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Agenda 09-03-24The City of Boynton Beach City Commission Agenda Tuesday, September 3, 2024, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Ty Penserga, Mayor (At Large) Aimee Kelley, Vice Mayor (District IV) Angela Cruz, Commissioner (District I) Woodrow L Hay, Commissioner (District II) Thomas Turkin, Commissioner (District III) Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk City Commission Meeting and First Budget Hearing 6:00 PM *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. 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 1.Openings A.Call to Order - Mayor Ty Penserga 2.Other A.Information Items by members of the City Commission. B.Commission discussion and presentation by Poonam Kalkat on proposed utility rates and tier revisions for FY 24-25. (Tabled from August 20, 2024) 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 Live-To-Air 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: Welcome to Live-To-Air, the City of Boynton Beach's remote contribution platform that allows you to participate in our meetings from anywhere in the world. To watch the live broadcast, visit the official City of Boynton Beach website. (https://www.boynton-beach.org) or YouTube channel (https://www.youtube.com/@cityofboynton). If you are following the agenda and want to speak specifically during the agenda item labeled “Public comments”, you are permitted to start the connectivity process during the item that precedes public comments to ensure that all contributors are in que, screened and ready when that segment of the agenda is presented, or please wait until your topic of concern is being discussed before requesting to join the meeting for public comment. 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 Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Roll Call. Invocation by Commissioner Woodrow Hay. Pledge of Allegiance to the Flag led by Commissioner Angela Cruz. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Presentation requested by Commissioner Cruz. 3 C.Proposed Resolution No. R24-189- Adopt the proposed millage rate for the General Fund for Fiscal Year 2024-2025. Proposed Resolution No. R24-190- Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2024- 2025. D.Proposed Resolution No. R24-191- Annual Comprehensive Fee Schedule Rate Changes for Fiscal Year 2024-2025. E.Proposed Resolution No. R24-192- Adopting the final fire assessment fee for fiscal year 2024-2025. 3.Announcements, Community and Special Events And Presentations A. The City Commission is recognizing the East Boynton Beach Little League 11 and Under team for winning the 2024 Florida State Championship title. These talented players beat Keystone Little League 11 and Under Allstars 8-2 for the win. For all of their hard work, talent and determination, they make the city proud. B.State of Education Report by District 4 School Board Member Erica Whitfield. C.Report on FEMA Flood Zones by Richard Radcliffe, Executive Director, Palm Beach County League of Cities D.Proclamation- Hunger Action Month. E.Announce Second Budget Hearing. F.Announcement of the City of Boynton Beach 9/11 Ceremony Staff recommends approval of Proposed Resolution No. R24-189 and Proposed Resolution No. R24-190. Staff recommends approval of Proposed Resolution No. R24-191. Staff recommends approval of Proposed Resolution No. R24-192. Congratulations to the players Cash Brown, Dylan Fraga, Mason Gonzalez, Sylas Handy, Brayden Janisko, Elijah Marchione, Brent Mohl Jr., Anthony Robilio, Gio Stefano, Hutton Vidulich, Jackson Volz and Kaden Wong, as well as Coach Charlie, Coach Brent, Coach Eric and Manager Mario. District 4 School Board Member Erica Whitfield will give a report on the State of Education. Executive Director, Palm Beach County League of Cities will give a report on FEMA Flood Zones. Read and present the proclamation to Feeding South Florida, naming September 2024 as Hunger Action Month. The proclamation will be accepted by Amy Talbot, from Feeding South Florida. The Second Public Budget Hearing to adopt the FY 2024/25 Budget will be held during the City Commission Meeting on Thursday, September 23, 2024 at 6:00 P.M. in the City Commission Chambers. The City of Boynton Beach will host a 9/11 Memorial Ceremony on Wednesday, September 11, 2024, starting at 8:00 A.M. This commemoration will be held at Centennial Park at 120 E. Ocean Avenue next to City Hall to recognize the 23rd anniversary of the tragic events of September 11, 2001, and to honor the first responders whose lives were lost and the resilience demonstrated by the United 4 4.Public Audience 5.Administrative A.Community Support Funds. B.Discussion regarding changing the date of the first Commission meeting in November, due to the National Election. 6.Consent Agenda A.Proposed Resolution No. R24-193- Approve a 3-year, 36-month subscription agreement with AT&T to add SIP Lines (Session Initiation Protocol Lines) to the Police Department's Communication Center. The total amount for three years is $25,777.80 ($8,592.60/year). B.Proposed Resolution No. R24-194- Approve a Waiver of Deadline to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA), for the CRA District Streetscape/Lighting Improvements. C.Proposed Resolution No. R24-195- Approve a First Amendment to the Professional Services Agreement for Risk Management Information System Software Services with Origami Risk LLC for a three-year renewal period, and an annual expenditure not to exceed $95,410 per year and a total not to exceed amount of $286,230. D.Proposed Resolution No. R24-196- Approve a Third Amendment to the Interlocal agreement between The City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the improvements to the Historic Woman's Club of Boynton Beach. E.Proposed Resolution No. R24-197- Approving Modification No. 2 to Grant Agreement No. H0861 between the Florida Division of Emergency Management and the City of Boynton Beach extending the deadline six (6) months for Watershed Master Planning activities due to new State of Florida stormwater rule regulations. States in the face of adversity. This event is free and open to the public. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. 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). Approve Community Support Funds requests from Vice Mayor Kelley, Commissioner Turkin and Commissioner Hay. Discuss changing the first meeting in November, due to the National Election. Staff recommends shifting the meeting to November 6, 2024, based on availability of the Commission Chambers, or cancel the meeting. In addition, the National League of Cities Conference is November 12 - 16, 2024. Staff recommends approval of Proposed Resolution No. R24-193. Staff recommends approval of Proposed Resolution No. R24-194. Staff recommends approval of Proposed Resolution No. R24-195. Staff recommends approval of Proposed Resolution No. R24-196. 5 F.Proposed Resolution No. R24-198- Interlocal Agreement between the Palm Beach County Sheriff and the City of Boynton Beach pertaining to the Operation Stonegarden Grant Program. G.Proposed Resolution No. R24-199- Approve an easement located within the Hester Community Center site of 1901 N. Seacrest Blvd, Boynton Beach, FL 33435, at the request of Florida Power & Light Company. H.Proposed Resolution No. R24-200- Approve an Amendment to the Community Development Block Grant (CDBG) FY2020 to reprogram Planning and Administration CDBG Coronavirus leftover funds to provide Emergency Rental Assistance. I.Proposed Resolution No. R24-201- Subcontract Agreement - Bicycle and Pedestrian Focused Initiative with the Florida Department of Transportation (FDOT) through a grant with the University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM). J.Proposed Resolution No. R24-202- Approve the Collective Bargaining Agreement with Boynton Beach Association of Fire Fighters Florida Local 1891 of the International Association of Fire Fighters, AFL-CIO, CLC effective October 1, 2024 through September 30, 2027. K.Proposed Resolution No. R24-203- Approving the terms and conditions of the CLIO North American Terms of Service Agreement and the related Proposal (collectively the "Agreement") between the City of Boynton Beach and Themis Solutions, Inc. a/k/a CLIO to purchase and utilize the Contractor's products and services for legal technology services. L.Proposed Resolution No. R24-205- Adoption of the 2024-2029 Strategic Plan for the City of Boynton Beach. M.Commission Meeting Minutes. 7.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-204- Approve the renewal of insurance policy for Staff recommends approval of Proposed Resolution No. R24-197. Staff recommends approval of Proposed Resolution No. R24-198. Staff recommends approval of Proposed Resolution No. R24-199. Staff recommends approval of Proposed Resolution No. R24-200. Staff recommends approval of Proposed Resolution No. R24-201. Staff recommends approval of Proposed Resolution No. R24-202. Staff recommends approval of Proposed Resolution No. R24-203. Staff recommends approval of Proposed Resolution No. R24-205. Approve minutes from the August 6, 2024 City Commission Meeting. 6 property, liability, auto, and workers' compensation insurance coverage with Preferred Governmental Insurance Trust (PGIT) for the policy term: October 1, 2024, through September 30, 2025. 8.Public Hearing 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. 9.City Manager’s Report 10.Regular Agenda A.Proposed Ordinance No. 24-012- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Part II, Chapter 2, "Administration," Article II, "City Manager," Section 2-30 "Powers and Duties Generally," by creating a new subsection "K," authorizing the City Manager to execute certain contracts on behalf of the City; providing for codification, severability, conflicts, and an effective date. (Tabled from August 20, 2024). B.Proposed Ordinance No. 24-017- First Reading- An Ordinance of the City Commission for the City of Boynton Beach, Florida, amending the City of Boynton Beach's Code of Ordinances; Chapter 15 "Offenses- Miscellaneous*," Article IX "Community Appearance and Maintenance," Section 15-120 "Minimum Standards for Appearance and Maintenance of Public Property and Private Property;" providing for conflicts, severability, codification; and providing for an effective date.(Tabled from August 20, 2024). C.Proposed Ordinance No. 24-018- First Reading - An Ordinance of the City Commission of the City of Boynton Beach, Florida; Amending Chapter 18, Article IV, Pensions for Firefighters, Section 18-185 "Normal Retirement Date," of the City Code to Permit Normal Retirement at Twenty Years of Service by Removing the Second Tier Adopted in 2019. D.Proposed Ordinance No. 24-019- First Reading - Amending Part II of the Code of Ordinances, Chapter 26, "Water, Sewer, and City Utilities" to provide that all water, sewer, and City Utility fees, rates, and charges shall be set by the City Commission by resolution and authorizing an annual CPI adjustment, providing for conflicts, severability, codification, and an effective date. E.Discussion regarding formalized Tree Planting Program. F.Discussion regarding youth student attendance at a National League of Cities Staff recommends the approval of Proposed Resolution No. R24-204. Staff recommends approval of Proposed Ordinance No. 24-012, on first reading. Staff recommends approval of Proposed Ordinance No. 24-017, on first reading. Staff recommends approval of Proposed Ordinance No. 24-018, on first reading. Staff recommends approval of Proposed Ordinance No. 24-019, on First Reading. Requested by Mayor Penserga. 7 Conference, sponsored by the City. G.Update on ARPA Funds. H.Update on funds from the settlement with Town Square. I.Discussion regarding infrastructure, specifically paving in the City. 11.Future Agenda Items A.Discussion and review of draft cleanliness plan.- September 23, 2024 B.Discussion regarding adding a Sister City from Ireland. - October 1, 2024 C.Update on upgrades to water treatment plants to meet future drinking water regulations.- October 15, 2024 D.Discussion regarding Artificial Turf Ordinance.- October 15, 2024 E.Discussion regarding Procurement Policies and Procedures, including local business preference. - December 3, 2024 F.Discussion regarding additional digital signs. - January 21, 2025 G.Discussion regarding City entry way signage. - January 21, 2025 H.Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga I.Discussion regarding Rapid Re-housing Program.- Pending meeting with Mayor Penserga J.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz K.Discussion regarding Hazard Pay for Community Standards.- Pending meeting with Commissioner Cruz L.Discussion regarding requirements for Advisory Board Appointments.- Pending Requested by Commissioner Woodrow L. Hay. Requested by Mayor Penserga. Requested by Mayor Penserga. Requested by Commissioner Turkin and Commissioner Cruz. Requested by Mayor Penserga Requested by Vice Mayor Kelley. Requested by Mayor Penserga. Requested by Commissioner Turkin. Requested by Mayor Penserga and Commissioner Cruz. Requested by Commissioner Hay. Requested by Mayor Penserga. Requested by Mayor Penserga. Requested by Mayor Penserga. Requested by Commissioner Cruz. Requested by Commissioner Cruz. 8 meeting with Vice Mayor Kelley 12.Adjournment Requested by Vice Mayor Kelley. 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. 9 City of Boynton Beach Agenda Item Request Form 2.B Other 09/ 3/2024 Meeting Date: 09/ 3/2024 Commission discussion and presentation by Poonam Kalkat on proposed utility rates and tier revisions for FY 24-25. (Tabled from August 20, 2024) Requested Action: Presentation requested by Commissioner Cruz. Attachments: Utilities Rate Structure (Commission Presentation 06.24.24)v2 (002).pptx Utilities Rate Tier Structure Comparison 082024.pptx 10 Rate StructureRevisions Dr. Poonam K. Kalkat Utilities Director July 8, 2024 Ryan Smith Rate Consultant 11 Recommendations •Miscellaneous Fees: Implement Cost-of-Service Justified Fees •Wastewater Billing Cap: Increase Billing Cap From 7,000 Gallons to 10,000 Gallons. Consistent With Other Neighboring Utilities. •Revised Commodity Tiers: Link Tier Increments to City’s Level-of- Service (250 Gallons Per Day) = 7,000 Gallons Per Tier •Customer Impact: 81% of Residential Consumers Will Not See An Increase To Their Water Or Wastewater Bills Purpose • Analyses Conducted to Evaluate Specific Charges and Rate Structures Which May Be Deficient or Outside of Industry Norms 12 Miscellaneous Fees • Proposed Fees Calculated to Recover Actual Cost of Providing One-Time Services. • Analysis Process –Conduct Staff Interviews, Identified Materials and Equipment Utilized, And Identified System Overhead Example Calculation - ¾ Inch Meter Connection Fee Identified Costs Labor and Personnel Related $170.48 Vehicle and Equipment $51.41 Meter and Parts $282.29 Overhead and Administrative $139.93 Calculated Costs $644.11 Recommended Fee $645.00 13 Residential Wastewater Billing Cap • Increase Wastewater Billing Cap From 7,000 to 10,000 Gallons • 81% of Residential Customers will see no impact to their bill. Comparison of Wastewater Billing Caps Surveyed Utilities Billing Cap Delray 10,000 Sea Coast Utilities 10,000 Pompano Beach 10,000 West Palm Beach 12,000 Lake Worth 12,000 Broward County 15,000 Wellington 15,000 Palm Beach County All Gallons Riviera Beach All Gallons 14 Alternative Water Commodity Tiers • Link Tiers To City’s Level-of-Service (250 gallons-per-day) • Capacity Purchased At Time of Development • No Increases to water rates • This adjustment will not affect 81% of residential customers. • High use residential and commercial customers will experience increase in their monthly bills. Water Commodity Charge Fiscal Year 2024 (Existing) Fiscal Year 2025 (Proposed) Tier 1 – $1.90 0-9,000 Gallons 0-7,000 Gallons Tier 2 – $3.40 9,001-30,000 Gallons 7,001-14,000 Gallons Tier 3 – $4.55 30,001-50,000 Gallons 14,001-21,000 Gallons Tier 4 – $5.60 50,001 Gallons and Up 21,001 Gallons and Up 15 Alternative Water Commodity Tiers – Commercial Impact • Alternative Tiers Reduce Average Revenue Differential Between Residential and Commercial Customer Classes. • Graph Below Represents the Amount a Typical Customer Pays per 1,000 Gallons. 16 Revised Tiers – Residential Impact 17 Residential Bill Comparison • 1 Year Change to Other Utility Average = 6.27% 18 Estimated Annual Revenue Impact Estimated Annual Revenues From Recommendations Miscellaneous Fees $250,000 Alternative Water Commodity Tiers $600,000 Wastewater Billing Cap $1,500,000 Total Estimated Annual Revenue Impact $2,350,000 19 Questions and Answers Ryper Water Analytics Ryan Smith Ryan@Ryperwater.com (407) 537-9878 Thank you! 20 Rate and TierStructureComparison Dr. Poonam K. Kalkat Utilities Director August 20, 2024 21 Commodity Tier Comparison to Neighboring Utilities Utility Tier 1 Tier 2 Tier 3 Tier 4 Boynton Beach -Proposed 0-7,000 7,001-14,000 14,001-21,000 21,001 and Up Other Neighboring Utilities Palm Beach County 0-4,000 4,001-10,000 10,001-25,000 25,001 and Up Wellington 0-6,000 6,001-14,000 14,001-25,000 25,001 and Up Palm Beach Gardens (Seacoast)0-6,000 6,001-30,000 30,001 and Up West Palm Beach 0-7,500 7,501-13,000 13,001-28,000 28,001 and Up Boynton Beach –Existing 0-9,000 9,001-30,000 30,001-50,000 50,001 and Up Pompano Beach 0-10,000 10,001-15,000 15,001-25,000 25,001 and Up Delray 0-12,000 12,001-25,000 25,001 and Up Boca Raton 0-25,000 25,001 and Up 22 Monthly Water & Wastewater Bill Comparison to Other Neighboring Utilities Monthly Gallons Boynton Existing Boynton Proposed Boca Raton West Palm Delray Palm Beach Gardens Pompano Wellington Palm Beach County 0 $35.46 $35.46 $93.95 $39.39 $35.85 $54.35 $36.23 $52.45 $38.21 1,000 $39.81 $39.81 $94.97 $49.20 $40.39 $58.30 $43.56 $58.32 $43.00 2,000 $44.16 $44.16 $96.00 $59.02 $44.92 $62.26 $50.89 $64.20 $47.78 3,000 $48.51 $48.51 $97.02 $68.83 $49.45 $66.21 $58.22 $70.07 $52.57 4,000 $52.86 $52.86 $98.05 $78.64 $53.98 $70.17 $65.55 $75.94 $57.36 5,000 $57.21 $57.21 $99.07 $88.45 $58.51 $74.12 $72.88 $81.82 $64.87 6,000 $61.56 $61.56 $100.09 $98.27 $63.04 $78.08 $80.21 $87.69 $72.38 7,000 $65.91 $65.91 $101.12 $109.00 $67.57 $84.21 $87.54 $95.05 $79.90 8,000 $67.81 $71.76 $102.14 $119.74 $72.11 $90.35 $94.87 $102.41 $87.41 9,000 $69.71 $77.61 $103.17 $130.47 $76.64 $96.48 $102.20 $109.77 $94.93 10,000 $73.11 $81.01 $104.19 $141.21 $81.17 $102.56 $109.53 $117.13 $102.44 11,000 $76.51 $84.41 $105.22 $151.94 $85.70 $107.71 $114.00 $124.49 $111.27 12,000 $79.91 $87.81 $106.24 $162.68 $90.23 $112.85 $118.47 $131.85 $120.09 13,000 $83.31 $91.21 $107.27 $174.24 $94.29 $118.00 $122.94 $139.21 $128.92 Green Designated Lowest Monthly Bill at Each Usage Level 23 FY-2025 Other Neighboring Utility Rate Increases Fiscal Year 2025 Other Surveyed Utility Rate Adjustments West Palm Beach, City of 1.00% Boca Raton, City of 3.50% Palm Beach County 4.95% Palm Beach Gardens, City of (Seacoast Utility Authority)5.20% Delray, City of 6.90% Pompano Beach, City of 10.00% Wellington, Village of 10.00% Average Rate Adjustment 5.94% 24 Residential Bill Comparison • 1 Year Change to Other Utility Average = 6.27% 25 Questions and Answers Thank you! Dr. Poonam K. Kalkat Utilities Director 26 City of Boynton Beach Agenda Item Request Form 2.C Other 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-189- Adopt the proposed millage rate for the General Fund for Fiscal Year 2024-2025. Proposed Resolution No. R24-190- Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2024-2025. Requested Action: Staff recommends approval of Proposed Resolution No. R24-189 and Proposed Resolution No. R24-190. Explanation of Request: Staff will provide a budget overview presentation. As a result of the Budget Workshops held on July 8-11, 2024 the City Commission approved a proposed millage rate of 7.80 mills and a proposed General Fund budget of $130,208,334. The proposed updated FY 24/25 General Fund Budget of $130,318,620 is an increase of 9.5% or $11,342,218 over the amended adopted FY 23/24 General Fund Budget of $118,976,402. Based on changes to the state shared revenue projections and direction from the Commission during the July budget workshops, the following changes have been incorporated into the proposed budget: 1) The General Fund 001 increased from $130,208,334 to $130,201,096. The City's State Shared Revenue Projections provided by the State were received in August and resulted in a decrease of $159,221 plus the Sales Tax revenues were reduced by $144,167. Additionally, there was an decrease to Ad Valorem Taxes due to the proposed reduction in millage rate (at 7.80) which lowered net revenues by $376,648. The proposed Fire Assessment fee an increase from $120 to $145 - resulted in additional net revenues of $1.3M. The difference in revenues and expenditures resulted in no appropriation of Fund Balance. 2) The Traffic Fund 103 budget was increased from $9,697,002 to $9,711,402 due to the Police Career Officer Program, salaries increased by $14,400. 3) The Community Improvement Fund 122 budget was increased from $265,361 to $270,361 due to salary adjustment for the Construction Coordinator position. 4) The Building Fund 130 budget was increased from $4,528,782 to $4,668,328 due to salary cost allocations for engineers in the amount of $139,546. 27 5) The Parks & Recreation Trust Fund 141 was increased from $87 to $1,280,087 due to revenue growth (from Villages at East Ocean North and Shalimar) and a CIP transfer of a $1.28M to fund Little League and other capital improvement projects. 6) Establishment of budget for the Police Impact Trust Fund 142 for $200,000 - budget will be transferred to the Fleet Fund to aide Police vehicle purchases. 7) The Capital Improvement Fund 302 was increased rom $4,361,975 to $17,730,630 mainly due to various project changes (see Exhibit A). The Surtax Capital Fund 303 was decreased from $6,828,643 to $3,117,343 due to moving projects to the Capital Improvement Fund 302. 8) The Utility CIP Fund 403 was decreased from $41,225,000 to $37,921,500 and Capital Expansion Fund 404 was decreased from $3,100,000 to $2,000,000 all due to various projects (see Exhibit A). 9) The Golf Fund 411 was increased from $3,793,150 to $3,813,150 all related to operational cost for irrigation, cart rental, personnel, etc. by $20K. 10) The Solid Waste 431 was increased from $15,723,660 to $15,863,206 all related to salary allocation for engineers by $139K 10) Increased Cemetery Fund from $458,474 to $517,644 due to $59,170 for Parks Maintenance Worker position. How will this affect city programs or services? The annual budget provides appropriations to provide City services. Fiscal Impact: Budgeted. Adoption of the millage rate and budget allows for appropriations to provide City services. Attachments: R24-189 Agenda_Item_2019-2023_Proposed_Millage_- _Reso_September_3_2024_REV_.docx R24-190 Agenda_Item_2019-2023_Tentative_Budget_-_Reso_- _September_3_2024__REV_.docx Proposed Budget CIP Spreadsheet (302) 8.1.24 (v2).pdf Commission Presentation New Template_FY 2024 1st Public Hearing (Sept. 3, 2024).pdf Proposed Budget CIP Spreadsheet (303) 8.1.24 (v2).pdf Proposed Budget CIP Spreadsheet (403 & 404) 8.1.24.pdf 28 RESOLUTION R24-1891 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 3 ADOPTING A PROPOSED MILLAGE RATE FOR THE CITY'S 4 GENERAL OPERATING FUND FOR THE FISCAL YEAR 5 BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 6 2025, ANNOUNCING THE PERCENT, IF ANY, THE PROPOSED 7 MILLAGE RATE EXCEEDS THE ROLLED-BACK RATE; 8 ANNOUNCING THE DATE, TIME AND PLACE OF THE SECOND 9 AND FINAL PUBLIC HEARING ON THE BUDGET AND MILLAGE 10 RATE; PROVIDING FOR SEVERABILITY, CONFLICTS AND 11 PROVIDING AN EFFECTIVE DATE.12 13 WHEREAS,a tentative budget has been prepared estimating expenditures and 14 revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed 15 information, including revenues to be derived from sources other than ad valorem levy and 16 the administrative staff of the City has made recommendations as to the amount necessary 17 to be appropriated for the ensuing year; and18 WHEREAS,the City Commission has conducted a public hearing regarding the 19 proposed millage necessary to be levied to carry on the government of the City for the fiscal 20 year 2024-2025 and has also discussed the tentative budget; and21 WHEREAS,the City of Boynton Beach, Florida, has followed the procedures as 22 outlined in Section 200.065, Florida Statutes.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 proposed Millage Rate for the 2024-2025 Fiscal Year shall be 29 7.800 for the General Fund.30 Section 3.A copy of the tentative budget shall be published in one issue of a 31 newspaper published in Palm Beach County, Florida, and at the same time the public will be 32 notified of a public hearing to be held on the ____ day of September, 2024, at 6:00 P.M. for the 33 purpose of hearing suggestions, agreements, objections or criticisms of the tentative budget 34 and millage. This meeting is for the purpose of setting a final tax levy and final budget.35 36 29 Section 4.The proposed millage rate is 5.08% above the computed rolled-back37 rate of 7.4229.38 Section 5.If any clause, section, or other part of this Resolution shall be held by 39 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 40 invalid part shall be considered as eliminated and shall in no way affect the validity of the 41 other provisions of this Resolution.42 Section 6.All resolutions or parts of resolutions in conflict herewith are hereby 43 repealed to the extent of such conflict.44 Section 7.This Resolution shall become effective immediately upon passage.45 PASSED AND ADOPTED this 3rd day of September, 2024.46 CITY OF BOYNTON BEACH, FLORIDA47 48 YES NO49 50 Mayor – Ty Penserga __________51 52 Vice Mayor – Aimee Kelley __________53 54 Commissioner – Angela Cruz __________55 56 Commissioner – Woodrow L. Hay __________57 58 Commissioner – Thomas Turkin __________59 60 VOTE ______61 62 ATTEST:63 64 ___________________________________________________________65 Maylee De Jesús, MPA, MMC Ty Penserga66 City Clerk Mayor67 68 APPROVED AS TO FORM:69 (Corporate Seal)70 71 _______________________________72 Shawna Lamb73 City Attorney74 30 1 RESOLUTION R24-1901 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 ADOPTING A TENTATIVE BUDGET FOR THE FISCAL YEAR 4 BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 5 2025; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN 6 EFFECTIVE DATE.7 8 WHEREAS,a tentative budget has been prepared by the City Manager estimating 9 expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing year, with 10 detailed information, including revenues to be derived from sources other than the ad 11 valorem tax levy, and has made recommendations as to the amount necessary to be 12 appropriated for the ensuing year; and13 WHEREAS,the City Commission has conducted a public hearing regarding the 14 proposed millage necessary to be levied to carry on the government of the City for the fiscal 15 year 2024-2025 and has also discussed the tentative budget. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 17 BOYNTON BEACH, FLORIDA:18 Section 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption 20 hereof. 21 Section 2.That the tentative budget of the City of Boynton Beach, Florida, for the 22 fiscal year beginning October 1, 2024, and ending September 30, 2025, a copy of which is 23 attached hereto as Exhibit A, is hereby adopted, and the appropriations set out therein are 24 hereby made to maintain and carry on the government of the City of Boynton Beach, Florida.25 Section 3.There is hereby appropriated the sum of $130,318,620 to the General 26 Fund for the payment of operating expenditures, transfers to other funds, and necessary 27 capital outlays for the City Government pursuant to the terms of the above budget.28 Section 4.That there is hereby appropriated the sum of $9,711,402 to the Traffic 29 Safety Special Revenue Fund for the payment of operating expenditures, transfers to other 30 funds, and necessary capital outlays.31 32 31 2 Section 5.That there is hereby appropriated the sum of $1,150,646 to the Local 33 Option Gas Tax Special Revenue Fund for the payment of operating expenditures, transfers 34 to other funds, and necessary capital outlays.35 Section 6.That there is hereby appropriated the sum of $270,361 to the 36 Community Improvements Special Revenue Fund for the payment of operating 37 expenditures, transfers to other funds, and necessary capital outlays.38 Section 7.That there is hereby appropriated the sum of $100,035 to the Green 39 Building Fund for the payment of operating expenditures, transfers to other funds, and 40 necessary capital outlays41 Section 8.That there is hereby appropriated the sum of $4,668,328 to the 42 Building Special Revenue Fund for the payment of operating expenditures, transfers to 43 other funds, and necessary capital outlays.44 Section 9.That there is hereby appropriated the sum of $472,529 to the Public 45 Arts Special Revenue Fund for the payment of operating expenditures, transfers to other 46 funds, and necessary capital outlays.47 Section 10.That there is hereby appropriated the sum of $411,377 to the 48 Recreation Program Special Revenue Fund for the payment of operating expenditures, 49 transfers to other funds, and necessary capital outlays.50 Section 11.That there is hereby appropriated the sum of $12,036,834 to the Public 51 Service Tax Debt Service Fund for the purpose of payment operating expenditures, 52 transfers to other funds, and the principal and interest due on the public service tax bonds 53 of the City not subject to statutory exemptions and for redeeming such bonds as they mature.54 Section 12.That there is hereby appropriated the sum of $17,730,630 to the 55 General Capital Improvement Capital Projects Fund for the payment of transfers to other 56 funds and capital outlays pursuant to the terms of the above budget.57 Section 13.That there is hereby appropriated the sum of $3,711,343 to the Local 58 Government Surtax Capital Projects Fund for the payment of transfers to other funds and 59 capital outlays pursuant to the terms of the above budget.60 Section 14.That there is hereby appropriated the sum of $1,280,087 to the Parks 61 32 3 & Recreation Facilities Trust Fund for the payment of transfers to other funds and capital 62 outlays pursuant to the terms of the above budget.63 Section 15.That there is hereby appropriated the sum of $62,691,124 to the Water 64 and Sewer Utility Enterprise Fund for operating expenditures, debt service, transfers to 65 other funds, and necessary capital outlay. 66 Section 16.That there is hereby appropriated the sum of $39,921,500 to the Water 67 and Sewer Utility Capital Improvement Enterprise Fund for the payment of capital outlays 68 pursuant to the terms of the above budget.69 Section 17.That there is hereby appropriated the sum of $3,813,150 to the Golf 70 Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary 71 capital outlays.72 Section 18.That there is hereby appropriated the sum of $200,186 to the Golf 73 Course CIP Fund for the payment of capital outlays pursuant to the terms of the above 74 budget.75 Section 19.That there is hereby appropriated the sum of $15,863,206 to the Solid 76 Waste Enterprise Fund for the payment of operating expenditures, transfers to other funds77 and necessary capital outlays.78 Section 20.That there is hereby appropriated the sum of $13,504,684 to the Fleet 79 Maintenance Internal Service Fund for the payment of operating expenditures, transfers to 80 other funds, and necessary capital outlays.81 Section 21.That there is hereby appropriated the sum of $572,062 to the 82 Materials & Distribution Internal Service Fund for the payment of operating expenditures, 83 transfers to other funds, and necessary capital outlays.84 Section 22.That there is hereby appropriated the sum of $6,679,599 to the Self-85 Insurance Internal Service Fund for the payment of operating expenditures, transfers to 86 other funds, and necessary capital outlays.87 Section 23.That there is hereby appropriated the sum of $1,969,003 to the 88 Benefits Fund for the payment of operating expenditures, transfers to other funds, and 89 necessary capital outlays.90 33 4 91 Section 24.That there is hereby appropriated the sum of $517,644 the Cemetery 92 Special Revenue Fund for the payment of operating expenditures, transfers to other funds, 93 and necessary capital outlays. 94 Section 25.That there is hereby appropriated the sum of $200,000 the Police 95 Impact Trust Fund for the payment of operating expenditures, transfers to other funds, and 96 necessary capital outlays. 97 Section 26.A copy of the tentative budget summary shall be published in 98 accordance with Section 50.011, Florida Statutes. At the same time the public will be notified 99 of a public hearing to be held on the _______ day of September, 2024, at 6:00 P.M. for the 100 purpose of hearing suggestions, agreements, objections or criticisms of the final budget and 101 millage. This meeting is for the purpose of setting a final ad valorem tax levy and final budget.102 Section 27.All delinquent taxes collected during the ensuing fiscal year as 103 proceeds from levies of operation millage of prior years are hereby specifically appropriated 104 for the use of the General Fund.105 Section 28.If any clause, section, or other part of this Resolution shall be held by 106 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 107 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 108 remaining portions of this Resolution.109 Section 29.All Resolutions or parts of Resolutions in conflict herewith are hereby 110 repealed to the extent of such conflict.111 Section 30.This Resolution shall become effective immediately upon passage.112 113 34 5 PASSED AND ADOPTED this 3rd day of September, 2024.114 115 CITY OF BOYNTON BEACH, FLORIDA116 117 YES NO118 119 Mayor – Ty Penserga __________120 121 Vice Mayor – Aimee Kelley __________122 123 Commissioner – Angela Cruz __________124 125 Commissioner – Woodrow L. Hay __________126 127 Commissioner – Thomas Turkin __________128 129 VOTE ______130 131 132 ATTEST:133 134 135 ___________________________________________________________136 Maylee De Jesús, MPA, MMC Ty Penserga137 City Clerk Mayor138 139 APPROVED AS TO FORM:140 (Corporate Seal)141 142 ______________________________143 Shawna Lamb144 City Attorney145 35 CITY OF BOYNTON BEACH FUND 302 CIP BUDGET FY 2024‐25 CAPITAL IMPROVEMENT PLAN PROJECT NAME FY24‐25 Proposed  Budget (Post)  FY25‐26 Plan   FY26‐27 Plan   FY27‐28 Plan   FY28‐29 Plan   5 YR Plan  Arts & Cultural Center ‐ Auditorium (Construction) 1,100,000$                    ‐$                        ‐$                        ‐$                        ‐$                        1,100,000$      Arts & Cultural Center ‐ Paint Exterior  ‐$                                ‐$                        ‐$                        ‐$                        80,000$                 80,000$            Audit Fee 5,925$                            6,103$                   6,286$                   6,474$                   6,669$                   31,457$            CH ‐ Carpet Replacement Fund  ‐$                                60,000$                 60,000$                 60,000$                 60,000$                240,000$         CH Misc. Build‐out Projects  ‐$                               160,000$              160,000$              160,000$              160,000$              640,000$         CIP Engineering Services ‐ In‐house 230,000$                      230,000$         City ‐ Digital Signs 75,000$                          ‐$                        ‐$                        ‐$                        ‐$                        75,000$            City ‐ Entrance Feature Signs 100,000$                       ‐$                        ‐$                        ‐$                        ‐$                       100,000$         Commission Chambers ‐ Audio/Visual Upgrade  ‐$                                ‐$                        ‐$                        ‐$                        75,000$                 75,000$            Little League ‐ Site Improv (Phase II) 1,000,000$                    ‐$                        ‐$                        ‐$                        ‐$                        1,000,000$      Portable Bathroom Trailers (2) 180,000$                       ‐$                        ‐$                        ‐$                        ‐$                       180,000$         PW Compound ‐ Drainage ‐$                               180,000$               ‐$                        ‐$                        ‐$                       180,000$         PW Compound ‐ Fuel Tank Canopy ‐$                               180,000$               ‐$                        ‐$                        ‐$                       180,000$         San Castle ‐ Construction ‐$                               800,000$              800,000$               ‐$                        ‐$                        1,600,000$      TOTAL GENERAL GOVERNMENT PROJECTS 2,690,925$                    1,386,103$           1,026,286$          226,474$              381,669$               5,711,457$      1913 Children’s Museum ‐ HVAC Replacement  ‐$                                ‐$                        ‐$                        ‐$                        70,000$                 70,000$            Carolyn Sims ‐ HVAC Replacement  ‐$                                ‐$                        ‐$                        ‐$                       115,000$              115,000$         FS3 ‐ HVAC  Controls Update ‐$                                ‐$                        ‐$                        85,000$                 ‐$                        85,000$            FS4 ‐ HVAC  Controls Update ‐$                                ‐$                        ‐$                        ‐$                        45,000$                 45,000$            FS5 ‐ HVAC Replacement ‐$                                ‐$                        ‐$                        ‐$                        50,000$                 50,000$            Intracoastal Park ‐ Pavilion HVAC Controls Update ‐$                                ‐$                        50,000$                 ‐$                        ‐$                        50,000$            PD ‐ Pistol Range ‐ Replace HVAC  ‐$                                ‐$                       300,000$               ‐$                        ‐$                       300,000$         Senior Center ‐ HVAC Controls Upgrade ‐$                                ‐$                        50,000$                 ‐$                        ‐$                        50,000$            TOTAL GOVERNMENT HVAC (GH) PROJECTS ‐$                                ‐$                       400,000$               85,000$                280,000$              765,000$         1913 Schoolhouse Chiller Water MEP Design ‐$                                ‐$                        ‐$                        65,000$                 ‐$                        65,000$            Barrier Free Park ‐ Pickle Ball Court Lighting 80,000$                          ‐$                        ‐$                        ‐$                        ‐$                        80,000$            Carolyn Sims ‐ Exterior Painting  ‐$                                ‐$                        ‐$                        ‐$                        90,000$                 90,000$            Carolyn Sims ‐ Installation of new Flooring  ‐$                                ‐$                        ‐$                        ‐$                        80,000$                 80,000$            Carolyn Sims ‐ Interior Door Replacement  ‐$                                ‐$                        ‐$                        ‐$                        40,000$                 40,000$            Carolyn Sims ‐ Interior Painting  ‐$                                ‐$                        ‐$                        ‐$                        40,000$                 40,000$            Carolyn Sims ‐ New Digital Sign Installation  ‐$                                ‐$                        ‐$                        ‐$                        45,000$                 45,000$            Centennial Park ‐ Landscape Replacement  500,000$                       ‐$                        ‐$                        ‐$                        ‐$                       500,000$         Denson Pool ‐ Handicap Pool Lift Replacement  ‐$                                ‐$                        ‐$                        ‐$                        20,000$                 20,000$            Denson Pool ‐ Install new Light around pool  ‐$                                ‐$                        ‐$                        ‐$                        30,000$                 30,000$            Denson Pool ‐ Re Coat Pool walls (Masonite)  ‐$                                ‐$                        ‐$                        ‐$                        90,000$                 90,000$            Denson Pool ‐ RE Roof Building  ‐$                                ‐$                        ‐$                        ‐$                        40,000$                 40,000$            Denson Pool ‐ Remodel Bathrooms  ‐$                                ‐$                        ‐$                        ‐$                        50,000$                 50,000$            Denson Pool ‐ Replace Pool Pumps  ‐$                                ‐$                        ‐$                        ‐$                        70,000$                 70,000$            Eco Park ‐ Construction 775,000$                       ‐$                        ‐$                        ‐$                        ‐$                       775,000$         Eco Park ‐ Redesign 100,000$                       ‐$                        ‐$                        ‐$                        ‐$                       100,000$         Forest Park ‐ Future Park 250,000$                       ‐$                        ‐$                        ‐$                        ‐$                       250,000$         36 CITY OF BOYNTON BEACH FUND 302 CIP BUDGET FY 2024‐25 CAPITAL IMPROVEMENT PLAN PROJECT NAME FY24‐25 Proposed  Budget (Post)  FY25‐26 Plan   FY26‐27 Plan   FY27‐28 Plan   FY28‐29 Plan   5 YR Plan  Harvey Oyer Jr. Park ‐ New Fishing Pier ‐$                                ‐$                       500,000$              500,000$              500,000$               1,500,000$      Harvey Oyer Jr. Park ‐ Master Plan Design 100,000$                      100,000$         Harvey Oyer Jr. Park ‐ Parking Lot Resurfacing ‐$                                ‐$                        ‐$                        ‐$                       180,000$              180,000$         Intercoastal Pak ‐ Bathroom and Kitchen Remodel Project  ‐$                                ‐$                        ‐$                        ‐$                       120,000$              120,000$         Intercoastal Pak ‐ Exterior and Interior of Building  ‐$                                ‐$                        ‐$                        ‐$                       160,000$              160,000$         Intercoastal Pak ‐ Floor Replacement  ‐$                                ‐$                        ‐$                        ‐$                        80,000$                 80,000$            Intercoastal Pak ‐ Irrigation Replacement  ‐$                                ‐$                        ‐$                        ‐$                        50,000$                 50,000$            Intercoastal Park ‐ Wall ‐$                                ‐$                        ‐$                       150,000$               ‐$                       150,000$         Jaycee Park ‐ Master/New plan structure 350,000$                       ‐$                        ‐$                        ‐$                        ‐$                       350,000$         Jaycee Park ‐ Master/New plan structure (Design) 100,000$                      100,000$         Meadows Park ‐ Furnishing Replacement Project ‐$                                70,000$                 ‐$                        ‐$                        ‐$                        70,000$            Miscellaneous Small Parks Projects 40,000$                          ‐$                        ‐$                        ‐$                        ‐$                        40,000$            Multiple Park  ‐ Bathroom Painting Projects ‐$                                40,000$                 ‐$                        ‐$                        ‐$                        40,000$            Multiple Park ‐ Concrete Court Aprons and Park Furnishing Pads ‐$                                ‐$                        ‐$                       175,000$               ‐$                       175,000$         Oceanfront Park ‐ New Life Guard Stations (Beach) ‐$                                ‐$                        ‐$                       300,000$              300,000$              600,000$         Oceanfront Park ‐ New Parking Lot Lighting ‐$                                ‐$                        ‐$                        ‐$                       400,000$              400,000$         Oceanfront Park ‐ Pavilions Replacement ‐$                                ‐$                        ‐$                        ‐$                       200,000$              200,000$         Oceanfront Park ‐ Replace Lower Storage building  ‐$                                ‐$                        ‐$                        ‐$                       200,000$              200,000$         Palmetto Green ‐ Remodel bathrooms and paint  ‐$                                ‐$                        ‐$                        ‐$                        40,000$                 40,000$            Pence Park ‐ Reconstruction 400,000$                      950,000$              950,000$              950,000$              950,000$               4,200,000$      Pioneer Park ‐ Boat Ramp 1,020,300$                    ‐$                        ‐$                        ‐$                        ‐$                        1,020,300$      Pioneer Park ‐ Tennis Courts 25,500$                          ‐$                        ‐$                        ‐$                        ‐$                        25,500$            Rolling Green ‐ Tower 350,000$                       ‐$                        ‐$                        ‐$                        ‐$                       350,000$         Sara Sims Cemetery ‐ Expansion Project 350,000$                       ‐$                        ‐$                        ‐$                        ‐$                       350,000$         Sara Sims Park ‐ Amphitheater Audio/Visual Project  ‐$                                ‐$                        ‐$                        ‐$                        80,000$                 80,000$            Sara Sims Park ‐ Pavilion and Bathroom Painting  ‐$                                ‐$                        ‐$                        ‐$                        40,000$                 40,000$            Senior Center ‐ Master Plan Design 250,000$                       ‐$                        ‐$                        ‐$                        ‐$                       250,000$         Tennis Center ‐ Awning Replacements  ‐$                                ‐$                        ‐$                        ‐$                        20,000$                 20,000$            Tennis Center ‐ Court Replacement/Rejuvenation  ‐$                                ‐$                        ‐$                        ‐$                       120,000$              120,000$         Tennis Center ‐ Interior/Exterior Painting  ‐$                                ‐$                        ‐$                        ‐$                        30,000$                 30,000$            Tennis Center ‐ Pickle Ball Court Addition  ‐$                                ‐$                        ‐$                        ‐$                       140,000$              140,000$         TOTAL RECREATION AND PARKS PROJECTS 4,690,800$                    1,060,000$           1,450,000$           2,140,000$           4,205,000$          13,545,800$    37 CITY OF BOYNTON BEACH FUND 302 CIP BUDGET FY 2024‐25 CAPITAL IMPROVEMENT PLAN PROJECT NAME FY24‐25 Proposed  Budget (Post)  FY25‐26 Plan   FY26‐27 Plan   FY27‐28 Plan   FY28‐29 Plan   5 YR Plan  FD ‐ Boat Dock and Lift Project 250,000$                       ‐$                        ‐$                        ‐$                        ‐$                       250,000$         FD ‐ PD ‐ Marine Complex at Harvey Oyer Jr. Park  ‐$                               300,000$              300,000$              300,000$              300,000$               1,200,000$      FS1 ‐ Paint Exterior ‐$                                ‐$                        ‐$                        ‐$                        60,000$                 60,000$            FS1 ‐ Paint Interior ‐$                                ‐$                        ‐$                        ‐$                        40,000$                 40,000$            FS2 ‐ Apparatus Bay Floor Resurfacing  ‐$                                ‐$                        ‐$                        ‐$                       220,000$              220,000$         FS2 ‐ Laminate Floor Replacement ‐$                                ‐$                        ‐$                        ‐$                        30,000$                 30,000$            FS2 ‐ Paint Interior ‐$                                ‐$                        ‐$                        ‐$                        40,000$                 40,000$            FS2 ‐ Title Replacement  Fund ‐$                                ‐$                        ‐$                        ‐$                        50,000$                 50,000$            FS3 ‐ Build New Fire Station 1,000,000$                    2,250,000$           2,250,000$           2,250,000$           2,250,000$          10,000,000$    Marine Complex 1,800,000$                    ‐$                        ‐$                        ‐$                        ‐$                        1,800,000$      FS #2 Refurb 500,000$                       ‐$                        ‐$                        ‐$                        ‐$                       500,000$         Phoenix Alert System 800,000$                       ‐$                        ‐$                        ‐$                        ‐$                       800,000$         FS3 ‐ HVAC Control ‐$                                ‐$                        ‐$                        85,000$                 ‐$                        85,000$            FS4 ‐ A/C Controls ‐$                                45,000$                 ‐$                        ‐$                        ‐$                        45,000$            FS4 ‐ Paint Exterior ‐$                                ‐$                        ‐$                        ‐$                        60,000$                 60,000$            FS4 ‐ Paint Interior ‐$                                ‐$                        ‐$                        ‐$                        40,000$                 40,000$            FS5 ‐ Apparatus Bay Floor resurfacing  ‐$                                ‐$                       550,000$               ‐$                        ‐$                       550,000$         FS5 ‐ Bathroom and Shower remodels  ‐$                                ‐$                        ‐$                        ‐$                        50,000$                 50,000$            FS5 ‐ Carpet Replacement Fund  ‐$                                30,000$                 30,000$                 30,000$                 30,000$                120,000$         FS5 ‐ EOC/911 Dispatch Upgrades/Build out ‐$                                ‐$                       250,000$              250,000$               ‐$                       500,000$         FS5 ‐ Kitchen Equipment Replacement  ‐$                                ‐$                        ‐$                        ‐$                        80,000$                 80,000$            FS5 ‐ UPS Replacement ‐$                                ‐$                        ‐$                        ‐$                       150,000$              150,000$         Old FS2 ‐ Apparatus Bay Floor resurfacing  ‐$                                ‐$                       300,000$              300,000$               ‐$                       600,000$         Old FS2 ‐ Install New Perimeter Fencing  ‐$                                ‐$                        ‐$                        ‐$                        30,000$                 30,000$            Old FS2 ‐ Interior Office & Build‐out Projects  ‐$                                ‐$                        ‐$                        ‐$                        40,000$                 40,000$            Old FS2 ‐ Kitchen Replacement  ‐$                                ‐$                        ‐$                        ‐$                        20,000$                 20,000$            Old FS2 ‐ Laminate /Carpet Flooring Replacement  ‐$                                ‐$                        ‐$                        ‐$                        20,000$                 20,000$            Old FS2 ‐ Paint Exterior and Interior of building  ‐$                                ‐$                        ‐$                        ‐$                        30,000$                 30,000$            Old FS2 ‐ Resurface New Parking Lot and Front Entrance  ‐$                                ‐$                        ‐$                        ‐$                        30,000$                 30,000$            Old FS2 ‐ Roof Replacement  ‐$                                ‐$                        ‐$                        ‐$                        60,000$                 60,000$            PD ‐ Above Ground Fueling Station ‐$                                ‐$                       300,000$              300,000$               ‐$                       600,000$         PD ‐ Carpet Replacement Fund  ‐$                                20,000$                 20,000$                 20,000$                 20,000$                 80,000$            PD ‐ Misc. Build‐out Projects  ‐$                                40,000$                 40,000$                 40,000$                 40,000$                160,000$         PD ‐ New Generator 10,000 gallon Tank  ‐$                                ‐$                        ‐$                       650,000$               ‐$                       650,000$         PD ‐ Paint Exterior of main building and storage ‐$                                ‐$                        ‐$                        ‐$                       100,000$              100,000$         PD ‐ Paint Interior of main building ‐$                                ‐$                        ‐$                        ‐$                        80,000$                 80,000$            PD ‐ Pistol Range ‐ Paint Exterior and Interior of Building  ‐$                                ‐$                        ‐$                        ‐$                        60,000$                 60,000$            PD ‐ Pistol Range ‐ Replace Training PIP ‐$                                ‐$                        ‐$                        ‐$                       140,000$              140,000$         PD ‐ Police Patrol Laptop Replacement 75,000$                          75,000$                 75,000$                 75,000$                 75,000$                375,000$         PD ‐ Real Time Crime Center Build‐out ‐$                                ‐$                        ‐$                       300,000$              300,000$              600,000$         PD ‐ Vehicular Evidence Bay Building ‐$                               650,000$               ‐$                        ‐$                        ‐$                       650,000$         TOTAL PUBLIC SAFETY PROJECTS 4,425,000$                    3,410,000$           4,115,000$           4,600,000$           4,445,000$          20,995,000$    38 CITY OF BOYNTON BEACH FUND 302 CIP BUDGET FY 2024‐25 CAPITAL IMPROVEMENT PLAN PROJECT NAME FY24‐25 Proposed  Budget (Post)  FY25‐26 Plan   FY26‐27 Plan   FY27‐28 Plan   FY28‐29 Plan   5 YR Plan  PC & Laptop Replacement ‐$                                75,000$                 75,000$                 75,000$                 75,000$                300,000$         TOTAL INFORMATION TECHNOLOGY (IT) PROJECTS ‐$                                75,000$                 75,000$                 75,000$                 75,000$                300,000$         5 Year ‐ Landscape Median Plan ‐$                                72,000$                 72,000$                 72,000$                 72,000$                288,000$         Bridge Repair ‐ Maintenance & Improvements ‐$                                50,000$                 50,000$                 50,000$                 50,000$                200,000$         Drive Safe Boynton ‐$                               150,000$              150,000$              150,000$              150,000$              600,000$         FEC Crossing Upgrade/Maintenance ‐$                               110,000$              110,000$              110,000$              110,000$              440,000$         Lake Boynton Estates Road Resurfacing ‐$                                1,900,000$           ‐$                        ‐$                        ‐$                        1,900,000$      SE 1st St ‐ Construction Roadway Improvements 3,423,405$                    ‐$                        ‐$                        ‐$                        ‐$                        3,423,405$      SE 1st St ‐ Professional Services 400,000$                       ‐$                        ‐$                        ‐$                        ‐$                       400,000$         SE 36st Ave (Gulfstream Blvd) Road Rehabilitation 1,510,500$                    ‐$                        ‐$                        ‐$                        ‐$                        1,510,500$      Cottage Disctrict Paving  200,000$                      200,000$         Fedetal Hwy Streetscape Design 100,000$                      100,000$         MLK Blvd Streetscape Design 100,000$                      100,000$         Ocean Ave Bridge Improvements 150,000$                      150,000$         SE 6th Avenue Pedestrian Crossing 40,000$                          ‐$                        ‐$                        ‐$                        ‐$                        40,000$            Sidewalks Ramp ‐ ADA (estimate) ‐$                               100,000$              100,000$              100,000$              100,000$              400,000$         Street ‐ Maintenance/Improvements Annual  ‐$                               500,000$               1,000,000$           1,000,000$           1,000,000$           3,500,000$      Street ‐ Streetscape /Beautification ‐$                               500,000$              500,000$              500,000$              500,000$               2,000,000$      TOTAL TRANSPORTATION/ROADWAY PROJECTS 5,923,905$                    3,382,000$           1,982,000$           1,982,000$           1,982,000$          15,251,905$    FUND 302 CIP GRAND TOTAL 17,730,630$                  9,313,103$           9,048,286$           9,108,474$          11,368,669$         56,569,162$    FUNDING SOURCES ‐ 302  FY2024/25   FY2025/26   FY2026/27   FY2027/28   FY2028/29   FUNDING   Proposed Budget    Plan   Plan   Plan   Plan  TOTAL  FUND RESERVES (Increase) Decrease  $                   3,394,630   $             534,103  $          1,528,286   $             500,000   $     5,957,019  FUTURE DEBT  $                   6,100,000   $          6,250,000  $          6,250,000   $          7,088,474   $          9,848,669   $  35,537,143  CRA REIMBURSEMENT  $                   2,250,000   $     2,250,000  Other  Agencies (TPA) $                   1,500,000   $     1,500,000  Fund 141  $                   1,280,000   $     1,280,000  Fund 632  $                      350,000   $        350,000  ARPA $                    ‐    GRANT  $                      936,000   $             659,000  $                         ‐     $     1,595,000  GENERAL FUND TRANSFER 001  $                      500,000   $             750,000  $             750,000   $          1,000,000   $          1,000,000   $     4,000,000  LOCAL OPTION GAS TAX 104  $                      450,000   $             450,000  $             450,000   $             450,000   $             450,000   $     2,250,000  PUBLIC SERVICE DEBT 207  $                      600,000   $             600,000  $     1,200,000  UTILITY FUND  $                      300,000   $                         ‐    $                         ‐     $        300,000  INTEREST  $                        70,000   $                70,000   $                70,000   $                70,000   $                70,000   $        350,000  Total Funding Sources ‐ 302  $                17,730,630   $          9,313,103  $          9,048,286   $          9,108,474   $        11,368,669   $  56,569,162  39 Fiscal Year 24/251stPublic Millage & Budget Hearing, September 3, 2024Dan Dugger City ManagerPeter KajokasFinance DirectorAnthony DavidsonDeputy Finance/Budget Director140 Millage & Budget Approval September 2024 Schedule•Tuesday, September 3, 6pm – First Public Budget Hearing and Fire Assessment•Thursday, September 12, 6pm - Second Public Budget Hearing and Final Adoption241 Purpose of Millage & Budget Hearing•Adopt a Millage Rate & Tentative Budget•Review Budget Revisions post July Workshops•Operating & Capital Budgets•Provide an opportunity for comments from the public •Adopt Rate Resolution for Fire Assessment 342 State Truth In Millage (TRIM)•Proposed Ad Valorem Tax Rate = 7.8000◦Rate change reduction by .05 mills, from the current 7.8500 mills•The actual tax increase = 5.08% per State TRIM calculations and Rolled-back Rate, 7.4229 due to the City’s operational cost.443 ProposedTax Levy vs Rollback RateProposed Roll BackTax Rate @ 7/11Tax Rate @ 6/287.8000 7.4229Tax Rate Increase (over Rollback Rate)0.377Current Year Gross Assessed Value per PA9,872,381,290$ 9,872,381,290$ Gross Taxes Increase (over Rollback Rate)5.08%VarianceTaxes on Property Values 77,004,574$ 73,281,699$ (3,722,875)$ Less CRA TIF & Discounts (18,197,345)$ (17,315,156)$ 882,189$ Net Property Taxes 58,807,229$ 55,966,543$ (2,840,686)$ Other Revenues 52,741,130$ 52,741,130$ Total Revenues 111,548,359$ 108,707,673$ Transfers From Other Funds 18,770,261$ 18,770,261$ Total Revenues & Transfers 130,318,620$ 127,477,934$ Appropriation of (Increase to) Fund Balance -$ -$ Total Expenditures 130,318,620$ 130,318,620$ Budget (Deficit) Surplus -$ (2,840,686)$ 544 Adjustment Post Budget Workshop –General Fund Revenue HighlightsRevenues: •Net Ad Valorem Taxes adjustment, 7.80 millage, updates assessed values - $376.6K•Decrease in projected State Shared Revenue by $159K•Decrease Sales Tax Revenues by $144K•Increase Fire Assessment Revenues by $1.3M•Increase Special Events Sponsorship by $80K•Increased CRA Reimbursement revenues by $160K•Fund Balance amended to $0K645 Adjustment Post Budget Workshop –General Fund HighlightsExpenditures: •City Manager – delete Assistant City Manager FTE – ($194K)•Special Event printing – add $45K•Reclass Event Specialist to Event Coordinator - $5K•Finance Dept. – add Buyer & Accountant - $218K•Finance Dept. – Purchasing Director adjustment - $18.2K•Police Dept. – salary adjustment for Police Officer program - $65K•Various Dept. Salary Compression Adjustment - $169K•Beautification Supervisor – add $103K•Parking Services – add Information Desk Coord. - $84.7K•Recreation Dept. – reinstate Recreation Mgr. to Specialist - $88K•Change cost allocation for Engineers – ($349K)•Public Works – Reclass Project Mgr. to Assistant PW Dir - $45.5K•Reduce CIP Transfer and Fleet Transfer – ($450K)•Increase City Hall contingency budget by $261K746 Adjustment Post Budget Workshop –Other Fund HighlightsRevenues and Expenses: •Fund 103: Traffic Fund – Police Career Officer Program adj. - $14.4K•Fund 122: Recreation Dept. – add Construction Coord. adj. - $5K•Fund 130 Building Fund and Solid Waste Fund 431 – cost allocation change for General Fund Engineers - $139K to each Fund•Fund 141 Parks & Rec Trust – $1.28M transfer to CIP Fund (Little League)•Fund 142 Police Impact Fund - $200K transfer to Fleet Fund •Fund 302 Capital Improv. Fund – increased $17.7M for various projects•Fund 303 Surtax CIP – decreased by $3.1M for various projects •Fund 401 Utility Fund – increased by $10.5K for Finance Supvr. reclass•Fund 403 Utility CIP – decreased by $3.3M for various projects•Fund 404 Utility Capital Expansion – decreased by $1.1M •Fund 411 Golf Fund – increased by $20K•Fund 523 Benefits Fund – increased by $600K for CareATC Clinic•Increase Fund 632 Cemetery for Parks Maintenance Worker, $59K847 9ALL FUNDS APPROPRIATION SUMMARY2023-24 2024-25FY24-25 Proposed VarianceAMENDED TENTATIVE% of vs FY23-24 Amd of Inc. (Dec.)BUDGET BUDGETAll Funds $$$ as a %GENERAL FUNDTOTAL GENERAL FUND $118,976,402 $130,318,62039.8% $11,342,218 9.5%ENTERPRISE FUNDSWATER & SEWER FUND 60,380,704 62,701,624 19.1% 2,320,920 3.8%SOLID WASTE 15,286,355 15,863,206 4.8% 576,851 3.8%GOLF COURSE 2,822,343 3,813,150 1.2% 990,807 35.1%TOTAL ENTERPRISE FUNDS 78,489,402 82,377,980 INTERNAL SERVICE FUNDSFLEET MAINTENANCE 18,844,975 13,504,684 4.1% (5,340,291) -28.3%MATERIALS & DISTRIBUTION (Warehouse) 565,273 572,062 0.2% 6,789 1.2%SELF INSURANCE 8,140,237 6,679,599 2.0% (1,460,638) -17.9%BENEFITS FUND - 1,969,003 0.6% 1,969,003 0.0%TOTAL INTERNAL SERVICE FUNDS 27,550,485 22,725,348 SPECIAL REVENUE FUNDSTRAFFIC SAFETY 3,333,092 9,711,402 3.0% 6,378,310 191.4%LOCAL OPTION GAS TAX 1,300,965 1,150,646 0.4% (150,319) -11.6%BUILDING FUND 3,997,912 4,668,328 1.4% 670,416 16.8%GREEN BUILDING FUND 102,000 100,035 0.0% (1,965) -1.9%POLICE IMPACT TRUST FUND - 200,000 0.1% 200,000 0.0%PUBLIC ARTS 589,478 472,529 0.1% (116,949) -19.8%COMMUNITY IMPROVEMENTS 259,978 270,361 0.1% 10,383 4.0%RECREATION PROGRAM REVENUE 600,264 411,377 0.1% (188,887) -31.5%CEMETERY 579,895 517,644 0.2% (62,251) -10.7%TOTAL SPECIAL REVENUE FUNDS 10,763,584 17,502,322 CAPITAL IMPROVEMENT PROJECTSPARKS & RECREATION TRUST 175,260 1,280,087 0.4% 1,104,827 630.4%GOLF FUND CIP 387,868 200,186 0.1% (187,682) 0.0%GENERAL GOVERNMENT CIP 9,565,065 17,730,630 5.4% 8,165,565 85.4%GENERAL GOVERNMENT - SURTAX 9,917,157 3,711,343 1.1% (6,205,814) -62.6%UTILITY 56,945,528 39,921,500 12.2% (17,024,028) -29.9%TOTAL CAPITAL IMPROVEMENT PROJECTS 76,990,878 62,843,746 DEBT SERVICE FUNDSTOTAL DEBT SERVICE FUNDS 12,042,390 12,036,834 3.7% (5,556) 0.0%TOTAL PROPOSED FOR ALL FUNDS 324,813,141$ 327,804,850$ 100.0% $2,991,709 0.9% 48 Millage Rate Impact on Residential Property102023 2024 %Tax CalculationTax CalculationChangeAssessed Value 300,000$           309,000$           3.00%Homestead Exemption (50,000)$           (50,000)$           Taxable Value250,000$ 259,000$ 3.60%Tax Rate 7.8500              7.8000               ‐0.64%Annual Property Tax 1,963$              2,020$               57.70$               Monthly Property Tax 163.54$             168.35$             4.81$                 2023 2024 %Tax CalculationTax CalculationChangeAssessed Value 500,000$           515,000$           3.00%Homestead Exemption (50,000)$           (50,000)$           Taxable Value450,000$ 465,000$ 3.33%Tax Rate 7.8500              7.8000               ‐0.64%Annual Property Tax 3,533$              3,627$               94.50$               Monthly Property Tax 294.38$             302.25$             7.88$                 AssessHomestead Residential Property ‐ Assessed Value Increase = CitywideHomestead Residential Property ‐ Assessed Value Increase = CitywideAssessed Value Increase of 8.70% (Save Our Home 3% or CPI Change 3.4%, the lessor)49 Millage Rate Impact on Commercial Property2023 2024 % 2024 %Tax CalculationTax CalculationChangeTax CalculationChangeAssessed Value 300,000$              326,100$             8.70% 330,000$             10.00%Homestead Exemption ‐$                      ‐$                     ‐$                     Taxable Value300,000$ 326,100$ 8.70%330,000$ 10.00%Tax Rate 7.8500                 7.8000                 ‐0.64%7.8000                 ‐0.64%Annual Property Tax 2,355$                 2,544$                 188.58$        2,574$                 219.00$    Monthly Property Tax 196.25$                211.97$                15.72$           214.50$                18.25$       2023 2024 % 2024 %Tax CalculationTax CalculationChangeTax CalculationChangeAssessed Value 500,000$              543,500$             8.70% 550,000$             10.00%Homestead Exemption ‐$                      ‐$                     ‐$                     Taxable Value500,000$ 543,500$ 8.70%550,000$ 10.00%Tax Rate 7.8500                 7.8000                 ‐0.64%7.8000                 ‐0.64%Annual Property Tax 3,925$                 4,239$                 314.30$        4,290$                 365.00$    Monthly Property Tax 327.08$                353.28$                26.19$           357.50$                30.42$       Maximum 10% Increase = CitywideMaximum 10% Increase = CitywideCommercial Property or Non‐Homestead Increase = CitywideCommercial Property or Non‐Homestead Increase = Citywide1150 Questions1251 CITY OF BOYNTON BEACH FUND 303 CIP BUDGET FY 2024‐25 CAPITAL IMPROVEMENT PLAN PROJECT NAME FY 24 ‐ 25  Proposed  Budget (Post)   FY 25 ‐ 26  Plan   FY 26 ‐ 27  Plan   FY 27 ‐ 28  Plan   FY 28 ‐ 29  Plan  5 YR PLAN  CH ‐ Carpet Replacement 50,000$                     ‐$                 ‐$                 ‐$                 ‐$                100,000$              CH ‐ Security Cameras 25,000$                     ‐$                 ‐$                 ‐$                 ‐$                 50,000$                TOTAL GENERAL GOVERNMENT PROJECTS 75,000$                     ‐$                 ‐$                 ‐$                 ‐$                150,000$              FS2 ‐ HVAC Replacement 35,000$                     ‐$                 ‐$                 ‐$                 ‐$                 70,000$                TOTAL GOVERNMENT HVAC (GH) PROJECTS 35,000$                     ‐$                 ‐$                 ‐$                 ‐$                 70,000$                Arts & Cultural Center ‐ Interior Paint 45,000$                     ‐$                 ‐$                 ‐$                 ‐$                 90,000$                Barrier Free Park ‐ Outdoor Workout Area  75,000$                     ‐$                 ‐$                 ‐$                 ‐$                150,000$              Barrier Free Park ‐ Painting Project 65,000$                     ‐$                 ‐$                 ‐$                 ‐$                130,000$              Barrier Free Park ‐ Shade Sail Replacements 120,000$                   ‐$                 ‐$                 ‐$                 ‐$                240,000$              Betty Thomas Park ‐ Parking & Bathroom Renovations 65,000$                     ‐$                 ‐$                 ‐$                 ‐$                130,000$              Boynton Beach Extension and Harvey E. Oyer Jr. Park Sail Replacement Proj 15,000$                     ‐$                 ‐$                 ‐$                 30,000$                Centennial Park ‐ Field Modifications ‐$                            ‐$                 ‐$                 ‐$                 ‐$                325,000$              Denson Pool ‐ Heaters 100,000$                   ‐$                 ‐$                 ‐$                 ‐$                200,000$              Eco Park ‐ Split rail Fencing ‐$                            ‐$                 ‐$                 ‐$                 ‐$                150,000$              Galaxy Park ‐ Playground 25,000$                     ‐$                 ‐$                 ‐$                 ‐$                 50,000$                Galaxy Park ‐ Turf, Cages , Pick Ball Court 250,000$                   ‐$                 ‐$                 ‐$                 ‐$                500,000$              Hester Park ‐ Playground ‐$                           300,000$         ‐$                 ‐$                 ‐$                600,000$              Intracoastal Park ‐ Clubhouse, Pavilion, and Bathroom Exterior Painting 75,000$                     ‐$                 ‐$                 ‐$                 ‐$                150,000$              Intracoastal Park ‐ Epoxy Restrooms  25,000$                     ‐$                 ‐$                 ‐$                 ‐$                 50,000$                Jaycee Park ‐ Fishing Pier 80,000$                     ‐$                 ‐$                 ‐$                 ‐$                160,000$              Kapok Park ‐ PIP Replacement 280,000$                   ‐$                 ‐$                 ‐$                 ‐$                560,000$              Mangrove Park ‐ Boardwalk Removal  750,000$                   ‐$                 ‐$                 ‐$                 ‐$                 1,500,000$           Meadows Blvd ‐ City Property Split Rail Fence Project 120,000$                   ‐$                 ‐$                 ‐$                 ‐$                240,000$              Meadows Park ‐ Tennis Courts 28,000$                     ‐$                 ‐$                 ‐$                 ‐$                 56,000$                Sara Simms ‐ Security Camera Upgrade 144,643$                   ‐$                 ‐$                 ‐$                 ‐$                289,286$              TOTAL RECREATION AND PARKS PROJECTS 2,262,643$               300,000$         ‐$                 ‐$                 ‐$                 5,600,286$           FS3 ‐ Digital Sign  25,000$                     ‐$                 ‐$                 ‐$                 ‐$                 50,000$                FS4 ‐ Bay Painting & Floors ‐$                           170,000$         ‐$                 ‐$                 ‐$                340,000$              FS4 ‐ Security Cameras 45,700$                     ‐$                 ‐$                 ‐$                 ‐$                 91,400$                FS5 ‐ EOC ‐ 2nd Floor Interior Painting s 26,000$                     ‐$                 ‐$                 ‐$                 ‐$                 52,000$                FS5 ‐ EOC ‐ Exterior Wall Sealant & Paint s 160,000$                   ‐$                 ‐$                 ‐$                 ‐$                320,000$              FS5 ‐ EOC ‐ Roof s 215,000$                   ‐$                 ‐$                 ‐$                 ‐$                430,000$              PD ‐ Datrium ‐ Phase II 75,000$                     ‐$                 ‐$                 ‐$                 ‐$                150,000$              PD ‐ Police Patrol Laptop Replacement 75,000$                     ‐$                 ‐$                 ‐$                 ‐$                150,000$              TOTAL PUBLIC SAFETY PROJECTS 621,700$                  170,000$         ‐$                 ‐$                 ‐$                 1,583,400$           PC & Laptop Replacement 75,000$                     ‐$                 ‐$                 ‐$                 ‐$                150,000$              TOTAL INFORMATION TECHNOLOGY (IT) PROJECTS 75,000$                     ‐$                 ‐$                 ‐$                 ‐$                150,000$              5 Year ‐ Landscape Median Plan  (Design)‐$                            ‐$                 ‐$                 ‐$                 ‐$                 72,000$                Bridge Repair ‐ Maintenance & Improvements 50,000$                     ‐$                 ‐$                 ‐$                 ‐$                100,000$              Drive Safe Boynton 150,000$                   ‐$                 ‐$                 ‐$                 ‐$                300,000$              FEC Crossing ‐ Upgrade/Maintenance 107,000$                   ‐$                 ‐$                 ‐$                 ‐$                214,000$              Lawerence Road ‐Beautification 135,000$                   ‐$                 ‐$                 ‐$                 ‐$                270,000$              Ocean Front ‐ ADA Ramp 100,000$                   0 ‐$                 ‐$                 ‐$                200,000$              Sidewalks Ramp ‐ ADA (estimate) 100,000$                   ‐$                 ‐$                 ‐$                 ‐$                200,000$              Street Maintenance/Improv ‐ Annual ‐$                           500,000$         ‐$                 ‐$                 ‐$                 1,000,000$           The Cottages ‐ Paving  ‐$                            ‐$                 ‐$                 ‐$                 ‐$                200,000$              TOTAL TRANSPORTATION/ROADWAY PROJECTS 642,000$                  500,000$         ‐$                 ‐$                 ‐$                 2,556,000$           FUND 303 CIP GRAND TOTAL 3,711,343$               970,000$         ‐$                 ‐$                 ‐$                10,109,686$        52 CITY OF BOYNTON BEACH FUND 303 CIP BUDGET FY 2024‐25 CAPITAL IMPROVEMENT PLAN PROJECT NAME FY 24 ‐ 25  Proposed  Budget (Post)   FY 25 ‐ 26  Plan   FY 26 ‐ 27  Plan   FY 27 ‐ 28  Plan   FY 28 ‐ 29  Plan  5 YR PLAN  SOURCE OF FUNDING  FY2024/25   FY2025/26   FY2026/27   FY2027/28   FY2028/29   FUNDING   Adopted Budget    Plan   Plan   Plan   Plan  TOTAL  FUND RESERVES (Increase) Decrease ‐$                      ‐$             ‐$             ‐$             5,315,354$      STATE SHARED REVENUES/SALES TAX 3,598,354$          ‐$             ‐$             ‐$             ‐$             3,598,354$      Interest 112,989$             ‐$             ‐$             ‐$            225,977$         Total Funding Sources ‐ 303 3,711,343$          ‐$             ‐$             ‐$             ‐$             9,139,685$      53 PROJECT NAME  FY24‐25  Proposed Budget  FY25‐26 Plan   FY26‐27 Plan   FY27‐28 Plan   FY28‐29 Plan   5 YR Plan  Coquina Cove Stormwater Improvements 2,000,000$                  ‐$                        ‐$                         ‐$                         ‐$                      2,000,000$               Coquina Cove Wastewater Improvements 2,000,000$                  ‐$                        ‐$                         ‐$                         ‐$                      2,000,000$               Coquina Cove Water Improvements 2,000,000$                  ‐$                        ‐$                         ‐$                         ‐$                      2,000,000$               Coquina Cove subtotal 6,000,000$                  ‐$                        ‐$                         ‐$                         ‐$                      6,000,000$               SE 1st. ‐ Central Seacrest Corridor (Phase 3) ‐ Stormwater 2,100,000$                  ‐$                        ‐$                         ‐$                         ‐$                      2,100,000$               SE 1st. ‐ Central Seacrest Corridor (Phase 3) ‐ Sewer 2,500,000$                  ‐$                        ‐$                         ‐$                         ‐$                      2,500,000$               Central Seacrest Corridor subtotal 4,600,000$                  ‐$                        ‐$                         ‐$                         ‐$                      4,600,000$               San Castle (DEO Grant) ‐ Water Improvements ‐ $16.5 M Grant (Reimbursable) 435,167$                      3,117,434$           3,035,833$            ‐$                         ‐$                      6,588,434$               San Castle (DEO Grant) ‐ Sewer Improvements ‐ $16.5 M Grant (Reimbursable) 435,167$                      3,117,434$           3,035,833$            ‐$                         ‐$                      6,588,434$               San Castle (DEO Grant) ‐ Stormwater Improvements ‐$16.5 M Grant (Reimbursable) 435,167$                      3,117,434$           3,035,833$            ‐$                         ‐$                      6,588,434$               San Castle (DEO Grant) subtotal 1,305,500$                  9,352,302$           9,107,500$            ‐$                         ‐$                      19,765,302$            Heart of Boynton (MLK) ‐ Water Improvements 200,000$                      1,000,000$           ‐$                         ‐$                         ‐$                      1,200,000$               Heart of Boynton (MLK) ‐ Sewer Improvements 200,000$                      1,000,000$           ‐$                         ‐$                      1,200,000$               Heart of Boynton (MLK) ‐ Stormwater Improvements (HMGP Grant) 1,500,000$                  5,000,000$           5,000,000$            ‐$                         ‐$                      11,500,000$            Heart of Boynton (MLK) ‐ Reclaimed Improvements 100,000$                     250,000$               ‐$                         ‐$                         ‐$                     350,000$                  Heart of Boynton (MLK) subtotal 2,000,000$                  7,250,000$           5,000,000$            ‐$                         ‐$                      14,250,000$            Palm Beach Leisureville ‐ Water Improvements ‐$                               ‐$                       225,000$                2,250,000$            ‐$                      2,475,000$               Palm Beach Leisureville ‐ Sewer Improvements ‐$                               ‐$                       225,000$                2,250,000$            ‐$                      2,475,000$               Palm Beach Leisureville ‐ Stormwater Improvements ‐$                               ‐$                        25,000$                  50,000$                  ‐$                      75,000$                     Palm Beach Leisureville subtotal ‐$                               ‐$                       475,000$                4,550,000$            ‐$                      5,025,000$               Sea Meadows SOUTH - Water Improvements 200,000$                     3,500,000$          ‐$                        ‐$                         ‐$                     3,700,000$              Sea Meadows SOUTH - Sewer Improvements 350,000$                     3,500,000$          ‐$                        ‐$                         ‐$                     3,850,000$              Sea Meadows subtotal 550,000$                      7,000,000$           ‐$                         ‐$                         ‐$                      7,550,000$               Golfview Harbor ‐ Water Improvements ‐$                              500,000$               ‐$                         ‐$                         ‐$                     500,000$                  Golfview Harbor ‐ Sewer Improvements ‐$                              500,000$               ‐$                         ‐$                         ‐$                     500,000$                  Golfview Harbor ‐ Stormwater Improvements ‐$                              500,000$               ‐$                         ‐$                         ‐$                     500,000$                  Golfview Harbor subtotal ‐$                               1,500,000$           ‐$                         ‐$                         ‐$                      1,500,000$               Tropical Breeze ‐ Water Improvements ‐$                              350,000$               3,500,000$            ‐$                         ‐$                      3,850,000$               Tropical Breeze ‐ Sewer Improvements ‐$                              350,000$               3,500,000$            ‐$                         ‐$                      3,850,000$               Tropical Breeze subtotal ‐$                              700,000$               7,000,000$            ‐$                         ‐$                      7,700,000$               Neighborhood Utility Improvements ‐ 403 TOTAL 14,455,500$                25,802,302$         21,582,500$          4,550,000$            ‐$                      66,390,302$            Water Dist. System Annual R&R (0.43% of system annually)750,000$                    750,000$             750,000$              750,000$               750,000$            3,750,000$              Water Meter Replacements 1,000,000$                  1,000,000$           1,000,000$            1,000,000$            1,000,000$          5,000,000$               SE 36th Ave. Improvements ‐ Water 1,350,000$                  ‐$                        ‐$                         ‐$                         ‐$                      1,350,000$               Water Distribution Improvements ‐ 403 TOTAL 3,100,000$                  1,750,000$           1,750,000$            1,750,000$            1,750,000$          10,100,000$            East Plant Fiber Refurbishment 250,000$                      ‐$                        ‐$                         ‐$                         ‐$                     250,000$                  New Surficial Wells @ BB Seminary/Other Locations 200,000$                      ‐$                        3,000,000$            ‐$                         ‐$                      3,200,000$               Wellfield Improvements 450,000$                      ‐$                        3,000,000$            ‐$                         ‐$                      3,450,000$               EWTP Generator Replacement 1,500,000$                  ‐$                        ‐$                         ‐$                         ‐$                      1,500,000$               West ‐Electrical, SCADA, Control ‐ Major Update ‐ Construction ‐$                               3,600,000$          600,000$               600,000$               600,000$             5,400,000$               West WTP Membrane & Train Replacement ‐ Construction SRF Funded ‐$                              ‐$                       30,000,000$         ‐$                         ‐$                     30,000,000$           West WTP R&R 500,000$                     500,000$              500,000$               500,000$               500,000$             2,500,000$               East WTP R&R 500,000$                     500,000$              500,000$               500,000$               500,000$             2,500,000$               East Plant Filter Refurbishment & Media Replacement/Wellfield Emergency Generator 1,250,000$                  ‐$                        ‐$                         ‐$                         ‐$                      1,250,000$               Admin Bldg. Remodel 600,000$                      ‐$                        ‐$                         ‐$                         ‐$                     600,000$                  Water Plant Security‐West 50,000$                        ‐$                        ‐$                         ‐$                         ‐$                      50,000$                     Water Plant Security‐East 250,000$                      ‐$                        ‐$                         ‐$                         ‐$                     250,000$                  Lime Slaker 3 200,000$                      ‐$                        ‐$                         ‐$                         ‐$                     200,000$                  West WTP Fluoride System Upgrade ‐ Construction 1,000,000$                  ‐$                        ‐$                         ‐$                         ‐$                      1,000,000$               Plant Improvements 5,850,000$                  4,600,000$           31,600,000$          1,600,000$            1,600,000$          45,250,000$            New Lab Building (Water Quality Facility/AC Upgrade) ‐ Funding Source 1 150,000$                      ‐$                        ‐$                         ‐$                         ‐$                     150,000$                  Water Supply and Plant Improvements ‐ 403 TOTAL 6,450,000$                  4,600,000$           34,600,000$          1,600,000$            1,600,000$          48,850,000$            Replace Sewer Trmt Plant Beach Plant Replacement 440,000$                     ‐$                       ‐$                        ‐$                         ‐$                    440,000$                 Sewer System Pipes & Manholes R&R (Gravity) 1,000,000$                  1,000,000$           1,000,000$            1,000,000$            ‐$                      4,000,000$               Lift Station Communications & Control R&R 200,000$                      ‐$                        ‐$                         ‐$                         ‐$                     200,000$                  LS Control Panel R&R 150,000$                     100,000$              100,000$               100,000$                ‐$                     450,000$                  Lift Station 317 Major Upgrade ‐ Construction 6,576,000$                  ‐$                        ‐$                         ‐$                         ‐$                      6,576,000$               Pence Park LS Relief 600,000$                     600,000$              600,000$               600,000$               600,000$             3,000,000$               Force Main East of I‐95 300,000$                      3,000,000$           ‐$                         ‐$                         ‐$                      3,300,000$               Lift Station ‐ Heart of Boynton 150,000$               1,000,000$            ‐$                         ‐$                      1,150,000$               San Castle (County