84.6141 r,xt.:'108 I f'': www.s IIsi dr ,,:)Isinxorn 615 Mint Eco Wash Woolbright Justification Statement Page 7 of 10 Resubmittal: July 28, 2023 adjacent parking lot. In order to mitigate any parking impacts to the residents, the proposed site plan provides a 41' rear setback, inclusive of a 12' Type 2 landscape buffer with a maximum 2' ht. berm and 6' ht. buffer wall. The applicant has proposed perimeter LED lighting (with light cutoff at the property line) throughout the proposed development, which is anticipated to reduce glare and promote traffic safety. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above; Response: A dumpster is proposed at the southeast corner of the property, setback approximately 85 feet from the buffer wall along the south property line. The refuse area is screened by both the six (6) foot wall and landscaping. Trash would be removed on a standard schedule and solid waste is not anticipated to increase significantly as a result of this application. However, should the waste flow create an issue, the waste pick- up frequency will be increased to accommodate it. 4. Utilities, with reference to locations, availability, and compatibility. Response: The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. Please refer to the paving, drainage, water and sewer plans prepared by Simmons & White that have been submitted with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character Response: To the north of the subject property is W Woolbright Road and across this roadway is a medical office use. To the west is retail uses zoned Planned Commercial Development - PCD. To the south is an office building, parking lot, and to the south of that are residential townhouses. To the east of the subject site is an office building and parking lot. In order to mitigate any adverse affects an automatic car wash might have on the surrounding uses, screening and buffering is required. The proposed site design and layout was planned so that minimal impacts were imposed on surrounding properties. The submittal package includes a landscape plan that identifies proposed perimeter buffers and plantings. The applicant is proposing a 10' right-of-way landscape buffer along the north property line, a 7' Type I landscape buffer along the east and south property lines, and a 12' Type 2 landscape buffer with a maximum 2' ht. berm and 6' ht. buffer wall along the south property line. The perimeter of the site will include native trees installed so that they provide adequate screening from the adjacent properties. Please see enclosed Landscape Plans prepared by Schmidt Nichols. 155I N I Isig1k,ir DrM,, S(Ak, 102, `r1V'esr P,iIrn llw, r h, 1 1 33401 uuuuui .1 : 561.684.6141 .('84.6141 ext.:'108 I f'': www.s IIsi dr ,':)Isinxorn 616 Mint Eco Wash Woolbright Justification Statement Page 8 of 10 Resubmittal: July 28, 2023 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties Response: The applicant is proposing one 5' tall monument sign along W Woolbright Road, south of the full access driveway. Three (3) wall signs are proposed: one (1) on the north elevation, facing W Woolbright Road, one (1) on the east elevation and one (1) on the west elevation. The applicant has proposed perimeter lighting throughout the proposed development, which is anticipated to reduce glare and promote traffic safety. 7. Required setbacks and other open spaces Response: The proposed automatic car wash building is proposed to meet or exceed the minimum setback requirements of the C-3 zoning district. Minimum setbacks are: front (north) required 20' - provided 56'; rear (south) required 20' — provided 41'; side corner (N/A), and side (east) required 15' — provided 48'. The closest residential structure is nearly 50 feet to the south, across the parking lot, separated by two (2) layers of landscaping and a proposed 6' ht. masonry buffer wall on site. 8. General compatibility with adjacent properties, and other property in the zoning district Response: The proposed automatic car wash is generally compatible with the remainder of the commercial uses on the corridor and with the adjacent residential properties; as such uses located adjacent to large residential developments are typically patronized by the residents within the neighborhood. Additionally, the building's large setbacks and appropriate buffering further the compatibility. The building's design is typical of most commercial structures with a mix of contemporary style with varied facades in order to be generally compatible with the structures along the W Woolbright Road corridor. The elevations are broken into several stepped planes that incorporate differences in height, materials and parapet configurations. A tower provides additional interest and identify the building main entrance. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole Response: The proposed automatic car wash is designed as a one-story structure, with the tower height at 30', which is compatible with the structures on adjacent properties, and under the maximum allowable height of 45' in the C-3 zoning district. 1c,y51 N I Isig1k,ir DrM,, S(Ak, 102, `r1V'esr P,iIrn llw, r h, 1 1 33401 uuuuui .1 : 561.684.6141 .('84.6141 ext.:'108 I f'': www.s IIsi dr ,,:)Isinxorn 617 Mint Eco Wash Woolbright Justification Statement Page 9 of 10 Resubmittal: July 28, 2023 10. Economic effects on adjacent and nearby properties, and the city as a whole Response: The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible, other than the enhanced condition of the property with the upgraded building and use on the site, permit fees and certificate of use fees. It is a local convenience as intended by LRC future land use designation. Car Washes are staples for neighborhood businesses and residents. Additionally, it provides commercial services, which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential community to the south. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; and Response: A mixed use zoning district or redevelopment plan is not applicable to this project. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part II, Chapter 15, Section 15-8. Response: The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. The automatic car wash is subject to federal and state safety standards, which provide protections from the nuisances and hazards of fuel. As noted above, with the distance to the adjacent residential to the south across the parking lot, and the buffer wall and intervening landscaping, noise associated with operation should not be an issue. The proposed use would exist in a manner that is in compliance with the above -referenced codes and ordinances of the City of Boynton Beach. 13.A sound impact analysis shall be required for new or expanding bar, nightclub or similar uses when involving property within 300 feet of a residential district. The analysis shall include mitigating solutions that would reduce or eliminate any potential for off-site nuisance conditions. Depending on the size of the proposed use, the distances to and level of compatibility with adjacent land uses, the sound analysis may be required to include information, diagrams and sketches indicating the types and locations of proposed sound emitting equipment, speaker orientations, maximum output, building or site design intended to mitigate sound impacts, and any operational standards including an affidavit documenting maximum sound limits to be maintained based on the findings of the analysis. Response: This standard is not applicable to this project because there are no proposed uses for bars, nightclubs, and similar establishments. 1c,y51 N I Isig1k,ir DrM,, S(Ak, 102, `r1V'esr P,iIrn llw, r h, 1 1 33401 uuuuui .1 : 561.684.6141 .('84.6141 r,xt.:'108 I f'': www.s IIsi dr ,,:)Isinxorn 618 Mint Eco Wash Woolbright Justification Statement Page 10 of 10 Resubmittal: July 28, 2023 On behalf of the Applicant, 2250 West Woolbright OPCO, LLC, Schmidt Nichols respectfully requests your approval of this Conditional Use and Major Site Plan Modification application. I')"):I N I Isig1k,ir DrM,, S(Ak, 102, `r1V'esr P,iIrn llw, r h, 1 1 33401 uuuuui .1 : ` 61 .