Area) ‐ CIPP Pipe Lining 1,000,000$           ‐$                         ‐$                         ‐$                      1,000,000$               Sewer Pipe Rehabilitation (Force Main & All Valves R & R)100,000$                     ‐$                       ‐$                        ‐$                         ‐$                    100,000$                 Pump Replacement Program R & R 200,000$                     130,000$              130,000$               130,000$                ‐$                     590,000$                  Emergency Mobile Generators R & R 150,000$                     150,000$              150,000$               150,000$               150,000$            750,000$                  Wastewater Collection  System Improvements ‐ 403 TOTAL 9,716,000$                  6,130,000$           2,980,000$            1,980,000$           750,000$             21,556,000$            FY 24‐25 to FY28‐29 CIP Plan City of Boynton Beach Proposed Utilities Capital Improvement Plan Funds 403 and 404 54 PROJECT NAME  FY24‐25  Proposed Budget  FY25‐26 Plan   FY26‐27 Plan   FY27‐28 Plan   FY28‐29 Plan   5 YR Plan  FY 24‐25 to FY28‐29 CIP Plan City of Boynton Beach Proposed Utilities Capital Improvement Plan Funds 403 and 404 Quantum PK‐StormW CIPP PR 300,000$                     300,000$               ‐$                         ‐$                         ‐$                     600,000$                  Lake Boynton Estates Stormwater Improvements 1,000,000$           ‐$                         ‐$                         ‐$                      1,000,000$               Chapel Hill Stormwater Improvements 500,000$                      7,500,000$           ‐$                         ‐$                         ‐$                      8,000,000$               Stormwater Systems (Various Locations) R &R 300,000$                     300,000$              300,000$               300,000$               300,000$             1,500,000$               Storm Water Improvements ‐ 403 TOTAL 1,100,000$                  9,100,000$          300,000$               300,000$               300,000$             11,100,000$            Reclaimed R&R 50,000$                        50,000$                 ‐$                         ‐$                         ‐$                     100,000$                  REUSE Distribution System ‐ 8 MGD Program 2,000,000$                  ‐$                        ‐$                         ‐$                         ‐$                      2,000,000$               Reuse Distribution Improvements ‐ 403 TOTAL 50,000$                        50,000$                 ‐$                         ‐$                         ‐$                     100,000$                  Reuse Distribution Improvements ‐ 404 TOTAL 2,000,000$                  ‐$                        ‐$                         ‐$                         ‐$                      2,000,000$               Sewer Master Plan (P/Y US1701)300,000$                     ‐$                       ‐$                        ‐$                         ‐$                    300,000$                 Capital Projects System (UMA) ‐ MME 100,000$                      ‐$                        ‐$                         ‐$                         ‐$                     100,000$                  SCADA Cybersecurity 200,000$                      ‐$                        ‐$                         ‐$                         ‐$                     200,000$                  GIS Development 200,000$                     200,000$              200,000$               200,000$               200,000$             1,000,000$               Grant Support Services 100,000$                      ‐$                        ‐$                         ‐$                         ‐$                     100,000$                  Asset Management Services 1,000,000$                  ‐$                        ‐$                         ‐$                         ‐$                      1,000,000$               Inflow & Infiltration (I&I) Study 250,000$                      ‐$                        ‐$                         ‐$                         ‐$                     250,000$                  Water Distribution System Hydraulic Analysis/Modeling (Water Supply Is)100,000$                     ‐$                       ‐$                        ‐$                         ‐$                    100,000$                 Water Distribution Master Plan 200,000$               ‐$                         ‐$                         ‐$                     200,000$                  Force Main System Hydraulic Analysis/Modeling  - Sewer 100,000$                     ‐$                       ‐$                        ‐$                         ‐$                    100,000$                 Infrastructure Risk Assessment Study 250,000$                      ‐$                        ‐$                         ‐$                         ‐$                     250,000$                  Utilities Sustainability and Resiliency Feasibility Studies 300,000$                      ‐$                        ‐$                         ‐$                         ‐$                     300,000$                  District Energy Plant ‐ Master Plan 150,000$                      ‐$                        ‐$                         ‐$                         ‐$                     150,000$                  Studies/Analyses/Misc. 403 . ‐ TOTAL 3,050,000$                 400,000$              200,000$               200,000$               200,000$             4,050,000$               Grand Total Utilities CIP ‐ 403 Fund 37,921,500$                47,832,302$         61,412,500$          10,380,000$          4,600,000$         162,146,302$          Grand Total Utilities CIP ‐ 404 Fund 2,000,000$                  ‐$                        ‐$                         ‐$                         ‐$                      2,000,000$               Combined Total Utilities CIP 39,921,500$                47,832,302$         61,412,500$          10,380,000$          4,600,000$         164,146,302$          FY2024/25  FY2025/26  FY2026/27   FY2027/28  FY2028/29  FUNDING  FUNDING SOURCES ‐ 403  Proposed Budget    Plan   Plan   Plan   Plan  TOTAL  FUND RESERVES 25,591,000$                6,252,302$           (5,200,000)$        26,643,302$            INTEREST 800,000$                     800,000$              800,000$               800,000$               800,000$             4,000,000$               UTILITY FD TRANSFER 9,000,000$                  9,000,000$           9,000,000$            9,000,000$            9,000,000$          45,000,000$            ‐$                           GRANT 2,530,500$                  13,102,302$         12,857,500$          ‐$                         ‐$                      28,490,302$            FUTURE DEBT ‐ BONDS 18,677,698$         38,755,000$         580,000$                58,012,698$            BONDS ‐ 2016 ISSUE ‐$                           BONDS ‐ 2018 ISSUE Total Funding Sources ‐ 403 37,921,500$                47,832,302$         61,412,500$          10,380,000$          4,600,000$         162,146,302$          FY2024/25  FY2025/26  FY2026/27   FY2027/28  FY2028/29  FUNDING  FUNDING SOURCES ‐ 404  Proposed Budget    Plan   Plan   Plan   Plan  TOTAL  FUND RESERVES 1,250,000$                  (250,000)$             (250,000)$              (250,000)$              (250,000)$           250,000$                  INTEREST 250,000$                     250,000$              250,000$               250,000$               250,000$             1,250,000$               RESERVES: CAP FEES 500,000$                     500,000$                  GRANT ‐$                           OTHER FUNDING ‐$                           BONDS ‐ 2016 ISSUE ‐$                           BONDS ‐ 2018 ISSUE ‐$                           Total Funding Sources ‐ 404 2,000,000$                  ‐$                        ‐$                         ‐$                         ‐$                      2,000,000$               Total Funding Sources ‐ 403 & 404 39,921,500$                47,832,302$         61,412,500$          10,380,000$          4,600,000$         164,146,302$          55 City of Boynton Beach Agenda Item Request Form 2.D Other 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-191- Annual Comprehensive Fee Schedule Rate Changes for Fiscal Year 2024-2025. Requested Action: Staff recommends approval of Proposed Resolution No. R24-191. Explanation of Request: The attached fee schedule shows existing fees. This agenda item is brought forward annually as a centralized repository of fees collected by the City so that they may be reviewed annually and revised as necessary during the budget adoption process. The City Charter, Resolutions, Code of Ordinances, and Florida Statutes give the City Commission authority to set fees and charges for City services. This annual resolution was first implemented for Fiscal Year 2024 and will continue to be adopted annually. As part of the proposed Budget Adoption, there are three departments that are proposing rate changes. The new rates and the budgetary impact for Utilities and Sanitation are presented. The Park Impact Fee and Police Impact Fee rates are administered by Planning & Development. The attachments offer additional data for current and proposed additional changes. How will this affect city programs or services? Current fees and proposed changes listed are already accounted for in the Fiscal Year 2024-25 Budget. Fiscal Impact: Revenue increase Water $1.5 million Revenue increase Wastewater $.6 million Revenue increase Utility Miscellaneous $.25 million Revenue increase Sanitation $ .457 million Revenue increase Police Impact Fee $.213 million Revenue increase Park Impact Fee $1.1 million Attachments: R24-191 Agenda_Item_2021- 2023_Resolution_for_Comprehensive_Fee_Schedule_for_Fiscal_Year_2024-2025.docx Exhibit A for Resolution City Wide Fee Schedule - FY 2025 Comprehensive.pdf 56 RESOLUTION NO. R24-1911 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, ADOPTING THE ANNUAL COMPREHENSIVE FEE 4 SCHEDULE FOR FISCAL YEAR 2024-2025; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS,the City is authorized to establish and collect fees for services rendered by the7 City; and8 WHEREAS,the charges for various services should be reviewed and revised where9 necessary on an annual basis during the budget adoption process in order to provide resources10 to fund the City's upcoming budget; and11 WHEREAS,the adoption of a comprehensive Fee Schedule annually allows Staff and12 Commission to review fees on an annual basis, and all fees will be in one place for transparency13 and ease of use to City residents; and14 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 15 best interests of the city's citizens and residents to adopt the Annual Comprehensive Fee Schedule 16 for Fiscal Year 2024-2025.17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 19 BEACH, FLORIDA, THAT: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 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 23 adopt the Annual Comprehensive Fee Schedule for Fiscal Year 2024-2025, a copy of which is 24 attached hereto and incorporated herein as “Exhibit A”.25 SECTION 3.All resolutions or parts of resolutions in conflict herewith are hereby26 repealed to the extent of such conflict.27 SECTION 4.This Resolution shall take effect in accordance with law.28 [signatures on following page]29 30 31 57 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.32 CITY OF BOYNTON BEACH, FLORIDA33 YES NO34 Mayor – Ty Penserga __________35 36 Vice Mayor – Aimee Kelley __________37 38 Commissioner – Angela Cruz __________39 40 Commissioner – Woodrow L. Hay __________41 42 Commissioner – Thomas Turkin __________43 44 VOTE ______45 ATTEST:46 47 ___________________________________________________________48 Maylee De Jesús, MPA, MMC Ty Penserga49 City Clerk Mayor50 51 APPROVED AS TO FORM:52 (Corporate Seal)53 54 _______________________________55 Shawna G. Lamb56 City Attorney57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 City of Boynton Beach Agenda Item Request Form 2.E Other 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-192- Adopting the final fire assessment fee for fiscal year 2024-2025. Requested Action: Staff recommends approval of Proposed Resolution No. R24-192. Explanation of Request: On July 11, 2024, the City Commission adopted Resolution No. R24-149 to continue the Fire Assessment Program for FY 2024-2025. On August 13, 2024, the City published a “Notice of Hearing to Impose and Provide for Collection of Fire Rescue Special Assessments” in the Palm Beach Post. In addition, the City had a statutorily required Notice to Property Owner mailed to affected property owners by first class mail and the Palm Beach County Property Appraiser ’s Office mailed TRIM notices informing all property owners of the assessment via their proposed property tax bill. All notices provided the time, date and place of this Hearing and notice that the Commission would consider the adoption of the Final Assessment Resolution. The proposed Assessment for residential property owners is $145.00 annually per dwelling unit. This is a increase of $25 over the previous year. The City Commission recognizes that the Assessment may create a hardship on certain residential property owners in the City. Therefore, the Final Rate Resolution allows property owners to request H.E.L.P. (Hardship Extension Loan Program) for a total or partial waiver through an application review process. A copy of the application and criteria is attached. Notice of the Hardship Extension Loan Program (H.E.L.P.) will also be available on the City's website once approved by the Commission. In addition, the Resolution provides for a Mobile Home Park Vacancy Adjustment whereby an adjustment is made if there is an absence of structures on unoccupied spaces within a Mobile Home Park as compared to other residential properties. How will this affect city programs or services? The Fire Assessment provides partial funding to the total Fire Department in order to maintain its excellent response time and capital improvement needs. It does not provide funding for EMS services. Only Fire Rescue services are allowed under Florida Statutes. Fiscal Impact: For Fiscal Year 2024-25, the estimated gross Fire Rescue Assessed cost is $10,162,248 120 reduced to a net realized assessment of $8,840,118 after excluding tax exempt properties. The Fire Rescue Assessments to be assessed and apportioned among benefitted property parcels is as follows: Proposed FY 24/25: Property Use Category Rate Per Dwelling Unit Residential $145.00 Non-Residential Property Use Categories Rate Per Square Foot (*) Commercial $0.32 Industrial/Warehouse $0.07 Institutional $0.36 Nursing Home $0.36 (*)There is a maximum of 77,001 square foot cap on non-residential buildings. Current FY 23/24: Property Use Category Rate Per Dwelling Unit Residential $120.00 Non-Residential Property Use Categories Rate Per Square Foot (*) Commercial $0.27 Industrial/Warehouse $0.06 Institutional $0.30 Nursing Home $0.30 (*)There is a maximum of 77,001 square foot cap on non-residential buildings. The above rates for FY 24/25 only assess approximately 23.7% of the total operating costs of the Fire Department. Attachments: Res. 24-192 Annual Fire Assessment 2024--Resolution for Final Adoption.docx Fire Assessment Hardship Application 2024-2025.doc Proof of Publication.pdf Affidavit of Mailing.pdf 121 1 RESOLUTION NO. R24-1921 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 2 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, 3 FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON BEACH, 4 FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST 5 ASSESSED PROPERTY LOCATED WITHIN THE CITY FOR THE 6 FISCAL YEAR BEGINNING OCTOBER 1, 2024; APPROVING THE RATE 7 OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; 8 CONFIRMING AND CONTINUING A PROCEDURE FOR HARDSHIP 9 WAIVERS OR DEFERRALS OF ALL OR PART OF THE CITY’S FIRE 10 RESCUE SPECIAL ASSESSMENT INCLUDING APPLICATION AND 11 REVIEW BY THE CITY’S FINANCE DIRECTOR OR DESIGNEE, AND 12 ELIGIBILITY CRITERIA FOR SUCH WAIVERS; PROVIDING FOR 13 CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN14 EFFECTIVE DATE.15 16 WHEREAS, the City Commission of Boynton Beach, Florida (the “City Commission”), 17 has enacted Ordinance No. 08-017 (the “Ordinance”), which authorizes the imposition of Fire 18 Rescue Assessments each Fiscal Year for the fire rescue services, facilities, and programs against 19 Assessed Property located within the City; and20 WHEREAS,the imposition of a Fire Rescue Assessment for fire rescue services, facilities, 21 and programs each fiscal year is an equitable and efficient method of allocating and apportioning 22 the Fire Rescue Assessed Cost among parcels of Assessed Property; and23 WHEREAS, the City Commission desires to continue a Fire Rescue Assessment program 24 and impose a Fire Rescue Assessment in the City using the procedures provided by the Ordinance, 25 including the tax bill collection method, for the Fiscal Year beginning on October 1, 2024; and 26 WHEREAS, the City Commission, on July 1, 2008, adopted Resolution No. R08-067 (the 27 “Initial Assessment Resolution”); and28 WHEREAS,the City Commission adopted Resolution No. R24-149 (the “Preliminary 29 Assessment Resolution”) on July 11, 2024, which set forth the preliminary assessment rates for30 Fiscal Year 2024-25, and which contains and references a brief and general description of the fire 31 122 2 rescue services, facilities, and programs to be provided to Assessed Property; describes the method 32 of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment for fire 33 rescue services, facilities, and programs against Assessed Property; confirmed the rates of 34 assessment; and directs the updating and preparation of the Assessment Roll and provision of the 35 notice required by the Ordinance; and36 WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year beginning 37 October 1, 2024, the Ordinance requires the City Commission to adopt an Annual Rate Assessment 38 Resolution, which confirms and establishes the rates of assessment and approves the Assessment 39 Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems 40 appropriate, after hearing comments and objections of all interested parties; and41 WHEREAS, the Assessment Roll has heretofore been made available for inspection by 42 the public, as required by the Ordinance; and43 WHEREAS, notice of a public hearing has been published and mailed, as required by the 44 terms of the Ordinance. An Affidavit of Mailing is attached hereto as Appendix A and the Proof of 45 Publication is attached hereto as Appendix B; and46 WHEREAS, the City Commission recognizes that the special assessment may work a 47 hardship on certain residential property owners in the City and desires to continue to provide a 48 means whereby affected property owners may request a total or partial waiver of the special 49 assessment for hardship; and50 WHEREAS, a public hearing was held on September 3, 2024, and comments and 51 objections of all interested persons have been heard and considered as required by the terms of the 52 Ordinance.53 54 123 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE55 CITY OF BOYNTON BEACH, FLORIDA THAT:56 57 SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No. 08-58 017; Resolution No. R08-076; Resolution No. R24-149; Article VIII, Section 2, Florida 59 Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of 60 law.61 SECTION 2. DEFINITIONS AND INTERPRETATION.This resolution constitutes 62 the Annual Rate Resolution as defined in the Ordinance. All capitalized words and terms not 63 otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment 64 Resolution, and the Preliminary Assessment Resolution. 65 SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS.66 (A)The parcels of Assessed Property described in the Assessment Roll, which is hereby 67 approved, are hereby found to be specially benefited by the provision of the fire rescue services, 68 facilities, and programs described or referenced in the Preliminary Assessment Resolution in the 69 amount of the Fire Rescue Assessment set forth in the Assessment Roll, a copy of which was present 70 or available for inspection at the above referenced public hearing and is incorporated herein by 71 reference. It is hereby ascertained, determined, and declared that each parcel of Assessed Property 72 within the City will be specially benefited by the City’s provision of fire rescue services, facilities, 73 and programs in an amount not less than the Fire Rescue Assessment for such parcel, computed in 74 the manner set forth in the Preliminary Assessment Resolution. Adoption of this Annual Rate75 Resolution constitutes a legislative determination that all parcels assessed derive a special benefit 76 in a manner consistent with the legislative declarations, determinations, and findings as set forth in 77 the Ordinance, the Preliminary Assessment Resolution, and this Annual Rate Resolution from the 78 fire rescue services, facilities, or programs to be provided and a legislative determination that the 79 124 4 Fire Rescue Assessments are fairly and reasonably apportioned among the properties that receive 80 the special benefit as set forth in the Preliminary Assessment Resolution. 81 (B)The method for computing Fire Rescue Assessments described and referenced in 82 the Preliminary Assessment Resolution is hereby approved. The Parcel Apportionment 83 methodology described in Appendix F of the Preliminary Assessment Resolution and adopted in 84 Section 7 of the Preliminary Assessment Resolution is hereby approved.85 (C)For the Fiscal Year beginning October 1, 2024, the estimated net Fire Rescue 86 Assessed Cost to be assessed is $10,162,248.00. The Fire Rescue Assessments to be assessed and 87 apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel 88 Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year 89 commencing October 1, 2024, are hereby confirmed and established as follows:90 Property Use Category Rate Per Dwelling Unit Residential $145.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.32 Industrial/Warehouse $0.07 Institutional $0.36 Nursing Home $0.36 91 (D)The above rates of assessment are hereby approved. Fire Rescue Assessments for 92 fire rescue services, facilities, and programs in the amounts set forth in the Assessment Roll, as 93 herein approved, are hereby levied and imposed on all parcels of Assessed Property described in94 such Assessment Roll for the Fiscal Year beginning October 1, 2024.95 (E)As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment shall 96 be imposed upon a parcel of Government Property, except as provided in the Preliminary 97 Assessment Resolution, or upon Institutional Use buildings on a parcel of Institutional Property 98 whose building use is wholly exempt from taxation under Florida law. 99 125 5 (F)Any shortfall in the expected Fire Rescue Assessment proceeds due to any 100 reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized 101 by the City Commission shall be supplemented by any legally available funds, or combination of 102 such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue 103 Assessments. 104 (G)As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments 105 are also levied and imposed against all property for which a Building Permit is issued after adoption 106 of this Annual Rate Resolution based upon the rates of assessment approved herein. 107 (H)Fire Rescue Assessments shall constitute a lien upon the Assessed Property so 108 assessed equal in rank and dignity with the liens of all state, county, district, or municipal taxes and 109 other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior 110 in dignity to all other liens, titles, and claims until paid. 111 (I)The Assessment Roll, as herein approved, shall be delivered to the Tax Collector 112 for collection using the tax bill collection method in the manner prescribed by the Ordinance. The 113 Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non-114 Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C.115 (J)No Emergency Medical Services shall be funded from the Fire Rescue Assessment 116 revenues.117 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT118 RESOLUTION. The Preliminary Assessment Resolution, as may be amended herein, is hereby 119 confirmed. 120 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this 121 Annual Rate Resolution shall be the final adjudication of the issues presented (including, but not 122 126 6 limited to, the determination of special benefit and fair apportionment to the Assessed Property, the 123 method of apportionment and assessment, the rate of assessment, the Assessment Roll and the levy 124 and lien of the Fire Rescue Assessments) unless proper steps shall be initiated in a court of 125 competent jurisdiction to secure relief within 20 days from the date of this Annual Rate Resolution. 126 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS.127 (A)The City Commission of the City of Boynton Beach, Florida, hereby continues its 128 program for qualified individuals who need financial assistance to pay all or part of the Fire Rescue 129 Assessment levied on their property or who seek deferral of payment of all or part of the Fire Rescue 130 Assessment on their property. 131 (B)The City’s program for financial assistance shall be commonly referred to as 132 H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance are 133 available based upon need:134 1.Relief from all payments of an annual Fire Rescue Assessment.135 2.Relief from a portion of payments of an annual Fire Rescue Assessment.136 137 3.Deferral of payments of an annual Fire Rescue Assessment.138 4.Deferral of a portion of payments of an annual Fire Rescue Assessment.139 140 (C)The following individuals are eligible for financial assistance. 141 1.Residential Property Owners who meet 2024 HHS Poverty Guidelines.142 143 2.Residential property owners that are exempt from ad valorem taxation 144 pursuant to the following Florida Statutes are eligible to apply for a 145 Hardship Waiver or Deferral:146 147 a.Section 196.081, Florida Statutes (totally disabled veterans and 148 surviving spouses of veterans);149 150 b.Section 196.081, Florida Statutes (surviving spouses of first 151 responders who died in the line of duty);152 127 7 c.Section 196.091, Florida Statutes (disabled veterans confined to 153 wheelchairs);154 155 d.Section 196.101, Florida Statutes (totally and permanently disabled 156 persons);157 158 e.Section 196.102, Florida Statutes (totally and permanently disabled 159 first responders).160 161 3.Residential Property Owners that qualify for the additional homestead 162 exemption for persons 65 and over authorized pursuant to Section 196.075, 163 Florida Statutes are also eligible to apply for the Hardship Waiver. 164 165 4.Residential Property Owners that are qualified under the Florida Homestead 166 Property Tax Deferral Act, Section 197.242, et al., Florida Statutes. 167 168 (D)Eligible Residential Property Owners may submit an application for a Hardship 169 Waiver or Deferral on a form prepared by the City with the Finance Department. The Application 170 shall include the following:171 1.Documentation demonstrating eligibility for the Hardship Waiver or 172 Deferral through one of the criteria from exemptions listed in Section C 173 above;174 175 2.A copy of the Tax Bill for the subject property;176 3.Description of the facts and circumstances of the hardship.177 (E)The City’s Finance Department must receive all Applications for the Hardship 178 Waiver or Deferral on or before October 16, 2024. 179 (F)Once received, all applications shall be reviewed by the City’s Finance Director or 180 his or her designee (“Reviewing Official”). The Reviewing Official shall review the facts and 181 circumstances to determine whether a hardship exists to warrant a partial or total waiver of the 182 special assessment levied upon the applicant’s real property or a deferral of payment of such. The 183 decision of the Reviewing Official is final.184 128 8 (G)The Reviewing Official shall render a written decision and provide such to the 185 applicant.186 (H)If a partial or total waiver or deferral is granted by the Reviewing Official, the 187 Finance Director shall ensure appropriate documentation is provided to the Tax Collector as to the 188 revised amount of the assessment as to the applicant. 189 (I)An applicant may apply for a Hardship Waiver as to one property only.190 (J)An applicant must apply for the Hardship Waiver on an annual basis. 191 (K)A deferral may be granted for no longer than the end of the then-current fiscal year.192 (L)When financial assistance is granted pursuant to the H.E.L.P. program, any shortfall 193 in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment 194 of the Fire Rescue Assessments authorized by this Section shall be supplemented by any legally 195 available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived 196 from the Fire Rescue Assessments.197 SECTION 7. MOBILE HOME VACANCYADJUSTMENT.As authorized in Section 198 5(L) of the Preliminary Rate Resolution, there shall be a Mobile Home Vacancy Adjustment 199 procedure for Mobile Home and Recreational Vehicle Park Property, using the procedures 200 established in Resolution R11-089. Any shortfall in the expected Fire Rescue Assessment proceeds 201 due to any adjustment for vacancy shall be supplemented by any legally available funds and shall 202 not be paid for by proceeds or funds derived from Fire Rescue Assessments. Failure of the Owner 203 to timely provide the information to the City will result in no Vacancy Adjustment for the special 204 assessment. 205 SECTION 8. CONFLICTS.All resolutions or parts of resolutions in conflict herewith 206 are hereby repealed to the extent of such conflict.207 129 9 SECTION 9. SEVERABILITY. If any clause, section, other part or application of this 208 resolution is held by any Court of competent jurisdiction to be unconstitutional or invalid, in part 209 or application, it shall not affect the validity of the remaining portions or applications of this 210 Resolution.211 SECTION 10. EFFECTIVE DATE. This Resolution shall become effective immediately 212 upon its passage and adoption.213 PASSED AND ADOPTED this 3rd day of September, 2024.214 215 CITY OF BOYNTON BEACH, FLORIDA216 YES NO217 218 Mayor – Ty Penserga _____ _____219 220 Vice-Mayor – Aimee Kelley _____ _____221 222 Commissioner – Angela Cruz _____ _____223 224 Commissioner – Woodrow L. Hay _____ _____225 226 Commissioner – Thomas Turkin _____ _____227 228 VOTE ______229 ATTEST:230 231 ___________________________________________________________232 Maylee De Jesús, MPA, MMC Ty Penserga233 City Clerk Mayor234 235 APPROVED AS TO FORM:236 (Corporate Seal)237 _______________________________238 Shawna G. Lamb, City Attorney239 130 2 APPENDIX A AFFIDAVIT OF MAILING 131 3 APPENDIX B PROOF OF PUBLICATION 132 4 APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Mayor of the City of Boynton Beach, or authorized agent of the City of Boynton Beach, Florida (the “City”); as such, I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for fire rescue services (the “Non-Ad Valorem Assessment Roll”) for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above-described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Palm Beach County Tax Collector by September 13, 2024. IN WITNESS WHEREOF,I have subscribed this certificate and directed the same to be delivered to the Palm Beach County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll, this ____ day of _________________, 2024. CITY OF BOYNTON BEACH, FLORIDA BY: ________________________________ TITLE: _____________________________ [To be delivered to Palm Beach County Tax Collector by September 13] 133 APPLICATION DEADLINE OCTOBER 18, 2024 NAME: _________________________________________________________________________ (LAST)(FIRST) TELEPHONE # ______________________ ADDRESS: ______________________________________________________________________ (STREET)(CITY)(STATE)(ZIP) FOR EACH PERSON WHO RESIDES WITH YOU AT THE ABOVE ADDRESS, LIST THEIR NAME, AGE AND RELATIONSHIP TO YOU BELOW OR ON AN ATTACHED SHEET, IF NEEDED: (NAME) (AGE) (RELATIONSHIP) (NAME) (AGE) (RELATIONSHIP) I CERTIFY THAT I AM A RESIDENTIAL PROPERTY OWNER AND I MEET ONE (1) OF THE CRITERIA CHECKED IN THE BOX BELOW FOR WHICH I AM REQUESTING ELIGIBILITY FOR H.E.L.P. (Provide a copy of your 2023 Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments) (PLEASE CHECK THE APPROPRIATE BOX FOR WHICH YOU ARE REQUESTING ELIGIBILITY FOR H.E.L.P.) I qualify for the additional homestead exemption for persons 65 and over as noted on the attached Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments authorized pursuant to Florida Statutes Section 196.075. I qualify for the Florida Homestead Property Tax Deferral Act as noted on the attached Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments authorized pursuant to Section 197.242, et al., Florida Statutes I am a totally disabled veteran or the surviving spouse of a totally disabled veteran AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) I am a surviving spouse of first responder who died in the line of duty AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) I am a disabled veteran confined to a wheelchair AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section196.091. (Provide copy of disability letter from the government or a physician) I am permanently and totally disabled AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.101. (Provide copy of disability letter from the government or a physician) I am permanently and totally disabled first responder AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.102. (Provide copy of disability letter from the government or a physician) I meet the U.S. Department of Health & Human Services (HHS) Poverty Guidelines listed on Page 2 of this Application. (Provide a copy of your last two (2) years (2021 & 2022) Federal Income Tax Returns - AGI) OR IF YOU DID NOT FILE INCOME TAXES FOR THE PAST (2) YEARS (Provide a copy of your last three (3) months bank and investment statements for all accounts) NOTE: The City may require additional information to determine eligibility. (Please complete and sign Page 2 of this Application) City of Boynton Beach, Florida Fire Assessment Application for Determination of Eligibility for H.E.L.P. FISCAL YEAR 2024-2025 134 Fire Assessment Application for Determination of Eligibility for H.E.L.P. Page 2 Please explain the financial hardship that makes it difficult or impossible for you to pay this year’s Fire Assessment Amount as levied on the attached Notice from Palm Beach County. _______________________________________________________________________________ Under penalty of perjury, I hereby swear or affirm that the information I am submitting is true, complete and correct in order to determine my eligibility for H.E.L.P. _____________________________ ________ Applicant’s signature Date DETERMINING IF YOU MEET HHS POVERTY GUIDELINES 2024 HHS Poverty Guidelines Size of Family Unit Poverty Guideline 1 $ 15,060 2 $ 20,440 3 $25,820 4 $ 31,200 5 $36,580 6 $41,960 7 $47,340 8 $52,720 For each additional person, add $ 5,380 Source: https://aspe.hhs.gov/topics/poverty- economic-mobility/poverty-guidelines PLEASE NOTE WHAT INCOME TO INCLUDE Income used to calculate if you meet poverty level status includes the following sources: Wages, unemployment compensation, Social Security, Supplemental Social Security Income, public assistance, veterans’ payments, survivor benefits, pension or retirement income, interest, dividends, rents, royalties, income from estates, trust, educational assistance, alimony, child support, assistance from outside the household, and other miscellaneous sources. CITY REVIEW PROCESS: Applicant submits application to City of Boynton Beach, Financial Services Department, P.O. Box 310, Boynton Beach FL 33425-0310 delivered no later than October 18, 2024 The Hardship Waiver will be reviewed by the City’s Finance Director or his or her designee (Reviewing Official). Once the Reviewing Official makes a determination, the applicant will be notified in writing of the Reviewing Official’s decision. The decision of the Reviewing Official is final. PLEASE SIGN AND RETURN THIS COMPLETED APPLICATION, ALONG WITH YOUR 2023 TAX NOTICE FROM PALM BEACH COUNTY AND THE REQUIRED DOCUMENTATION FOR THE BOX CHECKED ON PAGE 1 OF THIS APPLICATION TO: City of Boynton Beach Financial Services Department P.O. Box 310 Boynton Beach, FL 33425-0310 (561) 742-6310 135 136 137 138 139 140 141 142 143 City of Boynton Beach Agenda Item Request Form 3.D Announcements, Community and Special Events And Presentations 09/ 3/2024 Meeting Date: 09/ 3/2024 Proclamation- Hunger Action Month. Requested Action: Read and present the proclamation to Feeding South Florida, naming September 2024 as Hunger Action Month. The proclamation will be accepted by Amy Talbot, from Feeding South Florida. Explanation of Request: Feeding South Florida works in your community to address hunger and food insecurity. We are preparing for Hunger Action Month in September; a time when food banks nationwide “Go Orange” and inspire our communities to take action, raising awareness of hunger. How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Hunger Action Month.docx 144 Proclamation WHEREAS:since 1981 Feeding South Florida® has worked to end hunger in the City of Boynton Beach by providing our community in need with immediate access to nutritious food. WHEREAS:hunger does not discriminate. It knows no race, religion, or age. In South Florida approximately one million individuals face hunger. Food should not be an impossible choice for the community of the City of Boynton Beach. WHEREAS:Feeding South Florida leads hunger and poverty advocacy efforts in our community while transforming lives through innovative programming and education that provides economic growth and overall well-being. WHEREAS:the City of Boynton Beach is therefore committed to supporting Feeding South Florida, so that together we can achieve a hunger-free South Florida. NOW THEREFORE: be it resolved that I,Vice Mayor Aimee Kelley, and Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim September Two Thousand Twenty-Four, as: Hunger Action Month and call upon the good people of the City of Boynton Beach to join me in supporting Feeding South Florida during this month of action! IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 3rd day of September Two Thousand Twenty-Four. Aimee Kelley,Vice Mayor Ty Penserga, Mayor ATTEST: Maylee De Jesús, MMC City Clerk 145 City of Boynton Beach Agenda Item Request Form 5.A Administrative 09/ 3/2024 Meeting Date: 09/ 3/2024 Community Support Funds. Requested Action: Approve Community Support Funds requests from Vice Mayor Kelley, Commissioner Turkin and Commissioner Hay. How will this affect city programs or services? NA Fiscal Impact: There will be no fiscal impact to the budget for this item. Attachments: Freedom Shores Elementary PTO - Vice Mayor Kelley SBG Boynton Purple Cobras - Vice Mayor Kelley Girl Scouts of Southeast Florida - Vice Mayor Kelley Citrus Cove Elementary PTO - Vice Mayor Kelley Women's Foundation - Vice Mayor Kelley Boynton Beach Bulldogs - Vice Mayor Kelley SBG Boynton Purple Cobras-Commissioner Turkin DPBA - Chapel Hill-Commissioner Turkin East Boynton Little League-Commissioner Turkin Girl Scouts of Southeast Florida-Commissioner Hay Pathways to Prosperity Men of Vision and Purpose-Commissioner Hay Pathways to Prosperity Boynton Beach Mental Health-Commissioner Hay 146 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@BC0A5A3D\@BCL@BC0A5A3D.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: August 21, 2024 Requested by Mayor/Commissioner:Vice Mayor Kelley_____ _____ Amount Requested:$625 _______ ________ ____ Recipient/Payee:Freedom Shores Elementary PTO Description of project, program, or activity to be funded:_ __________________________________________________ ___________________ _________________________________________________ ____________________ ___________________________________________________ __________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $1,375. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________By: ________________________________ Requesting Member of the City Commission 147 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40AEB5C\@BCL@C40AEB5C.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: August 21, 2024 Requested by Mayor/Commissioner:Vice Mayor Kelley_____ _____ Amount Requested:$500 _______ ________ ____ Recipient/Payee:SGB Boynton Beach Purple Cobras Description of project, program, or activity to be funded:_ __________________________________________________ ___________________ _________________________________________________ ____________________ ___________________________________________________ __________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $500. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________By: ________________________________ Requesting Member of the City Commission 148 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@CC0A1D65\@BCL@CC0A1D65.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: August 21, 2024 Requested by Mayor/Commissioner:Vice Mayor Kelley_____ _____ Amount Requested:$500 _______ ________ ____ Recipient/Payee:SGB Boynton Beach Purple Cobras Description of project, program, or activity to be funded:_ __________________________________________________ ___________________ _________________________________________________ ____________________ ___________________________________________________ __________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $500. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________By: ________________________________ Requesting Member of the City Commission 149 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D40A576D\@BCL@D40A576D.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: August 21, 2024 Requested by Mayor/Commissioner:Vice Mayor Kelley __________ Amount Requested:$625_______ ____________ Recipient/Payee:Citrus Cove Elementary - PTO Description of project, program, or activity to be funded:_ __________________________________________________ ___________________ _________________________________________________ ____________________ ___________________________________________________ __________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $2,000. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________By: ________________________________ Requesting Member of the City Commission 150 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@DC0AAC75\@BCL@DC0AAC75.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: August 21, 2024 Requested by Mayor/Commissioner:Vice Mayor Kelley __________ Amount Requested:$1,000_______ ____________ Recipient/Payee:Women’s Foundation Description of project, program, or activity to be funded: _ __________________________________________________ ___________________ _________________________________________________ ____________________ ___________________________________________________ __________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $3,000. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________By: ________________________________ Requesting Member of the City Commission 151 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E40A4483\@BCL@E40A4483.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: August 21, 2024 Requested by Mayor/Commissioner:Vice Mayor Kelley __________ Amount Requested:$500_________ ____________ Recipient/Payee:Boynton Beach Bulldogs Description of project, program, or activity to be funded: Youth Football Program _ __________________________________________________ ___________________ _________________________________________________ ____________________ ___________________________________________________ __________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $3,500. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________By: ________________________________ Requesting Member of the City Commission 152 R15-055 R22-140 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@140BEAD9\@BCL@140BEAD9.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: August 21, 2024 Requested by Mayor/Commissioner:Commissioner Turkin__ _______ Amount Requested:_$1,400 _______________ Recipient/Payee:_SGB Boynton Purple Cobras_ _ Description of project, program, or activity to be funded: _ __________________________________________________ ___________________ _________________________________________________ ____________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $2,575. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation  Dated:_____________By: ________________________________ Requesting Member of the City Commission 153 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@140B931C\@BCL@140B931C.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: August 23, 2024 Requested by Mayor/Commissioner:Commissioner Turkin____ ___ _ Amount Requested:$500 ___ _______________ Recipient/Payee:Delray Beach PBA_______ ____ Description of project, program, or activity to be funded: _________________________ __________________________________________________ ___________________ Chapel Hill_______________________________________________ _ ___________________________________________________ __________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $1,750. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________By: ________________________________ Requesting Member of the City Commission 154 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@1C0BEFCA\@BCL@1C0BEFCA.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: August 26, 2024 Requested by Mayor/Commissioner:Vice Mayor Turkin_________ _ Amount Requested:$675 ___ _______________ Recipient/Payee:East Boynton Little League Description of project, program, or activity to be funded: __ __________________________________________________ ___________________ _________________________________________________ ____________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $675. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation  Dated:_____________By: ________________________________ Requesting Member of the City Commission 155 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@1C0B73B6\@BCL@1C0B73B6.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 8/23/24 Requested by Mayor/Commissioner:Woodrow Hay Amount Requested:$1,000 ________________ Recipient/Payee:Girl Scouts of Southeast Florida Description of project, program, or activity to be funded: _________________________ __________________________________________________ ___________________ _ _______ ___________________________________________________ __________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $1,000. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated: _____________By: ________________________________ Requesting Member of the City Commission 156 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@240B4436\@BCL@240B4436.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 8/23/24 Requested by Mayor/Commissioner:Woodrow Hay Amount Requested:$500 __________________ Recipient/Payee:Pathways to Prosperity ____ _ Description of project, program, or activity to be funded: _________________________ __________________________________________________ ___________________ Men of Vision and Purpose ________ ___________________________________________________ __________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $1,500. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated: _____________By: ________________________________ Requesting Member of the City Commission 157 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2C0B97B5\@BCL@2C0B97B5.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 8/23/24 Requested by Mayor/Commissioner:Woodrow Hay Amount Requested:$500 __________________ Recipient/Payee:Pathways to Prosperity ____ _ Description of project, program, or activity to be funded: _________________________ __________________________________________________ ___________________ Boynton Mental Health Committee ________ ___________________________________________________ __________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $2,000. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated: _____________By: ________________________________ Requesting Member of the City Commission 158 City of Boynton Beach Agenda Item Request Form 5.B Administrative 09/ 3/2024 Meeting Date: 09/ 3/2024 Discussion regarding changing the date of the first Commission meeting in November, due to the National Election. Requested Action: Discuss changing the first meeting in November, due to the National Election. Staff recommends shifting the meeting to November 6, 2024, based on availability of the Commission Chambers, or cancel the meeting. In addition, the National League of Cities Conference is November 12 - 16, 2024. 159 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-193- Approve a 3-year, 36-month subscription agreement with AT&T to add SIP Lines (Session Initiation Protocol Lines) to the Police Department's Communication Center. The total amount for three years is $25,777.80 ($8,592.60/year). Requested Action: Staff recommends approval of Proposed Resolution No. R24-193. Explanation of Request: The Boynton Beach Police Department's 911 Public Safety Answering Point (PSAP) is the only PSAP in Palm Beach County currently relying on copper phone lines. AT&T no longer supports or provides maintenance for these copper lines. In the event these traditional PRI or analog lines are cut, or a power failure occurs, the Communications Center is unable to answer or receive 911 and non-emergency calls. To alleviate this problem, SIP, or Session Initiation Protocol, is required to obviate obsolete technologies such as the public switched telephone networks (PSTN) and physical lines for communications. SIP is a contemporary and cost-effective alternative to the conventional landline systems currently in use and will not fail in the event of a power failure or cut line. In contrast to traditional PRI and analog lines, which exclusively handle voice data and offer restricted functionalities, SIP solutions facilitate voice, video, instant messaging, and integration with the city’s extant internet infrastructure through telephony. This agreement is on a vendor template and contains non-standard terms, including a requirement that the City indemnify AT&T. Additional disclosures of non-standard terms are attached. While the contract expenditure is within the purchasing threshold for administrative approval, in accordance with the Purchasing Policy, any contract that requires the City to indemnify a third party requires City Commission approval. How will this affect city programs or services? With SIP lines, a cut line or power failure will not cause a loss of communications with the public. Through SIP Trunking, the Communications Center will attain an expanded call capacity facilitated via a unified conduit, thereby enabling the transmission and reception of diverse data types, including voice calls, 160 text, and video. A solitary SIP trunk can configure a substantial number of SIP lines, accommodating hundreds of SIP channels in VoIP call centers, with each channel allocated to a singular communication. This means the Communications Center will be able to maintain communication with the public during periods of high traffic and ensure that 911 calls will not be missed or delayed. Fiscal Impact: $716.05/Month $8592.60/Year $25,777.80 Total for 36 Months Attachments: R24-193 Agenda_Item_1947-2023_Resolution_for_AT_T.docx Exhibit A to Resolution - ATT Dedicated Internet Voice Bundle_CONTRACT_ID_6894732-SIP Lines.pdf Exhibit to Agmt - Boynton Beach Police Proposal-SIP Lines.pdf Disclosures for ATT Agreement.pdf 161 RESOLUTION NO. R24-1931 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A THREE (3)-YEAR SUBSCRIPTION 4 AGREEMENT WITH AT&T FOR DEDICATED INTERNET WITH VOICE BUNDLE5 SERVICES FOR A TOTAL AMOUNT NOT TO EXCEED $25,777.80; AND FOR 6 ALL OTHER PURPOSES. 7 8 WHEREAS,the Boynton Beach Police Department's 911 Public Safety Answering Point 9 (PSAP) is the only PSAP in Palm Beach County currently relying on copper phone lines. However, 10 AT&T no longer supports or provides maintenance for these copper lines. In the event, these 11 traditional PRI or analog lines are cut, or a power failure occurs, the Communications Center is 12 unable to answer or receive 911 and non-emergency calls. To alleviate this problem, SIP, or Session 13 Initiation Protocol, is required to obviate the now obsolete technologies such as the public 14 switched telephone networks (PSTN) and physical lines for communications; and15 WHEREAS,SIP is a contemporary and cost-effective alternative to conventional landline 16 systems currently in use. It will not fail in the event of a power failure or cut line. In contrast to 17 traditional PRI and analog lines, which exclusively handle voice data and offer restricted 18 functionalities, SIP solutions facilitate voice, video, instant messaging, and integration with the 19 city’s extant internet infrastructure through telephony; and20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 21 best interests of the city's citizens and residents to approve a three (3)-year subscription 22 agreement with AT&T for Dedicated Internet with Voice Bundle services for a total amount not to 23 exceed $25,777.80. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 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 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve a three (3)-year subscription agreement with AT&T for Dedicated Internet with Voice 31 Bundle services for a total amount not to exceed $25,777.80 (the “Agreement”), in form and 32 162 substance similar to that attached as “Exhibit A. “33 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 35 ancillary documents required under the Agreement or necessary to accomplish the purposes of 36 the Agreement and this Resolution.37 SECTION 4.The original Agreement shall be forwarded to Michael Johnson in the Police 38 Departmentto obtain execution of the Agreement by AT&T. Michael Johnsonshall be responsible 39 for ensuring that one fully-executed Agreement is returned to the City, to be provided to the 40 Office of the City Attorney for forwarding to the City Clerk for retention as a public record.41 SECTION 5.This Resolution shall take effect in accordance with law.42 43 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.44 CITY OF BOYNTON BEACH, FLORIDA45 YES NO46 Mayor – Ty Penserga __________47 48 Vice Mayor – Aimee Kelley __________49 50 Commissioner – Angela Cruz __________51 52 Commissioner – Woodrow L. Hay __________53 54 Commissioner – Thomas Turkin __________55 56 VOTE ______57 ATTEST:58 59 ___________________________________________________________60 Maylee De Jesús, MPA, MMC Ty Penserga61 City Clerk Mayor62 63 APPROVED AS TO FORM:64 (Corporate Seal)65 _______________________________66 Shawna G. Lamb67 City Attorney68 163 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V5 – 01/16/2021 Rate ID: ADIVB-031723-50, USOFN20 AT&T and Customer Confidential Information Page 1 of 7 The rates, discounts and other provisions in this Agreement are contingent upon signature by both parties on or before December 31, 2025. For AT&T Administrative Use Only attuid: AD9971 Account # ____________________ Master Customer # ____________________ Doc Viewer ID: ____________________ Contract ID#: ADV14665067 Company Name (“Customer”) AT&T – Contact For Notices AT&T Sales Contact - Primary Contact Legal Name: BOYNTON BEACH POLICE AT&T Corp Name: Anthony Dominguez Street Address: 2100 HIGH RIDGE RD One AT&T Way Street Address: 12150 Research Pkwy City: BOYNTON BEACH, State: FL Zip: 33426 Bedminster, NJ 07921-0752 City: Orlando, State: FL Zip: 32826 Tel # 5617426170 ATTN: Master Agreement Support Team: mast@att.com Tel # 4074030390 AGREEMENT TERMS 1. SERVICES Service Service Publications Location AT&T Dedicated Internet & Voice Bundle (ADIVB)http://serviceguidenew.att.com/sg_flashPlayerPage/BVOIP (See AT&T Dedicated Internet & Voice Bundle) 2. AGREEMENT TERM AND EFFECTIVE DATES OF RATES Term Term Start Date/Effective Date of Rates and Discounts 3 years Effective Date of this Agreement 3. SERVICES COMPONENTS AND RATES (PRICES) 3.1. AT&T Dedicated Internet & Voice Bundle Port Speed Concurrent Calls Off-Net long distance - Included Minutes (per month) Monthly Service Charge Group 1 Monthly Service Charge Group 2 Monthly Service Charge Group 3 10 Mbps 5 1,500 $490.50 $620.00 $765.00 10 Mbps 10 3,000 $499.00 $683.00 $786.00 10 Mbps 15 4,500 $589.00 $725.00 $828.00 10 Mbps 23 6,900 $677.00 $792.00 $895.00 10 Mbps 30 9,000 $754.00 $850.50 $953.50 10 Mbps 46 13,800 $930.00 $984.00 $1,087.00 20 Mbps 5 1,500 $550.00 $820.00 $930.00 20 Mbps 10 3,000 $555.00 $882.00 $951.00 20 Mbps 15 4,500 $648.50 $929.50 $998.50 20 Mbps 23 6,900 $736.50 $1,005.50 $1,074.50 20 Mbps 30 9,000 $813.50 $1,071.50 $1,140.50 20 Mbps 46 13,800 $989.50 $1,223.00 $1,292.00 50 Mbps 5 1,500 $628.50 $1,080.00 $1,175.00 50 Mbps 10 3,000 $672.00 $1,138.50 $1,224.50 50 Mbps 15 4,500 $727.00 $1,186.00 $1,272.00 50 Mbps 23 6,900 $815.00 $1,261.50 $1,347.50 50 Mbps 30 9,000 $892.00 $1,328.00 $1,414.00 50 Mbps 46 13,800 $1,068.00 $1,479.50 $1,565.50 Contract Id: 6894732 164 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V5 – 01/16/2021 Rate ID: ADIVB-031723-50, USOFN20 AT&T and Customer Confidential Information Page 2 of 7 100 Mbps 5 1,500 $795.00 $1,420.00 $1,600.00 100 Mbps 10 3,000 $838.50 $1,495.00 $1,634.50 100 Mbps 15 4,500 $893.50 $1,540.00 $1,680.00 100 Mbps 23 6,900 $981.50 $1,612.50 $1,752.50 100 Mbps 30 9,000 $1,058.50 $1,676.00 $1,816.00 100 Mbps 46 13,800 $1,234.50 $1,821.50 $1,961.00 150 Mbps 5 1,500 $853.50 $1,720.00 $1,725.00 150 Mbps 10 3,000 $897.00 $1,786.00 $1,962.50 150 Mbps 15 4,500 $952.00 $1,833.00 $2,010.00 150 Mbps 23 6,900 $1,040.00 $1,909.00 $2,086.00 150 Mbps 30 9,000 $1,117.00 $1,975.50 $2,152.00 150 Mbps 46 13,800 $1,293.00 $2,127.00 $2,303.50 250 Mbps 5 1,500 $1,056.00 $2,270.00 $2,475.00 250 Mbps 10 3,000 $1,099.50 $2,322.00 $2,523.50 250 Mbps 15 4,500 $1,154.50 $2,369.00 $2,570.50 250 Mbps 23 6,900 $1,242.50 $2,445.00 $2,646.50 250 Mbps 30 9,000 $1,319.50 $2,511.00 $2,713.00 250 Mbps 46 13,800 $1,495.50 $2,662.50 $2,864.50 400 Mbps 5 1,500 $1,194.50 $3,046.00 $3,360.00 400 Mbps 10 3,000 $1,238.00 $3,095.50 $3,399.50 400 Mbps 15 4,500 $1,293.00 $3,141.00 $3,445.00 400 Mbps 23 6,900 $1,381.00 $3,213.50 $3,517.50 400 Mbps 30 9,000 $1,458.00 $3,277.00 $3,581.00 400 Mbps 46 13,800 $1,634.00 $3,422.00 $3,726.00 500 Mbps 5 1,500 $1,251.00 $3,655.00 $4,050.00 500 Mbps 10 3,000 $1,294.50 $3,705.00 $4,094.50 500 Mbps 15 4,500 $1,349.50 $3,750.50 $4,140.00 500 Mbps 23 6,900 $1,437.50 $3,823.00 $4,212.50 500 Mbps 30 9,000 $1,514.50 $3,886.50 $4,276.00 500 Mbps 46 13,800 $1,690.50 $4,032.00 $4,421.00 600 Mbps 5 1,500 $1,378.50 $4,060.00 $4,450.00 600 Mbps 10 3,000 $1,422.00 $4,162.00 $4,597.50 600 Mbps 15 4,500 $1,477.00 $4,234.50 $4,670.00 600 Mbps 23 6,900 $1,565.00 $4,298.00 $4,733.50 600 Mbps 30 9,000 $1,642.00 $4,443.00 $4,878.50 600 Mbps 46 13,800 $1,818.00 $4,443.00 $4,878.50 1,000 Mbps 5 1,500 $1,628.50 $4,440.00 $4,985.00 1,000 Mbps 10 3,000 $1,672.00 $4,541.00 $5,046.50 1,000 Mbps 15 4,500 $1,727.00 $4,613.50 $5,119.00 1,000 Mbps 23 6,900 $1,815.00 $4,677.00 $5,182.50 1,000 Mbps 30 9,000 $1,892.00 $4,822.00 $5,328.00 1,000 Mbps 46 13,800 $2,068.00 $4,822.00 $5,328.00 On-Net Calling & Local Off-Net Calling Unlimited Enhanced Features Package (per concurrent call)$1.60 US Off-Net per minute calling charge in excess of Off- Net long distance included minutes $0.0400 Telephone Number Charge (per number)$0.15 Contract Id: 6894732 165 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V5 – 01/16/2021 Rate ID: ADIVB-031723-50, USOFN20 AT&T and Customer Confidential Information Page 3 of 7 IP Toll-Free Calling Plan Charge, Monthly Charge per Site*$15.00 * Includes 1,000 minutes of usage per month per calling Plan G per Customer. Additional usage charges shall apply for aggregate usage over 1,000 minutes per the AT&T IP Toll-Free table below. IP Toll-Free can only be added to a new order for ADIVB. Business In A Box Base Unit NextGen $0.00 Service Components: 20% International Off-Net Outbound Calls – Land-Line (Fixed) and Mobile Terminations (per minute) Service Component Discount applied to Service Guide rates, as revised from time to time AT&T IP Toll-Free United States Calling Plan Calling Plan G AT&T IPTF Inbound – Interstate Usage AT&T IPTF Calling Charge – US Intrastate Usage AT&T IPTF Inbound –Canada to US Usage See BVOIP SG – AT&T Dedicated Internet & Voice Bundle, for Rate Table as revised from time to time 4. WAIVERS Charges Waived Minimum Retention Period Monthly Charge per Dialed Toll-Free number for AT&T Toll-Free Advanced Features (Classic)-Feature Package II-Routing Plan Option Non-Recurring Charge per Dialed Toll-Free number for AT&T Toll-Free Advanced Features (Classic)-Feature Package II-Routing Plan Option AT&T IPTF Calling Plan G Non- Recurring Charge Dial Plan Setup Fee BVoIP Toll-Free Routing Arrangement (APN) Charge, Monthly Charge Per Site * N/A: Not Applicable ** This waiver applies only to new AT&T Toll-Free Advanced Features accounts. If a Toll- Free number is associated with an existing AT&T Toll-Free Advanced Features account, AT&T Toll-Free Advanced Features (Classic)-Feature Package II-Routing Plan Option will be billed on that account. N/A* 5. MINIMUM PAYMENT PERIOD Service Components Percent of Monthly Service Charge Due Upon Termination Prior to Completion of Minimum Payment Period Minimum Payment Period per Service Component All Service Components 50%Longer of 12 months or until the end of the Agreement Term 6. AT&T DEDICATED INTERNET & VOICE BUNDLE GENERAL TERMS AND CONDITIONS 6.1. Agreement: AT&T and/or its Affiliates shall provide Customer products and services identified in this document (“Services”) pursuant to the “Agreement” consisting of this document and the following applicable “Service Publications”, incorporated by reference: (i) Tariff(s), Guidebook(s) and/or Service Guide(s) found at att.com/service publications, and (ii) the AT&T Acceptable Use Policy (“AUP”) found at att.com/aup. AT&T may revise the Service Publications at any time. The order of priority of the documents that form the Agreement is, in descending order: this document; the AUP; and, then the applicable Tariff(s), Guidebook(s) and/or Service Guide(s) (provided, however, Tariffs will be first in priority in any jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms). Contract Id: 6894732 166 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V5 – 01/16/2021 Rate ID: ADIVB-031723-50, USOFN20 AT&T and Customer Confidential Information Page 4 of 7 6.2. Services: AT&T will provide or arrange to have the Service provided to Customer subject to availability and operational limitations of systems, facilities and equipment. Customer may not resell any component of the Service without AT&T’s written consent. Customer will cause Users to comply with the Agreement and Customer is responsible for their use of the Service or any component of the Service, unless expressly provided to the contrary in a Service Publication. 6.3. Access to Premises: Customer will in a timely manner allow AT&T to access, or, at Customer’s expense, obtain timely access for AT&T to, property (other than public property) and equipment reasonably required to provide the Service. Access includes information and the right to construct, install, repair, maintain, replace and remove access lines and network facilities, and use ancillary equipment space within the building, necessary for Customer’s connection to AT&T’s network. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and other items required to perform installation of the Services, and obtain any necessary licenses, permits and consents (including easements and rights-of-way). 6.4. Hazardous Materials: Customer will ensure that the Site is a suitable and safe working environment, free of any substance or material that poses an unreasonable risk to health, safety, or property or whose use, transport, storage, handling, disposal, or release is regulated by any law related to pollution, protection of air, water, or soil, or health and safety. If AT&T encounters any such hazardous materials at a Site, AT&T may terminate the affected Service Component, or suspend performance until Customer remediates the condition. 6.5. Independent Contractor Relationship: Each party is an independent contractor. Neither party controls the other, and neither party nor its Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party. 6.6. License and Third-Party Terms: Software, Purchased Equipment and Third-Party Services, if any, may be provided subject to the terms of a separate license or other agreement between Customer and either the licensor, the third-party service provider or the manufacturer. Customer’s execution of this Agreement is Customer’s agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise, AT&T’s sole responsibility with respect to Third-Party Services is to place Customer’s orders for Third-Party Services, except that AT&T may invoice and collect payment from Customer for the Third-Party Services. 6.7. AT&T Equipment: Title to AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T Equipment, must keep the AT&T Equipment physically secure and free from liens and encumbrances and will bear the risk of loss or damage (other than ordinary wear and tear) to AT&T Equipment. 6.8. Prices: Unless this document states otherwise, the prices listed in the Agreement are stabilized for the Term and no promotion, credit, discount or waiver set forth in a Service Publication will apply. 6.9. Taxes; Surcharges; Fees. Prices in this Agreement are exclusive of, and Customer will pay, all current or future taxes, surcharges, recovery fees, shipping charges, and other similar charges. 6.10. Billing, Payments and Deposits: Payment is due thirty (30) days after the invoice date and must refer to the invoice number. Restrictive endorsements or other statements on checks are void. If Customer does not dispute a charge in writing within six (6) months date of the invoice in which the disputed charge initially appears, Customer waives the right to dispute the charge. AT&T may recover all costs (including attorney fees) of collecting delinquent or dishonored payments and may charge a late fee for overdue payments at the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law; plus all costs (including attorney fees) of collecting delinquent or dishonored payments. AT&T may require Customer to establish a deposit as a condition of providing Services, and AT&T may apply such deposit to any charges owed. Customer authorizes AT&T to investigate Customer’s credit and share information about Customer with credit reporting agencies. 6.11. Expiration of Term: At the end of the Term (but subject to any existing Minimum Payment Period), Customer may continue Service under a month- to-month service arrangement at the prices, terms and conditions in effect on the last day of the Term; however, upon expiration of the Term or applicable MPP, whichever is later, AT&T may change such prices, terms or conditions on 30 days’ prior notice to Customer and either party may terminate such service arrangement upon thirty (30) days’ notice. 6.12. Termination and Suspension: Either party may terminate this Agreement immediately upon notice if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, or makes an assignment for the benefit of its creditors. Either Party may terminate an affected Service for material breach, and AT&T may terminate or suspend (and later terminate) an affected Service, if such breach is not cured within 30 days of notice. If Customer is in violation of the AUP and fails to rectify the violation within five (5) days after receiving notice from AT&T, then AT&T may suspend or Contract Id: 6894732 167 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V5 – 01/16/2021 Rate ID: ADIVB-031723-50, USOFN20 AT&T and Customer Confidential Information Page 5 of 7 terminate the affected Service. Provided, however, if Customer: (i) commits a fraud upon AT&T; (ii) utilizes the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T’s network or Service; or (v) interferes with another customer’s use of AT&T’s network or services, AT&T may terminate or suspend a Service, and, if the violating activity implicates the entire Agreement, terminate the entire Agreement, immediately upon notice. AT&T also has the right to suspend or terminate the applicable portion of the Service immediately when: (i) AT&T’s suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines: (a) that it may be exposed to sanctions, liability, prosecution, or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of AT&T’s network or networks with which AT&T is interconnected or interfere with another customer’s use of AT&T Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&T’s customers or their respective employees. 6.13. Early Termination Charges: If Customer terminates a Service or Service Component for Customer’s convenience or AT&T terminates a Service or Service Component for cause, Customer must pay: (i) 50% of any unpaid recurring charges for the terminated Service Component attributable to the unexpired portion of an applicable Minimum Payment Period, (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits or waived or unpaid non-recurring charges, and (iii) any access facilities cancellation charges and other third-party charges incurred by AT&T due to the termination. The charges set forth in this section will not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only if the Minimum Payment Period or Minimum Retention Period, as applicable, (the “Minimum Period”) and associated charge for the replacement Service Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service Component, respectively, and if the upgrade is not restricted in the applicable Service Publication. 6.14. Withdrawal of Service or Service Component: Notwithstanding that this Agreement may commit AT&T to provide a Service to Customer for a Term, unless applicable local law or regulation mandates otherwise, AT&T may discontinue a Service or a Service Component to similarly situated customers and terminate Customer’s Service or Service Component upon 120 days’ notice. 6.15. Disclaimer of Warranties and Liability: AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY, DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND DISCLAIMS ANY WARRANTIES ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS) AND MAKES NO WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA AND INFORMATION OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, SERVICE ERRORS OR INTERRUPTIONS, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR LIABILITY EXPLICITLY SET FORTH HEREIN); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER’S OR OTHERS’ APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS. 6.16. Limitation of Liability: AT&T’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY FOR DAMAGES ARISING OUT OF AT&T’s BREACH OF THIS AGREEMENT AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPLICABLE CREDITS SPECIFIED IN THE SERVICE PUBLICATION OR, IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES TO CUSTOMER FOR SERVICE TO WHICH SUCH BREACH RELATES DURING THE PERIOD IN WHICH SUCH BREACH OCCURS AND CONTINUES. THIS LIMITATION WILL NOT APPLY TO BODILY INJURY, DEATH OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T’S NEGLIGENCE OR INTENTIONAL MISCONDUCT. ALL SOFTWARE AND PURCHASED EQUIPMENT IS PROVIDED TO CUSTOMER ON AN “AS IS” BASIS. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. 6.17. The above Disclaimer or Warranties and Liability and Limitations of Liability will apply regardless of the form of action, whether in contract, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility of such damages. These disclaimers and limitations of liability will survive failure of any exclusive remedies provided in this Agreement. 6.18. Indemnity: Customer agrees at its expense to defend, indemnify and hold harmless AT&T, its Affiliates and its and their employees, directors, subcontractors and suppliers or to pay all damages finally awarded against such parties on account of a third-party claim where: (i) the claim arises from Contract Id: 6894732 168 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V5 – 01/16/2021 Rate ID: ADIVB-031723-50, USOFN20 AT&T and Customer Confidential Information Page 6 of 7 Customer’s or a User’s use of a Service; (ii) the claim alleges a breach by Customer, its Affiliates or Users of a Software license agreement; or (iii) alleges that a Service infringes any patent, trademark, copyright or trade secret where the claimed infringement arises out of or results from: (a) Customer’s, its Affiliate’s or a User’s content; (b) modifications to the Service by Customer, its Affiliate or a third party, or combinations of the Service with any non-AT&T services or products by Customer or others; (c) AT&T’s adherence to Customer’s or its Affiliate’s written requirements; or (d) use of a Service in violation of this Agreement. 6.19. ARBITRATION: ALL CLAIMS AND DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS OF THE FEDERAL ARBITRATION ACT). ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN A COURT HAVING JURISDICTION. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD ANY DAMAGES DISCLAIMED BY THIS AGREEMENT OR IN EXCESS OF THE LIABILITY LIMITATIONS IN THIS AGREEMENT, SHALL NOT HAVE THE AUTHORITY TO ORDER PRE- HEARING DEPOSITIONS OR DOCUMENT DISCOVERY, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS AT THE HEARING. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE CLASS ACTIONS; IF THE PARTIES CANNOT WAIVE THESE RIGHTS, THIS ENTIRE PARAGRAPH IS VOID. 6.20. General Provisions: This Agreement and any pricing or other proposals are confidential to Customer and AT&T. Neither party may publicly disclose any confidential information of the other party without the prior written consent of the other, unless authorized by applicable law, regulation or court order. Until directed otherwise by Customer in writing, if AT&T designates a dedicated account representative as Customer’s primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer’s customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. Each party will comply with all applicable laws and regulations and with all applicable orders issued by courts or other governmental bodies of competent jurisdiction. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in accordance with the data protection laws and regulations applicable to AT&T’s business. If Customer does not want AT&T to comprehend Customer data to which it may have access in performing Services, Customer must encrypt such data so that it will be unintelligible. Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer’s and AT&T’s collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or provide Customer Personal Data to AT&T when it has the legal authority to do so. AT&T may monitor electronic transmissions across its network to maintain compliance with its legal and regulatory obligations and to operate, maintain and enhance the network and Services. Where required by law, AT&T may provide Customer Personal Data to third parties such as courts, law enforcement or regulatory authorities. This Agreement may not be assigned by either party without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed, except that AT&T may: (i) assign in whole or relevant part its rights and obligations under this Agreement to an AT&T Affiliate, or (ii) subcontract work to be performed under this Agreement, but AT&T will in each such case remain financially responsible for the performance of such obligations. Any claim or dispute arising out of this Agreement must be filed within two (2) years after the cause of action arises. This Agreement does not provide any third party (including Users) the right to enforce it or to any remedy, claim, liability, cause of action or other right or privilege. Unless a regulatory agency with jurisdiction over the applicable Service applies a different law this Agreement will be governed by the law of the State of New York, without regard to its conflict of law principles. The United Nations Convention on Contracts for International Sale of Goods will not apply. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to causes beyond such party’s reasonable control, including strikes and labor disputes. Customer must send any notice required or permitted under this Agreement in writing to the AT&T address set forth above. 6.21. Definitions: “Affiliate” of a party means an entity that controls, is controlled by, or is under common control with such party. “API” means an application program interface used to make a resources request from a remote implementer program. An API may include coding, specifications for routines, data structures, object classes, and protocols used to communicate between programs. “AT&T Equipment” equipment owned by AT&T and located at Customer’s premises. “Customer Personal Data” means information that identifies an individual, that Customer directly or indirectly makes accessible to AT&T in the course of providing the Services. “Minimum Payment Period” means the minimum period identified in the Agreement during which Customer is required to pay recurring charges for the Service Component. “Minimum Retention Period” means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to maintain service to avoid the payment (or repayment) of certain credits, waived charges or amortized charges. Contract Id: 6894732 169 AT&T Dedicated Internet & Voice Bundle Agreement Doc ID: ADIVBEXP–1 V5 – 01/16/2021 Rate ID: ADIVB-031723-50, USOFN20 AT&T and Customer Confidential Information Page 7 of 7 “Purchased Equipment” means equipment or other tangible products Customer purchases under this Agreement, including any replacements of Purchased Equipment provided to Customer. Purchased Equipment includes any internal code required to operate such equipment and any physical media provided to Customer on which Software is stored, but does not include Software. “Service Component” means an individual component of a Service provided under this Agreement. “Site” means a physical location, including Customer’s collocation space on AT&T’s or subcontractor’s property, where AT&T installs or provides Service. “Software” means any software (including APIs and all associated written and electronic documentation and data) provided to Customer for a Service. “Third-Party Service” means a service provided directly to Customer by a third party under a separate agreement between Customer and the third party. “User” means anyone who uses or accesses any Service provided to Customer. FOR VOICE OVER INTERNET PROTOCOL (VOIP) SERVICES, THE UNDERSIGNED, ON BEHALF OF CUSTOMER, ACKNOWLEDGES THAT CUSTOMER HAS RECEIVED AND UNDERSTANDS THE ADVISORIES CONCERNING THE CIRCUMSTANCES UNDER WHICH E911 SERVICE USING A VOICE OVER IP SYSTEM MAY NOT BE AVAILABLE OR MAY BE IN SOME WAY LIMITED BY COMPARISON TO USING TRADITIONAL WIRELINE TELEPHONE SERVICE. SUCH CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, RELOCATION OF THE END USER’S TELEPHONE SETS OR OTHER EQUIPMENT, USE OF A NON-NATIVE OR VIRTUAL TELEPHONE NUMBER, FAILURE IN THE BROADBAND CONNECTION, LOSS OF ELECTRICAL POWER, AND DELAYS THAT MAY OCCUR IN UPDATING THE CUSTOMER’S LOCATION IN THE AUTOMATIC LOCATION INFORMATION DATABASE. THE ADVISORIES ARE FURTHER PROVIDED IN THE SERVICE PUBLICATION. By signing below, the person signing on behalf of customer personally represents and warrants to AT&T that he or she has the authority and power to sign on behalf of Customer and bind Customer to this Agreement. Customer understands and agrees to be bound by the terms and conditions for service as described in the attached terms and conditions, including but not limited to all terms and conditions incorporated by reference. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This Agreement is effective when signed by both Customer and AT&T Corp. (“Effective Date”). Customer (by its authorized representative)AT&T Corp. (by its authorized representative) By:By: Name: Name: Title: Title: Date: Date: Contract Id: 6894732 170 AT&T Dedicated Internet & Voice Bundle Agreement V5 – 01/16/2021 AT&T and Customer Confidential Information Page 1 of 1 Letter of Authorization to Obtain Customer Service Records Only 1. I appoint AT&T as my agent to request Customer Service Records (CSRs) with the Local Exchange Company(s) (LEC) for analyzing Local Service. This appointment shall extend to all service accounts for which customer appears as the customer of record. 2. This Appointment is applicable to the following location (Choose one) Blanket LOA (For all locations in the United States) YES NO 3. I certify that I am either the customer of record for these lines or that I am authorized by the customer of record to make this decision. ORDERED BY CUSTOMER: BOYNTON BEACH POLICE Signature: Printed Name: Title: Date: This authorization shall continue in force unless and until revoked by the customer. Customer Name: BOYNTON BEACH POLICE AT&T Customer Account #: Customer Full Address & Zip: 2100 HIGH RIDGE RD BOYNTON BEACH FL 33426 AT&T Full Address & Zip: 12150 Research Pkwy Orlando FL 32826 Customer Contact: Tel. #: 5617426170 AT&T Contact: Tel. #: 4074030390 Email ID: ad9971@att.com Master Customer No.: AE PID: Contract Id: 6894732 171 February 20, 2024 © 2024 AT&T Intellectual Property—AT&T Proprietary—Not for use or disclosure outside of AT&T companies and its third-party representatives except under written agreement. Your AT&T solution includes • AT&T Dedicated Internet with Voice Bundle is a package of integrated services that includes dedicated internet access and Voice over IP (VoIP) calling. • 23 Concurrent Call Paths • Enhanced Features • 15 Numbers Why AT&T? We’re eager to put our expertise and resources to work for you. As the largest communications company in the U.S. by revenue, we offer you • Experienced professionals who deliver industry-leading solutions and outstanding customer service • A legacy of technological innovation • Award-winning networks, including America’s most reliable 5G network1 and AT&T Fiber®, rated #1 in customer satisfaction2 AT&T Contact: Anthony Dominguez Client Solutions Executive Email/Phone: anthony.dominguez@att.com +1 407.403.0390 AT&T Price Quote for Boynton Beach Police Department 172 February 20, 2024 Page 2 of 2 © 2024 AT&T Intellectual Property—AT&T Proprietary—Not for use or disclosure outside of AT&T companies and its third-party representatives except under written agreement. AT&T Price Quote for Boynton Beach Police Department Important Information 1. AT&T awarded Most Reliable Network by GWS OneScore 2022. GWS conducts paid drive tests for AT&T and uses the data in its analysis of wireless networks. AT&T 5G requires compatible plan and device. 5G not available everywhere. Go to att.com/5Gforyou for details. 2. Compared to the publicly measured internet service providers in the American Customer Satisfaction Index (ACSI). Claim based on 2022 ACSI survey of customers rating their own internet service provider’s performance. For AT&T Dedicated Internet with Managed Router, the customer is responsible for the provisioning and monthly cost of one POT S phone line for management and troubleshooting of the managed service and router. AT&T may provide Entrance Facility Construction (EFC) for eligible customers, as explained in the Entrance Facility Construct ion section of the AT&T Business Service Guide General Provisions. Customers who do not qualify for AT&T EFC are responsible for pr oviding the conduit/structure as well as the path from the property line to the demarcation point for access to the primary route. Proposal Validity Period—The information and pricing contained in this proposal is valid for a period of 30 days from the date written on the proposal cover page unless rescinded or extended in writing by AT&T. Terms and Conditions—This Proposal is conditioned upon negotiation of mutually acceptable terms and conditions. Proposal Pricing—Pricing proposed herein is based upon the specific product/service mix and locations outlined in this Proposal. Any changes or variations in the proposed terms and conditions, the products/services/quantities, length of term, locations, and/or design described herein may result in different pricing. Prices quoted do not include applicable taxes, surcharges, or fees. In accordance with the tariffs or other applicable service agreement terms, Customer is responsible for payment of such charges. Providers of Service—Subsidiaries and affiliates of AT&T Inc. provide products and services under the AT&T brand. Either AT&T Corp. or AT&T Mobility National Accounts LLC is the proposer for itself and on behalf of its service-providing affiliates. Software—Any software used with the products and services provided in connection with this Proposal will be governed by the written terms and conditions applicable to such software. Title to software remains with AT&T or its supplier. Customer must comply with all such terms and conditions, and they will take precedence over any agreement between the parties as relates to such software. Copyright Notice and Statement of Confidentiality—© 2024 AT&T Intellectual Property. AT&T and globe logo are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners. The contents of the Proposal (except for pricing applicable to E-Rate funded services) are unpublished, proprietary, and confidential and may not be copied, disclosed, or used, in whole or in part, without the express written permission of AT&T Intellectual Property or affiliated companies, except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. 173 8.26.24 (SRW) Disclosures for AT&T Agreement The agreement is on the vendor’s form. Non-standard business and legal terms are disclosed below. By executing this agreement, you are accepting these terms on behalf of the City. Section Disclosure Indemnification The City is required to indemnify AT&T for any claims arising from (i) claims arising from City’s use of a Service; (ii) the claim alleges a breach by City or it’s users of a Software license agreement; or (iii) alleges that a Service infringes any patent, trademark, copyright, or trade secret where the claimed infringement arises out of or results from: (a) City’s or its or a User’s content; (b) modifications to the Service by City with any non-AT&T services or products by City; (c) AT&T’s adherence to City’s written requirements; or (d) use of a Service in violation of this Agreement. . Arbitration Any claim or dispute arising from the agreement must be settled by binding arbitration. Florida Statutory Provisions AT&T is unwilling to negotiate its form agreement to include any statutory provisions. Accordingly, the following standard City provisions are not included in the document: • Scrutinized Companies Certification, Section 287.135, Florida Statutes. • Verification of Employment Eligibility, Section 448.095, Florida Statutes. • Retention of Sovereign Immunity, Section 768.28, Florida Statutes. • Prohibited Telecommunications Equipment, 48 CFR 52.204-24 through 52.204-26. • Anti-Human Trafficking, Section 787.06(13), Florida Statutes. • Public Entity Crime Act, Section 287.133, Florida Statutes. Early Termination Charges If City terminates the Agreement for convenience, or if AT&T terminates for cause, City must pay (i) 50% of any unpaid recurring charges for the terminated Service Component attributable to the unexpired portion of an applicable Minimum Payment Period, (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits or waived or unpaid non-recurring charges, and (iii) any access facilities cancellation charges and other third-party charges incurred by AT&T due to the termination. Limitation of Liability AT&T’s total liability to the City for claims arising from the agreement is the amount paid by the City for the specific service during the period in which a breach occurs. 174 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-194- Approve a Waiver of Deadline to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA), for the CRA District Streetscape/Lighting Improvements. Requested Action: Staff recommends approval of Proposed Resolution No. R24-194. Explanation of Request: On June 15, 2021, the City and the CRA entered into an Interlocal Agreement (ILA) for the funding of the streetscape/lighting improvements within the Boynton Beach Community Redevelopment Area. The city's Public Works Department requests the Commission to approve the Second Amendment to the ILA between the City and the CRA which will allow the CRA to waive the time period in which the City is required to submit a reimbursement request for invoice 92807. This will allow the CRA to make the payment from the funds available through the CRA PO #1930-R1. How will this affect city programs or services? As the City continues to grow, bright and safe pathways will ensure the safety of people as they move throughout the CRA area. These projects aim to brighten and beautify the area, as well as provide improved safety conditions in the CRA area. Fiscal Impact: To date, a total of $153,748.54 has been reimbursed to the City, leaving a remaining balance of $291,812.46 for eligible expenditures on the projects. If the Second Amendment is approved, the $291,812.46 can be utilized for reimbursement of invoice 92807. Attachments: R24-194 Agenda_Item_1982- 2023_Resolution_for_Waiver_of_Deadline_for_CRA_Interlocal.docx Exhibit A to Resolution - City Streetscape Lighting ILA Waiver - CRA executed 8.13.24.pdf R21-058.pdf R24-019.pdf Attachment - CRA_Lighting_and_Streetscape_Improvement_Project_List.pdf City Invoice 92087 - Ocean Avenue West.pdf 175 RESOLUTION NO. R24-1941 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A WAIVER OF DEADLINE TO THE 4 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 5 THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE 6 FUNDING OF THE STREETSCAPE/LIGHTING IMPROVEMENTS WITHIN THE 7 BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA; AND FOR ALL 8 OTHER PURPOSES. 9 10 WHEREAS, on June 17, 2021, the City of Boynton Beach (“City”) and the Boynton Beach 11 Community Redevelopment Agency (“CRA”) (collectively “the Parties”) entered into the Interlocal 12 Agreement between the City and the CRA for the Funding of the Streetscape/Lighting 13 Improvements within the Boynton Beach Community Redevelopment Area (“Agreement”); and14 WHEREAS, on January 20, 2024, the Parties entered into the First Amendment to the 15 Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community 16 Redevelopment Agency for the Funding of the Streetscape/Lighting Improvements within the 17 Boynton Beach Community Redevelopment Area (“First Amendment”), to extend the termination 18 date of the Agreement to September 30, 2024; and19 WHEREAS, Section 4.a. of the Agreement provides that the City shall submit a 20 reimbursement request to the CRA no later than 90 days after payment by the City of funds for 21 which it is seeking reimbursement, and in no case later than 45 days prior to the end of each Fiscal 22 year in which the individual improvements achieve final completion; and23 WHEREAS, Section 4.c. of the Agreement further provides that if the City fails to submit a 24 Reimbursement Request within 45 days prior to the end of the Fiscal Year in which the individual 25 improvements achieve final completion, the City will no longer be eligible to receive any 26 reimbursement and the Agreement shall terminate; and 27 WHEREAS, in July, 2024, the City submitted a letter requesting that the CRA waive the 28 time period in which the City is required to submit a reimbursement request in order to allow the 29 CRA to accept Invoice 92807 from the City and allow payment for the same from CRA PO #1930-30 R1; and31 32 176 WHEREAS, Section 10 of the Agreement provides that no party shall be deemed to have 33 waived any rights related to the other Party’s failure to perform unless such waiver is in writing 34 and signed by both Parties; and35 WHEREAS, the CRA desires to waive the time period required for submittal of Invoice 36 92807 under Sections 4.a. and 4.c. of the Agreement and to process the same for payment; and37 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 38 best interests of the city's citizens and residents to approve a Waiver of Deadline to the Interlocal 39 Agreement between the City of Boynton Beach and the Boynton Beach Community 40 Redevelopment Agency for the Funding of the Streetscape/Lighting Improvements within the 41 Boynton Beach Community Redevelopment Area. 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 44 BEACH, FLORIDA, THAT:45 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 46 being true and correct and are hereby made a specific part of this Resolution upon adoption.47 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 48 approve a Waiver of Deadline, between the City of Boynton Beach and the Boynton Beach 49 Community Redevelopment Agency for the Funding of the Streetscape/Lighting Improvements 50 within the Boynton Beach Community Redevelopment Area (the “Waiver”), in form and substance 51 similar to that attached as “Exhibit A.“52 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 53 authorizes the Mayor to execute the Waiver and such other related documents as may be 54 necessary to accomplish the purpose of this Resolution.55 SECTION 4.The City Clerk is hereby directed to file the fully-executed original Waiver56 with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by Section 163.01(11), 57 Florida Statutes, for interlocal agreements.58 SECTION 5.The City Clerk shall retain the recorded original of the Waiver as a public 59 record of the City. A copy of the recorded Waiver shall be provided to Adrianna Greco-Arencibia60 to provide to the CRA.61 177 SECTION 6.This Resolution shall take effect in accordance with law.62 63 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.64 CITY OF BOYNTON BEACH, FLORIDA65 YES NO66 Mayor – Ty Penserga __________67 68 Vice Mayor – Aimee Kelley __________69 70 Commissioner – Angela Cruz __________71 72 Commissioner – Woodrow L. Hay __________73 74 Commissioner – Thomas Turkin __________75 76 VOTE ______77 ATTEST:78 79 ___________________________________________________________80 Maylee De Jesús, MPA, MMC Ty Penserga81 City Clerk Mayor82 83 APPROVED AS TO FORM:84 (Corporate Seal)85 86 _______________________________87 Shawna G. Lamb88 City Attorney89 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 1 RESOLUTION NO.R21-058 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY FOR VARIOUS 7 STREETSCAPE/LIGHTING IMPROVEMENT PROJECTS 8 WITHIN THE CRA DISTRICT; AND PROVIDING AN 9 EFFECTIVE DATE. 10 WHEREAS, on June 8, 2021, the Boynton Beach CRA approved this Interlocal 11 Agreement to fund up to $445,561 to cover design and construction costs associated with 12 certain projects; and 13 WHEREAS, these streetscape/lighting improvement projects aim to brighten and 14 beautify the project's area; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff,deems it to be in the best interests of the City residents to approve and 17 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 18 Redevelopment Agency for various streetscape/lighting Improvement projects within the CRA 19 District. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 22 Section 1. Each Whereas clause set forth above is true and correct and incorporated 23 herein by this reference. 24 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 25 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 26 Beach and the Boynton Beach Community Redevelopment Agency for various S:\CA\RESO\Agreements\ILA With CRA For Streetscape Lighting-Reso.Docx 195 27 streetscape/lighting Improvement projects within the CRA District, a copy of said Interlocal 28 Agreement is attached hereto as Exhibit"A". 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this 15th day of June, 2021. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor—Steven B. Grant 36 37 Vice Mayor—Woodrow L. Hay 38 39 Commissioner—Justin Katz 40 41 Commissioner—Christina L. Romelus 42 43 Commissioner—Ty Penserga 44 45 VOTE 7-0 46 ATTEST: 47 48 49 50 C stat Gibson, MMC 51 ity Clerk 52 53 54 (Corporate Seal) 55 S:\CA\RESO\Agreements\ILA With CRA For Streetscape Lighting-Reso.Docx 196 R21-058 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE STREETSCAPE/LIGHTING IMPROVEMENTS WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the Party"or"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan") calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, the CITY will undertake a Lighting Improvement Project to install, replace, and maintain exterior lighting within the right-of-ways or publicly owned properties in furtherance of that goal; and WHEREAS, lighting improvements is anticipated to take place in locations identified in designated locations,as further described in Exhibit"A,"which is hereby incorporated herein;and WHEREAS,the CRA desires to provide the CITY with funding for lighting improvements at these locations that are within the CRA Area(the"Project"); and WHEREAS,the Project site lies within the boundaries of the CRA Area; and WHEREAS,the Project is intended to improve the overall quality, aesthetics,and function of these locations within the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,the parties hereby agree as follows: 01388588.1 1 197 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Four Hundred Forty-five Thousand Five Hundred Sixty-one and 00/100 Dollars ($445,561), for design services, materials and equipment, and installation costs associated with the physical improvements of the Project consistent with the terms of this Agreement, to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project,and in compliance with the requirements of this Agreement.In addition,only expenses directly associated with design activities, lighting materials and appurtenances such as fixtures, bulbs, wiring, banner attachments, control panels, and installation shall be considered eligible expenses. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment,so long as such request complies with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by§ 163.370(3),Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. c. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project,but shall coordinate with the CRA concerning compliance with the Plan. d. The CITY shall also be responsible for the maintenance of the lighting improvements as a result of the Project, along with contracting and coordinating with all other entities as necessary to comply with applicable codes. e. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. 01388588.1 2 198 4. Reimbursement of Funds a.The CITY shall provide a written request for reimbursement of funds Reimbursement Request")meeting the requirements of this Agreement to the CRA no later than 90 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 45 days prior to the end of each Fiscal Year in which the individual improvements of Exhibit"A"achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon approval of a final inspection from the City, or the equivalent. The request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. v. For any Reimbursement Request submitted after final completion, evidence of an approved final inspection, or equivalent, and a final report by the City detailing at minimum the type of lighting equipment, quantity, size, location, and the associated maintenance program for the lighting equipment that is installed. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement,to the CITY within thirty(30)days of receipt of the Reimbursement Request. c. If the CITY fails to submit a Reimbursement Request within 45 days prior to the end of Fiscal Year in which the individual improvements of Exhibit"A"achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the 01388588-1 3 199 Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project or maintaining any lighting improvements as a result of the Project. 6. Indemnification.The CITY shall indemnify, save,and hold harmless the CRA,its agents, and its 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 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 of persons or the faulty equipment (including equipment installation and removal)associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence,or intentional acts of the CRA, 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. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained an approved final inspection, or equivalent, and the CRA reimburses the CITY for the Project, or on January 31, 2024 Termination Date"), whichever comes first. In no case shall the CRA be required to reimburse the CITY for any untimely requests,or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 01388588-1 4 200 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books,records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other Party,the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 01388588-1 5 201 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E.Ocean Avenue Boynton Beach, FL 33435 b. CRA:Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren,Cherof, Doody& Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale,Florida 33308 01388588.1 6 202 Tara Duhy,Esquire Lewis, Longman&Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18.No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. 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. 20. Counterparts and Transmission. 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. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance of trees,and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22.Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. Signatures on following page.] 01388588.1 7 203 IN WITNESS WHEREOF,the CITY and the C:R;\ hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, l _ dizta Florida m ici I corporation By: ta1 Gibson,CITY Clerk Steven B.Grant,Mayor 4,..1 App d as to Fo • Date: 6//7/.290.2i 04' SEAL) Office of the CITY Attorney Approved to Form: BOYNTON BEACH COMMUNITY f' ' REDEVELOP F.NCY r it By: r 4 Office of the CRA Attorney Steven B. Orel* 'hair Date: ( I/ 0 ql DI su- 8 204 EXHIBIT"A" BOYNTON BEACH CRA STREETSCAPE/LIGHTING IMPROVEMENTS LIST ID IMPROVEMENTS LOCATIONS* 1 Ocean Avenue(East) Ocean Avenue between Federal Highway to Seacrest Boulevard 2 East MLK Jr.Boulevard Corridor MLK Jr. Boulevard between Seacrest Boulevard Streetscape and Federal Highway 3 Ocean Avenue Bridge Under/Over bridge 4 FPL LED Conversion/Upgrade Both sides of Federal Highway from Gulfstream Boulevard to Gateway Boulevard 5 Seacrest Boulevard(West side) NW 1st Avenue to SW 1st Avenue 6 Ocean Avenue(West) Ocean Avenue between Seacrest Boulevard to NW 3rd Street(along Sharrow path) 7 INCA Trail Along NE 7th - 10th Avenues, between Federal Highway and NE 7th Street 8 Casa Costa Frontage Federal Highway in front of Casa Costa Note: The locations of the lighting improvements are subject to change upon mutual agreement of the parties. 01388588.1 9 205 EXHIBIT "A" Boynton Beach CRA Lighting Improvement List ID IMPROVEME\TS LOCATIONS 1 Ocean Avenue(East) Ocean Avenue between Federal Highway to Seacrest Boulevard 2 East MLK Jr.Boulevard Corridor Streetscape MLK Jr.Boulevard between Seacrest Boulevard and Federal Highway 3 Ocean Avenue Bridge Under/Over bridge 4 FPL LED Conversion/Upgrade Both sides of Federal Highway from Gulfstream Boulevard to Gateway Boulevard 5 Seacrest Boulevard(West side) NW 1st Street to SW 1st Street Ocean Avenue between Seacrest Boulevard to NW 6 Ocean Avenue(West) 3rd Street(along Sharrow path) Along NE 7th-10th Avenues,between Federal71\( Tra i 1 Highway and NE 7th Street 8 Casa Costa Frontage Federal Highway in front of Casa Costa 206 FY 2020-2021 Boynton Beach CRA Lighting Improvement Project List PROJECTS PRIORITY Project Manager LIMITS OF PROJECT SCOPE BUDGET CRA DISTRICT NOTES City/CRA) Ocean Avenue between Construction-Paint existing poles Pedestrian Arms=$134,125 Ocean Avenue(East)NE 1st Street- 1 1.A. Gail Mootz/Thuy Shutt Federal Highway to black, convert single head to double $ 155,125.00 Cultural District Install$21,000 Federal Seacrest Boulevard head Permit/MOT=TBD TS to research Kimley-Horn MLK Jr.Boulevard Design-Improvements to area east 2009 plans of Centennial Management Corp. East MLK Jr.Boulevard Corridor Gary Dunmyer/Theresa between Seacrest Coordination with CMC at 2 1.B. CMC)Project boundaries where $ 125,000.00 Heart of Boynton Streetscape Utterback Boulevard and Federal possible such as added poles,brighter permitting required Highway FPL LES Project heads. Add cameras Upper Bridge: Construction-Install security Ddouble Arm =$105,000 lighting under bridge=$TBD Single Arm=$85,000 3 Ocean Avenue Bridge 1.0 Gail Mootz Under/Over bridge Expanding scope needed 216,500.00 Downtown Install=$26,500 Federal Hwy-Middle of Bridge for Painting=TBD Fixtures and Install=$107,000 Lower Bridge: CPTED Considerations Both Sides of Federal Design and Construction- Federal Highway, Highway from 4 FPL LED Conversion/Upgrade 2.A. Gary Dunmyer Gulfstream Boulevard to Administered by FPL;Coordination $ 30,000.00 Heart of Boynton, Gateway Boulevard with City-FPL-CRA Downtown Design and Construction-FPL NW 1st Street to SW 1st 5 Seacrest Boulevard(West side) 2.B. Gary Dunmyer Street conversion of arm and head(light Heart of Boynton fixture)to match east side fixture. Ocean Avenue between To be done before or in Gary Dunmyer/Thuy Seacrest Boulevard to Boynton Beach 6 Ocean Avenue(West)Seacrest-West 3.A. Shutt NW 3rd Street(along Design-Survey costs 60,000.00 Boulevard conjunction with BBB Complete Sharrow path) Street Improvements 207 FY 2020-2021 Boynton Beach CRA Lighting Improvement Project List City initiated-Cost for removal of blue light only 34 new light poles Along NE 7th-10th Avenues,between installation/annual operational 7 INCA Trail 4 Gail Mootz Construction-Removal of blue light $ 60,000.00 Federal Highway costs by City's Agreement withFederalHighwayandNE FPL *TS to give GD INCA 7th Street contact for City's Community Info meeting(general info not design input) Federal Highway in front To be done before or in 8 Casa Costa Frontage 5 Gail Mootz 30,000.00 conjunction with BBB Complete of Casa Costa Street Improvements TOTAL 676,625.00 Balance from$445,561(Budget Amendment on 2/9/21,Line Item #02- 231,064.00) 58200-406) 208 FY 2020-2021 Boynton Beach CRA Lighting Improvement Project List 209 CRY OF BOYNTON BEACH Exhibit A EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2020-21 2020/21 CITY MANAGER 2020/21 REVISED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET General Fund(3021 302-0000-369.22-00 OTHER MISC.REVENUE/CM REIMBURSEMENT 737,000 445,561 1,1821561 Adopted Fund Tote!Revenues 4,113,005 445,561 4,558,566 302-4905-580.63-07 CRA IMPROVEMENTS 57,027 445,561 502,568 Adopted Fund Total Expenses 4,113,005 445,561 4,558,566 210 1 RESOLUTION NO. R24-019 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST 4 AMENDMENT TOTHEINTERLOCAL AGREEMENTBETWEEN THE CITY 5 AND THE CRA FOR THE CRA DISTRICT STREETSCAPE/LIGHTING 6 IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. 7 WHEREAS,on June 15, 2021, the City Commission approved an Interlocal Agreement 8 with the CRA for the CRA to fund up to $445,561.00 to cover design and construction costs 9 associated with certain projects; and 10 WHEREAS,the Interlocal Agreement had a termination date of January 31, 2024; and 11 WHEREAS, this amendment will extend the date of the Interlocal Agreement to 12 September 30, 2024; and 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 14 recommendation of staff,deems it to be in the best interests of the City residents to approve 15 and authorize the Mayor to sign the First Amendment to the Interlocal Agreement between 16 the City and the CRA for the CRA District Streetscape/Lighting Improvements. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. Each Whereas clause set forth above is true and correct and 20 incorporated herein by this reference. 21 Section 2. The City Commission of the City of Boynton Beach, Florida,does hereby 22 approve and authorize the Mayor to sign the First Amendment to the Interlocal Agreement 23 between the City and the CRA forthe CRA District Streetscape/Lighting Improvements. A copy 24 of the First Amendment is attached hereto and incorporated herein as Exhibit "A." S:\CA\RESO\Agreements\Lease Extension Agreement With CRA for 511 East Ocean-Reso.Docx 211 23 between the City and the CRA for the CRA District Streetscape/Lighting Improvements. A copy 24 of the First Amendment is attached hereto and incorporated herein as Exhibit "A." 25 Section 3. That this Resolution shall become effective immediately upon passage. 26 PASSED AND ADOPTED this 16th day of January 2024. 27 CITY OF BOYNTON BEACH, FLORIDA 28 YES NO 29 30 Mayor-Ty Penserga 31 32 Vice Mayor-Thomas Turkin 33 34 Commissioner-Angela Cruz 35 36 Commissioner-Woodrow L. Hay 37 38 Commissioner-Aimee Kelley 39 40 VOTE 6"t) 41 42 ATTEST: 43 44 ,PI/G,IIAJ ' ,y I Arlo+ 45 Tammy St•nzione, C , Ty •er e •a 46 Deputy City Clerk Mayo 47 QOY N TON`%, 48 6,•.•Gp% rt1 F•.6' cVI's; t. APPROVED AS TO FORM: 49 (Corporate Seal) SEALi0: v3 Ya/7 J 50 i yt/ `a/)t INCORPORATED 51 141 1920 : S% Shawna G. Lamb 52 City Attorney FLORIOP_ S:\CC\WP\CCAGENDA\2024\01-16-2024 CC\R24-019 First Amendment To_ILA_With_CRA_For_Streetscapes_LightingReSO.DOCX 212 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE STREETSCAPE/LIGHTING IMPROVEMENTS WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. This First Amendment ("First Amendment") is between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively,the"Parties"). RECITALS WHEREAS, the Parties entered into the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Funding of the Streetscape/Lighting Improvements within the Boynton Beach Community Redevelopment Area("Agreement")on June 17,2021; and WHEREAS,the Agreement terminates on January 31, 2024; and WHEREAS,the Parties desire to extend the termination date of the Agreement subject to the terms of this First Amendment. NOW THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration,the receipt and sufficiency of where are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: 1) Incorporation. The recitals and other information above are hereby incorporated herein as if fully set forth. 2) Term of the Agreement. The term of the Agreement is hereby amended such that the Agreement shall terminate September 30, 2024. 3) Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs below. 4) The Parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this First Amendment shall continue in full force and effect. 5) This First Amendment may be executed in any number of counterparts,any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. 4871-2426-1268,v. 1 213 IN WITNESS OF THE FOREGOING,the parties hereto have caused this First Amendment to be executed on the day and year written below. Approved as to Form: BOYNTON BEACH COMMUNITY AA REDEVELOPMENT AGENCY GLV"' By: ice of the CRA Attorney Ty Pens rga A C lair Date: "" " ie, ‘ya2,3 Approved as to Form: CITY OF BOYNTON BEACH IA a z /14 J. 44 By: 1/ 4 Office of the City Attorney Ty Pen erga. o Date: / Lo 4871-2426-1268,v. 1 214 FY 2023-2024 Boynton Beach CRA Lighting Improvement Project List PROJECTS PRIORITY LIMITS OF PROJECT SCOPE BUDGET REIMBURSEMENT STATUS 1 Ocean Avenue (East) NE 1st Street - Federal 1.A. Ocean Avenue between Seacrest Boulevard and Federal Highway Construction - Paint existing poles black, convert single head to double head 155,125.00$ 133,788.41$ Ongoing 2 East MLK Jr. Boulevard Corridor Streetscape 1.B. MLK Jr. Boulevard between Seacrest Boulevard and Federal Highway Design - Improvements to area east of Centennial Management Corp. (CMC) Project boundaries where possible such as added poles, brighter heads. 125,000.00$ -$ Ongoing 3 FPL LED Conversion/Upgrade 2.A. Both Sides of Federal Highway from SW 36th to Gateway Boulevard Design and Construction - Administered by FPL; Coordination with City-FPL-CRA 30,000.00$ -$ Ongoing 4 Seacrest Boulevard (west side) 2.B. NW 1st Street to SW 1st Street Design and Construction - FPL conversion of arm and head (light fixture) to match east side fixture. On hold 5 Ocean Avenue (West) Seacrest- West 3.A. NW 3rd Street to Seacrest Boulevard (along Sharrow path) Design - Survey costs 60,000.00$ -$ Ongoing 6 Ocean Avenue Bridge 3.B.Under/Over bridge under bridge = $TBD Expanding scope needed Fixtures and Install = $107,000 $ 216,500.00 -$ On hold 215 FY 2023-2024 Boynton Beach CRA Lighting Improvement Project List 7 INCA Trail 4 Along NE 7th-10th Avenues, between Federal Highway and NE 7th Street Construction - Removal of blue light 60,000.00$ -$ On hold 8 Casa Costa Frontage 5 Federal Hwy in front of Casa Costa 30,000.00$ 30,000.08$ Completed TOTAL 676,625.00$ Balance from $445,561 (Budget Amendment on 2/9/21, Line Item #02- 58200-406) (231,064.00)$ 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-195- Approve a First Amendment to the Professional Services Agreement for Risk Management Information System Software Services with Origami Risk LLC for a three-year renewal period, and an annual expenditure not to exceed $95,410 per year and a total not to exceed amount of $286,230. Requested Action: Staff recommends approval of Proposed Resolution No. R24-195. Explanation of Request: On February 11, 2022, the RFP for Risk Management Information System (RMIS) was advertised to invite Proposers to provide pricing for risk management software system to manage the City's insurance claims that meet the requirements for the City. On July 5th, 2022 City staff brought this item to Commission for approval on Resolution R22-094 for RFP No. RM 22-007 in the amount of $195,495.00 for the first two (2) years of the agreement. The amendment to the contract exercises a three (3) year renewal rather than three (3) one (1) year renewals. How will this affect city programs or services? Approval will allow the City's Risk Management Division to continue providing claims and incident data to City departments along with storing claim documents for management of files. Fiscal Impact: With the approval of the amendment to the contract, the pricing for the City's current services through Origami will remain constant allowing future savings as prices increase for their services each year. Over the next three years, the total cost for the services will total $286,230. Attachments: R24-195 Agenda_Item_1984-2023_Resolution_for_Origami_Risk_Amd__1.docx Exhibit_A_to_Resolution_-_Amd__1_signed.pdf R22-094.pdf RM22-007_-_Origami_Risk_Agreement (4).pdf 246 RESOLUTION NO. R24-1951 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE 4 PROFESSIONAL SERVICES AGREEMENT FOR RISK MANAGEMENT 5 INFORMATION SYSTEM SOFTWARE SERVICES WITH ORIGAMI RISK, LLC 6 FOR A THREE-YEAR RENEWAL PERIOD AND AN ANNUAL EXPENDITURE 7 NOT TO EXCEED $95,410.00 PER YEAR AND A TOTAL NOT TO EXCEED 8 AMOUNT OF $286,230; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS,On July 6, 2022, the Parties entered into a Professional Services Agreement as 11 a result of RFP No. RM22-007 (the “Agreement”) for Risk Management Information System 12 Software Services; and 13 WHEREAS,Section 4 of the Agreement provides for a renewal option to renew the 14 agreement for three (3) one-year renewals subject to vendor acceptance and determination by 15 the City that renewal will be in the best interest of the City; and 16 WHEREAS,for efficiency purposes and obtain the lowest subscription rate for the City, the 17 City desires to renew the Agreement for one (1) three (3)-year period instead of three (3) one (1) 18 year periods; and19 WHEREAS,the Parties desire to amend the Agreement to renew the Agreement for an 20 additional three (3) years and approve the related annual fees; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the city's citizens and residents to approve a First Amendment to the Professional 23 Services Agreement for Risk Management Information System Software Services with Origami 24 Risk, LLC for a three-year renewal period, and an annual expenditure not to exceed $95,410.00 per 25 year and a total not to exceed amount of $286,230.26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 28 BEACH, FLORIDA, THAT:29 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption.31 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 32 approve a First Amendment to the Professional Services Agreement for Risk Management 33 247 Information System Software Services with Origami Risk, LLC for a three-year renewal period and 34 an annual expenditure not to exceed $95,410.00 per year and a total not to exceed amount of 35 $286,230 (the “Amendment”), in form and substance similar to that attached as “Exhibit A. “36 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 37 authorizes the Mayor to execute the Amendment and such other related documents as may be 38 necessary to accomplish the purpose of this Amendment and Resolution.39 SECTION 4.One fully-executed original of the Amendment shall be retained by the City 40 Clerk as a public record of the City. A copy of the fully-executed Amendment shall be provided 41 to Morgan Chaloupka to forward to the Vendor.42 SECTION 5.This Resolution shall take effect in accordance with law.43 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.44 CITY OF BOYNTON BEACH, FLORIDA45 YES NO46 Mayor – Ty Penserga __________47 48 Vice Mayor – Aimee Kelley __________49 50 Commissioner – Angela Cruz __________51 52 Commissioner – Woodrow L. Hay __________53 54 Commissioner – Thomas Turkin __________55 56 VOTE ______57 ATTEST:58 59 ___________________________________________________________60 Maylee De Jesús, MPA, MMC Ty Penserga61 City Clerk Mayor62 63 APPROVED AS TO FORM:64 (Corporate Seal)65 66 _______________________________67 Shawna G. Lamb68 City Attorney69 248 First Amendment to Contract No. RM22-007 Page 1 of 5 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ORIGAMI RISK LLC FOR RISK MANAGEMENT INFORMATION SYSTEM SOFTWARE SERVICES This First Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and Origami Risk, LLC, a Delaware limited liability company registered to transact business in the State of Florida (“Vendor”) (collectively referred to as the “Parties”). RECITALS A. On July 6, 2022, the Parties entered into Professional Services Agreement as a result of RFP No. RM22-007 (the “Agreement”) for Risk Management Information System Software Services. B. The Parties desire to amend the Agreement to renew the agreement for an additional three (3) years and approve the related annual fees. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, the City and Vendor agree as follows: 1.The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2.Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. Strike-through type indicates deletions and underlined/bold text indicates additions. 3.Paragraph 4, entitled “Term,” is hereby amended to read as follows: TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on July 6, 2022, and shall remain in effect through July 5, 2024. The City reserves the right to renew the agreement for one (1) three (3) one-year renewals subject to vendor acceptance and determination by the City that renewal will be in the best interest of the City. 4.Term Extension. The Parties hereby agree to exercise the three-year renewal option (the “Renewal Term”). The Agreement is therefore renewed to continue through and including July 5, 2027. 5.[Reserved] 249 First Amendment to Contract No. RM22-007 Page 2 of 5 6.Fee. The annual Fee for the renewal term is described in the Order Form attached hereto as Exhibit A. 7.In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 8.Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City with respect to any of the matters covered by the Agreement. 9.The following new sections are added to the Agreement as follows: 22. Public Entity Crime Act. Vendor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Vendor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Vendor has been placed on the convicted vendor list. 23. Entities of Foreign Concern. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date of this Amendment, Vendor and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is required for payment on a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 24. Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of 250 First Amendment to Contract No. RM22-007 Page 3 of 5 sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. 25. Anti-Human Trafficking. On or before the Effective Date of this Amendment, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 10. The effective date of this Amendment shall retroactively be July 5, 2024, regardless of the later date of complete execution by the Parties. 11. This Amendment may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) 251 First Amendment to Contract No. RM22-007 Page 4 of 5 CITY VENDOR CITY OF BOYNTON BEACH By____________________________ Ty Penserga, Mayor ____ day of ______________, 2024 Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ ORIGAMI RISK LLC By_______________________ Authorized Signer _______________________ Print Name and Title _____ day of ______________, 2024 SRW 7.8.24 29 July Earnest Bentley, President, Risk Solutions 252 First Amendment to Contract No. RM22-007 Page 5 of 5 EXHIBIT A ORDER FORM 253 CONFIDENTIAL ORDER FORM #20240705 CONTACT INFORMATION Client: City of Boynton Beach Bill To Contact: Morgan Chaloupka Address: 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 Bill To Email: ChaloupkaM@bbfl.us Primary Contact: Morgan Chaloupka Is purchase order (PO) required? Primary Contact Email: ChaloupkaM@bbfl.us Upon entering into this Order Form, please send any Pos, vendor registration links or tax exemption certificates to finance@origamirisk.com SUBSCRIPTION DETAILS Subscription Term: 36 Months Effective Date: 2024-07-05 RECURRING SUBSCRIPTIONS – LICENSES Subscription Quantity / Functionality Purchased RMIS Functionality Selected Full User(s) 2 User(s) Certificate of Insurance Tracking 5000 Insureds Enterprise-Wide Record Entry Up to 1000 records added per year IT System Admins only 1 Special License(s)* OCR Scanning License Selected Annual Total: $53,690.00 RECURRING SUBSCRIPTIONS – HOSTING Subscription Quantity / Functionality Purchased Hosting, Network & Storage Up to 10000 Claim(s), Incident(s), Policie(s), and Other Record(s) Additional Non-Searchable File Attachment Storage 100 Additional GBs of Non-Searchable File Attachment Storage Free Non-Searchable File Attachment Storage Includes 100 GBs of Non-Searchable file storage Annual Total: $15,340.00 RECURRING SUBSCRIPTIONS – DATA PROCESSING Subscription Quantity / Functionality Purchased Claim Only Feed Daily Feed From Tristar Claim Only Feed Weekly Feed From Commercial Risk Mgt Annual Total: $18,880.00 RECURRING SUBSCRIPTIONS – Client Support Subscription Quantity / Functionality Purchased Client Support Tier Selected Client Support tier includes support resourcing based on up to 2 hours of Client Support services per month beginning on the Effective Date. Annual Total: $7,500.00 254 CONFIDENTIAL Total Annual Fees: $95,410.00 BILLING DETAILS AND ADDITIONAL TERMS This Order Form is effective as of the Effective Date (as identified above) for the purchase of the subscription services listed above from Origami Risk LLC (“Origami”). This Order Form is subject to all the terms and conditions of the underlying agreement between Client and Origami (the “Agreement”). To the extent the Agreement does not contemplate order forms, this Order Form will be deemed a Statement of Work for purposes of the Agreement. This Order Form will be deemed a part of the Agreement. Origami a nd Client agree that the term of the Agreement shall be extended through the duration of the term of this Order Form. Fees for the first year of recurring subscription fees and all one-time fees under this Order Form will be invoiced and due upon execution of this Order Form. Fees for ongoing contract years are due annually upfront on each anniversary date thereafter. All fees are subject to applicable sales tax, which will appear separately on each invoice. All travel costs and expenses will be pre-approved by Client in writing and billed to Client as incurred. Service descriptions and service-specific terms and conditions are set forth at origamirisk.com/servicedescriptions, which are hereby incorporated by reference in the form available at such link as of the Effective Date. Additional professional services may be set forth in other Statements of Work as agreed between the parties. IT System Admins only - are for usage by Client’s Information Technology (IT) department to support the system User from a System Administrator standpoint. This Order Form may be terminated by Client, with or without cause, effective upon either the last day of Year 1 or the last day of Year 2, by (1) providing written notice to Origami of such termination at least five days prior to such termination date, and (2) paying to Origami 100% of already issued but unpaid invoices. ORDER FORM APPROVAL The undersigned agree to this Order Form. ORIGAMI RISK LLC CITY OF BOYNTON BEACH By: __________________________________ By: __________________________________ Name: _______________________________ Name: _______________________________ (Print Name) (Print Name) Title: ________________________________ Date: ________________________________ Title: _________________________________ Date: ________________________________ Earnest Bentley President, Risk Solutions 7/29/2024 TERMINATION FOR CONVENIENCE 255 1 RESOLUTION NO. R22-094 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE RANKING AS RECOMMENDED BY THE EVALUATION 5 COMMITTEE AND AUTHORIZING THE INTERIM CITY MANAGER TO 6 SIGN A PROFESSIONAL SERVICES AGREEMENT WITH ORIGAMI RISK 7 LLC, OF CHICAGO, IL AS RESULT OF RFP NO. RM22-007 IN THE 8 AMOUNT OF $195,495.00 FOR THE FIRST TWO (2) YEARS OF THE RISK 9 MANAGEMENT INFORMATION SYSTEM (RMIS); AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS,on February 11,2022,the RFP for Risk Management Information System 13 (RMIS) was advertised to invite Proposers to provide pricing for risk management software 14 system to manage the City's insurance claims that meet the requirements of the City; and 15 WHEREAS, on March 14, 2022 - Procurement Services received and opened four (4) 16 proposals to the RFP, they were reviewed by Purchasing Services to ensure the proposals met 17 the RFP requirements; and 18 WHEREAS, the Committee's unanimous recommendation is to award the Agreement 19 to Origami Risk LLC, as the highest ranked qualified firm; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 21 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 22 approve the ranking as recommended by the Evaluation Committee and authorize the Interim 23 City Manager to sign a Professional Services Agreement with Origami Risk LLC, of Chicago, IL 24 as result of RFP No. RM22-007 in the amount of $195,495.00 for the first two (2) years of the 25 Risk Management Information System (RMIS). 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 27 OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 29 as being true and correct and are hereby made a specific part of this Resolution upon 30 adoption. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 32 approves Approve the ranking as recommended by the Evaluation Committee and authorize 33 the Interim City Manager to sign a Professional Services Agreement with Origami Risk LLC, of S:1CA\RESO\Agreements Approve ranking and Professional Services Agreement with Origami Risk LLC-Reso.docx 1 - 256 34 Chicago, IL as result of RFP No. RM22-007 in the amount of $195,495.00 for the first two (2) 35 years of the Risk Management Information System (RMIS), a copy of the Professional Services 36 Agreement is attached hereto and incorporated herein as Exhibit "A". 37 Section 3. That this Resolution shall become effective immediately. 38 PASSED AND ADOPTED this) day of July, 2022. 39 CITY OF BOYNTON BEACH, FLORIDA 40 YES z- NO 41 Mayor—Ty Penserga 42 Vice Mayor—Angela Cruz 43 Commissioner—Woodrow L. Hay 44 Commissioner—Thomas Turkin 45 Commissioner—Aimee Kelley 46 VOTE S-0 47 A ST: 4: 49 loI 50 Mayle• II-• esus, M OJ•QORATE••••.•Cy, 51 City er Ifo /O \ 52 Q"P ' 53 OR S 54 (Corporate Seal) 1 •••.•••1•••. NOQ' 1 S:\CA\RESO\Agreements\Approve ranking and Professional Services Agreement with Origami Risk LLC-Reso.docx 2- 257 Y O p uP 4 ON PROFESSIONAL SERVICES AGREEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ORIGAMI RISK LLC THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Origami Risk LLC a Foreign Limited Liability Company authorized to do business in the State of Florida, with a business address of 222 North LaSalle Street, Suite 2100, Chicago IL 60601, hereinafter referred to as VENDOR". In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION.The VENDOR is retained by the City to provide labor, parts,and materials related to the Risk Management Information System (RMIS) project. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the Risk Management Information System (RMIS) project as more fully set forth in the Software Subscription Agreement(the Software Subscription Agreement") attached hereto as Attachment A and its related exhibits. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed which will be deemed given upon execution of this Agreement or purchase order which shall not be unreasonably withheld, conditioned, or delayed. VENDOR shall perform all services and provide all work product required pursuant to this Agreement and all attachments hereto. 4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on July 6, 2022 and shall remain in effect through July 5, 2024. The CITY reserves the right to renew the agreement for three (3) one-year renewals subject to vendor acceptance and determination by the CITY that renewal will be in the best interest of the CITY. 5. PAYMENT. The VENDOR shall be paid by the CITY as follows: A. Payment for the work provided by VENDOR shall be made promptly on all invoices submitted to the CITY, provided that the total amount of payment to VENDOR shall not exceed the total contract price without express written modification of the Agreement signed by the CITY Manager or designee. Invoices will be submitted to the CITY as set forth in the applicable Statement of Work. B. The VENDOR's financials records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. C. All payments shall be governed by the Local Government Prompt Payment Act,as set forth in Part VII, Chapter 218, Florida Statutes. D. Payments not made in accordance with the Local Government Prompt Payment Act, Section 218. 70, et.seq, Florida Statutes shall bear interest as provided therein. Except as provided in Sections 7(b)and 9(a)of the Software Subscription Agreement,all fees paid hereunder are non-refundable. Without limiting VENDOR's other rights and remedies, if CITY does not pay a correct overdue 100517399.2 306-9001821} 1 258 invoice within 15 days after receiving notice from VENDOR of nonpayment unless CITY has notified VENDOR of a good faith dispute prior to such time, then VENDOR may suspend CITY's access to the Service and the Professional Services until VENDOR receives such payment, and Fees shall continue to accrue during any such period; provided that this shall not be deemed to limit CITY's right to the return of its Client Data pursuant to Section 3(b) of the Software Subscription Agreement. 6. [RESERVED] 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement,faithfully observe and comply with all federal,state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. A. [Reserved] B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or§768.28, Fla. Stat., as may be amended from time to time. 9. INSURANCE A. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies. All polices shall be written by an insurance company authorized to do business in Florida.VENDOR shall be required to obtain all applicable insurance coverage, as indicated below: Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an"Occurrence"basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement.VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the use of maintenance of non-owned automobile and rented automobiles, whether such 00517399.2 306-90018211 2 259 operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability(Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. v. Umbrella/Excess Liability Insurance: in the amount of$1,000,000.00. Coverage must be follow form of the General Liability. This coverage shall be maintained for a period of no less than the later of one (1)year after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement and upon CITY's request no more than once in any twelve-month period. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured on the commercial general liability policy. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement. VENDOR agrees to provide the CITY within 30 days in the event that insurance coverages as required under this Agreement would be suspended, voided, cancelled, or reduced in coverage, in each case such that VENDOR would be in breach of the requirements of this section 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR,to solicit or secure this contract,and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee,gifts, or any other consideration contingent upon or resulting from the award or making of this contract. 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, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. [RESERVED] 14. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. [RESERVED] 00517399.2 306-9001,21: 3 260 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement,which cannot be resolved through negotiations,shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the CITY shall be sent to the following address: James Stables, Interim City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 Notices to VENDOR shall be sent to the following address: Origami Risk LLC Attn: Legal Department 222 North LaSalle Street Suite 2100 Chicago, IL 60601 legal@origamirisk.com 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the VENDOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both CITY and VENDOR. 19. PUBLIC RECORDS. Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Florida Statutes 119.07. The CITY is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the VENDOR 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, 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. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: 00517399.2306-9001821y 4 261 CITY CLERK'S OFFICE 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CITYCLERK@BBFL.US 20.SCRUTINIZED COMPANIES. By execution of this Agreement,VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR 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 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 VENDOR of the CITY's determination concerning the false certification. 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,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 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 amended from time to time. 21. E-VERIFY. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: i. "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 or consultant. ii. "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. iii. "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. B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. 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 00517399.2306-9001821) 5 262 iii. 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. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 00517399.2 306-9001821) 6 263 IN WITNESS OF THE FOREGOING,the Parties have set their hands and seals the day and year written below. 4 ) 2022. DATED this ) day of j(1 CITY OF BOYNTON BEACH ORIGAMI RISK LLC jafnes Stables, Interim City Manager Signature),Authorized Official Earnest Bentley Printed Name of Authorized Official Attest/Authenticated: President, Risk Solutions Title 0-.0 ON B"F9 ,Q •RqT •.• g. 61_ _ , Corporate Sea,k ;'P o f ..o pit City Clerk t't ' , i F- pvOCkN i v: \ NG 0_0 • i II S. 1 P ' FLS Approved (pm: AttesUAuthenticated: Michael D. Cirullo,Jr.,City Attorney Witness 100517399.2 306-9001[1211 7 4 264 {00517399.2 306-9001821} 1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ORIGAMI RISK LLC THIS AGREEMENT (“Agreement”), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as “CITY”, and Origami Risk LLC a Foreign Limited Liability Company authorized to do business in the State of Florida, with a business address of 222 North LaSalle Street, Suite 2100, Chicago IL 60601, hereinafter referred to as “VENDOR”. In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor, parts, and materials related to the Risk Management Information System (RMIS) project. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the Risk Management Information System (RMIS) project as more fully set forth in the Software Subscription Agreement (the “Software Subscription Agreement”) attached hereto as Attachment A and its related exhibits. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed which will be deemed given upon execution of this Agreement or purchase order which shall not be unreasonably withheld, conditioned, or delayed. VENDOR shall perform all services and provide all work product required pursuant to this Agreement and all attachments hereto. 4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on July 6, 2022 and shall remain in effect through July 5, 2024. The CITY reserves the right to renew the agreement for three (3) one-year renewals subject to vendor acceptance and determination by the CITY that renewal will be in the best interest of the CITY. 5. PAYMENT . The VENDOR shall be paid by the CITY as follows: A. Payment for the work provided by VENDOR shall be made promptly on all invoices submitted to the CITY, provided that the total amount of payment to VENDOR shall not exceed the total contract price without express written modification of the Agreement signed by the CITY Manager or designee. Invoices will be submitted to the CITY as set forth in the applicable Statement of Work. B. The VENDOR’s financials records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. C. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. D. Payments not made in accordance with the Local Government Prompt Payment Act, Section 218. 70, et.seq, Florida Statutes shall bear interest as provided therein. Except as provided in Sections 7(b) and 9(a) of the Software Subscription Agreement, all fees paid hereunder are non-refundable. Without limiting VENDOR’s other rights and remedies, if CITY does not pay a correct overdue 265 {00517399.2 306-9001821} 2 invoice within 15 days after receiving notice from VENDOR of nonpayment unless CITY has notified VENDOR of a good faith dispute prior to such time, then VENDOR may suspend CITY’s access to the Service and the Professional Services until VENDOR receives such payment, and Fees shall continue to accrue during any such period; provided that this shall not be deemed to limit CITY’s right to the return of its Client Data pursuant to Section 3(b) of the Software Subscription Agreement. 6. [RESERVED] 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. A. [Reserved] B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY’s rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 9. INSURANCE A. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies. All polices shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below: i. Worker’s Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker’s Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker’s Compensation and Employer’s Liability Insurance. ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an “Occurrence” basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the use of maintenance of non-owned automobile and rented automobiles, whether such 266 {00517399.2 306-9001821} 3 operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00. Coverage must be follow form of the General Liability. This coverage shall be maintained for a period of no less than the later of one (1) year after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement and upon CITY’s request no more than once in any twelve-month period. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured on the commercial general liability policy. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement. VENDOR agrees to provide the CITY within 30 days in the event that insurance coverages as required under this Agreement would be suspended, voided, cancelled, or reduced in coverage, in each case such that VENDOR would be in breach of the requirements of this section 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. 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, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. [RESERVED] 14. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. [RESERVED] 267 {00517399.2 306-9001821} 4 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the CITY shall be sent to the following address: James Stables, Interim City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 Notices to VENDOR shall be sent to the following address: Origami Risk LLC Attn: Legal Department 222 North LaSalle Street Suite 2100 Chicago, IL 60601 legal@origamirisk.com 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the VENDOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended onl y by written instrument signed by both CITY and VENDOR. 19. PUBLIC RECORDS. Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Florida Statutes 119.07. The CITY is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the VENDOR 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, 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. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: 268 {00517399.2 306-9001821} 5 CITY CLERK’S OFFICE 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CITYCLERK@BBFL.US 20. SCRUTINIZED COMPANIES. By execution of this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR 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 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 VENDOR of the CITY's determination concerning the false certification. 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, 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 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 amended from time to time. 21. E-VERIFY. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: i. “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 or consultant. ii. “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. iii. “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. B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. 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 269 {00517399.2 306-9001821} 6 iii. 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. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 270 {00517399.2 306-9001821} 7 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this _____ day of ________________________________________, 2022. CITY OF BOYNTON BEACH ORIGAMI RISK LLC _________________________________ __________________________________ James Stables, Interim City Manager (Signature), Authorized Official __________________________________ Printed Name of Authorized Official Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Michael D. Cirullo, Jr., City Attorney Witness 271 CONFIDENTIAL 8 Attachment A SOFTWARE SUBSCRIPTION AGREEMENT This SOFTWARE SUBSCRIPTION AGREEMENT (this “Agreement”) is entered into as of _______________, 2022 (the “Effective Date”) by and between ORIGAMI RISK LLC, a Delaware limited liability company (“Origami”), and City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida (“Client”). Origami and Client hereby agree as follows: DEFINITIONS. “Affiliate” means, with respect to a party, its parent company and subsidiaries and/or controlled corporations or entities which are directly or indirectly controlled by, or under common control with, such party. “Client Data” means the data provided or inputted by or on behalf of Client or any User or Affiliate of Client for use with the Service. “Client Party” means Client and each of its Affiliates and Users. “Confidential Information” means all confidential and proprietary information of a party, including, without limitation, business plans, strategies, products, software, source code, object code, clients, data models, discoveries, inventions, developments, know-how, improvements, works of authorship, concepts, or expressions thereof, whether or not subject to patents, copyright, trademark, trade secret protection or other intellectual property right protection. “Customizations” means specifically modified reports, dashboard panels, or other configurations, features or modules of the Service customized for Client. “Documentation” means all user guides, videos, embedded help text, and other reference materials generally furnished with respect to the Service, whether in printed or electronic format. “Fees” means the fees payable pursuant to this Agreement as set forth in any Statement of Work. “Intellectual Property Rights” means worldwide intellectual and proprietary property owned or properly licensed by a party and all intellectual or proprietary property rights subsumed therein, including copyright, patent, trademark (including goodwill), trade dress, trade secret and know-how rights. “Professional Services” means professional services provided by Origami to Client as set forth in any Statement of Work. “Service” means Origami’s software-as-a-service identified in the Statement of Work and accessible by Client via https://live.OrigamiRisk.com or another designated web site or IP address or mobile application, rendered to Client by Origami. “Statement of Work” means any statement of work entered into and mutually approved in writing by the parties pursuant to this Agreement from time to time. The initial Statement of Work is attached hereto as Exhibit A, and the pricing detail with respect to such Statement of Work is attached hereto as Exhibit B. “User” means any employee, contractor, agent, customer, investor, consultant or service provider of Client or any of Client’s Affiliates who uses or accesses the Service or any other person or entity that is provided user credentials to the Service by or on behalf of Client or any of Client’s Affiliates. “Work Product” means Customizations and any software, programming, tools, documentation, and materials that are used, created, developed, or delivered by Origami to Client in connection with Customizations, and all Intellectual Property Rights subsumed therein. SERVICE. Service. Subject to the terms and conditions of this Agreement, during the term of this Agreement, Origami hereby grants Client a non-exclusive right to permit its Users to access the Service via the Internet. Client, its Affiliates and Users may use the Service solely for internal business of Client, its Affiliates and Users. Users shall use the Service in accordance with this Agreement and the applicable Statement of Work and Documentation. Storage. Client may store Client Data through the Service up to the amount set forth in the applicable Statement of Work. If the amount of storage used exceeds this limit, Client will be charged, on a monthly basis, the excess storage fees pursuant to the Statement of Work. Service Level Agreement. Origami’s Service Level Agreement with respect to the Service is set forth as Exhibit C (the “Service Level Agreement”). Any Excluded Event (as defined in such Service Level Agreement) and any unavailability of the Service that does not constitute a failure of the Availability Requirement set forth in such Service Level Agreement shall not constitute a breach of this Agreement. 272 CONFIDENTIAL {00517399.2 306-9001821} 9 Restrictions. Nothing in this Agreement shall be construed as a grant to Client of any right to, and Client shall not, and shall not permit any User or any other third party to: (i) reproduce, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any portion thereof; (ii) distribute, disclose or allow use of any of the Service, or any portion thereof, in any format, through any timesharing service, service bureau, network or by any other means, to or by any third party; (iii) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Service in any manner; (iv) create derivative works from, modify or alter any of the Service in any manner whatsoever; (v) use or access the Service in a manner that would reasonably be expected to damage, disable, overburden, or impair any Origami servers or the networks connected to any Origami server (and if any access or use of the Service does damage, disable, overburden, or impair any Origami servers or the networks connected to any Origami server, then Client shall promptly discontinue such access or use upon written notice of such by Origami); (vi) take any action that would reasonably be expected to interfere with any third party’s use and enjoyment of the Service (and if any Client action does interfere with any third party’s use and enjoyment of the Service, then Client shall promptly discontinue such action upon written notice of such by Origami); (vii) attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any Origami server; (viii) use any robot, spider or other automatic device or manual process to monitor or copy portions of the Service; (ix) use the Service in a manner intended to abuse or violate the privacy or property rights of others; (x) perform any vulnerability scanning or penetration testing on the Service or Origami’s systems or networks without Origami’s explicit prior written consent for each such scan or test; or (xi) access the Service in order to (A) build a competitive product or service, or (B) build a product using similar unique and confidential ideas, features, functions or graphics of the Service. Users. Client may permit the number of authorized Users as set forth in the Statement of Work to use the Service. Each authorized User shall access and use the Service (i) in accordance with the terms of this Agreement and the applicable Statement of Work and Documentation, and, (ii) when applicable, through a unique and reasonably secure username and password as further described in the applicable Statement of Work or Documentation. The Service allows Client to grant different levels of access to Client Data, to different Users, as described in more detail in the Statement of Work. It is Client’s responsibility to designate the applicable access to be granted to each User. Client shall cause all Users to comply with all obligations of Client hereunder, to the extent applicable to Users. Except for Client’s and its Affiliates’ system administrators where reasonably necessary for administrative or security purposes, no User may use the username/user identification or password of any other User. Client’s failure to cause a User to comply with the terms of this Agreement or any uncured User noncompliance shall constitute a material breach of this Agreement by Client. Third Party Access. Client shall also have the right for Client and its Affiliates to permit third party Users to access or use the Service in accordance with the terms and conditions of this Agreement and the applicable Statement of Work, provided that each such third party User has agreed in writing to Origami’s Third Party User Agreement (“Third Party Terms”) prior to or upon such User’s initial login to the Service. Such Third Party Terms are available from Origami upon request. Client may meet this requirement with respect to any third party User by requiring such third party User to accept the Third Party Terms as part of a click-through that can be enabled to appear upon such third party User’s initial login to the Service. Any rights granted hereunder or under the Third Party Terms with respect to the Service to third party Users shall expire or terminate immediately upon the termination of this Agreement in accordance with its terms. Client shall be fully responsible for (i) ensuring the compliance of each Client Party with the terms and conditions of this Agreement, the applicable Statement of Work and Documentation, and the applicable Third Party User Agreement, and (ii) all violations of the terms or conditions of this Agreement, the applicable Statement of Work and Documentation, and the applicable Third Party Terms by each Client Party. Professional Services. During the term of this Agreement, Origami will make available to Client certain Professional Services to the extent set forth in the Statement of Work. Client may also contract for expanded services for additional days and hours in accordance with the rates set forth in the Statement of Work, or if no such rates are specified, Origami’s then-current policies and prices. Notwithstanding the foregoing, Origami will not be obligated to provide any support required as a result of, or with respect to, (i) Client’s operating systems, networks, hardware, or other related equipment of Client, or (ii) Client’s or any of its Users’ use of the Service other than in accordance with the applicable Statement of Work and Documentation and as permitted under this Agreement. Client Obligations. Client shall: (i) provide Origami with reasonable access to Client’s premises to the extent necessary to enable Origami to perform its obligations hereunder; (ii) provide adequate resources to participate in or facilitate the performance of the Service; (iii) timely participate in meetings relating to the Service; 273 CONFIDENTIAL {00517399.2 306-9001821} 10 (iv) assign personnel with relevant training and experience to work in consultation with Origami; (v) meet the requirements to use the Service as set forth at http://www.origamirisk.com/product-requirements; (vi) safeguard the usernames, passwords and other security data, methods and devices furnished to Client in connection with the Service and prevent unauthorized access to or use of the Service and promptly notify Origami if it becomes aware of any such unauthorized access or that the security of its usernames or passwords has been compromised; (vii) be responsible for Client networks, equipment and system security required or appropriate in connection with the Service; (viii) have sole responsibility for the accuracy, quality, legality, reliability and appropriateness of all Client Data; (ix) transmit Client Data only in an encrypted format as set forth in the Service Level Agreement or as otherwise mutually agreed by the parties; (x) obtain all consents and authorizations from any third parties that Client requires in order for Origami to provide the Service and perform the Professional Services (and Origami shall not be required to enter into agreements with any such third parties), and (xi) take such other actions as are required of Client pursuant to this Agreement, including any Statement of Work. Client Warranty. The parties acknowledge and agree that during the term of this Agreement a Client Party or other third parties may disclose certain Client Data, including personally identifiable data regarding employees or other individuals, to Origami for the benefit of a Client Party. With respect to any Client Data so disclosed by, or on behalf of, a Client Party to Origami, Client represents and warrants to Origami that: (i) each such Client Party, and such other third parties operating on Client’s behalf are authorized to collect, use and disclose the Client Data to Origami for use and storage pursuant to this Agreement; (ii) such disclosure, use or storage does not and shall not violate applicable law or, if applicable, such Client Party’s agreements with or privacy notices to individuals with respect to whom the Client Data relates; and (iii) Client shall not request Origami to use, store, disclose or otherwise process Client Data in any manner that would not be permissible under applicable law or, if applicable, such Client Party’s agreements with or privacy notices to individuals with respect to whom the Client Data relates, if done by Client. Non-Origami Events. Client acknowledges and agrees that Origami shall not be responsible or liable for any delay or failure in its performance of any duties or obligations pursuant to this Agreement, including any Statement of Work, to the extent such delays or failures result or arise from any (1) act or omission of any Client Party, including any delays in their performance or cooperation with respect to the obligations or warranties set forth in this Agreement or any Statement of Work; (2) failure of any Client Party’s equipment or software (other than the Service); or (3) Force Majeure Event. Mobile Service. The Service may include certain services that are available via an application downloaded and installed on a mobile device. To the extent Client chooses to use such application, Client acknowledges and agrees that Client Data may be stored locally on a mobile device as part of such service and that the physical security of any mobile device used to access such services is Client’s responsibility. If Client or any User elects to store data on a mobile device, Origami shall not be responsible for any loss of Client Data or any other data on such device. INTELLECTUAL PROPERTY RIGHTS. Origami Intellectual Property Rights. As between Origami and Client, Origami owns all right, title and interest, including all related Intellectual Property Rights in and to, or related to the Service and Work Product, including all software programs contained therein. To the extent that any such Intellectual Property Rights do not otherwise vest in Origami or its licensors, Client hereby agrees to promptly assign such Intellectual Property Rights to Origami or its licensors, and to do all other acts reasonably necessary to perfect Origami’s or its licensors’ ownership thereof, without additional consideration of any kind. The Origami name, the Origami logos, and the product names associated with the Service are trademarks of Origami or third parties, and no right or license is granted with respect to their use. The Service may contain intellectual property belonging to third parties. All such intellectual property is and shall remain the property of its respective owners. Except for the limited rights expressly granted herein, all right, title and interest in and to the Service and Work Product are reserved by Origami, and, except as expressly granted herein, nothing contained in this Agreement shall be construed as conferring any right, title, interest or license with respect to the Service or Work Product upon Client, by implication, estoppel or otherwise. In addition, Client agrees and acknowledges that Origami shall have an unlimited right to incorporate into any updates, upgrades, or modifications to the Service all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client or any User relating to the Service. Such Service, as updated, upgraded, or modified, shall be owned by Origami as provided in this Section. Client expressly acknowledges and agrees that the Work Product shall not constitute work made -for-hire under the United States Copyright Act, and that Origami shall have the exclusive right to protect the Work Product by patent, copyright, or any other means. Work Product shall be made available to Client as part of the Service to the extent set forth in the Statement of Work, 274 CONFIDENTIAL {00517399.2 306-9001821} 11 and Client shall have no other right to use any Work Product. Client Data. Client Data shall be Confidential Information of Client under this Agreement. As between Origami and Client, Client shall own all right, title and interest in and to the Client Data, which shall never be deemed to be the Service or Work Product, even if delivered or incorporated therewith. Origami shall have no responsibility, whatsoever, for the accuracy, quality, legality, reliability, appropriateness, and intellectual property ownership of Client Data, and Origami shall not review, monitor or check the Client Data except as necessary to provide the Service to Client. Origami shall not be responsible or liable for the deletion, destruction, damage or loss of any Client Data through no fault of Origami or its providers without limiting Origami’s liability to maintain backup data as set forth in the Service Level Agreement. Upon Client’s written request within 30 days following the termination of this Agreement, Origami will at its expense provide electronic files to Client in delimited text format containing Client’s Client Data. Subject to Origami’s confidentiality obligations set forth in this Agreement, Client agrees that Origami shall have the right to collect and use data or information resulting from a Client Party’s use of the Service so long as such data and information is de- identified and aggregated so that it cannot identify, be traced back to or otherwise be associated in any manner with Client or any particular individual. Notices of Infringement. In the event Client discovers or is notified of an actual or suspected infringement of the rights of Origami or its licensors in or to the Service or any unauthorized access to or use of the Service (each, an “Infringement”), Client shall promptly notify Origami of such known or suspected Infringement and terminate such Infringement to the extent within Client’s control. Client agrees to reasonably cooperate with and assist Origami (at Origami’s sole expense) in protecting, enforcing and defending Origami’s rights in and to the Service. FINANCIAL TERMS. Fees. Client shall pay to Origami the Fees set forth in any Statement of Work or as otherwise agreed in writing by the parties. Expenses. Client shall reimburse Origami for all pre-authorized in writing, reasonable, documented out of pocket travel, lodging, meal and other expenses reasonably incurred by Origami in the course of performing the Service. Taxes. For so long as Client is tax exempt, Client shall not be responsible for any taxes under this or resulting from this Agreement. As at the execution of this Agreement, Client is tax exempt. RESERVED. CONFIDENTIALITY. Confidential Information. Each party acknowledges and agrees that during the term of this Agreement it may be furnished with or otherwise have access to Confidential Information of the other party. The party that has received Confidential Information (the “Receiving Party”), in fulfilling its obligations under this Section, shall exercise the same degree of care and protection with respect to the Confidential Information of the party that has disclosed Confidential Information to the Receiving Party (the “Disclosing Party”) that it exercises with respect to its own Confidential Information, but in no event shall the Receiving Party exercise less than a reasonable standard of care. The Receiving Party shall only use, access and disclose Confidential Information as required by law or as necessary to fulfill its obligations under this Agreement, including any Statement of Work, or in exercise of its rights expressly granted hereunder. Receiving Party shall not directly or indirectly disclose, sell, copy, distribute, republish, create derivative works from, demonstrate or allow any third party to have access to any of Disclosing Party’s Confidential Information; provided that the Receiving Party may disclose the Disclosing Party’s Confidential Information to its directors, officers, employees, subcontractors, agents, Affiliates or other representatives (collectively, the “Representatives”) who have a need to know and who are bound by confidentiality obligations with respect to such Confidential Information that are substantially similar to those set forth in this Section and as required by law. The Receiving Party shall be responsible and liable for any breach of this Section by any of its Representatives. This Agreement (including all Statements of Work and pricing thereunder) and all Intellectual Property Rights with respect to the Service and Work Product shall be deemed to be Confidential Information of Origami under this Agreement. Exclusions. The following information shall not be considered Confidential Information subject to this Section: (i) information that is publicly available or later becomes available other than through a breach of this Agreement; (ii) information that is known to the Receiving Party or its Representatives prior to such disclosure or is independently developed by the Receiving Party or its Representatives subsequent to such disclosure; or (iii) information that is subsequently lawfully obtained by the Receiving Party or its Representatives from a third party without obligations of confidentiality. If the Receiving Party is required by law to disclose any portion of the Disclosing Party’s Confidential Information, Receiving Party shall give prior timely notice 275 CONFIDENTIAL {00517399.2 306-9001821} 12 of such disclosure to Disclosing Party to permit Disclosing Party to seek a protective or similar order, and, absent the entry of such an order, Receiving Party shall disclose only such Confidential Information as is necessary be disclosed in response to such subpoena, court order or other similar document. Return of Confidential Information. Upon termination or expiration of this Agreement, the Receiving Party will promptly return or destroy any Confidential Information in the possession or control of the Receiving Party. Origami’s obligation to return and destroy Client Data is set forth in Section 3(b). DATA SECURITY. Audit Report. Upon Client’s written request to Origami during the term of this Agreement (no more than once in any 12-month period), Origami shall provide a copy of its Service Organization Control (SOC) 2 audit report (or an equivalent audit report or pursuant to a successor standard) (“SOC 2 Report”) to Client, and such report shall contain an unqualified opinion. Such audit report shall be deemed Confidential Information under the terms of this Agreement. Safeguards. Origami shall maintain commercially reasonable administrative, technical and physical safeguards designed to protect the security and privacy of Client Data. Such safeguards are described in Origami’s most recently completed SOC 2 Report. In no event during the term of this Agreement will Origami materially diminish the protections provided by the controls set forth in such SOC 2 Report. Such safeguards shall comply with data privacy laws that are applicable to Origami in its performance of this Agreement, including, without limitation, any applicable data privacy laws addressing personally identifiable information that may be contained in the Client Data. Origami shall also maintain an internal information security management program that addresses data security and the security controls employed by Origami in compliance with this Agreement. Origami shall encrypt Client Data as set forth in the Service Level Agreement. Notification. Origami shall inform Client promptly and without undue delay in the event that it learns of any breach of Origami’s systems resulting in unauthorized disclosure of, or access to, any Client Data. Any such notice will provide a description about the Client Data that was accessed to the extent available at the time of the notice. Origami will provide regular updates to Client as additional details about the nature of the affected Client Data become available. Origami agrees to mitigate, to the extent practicable, any harmful effects from such breach that are or become known to Origami. TERM AND TERMINATION. Term. This Agreement shall commence on the Effective Date and remain in effect for two years with three, one year optional renewal periods, unless terminated sooner in accordance with this Section. Termination for Breach. This Agreement may be terminated by either party upon written notice to the other party if the other party breaches any material term and fails to cure such breach within 30 days after receipt of written notice of such breach. If Client terminates the Agreement for Origami’s breach in accordance with this paragraph, Origami shall refund to Client, within 45 days of the effective date of such termination, any prepaid but unearned Fees paid to Origami in advance by Client. If Origami terminates the Agreement for Client’s breach in accordance with this paragraph, all remaining unpaid Fees shall become due and payable. Termination for Insolvency. Either party may terminate this Agreement immediately upon notice to the other party if the other party (i) becomes insolvent or admits its inability to pay its debts generally as they become due, (ii) becomes subject, voluntarily or involuntarily, to any proceeding under any bankruptcy or insolvency law, which is not fully stayed within seven business days or is not dismissed or vacated within 45 days after filing, (iii) is dissolved or liquidated or takes any company action for such purpose or ceases to exist as a going concern, (iv) makes a general assignment for the benefit of creditors, or (v) has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell all or substantially all of its property or business. Events Upon Termination. Upon the termination of this Agreement: (i) Origami shall cease providing the Service to Client, and Client and its Users shall cease use of the Service; and (ii) Origami shall invoice Client for all accrued Fees and all reimbursable expenses. Client shall pay the invoiced amounts, including from previously issued invoices, within 30 days of the date of such invoice. Survival. Except as otherwise set forth herein, in the event of termination of this Agreement for any reason, the provisions of Sections 2(i), 2(j), 3, 5, 7(d), 7(e), 8(c), and 9 through 13, as well as all payment obligations, shall survive. Termination Assistance Services. Upon written request by Client at least 30 days prior to the termination of this Agreement (for any reason other than by Origami pursuant to Section 7(b)), and provided that no amounts invoiced to Client are past due, the designated representatives of each party will meet to begin to design 276 CONFIDENTIAL {00517399.2 306-9001821} 13 such transition services plan as soon as reasonably practicable following the date of the Notice of Termination and in any event at least 30 days prior to the effective date of the termination of this Agreement. The purpose of the transition service plan will be to enable Client to transition, before or after the effective date of termination, the Services to other third party providers or resources. Origami and Client further agree that any such transition services plan shall, at a minimum, provide terms to facilitate Origami’s performance of its obligations in the provision of services under this Agreement. In furtherance of such transition services plan, Origami shall cooperate with Client in transitioning performance of the services to Client or to any third party service provider designated by Client; provided, however, that Client shall pay Origami a reasonable agreed upon amount for any work Origami needs to perform to segregate data, delete it and/or integrate such data with Client and/or its third party vendor, in conjunction with such transition upon the written request of Client. The term of this Agreement shall not be deemed to have expired or terminated until the termination assistance services are completed. The fees for any termination assistance services shall be at Origami’s rates as set forth in the applicable Statement of Work or, if not set forth in the applicable Statement of Work, at Origami’s then-prevailing rates. Origami shall not retain any copies of Client data, materials or information except as required by law. Client shall return all copies of all Origami data, materials, and information in the possession or control of Client to Origami in such form or format as reasonably requested by Origami. Client shall not retain any copies of such Origami data, materials, or information except as required by law. Origami shall provide such termination assistance services to Client for a period which shall not exceed six (6) months in total. This provision shall survive termination of this Agreement. LIMITED WARRANTY. Service Warranty. Origami warrants that the Service will perform in all material respects in accordance with the Documentation when used in accordance with the terms of this Agreement on the hardware and with the third- party software specified by Origami from time to time. Client’s sole remedy for any breach by Origami of the warranty provided in this Section shall be replacement of the nonconforming Service, at Origami’s sole expense, as described herein. Origami shall deliver to Client replacement Service, a work-around and/or an error/bug fix as may be necessary to correct the nonconformity. In the event that Client gives Origami notice of an apparent nonconformity that Origami reasonably determines is not due to any fault or failure of the Service to conform to the warranty provided herein, all time spent by Origami resulting in such determination, including time spent attempting to correct the problem, shall be charged against Client’s client service hours, or, if client service hours have been exhausted, charged to Client at Origami’s then current hourly rate for such services. Professional Services Warranty. Origami represents and warrants that the Professional Services shall be performed in a professional and commercially reasonable manner consistent with the standard of care exercised by Origami in performing similar services for other clients. Client’s sole remedy for breach of this warranty shall be re-performance of the nonconforming Professional Services, provided that Origami must have received written notice of the nonconformity from Client no later than 30 days after the original performance of the applicable Professional Services by Origami. Disclaimers. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, ORIGAMI MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICE, WORK PRODUCT, PROFESSIONAL SERVICES, OR ANY OTHER SERVICES PROVIDED HEREUNDER OR THE USE THEREOF BY CLIENT AND ITS USERS, INCLUDING QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ORIGAMI HEREBY DISCLAIMS THE SAME. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, ORIGAMI AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (a) THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (b) THE SERVICE WILL MEET CLIENT’S REQUIREMENTS OR EXPECTATIONS; OR (c) ALL ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED. CLIENT ACKNOWLEDGES AND AGREES THAT THE SERVICE IS A TOOL TO BE USED BY CLIENT IN THE COURSE OF EXERCISING ITS PROFESSIONAL JUDGMENT. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ORIGAMI IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OUTSIDE OF ITS REASONABLE CONTROL. NO ORIGAMI AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY EXPANSION, MODIFICATION OR ADDITION TO THIS LIMITATION AND EXCLUSION OF WARRANTIES IN THIS AGREEMENT. Origami shall not be responsible for: (A) any non-conformities of the Service with Documentation, 277 CONFIDENTIAL {00517399.2 306-9001821} 14 omissions, delays, inaccuracies or any other failure caused by a Client Party’s computer systems, hardware or software (other than the Service), including by interfaces with such third party software, or any inaccuracies that such systems may cause within the Service; or (B) any data that Origami receives from a Client Party or third party sources and including the data’s accuracy or completeness, or Client’s claim handling or other decisions. Origami disclaims any liability for interception of any such data or communications, including of encrypted data. Client agrees that Origami shall have no responsibility or liability for any damages arising in connection with access to or use of the Service by any Client Party to the extent such access or use is not authorized by this Agreement. INDEMNIFICATION BY ORIGAMI. Indemnification. Origami agrees to indemnify, defend, settle, or pay any third party claim or action against a Client Party for (i) any claims arising from Origami’s gross negligence or willful misconduct or (ii) infringement of any U.S. patent or copyright arising from Client’s use of the Service in accordance with this Agreement. If the Service or any part of the Service is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Origami shall, at its own expense and as Client’s sole remedy therefor (other than the indemnification obligation set forth above), either: (i) procure for Client the right to continue to use the Service; or (ii) modify the Service to make it non-infringing, provided that such modification does not materially adversely affect Client’s authorized use of the Service; or (iii) replace the Service with a functionally equivalent non-infringing program at no additional charge to Client; or (iv) if none of the foregoing alternatives is reasonably available to Origami, terminate this Agreement and refund to Client any prepaid but unearned Fees paid to Origami in advance by Client prior to the effective date of the termination. Exclusions. Origami’s indemnification obligations under Section 9(a) shall not apply to the extent the claim is based on: (i) modifications to the Service or any component thereof made by anyone other than Origami or on behalf of Origami; (ii) use of any Service in combination with a product not supplied by Origami; or (iii) use of any Service other than in accordance with this Agreement and the Documentation. Conduct. Origami shall have the sole right to conduct the defense of any such infringement claim or action and all negotiations for its settlement or compromise, and to settle or compromise any such claim. Client agrees to cooperate and ensure that each Client Party cooperates with Origami in doing so. Client agrees to give Origami prompt written notice, in no case longer than within seven days of receipt or discovery, of any threat, warning, or notice of any such claim or action, with copies of any and all documents each Client Party may receive relating thereto. INDEMNIFICATION BY CLIENT. Client agrees to indemnify, defend and hold harmless Origami, its Affiliates, and all their officers, directors, members, managers, shareholders, employees and other agents for and against any damage, cost, liability, expense, claim, suit, action or other proceeding, to the extent based on or arising in connection with: (a) any breach of this Agreement by a Client Party in connection with Client Data; (b) a Client Party’s violation of any Federal, state or local law, rule or regulation relating to such Client Party’s collection and use of any Client Data; (c) a claim, which, if true, would constitute a breach of Client’s representations and warranties under this Agreement. LIMITATION OF LIABILITY. Disclaimer of Damages. WITH THE SPECIFIC EXCEPTION OF ITS INDEMNITY OBLIGATIONS CONTAINED IN THIS AGREEMENT, IN NO EVENT WILL ORIGAMI BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE PROFESSIONAL SERVICES, WHETHER BASED IN CONTRACT, TORT, INTENDED CONDUCT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME, GOODWILL OR REVENUE, COSTS INCURRED AS A RESULT OF DECISIONS MADE IN RELIANCE ON THE SERVICE, LOSS OF USE OF THE SERVICE OR ANY OTHER SOFTWARE OR OTHER PROPERTY, LOSS OF DATA, THE COSTS OF RECOVERING OR RECONSTRUCTING SUCH DATA OR THE COST OF SUBSTITUTE SOFTWARE, SERVICES OR DATA, OR FOR CLAIMS BY THIRD PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Limitation of Liability. WITH THE SPECIFIC EXCEPTION OF ITS INDEMNITY OBLIGATIONS CONTAINED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL ORIGAMI’S AGGREGATE MAXIMUM LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE PROFESSIONAL SERVICES EXCEED THE PAYMENTS ACTUALLY MADE TO ORIGAMI HEREUNDER DURING THE 12 MONTHS PRECEDING THE DATE ON WHICH ANY CLAIM IS MADE AGAINST ORIGAMI. EXPORT CONTROL. 