('84.614 1 r,xt.:'108 I f'': www.si nIsi dr ,':)Isinxorn 619 EXHIBIT "C" Conditions of Approval Project Name: Mint Eco Wash File number: New Major Site Plan (NWSP 23-001) & Conditional Use (COOS 23-001) Reference: 3rd review of plans identified as a New Minor Site Plan with a September 13, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. In addition to the LDR, all lands shall be improved in conformance with the minimum standards as set forth in the current Engineering Design Handbook and Construction Standards or latest supplement thereof. The "Engineering Design Handbook and Construction Standards" manual and "Engineering Details" are available online at: https://www.boynton- X beach.org/engineerinq/new-construction-department-public-works- engineerinq-division, the "Utilities Engineering Design Handbook and Construction Standards" and "Standard Details" are available online at: https://www.boynton-beach.org/water-utilities/new- construction, and the City's code of Ordinances can be found at: https://codehub.gridics.com/us/fl/boynton-beach 2. Site plan approval does not constitute a waiver of the engineering requirements. Any deviation from the engineering standards contained within the LDR or the Engineering Design Handbook and Construction Standards requires approval by way of an engineering waiver in accordance with LDR Ch. 2. Art. III. Sec. 5. If a waiver is granted in connection with a site plan, then such X waiver shall remain valid as long as the corresponding site plan approval remains in effect, or unless there is any amendment to the original waiver. Any subsequent revisions that result in a modification to the approved site plan may be subject to P&Z approval. 3. A Land Development Permit (LDP) shall be required in accordance with the LDR Ch. 2. Art. III. Sec. 3 for the proposed on-site improvements for paving, grading, drainage, all utilities, all X off-site improvements, and construction activity proposed to, or within, an abutting or contiguous right-of-way. 620 Mint Eco Wash (NWSP 23-001 & COUS 23-001) Conditions of Approval eLOTb DEPARTMENTS I INCLUDE REJECT 4. Prior to issuance of any permit, the applicant shall: a) Submit and obtain the Land Development Permit (LDP) from the Engineering Division. Once the plans are found to be acceptable, the City Engineer or designee shall issue a written statement of technical compliance, and notify the applicant of any fees and surety. b) Obtain and submit a copy of all applicable permits from outside agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, shall be provided. c) Dedicate to the city any easement(s) that city deems necessary for public services and said dedication shall provide that developer and/or owner shall hold city harmless for any of its acts performed within or abutting said easements if any loss or damage is caused to abutting X property. d) Submit a S&S cost estimate to include quantities and unit cost for both the onsite and offsite improvements for paving, grading, and drainage. Note: Water and sewer fees and surety shall be computed and collected separately by the Utilities Department. Site permit fees shall be computed and collected separately by the Building Department less the fees associated with the Land Development Permit. e) Remit payment of Engineering Division review and permit fees based on the cost estimate of a duly licensed professional in the State of Florida. (LDR Ch. 2. Art. III. Sec. 3). f) Provide a surety in compliance with LDR Ch. 2. Art. III. Sec. 6. in the amount of 110% of the engineer's certified cost estimate. Surety for required utility system improvements shall be coordinated directly with the Utilities Department. g) Schedule and attend a pre -construction meeting with the City's Engineering Division held jointly with the Utility Department. 621 Mint Eco Wash (NWSP 23-001 & COUS 23-001) Conditions of Approval Paae 3 of 6 [DEPARTMENTS I INCLUDE REJECT 5. Prior to the pre -construction meeting, submit copies of the X required shop drawings as approved by the Design Engineer. 6. Prior to the pre -construction meeting, the contractor shall provide the city with detailed construction mitigation plans. All construction activity regulated by the LDR shall be performed in a manner so as not to adversely impact the conditions of adjacent properties, unless such activity is permitted to affect said property pursuant to a consent granted by the adjacent property owner, under terms or conditions agreeable to the adjacent property owner. This includes, but is not limited to, the control of dust, noise, water or drainage runoff, debris and the storage of construction materials. (LDR Ch. 2. Art. III. Sec. 3.D.3.) Impacts on businesses, public inconvenience, disruption to multi -modal and vehicular/pedestrian travel on roadways/sidewalks in the vicinity of construction shall be minimized. Construction mitigation plans shall include the following information (as applicable): a) Construction schedule, phasing, staging, and storage b) Construction fencing, ingress/egress and sight triangles c) Construction personnel parking — if an off-site location is secured for this purpose, verify that a tram or shuttle will be X provided between the construction site and the parking area(s) and provide a copy of the agreement with the property owner. d) Construction traffic routes and delivery schedules e) Dust control and street cleaning plan f) Construction refuse removal in adherence to City's ordinance, Sec. 10-26(a). Contact the Public Works Department (561-742-6200) for a roll -off container. g) Hours of work in adherence to City's noise ordinance Sec. 15-8 h) MOT plans for proposed closures/detours affecting vehicular or pedestrian travel i) Hurricane preparedness plans in the event of a hurricane warning and/or watch. 622 Mint Eco Wash (NWSP 23-001 & COUS 23-001) Conditions of Approval Paae 4 of 6 [DEPARTMENTS I INCLUDE REJECT 7. Prior to a Certificate of Occupancy: a) The engineer of record shall certify in writing that the required improvements were installed under his responsible direction; that all improvements conform with the approved civil engineering drawings, and all laws, regulations, codes, and ordinances. In addition, the applicant's engineer of record shall submit tests and reports (concerning the work and materials used during construction of the required improvements), in addition to as -built drawings on a high- quality time stable reproducible material showing the original X design as compared to the actual finished work. (LDR Ch. 2. Art. III. Sec. 3.D.4.) b) The owner/developer shall dedicate to the city any easement(s) that city deems necessary for public services and said dedication shall provide that developer and/or owner shall hold city harmless for any of its acts performed within or abutting said easements if any loss or damage is caused to abutting property. PLANNING AND ZONING Comments: 8. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments X (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 9. Approval of the Site Plan and Conditional Use application does not grant approval of the proposed signage. The property owner must secure Building Permit approval for the signs depicted on the X Preliminary Mater Sign Plan (PMSP-1), including the Eco Mint Carwash logos shown on the building elevations (A-1). 10. At the time of final inspection, staff may require additional vegetation to screen the overhead door from view of the right -of- X way. 11. The parking spaces located along the east property line shall X include a two (2) foot overhang in lieu of wheel stops. 12. The detail/working spaces must be clearly striped with the same angle and dimensions as approved and depicted on the Site Plan X (PSP -1). A maximum of 9 vehicles may be detailed simultaneously. 623 Mint Eco Wash (NWSP 23-001 & COUS 23-001) Conditions of Approval Paae 5 of 6 [DEPARTMENTS I INCLUDE REJECT 13. The four (4) detail/working spaces located south of the accessible X parking space and fronting the building shall include wheel stops. 