278 CONFIDENTIAL {00517399.2 306-9001821} 15 Export. Client shall not export the Service or any Work Product in violation of applicable United States laws and regulations. Client also agrees that it will not knowingly export, directly or indirectly, the Service or any Work Product (i) that it knows will directly assist in the design, development, production, stockpiling or use of missiles, nuclear weapons or chemical/biological weapons; (ii) to any entity on the Department of Commerce Entity List or any person or entity on the Department of Commerce Denied Persons List, each currently available at http://www.bis.doc.gov; or (iii) to any country subject to sanctions administered by the Department of the Treasury’s Office of Foreign Assets Control or to any person or entity on the lists of prohibited entities and persons maintained by such office, currently available at http://www.ustreas.gov/ofac. Disclaimer. Origami makes no representation that the Service is appropriate or available for use in other locations. If Client uses the Service from outside the United States of America, Canada, the United Kingdom and/or the European Union, Client is solely responsible for compliance with all applicable laws, including export and import regulations of other countries. Any diversion of the Service contrary to applicable law is prohibited. GENERAL. [Reserved]. Assignment. Neither party shall have the right to assign, transfer, or sublicense any obligations or benefit under this Agreement without the prior written consent of the other party; provided, however, that no written consent shall be required to assign or transfer this Agreement to any parent or wholly owned subsidiary of a party, and further provided that Origami may assign or transfer this Agreement without Client’s prior written consent to a successor by way of a merger, acquisition, sale, transfer or other disposition of all or substantially all of its assets. Except as otherwise provided herein, this Agreement shall be binding on and inure to the benefit of the respective successors and permitted assigns of the parties. Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any party other than the parties to this Agreement. Publicity. Without prior written approval of the other party or as otherwise set forth in a SOW, neither party shall, directly or indirectly, make any public announcement related to this Agreement or the Service. Notwithstanding the foregoing, Origami may disclose the fact that Client has procured a license for the Service; provided that Origami will not state or imply that Client endorses or recommends the Service without the written permission of Client. Entire Agreement; Amendments. This Agreement (including all exhibits, appendices, schedules and attachments hereto) constitutes the final agreement between the parties. All prior and contemporaneous oral and written communications, negotiations and agreements between the parties on the matters contained in this Agreement, including, without limitation, any nondisclosure or confidentiality agreements entered into between the parties prior to the date of this Agreement, are expressly merged into and superseded by this Agreement. No terms or conditions contained in any purchase order shall amend this Agreement or shall otherwise constitute an agreement between the parties. The parties may amend this Agreement only by a written agreement of the parties that identifies itself as an amendment to this Agreement. Waivers. The parties may waive any provision in this Agreement only by a writing executed by the party against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this Agreement, and no act, omission or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy or condition. A waiver once given is not to be construed as a waiver on any future occasion or against any other person. Severability. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. [Reserved] [Reserved] [Reserved] Force Majeure. Neither party shall have any liability for any failure or delay in performance of its obligations under this Agreement (except for payment) because of circumstances beyond its reasonable control, including without limitation, acts of God, fires, floods, earthquakes, wars, civil disturbances, terrorism, sabotage, accidents, unusually severe weather, labor disputes, governmental actions, power failures, viruses that are not preventable through generally available retail products, inability to obtain labor, material or equipment, catastrophic hardware failures, usage spikes, attacks on servers, or any inability to transmit or receive information over the Internet (each, a “Force Majeure Event”), nor shall any such failure or delay give any party the right to terminate this Agreement. 279 CONFIDENTIAL {00517399.2 306-9001821} 16 Certain Remedies. Each party acknowledges and agrees that (i) it would be extremely difficult, if not impossible, to calculate the actual damages in the event of Origami’s breach of Section 3(b) or 5 of this Agreement or Client’s breach of Section 2, 3 or 5 of this Agreement; and (ii) breach of any such provision of this Agreement would result in ongoing damages to the non-breaching party that could not be adequately compensated by monetary damages. Accordingly, each party agrees that in the event of any actual or threatened breach of any such provision of this Agreement, the non-breaching party shall be entitled, in addition to all other rights and remedies existing in its favor at law, in equity or otherwise, to seek injunctive or other equitable relief (including without limitation a temporary restraining order, a preliminary injunction and a final injunction) against the other party to prevent any actual or threatened breach of any such provision and to enforce this Agreement specifically, without the necessity of posting a bond or other security or of proving actual damages. Counterparts. This Agreement and each Statement of Work may be executed in counterparts, each of which will be deemed an original but all of which together shall constitute one and the same Agreement. Delivery of an executed counterpart of a signature page to this Agreement or any Statement of Work by PDF or other electronic means shall be as effective as delivery of a manually executed counterpart of this Agreement or such Statement of Work. 280 {00517399.2 306-9001821} 17 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. ORIGAMI RISK LLC CITY OF BOYNTON BEACH By: __________________________________ By: __________________________________ Name: _______________________________ Name: _______________________________ (Print Name) (Print Name) Title: ________________________________ Title: _________________________________ Address: 222 N. LaSalle St. Suite 2100 Chicago, IL 60601 Address: ______________________________ ______________________________________ Email: legal@origamirisk.com Email: ________________________________ 281 {00517399.2 306-9001821} 18 EXHIBIT A STATEMENT OF WORK This Statement of Work (“SOW”) describes services to be performed by Origami Risk LLC (“Origami”) for City of Boynton Beach, FL (“Client”). This SOW is subject to all the terms and conditions of the Software Subscription Agreement between Client and Origami, into which it will now be integrated as Exhibit A. PROJECT SCOPE Provide and implement Origami’s Risk Management Information System (RMIS) (the “Service”) to help ensure accurate and consistent tracking and reporting of Client’s claims, incidents, policies, locations and exposures. Client utilizes the services of TriStar for Third Party-Administrator (TPA) services for all Workers’ Compensation claims. Commercial Risk Management handles TPA services for Liability and Property claims. There will be an import from TriStar of Claim Only feed type on a daily basis and a Claim Only feed type from Commercial Risk Management on a weekly import basis to keep data refreshed in the Origami system. Property/Liability claims not involving bodily injury and that can be settled (typically under $5,000) may be handled internally by the City’s risk management staff. Additionally, damage to/loss of City property that is not otherwise covered under the City’s insurance plan would be entered into the system for internal tracking purposes. For each of these above two scenarios, Client will not be using Origami’s full claims administration functionality but will be using the standard aspects of Claim notes, tasks/diaries, file attachments, emails and standard claim tracking fields. There is no check generation or interface to support in-house claims management/administration. This SOW does not include Enterprise Risk Management (ERM) and Client does not have an active ERM program, although Client has identified a desire and future exploration of possibly electing the ERM license in the future. CLIENT ROLES AND RESPONSIBILITIES Client will identify a System Administrator (“Client SA”) who will be responsible for working with Origami to implement the Service and to provide ongoing production support to Client’s Users. The Client SA and, from time to time, other Client employees will be available to provide timely direction and feedback as needed by Origami to complete the Origami tasks in this SOW. The Client SA will also be responsible for setting up, assigning security rights, and maintaining user IDs for all Users. Client will have final responsibility for decisions regarding the configurations or customizations (such as forms, dashboards, interfaces, reports, workflows and data flows) created by or for Client or Client’s users in the Service. For all such configurations and customizations, Client shall be responsible for quality assurance to ensure that such configurations and customizations operate as intended (including functionality, usability and data access rights), and Origami shall not be responsible for any damages caused by any such configurations or customizations. 282 {00517399.2 306-9001821} 19 LICENSES Base Functionality Functionality Selected Description RMIS Yes Includes functionality related to risk management, including incidents, claims, insurance policy management, locations, certificates of insurance, safety, and risk management portal. Enterprise Risk Management (ERM) No Includes ERM functionality. Governance, Risk & Compliance (GRC) No Includes GRC functionality. * Origami offers other base functionality (e.g., Claims Adjudication and Policy Underwriting and Issuance) not included under this SOW. User Licenses License Quantity Description Full User 2 These licenses have access to all the capabilities and features of the Service under the base functionality selected above, except those features utilized for adjusting claims such as check writing, setting reserves and calculating indemnity benefits. These licenses have access to Extended Functionality features to the extent selected below. Light User 0 These licenses have access to the dashboard, reports pre-configured for them, and read-only access to other areas of the Service under the selected base functionality. Light Users do not have access to Administration features or Extended Functionality features. Claims Adjusting User 0 These licenses have access to all the features and capabilities of the Service under the base functionality selected above, including those features utilized for adjusting claims such as check writing, setting reserves and calculating indemnity benefits. These licenses have access to Extended Functionality features to the extent selected below. IT System Admin User 2 These licenses are for usage by Client’s Information Technology (IT) department only to support the system from a System Administrator standpoint Non-Named-User Access Licenses License Selected Quantity Description Enterprise Wide Record Entry Yes Up to 1,000 records added per year These licenses are not named licenses and have access only to enter records either by (1) an anonymous collection portal, by clicking an anonymous collection link generated via Origami’s administration features (“Portal Data Entry”) or (2) granting access to a URL sent from Origami Risk as a Data Entry Event email notification, giving time limited access to a single record (“Grant Access”). Enterprise Values Collection No 0 Users These licenses allow representatives in the field to enter data through the Service’s online platform pertaining to information necessary for renewal submissions, such as TIV, Square Footage, COPE information, or other such asset and exposure data. Extended Functionality Licenses License Selected Quantity Description API Access No N/A This license provides access to Origami’s web service REST APIs using calls. Includes access for up to 5,000 calls per day. API calls may be made concurrently, subject to reasonable limitation when needed to preserve system performance. Requires a minimum of five (5) Full Users and/or Claims Adjusting Users. Secure Email No Up to 0 Secure Emails sent per month This license provides secure email functionality, which provides password protected hosting for email communications from and to the Service. OCR Scanning Yes Included This license provides optical character recognition (OCR) functionality for mapping specified data from scanned documents to data fields within the Service. Certificate of Insurance Tracking Yes 5,000 Insureds This license provides certificate of insurance tracking for third party insureds, such as tenants, vendors, contractors or customers. SMS Messaging No 0 SMS Messages (over initial 500) This license provides the ability to send SMS messages as workflow actions within the Service’s administration features. Two Factor Authentication No 0 2FA Messages (over initial 500) This license provides the ability to send SMS and/or email messages to users to validate their identity before logging in from a new device and/or once every 30 days from the same device. Mobile Forms App No Not Included Origami’s Mobile Forms App may be used by any named user for no additional license fee, but service hours are required for configuration. 283 {00517399.2 306-9001821} 20 Mobile Claimant App No Not Included Origami’s Mobile Claimant App may be used by any named user for no additional license fee, but service hours are required for configuration. Requires a minimum of three (3) Claims Adjusting Users. Workers’ Compensation Solutions* No Jurisdictions: None This license includes the following Origami Compliance solutions (this functionality is only available to Claims Adjusting Users): • Automated EDI FROI/SROI State Reporting via Mitchell • Indemnity Benefits Rates • Workers’ Compensation State Forms ODG Integration User* No 0 Users This license provides integration with ODG’s Return to Work guidelines. Only Claims Adjusting Users and Full Users may utilize this feature. This feature queries ODG’s RTW and treatment guidelines based on WC claim diagnosis codes. Tableau* No 0 Users This license allows Origami users to access Tableau within the Origami environment, providing enhanced data visualization. eSignature Integration* No 0 Envelopes This license provides the ability to tag mail merge documents with electronic signature fields, authenticating through a third-party eSignature tool. * By purchasing this license, Client will need to agree to certain vendor terms and conditions to be provided by Origami. License Notes: 1. Origami adds generally available features from time to time that may require configuration prior to use. If Client requests Origami’s assistance in this configuration, Professional Services hours may be applied for any such configuration. 2. In addition to the generally available features, Origami may occasionally deploy new functionality that will require an Extended Functionality License similar to those listed in the Extended Functionality License section above. These features may require additional fees based on record volume, number of additional users accessing the new features, or some other incremental cost driver. Client may agree to add such an Extended Functionality License in a separate Statement of Work. HOSTING Origami will provide data hosting for up to 10,000 claims and incidents. In addition, Origami will provide 50GB of searchable and 100GB of non-searchable file attachment hosting. Additional hosting is available at any time during the term of this SOW as set forth in the Pricing section below. Origami will host the application and data in a secure internet accessible environment. Origami will backup Client data at periodic intervals each day. IMPLEMENTATION PROCESS Implementation is the process of configuring the Service for use by Client including system settings, supporting Client in loading data, training users, and other work identified in this section of the SOW. The implementation phase is completed when Client is able to utilize the Service platform for the purposes described in the Project Scope above, referred to by Origami as being Live in the system. Origami will manage the overall implementation process, including scheduling and leading meetings, communicating with the team, follow up documentation, and maintaining the project schedule through the Go-Live date. Upon Go-Live, Origami will move Client from its staging environment to its live production environment, and continued use of Origami’s staging environment after Go-Live will incur additional hosting fees. Client’s provision of timely and accurate specifications, direction and feedback is essential to the implementation. Origami provides implementation for a fixed price based on reasonable estimates from Client and Client’s continued and uninterrupted effort toward Go-Live. Both parties understand that time is of the essence with regard to the implementation and agree to use reasonable and good faith efforts to promptly complete the implementation. If necessary, Client will be allowed up to one implementation “pause” not to exceed 30 days. Any additional pauses in implementation 284 {00517399.2 306-9001821} 21 or failures to meet the obligations above will result in the conversion of the implementation to a time and expense engagement, effective upon email notice from Origami to Client and billed monthly as incurred at Origami’s bundled hourly rate set forth below after crediting Client for any remaining unused portion of the fixed price. Origami may pause and reallocate its resources as reasonable in the event of significant delays. System Configuration Origami will: • Develop the incident forms for Workers’ Compensation, General Liability, Auto Liability, Auto Physical Damage, Law Enforcement Liability, Employment Related Practices Liability, Public Officials Liability, Environmental Liability, Errors & Omissions, Public Arts & City Owned Property Damage/Loss • Mirror the incident forms to claim forms for Workers’ Compensation, General Liability, Auto Liability, Auto Physical Damage, Law Enforcement Liability, Employment Related Practices Liability, Public Officials Liability, Environmental Liability, Errors & Omissions, Public Arts & City Owned Property Damage/Loss • Provide Origami’s dashboard functionality and configure 1 default dashboard using standard Origami dashboard widgets. • Provide Origami’s standard report templates and access to Origami’s ad-hoc report writer. Origami to configure up to 5 reports using standard Origami RMIS templates and/or the custom template design tool. • Configure up to 5 mail merge/forms or letters • Deploy Origami’s standard list of audits, checklists and inspections • Perform a one-time import of Client’s physical locations • Configure up to 12 data entry events (workflow logic) with corresponding system actions • Configure up to 5 Certificate Insured Profiles and configure the vendor screen details to collect the desired datapoints on Client’s vendor contact and organization details • Spend up to 12 hours configuring values/exposures that Client would like to track/manage in the system • Configure up to 2 User Security Profiles • Configure 1 Cost of Risk Allocation (see section below for further details on Allocation setup) • Deploy Origami’s RMIS standard out of the box solutions (with no client specific configuration needed) of: o Policy Management o Contact Management o Employee Management o Location Management o Property/Exposure & Asset Management o Total Cost of Risk (TCOR) o Basic Claims Management to include claim notes, tasks/diaries, emails, logging of payments made outside the system (no Claims Administration functionality needed) o Fleet/Vehicle Management o Weather Event Monitoring for Crisis Management Client will: • Provide specifications, direction, and feedback as needed by Origami in a timely manner. • Configure additional default dashboards, fields, forms, user roles, distribution lists, reports and other features as needed by Client. Convert Legacy System – Microsoft Excel Spreadsheets and/or Laserfiche document content Origami will spend up to fifty (50) hours performing data work & data import related to importing Client’s data from the currently utilized Microsoft Excel spreadsheets and/or document imports from Laserfiche. Client will securely provide the Excel files and desired attachments to associate to system records to Origami and provide feedback to support Origami’s interpretation of the data for data improvements and import process. Origami will: • Provide up to 50 hours of data support, conversion and import. 285 {00517399.2 306-9001821} 22 • Convert the legacy data and import into the Service. • Provide Client with a means by which to securely transfer the spreadsheets to Origami Client will: • Encrypt and securely provide the Excel spreadsheets to Origami • Provide prioritization and data that Client would like to import into the system • Provide support for any questions and data confirmations/corrections Origami may need/have related to missing or incorrect data Loading Carrier / TPA Claims Data for Data Processing Origami will: • Provide Client with text for data request letters suitable for requesting necessary data from each of the sources named below. o TriStar (WC TPA) : Claims Only feed (no individual Financial Transactions nor Adjuster Notes) processed daily o Commercial Risk Management (TPA for Liability & Property Claims) : Claims Only feed (no individual Financial Transactions nor Adjuster Notes) processed weekly • Convert and load the initial system data from the sources named above Client will: • Arrange for Claims Only feed (no individual Financial Transactions nor Adjuster Notes) data to be sent to Origami from TriStar • Arrange for Claims Only feed (no individual Financial Transactions nor Adjuster Notes) data to be sent to Origami from Commercial Risk Management Configuring Automated Interfaces, Imports & Extracts To / From 3rd Party Systems There are no interfaces or feeds to/from other systems nor exports to TPAs/Carriers or other vendors included in this SOW Configuration of Incident Intake Process Origami will: • Configure the Enterprise Portal Data Entry Screens to accurately mirror Client’s existing process (with below improvements) • Build the workflow in the Service for proper email notification, mail merge document distribution and task creation according to Client’s business rules. Client will: • Provide screen shots of existing intake forms currently in use. • Work with Origami to identify opportunities to improve on current intake forms and process. • Specify the workflows and individuals required for event triggered emails, tasks and mail merge Configuration of Allocations Client has no allocation program/methodology today but will be using Origami to setup a basic allocation methodology. Origami will provide up to 8 hours of work/support to produce a standard allocation for Client Origami will: • Configure a list of cost elements within the system utilizing standard tools and the information provided by Client below. • Build a single allocation formula within the standard Allocation tools utilizing the information provided by Client below. 286 {00517399.2 306-9001821} 23 Client will: • Provide a list of cost elements to be allocated. • For each cost element above, provide documented explanation of the formula for allocation Training Origami will: • Provide 20 hours of training to Client in year 1 of this SOW and provide additional training each subsequent year as needed. Professional Service hours will be eroded for training in future years. Training will be provided at Client offices or online at Client’s request. Training can be provided in one session or several on mutual agreement between Client and Origami. Travel & Expenses associated with any on-site training will be pre- approved by Client and billed as incurred. • Provide Origami’s standard help functionality in the application and up to 8 hours of training plans and materials production Client will: • Provide Origami with guidance about the employees to be trained and any training requirements or a preferred approach. • If training is to be provided in Client office, provide appropriate meeting space and internet access so Origami can perform the training and also provide for transportation and other expenses for Client employees who attend the training. PROJECT MANAGEMENT OPTION SELECTED: Origami is founded on a set of ITERATIVE processes from top to bottom. These contemporary tenets are the foundation of Origami’s ability to deliver better service and faster and more accurate implementations. Origami also maintains a set of best practices, tools and experts for our clients who require a more TRADITIONAL approach to managing their implementation project. The selection below indicates the project management model included within this SOW: This SOW includes: [Included] Iterative Project Management [Not Included] Traditional Project Management Iterative Project Management - Included Origami will: o Schedule and lead initial kickoff call or meeting o Maintain schedule with key deliverables and expected dates o Lead status calls twice per month o Maintain project status document containing priority list, open items and changes which may impact timeline o Coordinate all activity within Origami to complete Origami’s tasks on the project schedule and assign project management as shared role of team members o The Service’s administrative tools and screens serve as documentation of the implementation for Client’s System Administrator to reference. Client will: o Participate in status calls and working meetings o Coordinate all activity within Client’s organization to complete Client’s tasks on the project schedule o Coordinate all activity of Client’s 3rd party providers required to complete tasks on the project schedule Traditional Project Management – Not Included If included, in addition to the responsibilities listed in Iterative Project Management above, Origami will designate a Project Manager to provide a specified number of hours of project management during the Implementation. This Project Manager will (1) manage the Origami tasks listed in Iterative Project Management above, (2) coordinate meetings and 287 {00517399.2 306-9001821} 24 discussions with stakeholders as needed to maintain project progress, and (3) maintain a library of written artifacts and documentation including: o Formal project kickoff agenda o Communication plan o Formal stakeholder analysis o Project charter o Collaboration website o Detailed work breakdown structure o Weekly project status calls, agenda, meeting notes o Detailed issues and risks log o Action items list o Detailed project plan o On site agendas o Change control management o Executive steering committee status call agenda (as needed) o Origami governance decision management document o UAT test plan for critical items (dependent on Client input and test cases provided) o Executive project dashboard o Lessons learned analysis ONGOING SUPPORT After the Implementation is completed or Client is using the Service in production for greater than 30 days, this section of the SOW describes Origami services through the remainder of the term of this SOW. If the parties agree that certain parts of the Service will go Live before others, this section will apply to each part upon going Live. Carrier / TPA Claims Data Ongoing Processing Origami will: Process the claim data updates received from Client data providers as follows: • TriStar (WC TPA) : Claims Only feed (no individual Financial Transactions nor Adjuster Notes) processed daily • Comercial Risk Management : Claims Only feed (no individual Financial Transactions nor Adjuster Notes) processed weekly Client will: • Use tools in the Service to resolve exceptions, if any, such as missing locations, incomplete code maps, and other exceptions, which may occur in the update as a result of data errors or missing data from data providers. • Notify Carrier / TPA of data exceptions when appropriate to have data corrected at source. Maintenance of Automated Interfaces, Imports & Extracts To / From 3rd Party Systems There are no interfaces or feeds to/from other systems nor exports to TPAs/Carriers or other vendors included in this SOW Professional Service Hours This SOW includes up to 30 hours of Professional Services in the first year, up to 30 hours in the second year, and up to 30 hours in the third year. Professional Services include any work performed by Origami professionals on behalf of Client. Examples include: • Helpdesk support for users • Additional user training • General assistance utilizing the Service • Configuration of features for Client’s use • Maintenance of screens and system configurations as workflows evolve • Configuration of customized reports • Maintenance or modification of any import or export scripts • Attendance in meetings • Project management tasks and administration 288 {00517399.2 306-9001821} 25 PRICING AND INVOICE SCHEDULE The price for the licenses and services listed above in this SOW is $115,725 for the first year and $79,750 for year two of this SOW. Exhibit B provides a detailed breakdown of the components of the price. Payment for Year 1 will be invoiced and due upon execution of this SOW. Payments for Year 2 is due annually upfront on the anniversary date of this SOW. If needed, additional services can be purchased through an addendum to this SOW. All fees are subject to state sales tax, where applicable. All travel costs and expenses will be pre-approved by Client in writing and billed to Client as incurred. ADDITIONAL PRICING: 1. If Client requires additional hosting during the term of this SOW, additional hosting fees will apply as follows: - Current annual fee for hosting of up to 10,000 Claims / Incidents = $10,000 - Annual fee for hosting of 10,001-25,000 Claims / Incidents = $15,000 - Current annual hosting fee includes 50GB of searchable File Attachment hosting - Additional searchable File Attachment hosting is $2,500 per 50GB per year - Additional non-searchable File Attachment hosting is $1,000 per 100GB per year 2. Additional Professional Service hours will be invoiced as incurred at Origami’s unbundled rate. Bundled hours (minimum of 10) may be added prior to the start of each contract year at Origami’s bundled rate. 3. Additional users, additional licenses or additional use beyond that which is listed above in the Licenses section of this SOW shall require additional fees. Origami shall invoice Client, and Client shall pay for any additional licenses, hosting, service hours or other usage in excess of what is specified in this SOW. 4. This SOW does not include Enterprise Risk Management (ERM) and Client does not have an active ERM program, although Client has identified a desire and future exploration of possibly electing the ERM license in the future. 289 {00517399.2 306-9001821} 26 STATEMENT OF WORK APPROVAL The undersigned agree to this Statement of Work. ORIGAMI RISK LLC CITY OF BOYNTON BEACH, FLORIDA By: __________________________________ By: __________________________________ Name: _______________________________ Name: _______________________________ (Print Name) (Print Name) Title: ________________________________ Date: ________________________________ Title: _________________________________ Date: ________________________________ 290 {00517399.2 306-9001821} 27 EXHIBIT B PRICING DETAIL Year 1 = $115,725 Year 2 = $79,750 291 {00517399.2 306-9001821} 28 EXHIBIT C SERVICE LEVEL AGREEMENT (SLA) SYSTEM AVAILABILITY Origami Risk will be available 99.5% of the time, excluding unavailability as a result of any Excluded Event (the “Availability Requirement”). This includes holidays, weekends, and non-business hours. It does not include planned downtime. In normal circumstances, Origami Risk will schedule downtime between 8:00 PM CT and 7:00 AM CT. Origami Risk will post system availability statistics quarterly. “Excluded Event” means (i) scheduled maintenance windows of which Client is notified at least 24 hours in advance and which occur outside of normal business hours; (ii) scheduled repairs of not more than two hours duration in any one week period of which Client is notified at least four hours in advance and which occur outside of normal business hours; (iii) critical repairs including security updates where advance notice cannot be reasonably provided; (iv) interruptions caused by transmission errors, Internet service providers, vandalism, user error or other factors beyond Origami’s or its direct service providers’ reasonable control; or (v) interruptions caused by any act or omission of Client (including any employee, contractor, agent, customer, investor, consultant or third party user of Client or any of Client’s affiliates who uses or accesses the service), including any failure or delay in the performance of its obligations or failure of Client’s equipment or non-Origami software. The Availability Requirement applies only to Origami’s production environment and not to Origami’s staging environment. Service Credits: In the event there is a material failure of Origami’s service to meet the Availability Requirement (a “Service Level Failure”) in any calendar month, then Client shall have the following sole and exclusive remedy: Origami will provide Client with a service credit on the next annual invoice equal to the pro-rated charges for one (1) full day of the affected services (i.e., 1/30 of the monthly fee, assuming a thirty (30) day month) for each day during which there was a Service Level Failure in such calendar month (a “Service Credit”). For clarity, such Service Credit shall not include credit for hosting fees, data processing fees, professional services fees or any other prepaid bundled fees other than licensing fees. If Client believes that it is entitled to receive Service Credits, Client shall notify Origami in writing within seven business days after the applicable calendar month with a description of the Service Level Failure and the date and time of such Service Level Failure. If Client does not notify Origami within such timeframe, then Client shall be deemed to have waived all claims with respect to such Service Level Failure (but not to any future Service Level Failure). Origami will make all determinations regarding Service Credits in its reasonable discretion. For any given month, Client shall in no event be entitled to receive a Service Credit that exceeds 100% of its monthly license fees for such month. Client agrees that Service Credits are the sole and exclusive remedy for any Service Level Failure. BACKUP AND RECOVERY Origami currently backs up transactions every 15 minutes via incremental backups. A differential database backup is performed nightly and a full backup is performed weekly. Backups are stored off site via Amazon S3, which has multiple redundancy and 99.999999999% durability and 99.99% availability of objects over a given year. Periodic database restore tests are performed to validate that backups are valid. Origami retains weekly backups for a minimum of six months. NOTICES Two email subscription options are available to each Origami Risk user. These determine the type of communication that they will receive from Origami Risk. 292 {00517399.2 306-9001821} 29 • Emergency: Receive emails concerning outages and other system problems • Maintenance: Receive emails concerning scheduled maintenance on the system. In addition, any Origami Risk user can visit http://status.origamirisk.com/ to view the current system status. SERVICE REQUESTS Origami Risk will respond to service related incidents or issues within the following time frames: Urgent Requests An urgent request for service concerns a new development that significantly affects a major business task with no workaround. Client will request urgent support by sending an email to support@origamirisk.com with the word “Urgent” in the subject line. An urgent request made between 7:00 AM CT and 8:00 PM CT will typically be responded to immediately, and Client may also call any member of the Origami Risk support team directly. If Client does not receive a prompt response, Client may escalate by contacting any Origami Risk service or support employee or manager via contact information provided to Client. The target resolution time for an urgent issue is as soon as possible. Normal Requests A normal request for service is any service request that is not urgent. A normal service request will typically be responded to within one business day. Client will request support by sending an email to support@origamirisk.com. Client may also call or email any member of the Origami Risk support team directly. SECURITY Any access to Origami Risk requires a unique user id and password. Passwords must adhere to standard password security rules including minimum length and complexity. Origami Risk uses a role-based security model. Client is responsible for assigning and maintaining role, location, and coverage security for users. Client’s system administrators can use the tools in Origami Risk to review and change security rights, edit the user profile, and reset the password. User passwords are encrypted in the Origami database using a SHA-256 hash algorithm. System locks out user after five login attempts with an incorrect password. An administrative user must then reset the user’s password and unlock the user account. Origami Risk uses TLS v1.2 or higher for all communications over https. Origami databases are fully encrypted using 256-bit AES encryption. Claim, Transaction, and Notes data sent to the Origami Risk SFTP site must be encrypted using at least 128 bits. Origami uses Open PGP for file encryption and can provide an encryption key to be used by the client. Origami Risk will keep the files on a secured files system in encrypted format except during the import process. When the import process is completed, unencrypted files are removed from the system. 293 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-196- Approve a Third Amendment to the Interlocal agreement between The City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the improvements to the Historic Woman's Club of Boynton Beach. Requested Action: Staff recommends approval of Proposed Resolution No. R24-196. Explanation of Request: On February 11, 2021 the City and the CRA entered into an Interlocal Agreement (ILA) for the transfer to ownership and funding of certain improvements, operations, and maintenance of the Historic Woman's Club of Boynton Beach (HWCBB), located at 1010 S. Federal Highway, Boynton Beach, FL, which is listed on the National Register of Historic Places. Basic Terms of the ILA: CRA Funding $750,000.00 - R21-021 - Improvements and Maintenance ($250,000.00 annually per three (3) years). CRA Funding $87,000 - R21-047 - Professional Design Services. Funding to be used for professional design services, maintenance\operation, construction costs for physical improvements, ADA accessibility, historic preservation, health & safety codes, and pedestrian access between the parking area and the HWCBB. Effective date: February 11, 2021. The current termination date is September 30, 2024, this amendment will extend the ILA to September 30, 2025, concurrently with the City and CRA's fiscal years. The City is requesting additional funding of $250,000 be added to the Interlocal Agreement for a maximum total of $1,000,000. Funding is issued upon the City's written request for reimbursement along with required documentation. How will this affect city programs or services? This project will enhance the CRA area. Upgrades will allow the City to expand its cultural, educational, and recreation programs, as well as expand the type and scope of rental facilities for City residents and public use, attracting new events and exhibits and increasing the facility rentals. Fiscal Impact: This is a budgeted item - Reimbursed by the CRA. 294 Attachments: R24-196 Agenda_Item_1981- 2023_Third_Amendment_to_Historic_Womens_CRA_Interlocal.docx Exhibit A to Resolution - Third Amendment to ILA for HWCBB-approved by LLW & City w Exhibits.pdf Copy of CRA WC - Statement.xlsx R24-114 Second Amendment to ILA with CRA for HWCBB.pdf R21-021.pdf R21-047.pdf 295 RESOLUTION NO. R24-1961 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO THE INTERLOCAL 4 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF 5 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE6 IMPROVEMENTS TO THE HISTORIC WOMAN'S CLUB OF BOYNTON BEACH 7 LOCATED AT 1010 S. FEDERAL HIGHWAY; PROVIDING AN EFFECTIVE DATE; 8 AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS,on February 11, 2021, the City of Boynton Beach and the City of Boynton Beach 11 Community Redevelopment (CRA) entered into an Interlocal Agreement for the transfer of 12 ownership and funding of certain improvements, operations, and maintenance of the Historic 13 Women's Club of Boynton Beach, located on 1010 South Federal Highway, Boynton Beach, Florida 14 which is listed on the National Register of Historic Places, approved by Resolution No. R21-021 15 on February 2, 2021; and16 WHEREAS,on February 6, 2024, the parties entered into a First Amendment extending 17 the Term of the Agreement through September 30, 2024, approved by Resolution No. R24-021 18 on February 6, 2024; and 19 WHEREAS, on June 2, 2024, the parties entered into a Second Amendment for the transfer 20 of the property located at 1010 South Federal Highway, Boynton Beach, FL, to the City of Boynton 21 Beach and the funding of certain improvements, operations, and maintenance thereon, to allow 22 design fees to be an eligible expense and to permit the reimbursement of certain eligible expenses 23 by waiving the time period in which the City may request reimbursement; and24 WHEREAS, through an email dated March 13, 2024, the City has requested that the 25 additional funding of $250,000 be added to the Interlocal Agreement for a maximum total of 26 $1,000,000.00; and 27 WHEREAS,the Agreement, as amended, is set to terminate on September 30, 2024; and 28 WHEREAS,the Parties desire to extend the termination date of the Agreement subject to 29 the terms of this Third Amendment; and 30 WHEREAS,the CRA Board finds that this Third Amendment is consistent with the CRA’s 31 Redevelopment Plan and Chapter 163, Florida Statutes; and32 296 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 33 the best interests of the citizens and residents of the City to approve the Second Amendment to 34 the Interlocal Agreement Between the City of Boynton Beach and the Boynton Beach Community 35 Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, 36 Boynton Beach, Florida to the City of Boynton Beach and the Funding of Certain Improvements, 37 Operations, and Maintenance Thereon.38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 40 BEACH, FLORIDA, THAT:41 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 42 being true and correct and are hereby made a specific part of this Resolution upon adoption.43 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 44 approve a Third Amendment to the Interlocal Agreement Between the City of Boynton Beach and 45 the Boynton Beach Community Redevelopment Agency for the Transfer of the Property Located 46 at 1010 South Federal Highway, Boynton Beach, Florida to the City of Boynton Beach and the 47 Funding of Certain Improvements, Operations, and Maintenance Thereon, between Boynton 48 Beach Community Redevelopment Agency and the City, in form and substance similar to that 49 attached as “Exhibit A.” 50 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 51 authorizes the Mayor to execute the Third Amendment and such other related documents as may 52 be necessary to accomplish the purpose of this Resolution.53 SECTION 4.Upon execution by all parties, the City Clerk is hereby directed to file the 54 fully-executed original Amendment with the Clerk of the Circuit Court of Palm Beach County, 55 Florida, as required by Section 163.01(11), Florida Statutes, for interlocal agreements.56 SECTION 5.This Resolution shall take effect in accordance with law.57 58 [signatures on following page]59 60 297 PASSED AND ADOPTED this _________ day of _____________________________ 2024.61 CITY OF BOYNTON BEACH, FLORIDA62 YES NO63 Mayor – Ty Penserga __________64 65 Vice Mayor – Aimee Kelley __________66 67 Commissioner – Angela Cruz __________68 69 Commissioner – Woodrow L. Hay __________70 71 Commissioner – Thomas Turkin __________72 73 VOTE ______74 ATTEST:75 76 ___________________________________________________________77 Maylee De Jesús, MPA, MMC Ty Penserga78 City Clerk Mayor79 80 APPROVED AS TO FORM:81 (Corporate Seal)82 83 _______________________________84 Shawna G. Lamb85 City Attorney86 298 THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THEREON. This THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THEREON (“Third Amendment”) is entered into by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation (“City”), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (“CRA”), (individually a “Party” and collectively, the “Parties”). RECITALS WHEREAS, on February 11, 2021, the Parties previously entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THEREON (“Agreement”), a copy of which is attached hereto as Exhibit “A;” and WHEREAS, on February 6, 2024, the Parties entered into the FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THEREON (“First Amendment”), a copy of which is attached hereto as Exhibit “B,” to extend the termination date of the Interlocal Agreement to September 30, 2024; and WHEREAS, on June 2, 2024, the Parties entered into the SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THEREON (“Second Amendment”), a copy of which is attached hereto as Exhibit “C,” to allow design fees to be an eligible expense and to permit the reimbursement of certain eligible expenses by waiving the time period in which the City may request reimbursement; and 299 WHEREAS, through an email dated March 13, 2024, a copy of which is attached as Exhibit “D,” the City has requested that the additional funding of $250,000 be added to the Interlocal Agreement for a maximum total of $1,000,000.00; and WHEREAS, the Agreement, as amended, is set to terminate on September 30, 2024; and WHEREAS, the Parties desire to extend the termination date of the Agreement subject to the terms of this Third Amendment; and WHEREAS, the CRA Board finds that this Third Amendment is consistent with the CRA’s Redevelopment Plan and Chapter 163, Florida Statutes; and NOW THEREFORE, in consideration of the promises contained herein and in the Interlocal Agreement, the sufficiency of which both Parties hereby acknowledge: 1) Incorporation. The recitals and other information above are hereby incorporated herein as if fully set forth. 2) Definitions. All words not defined herein shall have the same meaning as in the Interlocal Agreement. To the extent of a conflict, the definitions in this Third Amendment shall control for the amendments to the Interlocal Agreement contained herein. 3) Amendment Style. Amendments to the Interlocal Agreement are shown as follows: additions are shown in underlined format; deletions are shown in strikethrough format. 4) Amendment. Paragraph 2.a. of the Interlocal Agreement is amended as follows: a. The CRA shall provide funding to the CITY in an amount not to exceed Two Hundred Fifty Thousand and 00/100 Dollars ($250,000) annually (for a maximum total of $750,000 $1,000,000) to be used only for reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only direct expenses for materials, labor, construction, and equipment costs associated with the Project for the physical operation and maintenance of the Property (the term “Property” includes the HWCBB), and expenses associated with the design, construction, and installation of physical improvements related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB, shall be considered eligible expenses. CITY overhead, CITY administrative costs, payments to CITY employees, and any payoffs required by the applicable restrictive covenants are not eligible expenses. 5) Term of the Agreement. The term of the Agreement is hereby amended such that Agreement shall terminate September 30, 2025. 6) Effective Date of this Amendment. This Third Amendment will become effective at the date and time that the last party signs below. 7) General. The parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this Third Amendment shall continue in full 300 force and effect. This Third Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement, as amended, and this Third Amendment, this Third Amendment shall control. IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation ___________________________ By:__________________________ Maylee De Jesus, CITY Clerk Ty Penserga, Mayor Approved as to Form: Date:_________________________ (SEAL) ____________________________ Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ___________________________ By:_____________________________ Office of the CRA Attorney Ty Penserga, Chair Date:_________________________ 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 31 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 32 Agency for the improvements to the Historic Woman's Club of Boynton Beach. A copy of the 33 First Amendment is attached hereto and incorporated herein as Exhibit "A." 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 6th day of February, 2024. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Vice Mayor—Thomas Turkin 42 43 Commissioner—Angela Cruz 44 45 Commissioner—Woodrow L. Hay 46 47 Commissioner—Aimee Kelley 48 49 VOTE 5-0 50 51 ATT T: 52 53 54 1 O 55 Mayle;• i- Jesus, M' MMC T "- 56 City C -r Ma • 57 pYNTpN 58 p ;G RPORgTF. F APPROVED AS TO FORM: 59 (Corporate Seal) 60 SEAL INCORPORATED; xim661441920 62 A • Shawna G. Lamb 63 FLOR;r• City Attorney S:\CC\WP\CCAGENDA\2024\02-06-2024 CC\R24-02 I First_Amendment To ILA With CRA For HWCBB - Reso I .Docx 316 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS,AND MAINTENANCE THERON. This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH,FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON ("First Amendment") is entered into by and between the CITY OF BOYNTON BEACH,a Florida Municipal Corporation,("CITY"),and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively, the"Parties"). RECITALS WHEREAS, the Parties entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON ("Agreement") on February 11, 2021; and WHEREAS, the Agreement is set to terminate on February 11, 2024; and WHEREAS,the Parties desire to extend the termination date of the Agreement subject to the terms of this First Amendment. NOW THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration,the receipt and sufficiency of where are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Term of the Agreement. The term of the Agreement is hereby amended such that Agreement shall terminate September 30, 2024. 4870-0623-0420,v. 1 317 3) Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs below. 4) The Parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this First Amendment shall continue in full force and effect. 5) This First Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original.To the extent of any conflict between the Agreement and this First Amendment,this First Amendment shall control. IN WITNESS OF THE FOREGOING,the parties hereto have caused this First Amendment to be executed on the day and year written below. Approved as to Form:BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Ty Pe ser (MCRA C 1a'- Date: / Approved as to Form:CITY OF BOYNTON BEACH By: Office of the CITY Attorney Ty Penserga, Mayor Date: 4870-0623-0420,v.1 318 3) Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs below. 4) The Parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this First Amendment shall continue in full force and effect. 5) This First Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original.To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. IN WITNESS OF THE FOREGOING, the parties hereto have caused this First Amendment to be executed on the day and year written below. Approved as to Form:BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Ty Penserga, CRA Chair Date: Approved as to Form:CITY OF BOYNTON BEACH 14a1V44 By: Office of the CITY Attorney Ty Pen - yor Date: w) kQ 4870-0623-0420,v. 1 319 320 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 35 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 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 39 approve a Second Amendment to the Interlocal Agreement Between the City of Boynton Beach 40 and the Boynton Beach Community Redevelopment Agency for the Transfer of the Property 41 Located at 1010 South Federal Highway, Boynton Beach, Florida to the City of Boynton Beach and 42 the Funding of Certain Improvements, Operations, and Maintenance Thereon, between Boynton 43 Beach Community Redevelopment Agency and the City, in form and substance similar to that 44 attached as "Exhibit A". 45 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 46 authorizes the Mayor to execute the Second Amendment and such other related documents as 47 may be necessary to accomplish the purpose of this Resolution. 48 SECTION 4. Upon execution by all parties, the City Clerk is hereby directed to file the 49 fully-executed original Amendment with the Clerk of the Circuit Court of Palm Beach County, 50 Florida, as required by Section 163.01(11), Florida Statutes, for interlocal agreements. 51 SECTION 5. This Resolution shall take effect in accordance with law. 52 53 54 55 56 signatures on following page] 57 58 59 60 321 61 PASSED AND ADOPTED this 21St day of May 2024. 62 CITY OF BOYNTON BEACH, FLORIDA 63 YES, NO 64 Mayor-Ty Penserga 65 66 Vice Mayor-Aimee Kelley 67 68 Commissioner-Angela Cruz 69 70 Commissioner-Woodrow L. Hay 71 72 Commissioner-Thomas Turkin 73 74 VOTE 5-C) 75 A ' E : 76 0 77 I-A 1 • 40111L.' 78 Maylee I- us, MPA, MC Ty Pens- • 79 City CleMa • 80 1A`'.•••....•• 1. 81 Oi QpRATE •..S' 'i, AP'ROVED AS TO FORM: ty82 (Corporate Seal) o.0 I 83 P 84 toto v• SGo 420:• i r L/ 1 85 It ••'•••...••••-R. % Shawna G. Lamb 86 City Attorney 322 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS,AND MAINTENANCE THEREON. This Second Amendment to the Interlocal Agreement between the City Of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, Boynton Beach, FL to the City of Boynton Beach and the Funding of Certain Improvements, Operations, and Maintenance Thereon ("Second Amendment") is entered into by and between the City Of Boynton Beach, a Florida Municipal Corporation ("City"), and the Boynton Beach Community Redevelopment Agency ("CRA"), individually a"Party"and collectively, the"Parties"). RECITALS WHEREAS, on February 11, 2021, the Parties previously entered into the Interlocal Agreement Between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, Boynton Beach, FL to the City of Boynton Beach and the Funding of Certain Improvements, Operations, and Maintenance Thereon("Agreement"), a copy of which is attached hereto as Exhibit"A;"and WHEREAS,on December 14,2023,the Parties entered into the First Amendment to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, Boynton Beach, FL to the City of Boynton Beach and the Funding of Certain Improvements, Operations,and Maintenance Thereon("First Amendment"),a copy of which is attached hereto as Exhibit "B," to extend the termination date of the Interlocal Agreement to September 30, 2024; and WHEREAS, the Agreement as Amended by the First Amendment is hereinafter referred to as the Interlocal Agreement;" and WHEREAS, the Parties desire to amend the Interlocal Agreement to allow design fees to be an eligible expense; and WHEREAS, under Section 12 of the Interlocal Agreement, no party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties; and WHEREAS, through the letter dated February 21, 2024, ("Waiver Request Letter"), a copy of which is attached as Exhibit "C," the City has requested and the CRA desires to amend the Interlocal Agreement to permit the reimbursement of certain eligible expenses by waiving the time period in which the City may request reimbursement; and WHEREAS, the CRA Board finds that this Second Amendment is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; NOW THEREFORE, in consideration of the promises contained herein and in the Interlocal Agreement,the sufficiency of which both Parties hereby acknowledge: 4885-1849-8231, v. 1 323 1) Incorporation.The recitals and other information above are hereby incorporated herein as if fully set forth. 2) Definitions.All words not defined herein shall have the same meaning as in the Interlocal Agreement. To the extent of a conflict, the definitions in this Second Amendment shall control for the amendments to the Interlocal Agreement contained herein. 3) Amendment Style. Amendments to the Interlocal Agreement are shown as follows: additions are shown in underlined format; deletions are shown in 4) Amendment. Paragraph 2.a. of the Interlocal Agreement is amended as follows: a. The CRA shall provide funding to the CITY in an amount not to exceed Two Hundred Fifty Thousand and 00/100 Dollars ($250,000) annually(for a maximum total of$750,000) to be used only for reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only direct expenses for materials,labor,construction,and equipment costs associated with the Project for the physical operation and maintenance of the Property (the term Property" includes the HWCBB), and expenses associated with the design, construction and installation of physical improvements related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB, shall be considered eligible expenses. CITY overhead,CITY administrative costs,payments to CITY employees, and any payoffs required by the applicable restrictive covenants are not eligible expenses. 5) Waiver.Under Section 12 of the Agreement,no Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Pursuant Section 12, the Parties hereby agree to waive the reimbursement requirements concerning the timing of the Reimbursement Requests as described in Section 4.a. of the Interlocal Agreement for CRA PO #1968 and CRA PO 2026, which are referenced in the February 21, 2024, Waiver Request letter, copies of which are attached hereto as Composite Exhibit"D." 6) Effective Date of this Amendment.This Second Amendment will become effective at the date and time that the last party signs below. 7) General.The parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this Second Amendment shall continue in full force and effect.This Second Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this Second Amendment, this Second Amendment shall control. 4885-1849-8231,v. 1 324 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. AT '- T: CITY OF BOYNTON BEACH, a Florida municipal corAllb ation t !I a By: Maylee O ee us, Cit, Clerk Ty Penserga, 'ir'or Appro' as to Form: ON B ..% Date: G L 742 f( 1\1\)o'N•'ATE''•q,' '1 (SEAL) U Q •QOR 1IVVV O ice of the City Attorn:f r 0% p # 10)2 Approved as to Form:43CL ' BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Ty Penserga, Chair Date: 4885-1849-8231,v. 1 325 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Air Maylee De Jesus, CITY Clerk Ty Pen A !raycrr' Approved as to Form: Date: SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: ri) AZce of t e CRA Attorney Ty Penser r 11 Date: 4885-1849-8231,v 1 326 327 328 329 330 331 332 333 334 335 336 337 CRA Statement Issued PO 1925 87,000.00$ PO 1968 250,000.00$ PO 2026 250,000.00$ PO 2067 250,000.00$ PO 2067 - Add 250,000.00$ Totals 1,087,000.00$ 338 Reimbursed Balance Incoming Estimated 87,000.00$ -$ -$ 250,000.00$ -$ -$ 106,842.71$ 143,157.29$ 140,740.00$ 2,417.29$ AC 7,937.09$ 242,062.91$ 417,948.95$ (175,886.04)$ Crosswalk 250,000.00$ 250,000.00$ 451,779.80$ 635,220.20$ 558,688.95$ 76,531.25$ 339 RESOLUTION NO. R24-114 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE 5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 6 THE CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 7 FOR THE IMPROVEMENTS TO THE HISTORIC WOMAN'S CLUB OF BOYNTON 8 BEACH LOCATED AT 1010 S. FEDERAL HIGHWAY;PROVIDING AN EFFECTIVE 9 DATE; AND FOR ALL OTHER PURPOSES. 10 11 WHEREAS, on February 11, 2021,the City of Boynton Beach and the City of Boynton Beach 12 Community Redevelopment (CRA) entered into an Interlocal Agreement for the transfer of 13 ownership and funding of certain improvements, operations, and maintenance of the Historic 14 Women's Club of Boynton Beach, located on 1010 South Federal Highway, Boynton Beach, Florida 15 which is listed on the National Register of Historic Places, approved by Resolution No. R21-021 16 on February 2, 2021; and 17 WHEREAS, on February 6, 2024, the parties entered into a First Amendment extending 18 the Term of the Agreement through September 30, 2024, approved by Resolution No. R24-021 19 on February 6, 2024; and 20 WHEREAS, on April 9, 2024, the CRA Board approved the City's request for waivers to the 21 Interlocal Agreement. The CRA Board approved the following waivers: Waive the time period in 22 which the City may request reimbursement, and Amend the Interlocal Agreement to include 23 design fees per CRA Board direction; and 24 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 25 the best interests of the citizens and residents of the City to approve the Second Amendment to 26 the Interlocal Agreement Between the City of Boynton Beach and the Boynton Beach Community 27 Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, 28 Boynton Beach, Florida to the City of Boynton Beach and the Funding of Certain Improvements, 29 Operations, and Maintenance Thereon. 30 31 32 33 340 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 35 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 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 39 approve a Second Amendment to the Interlocal Agreement Between the City of Boynton Beach 40 and the Boynton Beach Community Redevelopment Agency for the Transfer of the Property 41 Located at 1010 South Federal Highway, Boynton Beach, Florida to the City of Boynton Beach and 42 the Funding of Certain Improvements, Operations, and Maintenance Thereon, between Boynton 43 Beach Community Redevelopment Agency and the City, in form and substance similar to that 44 attached as "Exhibit A". 45 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 46 authorizes the Mayor to execute the Second Amendment and such other related documents as 47 may be necessary to accomplish the purpose of this Resolution. 48 SECTION 4. Upon execution by all parties, the City Clerk is hereby directed to file the 49 fully-executed original Amendment with the Clerk of the Circuit Court of Palm Beach County, 50 Florida, as required by Section 163.01(11), Florida Statutes, for interlocal agreements. 51 SECTION 5. This Resolution shall take effect in accordance with law. 52 53 54 55 56 signatures on following page] 57 58 59 60 341 61 PASSED AND ADOPTED this 21St day of May 2024. 62 CITY OF BOYNTON BEACH, FLORIDA 63 YES, NO 64 Mayor-Ty Penserga 65 66 Vice Mayor-Aimee Kelley 67 68 Commissioner-Angela Cruz 69 70 Commissioner-Woodrow L. Hay 71 72 Commissioner-Thomas Turkin 73 74 VOTE 5-C) 75 A ' E : 76 0 77 I-A 1 • 40111L.' 78 Maylee I- us, MPA, MC Ty Pens- • 79 City CleMa • 80 1A`'.•••....•• 1. 81 Oi QpRATE •..S' 'i, AP'ROVED AS TO FORM: ty82 (Corporate Seal) o.0 I 83 P 84 toto v• SGo 420:• i r L/ 1 85 It ••'•••...••••-R. % Shawna G. Lamb 86 City Attorney 342 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS,AND MAINTENANCE THEREON. This Second Amendment to the Interlocal Agreement between the City Of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, Boynton Beach, FL to the City of Boynton Beach and the Funding of Certain Improvements, Operations, and Maintenance Thereon ("Second Amendment") is entered into by and between the City Of Boynton Beach, a Florida Municipal Corporation ("City"), and the Boynton Beach Community Redevelopment Agency ("CRA"), individually a"Party"and collectively, the"Parties"). RECITALS WHEREAS, on February 11, 2021, the Parties previously entered into the Interlocal Agreement Between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, Boynton Beach, FL to the City of Boynton Beach and the Funding of Certain Improvements, Operations, and Maintenance Thereon("Agreement"), a copy of which is attached hereto as Exhibit"A;"and WHEREAS,on December 14,2023,the Parties entered into the First Amendment to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Transfer of the Property Located at 1010 South Federal Highway, Boynton Beach, FL to the City of Boynton Beach and the Funding of Certain Improvements, Operations,and Maintenance Thereon("First Amendment"),a copy of which is attached hereto as Exhibit "B," to extend the termination date of the Interlocal Agreement to September 30, 2024; and WHEREAS, the Agreement as Amended by the First Amendment is hereinafter referred to as the Interlocal Agreement;" and WHEREAS, the Parties desire to amend the Interlocal Agreement to allow design fees to be an eligible expense; and WHEREAS, under Section 12 of the Interlocal Agreement, no party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties; and WHEREAS, through the letter dated February 21, 2024, ("Waiver Request Letter"), a copy of which is attached as Exhibit "C," the City has requested and the CRA desires to amend the Interlocal Agreement to permit the reimbursement of certain eligible expenses by waiving the time period in which the City may request reimbursement; and WHEREAS, the CRA Board finds that this Second Amendment is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; NOW THEREFORE, in consideration of the promises contained herein and in the Interlocal Agreement,the sufficiency of which both Parties hereby acknowledge: 4885-1849-8231, v. 1 343 1) Incorporation.The recitals and other information above are hereby incorporated herein as if fully set forth. 2) Definitions.All words not defined herein shall have the same meaning as in the Interlocal Agreement. To the extent of a conflict, the definitions in this Second Amendment shall control for the amendments to the Interlocal Agreement contained herein. 3) Amendment Style. Amendments to the Interlocal Agreement are shown as follows: additions are shown in underlined format; deletions are shown in 4) Amendment. Paragraph 2.a. of the Interlocal Agreement is amended as follows: a. The CRA shall provide funding to the CITY in an amount not to exceed Two Hundred Fifty Thousand and 00/100 Dollars ($250,000) annually(for a maximum total of$750,000) to be used only for reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only direct expenses for materials,labor,construction,and equipment costs associated with the Project for the physical operation and maintenance of the Property (the term Property" includes the HWCBB), and expenses associated with the design, construction and installation of physical improvements related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB, shall be considered eligible expenses. CITY overhead,CITY administrative costs,payments to CITY employees, and any payoffs required by the applicable restrictive covenants are not eligible expenses. 5) Waiver.Under Section 12 of the Agreement,no Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Pursuant Section 12, the Parties hereby agree to waive the reimbursement requirements concerning the timing of the Reimbursement Requests as described in Section 4.a. of the Interlocal Agreement for CRA PO #1968 and CRA PO 2026, which are referenced in the February 21, 2024, Waiver Request letter, copies of which are attached hereto as Composite Exhibit"D." 6) Effective Date of this Amendment.This Second Amendment will become effective at the date and time that the last party signs below. 7) General.The parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this Second Amendment shall continue in full force and effect.This Second Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this Second Amendment, this Second Amendment shall control. 4885-1849-8231,v. 1 344 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. AT '- T: CITY OF BOYNTON BEACH, a Florida municipal corAllb ation t !I a By: Maylee O ee us, Cit, Clerk Ty Penserga, 'ir'or Appro' as to Form: ON B ..% Date: G L 742 f( 1\1\)o'N•'ATE''•q,' '1 (SEAL) U Q •QOR 1IVVV O ice of the City Attorn:f r 0% p # 10)2 Approved as to Form:43CL ' BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Ty Penserga, Chair Date: 4885-1849-8231,v. 1 345 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Air Maylee De Jesus, CITY Clerk Ty Pen A !raycrr' Approved as to Form: Date: SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: ri) AZce of t e CRA Attorney Ty Penser r 11 Date: 4885-1849-8231,v 1 346 EXhib 1 RESOLUTION NO. RD\ ) 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT AND A PURCHASE AND 5 SALE AGREEMENT BETWEEN THE CITY OF BOYNTON 6 BEACH AND THE BOYNTON BEACH COMMUNITY 7 REDEVELOPMENT AGENCY FOR THE HISTORIC WOMEN'S 8 CLUB OF BOYNTON BEACH; AND PROVIDING AN 9 EFFECTIVE DATE. 10 WHEREAS, The Boynton Beach Community Redevelopment Agency (CRA) has 11 owned, maintained and operated the Historic Women's Club of Boynton Beach located at 1010 12 S. Federal Highway since 2017; and 13 WHEREAS, in order to remain consistent with the CRA's statutory mandates, the City 14 of Boynton Beach (City) and the CRA are proposing to transfer the ownership, maintenance 15 and operation of the property from the CRA to the City; and 16 WHEREAS, on January 12, 2021 the Boynton Beach CRA approved the Interlocal 17 Agreement between the City of Boynton Beach and the CRA; 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 and 20 authorize the Mayor to sign an Interlocal Agreement and a Purchase and Sale Agreement with 21 the Boynton Beach Community Redevelopment Agency for the Historic Women's Club of 22 Boynton Beach. Both final Agreements shall be in a form acceptable to the City Attorney. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and incorporated 26 herein by this reference. S:\CA\RESO\Agreements\ILA And Purchase Agreement With CRA For Women's Club-Reso.Docx 347 27 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 28 approve and authorize the Mayor to sign the Interlocal Agreement and the Purchase and Sale 29 Agreement between the City of Boynton Beach and the Boynton Beach Community 30 Redevelopment Agency for the Historic Women's Club of Boynton Beach both of which shall 31 be in a final form acceptable to the City Attorney. A copy of said Interlocal Agreement is 32 attached hereto as Exhibit "A" and a copy of the Purchase and Sale Agreement are attached 33 hereto as Exhibit "B". 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this _a day of February, 2021. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor—Steven B. Grant 41 42 Vice Mayor—Ty Penserga 43 44 Commissioner—Justin Katz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner—Christina L. Romelus N/ 49 50 VOTE 5_0 51 ATTEST: 52 53 54 a-/Y10 /t .Ii Imo' di,Crystal Gibs• , MMC 6 City Clerkt ti Ni . h : 57 i ",, , • '1 58 1,. :<< ; 59 (Corporate Seal) I') 'O t:: } I r' Ail S.CA RESO\Agreements\ILA And Purchase Agreement With CRA For Women's Club-Reso.Docx 348 h & — Uc)( 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH,FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively, the "Parties"). WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, the CRA owns the property within the CRA Area located at 1010 South Federal Highway, Boynton Beach, FL(the "Property") as further described in Exhibit"A," which is hereby incorporated herein; and WHEREAS, the Property contains the Historic Woman's Club of Boynton Beach building("HWCBB"); and WHEREAS, the HWCBB is listed on the National Register of Historic Places; and WHEREAS, the Property is subject to certain restrictive covenants; and WHEREAS, the CITY desires to own the Property and use the HWCBB for proper municipal purposes, specifically, for municipal and cultural purposes and as an events venue available to rent by the general public; and WHEREAS, the use of the Property by the CITY for municipal and cultural purposes and as an events venue supports the goals of the Plan; and WHEREAS, the Property is also located adjacent to 1021 S Federal Highway, Boynton Beach, FL, (the "CITY Parcel") (a description of which is attached hereto as Exhibit "B,"which is hereby incorporated herein), which is owned by the CITY; and WHEREAS, the CITY Parcel contains additional parking critical for continued historic preservation and full use of the Property by the CITY as described above; and WHEREAS, the transfer of this Property to the CITY will further promote the goals and objectives of the CITY; and 01434266-I 1 349 WHEREAS, the CITY will undertake the maintenance and operations of the Property in furtherance of that goal; and WHEREAS, maintenance and operation of the HWCBB requires the additional off-site parking found on the CITY Parcel; and WHEREAS, the CRA desires to provide the CITY with funding for the maintenance and operation of the Property, for a period not to exceed three(3)years from the Effective Date of this Agreement ("Maintenance Period"); and WHEREAS, the CRA further desires to fund various physical improvements to the HWCBB related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB; and WHEREAS, the physical improvements described above and the operations and maintenance of the HWCBB during the Maintenance Period are hereinafter referred to as the Project;"and WHEREAS, the CRA finds the Project will enhance the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended historic preservation of the HWCBB, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, and in particular the CRA Area; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Reimbursement Obligations of the CRA. a.The CRA shall provide funding to the CITY in an amount not to exceed Two Hundred Fifty and 00/100 Dollars ($250,000) annually (for a maximum total of$750,000) to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only direct expenses for materials, labor, construction, and equipment costs associated with the Project for the physical operation and maintenance of the Property (the term "Property" includes 01434266-1 2 350 the HWCBB), and expenses associated with construction and installation of physical improvements related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB, shall be considered eligible expenses. CITY overhead, CITY administrative costs, payment to CITY employees, and any payoffs required by applicable restrictive covenants are not eligible expenses. b. The CRA's obligation to provide funding to the City is contingent upon the inclusion of the funding in the CRA's approved Budget for the fiscal year in which the funds will be disbursed. c.The CRA reimburse the CITY for eligible expenses upon receipt of a written, complete Reimbursement Request from the CITY that meets the requirements of this Agreement as further described below. 3. Obligations of the CITY. a.The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b.As a prerequisite for receiving funding in any given year pursuant to this Agreement, no later than the last day of April every year through the life of this Agreement, the City shall provide the CRA with an Annual Budget Request. The Annual Budget Request shall state the amount of funding the City is requesting the CRA include for the Project in its budget for the subsequent fiscal year. The first Annual Budget Request shall be due on April 30, 2021, for funds to be included in the CRA's Budget for the 2021/2022 fiscal year. Upon receipt of the timely submitted Annual Budget Request, the CRA shall include the funding amount requested in its proposed Budget to be considered for approval by the CRA Board. c.The CITY shall ensure that the Project is accomplished in compliance with the Plan and Florida Statutes. d. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. e.The CITY shall also be responsible for the maintenance of the Property, along with contracting and coordinating with all other entities as necessary to comply with the Secretary of Interior's Standards for the Treatment of Historic Properties, during the term of the Agreement and thereafter. 01434266-I 3 351 f.Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. g.The CITY shall honor all existing rental agreements between the CRA and third parties as of the Effective Date, and shall assume the responsibilities and obligations of the CRA in such agreements. On the Effective Date,the CRA will provide copies of all agreements between the CRA and third parties to the City. 4. Reimbursement of Funds a.The CITY shall provide a written request for reimbursement of funds Reimbursement Request") meeting the requirements of this Agreement to the CRA. In order to be eligible for reimbursement, the Reimbursement Request must be submitted no later than: a. Ninety (90) days after payment by the CITY of funds for which it is seeking reimbursement; b. Forty-five (45) days before the end of the CRA's fiscal year; and c. Forty-five (45) days before this Agreement terminates. b.In order to be deemed a complete Reimbursement Request, the Reimbursement Request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project items for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement; iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement; and v. For any Reimbursement Request submitted after final completion of a physical improvement, evidence of an approved final inspection, or equivalent, and a final report by the CITY detailing at minimum the type improvements, reasons for the improvements, and the associated costs. 01434266-I 4 352 c.Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within ninety (90) days of receipt of the Reimbursement Request. d.If the CITY fails to submit a Reimbursement Request within ninety(90) days after the final completion of any physical improvement, the CITY will no longer be eligible to receive reimbursement for that improvement. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have ninety (90) days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request; however, in no case shall the City submit such documentation later than forty-five (45) days before the end of the CRA's fiscal year. If the CITY fails to provide the documentation required by the CRA within the required time limits, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project,and shall not otherwise be responsible for effectuating the Project or otherwise assisting with the HWCBB. 6. Additional Limitations on Reimbursement Funds. If any portion of the Property ceases to be used for public purposes, or of any portion of the Property is assigned for use to a private or non-profit entity for more than seven calendar days (whether or not such entity pays the CITY rent for such use), then the maintenance and operations costs for that portion of the Property shall not be deemed eligible expenses for the duration of the use by that entity or during such time as the Property is not used for public purposes. The intent of this paragraph is to prevent the use of CRA funds for improving, operating and maintaining any portion of the property for which the primary beneficiary is the entity operating that portion of the property(such as a vendor or service provider) or the customers of that entity, and this paragraph shall be construed in light of this stated intent. 7. Land Transfer. The CRA , upon recommendation of staff,deems it in the best interest of the citizens and residents of the CITY and in furtherance of the Plan to transfer the Property to the U1434206-I 5 353 City. The CRA and the City will negotiate and enter into a separate Purchase and Sale Agreement for a Quit-Claim Deed transferring the Property from the CRA to the CITY. 8. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its 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 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 of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, 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. 9. Term of the Agreement. This Agreement shall become valid and commence upon the date of execution by the last Party to this Agreement ("Effective Date"), and unless earlier terminated pursuant to this Agreement, shall terminate three years from the Effective Date Termination Date"). In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 10. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 11. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 01434266.1 6 354 12. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10)calendar days after receipt of written notice of such default from the other Party,the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 13. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 14. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 15. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 16. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 17. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 01434266-1 7 355 18. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 19. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY:Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody& Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 20. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation,or other entity without first obtaining the written consent of the other Party. 01434266-I 8 356 21. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. 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. 22. Counterparts and Transmission. 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. 23. Survival. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance of the Property, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 24. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. Signatures on following page.] 01474266-I 9 357 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal •. .oration 51-g IP 1 !.1 .IMO, . ii - ° By: Crystal Gibso CITY Cler Steven B. Grant, Mayor illi u Approved//// a to Fo : Date: 7 /I ?ot v e, SEAL) eoY. . Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By:cK/4-1-- Office of the CRA Attorney Steven B. Grant, Chair Date: z7///?Ol 01434266-1 10 358 IN'WITNESS WHEREOF,lc CITY and the CRA ht•mo ha%c rxecutrd ihli Agret.m..c.-ni. as of kw later 0.tle duk.E... fe... ibrth be:1w. ATasi. CITY OF BOYNTON 8LACt1. a Plundzi'nun:rips!oil:rat-aura i .- ....?. -:...'‘..L.Li...,),t'- Crygial rifbFPil- CraTY ClePt_ .., ir B. Utarii,ivlayinI, - - . e '1.. 47App:rwed r3 Fan9 Date: ' fl111tcfki../e 11.- hi,2,....a.,.( S 'Al..) Otic,,-;cif the C:TY Anormy A.rprol Id 1114 t 4}Faun: IMYNT(IN 11E.A.C11 C(}kftift 7N1TYi R EDE.VELOPMENT AGENCY 4. Offrie of the CRA Ationsey Steven B.Gunn,Chair it• n.:•,. tO 359 EXHIBIT "A" CRA-owned Property Information (1010 South Federal Highway, Boynton Beach) Parcel ID Number: 08-43-45-28-24-000-0040 Legal Description: Lots 4, 5, 6, and 7, Parker Estates, according to the Plat thereof as recorded in Plat Book 10, Page 37, Public Records of Palm Beach County, Florida, Less the West 35 Feet thereof for Road Right of Way. Location Map t ' t i A- 4 . r... .Allal I( II Trill 4Icy ' '' R y if ipit r q r: y a C yir Ala jai r. s4 e :.: y'y'a "4'' ''`~~tet! aska At t l 1 01434266.1 360 EXHIBIT "B" CITY-owned Property Information (1021 South Federal Highway, Boynton Beach) Parcel ID Number: 08-43-45-28-24-000-0140 Legal Description: PARCEL I: Lots 14, 15, 16,and 17,PARKER ESTATES,a subdivision of the City of Boynton Beach, Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit court in and for Palm Beach Cunty, Florida, recorded in Plat Book 10, at Page 37. PARCEL II: Lots 1 and 2, Block B,HATHAWAY PARK, a subdivision of the City of Boynton Beach, Florida, according to the Plat thereof on file in the office of the Clerk of Court in and for Palm Beach County, Florida, recorded in Plat Book 13 at Page 17. SUBJECT TO: easements, reservations,restrictions, road-right-of-way of record, if any, and taxes for the year 1998 and thereafter. laic Location Map 3. . 4,4B r rt. f`. an . ...,I " i L,C ` # NUS :q i 4 .,, if i / At; h -.._,. a. - r !• s ,-.. NYS I y ,,,ilk 7 J L. gt rtv.14,,',......,Y,4, ',,,,...*7 1 I ill RejT 1 4 t Ito_rif 1, 43 t+ e1+! O.- I*4 4 f,.-- 1 1, i itc ':- .41., ' wir 64aalift ! Let, r -ti 11 I: ri j''utd _ ,f ,+i K. iii,-?... 01434266 I 7 361 I Z)/ 1 I1 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT is made and entered into as of this lills day of February, 2021 Agreement") by and between the City of Boynton Beach, a Florida municipal corporation, whose post office address is 100 E. Ocean Avenue, Boynton Beach, Florida 33435 (hereinafter referred to as "PURCHASER") and Boynton Beach Community, Redevelopment Agency, a public agenc\ created pursuant to Chapter 163, Part III of the Florida Statutes whose post office address is 100 E. Ocean Avenue, Boynton Beach, Florida 33435, (hereinafter referred to as SELLER"). WITNESSETH In consideration of Ten Dollars ($10.00) and the mutual agreements herein and upon and subject to the terms and conditions herein contained,the parties hereto agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 Property. That certain property located at 1010 S. Federal Highway, Boynton Beach, Florida, (the "Property) which Property is more particularly described with the legal description in Exhibit"A,"attached hereto and made a part hereof. 1.2 Closing. The delivery of a Quitclaim Deed to PURCHASER concurrently with the delivery of the purchase price to SELLER. 1.3 Closing Date. The Closing Date shall occur on or before fifteen (15) days subsequent to the Inspection Period. 1.4 Deed. A Quitclaim Deed, acceptable to PURCHASER, which shall convey 100427049 1306-99055411 Page 1 362 the Property from SELLER to PURCHASER. 1.5 Effective Date. The Effective Date of this Agreement shall be the date upon its execution by both the SELLER and PURCHASER. 1.6 SELLER'S Address. Sellers' mailing address is 100 E. Ocean Avenue, Boynton Beach, FL 33435. 1.7 PURCHASER'S Address. Purchaser's mailing address is 100 E. Ocean Avenue, Boynton Beach, FL 33435, with copy to Goren, Cherof, Doody& Ezrol, P.A., Attn: James A. Cherof, Esq., at 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308. 1.8 Other Definitions. The terms defined in any part of this Agreement shall have the defined 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. 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 previously identified on Exhibit "A" for the total Purchase Price of Ten and 00/100 ($10.00) Dollars and upon and subject to the terms and conditions hereinafter set forth. 2.1 The Purchase includes: a) All buildings and improvements located on the Property; b) All right-of-ways, alleys, waters, privileges, easements and appurtenances which are on or benefit all the Property; 100427049.1306-9905541 Page 2 363 c) All right, title and interest, if any, of SELLER in any Property 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) All fixtures and articles of personal property remaining on the Property at the time of closing. SELLER represents that such fixtures and articles are paid for and are owned by SELLER free and clear of any lien or encumbrance. e) To the extent transferable, all licenses, permits, contracts and leases, if applicable,with respect to the property. 