14. Revise the Parking Detail Area Exhibit (SP1), Site Plan (PSP -1) and Justification Statement to indicate the correct square footage X of the detail/ working area (3,293 SF). 15. Correct the parking calculations provided on the Site Plan (PSP -1) and Parking Detail Area Exhibit drawing (SP1) to indicate 18 required off-street parking spaces: Computation: 1 tunnel = 4 spaces X 3,293 SF of detail/ working area = 14 parking spaces (1 per 250 SF of detail, washing, and waxing areas). 4 + 14 = 18 parking spaces 16. The roof material of the proposed canopies must be impermeable. X The canopy design must be compatible with the car wash building. 17. The existing non -conforming pole sign must be removed prior to approval of any permit application associated with the proposed X Mint Eco Wash development. 18. The architectural features, materials and colors of the monument X sign must be consistent with the principal structure. 19. The wall signs and free-standing signs require an approved Building Permit prior to installation. 20. The proposed lighting fixtures shall not illuminate any vertical or horizontal surface on adjacent properties at a level greater than X 0.3 foot-candles. POLICE Comments: None. All previous comments acknowledged at DART meeting. BUILDING Comments: None. All previous comments acknowledged at DART meeting. 624 Mint Eco Wash (NWSP 23-001 & COUS 23-001) Conditions of Approval Paae 6 of 6 [DEPARTMENTS I INCLUDE REJECT PARKS AND RECREATION Comments: None. All previous comments addressed at DART meeting. FIRE Comments: None. All previous comments acknowledged at DART meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: None. The subject property is located outside of the CRA. CITY COMMISSION CONDITIONS Comments: TBD 625 use Relo 8 WALL DETAIL „�io ssesem we C M • r• _. A m SCI DIMATER DETAIL rEm— a^d arHIe° BIKE RACK DETAIL ®saemm.k e� .es a ..eso Ig£ � g Ima.^ezo,e I Wil S C H M I IIT NICHOLS ssvisioxs/ sueraissiox PRELIMINARY SITE PLAN PSP -1 of, 2023 f, R III, E "'AA, Al— C 11 OIL LI 211 111- 2. ��l . ... ........ .... TYPICAL —SECTION A—A 1� IYEF TYPICAL,4(jTIPN C -C JOF- ADD ELEVATIONS SHOWN HEREON ARE RELATIVE TO THE NORTH AMERICAN VERTICAL DATUM (N.A.M.D.) OF 1988 BASED ON A SURVEY PREPARED BY CAU LFIELD & WHEELER. INC. (561) 392-1991. CH Hy" V EIIALN� 11111 -F -1 DDrvE -LI PE-FlEl ELF1 I I I -ED --E A N 2111 ITQI� FINT. oreiES EL 2� N D� 1- TYPICAL SECTION B -B ILE � IN LEGEND -FO /- U ®- �.. ;�- T 11 11 111E PI.P.- --T -E1-1 -1- IE�EL-1'1'I 111FAll t t PIIFF P1 O 4t AT- 1.1-1 11PE LS �D�ET I 11I`�l C�2=21 -�ED F InL NS ' E ND -111 11 DE -N 1111- 11 DE-tics 111, Ex IMAeE Pi NHG 01'NNF-N-T-T L.111- -S -L DE 1E.011ED aN THE "ll DED -F, N I ALLERIN N -_D ZT` MENT"� N AN 'ZINIGH1 MOZ 1111C, "T" 'I'TON - F , [ � I) ALL I -H �AAN AND ��N FF'I'HOT-� LDR _N M��" 11-11 1, -I'Ll I IPE HIP) A'E", � , A EBH I ARLI 21 DI'll -LI DING � P111-11 ILEI 'I I -D Nj 21 ' ! 'E'EElINT T-1 H -El 111A -El Cl---) - ----- TYPICAL - - - - - - - - TYPICAL SECTION D—D N.T T. IIALE 2250 W. WOOLBRIGHT ROAD ''vdnR//" FIOFFI-NALFFKNIER Flll�E NC -1616 D I ,I 1,�l I `= sc 11-11Y INI 9sun-, ZTylIE4TL`l C -AN irvc 1Bolen, PE. SECTION 32, TOWNSHIP 45S., RANGE 43E CITY OF BOYNTON BEACH, FLORIDA CONCEPTUAL PAVING 1 2 vs bw-)�L ROE o`a�"o�Ere��"�o`o�reirvz" .ae� s" �A` , "DreM�HeD o"a�"o Y— DI-) i P,ur"olEDI::i v sewere A ,.Pe `F ,.PE a. veoPoseD a su«— —11 A- (-C) 2250 W. WOOLBRIGFR ROAD NOTE: ALL ELEVATIONS SHOWN HEREON PRE REUTIVE o .� F core on �� "a. sane aavry*ory eFnw nrvo s,F Pwry couuw,s. sTzrTzs ca Tuuap CAR WASH WOOLBRIGHT TO THE NORTH AMERICAN VERTICAL DATUM (N.A.V. D.) z) .11D 11117 z ario —1- REvs Ns PFR cry of I'MINTMECO ECTIO32, TOWNSHIP BEACH, RANGE 43E. OF 1988 BASED ON A SURVEY PREPARED BY o"' CITY OF BOVNTON BEACFI, FLORIDA CAU FIELD &WHEELER, INC. 5fi1 392-1991.w*ec"nen,io"mos"'�zejzoz� SIMMONS �:WAITE CONCEPTUAL WATER ( ) G-- FEW` Pere C". or eon„o" eeoe" x 51E L -I-El AND WASTEWATER PLAN os eF vE FIED ou u<v aFVlsoNs ,s Rw- sz z,a zzzam, �' 2 r 2 i Boynton Beach 450 Angled Parking 15'x 20' Space 1 W S C H M I IIT NICHOLS t U o W O = � 0 0 C ? o 0 C o C y m Exhibit SP -1 of, i T R '3@ i a i 0 Fire Truck- City of Boynton Bch REO VEHICLE BODY OVERHANG ,YI IT I ROHN OFF PATH I I `I 1iAD I IPi P hl 2250 W. WOOLBRIGHT ROAD pmt MINT ECO CAR WASH WOOLBRIGHT TO THE NORTH ANORTH VE AN RTICA_ DATUM TTOIS SHOWN HEREON ARFN.V.OREITATN) F SECTION 32, TOWNSHIP 455.. RANGE 43E, OF 1988 BASED ON A SURVEY PREPARED B.A Y SIMM OS WIIITS CIN OF BOY TON BEACH, FLORIDA CAULFIELD k WHEELER, INC. (561) 392-1991. ,�;:;„;;��„;FIRE TRUCK AUTOTURN ANLAY515 i PROP„=Eo I i T R '3@ i a i 0 Fire Truck- City of Boynton Bch REO VEHICLE BODY OVERHANG ,YI IT I ROHN OFF PATH I I `I 1iAD I IPi P hl 2250 W. WOOLBRIGHT ROAD pmt MINT ECO CAR WASH WOOLBRIGHT TO THE NORTH ANORTH VE AN RTICA_ DATUM TTOIS SHOWN HEREON ARFN.V.OREITATN) F SECTION 32, TOWNSHIP 455.. RANGE 43E, OF 1988 BASED ON A SURVEY PREPARED B.A Y SIMM OS WIIITS CIN OF BOY TON BEACH, FLORIDA CAULFIELD k WHEELER, INC. (561) 392-1991. ,�;:;„;;��„;FIRE TRUCK AUTOTURN ANLAY515 NOTE: ALL ELEVATIONS SHOWN HEREON ARE RELATIVE TO THE NORTH AMERICAN VERTICAL DATUM (N.A.V.0.) OF 1988 BASED ON A SURVEY PREPARED BY CAULFIELD & WHEELER, INC. (561) 392-1991. 0 :a�N RED -VEHICLE BODY OVERHANG BI IT 1 RON I TIFF PATH ^FI 1 1 1l ED IIFL...P "hl nwlzna 2250 W. WOOLBRIGHT ROAD MINT ECO CAR WASH WOOLBRIGHT SECTION 32, TOWNSHIP 455.. RANGE 43E, CITY OF BOVNTON BEACH, FLORIDA SO -30 AUTOTURN ANLAYSIS 7 spa s2z7an*o� II - 1 LOCATION MAP I I PaaPoseo Gp'� � — n _. I , 11 0 O I � �. � � m 500 25.00 _ � I i I I A I \) O o � a (� f RED VEHICLE BODY OVERHANG I � lil IJI I I2CJIJ1 iIIRI PATH 11. .I III I 2250 W. WOOLBRIGHT ROAD NOTE_ ALL ELEVATIONS SHOWN HEREON ARE REIATNE �P � MINT ECO CAR WASH WOOLBRIGHT TO THE NORTH AMERICAN VERTICAL DATUM (N-A.V.D.) BOmSECTION 32, TOWNSHIP 455.. RANGE 43E, OF 1988 BASED ON A SURVEY PREPARED BY CAULFIELD k WHEELER, INC. (561) 392-1991. ,v Meas 8IMM0• S.l'`,Y'4VI-IITL aA of BUCK A BEACH, FLORIDA N GARBAGE TRUCK AUTOTURN ANLAYGIS asHsorvs a oe �� 'sz ra xsrnn�o� 'I 1 LOCATION MAP - OPosEo r.rss 19 00 I — : 10 0 0 z 00 11 00 T o A I Passenger Vehicle IF IF I It, 100F-1 100i r � i n aisF RED VEHICLE BODY OVERHANG I IJI I I2CJIJ1 TIFF C'\iH I 2250 W. WOOLBRIGHT ROAD NOTE_ ALL ELEVATIONS SHOWN HEREON ARE RELATIVE �P � MINT ECO CAR WASH WOOLBRIGHT TO THE NORTH AMERICAN VERTICAL DATUM (NA.V.D.) BOmSECTION 32, TOWNSHIP 455.. RANGE 431, OF 1988 BASED ON A SURVEY PREPARED BY SIMMONSQ:J ELTI, a Y of 11Y1T11 REACu, FLORIDA CAULFIELD k WHEELER, INC. (561) 392-1991. ..�.��.. �..} �.�....� ,y.,,,Qa,.,,,,.�,.,.,,•C'°^•'. `,�,:;v, PASSENGER VEHICLE AUTOTURN ANLAYSI' asHsorvs a oe sz ra x,777, ` 'I a 1 MAP p TREE DISPOSITION KEY OT,eeloeeRelo�aled T,eeloeeRemo�ed �;oDetlo�a, o,.eo......... p TREE REMOVALS TREE PROTECTION DETAIL I t,ln, �PmdoA.a� TREE DISPOSITION CHART .a�a.' olcr'1r a�a� DRAWING INDEX LP -1 Tree Monogem- Plan LP -2 Landsmpe Plan LP -3 Landsmpe Speclficailons s WOOLBRIGHT RD I aZa� aW� � 1 SCHMI T NICHOLS 1551 N 10L1l,one 51L III 611L TREE MANAGEMENT PLAN LP -1 of4 LANDSCAPE NOTES I m SAFE SIGHT DETAIL �,.. IRRIGATION NOTES SUSTAINABLE POINTS IN��I �I�oImKI�I �� A o EXISTING TREE KEYx cmi �.w.aa.' OI °"�.'r a'a� ,I .�,. eimxE.Ree xs�su elan LANDSCAPE PLAN LP -2 114 „a PI ANTIN(—, F)FTAIIS I AT. PLANTING DETAIL LA 111GITI PLANTING DETAIL ....... . ....... .11LTIINI TREE PLANTING DETAIL SHRUB AND GROUNDCOVER PLANTI NG DETAIL TREE PLANTING DETAIL SCHMIDIIT NICHOLS 1551 N DI, Sle 102 0� 6%N�,p2,n ,2 LANDSCAPE SPECIRCA11ONS LP -3 O,, r 21 P3 _ used Building, 30'-0" HT )posed Landscape Screening Proposed Cash Wash Bay North Elevation SCHMIDT NICHOLS U.6 o Lu O 0 0 � � m C� c C o c T N m° 0 SNS i S��nM ss SNS LANDSCAPE EXHIBIT NORTH ELEVATION LP -4 of 4 AP�fQf9NED € Pa��f9szo��ao�,o� � sep�gmne 7�'zozs € ® m ® liII�� ® Immlil. WON OR �i a co- e E rx�c m 3 „ p5 6 WEST ELEVATION SOUTH ELEVATION EAST ELEVATION 0 0 0 o®® 0 o o � o o® o®® o � o o � o®� APPROVED 2023„ i ARPROVED i 1/ED Pa n,e 0 -Awing 61' W hit, 523 Se�ftg�n6er g vroecin GOUS�23 Uri & NWSf� 23�Ot lm Patio 500" Awning 61"White 523 --------------------- �IIs�, - c-------- -------------- --------- sm 3 IFtxtuine. E4iimmsngllnua�Race. D--ijpf.— Pd -t Ragist b..ID ILnit £,Move TYPa 4m13aga kM.,Z EXTERIOR AitCHITECTGRAL £IXTUR'ETTPE'5 Single Head Type 4WCLI VP -1 -160L -115-3K7- 31A Photocell DistribWiorrwith House Side 4W-UNV-X-WHT-PC- � � 115 Shield. 3000K. SHD-HSS-SO-B-WHT CLI PRO-24L-Z16W-DMV 120- .SB 0-10V Canopy Luminaire 3000K 30K -WH -WH 277V 18 CLI RWLI-48L-25-3K7- 120- WM-1 Photocell Idallpack. 3000K 4W-UNV-WHT 277V 25 CLI RWLI-48L-25-3K7-3- 120- WM-2 Photocell Wallpaok. 3000K. 25 UNV-WHT 277V 0 LDE-1 ------------------------ ----------------------------- c ---- Fixtrure Di—mg Weetacay. Pes'rcipRiro�n. P -d, -t Regixtr tin ID 4�rt Future '.. ''.,. Type ti7mlaage WaiaW� '.,. EKTERIOR ARGRITECTURAL FIXTURE TYPES &,91. Head. Type 4W CLI VP -1 -150L -115-3K7- SIA Photocell IJ't'bution w ith House Side 4W-UNV-H-WHT-PC- UNI 115 Shield. 3000K. SHB-HSS-SO-B-WHT VAC CLI PRO -24L -716W -DMV 120- SB 0-10V Canopy Luminaire. 3000K. 30K -WH -WH 277V 16 CLI RWLI-46L-25-3K7- 120- '.. WM-1 Photocell Wallpack. 3003K. 4W-UNV-WHT 277V 25 CLI RWLI-46L-25-3K7--3 120- WM-2 Photocell Wallpack. 3003K. UNV-WHT --------------- 277V 25 Ceiowetiox summary Label I Cd Type Units Avg Max Min Avg/Min MaX/Mln Property Line Illuminance Fc 035 13 0.0 NA. NA. Parting+Drive Illuminance Fc 255 59 O5 5.10 11.80 0 LDE-2 1 11 N.,th El—t- - E.0 El—t- 01 Eeaations Diagram -w 0El—t— 6.4 32 ll� Sign S C H M I IIT NICHOLS s � � o W O = O o CC Vf m suets ss ox PRELIMINARY MASTER SIGN PLAN PMSP-1 of, DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Minot Eco Wash (COOS 23-001 & NWSP 23-001) APPLICANT: Josh Nichols, Schmidt Nichols APPLICANT'S ADDRESS: 1551 N Flagger Drive, Suite 102, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 17, 2023 APPROVAL SOUGHT: Approve request for Conditional Use and New Major Site Plan (COOS 23-001 / NWSP 23-001) for Mint Eco Wash to allow a new 4,414 square -foot car wash building, covered detail areas, covered vacuum areas, and associated site improvements, on a 1.37 -acre parcel, located at 2250 W. Woolbright Road, in the C3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 2250 W. Woolbright Road DRAWING(S): SEE EXHIBIT "D" 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 Applicant'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: City Clerk 646 RE: Public Notice Mailer Affidavit & Sign Posting Affidavit Property Address: 2250 W Wooibright Blvd, Boynton Beach, FL 33426 Project Name: Mint Eco Wash Woolbright File #: COUS 23-001, NWSP 23-001 1 / We, the undersigned do certify that to the best of my knowledge, the attached ownership list, 400' radius map and mailing labels are a complete and accurate representation of the real estate property and property owners within at least 400 feet of the above -referenced subject property. This reflects the most current records on 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 of the public hearing in accordance with City Ordinance 04-007. Attached, are photographs of the signs showing their placement on the property and the abutting right-of-way. Sincer®Iv Josh Nichols, LEED AP Print Name County of. Palm Beach Sworn to (or affirmed) and subscribed before me this: day of _ , 44ie _. By, 1111 114�.11111; 1 1 71111:1, 1 Physical Or Online Presence Notarization Personally Or Produced Known Identification Tye of Identification Produced: ®raeieaaa J IE M.VALO tats of Honda a allot®ry ubfic- ®a Cois$ion 17�24i 22 rb y o@f�rvli$Sion Expires ®.� ,�®°' S®ptrrst��r 0, 2.025 l "'d id �s c M I DT ................. .............. . ..................... ..................... ................. . . .............. I c 1"`� 10 1,11,111,111,11, s I AN API AR(- 1 11-11 (TIJIMI A N D U RUA N I'l A N N I N 6 Mir-it Elco Wash Woolbright Clity of Boynton Beach Clity Commission Meeting 648 649 Ha,41�w 650 ��11111111111111co fiiii i��endiy isn't just words. Recycling Stations Water Bottle Refill Stations Hand Dryers LED Lights Low Flush Toilets Water Saving Technology Bamboo Toilet Paper Recycled Material Chairs Native Landscaping Biodegradable Coffee Pods Electric Equipment Eco -Friendly Chemistry 75% less fresh water than washing in your driveway. IMF RIMM7 , Mi 100% of our water is recycled. No water into storm sewers. 651 We h�iir Ilocakly IIIA i,,"amote from witiin� : $151-30/hour with, tips $50-76k/year with, bonius u t o 'n c r II "v 0 1" 1 0 f I s "a V (DI & a C; C $25-35/hour with, comim,issionis ;il-WV&U-TMFTT� with bonius 652 653 654 655 MI • Front (Required: 20', Provided: 56') (4,36') • Rear (Required: 20', Provided: 41') (+211 ") • Exceeds the landscape requirements due to the additional sustainability requirements (Required 47 Trees, Provided; 64 Trees) (�I 7) 656 ➢ Redevelopment along Woolbright Blvd corridor follows the adopted: ➢ City's New Architectural Sustainable Design Standards(Chapter 4Site Development standards4Table 2-, &s-1) ➢ General Design Standards for Exterior Buildings (chapter4 site Developmentstandards4 section 3) ➢ An active, fully staffed and secured site will eliminate loitering/ eyes on the corridor/ coordination with local law enforcement ➢ Provides landscape buffers along the perimeter to visually screen the proposed use from adjacent properties ➢ We are fulfilling the City's adopted Sustainable Development Standards and Sustainable Development 657 Sec. 4.C, Conditional Use Standards 1-12 : Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe ➢ Direct Ingress and egress to site: Woolbright Blvd ➢ Fire Dept. circulation approved the site layout 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole 658 4. Utilities, with reference to locations, availability, and compatibility ➢ Water/sewer and electrical are available to the site and will be connected as indicated on the civil plans 5. Screening, buffering and landscaping with reference to type, dimensions, and character ➢ New landscaping will be provided onsite and will be maintained in perpetuity according to the City's LDR ➢ 10' right-of-way landscape buffer along the north property line ➢ 12' landscape buffer along the south property line w/ 2' ht max berm and 6' ht wall, AND ➢ 7' landscape buffer along the east and west property line. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties 659 8. General compatibility with adjacent properties, and other property in the zoning district ➢ Generally compatible with the remainder of the commercial uses on the corridor 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole ➢ One-story structure, with the tower height at 30' (code max height: 45') ➢ Compatible with the structures on adjacent properties 10. Economic effects on adjacent and nearby properties, and the city as a whole ➢ Overall economic effects of the proposed use on adjacent properties will be negligible 660 M I N Cr' CAR WASH 11,410 101 s k,/ 1 1: 1 1 : I m 661 I d C) L s 662 ➢ Hybrid Full -Service Car Wash: ➢ Comprehensive services (washing, detailing, waxing, interiors + free vacuums) ➢ 30 Employees ➢ Increased job opportunities, better wages ➢ On-site management/ maintenance/ safety ➢ Highly Amenitized (i.e. inside/outside lounge, free coffee, environmental friendly, etc.) ➢ Compared to Express & Accessory Car Wash: 663 664 665 ivun i n tLLVA i iuiv ILI-1111 666 ➢ Provided 6' Solid Screen Wall (South Property Line) & adjacent 190 Space Parking Lot ➢ Provided T landscape buffers (east & west) and 12' landscape buffer (south) 667 ✓ Site will be an redevelopment from the existing closed commercial building on the Woolbright Blvd corridor ✓ $4 Million investment in facility ✓ $3 Million in annual sales 668 Current reading on West PL (09/12 @ 8:32 AM) (09/12 @ 8:26 AM) Current reading on East PL 669 Current reading on West PL (09/14 @ 04:30 PM) (09/14 @ 04:26 PM) Current reading on East PL 670 671 EiwhotnetAW NkAs*,,vith Diver OFF: 70 dba 672 SOUND INTENSITY VACUTECIH T4, 40HP, DD TURBINE TYPICAL VEHICULAR TRAFFIC MEASURES 60-75 DB ON MOST "SCIBND LEVELS REPORTED ARE FROM ACTUAL FIELD MEASIUREAhENTS' CITY SfREEfS AND WILL VARY BASED ON ACTUAL CONDITIONS 673 674 jC.