3. INSPECTIONS. PURCHASER shall have fifteen (15) days commencing on the Effective Date to perform inspections of the property as the PURCHASER deems necessary ("Inspection Period"). During the Inspection Period, PURCHASER shall, at PURCHASER'S sole cost and expense, determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity to serve the existing facilities and installed to the property lines. At all times during the Inspection Period, PURCHASER and PURCHASER'S agents shall be provided with reasonable access during normal business hours to the Property for purposes of on-site inspection, upon reasonable prior Notice to SELLER. The scope of the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the 100427049.1306-9905541 Page 3 364 circumstances. In the event that any inspections and any review of documents conducted by the PURCHASER relative to the Property during this Inspection Period prove unsatisfactory in any fashion, the PURCHASER, at PURCHASER'S sole discretion, shall be entitled to terminate this Agreement prior to the end of the fifteen (15) day Inspection Period and PURCHASER also agrees to indemnify and hold SELLER harmless from any losses, claims, costs, and expenses, including reasonable attorney's fees, which may result from or be connected with any acts or omissions of PURCHASER during inspections that are done pursuant hereto. 4. SELLER'S REPRESENTATIONS. 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 unless SELLER receives information to the contrary. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 4.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation. court costs and reasonable attorney's fees). 4.2 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, 100427049.1306-99055411 Page 4 365 occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 4.3 SELLER has full power and authority to enter into this Agreement and to assume and perform SELLER'S obligations hereunder in this Agreement. SELLER does not 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 Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, CRA, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 4.4 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 by SELLER'S consent 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. 4.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 4.6 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 SELLER'S best efforts to maintain the Property in its present condition so as to ensure that it shall remain 00427649.1306-9905541( Page 5 366 substantially in the same condition from the conclusion of the Inspection Period to the Closing Date. 4.7 To the best of SELLER's knowledge, Hazardous Materials (as defined below) are not present at, in, on or under the Property, any Site, or any part thereof. The Seller has not received any notice of or information reflecting any violation of Environmental Laws (as defined below) related to the Property or any Site (or any portion thereof) or the presence or release of Hazardous Materials on or from the Property or any Site (or any portion thereof). No clean up, investigation, remediation, administrative order, consent order, agreement or settlement is in existence with respect to the Property or any Site, to the knowledge of SELLER, is any such investigation, remediation, administrative order, consent order, agreement or settlement threatened, planned or anticipated. The SELLER has not engaged in or permitted any release, spill, generation, disposal, storage, or handling of any Hazardous Materials on the Property, any Site, or any part thereof. There are no underground storage tanks located on, in, or under the Property or any Site. The term "Environmental Law or Laws" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601, et. seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Appendix 1801, et. seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. 9601, et. seq.), and the Toxic Substances Control Act, as amended (15 U.S.C. 2601, et. seq.) and all other federal laws and regulations governing the environment, including laws relating to petroleum and petroleum products, together with their implementing guidelines, and all state, regional, county, municipal and other local laws, regulations and ordinances that are equivalent or similar to the federal laws and regulations recited above or that purport to regulate Hazardous Materials. The term "Hazardous Materials" means, without limitation, any substance, material, waste, pollutant or contaminant listed or defined as 100427049 1306.99055411 Page 6 367 hazardous or toxic under any Environmental Law, including without limitation, flammable, explosive or radioactive material, lead paint, asbestos, PCBs, urea formaldehyde, medical waste, radioactive waste, mold, petroleum and petroleum products or constituents, methane and any other toxic or hazardous material. SELLER will give immediate oral and written notice to PURCHASER of SELLER's receipt of any written notice involving a violation threat of violation or suspected violation of any Environmental Law. Seller has no knowledge of any tenant or occupant at the Property who is storing any Hazardous Materials at the Property or any Site. 5.EVIDENCE OF TITLE. 5.1 Title to the Property. SELLER shall convey to PURCHASER at Closing, by delivery of a Quitclaim Deed, title to the subject Property. PURCHASER shall, within the Inspection Period, secure a Title Search Report ("TSR") issued by a title insurance underwriter approved and selected by PURCHASER identifying the encumbrances on the Property. The costs and expenses relative to the TSR shall be borne by the PURCHASER. PURCHASER shall have five (5) days from the date of receiving TSR to examine same. If PURCHASER objects to any exception to title as shown in the TSR PURCHASER, prior to the expiration of the Inspection Period, shall 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 TSR 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 1) 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 100427049.1306-9905541) Page 7 368 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, in which event all instruments shall be immediately returned to PURCHASER; or(b) accept such title as Seller is able to convey with a reduction or abatement of the Purchase Price. 6.PURCHASER'S REPRESENTATIONS. PURCHASER hereby represents and warrants to the best of PURCHASER'S knowledge that all of the following are true and correct: a) PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. b) The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER do not and will not violate the corporate or organizational documents of PURCHASER 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 PURCHASER is a party. c) No action by any federal, state,municipal or other governmental department, CRA, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon PURCHASER in accordance with its terms and conditions. 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 100427049.1 306-9905541y Page 8 369 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. 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) That the PURCHASER has not notified the SELLER that it has deemed the property to be unsuitable for its intended purpose as a result of the Investigations conducted on the Property during the Inspection Period. b) SELLER has performed all covenants, agreements and obligations, and complied with all conditions required by this Agreement to convey clear and marketable title of the Property to PURCHASER, prior to closing. c) Approval of this Agreement by the Boynton Beach City Commission. S. RISK OF LOSS. Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER until the deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. In the event any portion of the Property is destroyed, rendered unleaseable or dysfunctional by fire or other casualty then the following shall apply: a) If the damage, as determined by the insurance adjuster, is not more than Ten Thousand and 00/100 Dollars ($10,000.00): (i) PURCHASER shall complete settlement and all insurance proceeds relating to the improvements damaged by such casualty loss shall be paid to the PURCHASER, and (ii) SELLER shall assign to PURCHASER on the date of Closing the full amount of any proceeds payable under SELLER'S fire and extended 00427049 1306.99055411 Page 9 370 coverage insurance policy applicable to said damage; b) If the damage, as determined by the insurance adjuster, is more than Ten Thousand and 00/100 Dollars ($10,000.00)DOLLARS, PURCHASER shall have the option to complete the settlement hereunder and collect all available insurance proceeds relating to the improvements damaged by such casualty loss, in which case SELLER shall pay to PURCHASER on the date of Closing the full amount of any deductible under SELLER'S fire and extended coverage insurance policy. SELLER warrants that it shall maintain until the date of the Closing adequate "All Risk" property insurance; and: c) In the event the Property, or any portion thereof, is condemned by any governmental authority under its power of eminent domain or becomes the subject of a notice of condemnation, prior to Closing, PURCHASER may elect to terminate this Agreement and neither party shall have any further claim against the other, or PURCHASER may elect to complete settlement hereunder, in which event SELLER shall assign to PURCHASER all of SELLER'S right, title and interest in and to any condemnation awards, whether pending or already paid applicable to the loss of the real property and the improvements located thereon, and there shall be no adjustment to the Purchase Price. 9. CLOSING DOCUMENTS. At closing, SELLER shall deliver to PURCHASER a Quitclaim 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 reasonably requested by either 100427049 I 306-99055411 Page 10 371 party or the closing agent. 10. CLOSING COSTS,TAXES AND PRORATIONS. 10.1 Seller's Closing Costs. SELLER shall pay for the following items prior to or at the time of closing: a)Cost and expense related to providing marketable title as provided herein; 10.2 Purchaser's Closing Costs. PURCHASER shall pay for the following items prior to or at the time of Closing: a) Recording fees of the Quitclaim Deed; b) Costs associated with obtaining the TSR. 11. CLOSING DATE AND PLACE. The Closing will take place on or before the expiration of fifteen (15) days subsequent to the Inspection Period at the law offices of Goren, Cherof, Doody & Ezrol, P.A located at 3099 E. Commercial Blvd., Suite 200, Fort Lauderdale, FL 33308. 12. DEFAULT. In the event of a default by either party„ the non-defaulting party shall have the election of the following remedies, including equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. 13. CONTINGENCIES. PURCHASER'S obligations under the Agreement is contingent upon the following: a) That the PURCHASER is fully satisfied with its due diligence investigation conducted during the Inspection Period. b)The conveyance of clear and marketable title to the property. c)The Boynton Beach City Commission authorizes the transaction. 100427049 1306.99055411 Page 1I 372 14. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall he 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: City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, Florida 33435 Attn: Lori Laverriere, City Manager With Copy to: James A. Cherof, Esq. GOREN,CHEROF, DOODY& EZROL, P.A. 3099 East Commercial Boulevard,#200 Fort Lauderdale, Florida 33308 Tel: (954) 771-4500 Fax: (954) 771-4923 SELLER: Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, Florida 33435 100427049.1306-99055411 Page 12 373 Attn: Michael Simon, Executive Director With Copy to: Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida. Venue shall be in the Federal or State Courts in Palm Beach County, Florida. 17. ASSIGNABILITY. PURCHASER may not assign this Agreement without the consent of SELLER. 18. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 19. 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. 20. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors and assigns of SELLER and PURCHASER. 21. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be taken 100427099 1 306-99055411 Page 13 374 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. 22. 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. 23. RADON GAS: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY] 100427049.1 306-99055411 Page 14 375 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated above: PURCHASER: City of Boynton Beach, a Florida municipal corporation By: Steven B. Gr t, Mayor Signed on: 0 C SELLER: Boynton Beach Community Redevelopment Agency By: Steven B. Grant, Chair Signed on: I/ ?C) WSJ CITY ATTORNEY 100427049.1 306.9905541 Page 15 376 EXHBIT"A" LEGAL DESCRIPTION Lots 4, 5, 6 and 7, PARKER ESTATE, according to the plat thereof, as recorded in Plat Book 10, Page 37, of the Public Records of Palm Beach County, Florida; LESS the West 35 feet thereof for road right of way. FOLIO NO.: 08-43-45-28-24-000-0040 00427049.1306-99055411 Page 16 377 Exh-NY) i+ 'P 1 RESOLUTION NO. R24-021 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST 4 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY FOR THE IMPROVEMENTS TO THE 7 HISTORIC WOMAN'S CLUB OF BOYNTON BEACH; AND PROVIDING 8 AN EFFECTIVE DATE. 9 WHEREAS, on February 11, 2021, the City of Boynton Beach (City) and the Boynton 10 Beach Community Redevelopment Agency (CRA) entered into an Interlocal Agreement (ILA) 11 for the transfer of ownership and funding of certain improvements, operations, and 12 maintenance of the Historic Woman's Club of Boynton Beach (HWCBB), located at 1010 S. 13 Federal Highway, Boynton Beach, FL, which is listed on the National Register of Historic Places; 14 and 15 WHEREAS, the Interlocal Agreement has a termination date of February 11, 2024; and 16 WHEREAS, this amendment will extend the date of the Interlocal Agreement to 17 September 30, 2024, to allow the City to request reimbursement for eligible costs for the 18 physical maintenance and renovations in an amount not to exceed $250,000 annually for a 19 total of three years; 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 First Amendment to the Interlocal Agreement between 23 the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the 24 improvements to the Historic Woman's Club of Boynton Beach. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and 28 incorporated herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve and authorize the Mayor to sign the First Amendment to the Interlocal Agreement S:'CC WP CCAGENDA,2024`02-06-2024 CC R24-02 I First Amendment To ILA With CRA For HWCBB - Reso I .Docx 378 31 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 32 Agency for the improvements to the Historic Woman's Club of Boynton Beach. A copy of the 33 First Amendment is attached hereto and incorporated herein as Exhibit "A." 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 6th day of February, 2024. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor-Ty Penserga 40t. / 41 Vice Mayor-Thomas Turkin 42 43 Commissioner- Angela Cruz 44 45 Commissioner-Woodrow L. Hay 46 47 Commissioner- Aimee Kelley 48 49 VOTE 5.0 50 51 ATT T: 52 53 54 I I _ i1"' 55 Moyle '- Jesus, M' ', MMC T - -'a 56 City C - Ma • 57 o' NTpN` 58 O.GORPORAt'..•F'.`,`; APPROVED AS TO FORM: 59 (Corporate Seal) SEAL . 60 i V• 61 INCORPORATED 1jhajAhzi: 4m6 1920 / 62 t Shawna G. Lamb 63 FLOW% City Attorney S:'CC\.WP'\CCAGENDA'\2024\02-06-2024 CC•R24-02I First Amendment To ILA With CRA For HWCBB - Rein I .Doex 379 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON. This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON ("First Amendment") is entered into by and between the CITY OF BOYNTON BEACH,a Florida Municipal Corporation,("CITY"),and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively, the"Parties"). RECITALS WHEREAS, the Parties entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE THERON ("Agreement") on February 11, 2021; and WHEREAS, the Agreement is set to terminate on February 11, 2024; and WHEREAS,the Parties desire to extend the termination date of the Agreement subject to the terms of this First Amendment. NOW THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration,the receipt and sufficiency of where are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Term of the Agreement. The term of the Agreement is hereby amended such that Agreement shall terminate September 30, 2024. 4870-0623-0420,v. 1 380 3) Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs below. 4) The Parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this First Amendment shall continue in full force and effect. 5) This First Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original.To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. IN WITNESS OF THE FOREGOING,the parties hereto have caused this First Amendment to be executed on the day and year written below. Approved as to Form:BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 6 By: If. /77 I Office of the CRA Attorney Ty Pe ser ;tRA Date: / 1t/4/ 24I Approved as to Form:CITY OF BOYNTON BEACH By: Office of the CITY Attorney Ty Penserga, Mayor Date: 4870-0623-0420,v 1 381 3) Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs below. 4) The Parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this First Amendment shall continue in full force and effect. 5) This First Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original.To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. IN WITNESS OF THE FOREGOING, the parties hereto have caused this First Amendment to be executed on the day and year written below. Approved as to Form:BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Ty Penserga, CRA Chair Date: Approved as to Form:CITY OF BOYNTON BEACH 44a&114 aelni By: . Office of the CITY Attorney Ty Penyor Date: " % •w) k.Q 1 $ O 4870-0623-0420,v. 1 382 Exh', b - C Y" DEPARTMENT OF PUBLIC WORKS 4 ENGINEERING DIVISION MEMORANDUM o 'k Q 7.04,4 TO: Timothy Tack, Assistant Director- CRA Theresa Utterback, Development Services Manager—CRA CC: Kathryn Matos, Assistant City Manager FROM: Mario Guzman, Public Works Directo z DATE: February 21, 2024 RE: Women's Club —Waiver Request On February 11, 2021, The City and the CRA entered into an Interlocal Agreement (ILA)for the transfer of ownership and funding of certain improvements, operations, and maintenance of the Historic Woman's Club of Boynton Beach (HWCBB), located at 1010 S. Federal Highway, Boynton Beach, FL. The ILA allows the City to request reimbursement for eligible costs for the physical maintenance and renovations in an amount not to exceed $250,000.00 annually for three years, for a total of $750,000.00. The City of Boynton Beach is requesting a waiver to the following CRA POs, as the expiration date is past due, but the submission of the invoices has been delayed: Public Works Department Historic woman's Club-CRA Statement CRA PO Expiration Issued Reimbursed Balance Requested Pending Final Balance PO 1968 Sep 30,2022 $250,000.00 $234,102.63 $ 15,897.38 $ 15,897.37 0.00 P02026 Sep 30,2023 $250,000.00 $ 56,151.00 $ 193,849.00 $ 31,161.71 $140,740.00 $ 21,94729 Totals 500,000.00 5 290,253.63 47,059.08 $140,740.00 $ 21,947.30 City Invoice: 88997 $15,897.37, to be reimbursed from CRA PO #1968-FY2022. City Invoices: 88190 $6,633.15, 88191 $1,374.61 and 88192 $23,153.95, for a total amount of$31,161.71, to be reimbursed from CRA PO#2026-FY2023. Pending City POs 231768 and 240930 for a total amount of $140,740.00, that include labor and parts, for the replacement of the AC System. The estimated time of completion and invoicing is June 15, 2024, to be reimbursed from CRA PO#2026-FY2023. Remaining of $21,947.29 from CRA PO #2026-FY2023 to be rolled over to FY2024, in order to cover the construction portion of project Women's Club Crosswalk, estimated at 342,800.00. 383 PURCHASE ORDER 2JP9JJH CRA cm IA 4t!1trry OPMENT AGENCY 100 E.Ocean Ave.,4th FL PO Number: 001968 Date: 10/06/2021 Boyton Beach,FL 33435-5612 Requisition#:001968 Vendor#: 0062 ISSUED TO: CITY OF BOYNTON BEACH SHIP TO: BOYNTON BEACH CRA P. 0. BOX 310 Attn:BOYNTON BEACH, FL 33435 BOYNTON BEACH,FL 33425 ATTN:VICKI HILL Boynton Beach,FL 33435 ITEM UNITS DESCRIPTION 6L ACCT M PRO/ACCT* PRICE AMOUNT 1 0 HWCBB IMPROVEMENTS AND MAINTENANCE 02-58200-404 600-OTHER 0.00 250,000.00 ILA FOR IMPROVEMENTS AND MAINTENANCE TO THE HISTORIC WOMEN'S CLUB BOYNTON BEACH RESOLUTION R21-021 FY 2021-2022 NOT TO EXCEED$250,000 Nov. AD-3 TI\alHit.ti,n 517 • 3 7 SUBTOTAL: 250,000.00 TOTALAL TAX: 0.00 DIRECTOR OF FINANCE DATE SHIPPING: 0.00 4tf a/7 /Z/ EXECUTIVE DIRECTOR DATE TOTAL 250,000.00 1. Original Invoice plus one copy must be sent to Boynton Beach CRA,Accounts Payable Dept,710 North Federal Highway,Boynton Beach,FL 33436-5612 2. Payment may be expected within 30 days of receipt of goods,unless otherwbe stated. 3. C.O.D.shipment must be accepted. 4. Purchase Order numbers must appear on all shipping containers,packing slips end Invoices. Failure to comply with the above request may delay payment. 5. All goods are to be shipped F.O.B.Destination unless otherwise stated. 6. All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted without approval of the Requesting Department- Material not approved will be returned at no cost to the City. 7.All goods and equipment must meet or exceed all necessary city,state and federal standards and regulations. 8.Vendor or manufacturer bears risk of loss or damage until property received and/or installed. 9.Seller acknowledges that buyer is an equal opportunity employer. Seller will comply with all equal opportunity laws and regulations that are applicable to it as a supplier of the buyer. Finance Dept.(561)737-3256 Fax(561)737-3258 384 PURCHASE ORDER BEAQCH CRA r!Mk AAAI trJTj Pr-"`rVEI CTMENT AGENCY 100 E.Ocean Ave.,4th FL PO Number: 002026 Date: 10/14/2022 Boyton Beach,FL 33435-5612 Requisition#: 002026 Vendor#: 0062 ISSUED TO: CITY OF BOYNTON BEACH SHIP TO: BOYNTON BEACH CRA P.O.BOX 310 Attn:VICKI HILL BOYNTON BEACH, FL 33425 100 E OCEAN AVE,4TH FLOOR Boynton Beach, FL 33435 ITEM UNITS DESCRIPTION GE ACCT a PROJ ACCT P PR/CE AMOUNT 1 0 HWCBB IMPROVEMENTS AND MAINTENANCE 02-58200-404 600-OTHER 0.00 250,000.00 ILA FOR IMPROVEMENTS AND MAINTENANCE TO THE HISTORIC WOMEN'S CLUB BOYNTON BEACH FY 2022-2023 NOT TO EXCEED$250,000 NOV a0 a3 aoz , 9 SUBTOTAL: 250,000.00 A = / TOTAL TAX: 0.00 DIRECTOR F_FINANCE DATE / SHIPPING: 0.00 Li Op 2,2-- TOTAL 250,000.00 EXECUTIVE DIRECTOR [ DATE 1.Original invoice plus one copy must be sem to Boynton Beach CRA,Accounts Payable Dept,100 E Ocean Avenue,4th Floor,Boynton Bead,,FL 33435.5612 2. Payment may be expected within 30 days of receipt of goods,unless otherwise stated. 3.C.O.D.shipment must be accepted. 4. Purchase Order numbers must appear on all shipping containers,packing slips and invoices. Failure to comply with the above request may delay payment 5.All goods are to be shipped F.O.B.Destination unless otherwise stated. 6.All materials and services are subject to approval based on the description on the face of the purchase order or appendages thereof. Substitutions are not permitted without approval of the Requesting Department. Material not approved wIl be returned at no cost to the City. 7. All goods and equipment must meet or exceed all necessary city,state and federal standards and regulations. B. Vendor or manufacturer bears risk of loss or damage until property received and/or Installed. 9. Seller acknowledges that buyer Is an equal opportunity employer. Seller will comply with all equal opportunity laws and regulations that are applicable to Et as a supplier of the buyer. Finance Dept.(561)737-3256 Fax(561)737-3258 385 II RESOLUTION NO. R_D j 2 A RESOLXTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT" ANI) A PURCHASE AND 5 SALE AGREEMENT BETWEEN THE CITY OF BOYNTON 6 REACH AND ']'HE BOYNTON BEACII COMMUNITY 7 REDEVELOPMENT AGENCY FOR THE HISTORWWOMEN'S 8 CLUB OF BOYNTON BEACH; AND PROVIDING AN 9 EFFECTIVE DATE. I 10 WHEREAS, The Boynton Beach Community Redevelopment Agency (CRA) has 11 owned, mal n t;pined and operated the I I is toric Wornen's C I u b o fBoynton Beach Located at 1010 12 S. Federal highway since 2017; and 13 WHEREAS, in order to remain consistent with the CRA's statutory mandates, the City 14 of` Boynton Beach (City) and the CRA are proposing to transfer the ownership, maintenance 15 and operation of the property from the CRA to the City, and 16 WHEREAS, on January 12, 2021 the Boynton Beach CRA approved the Interlocal 17 Agreement between the City of` Boynton Beach and the CIRA; and 18 WIIEREAS, the City Cornmission of the City of Boynton Beach, Florida, upon the 1.9 recommendation of staff", deems it to be in the best interests of the City residents to approve and 20 authorize the Mayor to sign an Interlocal Agreement and a PurchaseandSale Agreement with 21 the Boynton Beach Corrurrunity Redevelopment Agency for the llistoric Women's ClUb of 22 Boynton Beach. Both final Agreements shall be in a form acceptable to the City Attorney, 23 NOW,'I'IIEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA,TIIAT: 25 Section 1, tach Whereas clause set forth above is true and correct and incorporated 26 herein by this ret'crence. S, CA R FIS(,)\A greet nents'JLA And 11achasc Agwenient With CRA For Women's Club - Reso.Docx 45386 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve and authorize the Mayor to sign the Interlocal Agreement and the Purchase and Sale 29 Agreement between the City of Boynton Beach and the Boynton Beach Community 30 Redevelopment Agency for the Historic Women's Club of Boynton Beach both of which shall 31 be in a final form acceptable to the City Attorney. A copy of said Interlocal Agreement is 32 attached hereto as Exhibit "A" and a copy of the purchase and Sale Agreernentare attached 33 hereto as Exhibit "B", 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of February, 2021. 36 CITY Ol'BOYNTON BEACH, FLORIDA 37 38 39 40 Mayor -.- Steven B, Grant 41 42 Vice Mayor --- Ty Penserga 43 44 Commissioner Justin Katz 45 46 Commissioner Woodrow L, 1 -lay 47 48 Corni-nissioner Christina L. Roniclus 49 50 VOTE 51 ATTI ST: 52 53 54 r s t a I Gibs MMS.. y City Clerk 7 58 59 (Corporate Scat) S, CA RFSO\AgreemewsAIA And llurchase Agreonent Wilh CRA For Women's Club - Reso.Docx YES NO 46387 INTERLOCAL AGREEMEN'll" BETWEEN THE CITY OF BOYNTON BEACII AND TFIE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTII FEDERAI.., MG11WAY, BOYNTON BEACH, FL "t'OTHE CITY OF BOYNTON BEACI-I AND TIDE FUNDING; OF CERTAIN IMPROVEMENTS, OPERATIONS, AND MAINTENANCE141ERON. THIS AGREEMENT ("Agreernent") is made by and between the CITY OF BOYNTON BE'ACII, a 1, lorlda Municipal ("orporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively, the "Pat -ties") WITNESSETH: W11 ERI?,AS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the COMMUnity Redevelopment Area ("CRA Area") as described in the Plan; and WIIEREAS, the CRA owns the property within the CRA Area located at 1010 South Federal I lighway, l3oynton Beach, FL (the "Property"),is further described in Exhibit "A," which is hereby incorporated herein; and WHEREAS, the Property contains the Historic Woman's Club of Boynton Beach building and WHERU'.AS, the HWCBB is listed on the National Register of Historic Places; and WHEREAS, the property is subject to certain restrictive covenants; and WHEREAS, the CITY desires to own the Property and use the HWCBB for proper 1111.11116pal purposes, specifically, for Municipal and cultural purposes and as art events venue available to rent by the general public; and WHEREAS, the use ofthe Property by the CITY for municipal and cultural Purposes and as an events venue supports the goals of the Plan; and WHEREAS, the Property is also located m.tiacent to 1021 S Federal Highway, Boynton Beach, FL,, (the, "CITY Parcel") (a description of which is attached hereto as Exhibit "B," which is hereby incorporated herein), which is owned by the CITY; and WHEREAS, the CITY Parcel contains additional parking critical for continued historic preservation and fall use of the Property by the CITY as described above; and WHEREAS, the transfer of this Property to the CITY will further prornote the goals anti objectives of the CITY; and 47388 WHEREAS, the C"I" N' will Undertake the maintenance and operations of the Property in firrtherance of that goal-, and WHEREAS, maintenance and operzation, of the IIWCBB requires the additional oft' -site parking found on the CITY parcel; and WHEREAS, the CRA desires to provide the CITY with fLinding for the maintenance and operation of the Property, for a period, riot to exceed three (3) years from the Liffective Date ofthis Agreement ("Maintenance Period"); and WHEREAS, the CI A further desires to fund various physical improvements to the I-IWC13B related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the I IWC IM; an(] WHEREAS, the physical improvements described above and the operations and maintenance of the IJ\VCBB during the Maintenance Period are hereinafter referred to as the Proiect;" an(] WHEREAS, the CRA finds the Project will enhance the CRA Area; and WHEREAS, the CIZA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan arid Chapter 163, Florida Statutes; and WHEREAS, dire to the intended historic preservation ofthe IIW(.Bf3, and the beneficial nei glib orli ood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, and in particular the CRA Area; and NOW, 'I'll E REFO RE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein, 2. Reimbursement Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Two IlUndred Fifty and 00/100 Dollars ($250,000) annually (for a maximurn total of $750,000) to be rise(] for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of' Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the reqUirernents of this Agreement. In addition, only direct expenses for materials, labor, construction, and equipirient costs associated with the Project for the physical operation and maintenance of the Property (the term "Property" includes N 48389 the IJWC1313), and expenses associated with construction and installation of physical improvements related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the I-1WCB13, shall be considered eligible expenses. I -nent to CITY employees, and any payoffs, ITY overhead, CITY administrative costs, payi required by applicable restrictive covenants are not eligible expenses. b. The CRA's obligation to provide funding to the City is contingent upon the HICIUS1011 of the funding in the CRA's approved Budget for the fiscal year in which the funds will be disbursed. c. The CRA reimburse the CFTY for eligible expenses upon receipt of a written, complete Reimbursement Request ftom the CITY that meets the requirements of this Agreement as further described below. 3. Obligations of the CITY. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. As a prerequisite for receiving funding in any given year pursuant to this Agreement, no later than the last day of` April every year through the life of this Agreement, the City shall provide the CRA with r,in Annual Budget Request. The Annual Budget Request shall state the amount of funding the City is requesting the CRA include for the Project in its budget for the subsequent fiscal year. The first Annual Budget Request shall be due on April 30, 2021, for funds to be included in the CRA's Budget forthe 2021/2022 fiscal year. Upon receipt of the timely submitted Annual Budget Request, the CRA shall include the funding amount requested in its proposed Budget to be considered for approval by the CRA Board. c. The CITY shall ensure that the Project is accomplished in compliance with the Plan and Florida Statutes. t The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to CfTCCtUatc the Project, but shall coordinate with the CRA concerning compliance with the Plan. e. The CITY shall also be responsible for the maintenance of the Property, along with contracting and coordinating with all other entities as necessary to comply with the Secretary of Interior's Standards for the Treatment of Historic Properties, during the term of the Agreement and thereafter. 01434266 1 3 49390 f, Upon request fi-orn the CRA, or an authorized agent of the CRA, including the 11'xecutive Director or designee and the ("RA Attorney, the CITY shall provide all docurnerits reasonably requested by the CII RA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reirribursernerit Request. 9. The CITY shall honor all existing rental agreements between the CRA and third parties as of the Effective Date, and shall assume the responsibilities and obligations of the CRA in SLICh agreements. On the ETFective Date, the CRA will provide copies of all agreements between the CRA and third parties to the City. 4. Reimbursement of Funds a. The CITY shall provide a written request for reirnbursenierit of fitinds ReinibL,irsernent Request") meeting the requirements ofthis Agreerrient to the CR.A. In order to Ile eligible for reimbursement, the ReirribUrsenient Request must be submitted no later than: a. Ninety (90) days after payment by the CITY of funds for which it is seeking reirribLirsernent; b. Forty-five (45) days before the end of the CRA's fiscal year; and c. 1, orty-five (45) days before this Agreement terminates. h. In order to be deemed a complete RefinbUrserrient Request, the Reirriburserrient Request shall Include the following informatiow i. The amount ot'reirnbursernent requested; it. A SU111mary of the Project items for which the CITY seeks reiniburserrielit; in. A statement that the Project is in cornpliance with the Man and Florida Statutes, and evidence Supporting the statement; iv. Copies of' all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payrnent made by the CITY for the Pro.ject for which the CITY is seeking reimbursement; and v. For any Reimbursement Request submitted after final completion of a physical improvement, evidence of' an approved final inspection, or equivalent, and a final report by the ("A"IN detailing at nummum the type i mproveme tits, reasons for the improvements, and the associated costs. W434266 1 4 50391 c. Upon receipt of a complete Reimbursement Request from tile CITY that. meets the requirements of this Agreement, the CRA shall remit funding in the arnount requested, consistent with this Agreeincrit, to the CITY within ninety (90) days of receipt of the ReirnbUrsernent Request. d. If the CITY fails to submit a Reirribursernent Request within ninety (90) days after the final completion of any physical improvement, the CITY will no longer be eligible to receive reimbursement for that Improvement, Ifthe CITY Submits a Reimbursement Request that the CRA deems incomplete, the (..RA shall notily the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or Support the Reimbursement Request. The (. I ITY shall have ninety (90) (lays from receipt of' the notice to provide the necessary documentation to complete the Reinibursernein Request; however, in no case shall the City submit Such (JOCLInlentation later than forty-five (45) days before the end of the CRA's fiscal year. If the CITY fails to provide the docurnentation required by the CRA within the required time limits, the CITY shall only be eligible for the portion of` the Reimbursement Request, If any, that the deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible For reirribursernent. 5. Limits of CRA Obligations for the Project. The parties agree that the CRA shall only be responsible for providing reirnbUrSernent to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating tile Pro.ject or otherwise assisting with the IIWCBB. 6. Additional Limitations on Reimbursement Funds. If any portion of the Property ceases to be used for public purposes, or of any portion of, the Property is assigned for use to a private or non-profit entity for m()re than seven calendar days (whether or not Such entity pays the CFFY rent for Such use), then the maintenanec and operations costs for that portion ofthe Property shall not be deemed eligible expenses Im the duration of the use by that entity or during such time as the Property is not used for Public purposes. The intent of this paragraph is to prevent the use of'CRA funds for improving, operating and maintaining any portion of the property for which the primary beneficiary is the entity operating that portion of the property (such as a vendor or service provider) or the customers of that entity, and this paragraph shall be construed in light of this stated intent. 7. Land Transfer. The CRA , upon recommendation of staff, deems it in the best interest of the citizens and residents of the CITY and in furtherance of the Plan to transfer the Property to the OW4266 1 5 51392 City. The CRA and the City will negotiate and enter into a separate Purchase arid Sale Agreement. 1`61- a Quit -Claim Deed transferring the property from the CRA to the CITY. 8. Indemnification. The ary shall indemnify, save, and hold harmless the CRA, its agents, and its 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 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 of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768 28, Florida Statutes. 'This paragraph shall not be construed to require file CITY to indemnify the CRA for CR 's own negligence, or intentional acts of the CRA, its agents or enil-floyees. E'ach 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, 9. Term of the Agreernent. This Agreement shall becorne valid and commence upon the late of execution by the last Party to this Agreement ("Effective Date"), and unless earlier terminate(] pursuant to this Agreement, shall terminate three years from file Effective Date Tenrunation Date"). In no case shall the CRA be required to reimburse the CITY for any tintiniely requests, or requests submitted after this Agreement is terminated. The term of tile Agreement. may be extended only upon the execution of written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreernent in accordance with other provisions in this Agreement. 10. Records. The CITY an(] the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall he adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose ofinspection or audit during normal business hours during the term of this Agreement and at least I year after the termination of the Agreement. ii. filing. 'The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of file Florida Statutes 01434266 N I 52393 12. Default. Unless otherwise provide(] in this Agreement, if either Party defaults by failing to perf'orin or observe any of the material terms and conditions of this Agreement for a period of ten ( 10) calendar days after receipt of written notice ot'such default from the other Party, the Party giving notice of` default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights, No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall be without prejudice to the rights of any Party to seek a legal remedy for any breach ofthe other Party as may be available to it in law or equity. 13. No Third -Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third Parties that are not signatories to this Agreement, 14. Compliance with Laws. The CITY and the CRA shall comply with all statutes,, laws, ordinances, rules, regulations and lawful orders of the United States of" America, State ofl-lorida and of any Other public authority which may be applicable. 15. Entire Agreentent. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto, All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement, 16. Severability. if any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable, 17. Governing Law and Venue. The teens of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State ofFlorida and the United States of'America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terns ofthis Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palin Beach County, Florida, or, it' in federal court, in the United States District Court for the Southern District ofFlorida, to which the Parties expressly agree and submit. 7 53394 18. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason In its hiring or contracting practices associated with this Agreement. 19. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall ren -min until it shall have been changed by written notice in coiripliance with the provisions ofthis Paragraph. For the present, the Parties designate the following as the respective places for giving or notice: a. CITY: Lori LaVerriere, City Manager. City of Boynton Beach 100 F", Ocean Avenue Boynton Beach, FL 33435 b. CR A: Michael Sit'1101), F.'XeCUtive Director Boynton Beach CRA 100 l:'. Ocean Avenue 4 1,h F'l o o r Boynton Beach, Florida 33435 c. Copies To: James A. Clierof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1.500 West Palm Beach, Florida 33401 20. No Transfer. The Parties shall not, III whole or in part, Subcontract, assign, or otherwise transfer this Agreement or any rights, Interests, or obligations hereunder to any individual, group, agency, governinent, non-profit or for-profit corponation, or other entity without first obtaining the written consent of the, other Party. I 54395 21. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of' the Parties. 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 10CUrrient, and each Party is advised to seek independent legal advice in connection With the matters ret'crenced herein. 22. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed 111 OrlIg 11,11, but all Ot'WluCh together shall constitute one and the same insty uirient. 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 sarric 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 dOCLUTIeut for all purposes hereunder. 23. Survival. Tlie provisions of this Agreement regarding indemnity, waiver, ten-nination, maintenance of' the Property, and records shall survive the expiration or termination of' this Agreement and remain in ffill force and effect. 24. Time is of the Essence. The parties acknowledge that time is of the essence in the perf'orniance of the provisions in this agreement. Signatures on following page.] I 55396 INIATUNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later cif` the dates set forth below. ell Crystal Gibsot " 1"01 .. ..... .. i CITY Cler 11), Approved a, t Office of the ITY Attorney} CITY OF BOYNTON BEACH, a Florida municipal ),pporation By:_ Steven B, Grant, Mayor Date: 7 SEAL) Approved as to Form: BOYNTON BEACH COMMUNITY REDEIVELOPMENT AGENCY z.. .. .. .. .. . By: Office of the CRA Attorney Steven 13. Grant, Chair Date_ ............ I 0 f 411? 66 10 56397 IN NUTNESS NVHEKEoF,,b.- CITY amd Lie CRA b.-rcto have -lutedhisAg%nn:&m w, el'br triter of the dolts. fe, 16fib bc'v w,, Emu= CrYM41 Glibw, r,*,TY i Pr rlic, CI'TY Aaorlwy AlyprwiLd ;ii ti h.mr.,. ftec of'lhl- P.A Arlonw-y CITY OF BOYNTON BLACII, it H-jr0a it'ju-mvIpal owparatlan STV Ijl K Otani, mayl,)r Ertl f SP " A L) BOYNTON 11VA(li ('OM'Nrr,,-NITY H 57398 EAHIBIT"A" CRA -owned Property Information (1010 South Federal Highway, Boynton Beach) Parcel ID Number: 08-43-45-28-24-000-0040 Legal Description: Lots 4, 5, 6, and 7, Parker l -'states, according to the Plat thereof' as recorded in Plat Book 10, Page 37, Public Records of Palm Beacl'i County, Florida, Less the West 35 Feet thereof for Road Riglit ofWay. Location Map 58399 EAHIBIT"B" I TY -owned N-operty Information (1021 South Federal Highway, Boynton Beach) Parcel 11) Number: 08-43-45-28-24-000-0140 Legal Description: PARC III'll- 1: I-ots 14, 15, 16, and 17, PARKER L'STATEIS,a subdivision of the City ofBoynton Beach, Florida, according to the Plat tHereof ori file in the office of the ("Jerk of the Circuit court in and for Palm Beach Cunty, Florida, recorded in Plat Book 10, at Page 37. PARCEL 11: Lots I and 2, Block B, HATHAWAY PARK, a subdivision of the City of Boynton 13each, Florida, according to the Plat thereof on file in the office ofthe Clerk of Court in and for Palm Beach County, Florida, recorded in Plat Book 13 at Page 17. SUB,1ECT1'0: easements, reservations, restrictions, road -right-of-way of'record, ifany, and taxes f'or the year 1998 an(] thereafter. 01434266 1 Location Map IN 59400 1 -- c-, R J ") I AGREEMENTF'011 PURCHASE AND SALE OF REAL PROPERTY THIS AGREIFIMLN]"' is made and entered into as of this it day of February, 2021 Agreement") by and between the City of Boynton Beach, a Flot-ida municipal corporation, whose post office address is 100 E'. Ocean Avenue, Boynton Beach, Florida 33435 (hereinafter referred to as "PUR(.JiASF'R") and Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes whose post office address is 100 F. Ocean Avenue, Boynton Beach, Florida 33435, (hereinafter referred to as Sil"I'LER") W IT N E' S S E I'll In consideration of Ten Dollars ($ 10.00) and the mutual agreeryients herein and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: 1. DEFINITIONS. The following terms When used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 Prooerty. That certain property located at 1010 S. Federal Highway, fioyntori 1-3each, Flonda, (the "Property) which Property is more particularly described With the legal clescription in Exhibit "A," attached hereto and made as part hereof. L2 Closin The delivery cif' QuiItclaim Deed to PURCHASER concurrentlyg, with the delivery of the purchase price to SELLER. 13 C I o s jpj Qate. The ('losing Date shall OCCUr on or before fifteen (15) days subsequentto the Inspection Period. 00127(D49 1 W6 -44055C 1.4 Q.eeldA Quitclaim Deed, acceptable to PURCHASER, which shall convey Page I 60401 the property from SEILLIT to PURCHASER. L5 Effective Date. The E`ffective Date of this Agreement shall be the date upon its execution by both the SELLER and PURCHASE,"R. 1.6 SLI"LILI'R'S Address. Sellers' mailing address is 100 E. Ocean Avenue, Boynton Beach, Fl. 33435. L7 PURCHASER'S Address. Purchaser's mailing address is 100 E. Ocean Avenue, Boynton Beach, H.. 33435, with copy to Goren, Cherof" Doody & Ezrol, P.A., Attn: James A. Cherof, L'Sq., at 3099 East Commercial Boulevard, Suite 200, Foil Lauderdale, I'lorida 33308, 1.8 Other Definitions. The terms defined in any part. of` this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deerned to refer to the plural and the plural to the Singular, and Pronouns of each gender shall be deetned to comprehend either or both of' the other genders. As used in this Agreement, the terryis "herein", "hereof" and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. Subject to the provisions of' this Agreement, the SELLER hereby agrees to sell to PURCHASE'R, and PURCHASER hereby agrees to purchase froin SE'LLER, the property previously identified on ExIjibit "A" for the total Purchase Price of Ten and 00/100 ($10M) Dollars and upon and subject to the terms and conditions hereinafter set forth. II "File Pin -Chase includes: a) All buildings and improvements located on the Property; b) All right-of-ways, alleys, waters, privileges, easements and appurtenances which are oil or benefit all the Property; 00,127049 t 306 9(K654 f Page 2 61402 c) All right, title and interest, if any, of SELLER in any Property 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. 1"'he 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) f()r any damage to the Property due to change of grade of any street or highway. SELLER will deliver to PURCIIASER at closing, or thereafter on demand, proper instruments f'or the conveyance of title and file assignment and collection of award and damages; d) All fixtures and articles of personal property remaining on the Property at the time ot'closing. SEI..I-,,I",R represents that such fixtures and articles are paid for and are owned by SE'LLEIR free and clear ol'any hen or encumbrance. e) To the extent transferable, all licenses, permits, contracts and leases, if Applicable, with respect to the property. 3. INSPECTIONS. PURCI JASER ,hall have fifteen (15) days commencing on the Effective Date to perform inspections of, the property as the PURCHASER deems necessary ("Inspection Period"), During ItheInspectionPeriod, PURCHASE."R shall, at PURCHASER'S sole cost and expense, determine that utility Services including, water, waste water, electric, telephone and all other utilities are av,able in11, 1a the proper size and capacity to serve the existing facilities and installednstalled to the property lines. At all tunes during the Inspection period, PURCHASER and PLJRCllASFR'S agents shall be provided with reasonable access (hiring normal business hours to the Property for purposes of oil -site inspection, upon reasonable prior Notice to SEI..,Ll__,R The scope of' the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the 100427049 1 3EWP)905W 'r Page 3 403 circumstances. In the event that any inspections and any review of documents conducted by the PURCHASER relative to the, Property during this Inspection Period prove unsatisfactory in any fashion, the PURCHASER, at PURCHASIEWS sole discretion, shall be entitled to terminate this Agreement prior to the end of the fifteen (15) day Inspection Period an(] PURCHASER also agrees to indemnify and hold SEI...,L,FR harmless from any losses, claims, costs, and expenses, including reasonable attorney's fees, which may result from or be connected with any acts or omissions of PURCHASER during iuSPCCtiO1)S that are done pursuant hereto. 4. SEL.LER'S REPRESENTATIONS. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of SF.111.R'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 CIOSIng unless SL.LLE"R receives information to the contrary. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 4,1 At all tirnes from the Effective Date until prior to Closing, SETLER. shall keep the Property (whether before or after the (late of Closing) free and clear of any mechanic's or inaterialmen's liens for work or materials furnished to or contracted for, by or on behalf'of SELLER prior to the CIl(.)sing, and SELI-ER shall inderrinify, defend and hold PURCHASUIR harmless frorn and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 4.2 SF.LLEIR 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 Nvould affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, Page 4 63404 occupancy or value of the Property or any part thereof or which would otherwise relate to the 4.3 SEILER has full power and authority to enter into this Agreen'ient and to aSSUn-ie and perforin SIHTLEWS obligations hereunder in this Agreement. SE.LLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a, default ander, or result in the creation or imposition of any hen, charge, or encumbrance upon any of the Property or assets of the SELLL,,'R by reason of the terms of any contract, triortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SHILER or which affects the SELLER no action by any federal, state or rnunicipal or other governi-riental departi-nent, CRA, board, bureau or instrumentality is accessary to make this Agreei-nent a valid instrument binding upon the SELLER in accordance with its terms, 4.4 SE'LLER represents that SE'LLEIR will not, between the date of this Agreement and the Closing, without PURCHASIT'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of I)LISitleSS, create by SELLIR'S consent arty encumbrances on the property. For purposes of this provision the terin CrICUrnbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights -of' -way, leases, easements, covenants, conditions or restrictions. 4.5 SEILER represents thatthere are i'm parties other than SELLER in possession of the property or any portion of the Property as a lessee. 4.6 SEI-LL.'R shall not list or of"I'er the Property for sale or solicit or negotiate OfTeTS to purchase the Property while this Agreement is in effect. SELLUT, shall use SELLER'S best efforts to maintain the Property in its present, condition so as to ensure that it shall remain 00427049 1 306 VK S54[ f Page 5 64405 substantially in the same condition from the conclusion of the Inspection Period to the Closing Date. 4.7 'l'o the best of SELLIER's knowledge, Hazardous Materials (as defined below) are not present at, in, on or tinder the Property, any Site, or any part thereof The Seller has not received any notice of or information reflecting any violation of F.rivironmental Laws (as defined below) related to the property or any Site (or any portion thereof) or the presence or release of" Hazardous Materials on or frorn the Property or any Site (or any portion thereof). No clean up, investigation, remediation, administrative order, consent order, agreement or settlement is in existence with respect to the property or any Site, to the knowledge of SELLI"R, is any such investigation, remediation, administrative order, consent order, agreement or settlement threatened, planned or anticipated. The SELLER has not engaged in or permitted any release, spill, generation, disposal, storage, or handling of' any Hazardous Materials on the Property, any Site, or any part thereof There are no underground storage tanks located on, in, or under the Property or any Site. Flee term "L,"nvironryiental Law or Laws" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 US.C. 9601, et. secl.), the Hazardous Materials Transportation Act, as amended (49 U.S.C, Appendix 1801, et. seq.), the Resource Conservation and Recovery Act, as amended (42 U.S,C. 9601, et. seq.), and the Toxic Substances Control Act, as amended (15 U.S.C. 2601, et. secl.) an(] all other federal laws and regulations governing the environment, including laws relating to petroleum and petroleum products, together With then" linplernenting guidelines, and all state, regional, county, municipal and other local laws, regulations and ordinances that are equivalent or similar to the federal laws arid regulations recited above or that purport to regulate Hazardous Materials. The term "Hazardous Materials" means, without limitation, any Substance, material, waste, pollutant or containinant listed or defined as 1(KAY?049 1 W6 100554u Page 6 65406 hazardous or toxic under any EnvirOuruCutal LaW, including Without limitation, flarni-nable, explosive or radioactive material, lead paint, asbestos, PCBs, urea formaldehyde, medical waste, radioactive waste, rnold, petroleurn and petroleurn products or constituents, methane and any other toxic or hazardous material. SLILLER will give immediate oral and written notice to PURCIJASER of SEI-LER's receipt of any written notice involving a violation threat of violation or suspected violation of any E"rivironmental Law. Seller has no knowledge of any tenant or occupant at the Propertywho is storing any Hazardous Materials at the Property or any Site, 1 5.1 'Fitle,.,to the SELA.LR shall convey to PURCHASER at, Closing, by I delivery of a Quitclairn Deed, title to the subject Property. PURCHASER shall, within the Inspection Period, secure a Title Search Report c -I -sic) issued by a title insurance underwriter approved and selected by PUR(j 1ASER the encumbrances on the Property. The costs and expenses relative to theTSR shall be borne by the PURCHASER. PURCIJASER shall have five (5) days from the date of receiving; TSR to examine same, If" URCHASER objects to any exception to title as shown in the TSR PURCHASER, prior to the expiration of the Inspection Period, shall notify SELLER in writing specifying the specific exception(s) to which it obJects. Any objection(s) of' which PURCHASER has so notified SELLE'R, and which SL"LLER chooses to cure, shall be cured by Sl.11.1.,ER so as to enable the removal of said objections) From the TSR within ten (10) days after PURCUASER has provided notice to SLA.A.-L'R. Within five (5) days after the expiration of St"I.L.FR'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 10042 7049 1 3iY, 9907i4 t } Page 7 66407 unable or unwilling to cure all objections within the firne period set forth ill file preceding sentence, then PURCHASER may (a) terniinate this Agreement by written notice to the SEI.,,I,,.ER within live 5) days after receipt of a cure notice specifying all uncured objection, in which event all instruments shall be immediately returned to PURCHASER; or (b) accept such title as Seller is able to convey with a rCdUCtiOl) or abatement of the Purchase Ili -ice. 6. PURCIIASLR'S REPRESENTATIONS. PLJRCHASEI R hereby represents all(] warrants to the best. of PURCHASER'S knowledge that all of the following are true and correct: a) PURCHASER has full power and rurthonty to enter into this Agreement and to assume and perform all ofits obligations hereunder, b) The execution and delivery of this Agreement and the cons urn mation of the transaction contemplated hereunder on the part ofthe PURCHASER do not and will not violate the corporate; or organizational documents of R.IRCHASEIR and will not conflict with or result in the breach of any condition or provision, Or constitute a detault under, or result in the creation or imposition of any lien, charge or elICUrnbrance upon any of the terms of any contract, mortgage, lien, lease, agreernent, indenture, instrument or judgment to which the PU RCHAS El' R is a party. c) No action by any federal, state, municipal or other governmental department, CRA, board, bureau, or instrumentality is necessary to make this Ageernent a valid instrument binding upon PURCHASER in accordance with its terms and conditions. All of the representations, warranties all(] covenants of PURCHASER contained in this Agreement or in any other document, delivered to SE'LLI"R in connection with the transaction l1(210441 106 VA 5 5M1 1 67408 contemplated herein shall be true and correct in all material respects and not in default at the tirne of' Closing, j List. as though they were made at such turre. 7. CONDITIONS PRECEDENTTO CLOSING. Each otthe following events or occurrences ("Conditions Precedents") shall be a condition precedent to PURCTIASER'S obligation to close this transaction: a) That the PURCHASI,"R has riot notified the SELLER that it has dee reed the property to be unsuitable for its intended purpose as a result of.' the Investigations conducted on the Property during the Inspection Period. b) SELLER has perl'6ruied all covenants, agreements and obligations, and complied with all conditions required by this Agreement to convey clear and marketable title of the Property to PLTCHASER, prior to closing. c) Approval of this Agreement by the Boynton Beach Clity Commission. 8. RISK OF LOSS. Risk of` loss or damage from fire, other casualty, or both, is assumed by SFILLE'R until the deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. In the event, any portion of the Property is destroyed, rendered Unleascable or dysfunctional by fire or other casualty then the following shall apply: a) If"the damage, as determined by the insurance adjuster, is not more than Ten Thousand and 00/100 Dollars (S10,000,00): (i) PURCHASER shall complete settlement and all insurance proceeds relating to the improvements damaged by such casualty loss shall be paid to the PURCHASER, and (d) SI'LLER shall assign to PU RCHASIER on the (late of Closing the ftill arriount ol' any proceeds payable under SELLER'S fire and extended Page 9 m409 coverage insurance policy applicable to said damage; h) It' the damage, as determined 1)), the insurance adjuster, is more than Ten ThOLIsand and 00/ 100 Dollars ($ 10,000.00) DOLLARS, PURCI IASER shall have the option to complete the settlement hereunder and collect all available insurance proceeds relating to the improvements damaged by SLICII casualty loss, in which case SELLI"R, shall pay to PURCHASER on the date of' Closing the filil amount of any deductible Linder SELI-ER'S tire and extended coverage insurance policy. SELL.E.R warrants that it shall maintain until the date of'the ("losing adequate "All Risk" property insurance; and: c) In the event the Property, or any portion thereof, is condemned by any governmental authority under its power ot'eminent domain or becomes the sul-.)ject of a notice of condemnation, prior to Closing, PURCHASL.R may elect to terminate this Agreement and neither party shall have any further claim against the other, or PURCIIASFR may elect to complete settlement hereunder, in which event SEl..,I.ER shall assign to PURCHASER all of SE.1-LER'S right, title and interest in and to any condemnation awards, whether pending or already paid applicable to the loss of the real property and the improvements located thereon, and there shall be no adjUstirient to the Purchase Price. 9. ("LOSING DOCUMENTS. At closing, SELI.L"R shall deliver to P(JRCflASFIR a Quitclaim Deed, Bill of Sale, if applicable, No Llcri/Gap Aflidavit, Non -Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099 Form and any other documents reasonably requested by either 00427044 I YW,,1005')A 1 Y page 10 M. 410 Party or the closing agent. 10. CLOSING COSTS, TAXES AND PRORATIONS. 10. 1 Seller's CI losingqsL . - following iterns prior to or atSELLERshallpayforthe the time of closing: a) C ost and expense related to providing marketable title as provided herein, 10.2 Purchaser's Cl Costs. PURCHASER shall pay for the following items prior to or at the time of (.'losing: a) Recording fees ofthe Quitclaim Deed; b) Costs associated with obtaining the rSR. III. ('LOSING DATE AND 1"LACE. The ( , I losing will take place on, or before the expiration of fifteen (15) days subsequent to the Inspection Period at the law offices ot'Goren, Cherof, Doody be Ezrol, RA located at 3099 E. Commercial Blvd., Sulte 200, Fort Lauderdale, FL 3330K 12. DEFAULT. In the event of default by either party,, the rion-defaulting party shall have the election of the following remedies, including equitable relief to enforce the terryis and conditions, of this Agreement either through a decree for specific Performance or injunctive relief' 13. CONTINGENCIES. PURCHASER'S obligations under the Agreement is contingent Upon the following: a) That the PL) CHASER is fully satisfied with its due diligence investigation conducted during the Inspection Period. la) The conveyance of clear and marketable title to the property. c)'The Boynton Beach City Commission authorizes the transaction. Page I I 70411 14. ENFORCEABlu'ry. 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, SUCII illegality or Unenforceability shall not affect any other provision of this Agreement. 15. NOTICE. All written notices shall be deemed effective ifsent to the following places - IPURCHASER: Cityity of Boynton Beach 100 E. Ocean Avenue Boynton Beach, Florida 33435 Attn: Lori Laverriere, City Manager With Copy to: James A. Cherof, Esq. GOREN, CIIEROF, DOODY & FZROL, P.A. 3099 East (""ornmercial Boulevard, #200 Fort Lauderdale, Florida 33308 Tel: (954) 771-4500 1`ax: (954) 771-4923 SELLE'R: Boynton Beach Cornmunity Redevelopment Agency 100 E. Ocean A vcn tie 1004? /049 [ R 6-9')WIS4 I Boynton Beach, Florida 33435 Page 12 71412 Attn: Michael Simon, Executive Director With Copy to: Tara Dully, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 16. GOVERNING LAW. This Agreernent shall be governed by the laws of the State of Florida, Venue shall be in the F'cdcral or State Courts in Palm Beach County, Florida. ssig 1. an this Agreement without the17. ASSIGNABILJTN PURCHASE'R may not consent ot'SETTER. 18. ENTI RE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses then- full agreement. 19. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect unless in writing and execute(.] by both SELLER and PURCIIASER. 20. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors and assigns of'SELLER and PURCHASER. 21. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each ol'which shall be taken Page 13 72413 to be an original and all collectively (teemed one instrnment. The parties hereto agree that a f1icsinule copy hereof and any signatures hereon shall be considered for all purposes as originals. 22. LITIGATION C'0STS: In connection with any litigation arising out of this Agrectrient, the prevailing party shall be entitled to recover from the non -prevailing party all costs and expenses HICUrred, including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings, 23. RADON GAS: RADON GAS: Radon is a naturally occiii-ring radioactive gas that, when it has accLimulated in a building in sufficient qUalunICS, inay present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida, Additional information regarding radon and radon testing may be obtained from, your county health department. JTHEI REMAINDER OF THIS PAGE IS LEI "I" BLANK INTENTIONALLY] i0042700 1 W6-10054 C I 73414 IN WITNESS WHEREOF, the pailies have executed this Agreement as of the dates indicated above: j N 42 70 411 1 3 06- SKK P5 54 1 } PURCHASER: City of Boynton Beach, a Florida municipal corporation By: Steven B "Y Signed oil: SELLER: Boynton Beach Community Redevelopment Agency By: Steven B. Grant, Chair 0 ( Si gned on:.. Page 15 74415 LEGAL DESCRIPTION l..,ots 4, 5, 6 and 7, PAIZKUA ES'FA'1J',, according to the plat thereof, as recorded in Plat Book 10, Page 37, cit' the Public Records ot'Palm Beach COL111ty, Florida-, LE'SS the West 35 f'eet thereoffor road right of way. FOLIO NO: 08-43-45-28-24-000-0040 00427(Al) 1 106 440,W r Page 16 75416 U RESOLUTION NO. R21-047 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENTBETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPM ENTAGENCY FOR THE DESIGN 7 COSTS FOR CONSTRU(I'TION IMPROVEMENTS TO 'THE 8 HISTORIC WOMEN'S CLUB OF BOYNTON BEACH; AND 9 PROVIDING AN EFFECTIVE DATE. 10 WHEREAS, on May 11, 2021 the Boynton Beach CRA approved the Interlocal 11 Agreement between the City of Boynton Beach and the CRA to assist with the desil„n costs of 12 the construction improvernents including design of a signalized pedestrian crossing on Federal 13 l-lighway, restroorn renovations, and upgrades to existing balconies and doors; and 14 WHEREAS, these upgrades will allow the City to expand its cultural, educational and 15 recreation programming, as well as expand the type and scope of rental facilities for public use, 16 attracting new events and exhibits and increasing Facility rental revenues; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deerns it to be in the best interests of the City residents to approve and 19 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 20 Redevelopment Agency for the design costs for construction improvements to the Historic 21 Women's Club ofBoynton Beach. 22 NOW, 'IT [ERE FORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, "I 24 Section 1. Each Whereas clause set forth above is true and correct and incoij)orated 25 herein by this relerenee. S CA RESO' Agreements 11 A With CRA For ffW('BB Improvements - Remd)ocx 76417 26 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 27 approve and authorize the Mayor to sign the Interlocal Agreement between the City ot'Boynton 28 Beach and the Boynton Beach Community Redevelopment Agency for the design costs for 29 Construction iniprovernents to the Historic Women's Club of Boynton Beach, a copy of said 30 Interlocal Agreement is attached hereto as Exhibit "A". 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 18th day of May, 2021. 33 CITY OFBOYN"I"ON BEACH, FLORIDA 34 35 36 37 Mayor Steven B. Grant 38 39 Vice Mayor .-- Woodrow L. 1 --lay 40 41 Commissioner —Justin Katz 42 43 Cornmissionei . ..... Christina L. Romelus 44 45 Commissioner Ty Penserga 46 47 48 ATTEST: 49 50 51 52 stal Gibson, MMC 53 City Clerk 54 55 56 (Corvoratc Sea]) S:',CARES0\Agreemoits,ILA With ('"'RA For IIWCBB Improvements - Resol)ocx YES NO 77418 WMI oil LAP ! k1i 1 1! 1 -F LIMM 1, 11 1 11IIQ collectively, the "Parties"). WITNESSETH: W 1NOW N IM. M, tkns =- Morn M -O a a M 3 1 ! M 3 a the redevelopment of the Community Redevelopment Area ("CRA Area") as described in the Plan; and 11471 M-1 JR M= MKMEM 2MAT-TOWN ".4 4 1 LTAT III IITIDEOMI1111191111% 11 111111111 1 111 1 1 Ill Ig1111I Iq!1111!11111 1111.1111111 PI , F rl I I I I p7C, operations and maintenance costs (hereinafter referred to as "the Project"); and y. M 11 MIT= 0148709W I IS 78419 W"HEREAS, due to the intended historic preservation of the HWCBB, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, and in particular the CRA Area; and lqi 11111 iqll: 111 liii 11111 111111111p MEMMEEM I. Recitals. The recitations set forth above are hereby incorporated herein. 2. Reimbursement Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Eighty - Seven Thousand and 00/100 Dollars ($87,000) to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are for professional design services directly related to the Project, are consistent with the requirements of Florida Statutes, are consistent with the Plan, and are in compliance with the requirements of this Agreement, Design expenses associated with providing access to the Property may be considered part of the Project and are eligible exp.nses, CITY overhead, CITY administrative costs, and payment to CITY employees are not eligible expenses, b. The CRA's, obligation to provide funding to the City is contingent upon the inclusion of the fundin&inAhe,—CRA.,,-.qp-Lmy-M-U]ILtdgeJ flcffie— be disbursed. complete Reimbursement Request from the CITY that meets the requirements of this Agreement as further described below. 3. Obligations of the CITV. a, The CITY shall ensure funds provided by the CRA are not used for any purposes 1111111 'Ipi il 1 1111111 Rli a l i I I lli pli 111 IN I1311111ii1111'1 !1 111 1111p l illp designer(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. 0107091.2 2 79420 d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds Reimbursement Request") meeting the requirements of this Agreement to the CRA. In order to be eligible for reimbursement, the Reimbursement Request must be submitted no later than: i. Ninety (90) days after payment by the CITY of funds for which it is seeking reimbursement; ii. Forty-five (45) days before the end of the CRA's fiscal year; and iii. Forty-five (45) days before this Agreement terminates. b. In order to be deemed a complete Reimbursement Request, the Reimbursement Request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project items for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement; and iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. c. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within ninety (90) days of receipt of the Reimbursement Request. d. If the CITY fails to submit a Reimbursement Request within ninety (90) days after any payment for the design services, the CITY will no longer be eligible to receive reimbursement for that payment. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 01487081.2 3 80421 trVTVtk.Qiitmf 0 vi"".MRPM Rni 11 bat =m ,,, n 1, J e!•tip. 1n forty-five (45) days before the end of the CR.A's fiscal year. If the CITY fails to provide the documentation required by the CRA within the required time limits, the CITY shall only be eligible for the nortion of the Reimbursement Reauest. if anv. that the CRA deeTics c*,ttrilete wtid elitrible. I ne UAA wM nol reimDurse Me ul I I Yor any portion oT Me request ine MMIK aFems me igible tor reimbursement. 5. Limits of CRA Obfigations for the Project, The Parties agree that the CRA shall only be responsible for provid n reimbursement to the CITY for eli not otherwise be res onsible for effectuatin the Pro'ect or otherwise assistin withtheHWCBB. a 0141 &W MaIROKOUIMUM") 014) #1W1J#FSUArUff9Mj -7=11MM'sis —M.H. MIT. ITFUMM snail Me MA 67 requirea to reimt)urse Me M I I Yor 07y unnmeiy reques , or requests after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to tenninate this Agreement in accordance with other provisions in this Agreement. 01"7091-2 4 81422 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01 (11) of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third -Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all Statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 01487081-2 82423 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and entorced-iw-,-tce with, the In of America, without regard to conflict of laws principles. Any and all legal actions necessary to Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit, 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery Party for whom it is intended at the place last specified; and the place for giving of notice shall 11 i paragraph. For the present, the Parties designate the following as the respective places for giving of notice: W497091-2 a. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4'h Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 M a 83424 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. 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. 20. Counterparts, and Transmission. To facilitate execution, this Agreement may be e_X1_-'_QAtd4 «. «, an original, but all of which together shall constitute one and the same instrument. The executed signature Lca e sj, from each ori',Ninal mao boine,,Z 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. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, tennination, maintenance of the Property, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the r!,erformance of the provisions in this Agreement. 01497081-2 Signatures on following page.] h 84425 IN WITNESS WMREOF, the CITY and the CRA hereto have executed this Anent as of the later of the dates set forth below. Office of the CITY Attorney to Form: of the CRA Attorney OtOWI-2 Date: SEAL) BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY A x By Steven B. Grant, Chair 85426 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-197- Approving Modification No. 2 to Grant Agreement No. H0861 between the Florida Division of Emergency Management and the City of Boynton Beach extending the deadline six (6) months for Watershed Master Planning activities due to new State of Florida stormwater rule regulations. Requested Action: Staff recommends approval of Proposed Resolution No. R24-197. Explanation of Request: The Community Rating System (CRS) is a voluntary program under the Federal Emergency Management Agency (FEMA) allowing communities to earn flood insurance discounts of up to 45%. Under FEMA’s National Flood Insurance Program (NFIP), cities and non-incorporated areas can earn points for conducting floodplain management activities that surpass the minimum NFIP requirements. The Watershed Planning Initiative (WPI) is federally funded through the Hazard Mitigation Grant Program (HMGP) and administered by the Florida Division of Emergency Management (FDEM) to assist Florida communities to improve CRS Class ranking, which in turn reduces National Flood Insurance rates for Florida residents and enhances mitigation practices in communities that are vulnerable to flood risks. On December 1, 2022, the City was awarded Federal funding in the amount of $246,832.50 under Grant Agreement No. H0861 to prepare a Watershed Master Plan (WMP), to fulfill CRS Class 4 requirements. The Executed Contract Agreement No. H0861 dated December 1, 2022 provided a period of performance (POP) ending on September 30, 2023, and gave the City insufficient time to accomplish the goals and objectives of the WMP. Consequently, a period of performance extension of 12-months was granted pursuant to Amendment No.1 and was signed by the Mayor on July 12, 2022. Due to new Florida Stormwater Rule regulations implemented on June 28, 2024, the City requires additional time to accomplish the deliverables. Amendment No. 2 will include a 6- month extension with a new completion date of March 31, 2025. The Utilities Department is requesting City Commission approval to amend the Agreement. How will this affect city programs or services? The City of Boynton Beach is currently a CRS Class 5 community, allowing residents to get up to 25% discount on flood insurance 427 policies. Importantly, CRS Class 5 communities cannot progress to a CRS Class 4 ranking without the creation and adoption of a Watershed Master Plan. Completion of the Watershed Master Plan will provide one of the pre-requisites for the City to achieve a CRS Class 4 ranking, which will increase the flood insurance discount from 25% to 30% for property and business owners in the City. In addition, this project will provide a detailed understanding of how the City’s storm water system will operate under flood conditions, enhancing the City’s ability to mitigate flooding and build resilience to sea level rise and climate change. Fiscal Impact: Funds for the project are available in the following accounts: Utilities CIP account: 403-5000-538.65-09 - US 2307 $190,442.50 Watershed Master Plan. Project is currently funded from a HGMP grant and Utilities CIP budget. Attachments: R24-197 Agenda_Item_2000- 2023_Resolution_for_FDEM_Grant_Agmt_H0861_Modification__2.docx Exhibit A to Resolution - Attachment 4 - 4337-004-Pg Modification #2 - Subrecipient Signature.pdf Attachment 1 -4337-4-Pg-City of Boynton Beach-FULLY EXECUTED.pdf Attachment 2 - 4337-004-Pg Modifictaion #1- Executed Contract.pdf Attachment 3 - 4337-04-Pg City of Boynton Beach Watershed Managment Plan - Extension Request.pdf Attachment 5 - R22-169.pdf Attachment 6 - R23-088 Modification #1.pdf 428 RESOLUTION NO. R24-1971 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING MODIFICATION NO. 2 TO THE FEDERALLY-FUNDED 4 SUBAWARD AND GRANT AGREEMENT NO. H0861 FOR THE HAZARD MITIGATION 5 GRANT PROGRAM FOR THE WATERSHED MANAGEMENT PLAN PROJECT WITH THE 6 DIVISION OF EMERGENCY MANAGEMENT; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,the City and the State of Florida, Division of Emergency Management (FDEM),9 entered into a Federally-Funded Subaward and Grant Agreement No. H0861 for the Hazard 10 Mitigation Grant Program for the Watershed Management Plan project approved by Resolution 11 No. R22-169 on November 14, 2022; and 12 WHEREAS,the parties entered into Modification No. 1 to the Federally-Funded Subaward 13 and Grant Agreement No. H0861 for the Hazard Mitigation Grant Program for the Watershed 14 Management Plan project approved by Resolution No. R23-088 on July 18, 2023, extending the 15 term of the Agreement through September 30, 2024, and modifying the Scope of Work of the 16 Agreement; and 17 WHEREAS,parties desire to enter into Modification No. 2 to the Federally-Funded 18 Subaward and Grant Agreement No. H0861 for the Hazard Mitigation Grant Program for the 19 Watershed Management Plan project to extend the term of the Agreement through March 31, 20 2025, and modify the Budget and Scope of Work of the Agreement; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the city's citizens and residents to approve Modification No. 2 to the Federally-23 Funded Subaward and Grant Agreement No. H0861 for the Hazard Mitigation Grant Program for 24 the Watershed Management Plan project with the Division of Emergency Management. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 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 SECTION 2.The City Commission of the City of Boynton Beach, Florida, hereby approves31 Modification No. 2 to the Federally-Funded Subaward and Grant Agreement No. H0861 for the 32 429 Hazard Mitigation Grant Program for the Watershed Management Plan project with the Division 33 of Emergency Management extending the term of the Agreement through March 31, 2025, and 34 modifying the Budget and Scope of Work of the Agreement (the “Modification”), in form and 35 substance similar to that attached as “Exhibit A. “36 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 37 authorizes the Mayor to execute the Modification and such other related documents as may be 38 necessary to accomplish the purpose of this Modification and Resolution.39 SECTION 4.The City executed Modification shall be forwarded to Mirna Crompton to 40 obtain the execution of the Modification by FDEM. Mirna Crompton shall be responsible for 41 ensuring that one fully-executed Modification is returned to the City to be provided to the Office 42 of the City Attorney for forwarding to the City Clerk for retention as a public record.43 SECTION 5.This Resolution shall take effect in accordance with law.44 [signatures on following page]45 46 47 48 49 50 51 52 53 54 55 56 57 430 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.58 CITY OF BOYNTON BEACH, FLORIDA59 YES NO60 Mayor – Ty Penserga __________61 62 Vice Mayor – Aimee Kelley __________63 64 Commissioner – Angela Cruz __________65 66 Commissioner – Woodrow L. Hay __________67 68 Commissioner – Thomas Turkin __________69 70 VOTE ______71 ATTEST:72 73 ___________________________________________________________74 Maylee De Jesús, MPA, MMC Ty Penserga75 City Clerk Mayor76 77 APPROVED AS TO FORM:78 (Corporate Seal)79 80 _______________________________81 Shawna G. Lamb82 City Attorney83 431 SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU FISCAL OPERATIONS UNIT HMGP REQUEST FOR REVIEW AND APPROVAL SUB-RECIPIENT: City of Boynton Beach PROJECT #: 4337-004-Pg PROJECT TITLE: Boynton Beach Watershed Management Plan CONTRACT #: H0861 MODIFICATION #: 2 SUB-RECIPIENT REPRESENTATIVE (POINT OF CONTACT) Eduardo Garcia Engineer 1 124 E Woolbright Road Boynton Beach, Florida 33435 Enclosed is your copy of the proposed contract/modification between City of Boynton Beach and the Florida Division of Emergency Management (FDEM). COMPLETE This form is required to be included with all Reviews, Approvals, and Submittals Reviewed and Approved Signed & Dated Electronic Copy by Official Representative Copy of the organization’s resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, or Chief Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated N/A for Modifications or State Funded Agreements Attachment K – Certification Regarding Lobbying - completed, signed, and dated N/A for Modifications or State Funded Agreements Attachment L – Contracts with Non-Profit Organizations - completed, signed, and dated Electronic Submittal to the Grant Specialist If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 328-5736 or email me at Caitlyn.Stroik@em.myflorida.com. 432 Contract Number: H0861 Project Number: 4337-004-Pg MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND CITY OF BOYNTON BEACH ________________________________ This Modification Number Two made and entered into by and between the State of Florida, Division of Emergency Management ("the Division”), and City of Boynton Beach ("the Sub-Recipient") to modify Contract Number H0861, dated, December 1, 2022 ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub-Recipient under the Hazard Mitigation Grant Program of $246,832.50, in Federal Funds; and WHEREAS, the Division and the Sub-Recipient intend to modify the Agreement; and WHEREAS, the Agreement expired on September 30, 2024; and WHEREAS, the Division and the Sub-Recipient intend to reinstate and extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin December 1, 2022 and shall end March 31, 2025, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 2nd Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 4. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 6. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 7. Attachment L - Florida Accountability Contract Tracking System (FACTS) Requirements for Non- profit Organizations Under Section 216.1366, Florida Statutes, Instructions and Worksheet is hereby incorporated into the Agreement and is required to be completed by the subrecipient and returned the Division. 433 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB-RECIPIENT: CITY OF BOYNTON BEACH By: Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: 434 Attachment A Watershed Master Planning Initiative Boynton Beach Watershed Management Plan Scope of Work and Budget Statement of Purpose The Florida Division of Emergency Management’s (the Division) Bureau of Mitigation prioritizes flood risk management as an integral part of its mission. The goals of this project are to assist local communities in developing a Watershed Master Plan for the purposes of moving up in the Community Rating System (CRS) of the National Flood Insurance Program (NFIP) and to increase resiliency in Florida communities. This project is funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-004-P, as approved by the Division and the Federal Emergency Management Agency (FEMA) to create and update Watershed Master Plans (WMPs) throughout the state of Florida. The Project Manager for the Division will be: Laura Dhuwe, Project Manager Hazard Mitigation Grant Program Florida Division of Emergency Management 850-879-0872 watershedplanning@em.myflorida.com Scope of Work The Division will coordinate with eligible Florida entities to produce a Watershed Master Plan (WMP) for credit under CRS. This project is preceded by the WMP Pilot Program, which consisted of research and the creation of guidance materials to ensure a consistent statewide approach to WMP development. Guidance materials produced in the WMP Pilot Program can be found at: https://www.floridadisaster.org/dem/mitigation/watershed-planning-initiative or https://www.fau.edu/engineering/research/cwr3/clearinghouse/. The Sub-Recipient may use other materials provided by ISO and located at https://fema.gov. The Sub-Recipient shall follow the Credit Criteria for Element WMP under CRS Activity 452.b (please refer to the 2017 CRS Coordinator’s Manual1 and the 2021 Addendum to the Coordinator’s Manual2). The Sub-Recipient will finalize the process by submitting their WMP to ISO/CRS for review and providing the Division with a signed letter from their applicable county’s Local Mitigation Strategy (LMS) Chairperson attesting that the WMP will be adopted in the Sub-Recipient’s next LMS update. Tasks necessary to the completion of a WMP include: Task 1 – Create Preliminary Project Plan based on Initial Flood Modeling, and Submit Draft WMP The Sub-Recipient shall create a preliminary Project Plan, which is a narrative detailing how the initial flood modeling has sufficient detail on the data that went into the model, model specifications, and possible solutions for addressing flood risks that the model identified. There must be enough detail in the preliminary Project Plan to verify the required analysis has been completed. Specifically, the required analysis for the preliminary Project Plan shall include all the Minimum Criteria required for a creditable WMP3 under the two categories of Data Inventory and Collection and Initial Flood Modeling as follows: Data Inventory and Collection: 1. Data inventory (used for initial flood modeling): 1 https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinators- manual_2017.pdf 2 https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinator- manual_addendum-2021.pdf 3 See 2017 CRS Coordinator’s Manual at https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinators- manual_2017.pdf; the 2021 Addendum to the Coordinator’s Manual at https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinator- manual_addendum-2021.pdf; and other materials provided by ISO located at https://fema.gov. 435 a. Inventory of ground characteristics (e.g., soil type, impervious surfaces, wetlands) b. Inventory of existing drainage system c. Inventory of data availability 2. Locations of: a. critical facilities, cultural/historical, and other places/areas of interest b. vulnerable areas and their descriptions c. natural and constructed drainage systems and channels 3. Existing regulations and plans in place for reducing flood risks Initial Flood Modeling 4. For current/existing conditions land use, future land use, and the fully developed watershed scenarios: a. Evaluations of the existing drainage system’s runoff response from design storms using a hydrologic and hydraulic study with a hydrograph approach under current and predicted future land use conditions with assessments of the impacts of climate change and sea level rise for 10-, 25- & 100-year storm events b. For currently fully developed watersheds: studies of existing development and the potential impact of any redevelopment c. Evaluations of different management scenarios for at least the 100-year rainfall event for a fully developed watershed at a scale sufficient to determine local problems. d. Determinations of the change in runoff from current to future, fully developed conditions e. Recommendations for managing at least the 10-year and the 25-year rainfall events 5. For communities impacted by sea level rise: evaluations of the impacts of the NOAA Intermediate 2100 sea level rise scenario on the 100-year rainfall event a. It is highly recommended to include 2 other scenarios up to 2100, which could be based on sea level for 2 time frames into the future or a number of feet of sea level rise within this timeframe. 6. The plan must include a strategy and action plan to address the results of the studies for: a. controlling the timing of peak flows to prevent or minimize problems for the entire watershed due to new development, redevelopment, and fully developed conditions b. the impact of climate change and sea level rise on fully developed conditions c. at least the 25-year rainfall event in fully developed conditions, with a list of possible solutions for addressing at least the 25-year rainfall event d. at least one event larger than the 25-year rainfall event, with a list of possible solutions for addressing this event e. ensuring that flood hazards from the 10-year and the 25-year events are not increased by future development (the 2-year storm is also recommended). 