—Py Pole TYP • Parking Required: 15 Spaces 4 spaces/tunnel @ 1 tunnel = 4 Spaces + 2,700 s.f. Covered Interior Services Canopy s.f / 250 s.f. of Working Area = 11 spaces Oe4aid 5pave: 300.1 eaah T1.1: 2,700.1. Parking Proposed: 25 Spaces (+10) 11 Employee Spaces 13 Free Vacuum Spaces 1 ADA Space 675 7:00 AM — 9:00 PM (Monday — Saturday) 9:00 AM — 5:00 PM (Sunday) 676 2022 ➢ Best Car Wash and Detail Center - Palm Beach Post ➢ Regional Winner for Best of Florida ➢ Small Business CEO of the Year Chamber of the Palm Beaches Geoff Jervis ➢ Patriot Employer Award - The Department of Defense ➢ Seven Seals - Department of Defense 2023 ➢ Best Car Wash and Detail Center 2023 - Palm Beach Post ➢ Runner Up for Best Eco-Friendly/Green Business - Palm Beach Post ➢ Best Places to Work - Sun Sentinel (April 20231 677 PIMM ME X 11 U 7'0 N 0 O PNO� /r I M eco Was i y, Mint'Eco'WaSh'Co'fiditional Use, (COBS 23-001) and, I'M New Major Site 'Plan (NWSP 23-001) City Commission October 17, 2023 679 ❑ Existing Property: ■ Developed property with an vacant single -story building and covered drive ■ Previously occupied by a bank ■ Non -conforming pole sign ■ Inadequate landscape strip and landscape buffers 680 Conditional Use (COUS 23-001) and New Major Site Plan (NWSP 23-001) ■ The Land Development Regulations require Conditional Use Approval for all new car wash facilities located within city limits. ■ The applicant proposes to fully demolish the existing structures and associated site features (parking, landscape, signage) in order to construct a new carwash facility consisting of: ■ A 4,414 SF car wash building; ■ Nine (9) covered working/detailing spaces ■ Thirteen (13) Covered vacuum spaces ■ Required Landscape, parking, lighting, drainage improvements 681 a a A wTi 9071,,Ml rk VUIIIUIR� Covered Accessible Car Wash Bench i Trash Greeter Bypass & Bicycle RacK Parking Space Tunnel Entry Receptacle Canopy Delivery Zoi Car Wash Building FSI Proposed Lift -Station Z Dumpsler Enclosure and Loading Zone tG42,71m0p,0,10N - '"\,7 Off -Street Cen Parking Vacuum Spaces o o +2 rri M."'ment Sign 5 682 FA ,.l'"'II 4.,YJL II_.1II IIGM:.y W,,0 p., II_Y 0..N t tW':, II 683 - - $ - $ ■ . � @ y� vv,z m— : }�_— a 684 owl . .. \. \. \ / I R■■■'.. y� vv,z m— : }�_— a 684 ❑ Conditional Use (COUS 23-001) & New Major Site Plan (NWSP 23-001) ■ Based on the information contained on the application and compliance with the applicable development regulations and review criteria, staff recommends APPROVAL of the proposed Conditional Use (COUS 23-001) and New Major Site Plan (NWSP 23-001) subject to satisfying all comments indicated in Exhibit "C" — Conditions of Approval. ■ Any additional conditions required by the City Commission shall be documented accordingly in the Conditions of Approval document. 685 11.A New Business 10/17/2023 Discussion regarding a parks and public safety bond referendum for upcoming March 19, 2024 Election. Requested Action: Presentation to discuss and provide staff direction on the parks system master plan's recommendation to pursue a parks bond and public safety bond referendum for upcoming March 19, 2024 election. Explanation of Request: Recreation & Parks Department Park System Master Plan "Reimagine Recreation Boynton" was adopted by City Commission during the March 21, 2023 Commission Meeting. One of the plan's recommendations was for the City to pursue a Parks Bond to fund Park system expansion, development, and improvements. This discussion is to provide staff with direction on developing a Parks and Public Safety bond referendum to present to City Commission. How will this affect city programs or services? No affect on City programs or services. Fiscal Impact: There is no impact on the budget for this item. 687 11.13 New Business 10/17/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/17/2023 Conduct annual performance evaluation of the City Manager. Requested Action: Pursuant to the City Manager's appointment agreement, the City Commission will provide the City Manager with a performance evaluation no less than annually. This will be Mr. Dugger's first performance evaluation and his current base salary is $205,000. Explanation of Request: The City Manager's employment letters states the Commission will provide the City Manager with a performance evaluation no less than annually, utilizing a process, from criteria, and format for the valuation which shall be agreed upon by the members of the Commission in consultation with the City Manager. The Mayor and each City Commissioner were requested to complete the evaluation form based on his/her assessment of the City Manager in ten (10) major areas of responsibility that include a total of thirty-two (32) specific performance measures. An "Overall Impression" rating and six (6) comment areas. In conjunction with any review of performance, the Commission may increase the base salary and/or other benefits of City Manager in such amounts and to such extent as the Commission may determine is proper. The Commission may, from time to time, grant the City Manager a performance bonus, provided the bonus is granted in accordance with Florida State Statue 214.425. Fiscal Impact: Subject to Commission recommendation. Attachments: City Manager - Employment Letter.pdf City Manager - Performance Evaluation Form.docx .:: APPOINTMENT AGREEMENT THIS AGREEMENT, made and entered into this X day of September 2022, by and between the City of Boynton Beach, Florida, a municipal corporation, ('CITY") and DANIEL DUGGER ("CITY MANAGER"), pursuant to these terms and conditions: WITNESSETH: WHEREAS, the City Commission ("COMMISSION"), pursuant to the City Charter and Code of Ordinances has the power of appointment of the City Manager; and, WHEREAS, the Commission has determined that DANIEL DUGGER shall be appointed to serve as City Manager and wishes to provide temps and conditions of appointment; and WHEREAS, DANIEL DUGGER wishes to accept appointment as CITY MANAGER of the CITY under the terms and conditions recited herein. NOW, THEREFORE, the COMMISSION, acting on behalf of and for the benefit of the CITY, and CITY MANAGER agree as follows: 1.0 Duties 1.1 CITY MANAGER shall perform the functions and duties pursuant to Article II, Section 20 of the City Charter, Article 11 of Chapter 2 of the City Code and other legally permissible and proper duties and functions as required of the office or as directed by the COMMISSION. 1.2 CITY MANAGER agrees to perform the duties of CITY MANAGER with care, diligence, skill and expertise. 2.0 Salary 2.1 CITY will pay CITY MANAGER an annualized base salary of Two Hundred Five Thousand Dollars [$205,000.00], payable in equal bi-weekly payments; paid at the same time that other managerial level employees of the CITY are paid. 3.0 Performance Review. 3.1 The COMMISSION will provide the CITY MANAGER with a performance evaluation no less than annually, utilizing a process, form, criteria, and format for the evaluation which shall be agreed upon by the members of the COMMISSION in consultation with the CITY MANAGER. 3.2 In conjunction with any review of performance, the COMMISSION may increase the base salary and/or other benefits of CITY MANAGER in such amounts and to such extent as the COMMISSION may determine is proper. Appointment Agreement— Duniel Rugger Page 1 of 7 3.3 The COMMISSION may, from time to time, grant the CITY MANAGER a performance-based bonus, provided the bonus is granted in accordance with s. 215.425, Florida Statutes.' 4.0 Terms of Acoointment 4.1 The term of this agreement commences October 1, 2022. 4.2 The CITY MANAGER serves at the pleasure of the City Commission and therefore the appointment has no fixed term. 4.3 Nothing in this Agreement shall limit the right of the COMMISSION to terminate the appointment of CITY MANAGER at any time, subject only to the provisions set forth in Section 5.0 of this Agreement. 