7. The community must adopt the final plan. 8. If applicable, WMP plans more than 5 years old must be evaluated to ensure that they remain applicable to current conditions. For instance, are previous assumptions on hydrology, sea level rise and future land use still applicable. Deliverable 1: An (1) electronic copy of the preliminary Project Plan; (2) a separate electronic document listing how and where in the preliminary Project Plan the Minimum Criteria listed above are met; and (3) a separate electronic document clarifying the Sub-Recipient’s existing data inventory at the time of contract execution, how the data are used, and which tasks and efforts have already been completed prior to contract execution. These three electronic documents must be submitted to the Division for review no later than 21 months after the beginning of the Period of Performance. The Sub-Recipient will provide Deliverable 1 to the Division via email to watershedplanning@em.myflorida.com. Payment for Task 1 will occur once the Sub-Recipient has received feedback from the Division confirming that their preliminary Project Plan has been approved. To be approved, the preliminary Project Plan must show how all the listed Minimum Criteria required for a creditable WMP are intended to be met. 436 The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub-Recipient shall provide the Division with the following no later than 21 months from the beginning of the Period of Performance before payment will be processed. Jurisdiction Specific Comments for Task 1: Data collection for structures - The Sub-Recipient’s project will include a high-quality stormwater inventory which is a critical foundational dataset for any stormwater program. It enables the government to more efficiently operate and maintain the system, evaluate capital improvement projects, adapt to climate change, apply for funding, and markedly improve public safety – among many other benefits. Specifically, the project will include conducting a survey to create a stormwater inventory that includes: • Diameters • Pipe Material • Inverts and other key elevations • Structure information and photos • Pipe Length • A geodatabase/GIS with the information. This dataset will directly interface with, and greatly enhance, the City’s existing ICPR model. Initial Flood Modeling and Draft WMP Project Plan - The Sub-Recipient’s project will evaluate the future conditions, including the impacts of a median projected sea level rise (based on the National Oceanic and Atmospheric Administration’s (NOAA’s) “intermediate-high” projection for the year 2100) on the local drainage system during multiple rainfall events, including the 100-year rainfall event. This option is for coastal communities with no natural or constructed channels. Guidance on sea level rise projections for CRS purposes can be found in Section 404 of the CRS Coordinator’s Manual. Future-conditions should include a projected change in land use to determine the change in runoff from current to future, fully developed conditions. The NOAA intermediate high projection for Boynton Beach is 3.9 ft NAVD88 of sea level rise which must at a minimum be used for the SLR evaluation. During the project, the Sub-Recipient’s project team will submit preliminary data for a courtesy review to identify any areas where the project needs to focus on or modify. Additionally, the Sub-Recipient will clarify in writing which tasks and efforts have already been completed prior to contract execution. With the mapping efforts, the Sub-Recipient shall provide the source and dates of data acquisition, locational accuracy, and map projection and coordinate system information of geospatial data. Task 2 – Revise Draft WMP and Submit Completed WMP After receiving feedback from the Division on the preliminary Project Plan from Task 1 (Deliverable 1), the Sub-Recipient shall finalize the flood modeling process and submit their completed WMP. At a minimum, the modeling and WMP must meet the Minimum Criteria required for a creditable WMP shown above. The Sub-Recipient shall update their WMP, if revisions are necessary based on the Division’s feedback, and submit the completed WMP to the Division for review. Throughout the activities for Task 2, the Sub-Recipient shall coordinate with the applicable LMS working group to ensure that the working group will adopt the WMP as an annex in the next LMS update, and use the data to inform the risk assessment and mitigation strategy. Deliverable 2: An electronic copy of the completed WMP will be submitted to the Division no later than 27 months after the beginning of the Period of Performance. If applicable, the Sub-Recipient will revise the submitted WMP to comply with required revisions and feedback from the Division, and then resubmit the WMP to the Division no later than 27 months after the beginning of the Period of Performance. The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub-Recipient shall provide the Division with the following no later than 27 months from the beginning of the Period of Performance before payment will be processed: 1. the completed WMP4 (after incorporating comments from the Division, if applicable); and 4 See the Minimum Criteria required for a creditable WMP listed above. 437 2. a signed letter from the applicable county’s Local Mitigation Strategy (LMS) Chairperson attesting that the completed WMP will be adopted and used to update the risk assessment and mitigation strategy during the next LMS plan update. The Sub-Recipient will provide Deliverable 2 to the Division via email to watershedplanning@em.myflorida.com. Method of Compensation: All deliverables submitted to the Project Manager or to the Division shall be completed by the Sub-Recipient and approved for completeness and accuracy by the Project Manager or the Division to qualify as reaching the minimum required criteria for each invoice period. All tasks shall be performed under the direct supervision of the Division. The project shall be reimbursed upon receipt of invoices submitted at the completion and acceptance of each deliverable defined above unless this agreement is terminated early. This is a cost reimbursement agreement, which will be reimbursed on a fixed-fee, fixed-price agreement as follows: Deliverables Total Deliverable Value Due Date Task 1 – Create Preliminary Project Plan based on Initial Flood Modeling, and Submit Draft WMP $191,920.00 21 Months after beginning of POP Task 2 – Revise Draft WMP and Submit Completed WMP $137,190.00 27 months after beginning of POP Total $329,110.00 Financial Consequences for Non-Performance: The failure to provide the Division with the required deliverables within the stated timelines shall result in a penalty of 5 % of the determined deliverable amount for each late deliverable. Penalty may be waived based upon reasonable explanation with documentation by Sub-Recipient. Should the Sub-Recipient determine that there are significant barriers to conduct any of the minimum deliverables due to extenuating circumstances, the Division may re-evaluate performance expectations upon a formal request from the Sub-Recipient. If the Sub-Recipient fails to comply with any terms of the agreement, the Division shall take one or more of the following actions: 1. Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2. Disallow all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate the current agreement for the Sub-Recipient’s project; 4. Withhold further agreements for the project; or 5. Take other actions that are legally allowed. 438 Schedule of Work Task(s) Number of Months to Complete Field work and data collection for structures (Task 1) 6 Initial Flood Modeling (Task 1) 9 Preliminary Project Plan (Task 1) 6 Revise Draft WMP and Submit Completed WMP (Task 2) 6 Total Period of Performance: 27 Total Period of Performance The Period of Performance for this project begins on the date of execution of the subgrant agreement by both parties and ends no later than March 31, 2025. Budget Cost Item Project Cost Federal Share Non-Federal Share Personnel Fringe Benefits Travel Equipment Supplies Contractual $329,110.00 $246,832.50 $82,227.50 Other Project Total: $329,110.00 $246,832.50 $82,227.50 Funding Summary Totals Federal Share: $246,832.50 75.00% Non-Federal Share: $82,227.50 25.00% Total Project Cost: $329,110.00 100.00% 439 Attachment L Florida Accountability Contract Tracking System (FACTS) Requirements for Non-profit Organizations Under Section 216.1366, Florida Statutes Instructions and Worksheet PURPOSE: Section 215.985, Florida Statutes (F.S.), amended in 2023, requires that each contract for which a state entity makes a payment pursuant to a contract executed, amended, or extended on or after July 1, 2023, the Division shall post any documents submitted pursuant to s. 216.1366, F.S., which indicates the use of state funds as remuneration under the contract or a specified payment associated with the contract on the contract tracking system. CONTRACT DOCUMENTATION REQUIREMENTS Section 216.1366, F.S., amended in 2023, establishes new documentation requirements for any contract for services executed, amended, or extended on or after July 1, 2023, with non-profit organizations as defined in s. 215.97 (2)(m). F.S. The contract must require the contractor to provide documentation that indicates the amount of state funds:  Allocated to be used during the full term of the contract for remuneration to any member of the board of directors or an officer of the contractor.  Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be included in the contract tracking system maintained pursuant to s. 215.985 F.S. and must be posted on the contractor’s website if the contractor maintains a website. • As used in this subsection, the term: o “Officer” means a Chief Executive Officer (CEO), Chief Financial Officer (CFO), Chief Operating Officer (COO), or any other position performing an equivalent function. o “Remuneration” means all compensation earned by or awarded to personnel, whether paid or accrued, regardless of contingency, including bonuses, accrued paid time off, severance payments, incentive payments, contributions to a retirement plan, or in-kind payments, reimbursements, or allowances for moving expenses, vehicles and other transportation, telephone services, medical services, housing, and meals. o “State funds” means funds paid from the General Revenue Fund or any state trust fund, funds allocated by the Federal Government and distributed by the state, or funds appropriated by the state for distribution through any grant program. The term does not include funds used for the state Medicaid program. Note: This “Instructions and Worksheet” is meant to explain the requirements of the Section 216.1366, F.S., amended in 2023, and give clarity to the attached form distributed to recipients and sub-recipients for completion. All pertinent information below should be filled out, signed, and returned to the project manager. NON-PROFIT ORGANIZATION REMUNERATION INFORMATION 1. Is your business or organization a non-profit organization as defined in s. 215.97 (2)(m). F.S.? Yes No If the answer to Question 1 is “Yes,” continue to Question 2. If the answer to Question 1 is “No”, move to the signature block below to complete the certification and submittal process. 2. Will state funds be used as remuneration to any member of the board of directors or an officer in your business or organization? Yes No If the answer to Question 2 is “Yes,” provide the information required in the “Total Compensation Paid to Non-Profit Personnel Using State Funds” form below. A separate form should be completed for each member of the board of directors or officer being compensated 440 using state funds. If the answer to Question 2 is “No”, move to the signature block below to complete the certification and submittal process. Total Compensation Paid to Non-Profit Personnel Using State Funds Name: Title: Agency Agreement/Contract # Total Contract Amount Contract Term: Line Item Budget Category Total Amount Paid Amount Paid from State Funds Salaries Fringe Benefits Bonuses Accrued Paid Time Off Severance Payments Retirement Contributions In-Kind Payments Incentive Payments Reimbursements/Allowances Moving Expenses Transportation Costs Telephone Services Medical Services Costs Housing Costs Meals CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the approved budget. Name: Signature: Title: Date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aura Dhuwe Digitally signed by Laura Dhuwe Date: 2022.12.01 12:58:01 -05'00' 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 %&$ Laura Dhuwe Digitally signed by Laura Dhuwe Date: 2022.12.01 12:57:17 -05'00' 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis Governor Kevin Guthrie Director DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 August 9, 2023 Ms. Angela Prymas, P.E. Senior Engineer 124 E Woolbright Road Boynton Beach, Florida 33435 Re: Project #4337-004-Pg, City of Boynton Beach Dear Ms. Prymas: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract modification number one (#1) (Contract #H0861) between City of Boynton Beach and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at Caitlyn.Stroik@em.myflorida.com. The Project Manager for this contract is: Caitlyn Stroik, Project Manager Florida Division of Emergency Management 2555 Shumard Oak Blvd, Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Caitlyn Stroik at (850) 328-5736. Respectfully, Laura Dhuwe Bureau Chief, Mitigation State Hazard Mitigation Officer Enclosure Laura Dhuwe Digitally signed by Laura Dhuwe Date: 2023.08.10 12:12:09 -04'00' 501 502 "6( Laura Dhuwe Digitally signed by Laura Dhuwe Date: 2023.08.10 12:11:57 -04'00' 503 504 505 506 507 508 509 510 The City of Boynton Beach America's Gateway to the Gulfstream OFFICE OF THE CITY MANAGER Mirna Crompton, Grants Manager 100 East Ocean Avenue Boynton Beach, Florida 33435 (P): 561-742-6010 | (F): 561-742-6011 www.boynton-beach.org July 24, 2024 Caitlyn Stroik Project Manager Bureau of Mitigation Florida Division of Emergency Management 2555 Shumard Oak Blvd, Tallahassee, FL 32399-7018 RE: 4337-4-Pg City of Boynton Beach Watershed Management Plan H0861 POP 12/01/2022-09/30/2024 Dear Caitlyn Stroik, This letter is to formally request an extension for the 4337-4-Pg City of Boynton Beach Watershed Master Plan. Due to new Florida Stormwater Rule regulations implemented on June 28, 2024, the City requires additional time to accomplish the deliverables. The consultant working on the project requires extra time to review the project to ensure compliance with this new rule before completing the WMP draft. The City acknowledges the importance of meeting deadlines and is fully dedicated to successfully completing the project. The City is requesting a six-month extension, which we believe will provide us with adequate time to complete the Watershed Master Plan in a timely manner. Thank you for considering this request. Sincerely, Mirna Crompton Grants Manager 511 512 513 1 RESOLUTION NO. R22-169 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SI GN THE 5 SUBRECIPIENT GRANT AGREEMENT NO. H0861 WITH THE FLORIDA 6 DMSION OF EMERGENCY MANAGEMENT AGENCY (FDEM) HAZARD 7 MITIGATION GRANT PROGRAM (HMGP) IN THE AMOUNT OF 8 $246,832.50 FOR THE CITY'S WATERSHED MANAGEMENT PLAN; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Community Rating System (CRS) is a voluntary program under the 13 Federa l Emergency Management Agency (FEMA) allowing communities to earn flood 14 insurance discounts of up to 45%; and 15 WHEREAS, under FEMA's National Flood Insurance Program (NFIP), cities and 16 non -incorporated areas can earn points for conducting floodplain management activities 17 that surpass the minimum NFIP requirements; and 18 WHEREAS , The City of Boynton Beach is currently a CRS Class 5 community, 19 achieving up to 25% discount on flood insurance polic ies, however, for the City to achieve 20 a CRS Class 4 ranking the City needs to create and adopt a Watershed Master Plan; and 2 1 WHEREAS, on June 16, 2022, the City submitted an application for funding to 22 prepare a Watershed Master Plan, coordinating with FEMA reviewers to ensure acceptance 23 and approval of the Master Plan documents to fulfill CRS Class 4 requirements; and 24 WHEREAS , The requested grant funding for the project is $329,110.00 of which 25 Federal funding in the amount of $246,832.50 will be awarded to the City under Grant 26 Ag reement No. H0861 and the City's required 25% match of $82,277.50 is available in the 27 Utilities CIP Budget. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 29 OF BOYNTON BEACH , FLORIDA, THAT: 30 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. S :\CA\RESO\Agreeme nts\Gran ts\A pp rove Hazard Mitigation Program Grant (Watershed Managemenl Plan 2022) -Reso.Docx 514 34 Section 2. The City Commission approves and authorizes the Mayor to sign 35 the Subrecipient Grant Agreement No. H0861 with the Florida Division of Emergency 36 Management Agency (FDEM) Hazard Mitigation Grant Program (HMGP) in the amount of 37 $246,832.50 for the City's Watershed Management Plan, a copy of which is attached hereto 38 and incorporated herein as Exhibit "A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this 14th day of November, 2022. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 (Corporate Seal Mayor -Ty Penserga Vice Mayor -Angela Cruz Commissioner -Woodrow L. Hay Commissioner -Thomas Turkin Commissioner -Aimee Kelley VOTE YES NO ~t_ ✓- /- ---- / -AQ ~r Ty Penserga Mayor •• OR •• .-;...~~ ~,.,,.. ... •c," ._ • •• SEAL··. 1NCORp0AA1ED •• .. 1920 / •• •• • •• Michael D. Cirullo, Jr. City Attorney S.\CAIRESO\Agreem ents\Grants\App rovc Hazard M itigation Program G ra nt (Watershed M anage ment Plan 2022) -Reso.Docx 515 r SUB-RECIPIENT: PROJECT#: SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL City of Boynton Beach 4337-4-Pg i PROJECT TITLE: CONTRACT#: Bointon Beach Watersh~d Management Plan H0861 7 MODIFICATION #: N/A SUB-RECIPIENT REPRESENTATIVE POINT OF CONTACT Angela Prymas, P.E. Senior Engineer 124 E Woolbright Rd Boynton Beach, FL 33435 Enclosed is your copy of the proposed contract/modification between City of Boynton Beach and the Florida Division of Emergency Management (FDEM). COMPLETE D This form is required to be included with all Reviews, Approvals , and Submittal D Signed electronic copy D Reviewed and Approved D Signed and Dated by Official Representative D Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman , Mayor, or Chief D Attachment I -Federal Funding Accountability and Transparency Act (FFATA)- completed , signed , and dated D N/A for Modifications or State FunQed Agreem_ents D Attachment K -Certification Regarding Lobbying -completed, signed, and dated D N/A for Modifications or State Funded Agreements D Electronic Submittal to the Grant Specialist Daniel Ring on If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 270-7423 or email me at marilyn.montgomery@em.myflorida.com . 516 Agreement Number: H0861 Project Number: 4337-4-Pg FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.1 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.1, "pass-through entity" means "a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "Sub-Recipient" means "an entity, usually but not limited to non- Federal entities that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "Federal award" means "Federal financial assistance that a non- Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.1, "subaward " means "an award provided by a pass-through entity to a Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.332: Sub-Recipient's name: Sub-Recipient's unique entity identifier (UEI/FEIN): Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub- Recipient by the pass-through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: City of Boynton Beach FYYMUAVJDKC6 / 59-6000282 FEMA-DR-4337-FL September 13, 2018 Upon execution thru September 30, 2023 $246,832.50 $246,832.50 $246,832.50 Watershed Management Plan Federal Emergency Management Agency FL Division of Emergency Management marilyn. montgomery@em.myflorida.com 97.039 Hazard Mitigation Grant Program N/A N/A 517 THIS AGREEMENT is entered into by the State of Florida , Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Divisionft), and City of Boynton Beach, (hereinafter referred to as the "Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following : (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302(a) provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971 , Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled MUniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards ." b. As required by section 215.971 (1 ), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform . ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the c riteria for evaluating the successful completion of each deliverable. iii. A provision spec ifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations in cu rred during the specified agreement period. v . A provision specifying that any balance of unobligated funds wh ich has been advanced or pa id must be refunded to the Division. 2 518 vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by fill applicable State and Federal laws, rules and regulations, including those identified in Attachment B . Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regu lation applies. (3) CONTACT a. In accordance with section 215.971 (2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Mon itor and document Sub-Recipient performance; and , ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Marilyn Montgomery Project Manager Bureau of Mitigation Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-270-7423 Email: marilyn.montgomery@em.myflorida.com The Division's Alternate Grant Manager for this Agreement is: Laura Dhuwe Project Manager Hazard Mitigation Grant Program Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Telephone: 850-879-0872 Email: watershedplanning@em .myflorida.com 3 519 1. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Angela Prymas, P .E. Senior Engineer 124 E Woolbright Rd Boynton Beach , FL 33435 Telephone: 561-742-6421 Email: prymasa@bbfl.us 2. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts , any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end on September 30 , 2023 , unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C .F.R. §200.1 , the term "period of agreement" refers to the time during which the Sub-Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with section 215.971 (1 )(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. 4 520 b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $246,832.50. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award . I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud , false statements , false claims or otherwise. (U .S . Code Title 18, Section 1001 and Title 31 , Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A, that clearly delineates: i. The required minimum acceptable level of service to be performed; and , ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.1 as "a target level of performance expressed as a tangible , measurable objective, against which actual achievement can be compared." It also remains c onsistent with the requirement, contained in 2 C .F.R. §200.329, that the Division and the Sub-Recipient "relate financial data to performance goals and objectives of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation-personal services") and 2 C.F.R. §200.431 ("Compensation-fringe benefits"). If the Sub-Recipient seeks rei mbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (See 29 U.S.C . §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431 (a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub-Recipient. 2 C .F.R. §200.431 (b) provides that the cost of fringe benefits in 5 521 the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C .F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061 , Florida Statutes, which Includes submission of the claim on the approved state travel voucher. If the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061 (6)(b ), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy ; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures Incurred by the Sub-Recipient. j . As defined by 2 C .F.R. §200.1, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an Incorrect amount (Including overpayments and underpayments) under statutory, contractual , administrative, or other legally applicable requ irements; and, ii. Any payment to an ineligible party, any payment for an inelig ible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C .F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division , or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right 6 522 of access also includes tfmely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained . b. As required by 2 C .F.R. §200.332(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.334, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement , for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: i. If any litigation , claim, or audit is started before the expiration of the 5-year period , then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient. v. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). 7 523 d. In accordance with 2 C.F.R. §200.335, the Federal awarding agency must request transfer of certain records to its custody from t he Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.336, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more t han an original a nd two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided t hat they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C .F.R. §200.303, the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient cons iders sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011 , Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private ent ities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then , to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records , available to the public in accordance with chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to 8 524 perpetuate, com municate, or formalize k nowledge qualify as public records s ubject to pub lic inspection. The mere receipt of public f unds by a p rivate entity, standing alone, is insufficie nt to bring t hat entity within the ambit of the public record requ irements. However, when a pub lic entity delegates a public f unction to a p rivate entity, the records generated by t he pr ivate entity's performance of t hat duty become public records. Th us, the nature and scope of t he services provided by a private entity determine w hether that entity is acting on behalf of a public agency and is therefore subj ect to the requirement s of Florida's Public Records L aw. i. The Sub-Recip ient sha ll maintain all records for t he Sub-Recipient and for all subcontractors or consultants to b e paid f rom f unds provided under this Agreement, including documentat ion of all program costs, in a form suffi cient to det ermine compliance w ith the requ irements and objectives of the Budget and Scope of Work -Attachment A -and all other applicable laws an d regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-7671 Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11) AUDITS a. The Sub-Recipient shall comp ly with the audit requirements contained in 2 C .F .R. Part 200, Subpart F. b . In accounting for the receipt and expenditure of funds under this Agreement, the Sub-Recipient shall follow Generally Accepted Accou nting Principles ("GAAP"). As defined by 2 C .F.R. §200.1, GAAP "has the meaning sp ecified in accountin g standards issued by t he Government Accounting Standards Board (GASB) and the F in ancial Accounting Standards Board (FASB)." c . When conducting an audit of t he Sub-Recipient's performance under this Agreement, the Division shall u se Generally Accepted Government Auditing St andards ("GAGAS"). As defined by 2 C.F.R. §200.1 , GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the Un ited Stat es, which are applicab le to financial audits." d . If an audit shows that all or any po rt ion of the funds disbursed were not spent in accordance with t h e condition s of this Agreement, th e Su b-Recipient sha ll be held liable for reimbursement to the Division of all funds not s p ent in accordance with th ese applicable regulations and Agreement provisions within th irty (30) days after th e Div ision has notified the Sub-Recipient of such non- compl iance . 9 525 e. The Sub-Recipient shall have a·II audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit mu st be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f . The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C .F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester .census.gov/fac/collect/ddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: (12) REPORTS DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and t he expenditure of funds under this Agreement, in addition to any other information requested by the Division . . b. Quarterly reports are due to the Division no later than fifteen (15) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31 , June 30, September 30 , and December 31 . c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. 10 526 d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division . f. The Sub-Recipient shall provide additional reports and information identified in Attachment F. (13) MONITORING a. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods , and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement and reported in the quarterly report . b . In addition to reviews of aud its, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division . In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections , reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition , the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division , and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of 11 527 sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becom ing liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c . Withhold or suspend payment of all or any part of a request for payment; d . Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds . e. Exercise any corrective or remedial actions, to include but not be limited to: 12 528 i. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f . Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or falls to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division , or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17) TERMINATION a . The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty (30) calendar day's prior written notice. c . The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18) PROCUREMENT 13 529 a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations , to include 2 C .F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As required by 2 C .F.R. §200.318(i), the Sub-Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following : rationale for the method of procurement, selection of contract type , contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub- Recipient shall document, in its quarterly report to the Divi sion , the progress of any and all subcontractors performing work under this Agreement. d. The Sub-Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and requ ired by law. e. As required by 2 C .F.R. §200.318(c)(1 ), the Sub-Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." f. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any procurement under this agreement "i n a manner providing full and open competition." Accordingly, the Sub-Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv . Execute noncompetitive contracts to consultants that are on retainer contracts; v. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; 14 530 vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. g. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub-Recipient, as required by 2 C .F.R. §200.319(c), shall not use a geographic preference when procuring commodities or services under this Agreement. h. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e . sealed bids) in accordance w ith 2 C .F.R. §200 .320(d) as well as section 287.057(1 )(a), Florida Statutes. i. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C .F .R. §200.320(2) as well as section 287.057(1 )(b), Florida Statutes . j . For each subcontract, the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in section 288.703, Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C .F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). k . If the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall review its competitive solicitation and subsequent contract to be awarded for compliance w ith the procurement standards in 2 C .F.R. §§200.318 through 200.327 and required contract provisions in Appendix II to 2 C .F.R. Part 200. If the Sub-Recipient publishes a competitive solicitation or executes a contract that is not in compliance with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.327 or t he requirements of Append ix II to 2 C .F.R. Part 200, then the Sub-Rec ipient is on notice that the Division may: 1. Terminate this Agreement in accordance with the provis ions outlined in paragraph (17) above; or, 2 . Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. I. FEMA has developed helpful resources for subgrant recipients related to compliance with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.327 and required c ontrac t provisions in Appendix II to 2 C .F.R. Part 200. These resources are generally available at https ://www. fem a .gov /procurement-disaster-assistance-team. 15 531 (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In t he event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 -Funding Sources ii. Attachment A -Budget and Scope of Work iii. Attachment B -Program Statutes and Regulations iv. Attachment C -Statement of Assurances v. Attachment D -Request for Advance or Reimbursement vi. Attachment E -Justification of Advance Payment vii. Attachment F -Quarterly Report Form viii. Attachment G -Warranties and Representations ix. Attachment H -Certification Regarding Debarment x. Attachment I -Federal Funding Accountability and Transparency Act xi. Attachment J -Mandatory Contract Provisions xii. Attachment K -Certification Regarding Lobbying (20) PAYMENTS a . Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested , the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services . The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c . If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division 16 532 to make any further payment of funds shall terminate , and the Sub-Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (21) REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22) MANDATED CONDITIONS a . The validity of this Agreement is subject to the truth and accuracy of all t he information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c . Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d . The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list 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 build ing or public work, may not submit bids on leases of real property to 17 533 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals or affiliates: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible , voluntarily excluded or disqualified from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining , attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal , state or local) with commission of any offenses enumerated in paragraph (22) f . ii. of this certification ; and , iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal , state or local) terminated for cause or default. g. In addition, the Sub-Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub- Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract with any subcontractor. h. The Division reserves the right to unilaterally cancel th is Agreement if the Sub- Rec ipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. i. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. j. The State of Florida will not intentionally award publicly-funded c ontracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U .S .C . Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation 18 534 of Section 274A(e) of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. k. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. I. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287 .135(5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits re imbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organizat ion unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch , or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency . d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, o r an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal , amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 19 535 connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a res ult of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c . Within thirty (30) days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is 20 536 inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented , copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. (26) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows : i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation , gender identity, or national origin . The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or term ination; rates of pay or other forms of compensation; and selection for tra ining, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion , sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because 21 537 such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations , and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated , or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of 22 538 such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c . The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of suc h compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recip ient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from , or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and wi ll carry out such sanctions and pena lties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administeri ng agency or the Secretary of Labor pursuant to Part 11 , Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the admin istering agency may take any or all of the following actions: cancel , termi nate, or suspend in whole or in part this grant (c ontract, loan , insurance , guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27) COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, un less exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply w ith 18 U .S.C. § 874, 40 U.S .C . § 3145, and the requirements of 29 C .F .R. pt. 3 as may be applicable , which are incorporated by reference into this contrac t. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these c lauses in any lower tier subcontracts. 23 539 The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C .F.R. § 5.12. (28) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, eac h contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S .C . 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation . (29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30) SUSPENSION AND DEBARMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C .F.R. pt. 180 and 2 C .F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C .F.R. § 180.935). ii. The contractor must comply with 2 C .F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 24 540 iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies , including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C .F.R. pt. 3000, subpart C while th is offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI-LOBBYIN G AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 U .S .C . § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each t ier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant , or any other award covered by 31 U.S .C . § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. If this subgrant agreement amount is $100,000 or more, the Sub-Recipient, and subcontractors as applicable, shall sign Attachment K-Certification Regarding Lobbying . (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a . If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to pennit maximum participation by small and minority businesses, and women's business enterprises; 25 541 iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v . Using the services and. assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph . b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d . The requirement to divide total requirements, when economically feasible , into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting "). (33) ASSURANCES The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 26 542 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. By:_...L.~";:;J=~~~~----------- Name and Title : f\'('\.JQ__ \..~ V\J2.,. 1 '\J~CA, ~~ <t/ Date: ~lvv.emk-<,r H, 2{V-c). FEID#: _________ _ STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: _________________ _ Name and Title: ____ K ___ e ___ v ___ in ___ G ___ u __ th ..... r ...... ie ... , =-D __ ire ___ c __ to __ r _____ _ Date: _____________ _ 27 543 EXHIBIT -1 T HE FOLLOWING FEDERAL RESOURCE S ARE AWARDED TO THE SUB-RE CIPIENT U NDER T H IS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domest ic Assistance title and number: 97.039 Award amount: $ 246,832.50 T HE FOLLOWING COMPLIANCE REQU IREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C .F.R. Part 200 Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards • The Robert T . Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C . 5 12 1 et seq ., and Related Authorities • Sections 1361(A) of the National F lood Insurance Act of 1968, 42 U.S .C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 • 31 C.F.R. Part 205 Rules and Procedures for Funds Transfers Federal Program: 1. Sub-Recipient is to use funding to perform the following eligible activities : • Mitigation Planning Project 2. Sub-Recipient is subject to all administrative and financ ial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. 28 544 Attachment A Watershed Maste r Pl an n ing Initiative Boynto n Beach Wate rshed Management Pla n Scope of Work and Budget Statement of Purpose T he F lorida Division of Emergency Management's (the D ivision) Bureau of Mitigation prioritizes flood risk management as an integral part of its mission. The goals of th is project are to assist local communities in developing a Watershed Master P la n for the purposes of moving up in the Community Rating System (CRS) of the National Flood Insurance P rogram (NFIP ) and to increase resiliency in Florida comm un ities. This project is funded through the Hazard Mitigation Gra nt Program (H MGP) DR-4337-004-P, as approved by the Division and t he Fed eral E mergency Management Agency (FEMA) to create and update Watershed Master Plans (WMPs) throughout t he state of Florida. The Project Manager for the Division will be: Laura Dhuwe, Project Manager Hazard Mitigation Grant Program Florida Division of Emergency Management 850-879-0872 watershedplanning@em.myflorida.com Scope of Work The D ivision will coordinate with eligible Florida entities to p roduce a Watershed Master Plan (WMP) for credit under CRS. This project is preceded by the WMP Pilot Program, which consisted of research and the creation of gu idance materials to ensure a consistent statewide approach to WMP development. Gu idance materials produced in the WMP Pi lot Program can be found at: https://www.floridadisaster.org/dem/mitigation/watershed-planning-initiative or https://www.fau.edu/engineerinq/research/cwr3/clearinghouse/. The Su b-Recipient may use other materials provided by ISO and located at https://fema.gov. T he Sub-Recipient shall follow the Credit Criteria for Element WMP under CRS Activity 452.b (please refer to the 2017 CRS Coordinator's Manual1 and the 2021 Addendum to the Coordinator's Manual2). The Sub-Recipient will finalize the process by submitting t heir WMP to ISO/CRS for review and p rovi d ing the Division w ith a signed letter from their applicable county's Local Mitigation St rategy (LMS) Chairperson attesting that the WMP will be adopted in the Sub-Recipient's next LMS update. Tasks nec essary to the completion of a WMP include: Task 1 -Create Preliminary Project Plan b ased on Initial Flood Modeling, and Submit Draft WMP The Sub-Recipient shall c reate a preliminary P roj ect Plan, which is a narrative detailing how the initia l flood modeling has sufficient detail on the data that went into the model, model specifications, and possible solutions for addressing flood risks that the model identified . There must be enough detail in the preliminary Project Plan to verify the required analysis has been completed. Specifically, the requ ired analysis for the preliminary P roject Plan shall include a ll the Minimum Criteria required for a creditable WMP3 under the two categories of Dat a Inventory and Collection a nd Initial Flood Modelin g as follows: 1 https://www.fema .gov/sites/defau1Vfiles/documents/fema_community-rating-system_coo rdinators- manual_2017.pdf 2 https://www.fema .gov/sit es/defau1Vfi1es/documents/fema_community-ra ting -system_coordinator- manual_addendum-2021.pdf 3 See 2017 CRS Coordinator's Manual at https://www.fema.gov/sites/defau1Vfi1es/documents/fema community-rating-system coordinators- manual 2017.pdf; the 2021 Addendum to the Coordinator's Manual at 29 545 Data In ventory and Collection: 3. Data inventory (used for initial flood modeling): a. Inventory of ground characteristics (e.g., soil type, impervious surfaces, wetlands) b. Inventory of existing drainage system c. Inventory of data availability 4. Locations of: a. critical facilities, cultural/historical, and other places/areas of interest b. vulnerable areas and their descriptions c. natural and constructed drainage systems and channels 5. Existing regulations and plans in place for reducing flood risks Initial Flood Modeling 6. For current/existing conditions land use, future land use, and the fully developed watershed scenarios: a. Evaluations of the existing drainage system's runoff response from design storms using a hydrologic and hydraulic study with a hydrograph approach under current and predicted future land use conditions with assessments of the impacts of climate change and sea level rise for 10-, 25-& 100-year storm events b . For currently fully developed watersheds: studies of existing development and the potential impact of any redevelopment c. Evaluations of different management scenarios for at least the 100-year rainfall event for a fully developed watershed at a scale sufficient to determ ine local problems. d. Determinations of the change in runoff from current to future, fully developed conditions e. Recommendations for managing at least the 10-year and the 25-year rainfall events 7. For communities impacted by sea level rise: evaluations of the impacts of the NOAA Intermediate 2100 sea level rise scenario on the 100-year rainfall event a. It is highly recommended to include 2 other scenarios up to 2 100, which could be based on sea level for 2 time frames into the future or a number of feet of sea level rise within this timeframe. 8. The plan must include a strategy and action plan to address the results of the studies for: a. controlling the timing of peak flows to prevent or minimize problems for the entire watershed due to new development, redevelopment, and fully developed conditions b. the impact of climate change and sea level rise on fully developed conditions c. at least the 25-year rainfall event in fully developed conditions, with a list of possible solutions for addressing at least the 25-year rainfall event d. at least one event larger than the 25-year rainfall event, with a list of possible solutions for addressing this event e . ensuring that flood hazards from the 10-year and the 25-year events are not increased by future development (the 2-year storm is also recommended). 9. The community must adopt the final plan. 10. If applicable, WMP plans more than 5 years old must be evaluated to ensure that they remain applicable to current conditions . For instance, are previous assumptions on hydrology, sea level rise and future land use still applicable. https://www.fema .gov/sites/default/files/documents/fema community-rating-system coord inator- manual addendum-2021.pdf; and other materials provided by ISO located at https://fema .gov. 30 546 Deliverable 1: An (1) electronic copy of the preliminary Project Plan; (2) a separate electronic document listing how and where in the preliminary Project Plan the Minimum Criteria listed above are met; and (3) a separate electronic document clarifying the Sub-Recipient's existing data inventory at the time of contract execution, how the data are used, and which tasks and efforts have already been completed prior to contract execution. These three electronic documents must be submitted to the Division for review no later than 11 months after the beginning of the Period of Performance. The Sub-Recipient will provide Deliverable 1 to the Division via email to watershedplanning@em.myflorida.com. Payment for Task 1 will occur once the Sub-Recipient has received feedback from the Division confirming that their preliminary Project Plan has been approved. To be approved, th e preliminary Project Plan must show how all the listed Minimum Criteria required for a creditable WMP are intended to be met. The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub-Recipient shall provide the Division with the following no later than 11 months from the beginning of the Period of Performance before payment will be processed. Jurisdiction Specific Comments for Task 1: Data collection for structures -The Sub-Recipient's project will include a high-quality stormwater inventory which is a critical foundational dataset for any stormwater program. It enables the government to more efficiently operate and maintain the system , evaluate capital improvement projects, adapt to climate change , apply for funding , and markedly improve public safety -among many other benefits. Specifically, the project will include conducting a survey to create a stormwater inventory that includes: Diameters Pipe Material Inverts and other key elevations Structure information and photos Pipe Length A geodatabase/GIS with the information. This dataset will directly interface with , and greatly enhance , the City's existing ICPR model. Initial Flood Modeling and Draft WMP Project Plan -The Sub-Recipient's project will evaluate the future conditions, including the impacts of a median projected sea level rise (based on the National Oceanic and Atmospheric Administration's (NOM's) "intermediate-high" projection for the year 2100) on the local drainage system during multiple rainfall events, including the 100-year rai nfall event. This option is for coastal communities with no natural or constructed channels . Guidance on sea level rise projections for CRS purposes can be found in Section 404 of the CRS Coordinator's Manual. Future-conditions should include a projected change in land use to determine the change in runoff from current to future, fully developed conditions. The NOAA intermediate high projection for Boynton Beach is 3.9 ft NAVD88 of sea level rise which must at a minimum be used for the SLR evaluation. During the project, the Sub-Recipient's project team will submit preliminary data for a courtesy review to identify any areas where the project needs to focus on or modify. Additionally, the Sub-Recipient will clarify in writing which tasks and efforts have already been completed prior to contract execution. With the mapping efforts, the Sub-Recipient shall provide the source and dates of data acquisition, locational accuracy, and map projection and coordinate system information of geospatial data. Task 2 -Revise Draft WMP and Submit Completed WMP After receiving feedback from the Division on the preliminary Project Plan from Task 1 (Deliverable 1 ), the Sub-Recipient shall finalize the flood modeling process and submit their completed WMP. At a minimum, the modeling and WMP must meet the Minimum Criteria required for a creditable WMP shown above. The Sub-Recipient shall update theirWMP, if revisions are necessary based on the Division's feedback, and submit the completed WMP to the Division for review. 31 547 Throughout the activities for Task 2 , the Sub-Recipient shall coordinate with the applicable LMS working group to ensure that the working group will adopt the WMP as an annex in the next LMS update, and use the data to inform the risk assessment and mitigation strategy. Deliverable 2: An electronic copy of the completed WMP will be submitted to the Division no later than 12 months after the beginning of the Period of Performance. If applicable , the Sub-Recipient will revise the submitted WMP to comply with required revisions and feedback from the Division, and then resubmit the WMP to the Division no later than 12 months after the beginning of the Period of Performance. The Period of Performance begins with the date of execution of the subgrant agreement by both parties , and the Sub-Recipient shall provide the Division with the following no later than 12 months from the beginning of the Period of Performance before payment will be processed: 1. the completed WMP4 (after incorporating comments from the Division , if applicable); and 2. a signed letter from the applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the completed WMP will be adopted and used to update the risk assessment and mitigation strategy during the next LMS plan update. The Sub-Recipient will provide Deliverable 2 to the Division via email to watershedplanning@em .myflorida.com . Method of Compensation: All deliverables submitted to the Project Manager or to the Division shall be completed by the Sub- Recipient and approved for completeness and accu racy by the Project Manager or the Division to qualify as reaching the minimum required criteria for each invoice period. All tasks shall be performed under the direct supervision of the Division . The project shall be reimbursed upon receipt of invoices submitted at the completion and acceptance of each deliverable defined above unless this agreement is terminated early. This is a cost reimbursement aQreement, which will be reimbursed on a fixed-fee, fixed-price aQreement as follows: Deliverables Total Due Date Deliverable Value Task 1 -Create Preliminary Project Plan based $191,920.00 11 Months after on Initial Flood Modeling, and Submit Draft beginning of POP WMP Task 2 -Revise Draft WMP and Submit $137,190.00 12 months after Comoleted WMP beginning of POP Total $329,110.00 Financial Consequences for Non-Performance: The failure to provide the Division with the required deliverables within the stated timelines shall result in a penalty of 5 % of the determined deliverable amount for each late deliverable. Penalty may be waived based upon reasonable explanation with documentation by Sub-Recipient. Should the Sub-Recipient determine that there are significant barriers to conduct any of the minimum deliverables due to extenuating circumstances, the Division may re-evaluate performance expectations upon a formal request from the Sub-Recipient. If the Sub-Recipient fails to comply with any terms of the agreement, the Divis ion shall take one or more of the following actions: 1. Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2. Disallow all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate the current agreement for the Sub-Recipient's project; 4 See the Minimum Criteria required for a creditable WMP listed above. 32 548 4 . Withhold further agreements for the project; or 5. Take other actions that are legally allowed. Schedule of Work Task(s) Number of Months to Complete Field work and data collection for structures (Task 1) 3 Initial Flood Modeling (Task 1) 6 Preliminary Project Plan (Task 1) 2 Revise Draft WMP and Submit Completed WMP (Task 2) 12 Total Period of Performance (maximum of 12 months): 12 Total Period of Performance The Period of Performance for this project begins on the date of execution of the subgrant agreement by both parties and ends 12 months later, but no later than September 30, 2023. Budget Cost Item Project Cost Federal Share Non-Federal Share Personnel Frinae Benefits Travel Eauipment Suoolies Contractual $329 ,110.00 $246,832.50 $82,277.50 Other Project Total: $329,110.00 $246,832.50 $82.277.50 Funding Summary Totals Federal Share: $246,832.50 75 .00% Non-Federal Share: $82,277.50 25.00% Total Proiect Cost: $329,110.00 100.00% 33 549 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 C .F.R. Parts 7 , 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance-February 27, 2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement. In addition to the above statutes and regulations , the Sub-recipient must comply with the following : The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the App lication and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein , the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub-recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub-recipient and any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to chapter 163, Part II , Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Sub-recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub-recip ient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required . If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub-recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project. 34 550 (1) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; (2) No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space; b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 C.F.R. §206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub-Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub-recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (2 C.F.R. § 200.308); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub-recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion , or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty (60) days prior to the project expiration date. The Sub-recipient assures that it w ill comply with the following statutes and regulations to the extent applicable: (1 ) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352, Title 31 , US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28, Florida Statutes (7) Chapter 119, Florida Statutes (8) Section 216.181(6), Florida Statutes 35 551 (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act ( 11) Section 112.061 , Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011 , Florida Statutes (14) 2 C.F.R. Part 200 -Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A , Title II of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination , 28 C.F.R., Part 35 and Part 39 (23) 42 U.S.C. 5154a 36 552 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard m itigation agreement with the Division of Emergency Management (DEM), including all u nderstandings and assurances contained in it, and directing and authorizing the Sub-recipient's ch ief administrative officer or designee to act in connection with the application and to provide such additional information as may be required ; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub-recipient or its designees or agents, no member of the governing body of the locality in which this program is situated , and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub-recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub-recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub-recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub-recipient. Any cost incurred after a notice of suspension or termination is received by the Sub-recipient may not be funded with funds provided under this Agreement unless previously approved in writing by th e Division. All Sub-recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with : (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C . 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race , color, or national origin, be excluded from participation in , be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub- recipient received Federal financial assistance and will immediately take any meas ures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub- 37 553 recipient, this assurance shall obligate the Sub-recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to section 112.313 and section 112.3135, Florida Statutes; (h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Chapter 87 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (i) It will comply with the provisions of 5 U .S.C. 7323 (further known as the Hatch Act) which limits the political activities of employees; G) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 50, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm (k) It wilt require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 C .F.R. Section 101- 19.6 for general type buildings and Appendix A to 24 C.F.R., Part 40 for residential structures. The Sub-recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (I) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (54 U .S.C.), Executive Order 11593, 36 C.F.R., Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (54 U.S .C. 3125) by: 38 554 (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R., Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties . (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 54 U.S.C., and implementing regulations in 36 C.F.R., Part 800. (4) When any of the Sub-recipient's projects funded under this Agreement may affect a historic property, as defined in 36 C .F.R., Part 800.16 (1)(1 ), the Federal Emergency Management Agency (FEMA) may require the Sub-recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub-recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees ; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub-recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Sub-recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub-recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within fifteen (15) calendar days of receipt of the treatment plan, FEMA may direct the Sub-recipient to implement the treatment plan. If either the Council or the SHPO object, Sub-recipient shall not proceed with the project until the objection is resolved. (6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be 39 555 eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Sub- recipient to stop construction in the vicinity of the discovery of a previously un identified property that may eligible for inclusion in t he National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub- recipient further acknowledges that FEMA may require the Sub-recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA co ncludes consu ltation with the SHPO. The Sub-re cipient also acknowledges that FEMA wi ll require, and the Sub-recipient shall comply w ith , modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub-recipient acknowledges that, unless FEMA specificall y stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a h istoric p roperty, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m) It will comply with applicable provisions of the following laws and policies prohibiting discrimination: 1. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based on race , color, or national origin (including limited English proficiency). 2 . Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination based on disability. 3. Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex in education programs or activities. 4 . Age Discrimination Act of 1975, which prohibits discrimination based on age. 5. U.S . Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion in social service programs . (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4541-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C . 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq .) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2 131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (t) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U .S .C 2000c and 42 U .S.C . 3601- 3619), as amended, relating to non-discriminat ion in the sale, rental , or financing of housing, and 40 556 Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin ; (u} It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7675; (v) It will comply with the Clean Water Act of 1977, as amended, 33 U.S.C. 1251-1388 (w) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U .S .C. 4701-4772; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended , 54 U.S.C.; (z) It will comply with environmental standards wh ich may be prescribed pu rsuant to the National Environmental Policy Act of 1969, 42 U.S.C . 4321-4347; (aa) It w ill assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 54 U.S .C . 3125 (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S .C . 794, regarding non- discrimination ; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j-27, regarding the p rotection of underground water sources ; (dd) It will comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Property Acquisit ion Policies Act of 1970, 42 U.S.C . 4621-4638, wh ich provide for fa ir and equitable treatment of persons displaced or whose property is acqu ired as a result of Federal or Federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S .C . 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resourc es Act of 1977, 16 U.S.C. 3501-3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U .S .C . 1451-14674; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U .S.C. 661-668. (jj) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub- recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon . 41 557 (3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub-recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U .S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c . Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Sub-recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. (8) Obtain all required permits. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S .C. 1857), Section 508 of the Clean Water Act (33 U.S.C. 1251-1388), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R., Part 15 and 61 ). This clause shall be added to any subcontracts. (12) Provide documentat ion of public notices for demolition activities. 42 558 Atta chment D REQUEST FOR ADVANCE OR REIMBURSE ME NT OF HAZARD MITIGAT ION ASSISTANCE PROGRAM F UNDS SUB-RECIPIENT: City of Boynton Beach REMIT ADDRESS: Mara Frederiksen, MBA, SSBBP, PMQ, Director of Financial Services; Financial Services, P.O. Box 310 CITY: _B::.o.:;.,y<..:,.n"'-toa.cn.:....:B::.e=-=a=-=c..:..h __________ STATE: ....:...;FL:::..._ ____ ZIP CODE: PROJECT TYPE: Watershed Management Plan PROJECT#: 4337-4-Pg PROGRAM : ....:....:H=az::::a:.:..r=-d ..:.:M.:..:.it::..ig>-=a:.::ti=onc:.....:::G..:..ra::.;.n.:..:.t ..:..P..:..:ro=--gz.:..r=amc:.:____ CONTRACT #: H0861 BUDGET: ________ FEDERAL SHARE : LOCAL: _______ SETTLED? ADVANCED RECEIVED: N/A AMOUNT: Invoice Period: ________ through Payment No: Total of Previous Payments to Date: (Federal) 33425 Total of Previous SRMC to Date: (SRMC Federal) Total Federal to Date: _____________ (Total Federal Paid) Eligible Amount Obligated Federal Obligated Local D ivision Use O nly 100% Amount Non-Federal (Current Request) 75% 25% Approved Comments TOTAL CURRENT REQUEST: ~$ _____ _ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, d isbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any fa lse, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31 , Sections 3729-3730 and 3801-3812. SUB-RECIPIENT SIGNATURE: NAME: ______________ T ITLE : ___________ DATE: _____ _ T O B E COMPLETE D B Y T HE DIVISION APPROVED PROJECT TOTAL ____ $ _____ _ APPROVED SRMC TOTAL: ~$ _____ _ DIVISION DIRECTOR APPROVED FOR PAYMENT __,_$ _____ _ DATE 43 559 Attachment D (cont.) SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION ASSISTANCE PROGRAM SUB-RECIPIENT: _C_ity.__of_B_o_.y._n_to_n_B_e_a_c_h _______ PAYMENT#: PROJECT TYPE: _W_a_te_r_sh_e_d_M_a _na-g~e_m_e_n_t _P_la_n _____ PROJECT#: 4337-4-Pg PROGRAM : _H_az_a_r_d_M_i~tig~a_ti_o_n _G_r_an_t_P_r_og_r_a_m ____ CONTRACT#: H0861 REF NO2 DATE3 DOCUMENTATION " (Check) ELIGIBLE AMOUNT COSTS (100%) 1 2 3 4 5 6 7 8 This payment represents ~ completion of the project. TOTAL 2 Recipient's internal reference number (e .g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) 3 Date of delivery of articles, completion of work or performance services. (per document) 4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved proj ect line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 44 560 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: City of Boynton Beach If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of$ ______ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety (90) days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three (list applicable line items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOT AL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance. 45 561 Attachment F QUARTERLY REPORT FORM Instr ucti ons: Complete and submit this form to State Project Manager within 15-days after each quarter: SUB-RECIPIENT: City of Boynton Beach PROJECT#: _4_3_3_7_-4_•P~g~------- CONTRACT #: H0861 PROJECT TYPE: Watershed Management Plan -------------- PROGRAM : Hazard Mitigation Grant Program QUARTER ENDING: Advance Payment Information: Advance Received D N/A D Amount:~$ ______ _ Advance Settled? Yes D No D Financial Amount to Date: S ub-Recipient Total Project Expendit ures to d ate (federal & local): i Target Dates (State Agreement): Contract Execution Date: __________ Contract Expiration Date: Date Deliverables Submitted: __________ Closeout Requested Date: ________ _ Describe Milestones achieved during this quarter: Project Proceedin g on Schedule? D Yes D No (If No, Describe under Iss ues below) Percentage of Milestones completed to Date: __ % Describe Act.iviti es -Milestones completed this quarter only: Schedule of the Mileston es-Activi ties : Milestone --D ates (estimated) State Contractina Closeout Com1Jliance I Estimated Proiect Com1Jletion Date: Is sues or circumstances affecti ng completion date, milestones, scope of work, and/or cost: Cost Status: D Cost U nchanged D Under Budget D Over Budget Cost / Financial Comments: NOTE: Events may occur between quarterly reports, which have significant impact upon your project (s), such as anticipated overruns, changes in scope of work, extensions. Contact the Division as soon as these conditions are known, otherwise you could be non-compliant with your sub-grant award. I Sub-Recipient Contract Rep resentative (POC): ----------------------Signature: Phone: ----------------------- -To b e c omple ted by Florida Divisio n o f Emergency Management Proiect Manager - Project Ma nager Sta te me nt: D No Action Required, OR D Action Required: PM Percentage of Activates competed per P M Review QR Milestones Spreadsheet: % Date Reviewed: _______ Reviewer: _______________ _ Project Manager 46 562 Financial Management Attachment G Warranties and Representations The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C .F.R. §200 , Part D-Post Federal Award Requirements-Procurement Standards (2 C.F.R. §§200.317 through 200.327). Business Hours The Sub-Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on s ite, from : 8:00 AM -5:00 PM, Monday Thru Friday, as applicable. Licensing and Permitting All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-Recipient. 47 563 Attachment H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions The prospective subcontractor,----------------------~ of the Sub-Recipient certifies, by submission of t his document, that neither it, its principals, nor ,affiliates are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this transaction by any Federal department or agency. SUBCONTRACTOR By: ------------------Signature Name and Title Street Address City, State, Zip Date 48 City of Boynton Beach Sub-Recipient's Name H0861 DEM Contract Number 4337-4-Pg FEMA Project Number 564 Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federa l Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires infonnation on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/. The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM " or "Division ") must use to capture and report sub-award and executive compensation data regarding first-tier sub-awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This "Instructions and Worksheet• is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent i nformation below should be filled out. signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following lnfonnation must be provided to the FDEM prior to the FDEM's Issuance of a sub- award (Agreement) that obligates $25,000 or more In federal funds as described above. Please provide the following I nformation and return the signed fonn to the Division as requested. PROJECT#: _4"'""3'"""'3-'-7-4 ___ -P_..9..._ ___________ _ FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: _$...__246...,...18_32._._50 _________ _ OBLIGATION/ACTION DATE: September 13, 2018 SUBAWARD DATE (if applicable): 09/16/2022 ----------- UEID/SAM#: FYYMUAVJDKC6 UEID/SAM# +4: 49 565 *If your company or organization does not have a UEID/SAM number, you will need to obtain one from https://sam .gov/content/entlty-registrationThe process to request a UEIO/SAM number takes about ten minutes and is free of charge. BUSINESS NAME: The City of Boynton Beach OBA NAME (IF APPLICABLE): Municipal Government ----------------------PRINCIPAL PLACE OF BUSINESS ADDRESS: 100 E Ocean Ave ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY Boynton Beach STATE FL ZIP COOE+4** ----------------33435-4515 PARENT COMPANY UEIO/SAM# (if applicable): N/A CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): 97.039 DESCRIPTION OF PROJECT (Up to 4000 Characters) The Division will coordinate with eligible Florida entities to produce a Watershed Master Plan (VVMP) for credit under CRS. This project is preceded by the WMP Pilot Program, which consisted of research and the creation of guidance materials to ensure a consistent statewide approach to VVMP development. Guidance materials produced in the WMP Pilot Program can be found at: https://www.floridadisaster.org/dem/mitigation/Watershed-pfann ing-initiative or https://www.fau.edu/engineering/research/cwr3/clearinghouseJ. The Sub-Recipient may use other materials provided by ISO and located at https://fema.gov. The Sub-Recipient shall follow the Credit Criteria for Element WMP under CRS Activity 452.b (please refer to the 2017 CRS Coordinator's Manual 5 and the 2021 Addendum to the Coordinator's Manual11). The Sub-Recipient will finalize the process by submitting their WMP to ISO/CRS for review and providing the Division with a signed letter from their applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the VVMP will be adopted in the Sub-Recipient's next LMS update. Verify the approved project description above, if there Is any discrepancy, please contact the project manager. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: 124 East VVoolbright Road ADDRESS LINE 2: ADDRESS LINE 3: CITY Boynton Beach STATE FL ZIP CODE+4-33435.-1515 --- CO NGRESSIO NAL DISTRICT FOR PRIN CI PAL PLACE OF PROJECT PERF OR MAN CE: FL21 11 https://www.fema.gov/sites/default/files/documents/fema_ community-rating-system_coordinators- manual_2017 .pdf 11 https://www.fema .gov/sites/defauMiles/documents/fema_community-rating-system_coordinator- manual_addendum-2021 .pdf 50 566 '"'Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 C.F.R. 170.320; , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes □ No~ If the answer to Question 11s "Yes," continue to Question 2. If the answer to Question 1 Is "No", move to the signature block below to complete the certification and submittal process. 2. Does the public have access to Information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act. of 1934 (15 U.S.C. 78m(a), 78o(d)) Sect.ion 6104 of the Internal Revenue Code of 1986? Yes!K] No □ If the answer to Question 2 ls "Yea," move to the signature block below to complete the certification and submittal proc888. [Note: Securities Exchange Commission Information should be acceaslble at http//www.sec.govlanswers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 Is "No" FFATA reporting Is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most hlghly compensated "Executives", In rank order, In your organization . For purposes of this request , the following terms apply as defined in 2 C. F.R. Ch. 1 Part 170 Appendix k. "Executiye" is defined as "officers, managing partners, or other employees in management positions". "Total Comgensation~ is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock optfons, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, term ination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 51 567 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion 2022 ) Rank Total Compensation (Highest to Name for Moat Recently Lowest) (Last, First Mil Tltle Completed Flacal Year 1 Frederiksen,Mara Director Of Financial Services $169,600.00 2 OJdbury, Julie Oirector, HR & Risk $169,600.00 Manal!ement 3 Temple. Adam Director, Development $169,600.00 4 Mack, Andrew Assistant Qty Manager $170,000.00 5 Stab]es, James Interim City Manager $211,999.84 N.'\MEAND TITLE: /e /J. La.0.,01 '.iy G11.~ .... -,,. 1-/a.,.,_..__~ DATE: /D/, 3 /Cl1)l;r'd-- t I 52 568 P rovisions: Attac hment J Mandat ory Contract Provisions Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:7 Appendix II to Part 200-Contract Provisions for Non -Federal Entity Contracts Unde r Federal Awards In addition to other provisions requi red by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by t he Civilian Agency Acquisition Council and t he Defense Acquisit ion Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settleme nt. (C) Equal Employment Opportunity. Except as otherwise p rovided under 41 C.F.R. Part 60, all contracts that meet t he definition of "federally assisted construction contract" in 41 C.F.R. Part 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. 60-1.4(b), in accordance with Executive Order 1 1246, "Equa l Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. Part , 1964-1965 Comp., p. 339), as amended by Executive O rder 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 4 1 C .F.R. part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis-Bacon Act, as amended (40 U.S.C . 3 141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2 ,000 awarded by non-Federal entities must include a provision for complia nce with the Davis-Bacon Act (40 U.S.C. 3 141-3144, and 31 46-3148) as supplemented by Department of Labor regu lations (29 C.F.R. Part 5 , "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be cond itioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. T he contracts must also incl ude a provisio n for compliance with th e Copeland "Anti-Kickback" Act (40 U .S .C . 3145), as supplemented by D ep artment of Labor regulations (29 C .F .R. Part 3 , "Contractors and Subcontractors on Public Building or Public Work F inanced in Whole or in Part by Loans or Grants from the United States"). The Act p rovides that each contractor or Sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or 7 For example, the Davis-Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the P ublic Assistance Program or Hazard Mitigation Grant Program; however, sub- recipient may include the provision in its s ubcontracts. 53 569 repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S .C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market , or contracts for transportation or transmission of intelligence. (F) R ights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement'' under 37 C.F.R. § 401 .2 (a) and the recipient or Sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Sub-recipient must comply with the requirements of 37 C.F.R. Part 401 , "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S .C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 C.F .R. 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the 0MB guidelines at 2 C .F.R. 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended , or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See 2 C.F.R, § 200.323 Procurement of recovered materials. (K) See 2 C .F.R , §200.216 Prohibition on certain telecommunication and video surveillance services or equipment. {L) See 2 C.F.R, §200.322 Domestic preferences for procurements (Appendix II to Part 200, Revised Eff. 11/12/2020). 54 570 FEMA created the 2019 POAT Contract Provisions Template to assist non-Federal entities. It is available at https://www.fema.gov/media-library-data/1569959119092- 92358d63e00d 17639d5db4de015184c9/PDA T ContractProvisions Template 9-30-19 .pdf. Please note that the sub-recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. § 200.327 and 2 C.F.R. Part 200, Appendix II. 55 571 Attachment K Certification Regarding Lobbying Check the appropriate box: 31 This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix 11(1); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. □ This Certiftcation is not required because the Contract, Grant, Loan, or Cooperative Agreement will be less than $100,000. APPENDIX A, 44 C.F.R. PART 18-CERTIFICATION REGARDING LOBBYJNG Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 6. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal , amendment or modification of any Federal contract, grant, loan, or cooperative agreement. 7 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure fom, to Report Lobbying,• in accordance with its instructions. 8. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 , U.S. Code. Any person who fails to file the required certification sha ll be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sub-Recipient or subcontractor, City Of Boynton Beach , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remed ies for False Claims and ~rtif<alOO and <isclosure, • any. Signature of Sub-Recipient/subcontractor's Authorized Official lA_.. Cxu,-i-I Na and Trtle of Sub-Recipient/subcontra l Jwern~c I~ I X)~J.. Date ' 56 572 1 RESOLUTIONNO. R23-088 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN MODIFICATION 5 NO. ONE TO EXTEND THE SUBRECIPIENT GRANT AGREEMENT NO. 6 H0861 WITH FLORIDA DIVISION OF EMERGENCY MANAGEMENT 7 FDEM) HAZARD MITIGATION GRANT PROGRAM (HMGP) PROGRAM 8 FOR THE CITY'S WATERSHED MANAGEMENT PLAN TO SEPTEMBER 30, 9 2024;AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Community Rating System (CRS) is a voluntary program under the 13 Federal Emergency Management Agency (FEMA) allowing communities to earn flood 14 insurance discounts of up to 45%; and 15 WHEREAS, under FEMA's National Flood Insurance Program (NFIP), cities and 16 non-incorporated areas can earn points for conducting floodplain management activities 17 that surpass the minimum NFIP requirements; and 18 WHEREAS, The City of Boynton Beach is currently a CRS Class 5 community, 19 achieving up to 25%discount on flood insurance policies, however, for the City to achieve 20 a CRS Class 4 ranking the City needs to create and adopt a Watershed Master Plan; and 21 WHEREAS, on June 16, 2022, the City submitted an application for funding to 22 prepare a Watershed Master Plan,coordinating with FEMA reviewers to ensure acceptance 23 and approval of the Master Plan documents to fulfill CRS Class 4 requirements; and 24 WHEREAS, Resolution R22-169 was approved by the Commission which FDEM 25 Executed Contract Agreement No. H0861 dated December 1, 2022 provides a period of 26 performance (POP) ending on September 30, 2023, which leaves the City with insufficient 27 time to accomplish the goals and objectives of the WMP. Consequently, a period of 28 performance extension of 12-months has been granted to the City. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 30 OF BOYNTON BEACH, FLORIDA, THAT: 31 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption S:\CA\RESO\Agreements\Grants\Approve Extension To Hazard Mitigation Program Grant(Watershed Management Plan 2022)- Reso.Docx 573 34 hereof. 35 Section 2. The City Commission approves and authorizes the Mayor to sign 36 Modification No.One to extend the Subrecipient Grant Agreement No. H0861 with Florida 37 Division of Emergency Management (FDEM) Hazard Mitigation Grant Program (HMGP) 38 program for the City's Watershed Management Plan to September 30, 2024, a copy of 39 which is attached hereto and incorporated herein as Exhibit "A". 40 Section 3. This Resolution shall become effective immediately upon passage. 41 PASSED AND ADOPTED this 18th day of July, 2023. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 45 Mayor—Ty Penserga 46 47 Vice-Mayor—Thomas Turkin 48 49 Commissioner—Angela Cruz l/ 50 51 Commissioner—Woodrow L. Hay 52 53 Commissioner—Aimee Kelley 54 55 VOTE 56 57 58 AT 59 60 / t...*0 ' ice' 61 Maylee De `sus, MPA, M ' y Pe .erga 62 City Cle k Ma er 63 64 oytJT .ON. PPROVED AS TO FORM: 65 (Corporate Seal) o e°RAre •.Cy, 67 1>--• QORP 68 P ; Michael D. Cirullo, Jr. 69 City Attorney S:\CA\RESO\Agreements\Grants\Approve Extension To Hazard Mitigation Program Grant(Watershed Management Plan 2022)- Reso.Docx 574 SUB-RECIPIENT AGREEMENT CHECKLIST -- DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL SUB-RECIPIENT: City of Boynton Beach PROJECT#: 4337-004-Pg PROJECT TITLE: Boynton Beach Watershed Management Plan CONTRACT#:H0861 MODIFICATION#: 1 SUB-RECIPIENT REPRESENTATIVE(POINT OF CONTACT) Angela Prymas, P.E. Senior Engineer 124 E Woolbright Road Boynton Beach, Florida 33435 Enclosed is your copy of the proposed contract/modification between City of Boynton Beach and the Florida Division of Emergency Management (FDEM). COMPLETE fl This form is required to be included with all Reviews, Approvals, and Submittal Signed electronic copy n Reviewed and Approved Signed and Dated by Official Representative Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, or Chief Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated N/A for Modifications or State Funded Agreements n Attachment K— Certification Regarding Lobbying - completed, signed, and dated N/A for Modifications or State Funded Agreements Electronic Submittal to the Grant Specialist Samantha Chaganis on If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 328-5736 or email me at Caitlyn.Stroik@em.myflorida.com. 575 Contract Number: H0861 Project Number: 4337-004-Pg MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND CITY OF BOYNTON BEACH This Modification Number One is made and entered into by and between the State of Florida, Division of Emergency Management("the Division"), and City of Boynton Beach ("Sub-Recipient")to modify Contract Number H0861, dated December 1, 2022, ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Sub-Recipient under the Hazard Mitigation Grant Program of$246,832.50 in Federal funds; and WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and WHEREAS, the Agreement shall expire on September 30, 2023. WHEREAS, the Division and the Sub-Recipient desire to extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph 8 of the Agreement is hereby amended to read as follows: 8) PERIOD OF AGREEMENT This Agreement shall begin December 1, 2022 and shall end September 30, 2024; unless terminated earlier in accordance with the provisions of paragraph (17) of this Agreement 2. The Scope of Work, to the Agreement, are hereby modified as set forth in 1st Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 3. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 5. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 1 576 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB-RECIPIENT: CITY,F BOYNTON BEACH By Name an. itle:---1\k t2 itsf Date: t/z 23 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: 2 577 Attachment A Watershed Master Planning Initiative Boynton Beach Watershed Management Plan Scope of Work and Budget Statement of Purpose The Florida Division of Emergency Management's (the Division) Bureau of Mitigation prioritizes flood risk management as an integral part of its mission. The goals of this project are to assist local communities in developing a Watershed Master Plan for the purposes of moving up in the Community Rating System CRS)of the National Flood Insurance Program (NFIP) and to increase resiliency in Florida communities. This project is funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-004-P, as approved by the Division and the Federal Emergency Management Agency (FEMA)to create and update Watershed Master Plans (WMPs)throughout the state of Florida. The Project Manager for the Division will be: Laura Dhuwe, Project Manager Hazard Mitigation Grant Program Florida Division of Emergency Management 850-879-0872 watershedplanninqaem.mvflorida.com Scope of Work The Division will coordinate with eligible Florida entities to produce a Watershed Master Plan (WMP)for credit under CRS. This project is preceded by the WMP Pilot Program, which consisted of research and the creation of guidance materials to ensure a consistent statewide approach to WMP development. Guidance materials produced in the WMP Pilot Program can be found at: https://www.floridadisaster.orq/dem/mitiqation/watershed-planning-initiative or https://www.fau.edu/enqineerinq/research/cwr3/clearinghouse/. The Sub-Recipient may use other materials provided by ISO and located at https://fema.gov. The Sub-Recipient shall follow the Credit Criteria for Element WMP under CRS Activity 452.b (please refer to the 2017 CRS Coordinator's Manual' and the 2021 Addendum to the Coordinator's Manual2). The Sub-Recipient will finalize the process by submitting their WMP to ISO/CRS for review and providing the Division with a signed letter from their applicable county's Local Mitigation Strategy(LMS)Chairperson attesting that the WMP will be adopted in the Sub-Recipient's next LMS update. Tasks necessary to the completion of a WMP include: Task 1 —Create Preliminary Project Plan based on Initial Flood Modeling, and Submit Draft WMP The Sub-Recipient shall create a preliminary Project Plan, which is a narrative detailing how the initial flood modeling has sufficient detail on the data that went into the model, model specifications, and possible solutions for addressing flood risks that the model identified. There must be enough detail in the preliminary Project Plan to verify the required analysis has been completed. Specifically, the required analysis for the preliminary Project Plan shall include all the Minimum Criteria required for a creditable WMP3 under the two categories of Data Inventory and Collection and Initial Flood Modeling as follows: https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinators- manual_2017.pdf 2 https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinator- manual_addendum-2021.pdf 3 See 2017 CRS Coordinator's Manual at https://www.fema.gov/sites/default/files/documents/fema community-rating-system coordinators- manual 2017.pdf; the 2021 Addendum to the Coordinator's Manual at https://www.fema.gov/sites/default/files/documents/fema community-rating-system coordinator- manual addendum-2021.pdf; and other materials provided by ISO located at https://fema.qov. 3 578 Data Inventory and Collection: 1. Data inventory(used for initial flood modeling): a. Inventory of ground characteristics(e.g., soil type, impervious surfaces,wetlands) b. Inventory of existing drainage system c. Inventory of data availability 2. Locations of: a. critical facilities, cultural/historical, and other places/areas of interest b. vulnerable areas and their descriptions c. natural and constructed drainage systems and channels 3. Existing regulations and plans in place for reducing flood risks Initial Flood Modeling 4. For current/existing conditions land use, future land use, and the fully developed watershed scenarios: a. Evaluations of the existing drainage system's runoff response from design storms using a hydrologic and hydraulic study with a hydrograph approach under current and predicted future land use conditions with assessments of the impacts of climate change and sea level rise for 10-, 25-& 100-year storm events b. For currently fully developed watersheds: studies of existing development and the potential impact of any redevelopment c. Evaluations of different management scenarios for at least the 100-year rainfall event for a fully developed watershed at a scale sufficient to determine local problems. d. Determinations of the change in runoff from current to future, fully developed conditions e. Recommendations for managing at least the 10-year and the 25-year rainfall events 5. For communities impacted by sea level rise: evaluations of the impacts of the NOAA Intermediate 2100 sea level rise scenario on the 100-year rainfall event a. It is highly recommended to include 2 other scenarios up to 2100, which could be based on sea level for 2 time frames into the future or a number of feet of sea level rise within this timeframe. 6. The plan must include a strategy and action plan to address the results of the studies for: a. controlling the timing of peak flows to prevent or minimize problems for the entire watershed due to new development, redevelopment, and fully developed conditions b. the impact of climate change and sea level rise on fully developed conditions c. at least the 25-year rainfall event in fully developed conditions, with a list of possible solutions for addressing at least the 25-year rainfall event d. at least one event larger than the 25-year rainfall event, with a list of possible solutions for addressing this event e. ensuring that flood hazards from the 10-year and the 25-year events are not increased by future development(the 2-year storm is also recommended). 7. The community must adopt the final plan. 8. If applicable, WMP plans more than 5 years old must be evaluated to ensure that they remain applicable to current conditions. For instance, are previous assumptions on hydrology, sea level rise and future land use still applicable. Deliverable 1:An (1)electronic copy of the preliminary Project Plan; (2)a separate electronic document listing how and where in the preliminary Project Plan the Minimum Criteria listed above are met; and (3)a separate electronic document clarifying the Sub-Recipient's existing data inventory at the time of contract execution, how the data are used, and which tasks and efforts have already been completed prior to contract execution. These three electronic documents must be submitted to the Division for review no later than 19 months after the beginning of the Period of Performance. The Sub-Recipient will provide 4 579 Deliverable 1 to the Division via email to watershedplanninq(a em.myflorida.com. Payment for Task 1 will occur once the Sub-Recipient has received feedback from the Division confirming that their preliminary Project Plan has been approved. To be approved, the preliminary Project Plan must show how all the listed Minimum Criteria required for a creditable WMP are intended to be met. The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub-Recipient shall provide the Division with the following no later than 19 months from the beginning of the Period of Performance before payment will be processed. Jurisdiction Specific Comments for Task 1: Data collection for structures-The Sub-Recipient's project will include a high-quality stormwater inventory which is a critical foundational dataset for any stormwater program. It enables the government to more efficiently operate and maintain the system, evaluate capital improvement projects, adapt to climate change, apply for funding, and markedly improve public safety—among many other benefits. Specifically, the project will include conducting a survey to create a stormwater inventory that includes: Diameters Pipe Material Inverts and other key elevations Structure information and photos Pipe Length A geodatabase/GIS with the information. This dataset will directly interface with, and greatly enhance, the City's existing ICPR model. Initial Flood Modeling and Draft WMP Project Plan -The Sub-Recipient's project will evaluate the future conditions, including the impacts of a median projected sea level rise(based on the National Oceanic and Atmospheric Administration's(NOAA's)"intermediate-high" projection for the year 2100) on the local drainage system during multiple rainfall events, including the 100-year rainfall event. This option is for coastal communities with no natural or constructed channels. Guidance on sea level rise projections for CRS purposes can be found in Section 404 of the CRS Coordinator's Manual. Future-conditions should include a projected change in land use to determine the change in runoff from current to future, fully developed conditions. The NOAA intermediate high projection for Boynton Beach is 3.9 ft NAVD88 of sea level rise which must at a minimum be used for the SLR evaluation. During the project, the Sub-Recipient's project team will submit preliminary data for a courtesy review to identify any areas where the project needs to focus on or modify.Additionally, the Sub-Recipient will clarify in writing which tasks and efforts have already been completed prior to contract execution. With the mapping efforts, the Sub-Recipient shall provide the source and dates of data acquisition, locational accuracy, and map projection and coordinate system information of geospatial data. Task 2—Revise Draft WMP and Submit Completed WMP After receiving feedback from the Division on the preliminary Project Plan from Task 1 (Deliverable 1), the Sub-Recipient shall finalize the flood modeling process and submit their completed WMP. At a minimum, the modeling and WMP must meet the Minimum Criteria required for a creditable WMP shown above. The Sub-Recipient shall update their WMP, if revisions are necessary based on the Division's feedback, and submit the completed WMP to the Division for review. Throughout the activities for Task 2, the Sub-Recipient shall coordinate with the applicable LMS working group to ensure that the working group will adopt the WMP as an annex in the next LMS update, and use the data to inform the risk assessment and mitigation strategy. Deliverable 2: An electronic copy of the completed WMP will be submitted to the Division no later than 24 months after the beginning of the Period of Performance. If applicable, the Sub-Recipient will revise the submitted WMP to comply with required revisions and feedback from the Division, and then resubmit the WMP to the Division no later than 24 months after the beginning of the Period of Performance. The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub-Recipient shall provide the Division with the following no later than 24 months from the beginning of the Period of Performance before payment will be processed: 5 580 1. the completed WMP4(after incorporating comments from the Division, if applicable); and 2. a signed letter from the applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the completed WMP will be adopted and used to update the risk assessment and mitigation strategy during the next LMS plan update. The Sub-Recipient will provide Deliverable 2 to the Division via email to watershedplanning@em.myflorida.com. Method of Compensation: All deliverables submitted to the Project Manager or to the Division shall be completed by the Sub- Recipient and approved for completeness and accuracy by the Project Manager or the Division to qualify as reaching the minimum required criteria for each invoice period. All tasks shall be performed under the direct supervision of the Division. The project shall be reimbursed upon receipt of invoices submitted at the completion and acceptance of each deliverable defined above unless this agreement is terminated early. This is a cost reimbursement agreement, which will be reimbursed on a fixed-fee, fixed-price agreement as follows: Deliverables Total Due Date Deliverable Value Task 1 —Create Preliminary Project Plan based $191,920.00 19 Months after on Initial Flood Modeling, and Submit Draft beginning of POP WMP Task 2—Revise Draft WMP and Submit 137,190.00 24 months after Completed WMP beginning of POP Total 329,110.00 Financial Consequences for Non-Performance: The failure to provide the Division with the required deliverables within the stated timelines shall result in a penalty of 5 % of the determined deliverable amount for each late deliverable. Penalty may be waived based upon reasonable explanation with documentation by Sub-Recipient. Should the Sub-Recipient determine that there are significant barriers to conduct any of the minimum deliverables due to extenuating circumstances, the Division may re-evaluate performance expectations upon a formal request from the Sub-Recipient. If the Sub-Recipient fails to comply with any terms of the agreement, the Division shall take one or more of the following actions: 1. Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2. Disallow all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate the current agreement for the Sub-Recipient's project; 4. Withhold further agreements for the project; or 5. Take other actions that are legally allowed. 4 See the Minimum Criteria required for a creditable WMP listed above. 6 581 Schedule of Work Task(s) Number of Months to Complete Field work and data collection for structures (Task 1) 5 Initial Flood Modeling (Task 1) 9 Preliminary Project Plan (Task 1) 5 Revise Draft WMP and Submit Completed WMP (Task 2) 5 Total Period of Performance: 24 Total Period of Performance The Period of Performance for this project begins on the date of execution of the subgrant agreement by both parties and ends no later than September 30, 2024. Budget Cost Item Project Cost Federal Share Non-Federal Share Personnel Fringe Benefits Travel Equipment Supplies Contractual 329,110.00 246,832.50 82,227.50 Other Project Total: 329,110.00 246,832.50 82,227.50 Funding Summary Totals Federal Share: 246,832.50 75.00% Non-Federal Share: 82,227.50 25.00%_ Total Project Cost: 329,110.00 100.00% 7 582 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-198- Interlocal Agreement between the Palm Beach County Sheriff and the City of Boynton Beach pertaining to the Operation Stonegarden Grant Program. Requested Action: Staff recommends approval of Proposed Resolution No. R24-198. Explanation of Request: The U.S. Department of Homeland Security, Federal Emergency Management Agency, through the State of Florida Division of Emergency Management, awarded a grant to the Palm Beach County Sheriff from the Fiscal Year 2023 Operation Stonegarden Grant (OPSG) Program, Award #R0926. The Sheriff will reimburse the City of Boynton Beach Police Department for overtime expenses associated with the OPSG; conducting border security activities in coordination with the Sheriff and U.S.B.P to increase the capacity to respond to, detect, and deter transnational criminal activities. How will this affect city programs or services? The OPSG Program will allow the Boynton Beach Police Department to participate in Stonegarden operations as friendly forces to assist the U.S. Border Patrol (U.S.B.P) in securing our borders. Fiscal Impact: The Sheriff will reimburse the City for overtime worked on OPSG activities up to $53,000. Attachments: R24-198 Agenda_Item_2001- 2023_Resolution_for_Interlocal_with_PBC_Sheriff_for_Operation_Stonegarden_Grant.docx Exhibit A to Resolution - City_of_Boynton_Beach_PD_2023_OPSG_ILA.pdf 583 RESOLUTION NO. R24-1981 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE PALM BEACH 4 COUNTY SHERIFF FOR THE OPERATION STONEGARDEN GRANT PROGRAM; AND FOR 5 ALL OTHER PURPOSES. 6 7 WHEREAS,part I of Chapter 163 of the Florida Statutes permits public agencies as defined 8 therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, 9 or authority which such agencies share in common and which each might exercise separately; and10 WHEREAS,the U.S. Department of Homeland Security, Federal Emergency Management 11 Agency, through the State of Florida Division of Emergency Management, awarded a grant in the 12 amount of $495,000 to the Palm Beach County Sheriff (“Sheriff”) from the Fiscal Year 2023 13 Operation Stonegarden Grant (“OPSG”) Program, Award #R0926; and14 WHEREAS,the OPSG Program allows local police agencies to participate in Stonegarden 15 operations as friendly forces to assist the U.S. Border Patrol (“U.S.B.P”) in securing our borders;16 and17 WHEREAS,the Sheriff and the City of Boynton Beach, through its Police Department 18 (“City”), hereby agree to work cooperatively in regard to the OPSG as set forth herein below; and19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the city's citizens and residents to approve an Interlocal Agreement with the 21 Sheriff for the OPSG Program. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 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 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve an Interlocal Agreement, between the Palm Beach County Sheriff and the City for the 29 Operation Stonegarden Grant Program(the “Interlocal Agreement”), in form and substance similar 30 to that attached as “Exhibit A. “31 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 32 584 authorizes the Mayor to execute the Interlocal Agreement. The Mayor is further authorized to 33 execute any ancillary documents required under the Agreement or necessary to accomplish the 34 purposes of the Agreement and this Resolution.35 SECTION 4.The City-executed Interlocal Agreement shall be provided to Jaclyn Smith36 to obtain execution by the Palm Beach County Sheriff. Upon execution by all parties, the Interlocal 37 Agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as 38 required by Section 163.01(11), Florida Statutes, for interlocal agreements. Jaclyn Smith is to 39 ensure that the City receives a copy of the recorded Interlocal Agreement.40 SECTION 5.This Resolution shall take effect in accordance with law.41 42 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.43 CITY OF BOYNTON BEACH, FLORIDA44 YES NO45 Mayor – Ty Penserga __________46 47 Vice Mayor – Aimee Kelley __________48 49 Commissioner – Angela Cruz __________50 51 Commissioner – Woodrow L. Hay __________52 53 Commissioner – Thomas Turkin __________54 55 VOTE ______56 ATTEST:57 58 ___________________________________________________________59 Maylee De Jesús, MPA, MMC Ty Penserga60 City Clerk Mayor61 62 APPROVED AS TO FORM:63 (Corporate Seal)64 65 _______________________________66 Shawna G. Lamb67 City Attorney68 585 1 AN INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SHERIFF AND THE CITY OF BOYNTON BEACH, FLORIDA PERTAINING TO THE OPERATION STONEGARDEN GRANT PROGRAM WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the U.S. Department of Homeland Security, Federal Emergency Management Agency, through the State of Florida Division of Emergency Management, awarded a grant in the amount of $495,000 to the Palm Beach County Sheriff (SHERIFF) from the Fiscal Year 2023 Operation Stonegarden Grant (OPSG) Program, Award #R0926; and WHEREAS, the OPSG Program allows local police agencies to participate in Stonegarden operations as friendly forces to assist the U.S. Border Patrol (U.S.B.P) in securing our borders; WHEREAS, the Sheriff and the City of Boynton Beach Police Department (CITY) hereby agree to work cooperatively in regards to the OPSG as set forth herein below. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: Article 1. Purpose This interlocal agreement (agreement) delineates the responsibilities of the CITY for activities under FY23 Operation Stonegarden Grant Program, the proceeds of which are being made available by the U.S. Department of Homeland Security, Federal Emergency Management Agency. Article 2. Scope The provisions of this agreement apply to Fiscal Year 2023 OPSG activities to be performed by the parties hereto at the request of the federal government, and in furtherance of its border security mission. Article 3. CITY agrees to: A. Conduct border security activities in coordination with the SHERIFF and U.S.B.P to increase the capacity to respond to, detect, and deter transnational criminal activities (see Attachment A-Operations Order). B. Comply with the Fiscal Year 2023 OPSG grant reporting requirements and Operations Order #23-MIPMIP-10-003 V0. C. Provide monthly requests to the SHERIFF with supporting documentation (payroll records, time and attendance forms, DARs) for reimbursement of overtime expenses, including fringe benefits. D. Maintain records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three years after completion or termination of this Agreement. Provide the SHERIFF with access to CITY books, records, and documents such that the SHERIFF may inspect or audit these records, upon request during normal business hours, at the CITY’s Police Department. Article 4. The SHERIFF agrees to: A. Reimburse the CITY in an amount not to exceed $53,000 for overtime expenses, including fringe benefits (FICA and Retirement only) associated with the Fiscal Year 2023 OPSG Grant Program. 586 2 B. Reimburse the CITY within 30 days after receipt and verification of any reimbursement request provided it contains the necessary accurate and detailed supporting documentation. Article 5. Term of Agreement and Obligation to Pay: The term of this Agreement shall commence upon its execution by both the SHERIFF and the CITY and shall terminate on September 30, 2025, or until the expiration of the FY2023 OPSG grant agreement #R0926 if extended by the grantor agency. Article 6. Liability Each party to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, the CITY shall be responsible to the SHERIFF for any actions, claims or damages arising out of the CITY’s negligence in connection with this Agreement, and the SHERIFF shall be responsible to the CITY for any actions, claims, or damages arising out of SHERIFF’s negligence in connection with the Agreement. The foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Fla. Stat. Article 7. Indemnification The CITY recognizes it may have liability for certain tortious acts of its agents, officers, and employees, with said liability being limited by the provisions of §768.28 Fla. Stat., provided, however, that this indemnification provision shall not be construed as a waiver of any constitutional or statutory rights or defenses that the CITY may possess and the CITY reserves all such rights as against any and all claims that may be brought under this Agreement. The SHERIFF recognizes it may have liability for certain tortious acts of its agents, officers, and employees, with said liability being limited by the provisions of §768.28 Fla. Stat., provided, however, that this indemnification provision shall not be construed as a waiver of any constitutional or statutory rights or defenses that the SHERIFF may possess and the SHERIFF reserves all such rights as against any and all claims that may be brought under this Agreement. Article 8. Insurance The Parties shall each maintain their own insurance policies during the term of this Agreement. The SHERIFF warrants that it is self-insured and/or shall maintain general liability insurance as required by law. The CITY shall provide the SHERIFF with a copy of its General Liability certificate of insurance. Article 9. Non-Discrimination The Parties shall not discriminate on the basis of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. Article 10. Modifications of Work This Agreement or the Scope of Work may only be modified or amended only by the mutual written consent of the Parties. Article 11. Relationship of the Parties The Parties hereto acknowledge that their relationship is that of independent contractors. No employee of either party shall be deemed an employee of the other party. Nothing contained herein shall be construed to create a partnership or joint venture between the Parties. Article 12. No Third Party Beneficiaries This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor shall this Agreement be deemed to confer or have conferred any rights, express or implied, upon any other third person. 587 3 Article 13. Notices Any notices to be provided hereunder shall be in writing and given by personal service, mailing the same by United States certified mail, return receipt requested, and postage prepaid or a nationally recognized overnight carrier, addressed as follows: If to SHERIFF to: Ric L. Bradshaw Palm Beach County Sheriff’s Office 3228 Gun Club Road West Palm Beach, Florida 33406 With a copy to: Catherine M. Kozol, Esq. Division of Legal Affairs Palm Beach County Sheriff’s Office 3228 Gun Club Road West Palm Beach, Florida 33406 If to CITY to: Chief of Police Joe DeGiulio Boynton Beach Police Department 2100 High Ridge Road Boynton Beach, Florida 33426 With a copy to: Shawna Lamb, Esq. City Attorney 100 E. Ocean Avenue Boynton Beach, Florida 33435 Article 14. Severability The invalidity or unenforceability of any provision or clause hereof shall in no way effect the validity or enforceability of any other clause or provision hereof. Article 15. Waiver and Delay No waiver or delay of any provision of this Agreement at any time will be deemed a waiver of any other provision of this Agreement at such time or will be deemed a waiver of such provision at any other time. Article 16. Assignment; Binding Agreement Neither party shall assign this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld or delayed. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. Article 17. Governing Law and Venue This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute arising with respect to this Agreement is subject to the laws of Florida. Venue shall lie in Palm Beach County, Florida. Article 18. Entirety of Contractual Agreement The SHERIFF and the CITY agree that this Agreement sets forth the entire agreement between the Parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the Parties hereto in accordance with Article 10-Modifications of Work. Article 19. Termination This Agreement may be terminated without cause by either party to the Agreement upon 60 days written notice to the other party. 588 4 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date all signatures below are affixed. CITY OF BOYNTON BEACH, FLORIDA By: _____________________________ Ty Penserga, Mayor Dated: ________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ____________________________ Shawna Lamb, Esquire SHERIFF OF PALM BEACH COUNTY By: ______________________________ Ric L. Bradshaw Dated: _____________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ______________________________ Catherine M. Kozol, Esquire 589 City of Boynton Beach Agenda Item Request Form 6.G Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-199- Approve an easement located within the Hester Community Center site of 1901 N. Seacrest Blvd, Boynton Beach, FL 33435, at the request of Florida Power & Light Company. Requested Action: Staff recommends approval of Proposed Resolution No. R24-199. Explanation of Request: Florida Power & Light (FPL) needs to install a single-phase transformer located at the Hester Center (1901 N. Seacrest Blvd., Boynton Beach, FL 33435). FPL is in the process of undergrounding its overhead lines in the area, and this transformer will serve as a new connection point for its project. This new single-phase transformer will be the service point for the 2 street lights on NW 19th Ave. and for the convenience store located on the SW corner of NW 19th Ave and Seacrest Blvd. The requested easement will be located in a landscape area. How will this affect city programs or services? There is no impact to City programs or services, but will allow LS (lift station) 309 to continue getting FPL power. Fiscal Impact: There is no Fiscal Impact to the City. Attachments: R24-199_Agenda_Item_2002-2023_Resolution_for_FPL_Easement_Hester_Center.docx Exhibit A to Resolution - City of Boynton Beach Northwest 19th Ave - Hester Center Easement Exhibit A To Easement - Exhibit 2 Completed FPL Questionaire 590 RESOLUTION NO. R24-1991 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AN UNDERGROUND EASEMENT WITH 4 FLORIDA POWER & LIGHT COMPANY LOCATED WITHIN THE HESTER 5 COMMUNITY CENTER SITE OF 1901 N. SEACREST BLVD., BOYNTON BEACH; 6 AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,Florida Power & Light (FPL) needs to install a single-phase transformer located 9 at the Hester Center (1901 N Seacrest Blvd, Boynton Beach, FL 33435). FPL is in the process of 10 undergrounding their overhead lines in the area, and this transformer will serve as a new 11 connection point for their project. This new single-phase transformer will be the service point for 12 the two street lights on NW 19th Avenue and for the Convenience Store located on the SW corner 13 of NW 19th Avenue and Seacrest Boulevard. The requested easement will be located in a 14 landscape area; and15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 16 best interests of the city's citizens and residents to approve an Underground Easement with 17 Florida Power & Light Company located within the Hester Community Center site of 1901 N. 18 Seacrest Blvd., Boynton Beach. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 21 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 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 25 approve an Underground Easement with Florida Power & Light Company located within the 26 Hester Community Center site of 1901 N. Seacrest Blvd., Boynton Beach. (the “Easement”), in form 27 and substance similar to that attached as “Exhibit A.“28 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 29 authorizes the Mayor to execute the Easement and such other related documents as may be 30 necessary to accomplish the purpose of this Easement and Resolution.31 SECTION 4.Upon execution of the Easement by the City, the City Clerk shall record the 32 591 Easement in the Public Records of Palm Beach County. The City Clerk shall provide the recorded 33 Easement to Moisey Abdurakhmanov.34 SECTION 5.This Resolution shall take effect in accordance with law.35 36 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.37 CITY OF BOYNTON BEACH, FLORIDA38 YES NO39 Mayor – Ty Penserga __________40 41 Vice Mayor – Aimee Kelley __________42 43 Commissioner – Angela Cruz __________44 45 Commissioner – Woodrow L. Hay __________46 47 Commissioner – Thomas Turkin __________48 49 VOTE ______50 ATTEST:51 52 ___________________________________________________________53 Maylee De Jesús, MPA, MMC Ty Penserga54 City Clerk Mayor55 56 APPROVED AS TO FORM:57 (Corporate Seal)58 59 _______________________________60 Shawna G. Lamb61 City Attorney62 592 593 Bowman Consulting Group, Ltd., Inc. 10815 S.W. Tradition Square Port St. Lucie, FL 34987 Phone: (772) 249-0733 www.bowman.com c Bowman Consulting Group, Ltd. Professional Surveyors and Mappers, Certificate NO. LB-8030 PALM BEACH COUNTY FLORIDA EXHIBIT "A" FLORIDA POWER AND LIGHT EASEMENT NONE 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, ALSO BEING THE SOUTH LINE OF TRACT "A", ROLLING GREEN RIDGE, FIRST ADDITION, AS RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, HAVING AN ASSUMED BEARING OF N 88°42'30" W. 4.NO FIELD WORK WAS PERFORMED. EXHIBIT "A" SKETCH AND DESCRIPTION THIS IS NOT A SURVEY 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. 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. LEGAL DESCRIPTION: A 10.00' WIDE EASEMENT BEING A PORTION OF THE FOLLOWING DESCRIBED PARCEL; COMMENCE (1) AT THE SOUTHWEST CORNER OF TRACT "A", ROLLING GREEN RIDGE, FIRST ADDITION, AS RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, THENCE SOUTH 88°42'30" EAST, A DISTANCE OF 182.13 FEET TO THE POINT OF BEGINNING (1); THENCE NORTH 01°17'30" EAST ALONG THE EAST PROPERTY LINE OF THE PARCEL DESCRIBED AND RECORDED AS CLERK FILE NUMBER 19980196084, A DISTANCE OF 161.83 FEET; THENCE NORTH 88°42'30" WEST ALONG THE NORTH PROPERTY LINE OF SAID CLERK FILE NUMBER 19980196084, A DISTANCE OF 138.65 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF STATE ROAD NO. 9 (I-95); THENCE ALONG SAID EAST LINE NORTH 12°25'00" EAST, A DISTANCE OF 404.68 FEET; THENCE NORTH 13°33'45" EAST, A DISTANCE OF 467.63 FEET TO THE NORTHWEST CORNER OF LOT 83, ROLLING GREEN RIDGE, FIRST ADDITION, AS RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE SOUTH 87°48'30" EAST ALONG THE NORTH LOT LINE OF LOTS 77, 78, 79, 80, 81, 82, AND 83, BLOCK 21, OF SAID PLAT BOOK 24, PAGE 223, A DISTANCE OF 457.46 FEET; THENCE SOUTH, A DISTANCE OF 150.11 FEET; THENCE SOUTH 87°48'30" EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 19TH AVENUE, A DISTANCE OF 476.30 FEET; THENCE SOUTH 00°00'43" WEST ALONG THE WEST PROPERTY LINE OF THE PARCEL DESCRIBED AND RECORDED AS CLERK FILE NUMBER 20020040583, A DISTANCE OF 155.09 FEET; THENCE NORTH 87°05'37" EAST ALONG THE SOUTH PROPERTY LINE OF SAID CLERK FILE NUMBER 20020040583, A DISTANCE OF 140.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF NORTH SEACREST BOULEVARD, SAID POINT ALSO BEING A POINT OF CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 766.62 FEET; CONTINUED ON NEXT PAGE 594 Bowman Consulting Group, Ltd., Inc. 10815 S.W. Tradition Square Port St. Lucie, FL 34987 Phone: (772) 249-0733 www.bowman.com c Bowman Consulting Group, Ltd. Professional Surveyors and Mappers, Certificate NO. LB-8030 PALM BEACH COUNTY FLORIDA EXHIBIT "A" FLORIDA POWER AND LIGHT EASEMENT NONE LEGAL DESCRIPTION: THENCE SOUTHEASTERLY A DISTANCE OF 441.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 33°00'28" TO A POINT OF REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 686.66 FEET; THENCE SOUTHEASTERLY 288.96 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°06'39" TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 25 FEET; THENCE SOUTHWESTERLY 43.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 100°34'40" TO A POINT ON THE SOUTH LINE OF SAID TRACT "A"; THENCE NORTH 88°42'30" WEST ALONG THE SOUTH LINE OF SAID TRACT "A", A DISTANCE OF 1224.90 FEET TO THE POINT OF BEGINNING (1). SAID PARCEL ALSO KNOWN AS PARCEL IDENTIFICATION NUMBER 08434516010130020, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. SAID EASEMENT BEING MORE PARTICULAR DESCRIBED AS FOLLOWS; A 10.00' WIDE EASEMENT, 5.00' ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE (2) AT THE NORTHWEST CORNER OF LOT 83, BLOCK 21, ROLLING GREEN RIDGE, FIRST ADDITION, AS RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL, THENCE SOUTH 87°48'30" EAST ALONG THE NORTH LOT LINE OF LOTS 77, 78, 79, 80, 81, 82, AND 83, BLOCK 21, OF SAID PLAT BOOK 24, PAGE 223, A DISTANCE OF 457.46 FEET; THENCE S 00°00'00" EAST, A DISTANCE OF 150.11 FEET; THENCE SOUTH 87°48'31" EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 19TH AVENUE, A DISTANCE OF 115.00 FEET TO THE POINT OF BEGINNING (2); THENCE SOUTH 02°11'29" WEST, A DISTANCE OF 10.00' TO THE POINT OF TERMINUS. EXHIBIT "A" SKETCH AND DESCRIPTION THIS IS NOT A SURVEY DESCRIPTION NOT VALID UNLESS ACCOMPANIED WITH SKETCH OF DESCRIPTION AS SHOWN ON SHEET 4 OF 4 OF THIS DOCUMENT. NOTE: SEE SHEET 4 OF 4 FOR SKETCH OF DESCRIPTION. 595 115.00' Bowman Consulting Group, Ltd., Inc. 10815 S.W. Tradition Square Port St. Lucie, FL 34987 Phone: (772) 249-0733 www.bowman.com c Bowman Consulting Group, Ltd. Professional Surveyors and Mappers, Certificate NO. LB-8030 PALM BEACH COUNTY FLORIDA EXHIBIT "A" FLORIDA POWER AND LIGHT EASEMENT NONE ADDRESS: 1901 NORTH SEACREST BOULEVARD LEGEND = CENTRAL ANGLE = CLERK FILE NUMBER = FLORIDA DEPARTMENT OF TRANSPORTATION = LENGTH = LATITUDE = SURVEYOR BUSINESS = LONGITUDE = SURVEYOR AND MAPPER = LIMITED Ø CFN F.D.O.T. L LAT: LB LONG: LS LTD. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1" = 200' N S W E SESW NW NE CFN 19980196084 CFN 20020040583 NORTHWEST 19TH AVENUE (50' PUBLIC R/W)NORTH SEACREST BOULEVARD(80' PUBLIC R/W) APPARENT ABANDONED 50' R/W NORTHWEST 17TH AVENUE (BOYNTON PARKWAY PER PLAT) (80' PUBLIC R/W) PARCEL IDENTIFICATION NO. 08434516010130020 LESS ROAD R/W PER F.D.O.T. MAP NO.93220-2562 BLOCK 21 (P.B. 24, PG. 223) PORTION OF TRACT "A" (P.B. 24, PG. 223) EXHIBIT "A" SKETCH AND DESCRIPTION THIS IS NOT A SURVEY = NUMBER = PLAT BOOK = PAGE = POINT OF BEGINNING = POINT OF COMMENCEMENT = POINT OF TERMINUS = RADIUS = RIGHT-OF-WAY = UTILITY EASEMENT = EASEMENT NO. P.B. PG. P.O.B. P.O.C. P.O.T. R R/W U.E. SOUTHWEST CORNER OF TRACT "A" (P.B. 24, PG. 223)STATE ROAD NO.9 (I-95)(R/W PER F.D.O.T. MAP NO.93220-2562)(PUBLIC R/W WIDTH VARIES) 83 82 81 80 79 78 77 72 73 74 75 76 NOTE: SEE SHEET 2 OF 4 FOR DESCRIPTION AND 1 OF 4 FOR SURVEYOR'S NOTES AND CERTIFICATION. 596 N 01°17'30" E 161.83'N 88°42'30" W 138.65' S 88°42'30" E 182.13' N 88°42'30" W 1224.90' R=25.00' Ø=100°34'40" L=43.89' BEARING BASIS N 12°25'00" E 404.68' N 13°33'45" E 467.63' S 87°48'30" E 457.46' R=686.66' Ø=24°06'39" L=288.96'NORTH SEACREST BOULEVARD(80' PUBLIC R/W)N 87°05'37" E 140.00' R=766.62' Ø=33°00'28" L=441.65'S 00°00'43" W 155.09'S 00°00'00" E 150.11'6' U.E.115.00' S 87°48'30" E 5.00' S 02°11'29" W 10.00' P.O.B. (2) N=805584.90 E=960635.65 P.O.T. N=805574.90 E=960635.54 10.00' Bowman Consulting Group, Ltd., Inc. 10815 S.W. Tradition Square Port St. Lucie, FL 34987 Phone: (772) 249-0733 www.bowman.com c Bowman Consulting Group, Ltd. Professional Surveyors and Mappers, Certificate NO. LB-8030 PALM BEACH COUNTY FLORIDA EXHIBIT "A" FLORIDA POWER AND LIGHT EASEMENT THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1" = 50' NONE SOUTH LINE TRACT "A" NOTE: SEE SHEET 2 OF 4 FOR DESCRIPTION AND 1 OF 4 FOR SURVEYOR'S NOTES AND CERTIFICATION. N S W E SESW NW NE P.O.B. (1) P.O.C. (1) SOUTHWEST CORNER OF TRACT "A" (P.B. 24, PG. 223) LESS ROAD R/W PER F.D.O.T. MAP NO.93220-2562 NORTHWEST 19TH AVENUE (50' PUBLIC R/W) S 87°48'31" E 360.49' CFN 20020040583 CFN 19980196084 PARCEL IDENTIFICATION NO.08434516010130020STATE ROAD NO.9 (I-95)(R/W PER F.D.O.T. MAP NO.93220-2562)(PUBLIC R/W WIDTH VARIES)NORTHWEST 17TH AVENUE BOYNTON PARKWAY PER PLAT (80' PUBLIC R/W) EXHIBIT "A" SKETCH AND DESCRIPTION THIS IS NOT A SURVEY BLOCK 21, P.B. 24, PG. 225P.O.C. (2) NORTHWEST CORNER OF LOT 83, BLOCK 21, (P.B. 24, PG. 223) 597 Transformer Location Sketch Exhibit A Does the Esmt Area Flood? Y or N Avg Flood depth: ________ Owner accepts 16”h Transformer Pad Y or N Owner Approved Vegetation Removal? Y or N Notch Fence for Transformer Placement? Y or N Fencing Material: _________________________________ Transformer Location/Easement Size: _________________________________________________________ Additional Notes/Comments: ________________________________________________________________ Owner Signature: ____________________________________________________ Date: _______________ Project Name LANTANA 37 - 5 WR# 12791745 BCG ID 103 Property Address 1901 N SEACREST BLVD 598 City of Boynton Beach Agenda Item Request Form 6.H Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-200- Approve an Amendment to the Community Development Block Grant (CDBG) FY2020 to reprogram Planning and Administration CDBG Coronavirus leftover funds to provide Emergency Rental Assistance. Requested Action: Staff recommends approval of Proposed Resolution No. R24-200. Explanation of Request: The City of Boynton Beach was allocated in Fiscal Year (FY) 2019 and FY 2020 a combined total of $911,184.00 in additional CDBG Coronavirus (CDBG-CV) funds under the CARES Act to provide citizens with supplemental funds to prevent, prepare for, and respond (PPR) to coronavirus. The City of Boynton Beach was awarded two rounds of funding from HUD in the following amounts: • CDBG-CV Round 1 - $351,815 • CDBG-CV Round 3 - $559,369 The objective of these funds was to assist low-to-moderate-income (LMI) individuals and families impacted by the coronavirus. City Commission allocated these funds to the following eligible activities which directly responded to Coronavirus (Resolution R21-092): • Emergency Rental Assistance $370, 645.00 • Public Services/Food Distribution $358,303.00 • Planning and Administration $182,236.00 The City currently has $123,022.08 in leftover funds from Planning and Administration that must be (re)allocated. These funds were planned for expenditure in CDBG FY 2019 and FY 2020. The U.S. Department of Housing and Urban Development (HUD) instructed Entitlement Communities to reprogram these CDBG-CV leftover funds to activities with PPR tieback to coronavirus, including activities to prevent eviction or stabilize LMI neighborhoods affected by economic disruption since January 2020. The City is required to amend its Annual Action Plan when significant changes are identified for any new activities or current activities that require a change in the budget amount in excess of 50 percent. In addition, the City must follow the Federal Regulations 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i), and 24 CFR 91.401, regarding citizen participation and 599 all applicable waivers and flexibilities made available under the CARES Act. Staff is recommending reprogramming these Planning and Administration leftover funds to assist with up to 6 months of Emergency Rental Assistance to eligible individuals or families that are or were affected directly or indirectly by COVID. Priority will be given to eligible applicants who are 50% or below the Area Median Income, homeless individuals or families, or those at risk of being homeless who have received either a past-due notice or an eviction notice. Eligible applicants must demonstrate that they don’t have the ability to pay rent. The assistance will be given based on need and covers only necessary and reasonable costs. The assistance will be paid to the housing provider on behalf of the eligible individual or family. How will this affect city programs or services? Approval of the amendment will continue to promote the improvement of living environments primarily for low-income households and neighborhoods. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: R24-200 Agenda_Item_2008-2023_Resolution_for_CDBG_CARES_Act_Amd.docx Exhibit A to Resolution - FY 2020 Annual Action Plan Amendment - CDBG-CV Tieback.pdf R21-092.pdf 600 RESOLUTION NO. R24-2001 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING THE COMMUNITY IMPROVEMENT DIVISION COMMUNITY 4 DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM CORONAVIRUS AID, RELIEF AND 5 ECONOMIC SECURITY ACT (CARES ACT) FISCAL YEAR 2020 ANNUAL ACTION PLAN 6 AMENDMENT; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,on August 3, 2021, the City Commission approved Resolution No. R21-0929 rescinding Resolution No. R20-059 and approving the First Amendment to the CDBG Annual 10 Action Plan for Fiscal Year 2019 for CDBG Care Act allocations 1 and 3; and11 WHEREAS, the City of Boynton Beach was allocated in Fiscal Year (FY) 2019 and FY 2020 12 a combined total of $911,184.00 in additional CDBG Coronavirus (CDBG-CV) funds under the 13 CARES Act to provide citizens with supplemental funds to prevent, prepare for, and respond (PPR) 14 to coronavirus. The City of Boynton Beach was awarded two rounds of funding from HUD in the 15 following amounts: 16 • CDBG-CV Round 1 - $351,815 17 • CDBG-CV Round 3 - $559,369; and18 WHEREAS,these funds aimed to assist low-to-moderate-income (LMI) individuals and 19 families impacted by the coronavirus. City Commission allocated these funds to the following 20 eligible activities which directly responded to Coronavirus (Resolution R21-092):21 • Emergency Rental Assistance $370, 645.00 22 • Public Services/Food Distribution $358,303.00 23 • Planning and Administration $182,236.00; and 24 WHEREAS,the City currently has $123,022.08 in leftover funds from Planning and 25 Administration that must be (re)allocated. These funds were planned for expenditure in CDBG FY 26 2019 and FY 2020. The U.S. Department of Housing and Urban Development (HUD), instructed 27 Entitlement Communities to reprogram these CDBG-CV leftover funds to activities with PPR 28 tieback to coronavirus, including activities to prevent eviction or stabilize LMI neighborhoods 29 affected by economic disruption since January 2020; and30 WHEREAS,the City is required to amend its Annual Action Plan when significant changes 31 are identified for any new activities or current activities that require a change in the budget 32 601 amount in excess of 50 percent. In addition, the City must follow the Federal Regulations 24 CFR 33 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i), and 24 CFR 91.401, regarding citizen participation 34 and all applicable waivers and flexibilities made available under the CARES Act; and 35 WHEREAS,Staff is recommending reprogramming these Planning and Administration 36 leftover funds to assist with up to 6 months of Emergency Rental Assistance to eligible individuals 37 or families that are or were affected directly or indirectly by COVID; and38 WHEREAS,priority will be given to eligible applicants who are 50% or below the Area 39 Median Income, homeless individuals or families, or those at risk of being homeless who have 40 received either a past due notice or an eviction notice. Eligible applicants must demonstrate that 41 they don’t have the ability to pay rent. The assistance will be given based on need and cover only 42 necessary and reasonable costs. The assistance will be paid to the housing provider on behalf of 43 the eligible individual or family; and44 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 45 best interests of the city's citizens and residents to approve the Community Improvement Division 46 Community Development Block Grant (CDBG) Program Coronavirus Aid, Relief and Economic 47 Security Act (CARES Act) Fiscal Year 2020 Annual Action Plan Amendment. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 50 BEACH, FLORIDA, THAT:51 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 52 being true and correct and are hereby made a specific part of this Resolution upon adoption.53 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 54 approve the Community Improvement Division Community Development Block Grant (CDBG) 55 Program Coronavirus Aid, Relief and Economic Security Act (CARES Act) Fiscal Year 2020 Annual 56 Action Plan Amendment (the “Amendment”), in form and substance similar to that attached as 57 “Exhibit A. “58 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 59 authorizes the Mayor to execute any ancillary documents as may be necessary to accomplish the 60 purpose of this Resolution.61 602 SECTION 4.This Resolution shall take effect in accordance with law.62 63 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.64 CITY OF BOYNTON BEACH, FLORIDA65 YES NO66 Mayor – Ty Penserga __________67 68 Vice Mayor – Aimee Kelley __________69 70 Commissioner – Angela Cruz __________71 72 Commissioner – Woodrow L. Hay __________73 74 Commissioner – Thomas Turkin __________75 76 VOTE ______77 ATTEST:78 79 ___________________________________________________________80 Maylee De Jesús, MPA, MMC Ty Penserga81 City Clerk Mayor82 83 APPROVED AS TO FORM:84 (Corporate Seal)85 86 _______________________________87 Shawna G. Lamb88 City Attorney89 603 City Manager’s Office/Community Improvement Division Community Development Block Grant (CDBG) Program Coronavirus Aid, Relief and Economic Security Act (CARES Act) Fiscal Year 2020 Annual Action Plan Amendment The City of Boynton Beach was allocated in Fiscal Year (FY) 2019 and FY 2020 a combined total of $911,184.00 in additional CDBG Coronavirus (CDBG-CV) funds under the CARES Act to provide citizens with supplemental funds to prevent, prepare for, and respond (PPR) to coronavirus. The City of Boynton Beach was awarded two rounds of funding from HUD in the following amounts: • CDBG-CV Round 1 - $351,815 • CDBG-CV Round 3 - $559,369 The objective of these funds was to assist low-to-moderate-income (LMI) individuals and families impacted by the coronavirus. City Commission allocated these funds to the following eligible activities which directly responded to Coronavirus (Resolution R21-092): • Emergency Rental Assistance $370, 645.00 • Public Services/Food Distribution $358,303.00 • Planning and Administration $182,236.00 The City currently has $123,022.08 in leftover funds from Planning and Administration that need to be (re)allocated. These funds were planned for expenditure in CDBG FY 2019 and FY 2020. The U.S. Department of Housing and Urban Development (HUD), instructed Entitlement Communities to reprogram these CDBG-CV leftover funds to activities with PPR tieback to coronavirus, including activities to prevent eviction or stabilize LMI neighborhoods affected by economic disruption since January 2020. The City is required to amend its Annual Action Plan, when significant changes are identified for any new activities, or current activities, that require a change in the budget amount in excess of 50 percent. In addition, the City must follow the Federal Regulations 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i), and 24 CFR 91.401, regarding citizen participation and all applicable waivers and flexibilities made available under the CARES Act. Staff is recommending to reprogram these Planning and Administration leftover funds, to assist with up to 6 months of Emergency Rental Assistance to eligible individuals or families that are or were affected directly or indirectly by COVID. Priority will be given to eligible applicants that are 50% or below of Area Median Income, individuals or families that are homeless, or at-risk of being homeless that have received either a past due notice or an eviction notice. Eligible applicants must demonstrate that they don’t have the ability to pay rent. The assistance will be given based on need and covers only necessary and reasonable cost. The assistance will be paid to the housing provider on behalf of the eligible individual or family. 604 1 RESOLUTION R21-092 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, RESCINDING RESOLUTION R20-059 AND 5 APPROVING FIRST AMENDMENT TO THE CDBG ANNUAL 6 ACTION PLAN FY 2019/2020 FOR CDBG CARES ACT 7 ALLOCATIONS 1 AND 3; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 11 WHEREAS, the City of Boynton Beach has been allocated a combined total of 12 $911,184 in additional CDBG funds under the CARES Act to provide citizens with 13 supplemental funds for the prevention of,preparation for,and response to coronavirus impacts; 14 and 15 WHEREAS, The City is required to amend its current Consolidated Plan and Annual 16 Action Plan to receive these funds and must follow the federal regulations of 24 CFR Part 17 91.05(c)(2) regarding citizen participation and all applicable waivers and flexibilities made 18 available under the CARES Act; and 19 WHEREAS, the City's Financial Services Department, through the Community 20 Improvement Division, manages the CDBG Program and will administer these additional 21 resources; and 22 WHEREAS, the City is proposing to re-allocate these funds to eligible activities which 23 directly respond to Coronavirus and in order to do so the original Resolution must be rescinded 24 and the amendment to the Action Plan adopted;and 25 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 26 interest of the citizens and residents of the City to rescind Resolution R20-059 and approve the 27 First Amendment to the CDBG Annual Action Plan FY 2019 for CDBG Cares Act allocations 28 1 and 3. S:\CA\RESO\Approve First Amendment to CDBG One Year Action Plan 2019 Cares Act Allocations-Reso.docx 1 605 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 34 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 35 rescind Resolution R20-059; and 36 Section 3. The City Commission hereby approves the First Amendment to the 37 CDBG Annual Action Plan FY 2019 for CDBG Cares Act allocations 1 and 3. 38 Section 4. This Resolution will become effective immediately upon passage. 39 PASSED AND ADOPTED this 3rd day of August, 2021. 40 CITY OF BOYNTON BEACH,FLORIDA 41 42 YES NO 43 44 Mayor—Steven B. Grant 45 46 Vice Mayor—Woodrow L.Hay 47 48 Commissioner—Justin Katz I/ 49 50 Commissioner—Christina L. Romelus V 51 52 Commissioner—Ty Penserga 53 54 VOTE y " 55 ATTEST: 56 57 58 i//4.1— I2 r(,;-• 59 Tammy Stanz'•ne r)., + j 60 Deputy City lerk 61 62 63 64 (Corporate Seal) S:\CA\RESO\Approve First Amendment to CDBG One Year Action Plan 2019 Cares Act Allocations-Reso.docx 2 606 R21-092 Notice to the Public From the Department of Development/Community Improvement Division Community Development Block Grant(CDBG)Program Coronavirus Aid,Relief and Economic Security Act(CARES Act)Amendment The City of Boynton Beach has been allocated a combined total of $911,184 in additional CDBG funds under the CARES Act to provide citizens with supplemental funds to prevent, prepare for,and respond to coronavirus. The City's Development Department, through the Community Improvement Division, manages the CDBG Program and will administer these additional resources. The City of Boynton Beach was awarded two rounds of funding from HUD in the following amounts: CDBG-CV Round 1-$351,815 CDBG-CV Round 3 -$559,369 The City is required to amend its current Consolidated Plan and FY 2019 Annual Action Plan to receive these funds and must follow the federal regulations of 24 CFR Part 91.05(c)(2) regarding citizen participation and all applicable waivers and flexibilities made available under the CARES Act. The purpose of this Notice is to fulfill those requirements. Citizens will have a 5-day public review and comment period starting on July 14, 2021 and ending on July 18, 2021 and may provide comments to the following: Community Improvement Division Attn: R.J. Ramirez,Grants Manager 101 E.Ocean Avenue Boynton Beach, FL 33425 Email: rarnirezrcubbfl.u= Proposed Uses of CDBG CARES Act Funds: The objective of these funds is to assist low and moderate-income individuals and families impacted by the coronavirus. The City is proposing to allocate these funds to the following eligible activities which directly respond to Coronavirus: Emergency Rental Assistance 370,645 Public Services/Food Distribution 358,303 Planning and Administration 182,236 Activities and Implementing Partners: Boynton Beach Faith Based Community Development - will provide intake/application services and coordinate a rental assistance program and ensure the eligibility of all households participating in the program. Payments will be made directly to landlords on behalf of the approved households. The city will award $370,645 under a sub-recipient agreement for these purposes. Approximately 70 households will receive a grant of up to three months of rental assistance. Feeding South Florida—assistance will be provided to this organization to address the increased need for food distribution through locations within Boynton Beach. The city will be providing funding in the amount of $358,303 for increased costs for food distributed to households impacted by coronavirus. More than 3,000 persons/households received food items. 607 7/16/2021 CDBG Program and CARES Act Amendment I City of Boynton Beach CDBG PROGRAM AND CARES ACT AMENDMENT HOME(I) / CDBG (/CDBG) / CDBG PROGRAM AND CARES ACT AMENDMENT Notice to the Public From the Department of Development/Community Improvement Division Community Development Block Grant (CDBG) Program Coronavirus Aid, Relief and Economic Security Act (CARES Act) Amendment The City of Boynton Beach has been allocated a combined total of$911,184 in additional CDBG funds under the CARES Act to provide citizens with supplemental funds to prevent, prepare for, and respond to coronavirus. The City's Development Department, through the Community Improvement Division, manages the CDBG Program and will administer these additional resources. The City of Boynton Beach was awarded two rounds of funding from HUD in the following amounts: CDBG-CV Round 1 - $351,815 CDBG-CV Round 3 - $559,369 The City is required to amend its current Consolidated Plan and FY 2019 Annual Action Plan to receive these funds and must follow the federal regulations of 24 CFR Part 91.05(c)(2) regarding citizen participation and all applicable waivers and flexibilities made available under the CARES Act. The purpose of this Notice is to fulfill those requirements. Citizens will have a 5-day public review and comment period starting on July 14, 2021 and ending on July 18, 2021 and may provide comments to the following: Community Improvement Division Attn: R.J. Ramirez, Community Improvement Program Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 Email: ramirezr©bbfl.us (mailto:ramirezr©bbfl.us) https://www.boynton-beach.org/cdbg/cdbg-program-and-cares-act-amendment 1/3 608 7/16/2021 CDBG Program and CARES Act Amendment I City of Boynton Beach Proposed Uses of CDBG CARES Act Funds: The objective of these funds is to assist low and moderate-income individuals and families impacted by the coronavirus. The City is proposing to allocate these funds to the following eligible activities which directly respond to Coronavirus: Emergency Rental Assistance: $370,645 Public Services/Food Distribution: $358,303 Planning and Administration : $182,236 Activities and Implementing Partners: Boynton Beach Faith Based Community Development - will provide intake/application services and coordinate a rental assistance program and ensure the eligibility of all households participating in the program. Payments will be made directly to landlords on behalf of the approved households. The city will award $370,645 under a sub-recipient agreement for these purposes. Approximately 70 households will receive a grant of up to three months of rental assistance. Feeding South Florida - assistance will be provided to this organization to address the increased need for food distribution through locations within Boynton Beach. The city will be providing funding in the amount of 358,303 for increased costs for food distributed to households impacted by coronavirus. More than 3,000 persons/households received food items. t ______ C IT Y or . BOYNTON BE A CH City Hail: 100 E. Ocean Ave. Boynton Beach, FL 33435 Phone: 561-742-6000 Contact City_(/c0ntact). https://www.boynton-beach.org/cdbg/cdbg-programand-cares-act-amendment 2/3609 7/16/2021 CDBG Program and CARES Act Amendment I City of Boynton Beach SITEMAP (/sitemap) PRIVACY POLICY(/privacy-policy) ADA NOTICE Vada-notice) 2019 All Rights Reserved https://www.boynton-beach.org/cdbg/cdbg-program-and-cares-act-amendment 3/3 610 OMB Number.4040-0004 Expiration Date:12/31/2022 Application for Federal Assistance SF-424 1.Type of Submission: 2.Type of Application: •If Revision,select appropriate letter(s): D Preapplication New Application Continuation Other(Specify): D Changed/Corrected Application [1 Revision 3.Date Received: 4.Applicant Identifier. J 5a.Federal Entity Identifier:5b.Federal Award Identifier: State Use Only: 8.Date Received by State:r 7.Slate Application Identifier L 8.APPLICANT INFORMATION: a.Legal Name: !City of Boynton Beach b.Employer/Taxpayer Identification Number(EINmN): c.UEI: 59-6000252 I [072297133000 d.Address: Street!: 1100 East Ocean Avenue Street2: City: Boynton Beach County/Parish: pals Beach State: FL: Florida Province: Country: USA: UNITED STATES Zip/Postal Code: 33435-0310 e.Organizational Unit: Department Name:Division Name: Development community Improvement f.Name and contact information of person to be contacted on matters Involving this application: Prefix: t"r. I First Name: IRJ j Middle Name: Last Name: Ramirez Suffix: Title: Community Improvement Program Manager Organizational Affiliation: 1 Telephone Number. 561-742-6359 i Fax Number ( 1 Email: ramirezr@bbf1.us 611 Application for Federal Assistance SF-424 9.Type of Applicant 1:Select Applicant Type: C: City or Township Government Type of Applicant 2:Select Applicant Type: Type of Applicant 3:Select Applicant Type: Other(specify): 10.Name of Federal Agency: united States Department of Rousing and Urban Development 11.Catalog of Federal Domestic Assistance Number: 4.2l8 CF DA Title: CMG 12.Funding Opportunity Number: B-20-MC-12-0043 Title: Community Development Block Grant CARES Act. 13.Competition identification Number. Title: 14.Areas Affected by Project(Cities,Counties,States,etc.): Add Attachment r-nr,.1l1 15.Descriptive Title of Applicant's Project: Emergency Rental Assistance and Public Services/Food Distribution Attach supporting documents as spedfied in agency Instructions. Add Attachments 1,t -*".^:, ._,_t=s „ ,, 4"- ._,;1, 1 612 Application for Federal Assistance SF-424 16.Congressional Districts Of: a.Applicant 23 J b.Program/Prr ect I Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment 01 --+ ( 17.Proposed Project: a.Start Date: 08/03/2021 V1 b.End Date: 108/03/2022 18.Estimated Funding(S): a.Federal r 351,815.001 b.Applicant c.State d.Local e.Other f. Program Income I 0.00 g.TOTAL 351,815.00 19.Is Application Subject to Review By State Under Executive Order 12972 Process? a.This application was made available to the State under the Executive Order 12372 Process for review on I LI b.Program Is subject to E.O.12372 but has not been selected by the State for review. c.Program is not covered by E.O.12372. 20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment) Yes No If"Yes",provide explanation and attach 21.*By signing this application,I certify(1)to the statements contained In the list of certifications'*and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances'* and agree to comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) I AGREE The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix Mrs.First Name: Lori Middle Name: Last Name: LaVerriere Suffix Title: City Manager Telephone Number. 561-742-6010 z u 1 Fax Number. Email: ILaVerriereL@bbf1.us 1 Signature of Authorized Representative: m, . w * Date Signed APPROVED AS TO FORM: CITY ATTORNEY 613 ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009 Expiration Date:02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances.If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application.Personnel Administration(5 C.F.R. 900, Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and,if appropriate,the State, Prevention Act(42 U.S.C. §§4801 et seq.)which the right to examine all records,books,papers,or prohibits the use of lead-based paint in construction or documents related to the assistance; and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non- directives. discrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964(P.L. 88-352) 3. Will not dispose of, modify the use of,or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education site and facilities without permission and instructions Amendments of 1972, as amended(20 U.S.C.§§1681 from the awarding agency.Will record the Federal 1683,and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex; (c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973,as amended(29)U.S.C. with Federal assistance funds to assure non- 794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps;(d)the Age Discrimination Act of 1975, as 4 Will comply with the requirements of the assistance amended(42 U.S.C. H6101-6107),which prohibits awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972{P.L.92-255), as amended relating to nondiscrimination on the basis of 5 Will provide and maintain competent and adequate drug abuse; (f)the Comprehensive Alcohol Abuse and engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation ensure that the complete work conforms with the Act of 1970(P.L.91-616), as amended,relating to approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or progressive reports and such other information as may be alcoholism;(g)§§523 and 527 of the Public Health required by the assistance awarding agency or State, Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee 6. Will initiate and complete the work within the applicable 3), as amended, relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.), as amended, relating to nondiscrimination in the sale,7. Will establish safeguards to prohibit employees from rental or financing of housing; (i)any otherusingtheirpositionsforapurposethatconstitutesor nondiscrimination provisions in the specific statue(s)presents the appearance of personal or organizational under which application for Federal assistance is beingconflictofinterest,or personal gain. made;and(j)the requirements of any other nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB Circular A-102 614 11. Will comply,or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955, as amended(42 U.S.C.§§7401 et seq.); (g)1970(P.L.91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as acquired as a result of Federal and federally-assisted amended(Pl.93-523); and, (h) protection of programs.These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973,as amended(P.L.93-205). Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of 1501-1508 and 7324-7328)which limit the political 1968 U.S.C. §§1271 et seq.)related to protecting components activities of employees whose principal employment wild and potential components of the national wild scenic rivers system activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable,with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic PreservationBaconAct(40 U.S.C. §§276a to 276a-7),the Copeland Act Act of 1966,as amended(16 U.S.C.§470), EO 1159340U.S.0 §276c and 18 U.S.C.§874), and the Contract identification and protection of historic properties),andWorkHoursandSafetyStandardsAct(40 U.S.C.§§327- the Archaeological and Historic Preservation Act of333)regarding labor standards for federally-assisted 1974(16 U.S.C.§§469a-1 et seq).construction subagreements. 14. Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial and Section 102(a)of the Flood Disaster Protection Act of 1973 compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No.A-133,P.L. 93-234)which requires recipients in a special flood Audits of States, Local Governments, and Non-ProfithazardareatoparticipateintheprogramandtopurchaseOrganizations." flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other Federal laws,executive orders, regulations, and policies15. Will comply with environmental standards which may be governing this program.prescribed pursuant to the following: (a)institution of environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)ofEnvironmentalPolicyActof1969(P.L. 91- the Trafficking Victims Protection Act(TVPA)of 2000,as 190)and Executive Order(EO) 11514; (b)notification amended(22 U.S.C.7104)which prohibits grant award of violating facilities pursuant to EO 11738;(c) recipients or a sub-recipient from (1)Engaging in severe protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3)Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C. §§1451 et seq.);(f)conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE City Manager I f APPLICANT ORGANIZATION DATE SUBMITTED City of Boynton Beach SF-424D(Rev.7-97)BackAPPROVEDASTOFORM: CITY ATTORNEY 615 Specific Community Development Block Grant Certifications The Entitlement Community certifies that: Citizen Participation —It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan--Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program(i.e.,the development of viable urban communities,by providing decent housing and expanding economic opportunities,primarily for persons of low and moderate income)and requirements of 24 CFR Parts 91 and 570. Following a Plan--It is following a current consolidated plan that has been approved by HUD. Use of Funds--It has complied with the following criteria: L Maximum Feasible Priority.With respect to activities expected to be assisted with CDBG funds,it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low-and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community,and other financial resources are not available(see Optional CDBG Certification). 2.Overall Benefit.The aggregate use of CDBG funds,including Section 108 guaranteed loans, during program year(s) FY 2019 a period specified by the grantee of one,two, or three specific consecutive program years], shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds,including Section 108 loan guaranteed funds,by assessing any amount against properties owned and occupied by persons of low and moderate income,including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements(assisted in part with CDBG funds)financed from other revenue sources,an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition,in the case of properties owned and occupied by moderate-income(not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force—It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 616 Compliance with Anti-discrimination laws--The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964(42 U.S.C.2000d)and the Fair Housing Act(42 U.S.C. 3601-3619)and implementing regulations. Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A,B,J,K and R. Compliance with Laws --It will comply with applicable laws. Signature of Authorized Official Date Cid Mana er Title APPROVED M TO FORM CITY ATTORNEY 617 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing--The jurisdiction will affirmatively further fair housing. Uniform Relocation Act and Anti-displacement and Relocation Plan--It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended,(42 U.S.C.4601-4655)and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti-Lobbying--To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of it,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement, it will complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying,"in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction--The consolidated plan is authorized under State and local law(as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan--The housing activities to be undertaken with Community Development Block Grant,HOME,Emergency Solutions Grant,and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3 --It will comply with section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701u)and implementing regulations at 24 CFR Part 135. Signature of Authorized Official Date City Manager Title APPROVED AS TO FORM: CITY ATTORNEy 618 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 619 OMB Number.4040-0004 Expiration Date:12/31/2022 Application for Federal Assistance SF-424 1.Type of Submission: 2.Type of Application: •If Revision,select appropriate letter(s): Preapplication New I Application Continuation Other(Specify): Changed/Corrected Application Revision 3.Date Received: 4.Applicant Identifier. ba.Federal Entity Identifier.5b.Federal Award Identifier: State Use Only: 8.Date Received by State: 7.State Application Identifier 8.APPUCANT INFORMAT1ON: a.Legal Name: City of Boynton Beach b.Employer/Taxpayer Identification Number(EIN/TIN): c.UEl: 159-6000282072247133000 1 d.Address: street1' 100 East Ocean Avenue Street2: 1 City: Iynton Beach County/Parish: 'Palm Beach State: Province: Country: USA: UNITED STATES Zip 1 Postal Code: 33435-0310 e.Organizational Unit: Department Name:Division Name: Development Community Improvement f.Name and contact Information of person to be contacted on matters involving this application: Prefix:Mr. First Name: IF Middle Name: f Last Name: Ramirez Suffix:1 J Title: Community Improvement Program Manager Organizational Affiliation: Telephone Number 561-742-6359 Fax Number. i Email: Iramire z r@bbf l.us 620 Application for Federal Assistance SF-424 9.Type of Applicant 1:Select Applicant Type: C: City or Township Government Type of Applicant 2:Select Applicant Type: I Type of Applicant 3:Select Applicant Type: L Other(specify): 10.Name of Federal Agency: United States Department of Housing and Urban Development 1 11.Catalog of Federal Domestic Assistance Number: 114.218 CFDA Title: 1CDBG 12.Funding Opportunity Number: 1B-20-MC-12-0043 Title: Community Development Block Grant CARES Act. 1 i 13.Competition identification Number: Title: i,_ 14.Areas Affected by Project(Cities,Counties,States,etc.): I 1 [ Add Attachment t .._, I 15.Descriptive Title of Applicant's Project Emergency Rental Assistance and Public Services/Food Distribution i Attach supporting documents as specified in agency instructions. Add Attachments ter."-* JR- 621 Application for Federal Assistance SF-424 16.Congressional Districts Of: a.Applicant r23---- ---- I b.Program/Project Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment l- 17.Proposed Project: a.Start Date: 108/03/2021 b.End Date: 08/03/20221 18.Estimated Funding(i): a.Federal 911,189.00 b.Applicant c.State d.Local I e.Other f. Program Income( 0.00I g.TOTAL 911,184.001 19.Is Application Subject to Review By State Under Executive Order 12372 Process? 0 a.This application was made available to the State under the Executive Order 12372 Process for review on C} b.Program is subject to E.O.12372 but has not been selected by the State for review. c.Program is not covered by E.O.12372. 20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment) E Yes Z No If"Yes",provide explanation and attach 1 21.•By signing this application,I certify(1)to the statements contained in the list of certifications"and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) 4 *•I AGREE The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: (Mrs. 1 First Name: Lori Middle Name: Last Name: LaVerriere Suffix; Title: City Manager i Telephone Number. 1561-792-6010 Fax Number: Email: LaVerriereL@bbfl.us Signature of Authorized Representative: r Date Signed: APPROVED AS TO FORM: CITY ATTORNEY 622 ASSURANCES- CONSTRUCTION PROGRAMS OMB Number:4040-0009 Expiration Date:02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1 Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional,managerial and financial capability of 1970(42 U.S.C. §§4728-4763)relating to prescribed including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application.Personnel Administration(5 C.F.R. 900, Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate, the State, Prevention Act(42 U.S.C. §§4801 et seq.)which the right to examine all records,books, papers,or prohibits the use of lead-based paint in construction or documents related to the assistance;and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non- directives. discrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964(P.L.88-352) 3. Will not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education site and facilities without permission and instructions Amendments of 1972, as amended(20 U.S.C.§§1681 from the awarding agency.Will record the Federal 1683,and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex;(c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973,as amended(29)U.S.C. with Federal assistance funds to assure non- 794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps;(d)the Age Discrimination Act of 1975,as 4. Will comply with the requirements of the assistance amended(42 U.S.C. §§6101-6107),which prohibits awarding agency with regard to the drafting, review and discrimination on the basis of age;(e)the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972(P.L.92-255),as amended relating to nondiscrimination on the basis of 5. Will provide and maintain competent and adequate drug abuse;(f)the Comprehensive Alcohol Abuse and engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation ensure that the complete work conforms with the Act of 1970(P.L.91-616), as amended, relating to approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or progressive reports and such other information as may be alcoholism;(g)§§523 and 527 of the Public Health required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ee 3),as amended,relating to confidentiality of alcohol6. Will initiate and complete the work within the applicable and drug abuse patient records;(h)Title VIII of the time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),as amended, relating to nondiscrimination in the sale,7. Will establish safeguards to prohibit employees from rental or financing of housing; (i)any other using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s) presents the appearance of personal or organizational under which application for Federal assistance is beingconflictofinterest,or personal gain. made;and(j)the requirements of any other nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB Circular A-102 623 11. Will comply, or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955,as amended(42 U.S.C.§§7401 et seq.); (g) 1970(P.L. 91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as acquired as a result of Federal and federally-assisted amended (P.L.93-523);and, (h) protection of programs.These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973,as amended(P.L. 93-205). Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. §§1271 et seq.) related to protecting1501-1508 and 7324-7328)which limit the political components or potential components of the national activities of employees whose principal employment wild and scenic rivers system. activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable,with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic PreservationBaconAct(40 U.S.C.§§276a to 276a-7),the Copeland Act Act of 1966,as amended(16 U.S.C.§470), EO 1159340U.S.C. §276c and 18 U.S.C.§874), and the Contract identification and protection of historic properties),andWorkHoursandSafetyStandardsAct(40 U.S.C.§§327- the Archaeological and Historic Preservation Act of333)regarding labor standards for federally-assisted 1974(16 U.S.C. §§469a-1 et seq). construction subagreements. 14. Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial and Section 102(a)of the Flood Disaster Protection Act of 1973 compliance audits in accordance with the aSr No Audit Act Amendments of 1996 and OMB Circular No.A-133,P.L.93-234)which requires recipients in a special flood Audits of States, Local Governments,and Non-ProfithazardareatoparticipateintheprogramandtopurchaseOrganizations." flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other Federal laws,executive orders, regulations, and policies15. Will comply with environmental standards which may be governing this program. prescribed pursuant to the following: (a)institution of environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)ofEnvironmentalPolicyActof1969(P.L.91- the Trafficking Victims Protection Act(TVPA)of 2000,as 190)and Executive Order(E0)11514; (b)notification amended(22 U.S.C.7104)which prohibits grant award of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from(1)Engaging in severe protection of wetlands pursuant to EQ 11990;(d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3)Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C.§§1451 et seq.); (f)conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Boynton Beach I SF-424D(Rev.7-97)Back APPROVED AS TO FORM: CITY'CfRNE1' 624 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing--The jurisdiction will affirmatively further fair housing. Uniform Relocation Act and Anti-displacement and Relocation Plan--It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended,(42 U.S.C. 4601-4655)and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti-Lobbying--To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of it,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract, grant, loan,or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,it will complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction--The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan--The housing activities to be undertaken with Community Development Block Grant,HOME,Emergency Solutions Grant,and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3 --It will comply with section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701u)and implementing regulations at 24 CFR Part 135. Signature of Authorized Official Date City Manager Title APPROVED AS TO FORM: CITY ATTORNEY 625 Specific Community Development Block Grant Certifications The Entitlement Community certifies that: Citizen Participation--It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan--Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program(i.e.,the development of viable urban communities,by providing decent housing and expanding economic opportunities,primarily for persons of low and moderate income)and requirements of 24 CFR Parts 91 and 570. Following a Plan--It is following a current consolidated plan that has been approved by HUD. Use of Funds--It has complied with the following criteria: 1.Maximum Feasible Priority.With respect to activities expected to be assisted with CDBG funds,it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low-and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available(see Optional CDBG Certification). 2. Overall Benefit.The aggregate use of CDBG funds,including Section 108 guaranteed loans, during program year(s) FY 2019 a period specified by the grantee of one,two,or three specific consecutive program years],shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds,including Section 108 loan guaranteed funds,by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However,if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements(assisted in part with CDBG funds)financed from other revenue sources,an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition,in the case of properties owned and occupied by moderate-income(not low-income) families,an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force--It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 626 Compliance with Anti-discrimination laws—The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964(42 U.S.C.2000d)and the Fair Housing Act(42 U.S.C.3601-3619)and implementing regulations. Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A,B,J,K and R. Compliance with Laws--It will comply with applicable laws. Signature of Authorized Official Date City Manager Title APPROVED AS TO FORM CITY ATTORNEY 627 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 628 City of Boynton Beach Agenda Item Request Form 6.I Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-201- Subcontract Agreement - Bicycle and Pedestrian Focused Initiative with the Florida Department of Transportation (FDOT) through a grant with the University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management (IPTM). Requested Action: Staff recommends approval of Proposed Resolution No. R24-201. Explanation of Request: The Florida Department of Transportation (FDOT) through a grant with the University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police Technology and Management (IPTM); Project # 433144-1-8404, Contract # G2X22 utilizes law enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. The goal of this effort is to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists using high visibility education and enforcement details. The Boynton Beach Police Department (BBPD) is allocated $5,000 toward overtime to support these efforts. Approval of this subcontract will allow BBPD to conduct education and enforcement operations in areas specified as high frequency crash fatality locations for pedestrians and bicyclists. Previous Years Awarded: FY 23/24 $5,438.24 FY 22/23 $9,542.22 FY 21/22 $6,831.51. The agreement utilizes the University of North Florida's contract template, which requires the City to indemnify FDOT and the University of North Florida for acts of its employees. How will this affect city programs or services? With rapid growth and expansion, there comes a need to further enhance our efforts to reduce traffic crashes, fatalities, and injuries related to pedestrians and bicyclists through education and enforcement. Pedestrians and bicyclists are more vulnerable than all other road users. Traffic crashes involving pedestrians and bicyclists are more likely to result in fatal or serious injuries than any type of traffic crashes. Fiscal Impact: 629 There's no fiscal impact on the budget for approving this item; as an alternative, the Police Department would need to rely on the general fund operating budget to support these enhanced public safety activities. Attachments: R24-201 Agenda_Item_2020-2023_Resolution_for_Pedestrian_and_Bicycle_Safety.docx Exhibit A to Resolution - 433144-1-8404 G2X22 City of Boynton Beach Contract Approval 14Aug2024.pdf 630 RESOLUTION NO. R24-2011 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVINGA LETTER OF AGREEMENT AND CONTRACT WITH UNIVERSITY 4 OF NORTH FLORIDA TRAINING AND SERVICES INSTITUTE, INC., D/B/A INSTITUTE OF 5 POLICE TECHNOLOGY AND MANAGEMENT FOR PEDESTRIAN AND BICYCLE SAFETY 6 HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS,the Florida Department of Transportation (FDOT) through a grant with the 10 University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police Technology 11 and Management (IPTM); Project # 433144-1-8404, Contract # G2X22 utilizes law enforcement 12 support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. 13 The goal of this effort is to reduce traffic crashes resulting in serious and fatal injuries to 14 pedestrians and bicyclists using high visibility education and enforcement details; and15 WHEREAS,the Boynton Beach Police Department (BBPD) has allocated $5,000 toward 16 overtime to support these efforts; and17 WHEREAS, the total contract amount will not exceed $5,000 with a contract period to 18 begin upon execution and will end on May 9, 2025; and 19 WHEREAS, approval of this subcontract will allow BBPD to conduct education and 20 enforcement operations in areas specified as high-frequency crash fatality locations for 21 pedestrians and bicyclists; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the city's citizens and residents to approve a Letter of Agreement and Contract 24 with University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police 25 Technology and Management for Pedestrian and Bicycle Safety High Visibility Education and 26 Enforcement Campaign. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29 BEACH, FLORIDA, THAT:30 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption.32 631 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 33 approve a Letter of Agreement and Contract between the University of North Florida Training and 34 Services Institute, Inc., d/b/a Institute of Police Technology and Management, and the City for 35 Pedestrian and Bicycle Safety High Visibility Education and Enforcement Campaign in the amount36 not to exceed $5,000 (the “Agreement”), in form and substance similar to that attached as “Exhibit 37 A. “38 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 39 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 40 ancillary documents required under the Agreement or necessary to accomplish the purposes of 41 the Agreement and Resolution. 42 SECTION 4.The City-executed Agreement shall be forwarded to Jaclyn Smith to obtain 43 execution of the Agreement by the University of North Florida Training and Services Institute, Inc., 44 d/b/a Institute of Police Technology and Management. Jaclyn Smith shall be responsible for 45 ensuring that one fully-executed Agreement is returned to the City to be provided to the Office 46 of the City Attorney for forwarding to the City Clerk for retention as a public record.47 SECTION 5.This Resolution shall take effect in accordance with law.48 [signatures on following page]49 50 51 52 53 54 55 56 57 58 632 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.59 CITY OF BOYNTON BEACH, FLORIDA60 YES NO61 Mayor – Ty Penserga __________62 63 Vice Mayor – Aimee Kelley __________64 65 Commissioner – Angela Cruz __________66 67 Commissioner – Woodrow L. Hay __________68 69 Commissioner – Thomas Turkin __________70 71 VOTE ______72 ATTEST:73 74 ___________________________________________________________75 Maylee De Jesús, MPA, MMC Ty Penserga76 City Clerk Mayor77 78 APPROVED AS TO FORM:79 (Corporate Seal)80 81 _______________________________82 Shawna G. Lamb83 City Attorney84 633 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516634941 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516635942 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516636943 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516637944 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516638945 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516639946 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516640947 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516641948 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516642949 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516643950 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516644951 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C45251608/14/2024 | 5:22 PM EDT645952 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516646953 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516647954 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516648955 City of Boynton Beach Agenda Item Request Form 6.J Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-202- Approve the Collective Bargaining Agreement with Boynton Beach Association of Fire Fighters Florida Local 1891 of the International Association of Fire Fighters, AFL-CIO, CLC effective October 1, 2024 through September 30, 2027. Requested Action: Staff recommends approval of Proposed Resolution No. R24-202. Explanation of Request: The IAFF bargaining unit negotiated a new contract with the City. Within the contract, language affecting sick leave use, off duty detail pay, overtime reductions, career path requirements and updated pay plan are clearly stated and reflect monetary and operational improvements to the Fire Department. How will this affect city programs or services? It will allow the City to continue providing a high level of service to our employees and residents. This will also help with promotional and recruitment process' due to revised language and updated step plan. Fiscal Impact: Through impact bargaining, concessions were made by the Fire Union to help pay for the cost of this agreement. There were also multiple changes to clean up language within the contract that allow for positive fiscal impact to the City. The cost of this contract achieves revenue neutrality. Attachments: R24-202 Agenda_Item_2026-2023_Resolution_for_IAFF_Collective_Bargaining_Agmt_2024- 2027.docx IAFF Collective Bargaining Agreement 2024-2027.pdf Local 1891 Letter 24-27.pdf IAFF CBA 2024-2027 Member Vote Results.pdf 649 RESOLUTION NO. R24-2021 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING THE COLLECTIVE BARGAINING AGREEMENT WITH BOYNTON 4 BEACH ASSOCIATION OF FIRE FIGHTERS FLORIDA LOCAL 1891 OF THE 5 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC EFFECTIVE 6 OCTOBER 1, 2024, THROUGH SEPTEMBER 30, 2027; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,the City and the Boynton Beach Association of Fire Fighters Florida Local 1891, 9 of the International Association of Fire Fighters ("Union") have successfully concluded 10 negotiations and desire to enter into a Collective Bargaining Agreement; and11 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 12 best interests of the city's citizens and residents to approve the Collective Bargaining Agreement 13 with Boynton Beach Association of Fire Fighters Florida Local 1891 of the International Association 14 of Fire Fighters, AFL-CIO, CLC effective October 1, 2024, through September 30, 2027.15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 17 BEACH, FLORIDA, THAT:18 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption.20 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 21 approve the Collective Bargaining Agreement with Boynton Beach Association of Fire Fighters 22 Florida Local 1891 of the International Association of Fire Fighters, AFL-CIO, CLC effective October 23 1, 2024, through September 30, 2027 (the “Agreement”), in form and substance similar to that 24 attached as “Exhibit A. “25 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 26 authorizes the Mayor and the City Manager to execute the Agreement. The Mayor is further 27 authorized to execute any ancillary documents required under the Agreement or necessary to 28 accomplish the purposes of the Agreement and this Resolution.29 SECTION 4.The City-executed Agreement shall be forwarded to Lynn Nazario to obtain 30 execution of the Agreement by the Union. Lynn Nazario shall be responsible for ensuring that 31 one fully-executed Agreement is returned to the City to be provided to the Office of the City 32 650 Attorney for forwarding to the City Clerk for retention as a public record.33 SECTION 5.This Resolution shall take effect in accordance with law.34 35 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.36 CITY OF BOYNTON BEACH, FLORIDA37 YES NO38 Mayor – Ty Penserga __________39 40 Vice Mayor – Aimee Kelley __________41 42 Commissioner – Angela Cruz __________43 44 Commissioner – Woodrow L. Hay __________45 46 Commissioner – Thomas Turkin __________47 48 VOTE ______49 ATTEST:50 51 ___________________________________________________________52 Maylee De Jesús, MPA, MMC Ty Penserga53 City Clerk Mayor54 55 APPROVED AS TO FORM:56 (Corporate Seal)57 58 _______________________________59 Shawna G. Lamb60 City Attorney61 651 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS FLORIDA LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2027 Ratified by the Union Body: __________ Ratified by the Commission: __________ 652 EXECUTIVE BOARD PRESIDENT GEORGIO SALAME 561-319-7170 PRESIDENTLOCAL1891@GMAIL.COM VICE PRESIDENT KURT LEWIS 561-632-9861 EXECUTIVEVP1891@GMAIL.COM LEGISLATIVE VP JONATHAN MCMAHON 561-376-9469 LEGISLATIVEVP1891@GMAIL.COM SECRETARY / TREASURER TYLER HOFFMANN 561-715-6945 SEC.TREAS1891@GMAIL.COM EXECUTIVE BUSINESS AGENT PAUL PHILLIPS 561-504-5988 EXECUTIVEBA1891@GMAIL.COM LEGISLATIVE BUSINESS AGENT DANIEL DELAHUNTY 561-400-0821 LEGISLATIVEBA1891@GMAIL.COM SARGENT AT ARMS CHARLES MYERS 561-202-5698 653 TABLE OF CONTENTS October 1, 2024 – September 30, 2027 Union ______ City ______ ARTICLE 1 PREAMBLE……………………………………………………………………………………. 