4.4 Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the CITY MANAGER to resign at any time from his position with the CITY, subject only to the provisions set forth In Section 5.0 of this Agreement. 5.0 Termination Conditions and Pa 5.1 This Agreement shall terminate: 5.1.1 By mutual agreement of CITY MANAGER and the CITY. 5.1.2 By the CITY COMMISSION's unilateral termination of CITY MANAGER. 5.1.3 Death of CITY MANAGER. 5.1.4 Resignation of CITY MANAGER. 5.1.5 Amendment of the City Charter or Code of Ordinances pertaining to the role, powers, duties, authority, responsibilities of the CITY MANAGER's position that substantially changes the authority of the CITY MANAGER, in which case, the CITY MANAGER shall have the right to declare that such amendments constitute unilateral City termination In the same manner as 5.1.2 above. 5.2 in the event of a conflict between the severance benefit terms of this agreement and the limitation on severance benefits as provided in s. 215.425, Florida Statutes, the provisions of the statute shall prevail. 6.0 Ritthts and Obli>Qations Upon Unilateral- Termination by CITY. 6.1 Unilateral termination shall be by vote by the COMMISSION and need not reflect performance related reasons. In the event of a termination for misconduct, the CITY MANAGER is not entitled to severance pay in accordance with s. 215.425, Florida Statutes. If this Agreement is terminated by unilateral action by the CITY not based on misconduct, CITY MANAGER shall be entitled to: I All references to State statute mean the cited statute as amended or renumbered from time to time. AppolotmentAgreement—D n4lDugger Pager of 1 690 6.1.1_ Unpaid base salary through the effective date of the termination. 6.1.2 Twenty [20] weeks of severance pay. The term severance pay shall have the meaning as set forth in s. 215.425, Florida Statutes. 6.1.3 Reimbursement for as -yet unreimbursed expenses pursuant to this Agreement. 6.1.4 One hundred percent [100%] of all eamed and accrued vacation leave. 6.1.5 Fifty percent [50%] of all earned and accrued sick leave. 7.0 Ri hts and Obligations U on Terrain ion bMutual _ reement. 7.1. If this Agreement terminates upon mutual agreement of the parties, the negotiated terms of severance shall be consistent with the limitation on severance pay as set forth in s. 215.425, Florida Statures. 8.0 Rights and Obli at�ons UU on Termination Due Lo,Disabilit or De h., 8.1. If this Agreement terminates due to CITY MANAGER's disability or death, CITY MANAGER or his guardian or personal representative shall be entitled to the following compensation and benefits: 8.1.1 Base salary to date of death or last day of work if disability. 8.1.2 Reimbursement for as -yet unreimbursed business expenses pursuant to this Agreement. 8.1.3 Fifty percent [50%] of earned and accrued sick leave and one hundred percent [100%] of vacation leave. 8.1.4 Life and/or disability benefits, if applicable. 8.1.5 Accrued deferred compensation. 8,1,6 In the event of any disagreement or dispute regarding to whom payment shall be made, the CITY may rely on a court order or in the absence of an order, may interplead the payment with a court of proper jurisdiction. 9.0. Rights and Obli ations Qkgnynination Due to Resi n� atinn. 9.1. If this Agreement terminates due to CITY MANAGER's resignation, CITY MANAGER shall be entitled only to the following compensation and benefits: 9.1.1 Base salary through the date of resignation or such other date as mutually agreed to between CITY MANAGER and the CI'T'Y. 9.1.2 Reimbursement for as -yet unreimbursed expenses pursuant to this Agreement. Appointment Agreement- Dante! Dogger Page 3 of 7 691 9.1.3 Fifty percent [50%) of earned and accrued sick leave and one hundred percent [100%] of vacation leave. 9.1.4 Accrued deferred compensation. 9.2. A resignation shall be submitted in writing to the COMMISSION through the City Clerk and shall provide for an actual resignation date no fewer than thirty [30] days following the date of notice of resignation. The COMMISSION may establish an earlier separation date, but compensation and benefits shall accrue through the full thirty [30] days. 10.0 Automobile 10.1. The CI'T'Y shall provide use of a vehicle to the CITY MANAGER which shall be used for business and unlimited personal use, The vehicle shall be suitable for conducting City business and of comparable quality to vehicles purchased for or assigned to City Managers in Palm Beach County. The CITY shall be responsible for paying for liability, property damage, and comprehensive insurance, and for the purchase (or lease), operation, maintenance, repair, and regular maintenance of a take home automobile. 11.0 Additional Benefits. 11.1 The CITY will pay the premiums for employee group medical, dental, and vision insurance for the CITY MANAGER and his dependents. Each January, the CITY will also fund the CITY MANAGER'S health savings account to the IRS maximum family contribution amount. 11.2 The City will pay the premiums for employee group short-term and long-term disability insurance. 11.3 CITY shall pay for and provide the CITY MANAGER with term life insurance in the amount of Three Hundred FortyThousand Dollars [$340,000.00]. The City will not be responsible for policy renewal after the date of termination of appointment. 11.4 CITY and CITY MANAGER will execute all necessary agreements provided by the International City Management Association -Retirement Corporation (ICMA-RC) for CITY MANAGER's participation in said ICMA-RC retirement plan, or any other comparable deferred compensation program. In addition to the base salary paid by the CITY to CITY MANAGER, CITY will pay an amount equal to the IRS maximum allowable contribution, which shall also include the IRS maximum allowable for "catch up" provisions upon eligibility, into the ICMA-RC on CITY MANAGER'S behalf, in equal proportionate amounts each pay. 11.5 CITY MANAGER will accumulate vacation leave and may cash out leave as provided under the rules and regulations for other managerial employees of the CITY. 11.6 CITY MANAGER will accumulate sick leave and may cash out leave as provided under the rules and regulations for other managerial employees of the CITY. 11.7 CITY MANAGER is eligible to receive reimbursement for educational expenses toward the attainment of a Master's Degree, in an amount not to exceed Five Thousand Two Hundred Fifty Dollars [$5,250.00], per calendar year. Appointment Agreement — Daniel Dugger Page 4 of 7 692 11.8 The CITY will pay for the registration, travel and subsistence expenses of the CITY MANAGER for professional and pfficial travel and meetings to continue the professional development of the CITY MANAGER and to pursue necessary official and other functions for the CITY including but not limited to his attendance at the Annual Conference of the International City/County Management Association, and conferences and meetings sponsored by the Florida City/County Management Association, and such other national, regional, state, and local organizations, civic groups, and committees which the CiTY MANAGER of the CITY is a member and as the CiTY may designate. 11.9 CITY will pay for the registration, travel and subsistence expenses of the CITY MANAGER for short courses, institutes, and seminars that are necessary for this professional development and the good of the CiTY. 11.10 The CITY will pay for the professional dues and subscriptions of CITY MANAGER necessary for his continuation and full participation in national, regional, state and local associations, civic groups, committees, and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the CITY, including but not limited to ICMA, FCCMA, PBCCMA. 11.11 The CITY will provide the CITY MANAGER with a clothing allowance in the amount of One Thousand Five Hundred Dollars [$1,500.00], payable in quarterly installments of Three Hundred Seventy-five Dollars [$375.001. 12.0 Reimbursable Business Ex, enses 12.1 CITY will reimburse CITY MANAGER for all business-related expenses upon presentation to the Finance Director of duly executed expense vouchers, receipts, statement or personal affidavits. 13.0 Outside ttiv"tieS 13.1 The appointment provided for by this Agreement shall be the CITY MANAGER's primary employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the CITY and the community, the CITY MANAGER may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements must neither constitute interference with nor a conflict of interest with his responsibilities under this Agreement. 14.0 Indemnification 14.1 CITY shall defend, hold harmless from, and indemnify CITY MANAGER against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of CITY MANAGER's duties as CITY MANAGER. CITY shall either compromise and settle any claim or suit or pay the amount of any judgment against CITY MANAGER rendered thereon, if not compromised and settled. 14.2 CITY reserves the right to select, appoint, retain, and discharge legal counsel necessary to provide the foregoing defense. AppdntmentAgmement—OmWelOugger Page s of r 693 15.0 Bonding 15.1 CITY shall bear the full cost of any fidelity or other bonds required of the CITY MANAGER under any law or ordinance. 16.0 Other Terms and Conditions of A ointment 16.1 The CITY has appropriated funds of the CITY in an amount sufficient to fund and pay all financial obligations of the CITY MANAGER pursuant to this Agreement, including but not limited to, the Severance and other benefits set forth above. 16.2 The COMMISSION, in consultation with the CITY MANAGER, shall fix such other terms and conditions of appointment, as it may determine from time to time, relating to the performance of CITY MANAGER, provided such terms and conditions are not inconsistent with or in conflict with the provisions of the Agreement, the City Charter or any other law but no subsequent agreement that would modify monetary benefits is binding on the parties unless reduced to writing and approved and signed with the same formalities as this Agreement. 16.3 There are no established hours of workfor the CITY MANAGER. The CITY MANAGER shall dedicate himself to the tasks necessary to effectively and efficiently manage the affairs of the CITY. The CITY MANAGER may adjust his regular work schedule to balance the demands of extended business days and night meetings, upon reasonable notice to the COMMISSION. 16.4 The CITY will provide the CITY MANAGER with a laptop computer or other similar electronic devices suitable for on and offsite business use. 17.0 %%din Effect 17.1 The Agreement shall be binding on the CITY and CITY MANAGER and the successors, assigns, and heirs of each respectively. 17.2 The effective date of the Agreement shall be the date It is last signed by either the CITY or the CITY MANAGER. End of Agreement - Signature Page Follows Appointment Agreement — Dontet Dugger Page s af7 694 IN WITNESS WHEREOF, the parties sign and execute this Agreement. Witness Ill ss ,r Witness witness Ap a as � Fors Michael D. Ci 'illo, Jr. City Attorney CITY OF BOYNTON BEACH, FLORIDA Ty.—. Mayor 1�1 -- Dated: y 2� CITY MANAGER MM �, Daniel` Dated:_ .. J 9 OAI B 4� r�••�a Appointment Agreement — Daniel Dogger Pape 7 of 7 695 NAME OF EVALUATOR: ANNUAL EVALUATION PROCESS: 1. The Mayor and each City Commissioner is requested to complete the evaluation form based on his/her assessment of the City Manager in ten major areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and six (6) comment areas are also included. 2. The Mayor and each City Commissioner shall discuss the evaluation individually with the City Manager at a Performance Conference. Preliminary scores may be adjusted as a result of the discussion. There is a "Comments" section below each question for clarification purposes, if necessary. 3. The performance evaluation shall be reviewed at a Commission meeting at which point the City Commission shall consider an increase in the Manager's compensation. INSTRUCTIONS: Rating Scale: Each question is followed by a rating scale. Raters may circle the selected performance indicator (1, 2, 3,4 ors) or place an 'W"along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED 697 CITY MANAGER'S TEN MAJOR AREAS OF RESPONSIBILITY I. Organizational Management 1. Leadership: Does the City Manager motivate others to maximum performance? Is the City Manager respected as demanding but fair? Is the City Manager providing the necessary assistance to the Board and leadership to the City's staff and volunteers? Does the City Manager get enthusiastic response to his/her new ideas and needed organizational changes? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 2. Supervision: Does the City Manager adequately supervise and direct the activities of the Department Heads and staff? Is the City Manager able to control the operational activities of the City through others? 3. Job Organization: Does the City Manager delegate responsibility effectively? Does the City Manager use his/her time productively? Does the City Manager program activities in an orderly and systematic way? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 2 of 15 .•: 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 3. Job Organization: Does the City Manager delegate responsibility effectively? Does the City Manager use his/her time productively? Does the City Manager program activities in an orderly and systematic way? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 2 of 15 .•: 4. Staff Development: Does the City Manager appoint and train effective subordinates? Is the City Manager able to recruit and retain quality employees? Is the Manager committed to having City staff operate well as a team? Does (s)he effectively develop Department Heads and staff members? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations II. Fiscal/Business Management 5.0 Exceeds Expectations 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the City Manager carry out the budget satisfactorily and control expenses within the levels set in the budget? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topics and reports for the City Commission? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 3 of 15 7. Financial Reporting: Does the Manager provide periodic financial reports in a well- designed, informative and understandable format? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the City? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 9. Productivity: Can the Manager be depended on for sustained productive work? Does the Manager readily assume responsibility? Does the Manager meet time estimates within his/her control? Page 4 of 15 700 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 4 of 15 700 III. Program Development and Follow -Through 10. Execution of Policy: Does the City Manager understand and comply with the overall policies, laws and philosophy of the City? Do his/her efforts lead towards successful accomplishment of goals? Does the City Manager measure results against goals and take corrective action? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 11. Program Development: Does the Manager translate policies and objectives into specific and effective programs? Does the Manager independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? 12. Imagination - Initiative: Does the City Manager show originality in approaching problems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory Page 5 of 15 4.0 Meets Expectations 5.0 Exceeds Expectations 701 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 12. Imagination - Initiative: Does the City Manager show originality in approaching problems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory Page 5 of 15 4.0 Meets Expectations 5.0 Exceeds Expectations 701 IV. Communication 13. Communication: Does the City Manager keep appropriate people informed? Does the City Manager present his/her thoughts in an orderly and understandable manner? Is the City Manager able to be persuasive? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 14. Reporting: Does the City Manager submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the City? 1.0 Unsatisfactory COMMENTS: 2.0 3.0 Below Satisfactory Expectations 4.0 5.0 Meets Exceeds Expectations Expectations 15. Commission Communication: Does the Manager provide the Commission with adequate information to make decisions? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 6 of 15 702 16. Written Communication: How effective are the Manager's letters, memoranda and other forms of written information? 1.0 Unsatisfactory COMMENTS: 2.0 3.0 Below Satisfactory Expectations 4.0 5.0 Meets Exceeds Expectations Expectations V. Relationship with the Mayor/ Commission 17. Response to Commission: Does the Manager respond in a positive way to suggestions and guidance from the Commission? Is the Manager attuned to the Commissions' attitudes, feelings and needs? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: VI. Long Range Planning 18. Strategic Planning: Does the Manager help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the City? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory Page 7 of 15 4.0 Meets Expectations J.V Exceeds Expectations 703 19. Economic Development: Does the Manager demonstrate leadership and vision in promoting the economic development of the City while maintaining concerns for "quality of life" issues? 20. Multi -Year Approach: Is the City Manager helping the City Commission to address the City's future through multi-year planning and appropriate capital budgeting? 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: 4.0 5.0 Meets Exceeds Expectations Expectations VII. Relationship with Public/Public Relations 21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the City Manager properly convey the policies and programs of the City? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 20. Multi -Year Approach: Is the City Manager helping the City Commission to address the City's future through multi-year planning and appropriate capital budgeting? 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: 4.0 5.0 Meets Exceeds Expectations Expectations VII. Relationship with Public/Public Relations 21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the City Manager properly convey the policies and programs of the City? Page 8 of 15 704 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 8 of 15 704 22. Community Reputation: What is the general attitude of the community to the Manager? Is the City Manager regarded as a person of high integrity and ability? Is his/her public credibility an asset or liability to the City? VIII. Intergovernmental Relations 23. Intergovernmental Relations: Does the Manager work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among various local agencies and the City? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory Page 9 of 15 4.0 Meets Expectations 5.0 Exceeds Expectations 705 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: VIII. Intergovernmental Relations 23. Intergovernmental Relations: Does the Manager work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among various local agencies and the City? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory Page 9 of 15 4.0 Meets Expectations 5.0 Exceeds Expectations 705 IX. Professional/ Personal Development 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rational and impersonal viewpoint based on facts and qualified opinions? Is the City Manager able to divide his/her personal feelings from those which would most effectively convey the City's interest? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 25. Professional Reputation: How does the Manager stand among his/her colleagues? Does the City Manager deal effectively with other public managers? Is the City Manager respected by professional and staff representatives of other cities and counties? Does the City Manager attend and participate in seminars and conferences for professional development? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager respond well to stressful situations and adequately deal with the stress inherent to the position? Page 10 of 15 706 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 10 of 15 706 X. Personal Attributes 27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations 40]did IN\YKI 28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does the City Manager have an enthusiastic attitude toward the City, both professionally and personally? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job? Does the City Manager have good initiative and is the City Manager a self-starter? Does the City Manager have good mental and physical stamina? 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory Page 11 of 15 4.0 Meets Expectations J.V Exceeds Expectations 707 30. Judgment and Decisiveness: Is the City Manager able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the City Manager exercise good judgment in making decisions and in his/her general conduct? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics? Is the City Manager honest and forthright in his/her professional capacities? Does the City Manager have a reputation in the community for honesty and integrity? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 32. Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to be honest with himself/herself and take constructive criticism? Does the City Manager take responsibility for mistakes which are his? Is the City Manager confident enough to make decisions and take actions as may be required without undue supervision from the Commission? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory Page 12 of 15 4.0 Meets Expectations 5.0 Exceeds Expectations 708 OVERALL PERFORMANCE IMPRESSION: 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Strengths: Based upon your overall evaluation of the City Manager, what areas would you list as his/her strong points as a manager? Improvements suggested: Based upon your evaluation, what areas would you suggest the City Manager work on to improve his/her skills and to be more effective in specific areas or situations? Commendations: Area(s) of performance calling for prais%ommendation. Page 13 of 15 709 Page 14 of 15 710 Comment Areas 1. What are the manager's most significant accomplishments during the past year? 2. What are the manager's strongest qualities? 3. In what areas does the manager need to improve? Recommendations. 4. Two things the manager does that you would like him/her to continue. S. Two things the manager does that you would like him/her to discontinue. 6. Two things the Manager does not do you would like him/her to start. Page 14 of 15 710 Performance Evaluation for the City Manager Signature Page Evaluator's Signature Evaluator's Printed Name City Manager's Signature City Manager's Comments: Date Performance Conference Date: Page 15 of 15 Date 711 r 21 P3 _ used Building, 30'-0" HT )posed Landscape Screening Proposed Cash Wash Bay North Elevation SCHMIDT NICHOLS U.6 o Lu O 0 0 � � m C� c C o c T N m° 0 SNS i S��nM ss SNS LANDSCAPE EXHIBIT NORTH ELEVATION LP -4 of 4 PI ANTIN(—, F)FTAIIS I AT. PLANTING DETAIL LA 111GITI PLANTING DETAIL ....... . ....... .11LTIINI TREE PLANTING DETAIL SHRUB AND GROUNDCOVER PLANTI NG DETAIL TREE PLANTING DETAIL SCHMIDIIT NICHOLS 1551 N DI, Sle 102 0� 6%N�,p2,n ,2 LANDSCAPE SPECIRCA11ONS LP -3 O,, LANDSCAPE NOTES I m SAFE SIGHT DETAIL �,.. IRRIGATION NOTES SUSTAINABLE POINTS IN��I �I�oImKI�I �� A o EXISTING TREE KEYx cmi �.w.aa.' OI °"�.'r a'a� ,I .�,. eimxE.Ree xs�su elan LANDSCAPE PLAN LP -2 114 „a MAP p TREE DISPOSITION KEY OT,eeloeeRelo�aled T,eeloeeRemo�ed �;oDetlo�a, o,.eo......... p TREE REMOVALS TREE PROTECTION DETAIL I t,ln, �PmdoA.a� TREE DISPOSITION CHART .a�a.' olcr'1r a�a� DRAWING INDEX LP -1 Tree Monogem- Plan LP -2 Landsmpe Plan LP -3 Landsmpe Speclficailons s WOOLBRIGHT RD I aZa� aW� � 1 SCHMI T NICHOLS 1551 N 10L1l,one 51L III 611L TREE MANAGEMENT PLAN LP -1 of4