1 ARTICLE 2 RECOGNITION………………………………………………………………………………. 2 ARTICLE 3 NON-DISCRIMINATION…………………………………………………………………. 3 ARTICLE 4 PAYROLL DEDUCTION OF DUES…………………………………………………….. 4 ARTICLE 5 UNION TIME POOL………………………………………………………………………. 5 ARTICLE 6 REPRESENTATION OF THE UNION…………………………………………………. 6 ARTICLE 7 REPRESENTATION OF THE CITY……………………………………………………… 7 ARTICLE 8 UNION BUSUNESS………………………………………………………………………… 8 ARTICLE 9 MODIFICATION OF CONDITIONS…………………………………………………… 10 ARTICLE 10 HOURS OF WORK…………………………………………………………………………. 12 ARTICLE 11 WORKING CONDITIONS………………………………………………………………… 13 ARTICLE 12 UNIFORM AND EQUIPMENT………………………………………….……………… 14 ARTICLE 13 ANNUAL OCCUPATIONAL FITNESS EVALUATIONS………………………….. 16 ARTICLE 14 GROUP INSURANCE……………………………………………………………………… 19 ARTICLE 15 LEGAL DEFENSE……………………………………………………………………………. 21 ARTICLE 16 WAGES …………………………………………………………………………………………. 22 ARTICLE 17 CALLBACK, OVERTIME, & MANDATORY…………………………………………. 24 ARTICLE 18 SICK LEAVE……………………………………………………………………………………. 26 ARTICLE 19 COMPASSIONATE LEAVE……………………………………………………………….. 30 ARTICLE 20 VACATION & ANNUAL LEAVE………………………………………………………… 31 ARTICLE 21 PERSONAL TIME……………………………………………………………………………. 32 ARTICLE 22 HOLIDAY………………………………………………………………………………………… 33 ARTICLE 23 COURT TIME…………………………………………………………………………………. 34 ARTICLE 24 WORKING OUT OF CLASSIFICATION……………………………………………… 35 ARTICLE 25 EDUCATION………………………………………………………………………………….. 36 ARTICLE 26 EDUCATIONAL SUPPLEMENTAL COMPENSATION………………………….. 37 ARTICLE 27 ASSIGNMENT & SPECIAL DETAIL PAY…………………………………………….. 38 ARTICLE 28 LICENSES & REGISTRATION FEES…………………………………………………… 39 ARTICLE 29 SENIORITY & TIME-IN-GRADE……………………………………………………… 40 ARTICLE 30 VACANCIES & PROMOTIONS…………………………………………………………. 41 ARTICLE 31 NOTIFICATION & DISTRIBUTION……………………………………………………. 45 ARTICLE 32 GRIEVANCE & ARBITRATION…………………………………………………………. 46 ARTICLE 33 PREVAILING RIGHTS……………………………………………………………………… 50 ARTICLE 34 EXCHANGE OF TIME……………………………………………………………………… 51 ARTICLE 35 SAVINGS CLAUSE………………………………………………………………………….. 53 ARTICLE 36 APPENDICES, AMENDMENTS, & ADDITIONS………………………………… 54 ARTICLE 37 SUCCESSORS………………………………………………………………………………… 55 ARTICLE 38 COMPENSATORY TIME…………………………………………………………………. 56 ARTICLE 39 MANAGEMENT RIGHT………………………………………………………………….. 57 ARTICLE 40 SUPPLEMENTAL RETIREMENT INSURANCE…………………………………… 58 ARTICLE 41 COLLATERAL DOCUMENTS…………………………………………………………… 60 ARTICLE 42 PENSION………………………………………………………………………………………. 61 ARTICLE 43 DRUG-FREE WORKPLACE……………………………………………………………… 62 654 TABLE OF CONTENTS October 1, 2024 – September 30, 2027 Union ______ City ______ ARTICLE 44 WELLNESS & FITNESS PROGRAM………………………………………………….. 63 ARTICLE 45 MODIFIED WORK & LIGHT DUTY…………………………………………………… 64 ARTICLE 46 DISCIPLINE & PERFORMANCE MANAGEMENT………………………………. 66 ARTICLE 47 SEAT ASSIGNMENT……………………………………………………………………….. 69 ARTICLE 48 DURATION……………………………………………………………………………………. 70 ADDENDUM A CAREER LADDER…………………………………………………………………………… 71 ADDENDUM B TUITION ASSISTANCE PROGRAM………………………………………………….. 75 ADDENDUM C PAY PLAN………………………………………………………………………………………. 76 ADDENDUM D DRUG-FREE WORKPLACE POLICY………………………………………………….. 77 AGREEMENT SIGNATURE PAGE 655 ARTICLE 1 - PREAMBLE 1 October 1, 2024 – September 30, 2027 Union ______ City ______ This Agreement is entered into by the City of Boynton Beach, a municipal corporation (hereinafter referred to as the "City") and the Boynton Beach Association of Fire Fighters Florida Local 1891, of the International Association of Fire Fighters (hereinafter referred to as the "Union,") which has as its purpose: The promotion of harmonious relations between the City and the Union; for the establishment of an equitable and peaceful procedure for the resolution of differences; the prevention of interruptions of work and interference with the operations of the City; to encourage and improve efficiency and productivity; to maintain the highest standards of personal integrity and conduct at all times; and the establishment of an entire agreement covering hours, wages, benefits, and terms and conditions of employment applicable to bargaining unit members. Therefore, in consideration of the mutual provisions and agreements contained in this Agreement, the City and the Union agree as follows: 656 ARTICLE 2 - RECOGNITION 2 October 1, 2024 – September 30, 2027 Union ______ City ______ The City recognizes the Union as the sole and exclusive bargaining agent for the purpose of establishing wages, hours, and terms and conditions of employment pertaining to the regular, full- time positions of Firefighter, Operator Engineer, Lieutenant, Captain, Fire Marshal, Battalion Chief, and Division Chiefs which require possession and maintenance of Florida Firefighter Certification and Florida Emergency Medical Technician Certification or Florida Paramedic Certification. 657 ARTICLE 3 - NON-DISCRIMATION 3 October 1, 2024 – September 30, 2027 Union ______ City ______ Neither the City nor the Union shall discriminate against any bargaining unit member in a manner prohibited by law based on race, age, religion, color, gender, gender identity or expression, sexual orientation, national origin, marital status, physical or mental disability, or any other unlawful factor. Alleged violations of this Article shall not be subject to the grievance and/or arbitration procedure established herein. No bargaining unit member shall be discriminated against, intimidated, restrained, or coerced in exercising any rights granted by this Agreement or in exercising any Union and/or protected concerted activities. The sole remedy for charges in this Article is the filing of an Unfair Labor Practice (ULP). Bargaining unit members have an affirmative duty to report any discriminatory conduct to the City’s Director of Human Resources. 658 ARTICLE 4 - PAYROLL DEDUCTION OF DUES 4 October 1, 2024 – September 30, 2027 Union ______ City ______ The City will deduct, once each pay period, dues in an amount certified to be current by the Treasurer of the Union from the pay of those bargaining unit members who individually request in writing that such deductions be made. The total amount of deductions shall be remitted each month by the City to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of this authorization by the Union Treasurer. The Union will pay for this service in the form of a lump sum payment of one hundred dollars ($100.00) per contract year. Any bargaining unit members may revoke their dues deductions to withdraw from membership by forwarding their intentions in writing to the Union Treasurer. The Union Treasurer shall be responsible for notifying the City's Finance Department of such revocation. 659 ARTICLE 5 - UNION TIME POOL 5 October 1, 2024 – September 30, 2027 Union ______ City ______ A Union Time Pool is established to allow Union officers or their designees to conduct Union business and attend Union functions. Each contract year, the City will credit the Union Time Pool with two hundred forty (240) hours of time to be used in increments of two (2) hours or more. Between September 1st and September 15th of each contract year, four (4) hours of time shall be credited to the Union Time Pool from each employee covered under this agreement from their accumulated vacation time and subsequently used to permit designated Union representatives to attend Union functions. If a union member decides not to donate to the Union Time pool or chooses to donate more than four (4) hours, then that member must elect to do so by September 1st of each contract year using the designated form in NeoGov. All donated time will be calculated and banked on an hour-to-hour basis. An accurate list of those bargaining unit members donating to this time pool shall be maintained by the Union President and the Fire Department’s Administrative Payroll Associate, a copy of which will be provided to the Fire Chief. Only those bargaining unit members donating time shall be eligible to work in the absence of a Union Representative who is benefiting from this Article. It shall be the Union President’s responsibility to coordinate with the Fire Chief (or Designee) the provisions of coverage and replacement of Union Representatives attending an approved function. All requests to use this time are subject to daily staffing requirements and must be submitted for approval by the Fire Chief (or Designee) at least forty-eight (48) hours in advance of the requested date of use. The on-duty Battalion Chief may consider verbal emergency requests by the Union President (or Designee). A maximum of four (4) Union Representatives may be allowed time off, and each must follow departmental procedure when applying for time off using Union Time Pool hours. When scheduled use of Union Time Pool hours results in overtime for another bargaining unit member, the Union Time Pool will be charged at (drawn down by) time and one-half (1.5) so that a bargaining unit member’s absence is cost-neutral to the City. 660 ARTICLE 6 - REPRESENTATION OF THE UNION 6 October 1, 2024 – September 30, 2027 Union ______ City ______ The membership of the Union shall be represented by the President of the Union or by a person or persons designated in writing to the City Manager by the President of the Union. The identification of representatives shall be made each year prior to April 1st. The President of the Union, or the person or persons designated by the Union President, shall have full authority to conclude a collective bargaining agreement on behalf of the Union, subject to a majority vote of those bargaining unit members voting on the question of ratification. The Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those as defined herein, regardless of their position or association with the union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any change in the designation of the President or any certified representative of the Union. 661 ARTICLE 7 - REPRESENTATION OF THE CITY 7 October 1, 2024 – September 30, 2027 Union ______ City ______ The City shall be represented by the City Manager or a person or persons designated in writing to the Union by the City Manager. The person designated shall have full authority to negotiate a collective bargaining agreement on behalf of the City. The City representative or representatives are the official representatives of the City for the purpose of negotiating with the Union. Negotiations entered with persons other than those as defined herein, regardless of their position or association with the City, shall be deemed unauthorized and shall have no authority or weight in committing or in any way obligating the City. 662 ARTICLE 8 -UNION BUSINESS 8 October 1, 2024 – September 30, 2027 Union ______ City ______ Meetings: 1. The City agrees to permit Union meetings at any time at the City's Fire Stations after prior verbal or written notice from the Union to the Fire Chief or designee as to the time and place the meeting is to be held. 2. The Union may schedule the use of the City’s meeting rooms at Station 5 for one (1) regular meeting monthly. The dates of the monthly meetings for the upcoming fiscal year (October 1st through September 30th) will be furnished to the City by October 1st of each year. 3. The City ’s meeting rooms may be requested at other times in accordance with City Policy, SAG, and/or SOG. The City will not assess a fee for the Union's use of the meeting rooms. 4. Union meetings shall not in any way interfere with the operations of the City. Bulletin Board/Digital Board: 1. The City agrees to provide a space in all fire stations for a bulletin board/electronic board for the purpose of posting Union letters and materials. 2. The Union President or designee will sign all materials placed on the Union Bulletin Board or electronic board. 3. Materials placed on the Union Bulletin Board/electronic board shall pertain only to Union activities and shall not reflect negatively upon any employees, officials, or constituents of the City. 4. No materials that violate the provisions of this section shall be posted, and if posted, the Fire Chief or designee shall remove them, and the Union President or designee will be notified. Activities: 1. Employees elected or appointed to represent the Union may be granted time to perform the following functions without loss of pay, provided staffing as determined and approved by the Fire Chief or designee is maintained: • Attendance at regular monthly Union meetings; • Attendance at meetings with the Fire Chief; • Attendance at City Commission meetings; or 663 ARTICLE 8 -UNION BUSINESS 9 October 1, 2024 – September 30, 2027 Union ______ City ______ • Attendance at disciplinary hearings and activities related to grievance procedures. Union activity shall not in any way interfere with the operations of the City. Negotiations: 1. Up to four (4) Executive Union Officers of the Union negotiating team will be allowed time off without loss of pay for all negotiating sessions with the City provided no overtime is required. Negotiations shall be scheduled at times mutually agreeable to the Union and the City. Internet Access: 1. The City agrees to provide twenty-four (24) hour internet access for Executive Union Officers via the City's Network. 2. The Union President shall be allowed to use the City’s “Outlook” for bargaining unit member notices that directly affect operations (i.e. scheduling annual physicals). Materials posted shall be subject to approval by the Fire Chief prior to posting. Union Office: 1. The City agrees to provide the Union with an office. Florida State Legislature: 1. Two (2) members of the Union shall be released from work to attend sessions of the Florida State Legislature for City related business (i.e. Pam Beach County Days). The President must notify the Fire Chief or designee of the request for time. Transportation, lodging, meals, registrations, and incidental costs will be the responsibility of the Union. The City and the Union may agree to reopen this article at any time during the duration of the Agreement if mutually agreed upon. 664 ARTICLE 9 - MODIFICATION OF CONDITIONS 10 October 1, 2024 – September 30, 2027 Union ______ City ______ Fire Rescue Operational Rules and Regulations: 1. Bargaining unit members shall comply with all Fire Rescue Operational Rules and Regulations, including those relating to conduct and work performance. The City may abolish, adopt, or amend Operational Rules and Regulations necessary for the safe, orderly, and efficient operation of the Fire Rescue Department. A Committee on Rules and Regulations is established for the Fire Rescue Department. This Committee is comprised of six (6) members: three (3) appointed by the City and three (3) members of the Union Executive Board. This Committee shall be charged with the duty of reviewing the published and proposed Fire Rescue Operational Rules and Regulations and issuing advisory opinions to the Fire Chief. This Committee shall meet as needed. 2. Except in instances of emergency situations, in which delaying a change would result in likely harm to others or impending liability to the City as a result of the exiting Rule or Regulation, the City will provide the Committee with at least fifteen (15) calendar days of prior notice, before the effective date of any changes to the department’s Operational Rules and Regulations. Deviations from Operational Rules and Regulations required as a result of an emergency situation shall be reviewed by the Committee on Rules and Regulations within ninety (90) calendar days of the emergency. Modification of Conditions: 1. When the City intends to make changes to City or Departmental Administrative Rules or Regulations, Policies, or Guidelines, the City will provide written notice to the Union. The notice will include a description of the change and an implementation date, which shall be no less than thirty (30) calendar days from the date of notice. 2. If the Union believes that the modification constitutes a change to wages, benefits, or terms and conditions of employment, then the Union will have fifteen (15) calendar days from the date of notice to advise the City in writing that the Union is requesting pre- implementation or post-implementation impact bargaining. Such written request shall identify with specificity the manner in which the modification affects the rights of bargaining unit members. The request shall also include three (3) dates and times when the Union is available to meet with the City to discuss/bargain the modification. When bargaining is requested, it shall begin no less than five (5) calendar days following the Union’s request and shall be concluded within thirty (30) calendar days following the first bargaining session. Unless otherwise agreed to by the City and the Union during their 665 ARTICLE 9 - MODIFICATION OF CONDITIONS 11 October 1, 2024 – September 30, 2027 Union ______ City ______ bargaining, the implementation date of change shall take effect as initially announced by the City, subject to the Union’s right to continue impact bargaining. 3. This provision is not a waiver, restraint, or limitation on the City’s Management Rights, including to unilaterally determining the purpose of its departments, setting standards of services to be offered to the public, and exercising control and discretion over its organization and operations, nor is it a waiver, restraint, or limitation on the Union’s right to bargain pursuant to Chapter 447, Florida Statute 666 ARTICLE 10 - HOURS OF WORK 12 October 1, 2024 – September 30, 2027 Union ______ City ______ Bargaining unit members are regularly scheduled to work twenty-four (24) hour shifts and may be referred to in this Agreement as “shift” members. A shift schedule for the term of this Agreement is defined as follows: 1. An average of a forty-two (42) hour work week with one (1) shift on duty and three (3) shifts off duty with no Kelly day, commonly referred to as a 24/72 schedule, for an average of 2190 annual hours worked. The shift on duty is from 7:30 a.m. (0730) to 7:30 a.m. (0730) the following day. 2. Bargaining unit members are to be ready (in uniform, gear on apparatus, radio turnover completed) to respond to an emergency at the start of their shift (0730). 3. Shift members shall not be allowed to work more than forty-eight (48) scheduled hours in any sixty (60) hour time period unless a State of Emergency has been declared in accordance with City Policy, SAG, and/or SOG, or authorized by the Fire Chief or designee with the exception of scheduled training. Bargaining unit members promoted to the positions of Division Chief and Fire Marshal will have a schedule based on a forty-hour (40) work week for an average of 2080 annual hours worked. Division Chiefs and the Fire Marshal may Flex their time to attend City events or to conduct City business. Changes to this schedule may be altered by the Deputy Chief and in an agreement between the Fire Chief and Union President. a) Flex Time - is an alternative to the traditional 9-to-5, 40-hour work week. It allows employees to vary their arrival and/or departure times. Under some policies, employees must work a prescribed number of hours a pay period and be present during a daily "core time." The Fair Labor Standards Act (FLSA) does not address flexible work schedules. Alternative work arrangements, such as flexible work schedules, are a matter of agreement between the employer and the employee (or the employee's representative). Bargaining unit members assigned by the Fire Chief (or Designee) on a temporary basis to an alternate schedule in order to accomplish special projects or special assignments may be placed on a forty (40) hour work week; the member's pay rate shall not be adjusted: however, the City will provide up to: 1. Two (2) hours (0.4 hours per day, not to be fractionalized) of straight time in each workweek so that the members who are working forty (40) hour weekly schedule will have the opportunity to maintain forty-two (42) hours of pay in the workweek. 667 ARTICLE 11 - WORKING CONDITIONS 13 October 1, 2024 – September 30, 2027 Union ______ City ______ Bargaining unit members may be needed at any time to fight fires and/or render emergency medical care, and, to do so effectively, they need to be constantly prepared. They must be ready to respond immediately to calls for service. Continual training and equipment maintenance are required to ensure that the desired response effectiveness is attained. The Union supports and participates in training, equipment maintenance, fire prevention programs, emergency medical service programs, and public education programs, which have as their goal, the increased efficiency of the City's fire protection and emergency medical service. Bargaining unit members will perform routine station maintenance, which is defined as any type of maintenance that is deemed necessary. 668 ARTICLE 12 - UNIFORM AND EQUIPMENT 14 October 1, 2024 – September 30, 2027 Union ______ City ______ A. The City provides Fire Rescue Department personnel with uniforms on an as-needed basis based on availability. The initial uniform allocation includes Class “A” uniforms, uniform shirts, uniform pants/shorts, ball caps, T-shirts, Belts, gym shorts, work jackets, job shirts, and patches as needed. The current placement of patches will apply. B. Each bargaining unit member will receive a shoe allowance in the amount of one hundred seventy-five dollars ($175.00), less applicable taxes, in the second paycheck in January. Bargaining unit members are required to wear shoes/boots that comply with department safety and uniform guidelines set forth in a Fire Department Policy. C. Uniforms, excluding initial allocations, may be acquired on an "as-needed" basis through an allowance allotment system. Each fiscal year of this contract, bargaining unit members shall receive up to four hundred dollars ($400.00) worth of uniforms, excluding shoes/boots. a. A bargaining unit member may have their allotment allocated by the Deputy Chief for the replacement of uniforms that are determined to not meet department standards. D. Initial allocations of uniforms, excluding shoes/boots, will be provided to bargaining unit members as determined necessary by the Fire Chief (or Designee). E. The City shall provide members of the Technical Rescue and Dive Teams with any specialized uniform(s) and personal protective equipment (PPE) needed to perform the functions of those respective teams. F. All Personal Protective Equipment (PPE), as outlined in the Fire Rescue Department regulations, shall be furnished as necessary to bargaining unit members by the City. The title to such equipment shall remain with the City, with the exception of a bargaining unit member who has retired and has the option to keep his/her badges and structural helmet. If standards of fire- fighting safety equipment change, upon replacement of existing equipment, the replacement equipment will be National Fire Protection Association (NFPA) recommended. If a Firefighter needs a replacement of fire-fighting Personal Protective Equipment, (s)he shall submit such request in writing through the chain of command. The Fire Rescue Department Safety Officer shall make a determination as to the appropriateness of such replacement. Once it is determined that a replacement is needed, the City shall promptly initiate the replacement of the item. The City shall notify the bargaining unit member of the approximate time the replacement item will arrive and will notify the member if the arrival will be delayed due to extenuating circumstances. 669 ARTICLE 12 - UNIFORM AND EQUIPMENT 15 October 1, 2024 – September 30, 2027 Union ______ City ______ G. The City will arrange for the repair or replacement of a bargaining unit member’s uniform or work clothing that is damaged, at no fault of the member, during the member’s performance of his/her job duties. In such instances, the facts and circumstances must be documented at the time of the incident. H. Damage to items such as prescription optical aids and dentures are considered “injuries” through Workers’ Compensation only when the damage is shown to be part of, or in conjunction with an accident, in which the damage specifically occurred as the result of an accident in the normal course of employment. In such instances, the facts and circumstances shall be documented on a Supervisor Incident Report (SIR) with a copy to Risk@bbfl.us prior to the end of shift. Otherwise, the City is not responsible for the loss or damage to a bargaining unit member’s personal property, which (s)he elects to wear, carry, bring to, or leave at work. I. Bargaining unit members may be responsible for expenses incurred in replacing lost, misplaced, and/or damaged safety gear and/or clothing due to personal negligence or intentional misuse, which is subject to review and recommendation to the Fire Chief by the Labor-Management Team. J. Bargaining unit members promoted to the position of Battalion and Division Chief shall receive a monthly cell phone allowance. The allowance is subject to Federal Income Tax. K. All Fire Rescue department-issued uniforms and equipment will be used exclusively while on duty or at scheduled departmental-sanctioned events as determined by the Fire Chief. L. Division Chiefs and the Fire Marshal shall be provided a take-home vehicle equivalent to the executive package of the Deputy Fire Chief. 670 ARTICLE 13 - ANNUAL OCCUPATIONAL FITNESS EVALUATIONS 16 October 1, 2024 – September 30, 2027 Union ______ City ______ Physical Evaluation: 1. Due to the importance of certification of fitness for duty, bargaining unit members are required to attend and participate in an annual occupational fitness evaluation as scheduled, which is conducted in accordance with the standards set forth in the most current edition of N.F.P.A. 1582 and as adapted and approved by the Labor-Management Team. Bargaining unit members will schedule this annual occupational exam on a seniority basis through the Fire Department’s designated Administrative personnel. This annual evaluation is mandatory. The evaluation is performed off duty with compensation equaling three (3) hours at a rate of one and a half (1.5) times the bargaining unit member’s hourly rate of pay in the form of Compensatory Time. 2. It is the responsibility of the bargaining unit member to ensure that this annual physical evaluation and all follow-up testing required solely as a result of being found “unfit for duty” are completed in a timely manner and as scheduled. Efforts will be made to allow for the scheduling of this follow-up testing to be performed on duty. 3. Failure to attend, participate, and/or complete the annual occupational fitness evaluation as required will result in the bargaining unit member being placed on a “no work” status until the evaluation is complete. Compensation for time in a “no work” status will be through the use of only accrued and unused sick leave, compensatory time, and vacation leave (in that order). If all aforementioned leave time is exhausted, the bargaining unit member will be placed in an unpaid status until such time that the full evaluation and any required follow up is completed. 4. For the term of this Agreement, the City will contract with a qualified medical provider to perform the annual occupational fitness evaluation. Records associated with this physical evaluation and any follow-up evaluations required solely in connection with the return to work of an employee who was found to be “unfit for duty” are provided to the Director of Human Resources, who will also ensure all the records (fit and unfit for duty) are properly maintained in the employee’s confidential medical file, which is separate from the employee’s personnel file. Further, an employee who was found to be “unfit for duty,” or who was recommended for referral to another medical provider, may be contacted by Human Resources regarding ADAAA, FMLA, and/or Workers’ Compensation. 671 ARTICLE 13 - ANNUAL OCCUPATIONAL FITNESS EVALUATIONS 17 October 1, 2024 – September 30, 2027 Union ______ City ______ Immunizations: 1. Whenever any standard, medically recognized vaccine or other forms of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted pursuant to Florida Statute 112.181, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the United States Public Health Service, the City may require bargaining unit members to undergo the immunization or prophylaxis unless the member’s physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the member’s health. Absent such written declaration, failure or refusal by a bargaining unit member to undergo such immunization or prophylaxis disqualifies the member from the benefits of the presumption that the communicable disease was contracted while on duty. 2. The City will reinstate a member’s leave time taken for recovery if that member contracts a disease that is covered under a Declaration of Emergency by the State of Florida and the member is vaccinated against such disease if such vaccination exists. In order to receive reinstatement of time, proof of contraction (in the form of a Lab Result from a medical facility) must be submitted to Human Resources and Risk Management by email to: FMLA@bbfl.us. 3. The City shall provide an immunization schedule during the term of this Agreement for all members as a means of protection from the following: a. Hepatitis – Type B: Offered to all bargaining unit members. Members who refuse to be immunized for Hepatitis Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty. b. Hepatitis– Type A: Offered to all bargaining unit members. Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. c. The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. d. The City shall offer immunizations that are approved by the Federal Drug Administration and are readily available for any disease that is under a Declaration of Emergency by the State of Florida. 672 ARTICLE 13 - ANNUAL OCCUPATIONAL FITNESS EVALUATIONS 18 October 1, 2024 – September 30, 2027 Union ______ City ______ Exposures: 1. It shall be mandatory for the City to notify the bargaining unit member when documentation exists that the bargaining unit member was significantly exposed to a communicable disease in the line of duty only after such documentation is brought to the attention of the City. Certain exposures, pursuant to Florida Statute 112.181(2), shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the member must, by written affidavit as provided in Florida Statute 92.50 must verify information in such written declaration. 673 ARTICLE 14 - GROUP INSURANCE 19 October 1, 2024 – September 30, 2027 Union ______ City ______ Medical, Dental, and Vision: 1. There are multiple medical benefit plans available to bargaining unit members, for example High Deductible Health Plan (HDHP). The premium cost for “employee only” coverage for the HDHP medical, dental, and vision insurance premiums shall be paid for all bargaining unit members while employed by the City. Bargaining unit members will pay the full cost of HDHP medical, dental, and vision insurance for their dependents. The City Commission, through the Annual Budget process, may appropriate funds to subsidize employees’ premium costs for employees who cover dependent children on their medical plans. Any subsidy offered does not extend beyond the plan year for which it is budgeted, and the offering of, and/or amount of, any such subsidy is not subject to negotiation. 2. Types of coverage currently in effect during a plan year shall not be reduced during that same plan year. The Union may designate one (1) bargaining unit representative to participate on the evaluation committees for any RFPs related to employee group medical insurance. PLAN YEARS Year 1 October 1, 2024 – September 30, 2025 Year 2 October 1, 2025 – September 30, 2026 Year 3 October 1, 2026 – September 30, 2027 HSA Contributions: 1. The City will contribute an annualized total of one thousand dollars ($1000.00) into a bargaining unit member’s Health Savings Account (HSA) on the first full paycheck date following January 1st of each Plan Year. 2. In order to be eligible for the HSA deposit above, a bargaining unit member must have been actively employed with the City before October 1st of the current Plan Year and select the High Deductible Health Plan (HDHP). 674 ARTICLE 14 - GROUP INSURANCE 20 October 1, 2024 – September 30, 2027 Union ______ City ______ Leave Time Conversion to HSA: 1. The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. For each Plan Year, this conversion can be done at the following times: a. January 1st – January 31st of each Plan Year (any amount up to an annualized total of $1,000.00). b. April 1st – April 30th of each Plan Year (any amount up to an annualized total of $1000.00). c. For purposes of this Article, “annualized” means plan year/contract year/fiscal year October 1st through September 30th of each Plan Year. New Hires: 1. Bargaining unit members hired on or after October 1st of each Plan Year and who elect to be covered by the City’s High Deductible Health Plan (HDHP) will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of service for the City to deposit into their HSA through September for each Plan Year. This initial deposit will be made on the first check of the month in which the member becomes enrolled in the City’s High Deductible Health Plan (HDHP). Life Insurance: 1. Bargaining unit members are provided with a fifty thousand dollars ($50,000) term life and accidental death policy with the premium paid by the City. 2. In the event a bargaining unit member is killed in the line of duty as per F.S.S. 112.191 (2)(f), as amended from time to time, or suffers a catastrophic injury, as defined in F.S.S. 440.02(37), as amended from time to time, and provided for in F.S.S. 112.191 (2)(g), as amended from time to time, or partially or totally disabled as provided for in F.S.S. 112.18, as amended from time to time, the City shall pay the entire COBRA premium for the member, spouse (until remarried) and/or dependents (until the end of the calendar year in which the dependent child reaches age 26) who elect to continue on the City’s medical, dental, and/or vision plans. 675 ARTICLE 15 - LEGAL DEFENSE 21 October 1, 2024 – September 30, 2027 Union ______ City ______ The City will provide a bargaining unit member with a legal defense when a bargaining unit member is listed as a defendant in a civil action, provided the bargaining unit member was acting within the scope of employment at the time of the act or omission, which is the subject of the action accused. The scope of the City’s responsibilities is as set forth in Florida Statutes 111.07 – Defense of civil actions against public officers, employees, or agents. The City will not provide a defense to an employee acting outside the scope of his/her employment who is charged with a criminal action. Bargaining unit members who volunteer their off-duty time to participate in City-authorized events may be covered under this Article if a situation arises in which an off-duty bargaining unit member was required to render job-related emergency services while volunteering at the City-authorized event. 676 ARTICLE 16 - WAGES 22 October 1, 2024 – September 30, 2027 Union ______ City ______ The charts in Addendum C - Pay Plan contain the step plan in effect for bargaining unit members effective October 1, 2024. Bargaining unit members who are eligible for Assignment Pay pursuant to Article 27 -Assignment & Special Detail Pay will have the corresponding amount(s) added to their base hourly rates of pay, which is considered wages. ASSIGNMENT PAY HOURLY INCREASE Paramedic (Dept Approved) 4.57 Rescue Bid Assignment 0.91 Technical Rescue 0.91 Dive Rescue 0.91 Dual TRT & Dive 1.37 Special Operations Managers 0.47 Special Operations Coordinators 0.47 Special Operations Leaders 0.47 Special Projects 0.91 SPECIAL DETAIL HOURLY RATE OF PAY Instructor, City Events, Special Details 51.50 (Oct 2024) 53.05 (Oct 2025) 54.64 (Oct 2026) Bargaining unit members who are promoted through the ranks will have the corresponding rate calculated to their base rate of pay, which is considered wages. PERCENTAGE RATE INCREASES FOR CAREER LADDER PROMOTIONS: Probationary Employee to Firefighter 5.0 Firefighter to Operator Engineer 3.0 Firefighter to Lieutenant 18.0 Operator Engineer to Lieutenant 15.0 Lieutenant to Captain 5.0 Lieutenant to Fire Marshal 13.0 Captain to Battalion Chief (or Fire Marshal) 8.0 Battalion Chief to Division Chief 6.0 A member’s regular hourly base rate must always be in an existing “step” rate pursuant to Addendum C. Due to the starting step rate, rounding, and ending calculated rate with a promotional percentage applied, the actual promotional percentage may deviate from the 677 ARTICLE 16 - WAGES 23 October 1, 2024 – September 30, 2027 Union ______ City ______ guideline above in order to ensure members are placed into the appropriate “step” upon promotion. Step Plan: 1. Each bargaining unit member will be placed into the step associated with their years of completed service in his/her rank and will receive the corresponding hourly rate of pay for the following Plan Years: PLAN YEARS PLACEMENT DATE Year 1 October 1, 2024 – September 30, 2025 Employees Anniversary Year 2 October 1, 2025 – September 30, 2026 Employees Anniversary Year 3 October 1, 2026 – September 30, 2027 Employees Anniversary 2. According to the following table, the Step Plan shall receive a cost-of-living percentage increase on October 1st of each year of this agreement. EFFECTIVE DATE PERCENTAGE October 1, 2024 2.0 October 1, 2025 2.0 October 1, 2026 2.0 Years of Service (Reference to the Step Plan): 1. Defined as total years completed as of the individual’s anniversary date. a. Example 1 – Employees with 12 years and 4 months will be placed in Year 12 of the Step Plan. b. Example 2 – Employees with 15 years or more will be placed in Year 14 of the Step Plan 2. Bargaining unit members who are at the maximum year placement (year 14 at any position) will receive compensation in a lump sum payment equal to their current annualized step. 3. Lateral steps within the Step Plan shall increase according to the following: CONTRACT YEAR PERCENTAGE October 1, 2024 – September 30, 2025 4.33 October 1, 2025 – September 30, 2026 4.66 October 1, 2026 – September 30, 2027 5.00 678 ARTICLE 17 - CALLBACK, OVERTIME, & MANDATORY 24 October 1, 2024 – September 30, 2027 Union ______ City ______ Callback: 1. Callback is defined as any time a bargaining unit member is called into work when (s)he is off duty or when the work time is not contiguous with the member's shift. In the event of Callback, the bargaining unit member shall be paid for the actual time worked but not less than two (2) hours at a rate of pay one and a half (1.5) times the member's hourly rate which includes Certification Assignment Pay. The procedure for Callback will be in accordance with Labor-Management Team guidelines. The Fire Chief can waive the above provisions for operational purposes. a. Example – (Base Rate + All Assignment Pay) x 1.5 = Callback Hourly Rate. b. Bargaining unit members may choose to select Comp Time at 1.5x the hours worked. Overtime: 1. Overtime is defined as any time a bargaining unit member is required to stay longer than his/her assigned 24-hour shift by his/her officer. Overtime shall be paid at the rate of one and one-half (1.5) times the bargaining unit member's hourly rate which includes Certification Assignment Pay. Bargaining unit members who are in a duty status less than fifteen (15) minutes either before their shift or after their shift will not be eligible for overtime pay. Bargaining unit members who are in duty status for fifteen (15) minutes or more either before their shift or after their shift must do so only with their Chief Officers approval in order to be eligible for overtime pay at the overtime rate. a. Example – (Base Rate + All Assignment Pay) x 1.5 = Overtime Hourly Rate. b. Bargaining unit members may choose to select Comp Time at 1.5x the hours worked. Deployment: 1. Deployment is defined as a request by a federal or local agency for resources within a department to respond and assist in the mitigation of an emergency. The Fire Chief has the authority to assign resources, including bargaining unit members, to respond. These members will be paid at the rate of one and a half times (1.5x) their regular hourly rate, which includes Certification Assignment Pay, for any hours worked outside of their normal scheduled shifts. The rate of pay shall start at the defined time of when the bargaining unit member is ordered to arrive at the Department and until the member has returned and is released. 679 ARTICLE 17 - CALLBACK, OVERTIME, & MANDATORY 25 October 1, 2024 – September 30, 2027 Union ______ City ______ Mandatory: 1. Mandatory is defined as any time a bargaining unit member is forced to stay due to a shortage of personnel so as not to affect minimum staffing levels and services to the City set by the Fire Chief. The procedure for Callback will be in accordance with Labor- Management Team Guidelines. The Fire Chief can waive the above provisions for operational purposes. Mandatory shall be paid at the rate of one and one-half (1.5) times the bargaining unit member's hourly rate which includes Certification Assignment Pay. a. Example – (Base Rate + All Assignment Pay) x 1.5 = Mandatory Hourly Rate. Education Requirements: 1. Efforts are made to offer classes for renewing certificates on shift schedules. When these classes are offered on a shift schedule, and a bargaining unit member elects to attend classes outside of the shift schedule, (s)he will not be compensated. Additionally, bargaining unit members who attend classes that are not required by the Fire Chief (or Designee) will not be compensated. 2. Training Classes deemed essential by the Fire Chief and missed due to the use of Exchange of Time, Vacation Day, Sick Day, or Scheduled Sick Day shall be made up on specified make- up days or on the employee’s own personal time. Ineligibility: 1. No bargaining unit members shall be eligible for Overtime, Callback, or accept any Special Detail following the use of twelve (12) hours or more of sick leave, Administrative non-paid leave, or FMLA leave until they have reported to work for at least one (1) regularly scheduled twenty-four (24) hour shift. 2. Any bargaining unit member who accepts Overtime or Callback prior to calling in sick in a pay cycle will have their Overtime and Callback pay reduced to regular pay. 3. Bargaining unit members will not be scheduled for Administrative leave non-paid or Suspension with no pay in the same pay cycle if the member has accepted Overtime or Callback. 4. If a pattern of abuse is determined, abuse of this article shall substitute for abuse of leave and careless and/or negligent use of City funds; the bargaining unit member shall be ineligible for overtime or callback for one hundred eighty (180) days. 680 ARTICLE 18 - SICK LEAVE 26 October 1, 2024 – September 30, 2027 Union ______ City ______ Accruals: 1. Bargaining unit members shall accrue sick leave at a rate of twelve (12) hours per month (5.54 hours per pay period) for a total annualized accrual amount of one hundred forty- four (144) hours. No bargaining unit member shall be entitled to use sick leave in excess of the amount of accrued and unused hours (s)he has available. There is no cap on the accumulation of sick time. Notice of Use of Sick Hours: 1. Sick: A bargaining unit member shall notify the on-duty Battalion Chief (or Designee) and submit the request through the electronic scheduling software, in a manner provided for by management, of his/her illness no later than 0700 hours, before the start of his/her scheduled shift. 2. Scheduled Sick: A bargaining unit member may request one (1) scheduled sick day annually (Calander Year) with a minimum of seventy-two (72) hours of advanced notice to use scheduled sick hours for a full shift for personal health, family medical, dental, optical, appointments and/or procedures. Documentation to support payment under the “scheduled sick” pay code must be provided to the Fire Chief (or Designee) immediately upon returning to shift. Unsubstantiated use of such time will result in the time being re- coded to “sick.” Scheduled Sick may not be utilized on weekends, on the bargaining unit member shift before, on the shift of, or on the shift after a City-observed holiday or in connection to a vacation day, compensatory time, or exchange of time. Documentation Required: 1. For any use of sick time in excess of two (2) consecutive scheduled shifts or sick occurrence before, on, or after a Federally Observed Holiday, Vacation Day, or Scheduled Swap, a bargaining unit member is required to provide written medical certification to the Deputy Chief immediately upon returning to work. Failure to do so will result in Disciplinary Action. a. Example- If a holiday falls on a Wednesday, a Doctor ’s Note is required if the bargaining unit member calls out sick anytime from the Saturday prior to the holiday through the Sunday following the holiday. 681 ARTICLE 18 - SICK LEAVE 27 October 1, 2024 – September 30, 2027 Union ______ City ______ 2. Medical Certification (Doctors Note) must have the following: (Office of Internal Investigations & Accountability (OIIA) may validate the legitimacy and use of the Doctors Note). No HIPPA info is required. a. Providers physical letterhead; b. Phone number; c. Address; d. Dates of service; and e. Signature 3. Sick hours may be requested and/or utilized upon approval of the Fire Chief (or Designee) for the following reasons: a. Quarantine due to exposure to contagious disease. b. In connection with a member’s Workers’ Compensation case, where (s)he has declined a light duty assignment or where no such assignment is available. c. In connection with an approved Family and Medical Leave Act (FMLA), leave for a serious medical condition of the member or the member’s immediate family member, as defined in (FMLA). Bonus Hours for Unused Sick Time: 1. For every consecutive six (6) month period elapsing since the bargaining unit member’s last sick occurrence, excluding scheduled sick, the bargaining unit member will receive twenty- four (24) hours of vacation time. Payout of Sick Leave: 1. Bargaining unit members who have more than two hundred forty (240) hours of sick leave as of April 1st of every Plan Year may request to transfer (no later than April 1st) up to one hundred (100) sick leave hours to vacation leave hours, provided that accumulated sick hours do not fall below two hundred forty (240) hours as a result of the transfer. Transfer of this time will be credited to the bargaining unit member’s vacation bank during the month of April. 2. Bargaining unit members will have payment made for their accrued and unused sick hours, at a fifty (50%) percent payout, upon resignation, termination, retirement, change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the Pension Plan). 682 ARTICLE 18 - SICK LEAVE 28 October 1, 2024 – September 30, 2027 Union ______ City ______ Return to Shift: 1. Bargaining unit members who call in sick may return to work during the remainder of their shift if they feel capable of performing their work duties and are not contagious. A member who returns to work after calling in sick prior to the start of shift must use twelve (12) hours of sick leave and return at 1930 hours. Members who leave work during shift due to any usage of sick time must remain out for the remainder of the shift. Exhaustion on Sick Time: 1. Bargaining unit members who have exhausted their accumulated sick leave and are still unable to return to work, may use accrued and available vacation leave. Members must make such requests to the Fire Chief. Use of Sick Time: 1. In the case of a prolonged, serious illness of the bargaining unit member or an eligible family member, a bargaining unit member shall apply for FMLA as provided for in City policies. The City may designate any qualifying leave as FMLA in accordance with the law. Bargaining unit members requesting this family sick provision for other than an immediate family member shall provide Human Resources with verifiable proof of primary caregiver status prior to the use of this provision. Donating Sick Time: 1. Sick leave donations may be requested and used with approval from the Fire Chief and HR Director. Disincentives: 1. Operational Personnel who have four (4) or more sick leave occurrences in a calendar year shall be subject to disincentive actions as follows: SICK OCCURRENCE DISINCENTIVES 4TH Occurrence Loss of (Day-of Leave) 5th Occurrence 4th occurrence disincentives, loss of overtime, loss of bid assignment 6th Occurrence 5th occurrence disincentives, special performance evaluation, loss of bid right, and any corresponding assignment pay 7th Occurrence 6th occurrence disincentives, disciplinary action up to termination 2. Bid disincentives of loss of bid assignment and/or bid right will take effect the following bid cycle. 683 ARTICLE 18 - SICK LEAVE 29 October 1, 2024 – September 30, 2027 Union ______ City ______ 3. A bargaining unit member may be disciplined if a documented pattern of abuse of sick can be proven. Sick Leave Occurrence: 1. Any absence under this Article, except for approved FMLA, Military Leave, ADA Leave, or scheduled sick, shall be considered an occurrence as determined by the Fire Chief. 2. One (1) occurrence is defined as: a. The use of one (1) or more consecutive days of sick; or b. If working less than one-half (1/2) of the hours of the employee’s normal shift, or any combination of occasions of sick leave utilization which, when combined, total one-half (1/2) of the employee’s normal shift, with or without an excuse i. Example- Four (4) occasions of three (3) hours shall equal one (1) occurrence) 684 ARTICLE 19 - COMPASSIONATE LEAVE 30 October 1, 2024 – September 30, 2027 Union ______ City ______ In the event of the death of a family member of a bargaining unit member, the member shall be granted one (1) shift day leave on a day of the member's choosing within thirty days (30) of the death. A family member is defined as the bargaining unit member's spouse, mother, father, stepfather, stepmother, parents of their spouse, foster parents, foster child, stepchild, mother-in-law, father- in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, spouse’s grandparents, grandchildren, brother, sister, son, daughter, stepbrother, stepsister, niece, or nephew. The terms Spouse and Domestic Partner (residing in the same household) shall be viewed as the same when pertaining to this article. 1. Registration of a domestic partner through the city must be approved and in place prior to the request for compassionate leave. Bargaining unit members utilizing this Article are responsible for providing the Fire Chief with a verifiable written notice of death (e.g., an obituary or copy of the death certificate) within thirty (30) calendar days of the last date of compassionate leave. Failure to do so will result in the rescission of previously paid leave. 685 ARTICLE 20 - VACATION & ANNUAL LEAVE 31 October 1, 2024 – September 30, 2027 Union ______ City ______ The following plan outlines the vacation leave policy for bargaining unit members. Vacations will be picked on a seniority basis and can be taken in increments of twelve (12) or twenty-four (24) hours, one shift at a time. Each bargaining unit member shall earn vacation leave, accumulated in hours, for each full year of continuous service as outlined below. Vacation will be accrued in accordance with the following schedule: HOURS PER PAY PERIOD ANNUAL HOURS DOE until 1st Anniversary 4.00 104 Beginning of 2nd year until 4th Anniversary 4.81 125 Beginning of 5th year until 8th Anniversary 5.62 146 Beginning of 9th year until 11th Anniversary 6.42 167 Beginning of 12th year until 15th Anniversary 7.23 188 Beginning of 16th year until 19th Anniversary 8.04 209 Beginning of 20th year and after 8.85 230 In computing vacation leave earned, no increments will accrue for any twenty-one (21) day work period that includes four (4) or more days of leave of absence without pay. Bargaining unit members may accrue vacation hours up to the Allowable Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent years of employment. During the fiscal year, vacation hours may accrue above the Allowable Maximum; however, any accrued and unused vacation hours exceeding the Allowable Maximum as of September 30th of each year will be forfeited, except for vacation hours earned during those fiscal years of this Agreement pursuant to Article 18 - Sick Leave. A request for a one-time exception for a bargaining unit member to accumulate more than two years of earned accrued vacation must be submitted by September 30th, one (1) year prior to the overage occurrence. Bargaining unit members requesting vacation time on the same day may be approved on a seniority basis at the time of request; however, it will not be approved if the issuing of the vacation time results in a Callback, Overtime, or Mandate. Annual Leave: No bargaining unit member may be out of work on vacation, exchanges of time, or comp time for a period longer than forty-two (42) days. Exception: Personal emergencies approved by the Deputy Chief or designee. 686 ARTICLE 21 - PERSONAL TIME 32 October 1, 2024 – September 30, 2027 Union ______ City ______ Bargaining unit members may request to use their vacation time or compensatory time for personal reasons while on duty for a minimum of two (2) hours and a maximum of twelve (12) hours, provided those hours are not fractionalized. This privilege shall be available only when such use will not be detrimental to the efficient/normal operation of the Fire Rescue Department as determined by the Fire Chief (or Designee). Efficient/normal operating levels shall be determined by minimum staffing as determined by the Fire Chief. Seniority will be a factor in granting personal use of vacation time requests prior to 0730. Thereafter, documented time-stamped requests submitted at or after 0730 are considered in the order of receipt on a first-come, first-serve basis. The process will be managed through the electronic scheduling software. Verbal requests are not considered. No grievance procedures are available to any member regarding Article 21 - Personal Time. 687 ARTICLE 22 - HOLIDAYS 33 October 1, 2024 – September 30, 2027 Union ______ City ______ The following days shall be considered holidays: New Year's Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve, and Christmas Day. The Union agrees to waive bargaining over the inclusion of any additional holidays declared by the City during the term of this Agreement. Bargaining unit members who are in an active status on the date of a city-observed holiday will receive twelve (12) hours of pay at a straight time. Bargaining unit members may elect to defer their Holiday Pay at straight time, for which payment will be disbursed in the last paycheck in September. 1. Members must initiate an electronic form between October 1st and October 15th for each fiscal year. If an e -form is not received for a member by the deadline, the member forfeits his/her right to defer Holiday Pay for that year of the Agreement. a. Example- for the fiscal year 2020, the member must initiate the electronic form between October 1, 2020, and October 15, 2020. 688 ARTICLE 23 - COURT TIME 34 October 1, 2024 – September 30, 2027 Union ______ City ______ Any bargaining unit member who is summoned or subpoenaed to appear in a court of law, while off duty, as a result of his/her employment as a bargaining unit member, will be paid for his/her court time at the rate of one and one-half (1.5) times his/her current hourly rate, excluding travel time, provided the Fire Chief is given prior notification so that the Fire Chief has the opportunity to schedule such appearance during regular duty hours. The bargaining unit member will receive a minimum of three (3) hours pay, and the member shall return all fees received from the Court to the City. This Section does not apply when the bargaining unit member is required to appear on a day that they are on duty. A bargaining unit member who is required by a court of law to appear for jury duty during a day when they are on duty shall return all fees received from the court to the City, excluding travel expenses. The bargaining unit member shall notify the Battalion Chief through his/her Chain of Command upon receipt of a summons for jury duty. A bargaining unit member who has been instructed to remain on standby for court appearance pursuant to this article during the member’s off-duty hours shall be paid one-half (0.50) the straight-time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When a bargaining unit member is required to standby for eight (8) hours, the bargaining unit member shall receive four (4) hours plus one (1) additional hour at straight time. If a bargaining unit member does go to court (s)he will be paid for the court time indicated in this article and will not receive any standby time pay. 689 ARTICLE 24 - WORKING OUT OF CLASSIFICATION 35 October 1, 2024 – September 30, 2027 Union ______ City ______ A bargaining unit member who is assigned the duties and/or responsibilities of a range above his/her current classification will be compensated additionally as follows: (Except during the use of Exchange Time pursuant to Article 34 – Exchanges of Time, when assigned, the bargaining unit member shall accept the duties and responsibilities of the position.) PERCENTAGE RATE INCREASES FOR WORKING OUT OF CLASSIFICATION Firefighter to Operator Engineer 3.0 Firefighter to Lieutenant 18.0 Operator Engineer to Lieutenant 15.0 Lieutenant to Captain 5.0 Captain to Battalion Chief 8.0 Higher classification assignments for Acting Operator Engineer, Lieutenant, Captain, and Battalion Chief shall be made on a rotating basis. All assignments shall be logged as part of daily permanent records. Assignments will not be changed to intentionally avoid payment. The following shall be the order on whom is chosen for the position: 1. First, eligible bargaining unit members that occupy the most current promotional eligibility list with respect to assigned shift(s). a. Example: Members “A” and “B” are on an eligibility list. If member “A” is on Overtime, Callback, or Exchange of Time, member “B,” who is on their assigned shift, shall be placed in the higher classification. 2. Second, eligible bargaining unit members that meet the requirements pursuant to Addendum A - Career Ladder. 3. If no one is available pursuant to Article 24—Working out of Classification, the Fire Chief (or designee) may qualify eligible bargaining unit members. Bargaining unit members who are or have been on an Operator Engineer Promotional Eligibility list shall be eligible to step up into the role of Operator Engineer. Members who no longer occupy an Operator Engineer Promotional Eligibility list must continue to meet the annual requirements set forth by the Training Division to continue being eligible to step up as an Operator Engineer. A member shall be removed from the approved Operator Engineer step-up list if they fail to meet the annual requirements. 690 ARTICLE 25 - EDUCATION 36 October 1, 2024 – September 30, 2027 Union ______ City ______ Non-probationary bargaining unit members are permitted to attend schools or classes for Career Ladder requirements while on duty, using personal time, as defined in Article 21 – Personal Time, for the purpose of obtaining the education required for advancement or the updating of skills and knowledge, provided that such leave will not reduce the manpower of any shift below acceptable limits or result in overtime, as determined by the Battalion Chief unless approved by the Fire Chief or designee. Reimbursement rates are set and published each fiscal year by the Fire Chief (or Designee) and are not intended to exceed Florida In-State tuition rates. Course selection and attendance must be pre-approved by the Fire Chief. The City will reimburse eligible members for tuition pursuant to the City’s Tuition Assistance Program, which is attached as Addendum B. The provisions of this Section and Addendum B relate to the reimbursement assistance for General Education Core Courses and Degree Program Core Courses (other than those specified as required for Career Ladder advancement). For the term of this Agreement, Tuition Assistance is funded at twenty-five thousand dollars ($25,000) per fiscal year. The City may provide an opportunity for sending bargaining unit members to approved out-of- town training classes, subject to budgeted funds. A list of classes will be posted so each bargaining unit member has the opportunity to request classes of his/her choice. Approved City travel pay is in accordance with City policy. Bargaining unit members are allowed to use on-duty time, without loss of vacation time, for classes necessary to remain certified in their current classification, or for classes required by the City with the approval of the Fire Chief. Training Classes deemed essential by the Fire Chief and missed due to the use of Exchange of Time, Vacation Day, Sick Day, or Scheduled Sick Day shall be made up at on specified make-up days or at the employee’s own personal time and expense. 691 ARTICLE 26 - EDUCATIONAL SUPPLEMENTAL COMPENSATION 37 October 1, 2024 – September 30, 2027 Union ______ City ______ Bargaining unit members are eligible for a monthly education supplemental compensation payment not to exceed the supplemental compensation limits set forth in applicable Florida Statute, FSS 633.422, as amended from time to time, and the corresponding regulations in the Florida Administrative Code. The City will match the supplemental compensation payment as provided in Article 26 - Educational Supplemental Education. In the event that the supplemental compensation payment, as referenced in Article 26 - Educational Supplemental Education, is discontinued or adjusted for any reason, the City’s contribution will not change and will remain consistent with the amount provided throughout the term of this Agreement. 692 ARTICLE 27 - ASSIGNMENT & SPECIAL DETAIL PAY 38 October 1, 2024 – September 30, 2027 Union ______ City ______ Bargaining unit members holding a valid and current Paramedic certificate in accordance with the Florida Statutes and who perform active Paramedic duties as assigned by the Fire Chief and Medical Director will receive Assignment Pay as stated in Article 16 – Wages. Bargaining unit member holding a valid and current Paramedic certificate in accordance with Florida Statutes who could perform the duties as assigned by the Fire Chief and Medical Director, but who is inactivated as an active Paramedic, either by choice or administrative direction, and who is not on assignment as a Paramedic by the Fire Chief, will no longer receive the Paramedic Assignment Pay. Bargaining unit members, regardless of medical certification level, who voluntarily bid or are assigned to a permanent seat position on a rescue unit will receive Assignment Pay as stated in Article 16 – Wages . Positions of Lieutenant or higher shall be exempt from this incentive. Bargaining unit members may lose this incentive per Article 18 – Sick Leave. Bargaining unit members qualified and selected to serve on the Technical Rescue Team (TRT), Dive Rescue Team, both TRT/Dive Rescue Teams, Special Operations Leadership roles, and/or assigned to a Special Project in accordance with criteria set forth by the Department and who perform those outlined duties as assigned by the Fire Chief will receive Assignment Pay as stated in Article 16 – Wages. a. Special Project pay is defined as any project that the Fire Chief assigns to a bargaining Unit member. Bargaining Unit members selected to serve as Instructors or accept Special Details while off-duty for the department shall receive an hourly rate set forth in Article 16 - Wages in lieu of overtime. The members shall not receive Special Detail Pay if they are assigned to Light Duty or on FMLA, Workers Comp, Vacation, or Sick Leave. If a bargaining unit member is no longer certified or inactivated, either by choice or administrative direction, (s)he will no longer receive the corresponding Assignment Pay. 693 ARTICLE 28 - LICENSES & REGISTRATION FEES 39 October 1, 2024 – September 30, 2027 Union ______ City ______ The City shall pay the fee for any license required by the City for employment purposes, such as EMT renewals or certificates. (Exception- Driver License Renewal) In the event of any changes required by law regarding driver's license requirements for firefighters, the City and Union agrees to reopen this Article for negotiations. 694 ARTICLE 29 - SENIORITY LIST & TIME-IN-GRADE 40 October 1, 2024 – September 30, 2027 Union ______ City ______ The Fire Rescue Department shall establish a seniority list and it shall be updated on January 1st of each year and within ten (10) calendar days of any change in membership. Such list shall be posted electronically and shall be considered correct unless objection is raised within thirty (30) calendar days of the posting. After thirty (30) calendar days, it shall stand approved, unless documented evidence is presented to justify changes or adjustments. A bargaining unit member’s seniority is established from the date of employment by the City of Boynton Beach Fire Rescue Department. If two (2) or more members are employed on the same date, the seniority standing shall be determined by the member’s Fire Rescue Department ID number. The lower the ID number, the higher the position on the seniority list. Layoffs and staffing cutbacks for bargaining unit members shall be determined by the seniority list. The bargaining unit member with the highest fire department employee number on the seniority list will be laid off first and so on down the list. In the event of layoffs and/or cutbacks, the City agrees to notify the Union President in writing, no less than fifteen (15) calendar days prior to said action. Bargaining unit members who are laid off shall have recall rights for a period of twelve (12) months and shall be recalled in the reverse order in which they are laid-off, i.e., last laid off will be first recalled. No employees will be hired into any bargaining unit classification while a laid off member has recall rights. Time-in-grade is defined as the length of time the employee has been continuously employed at a particular rank and/or position as an FF, OE, Officer, Step-up qualified, and/or on a Specialty Team (TRT and/or Dive). Promotional or assignment to a Specialty Team email, EAR, payroll record, and/or the date of the members last required certification course date will serve as the time stamp. If two (2) or more employees share the same time-in-grade, then their seniority number will establish their order unless a Promotion Test Score exists in which the test score will represent their time-in-grade. Time-in-grade will be used for all Bids and/or any type of rank-specific selections. 695 ARTICLE 30 - VACANCIES & PROMOTIONS 41 October 1, 2024 – September 30, 2027 Union ______ City ______ Budgeted promotional vacancies approved to be filled by the City Manager will be announced within thirty (30) calendar days, and selections will be made from the appropriate established eligibility list. Minimum requirements for promotion eligibility are outlined in Addendum C. In order to be eligible, a candidate must meet the minimum requirements of the desired position as of the specified closing date of the posting (the last date/time applications will be accepted). Eligibility lists for the ranks of Operator Engineer, Lieutenant, Captain, Fire Marshal, Battalion Chief, and Division Chief will be established through a competitive process as determined by the Fire Chief (or Designee) and the Director of Human Resources (or Designee). Operator Engineer, Lieutenant, Captain, and Battalion Chief Promotional announcements will be posted within sixty (60) days of an expired promotional list. Division Chief and Fire Marshal Promotional Announcement shall be established sixty (60) days prior to known vacancies. Announcements for promotional processes will be sent via e-mail to the Fire Department distribution list at least sixty (60) calendar days prior to the initial exam for the process. The announcement will include, at a minimum, the following information: 1. Reference to the source material in a non-editable format and/or links obtainable through the Fire Department’s shared network. All non-editable format source material shall be provided in its entirety or provided in one (1) hardcopy for each station. 2. Weight and components of the promotional process. 3. The minimum passing score for each exam component. 4. The specification and allotment of any additional points as outlined in Article 30 – Vacancies & Promotions. 696 ARTICLE 30 - VACANCIES & PROMOTIONS 42 October 1, 2024 – September 30, 2027 Union ______ City ______ Within thirty (30) calendar days prior to a written exam, the date, time, and location of the exam will be secured and provided to candidates. Efforts will be made to provide five (5) calendar days between the written exam and practical exam components. 1. Seniority, educational, and/or certification points are awarded as follows: a. Seniority Points: 0.25 points per continuous year/s of service as of the closing date of the posting. (No Maximum) (Example: 12 years and 9 months of employment = 12x0.25=3.00 Points) b. Step-Up Lieutenant Experience: 0.02083 points per current continuous month/s of service as of the closing date of the posting. (No Maximum) (Example 4 years and 2 ½ months of step-up experience = 50x0.02083=1.042 Points rounded to the nearest thousandths). Valid only for a Lieutenant Promotional Exam. c. Education Points: (Points issued for the highest level of degree only) • Associate degree: 0.25 Points • Bachelor’s degree: 0.50 Points • Master’s Degree: 0.75 Points 2. Upon successful completion of the promotional process, Additional Points are added to the scores to establish the final ranking of the eligibility list. 3. To be considered for the eligibility list, a candidate must achieve a minimum passing score on each exam component. Scores will be rounded to the hundredth decimal point. Written Exam (if applicable): 1. Are proctored by a minimum of one representative from Fire Administration, one representative from Human Resources, and one non-testing representative of the Union. 2. The written exam will consist of questions taken directly from the source materials. An additional ten percent (10%) of the total questions will be designated as “alternate questions” and will only be used for scoring if a question is removed due to a challenge. (Alternate questions shall be determined by the Deputy Chief, Human Resources, and the Union Representative prior to the test) Review & Challenges: 1. Candidates will be given an opportunity to review the written exam immediately following the last exam submission. Source materials will be made available to candidates for the purpose of refuting the validity of any question on the exam. In the event a candidate decides to challenge a question, the candidate will write down his/her challenge question 697 ARTICLE 30 - VACANCIES & PROMOTIONS 43 October 1, 2024 – September 30, 2027 Union ______ City ______ number and the reason for the challenge on the designated form. This form will be submitted to the exam proctors. The merits of each challenge will be evaluated, and a final decision as to whether the challenge will be upheld will be determined prior to scoring of the exams. If a challenge is upheld, the question will be thrown out (as if it never existed) and the first of the pre-determined ten alternate questions will be substituted to replace the question that had been removed due to the upheld challenge. Exam Results: 1. The ranking of all successful candidates shall be certified by the Director of Human Resources (or Designee) and posted in the form of an eligibility list which shall be furnished to the bargaining unit to include final scores. The eligibility list remains active for two (2) years from the date of establishment or until the list is depleted, whichever is sooner for the positions of Operator Engineer, Lieutenant, Captain, Fire Marshal, Battalion Chief, and Division Chief. a. All current non-promoted Operator Engineers, as of October 1, 2024, shall remain on an eligibility list that will expire on September 30, 2026. See Article 24 – Working out of Classification. 2. A candidate may submit a written request to be removed permanently from the Promotional Eligibility List. The Candidate shall be removed permanently as a result of a demotion or suspension of greater than forty-eight (48) hours. A candidate shall be removed from a Promotional Eligibility List temporarily if the candidate is on light duty, on disability leave, or on any other leave of absence greater than thirty (30) days and must return to work for a minimum of thirty (30) days, except as a result of service-connected illness or injury, Military Leave, and FMLA, or if the candidate otherwise is in no-working status and is unavailable for work, at any time the promotional Eligibility List is established. Selection Process: 1. The Fire Chief may select for promotion any candidate in the top three (3) of the position’s established eligibility list. 2. Selected candidates may be required to undergo a background check, which requires them to have their fingerprints processed at a facility authorized by Human Resources. Upon successful completion of the background check (as determined by the Director of Human Resources), the City Manager will then review the promotion selection and approve the promotion. 698 ARTICLE 30 - VACANCIES & PROMOTIONS 44 October 1, 2024 – September 30, 2027 Union ______ City ______ 3. Once the promotion is made from the top three, the remaining candidates move up on the list. 4. A bargaining unit member who is not selected for promotion may request a meeting with the Fire Chief. Veterans’ Preference: 1. The City complies with all Veterans’ Preference requirements pursuant to Chapter 2021- 57, Laws of Florida and F.S.S. 295.07. Modification: 2. The provisions of this Article may be modified by written mutual agreement between the Union and the City Manager and/or Designee. In the event there are no remaining candidates on a promotional eligibility list, the Union, Fire Chief, and Director of Human Resources will determine the provisions for covering the vacancies in the interim. All changes must be made at least 60 days prior to the examination. 699 ARTICLE 31 - NOTIFICATION & DISTRIBUTION 45 October 1, 2024 – September 30, 2027 Union ______ City ______ The Union’s Legislative Vice President shall receive notification of the agendas and minutes of all regular and special meetings of the City Commission. The Union will be provided with a copy of departmental Rules and Regulations, Standard Operating Guidelines, Policies, and Procedures, as well as updates pursuant to Article 9 – Modification Of Conditions of this Agreement. 700 ARTICLE 32 - GRIEVANCE & ARBITRATION 46 October 1, 2024 – September 30, 2027 Union ______ City ______ A grievance is defined as a dispute or disagreement involving the application or interpretation of the express provisions of this Agreement. Issues or disputes, which are not grievances as so defined, shall not be subject to arbitration but may be processed through the grievance procedure. The Parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of the Agreement. Grievance Procedures: 1. Intent to Grieve – Petition Notice An aggrieved employee shall submit in writing a signed Petition to the Union Grievance Committee, which is comprised of the Union Executive Board, on or by the fifteenth (15th) calendar day of the occurrence or on or by the fifteenth (15th) calendar day of when the member knew or should have known of the occurrence in an email with the following: a. Statement of the grievance and the facts and circumstances upon which it is based; b. Name and job title(s) of grievant(s); c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and d. The remedy requested. Within fifteen (15) calendar days of receipt of the Petition, the Union Grievance Committee will make a determination as to whether or not a grievance has merit to be advanced to Step One. The determination of the Union Grievance Committee is final and not subject to grievance, arbitration, or other review. The Union reserves the right to represent or not represent employees who are not members of the Union as provided by law. 2. Step One – Fire Chief (or Designee) The Union Grievance Committee shall submit in writing (via electronic e-mail to the Fire Chief with a CC: to the Director of Human Resources) a Step One grievance on behalf of an individual member or group of members on or by the thirtieth (30th) day of the occurrence or when the bargaining unit member(s) knew or should have known of the occurrence. i. All Step One grievances shall include the following: 1. Statement of the grievance and the facts and circumstances upon which it is based; 2. Name and job title(s) of grievant(s); 3. The Article(s) and Section(s) of the Agreement alleged to have been violated; and 4. The remedy requested. ii. All Step One class action grievances shall also include: 1. Statement indicating the grievance is a class action; and 701 ARTICLE 32 - GRIEVANCE & ARBITRATION 47 October 1, 2024 – September 30, 2027 Union ______ City ______ 2. Signature of an IAFF Union Official. iii. In the event a Step One grievance does not contain the required information listed above, the Fire Chief (or Designee) may return the grievance to the Union by electronic mail with a written notification- identifying the missing information and deeming the grievance as “incomplete.” iv. An “incomplete” grievance must be returned to the Union on or by the tenth (10th) calendar day of receipt. The Union will then have ten (10) calendar days from the date of receipt to resubmit a complete grievance. If a complete grievance is not resubmitted on or by the tenth (10th) day of receipt, it will be deemed “withdrawn,” and the Union will not be able to resubmit it. v. The Fire Chief’s detailed Step One response shall be transmitted to the Union via electronic mail on or by the tenth (10th) calendar day of receipt of a complete grievance. 3. Step Two – City Manager (or Designee) i. If no agreement is reached at Step One, the Union may file a Step Two written grievance on behalf of grievant(s) by electronic mail to the City Manager with a CC: to the Director of Human Resources on or by the tenth (10th) calendar day of receipt of the Step One response. The Step Two written grievance shall describe with specificity the information on which the Union is relying to establish why it believes the Fire Chief’s Step One response is not agreeable. The City Manager (or Designee), at his/her discretion, may conduct interviews with the grievant(s), the Union representative(s), members of the bargaining unit, and/or management to discuss the grievance. The City Manager (or Designee) must notify the Union within ten (10) calendar days of receipt of the Step Two appeal if (s)he intends to conduct an interview with the grievant(s). Once such notification is made, the time period for the City Manager’s (or Designee’s) Step Two response is tolled until the interviews can be scheduled and conducted. The City Manager (or Designee) shall respond in writing to the Step Two grievance by electronic mail on or by the thirtieth (30th) calendar day of receipt of the Step Two grievance or on or by the thirtieth (30th) calendar 702 ARTICLE 32 - GRIEVANCE & ARBITRATION 48 October 1, 2024 – September 30, 2027 Union ______ City ______ day following an interview with the grievant(s), or regarding the grievant(s), if an interview occurred. 4. Step Three – Arbitration i. If no agreement is reached at Step Two, the Union may refer the grievance on behalf of the grievant(s) to Arbitration by notifying the City Manager with a CC to the Director of Human Resources by electronic mail on or by the fifteenth (15th) calendar day of receipt of the Step Two response. The City may also request Arbitration by notifying an IAFF Union Official by electronic mail on or by the fifteenth (15th) calendar day of submitting the Step Two response. The Parties agree to the aforementioned step procedure outlined in this Article and acknowledge that the Parties can only extend stated deadlines by a written agreement that matters are temporarily (not to exceed ten (10) calendar days) being held in abeyance. Extensions shall never be inferred by the conduct of a Party and shall always be in writing. If the Union or Grievant fails to timely file or timely advance a grievance to the next step, the grievance is deemed “withdrawn” and cannot be refiled. If the City fails to timely respond at any step, the Union or Grievant may proceed to the next step. Grievances at all steps shall be submitted by electronic mail and shall include the Director of Human Resources as a copied recipient. For the purpose of this Article, “of receipt” shall mean the date the electronic mail message was sent. The Union reserves the right to represent or to not represent employees who are not members of the Union as provided by law. Arbitration Procedures: 1. The Party requesting arbitration shall initiate arbitration on or by the tenth (10th) day of receipt of Arbitration notice as referenced in Section 32.1.4.a. by filing a request with the Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators with a business office in the State of Florida. A copy of this request shall be served on the other Party. i. Arbitrator Selection - Each Party retains the right to reject one arbitrator panel in its entirety and request that a new panel be issued. The Party requesting arbitration shall strike the first name with each Party alternating strikes thereafter until only one arbitrator’s name remains. The person remaining shall be the arbitrator. The arbitrator shall determine the date(s) 703 ARTICLE 32 - GRIEVANCE & ARBITRATION 49 October 1, 2024 – September 30, 2027 Union ______ City ______ and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will be conducted at a location determined by the Parties. ii. Arbitration Fees and Expenses - All fees and expenses of the arbitrator shall be divided equally between the Union and the City; however, each Party shall fully bear the expense of preparing and presenting its own case, including the cost of witnesses and other people it requires to attend the arbitration. iii. The power of the arbitrator shall be limited to the interpretation and application of the written terms of this Agreement. In no event shall the terms and provisions of this Agreement be deleted, modified, or amended by the arbitrator. The arbitrator shall consider and decide only the specific issues raised by the grievance when it was submitted in writing to the City at Step One, and the arbitrator shall have no authority to make his/her decision on any issue not submitted to him/her. The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty (30) calendar days of the receipt of briefs if any, or receipt of the transcript if Parties have agreed to submit the arbitration transcript in lieu of briefs. In the event the arbitrator finds a violation of the Agreement, the arbitrator shall determine an appropriate Award. The arbitrator’s Award shall not be greater than the restoration of the bargaining unit member to his/her most recent position held, and the monetary value of the employee’s back wages and benefits to make the employee “whole.” iv. Other Provisions - A transcript of the Hearing will be made unless waived by both Parties. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript if a transcript is requested by either Party. Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute precedent, nor shall it constitute an admission that the Agreement has been violated. 704 ARTICLE 33 - PREVAILING RIGHTS 50 October 1, 2024 – September 30, 2027 Union ______ City ______ All job rights and benefits authorized or permitted by the City Manager or Fire Chief and continuously enjoyed by bargaining unit members and not specifically provided for or abridged by this Agreement shall continue in full force or effect for the term of this Agreement. Except as specifically provided in this Agreement, this Agreement should not be construed to deprive any bargaining unit member of benefits or protections granted by the Laws of the State of Florida or Ordinance and Resolutions of the City of Boynton Beach. Provided however, nothing in this Agreement shall obligate the City to continue practices or methods which are unlawful or unsafe. 705 ARTICLE 34 - EXCHANGE OF TIME 51 October 1, 2024 – September 30, 2027 Union ______ City ______ Bargaining unit members may exchange their working shift(s) and exchange their off-duty day(s) with other bargaining unit members in accordance with the following provisions: 1. The exchanging members shall assume responsibility for the exchange of time, including step-up pay. 2. The Battalion Chief shall not permit the exchange if it affects the normal operation of work, if Callback is required, or if step-up pay is required. 3. Exchanges of time shall be requested a minimum of eighty-four (84) hours in advance of the affected shift to the Battalion Chief, except in the event of an emergency, a bargaining unit member may submit a request through the chain of command to the Deputy Chief (or designee). 4. Any cancellation of an exchange of time shall be through an email to the Battalion Chief. 5. Exchange of time that involves other exchanges of time “Triple-lindy’s” will not be allowed to be submitted through the department ’s electronic software. 6. Bargaining unit members may only submit exchanges of time during and for the current Bid Cycle or at the completion of the Vacation selection process for the upcoming calendar year. 7. No bargaining unit member may monetarily compensate another bargaining unit member for an exchange of time. 8. No bargaining unit member shall “owe” or be “owed” more than ten (10) shifts or two hundred forty (240) hours at any given time. a. Example – 6 exchanges of time associated with 6 paybacks = 6 shifts b. Example – 6 exchanges of time with no payback dates = 6 shifts 9. Exchanges of time totaling more than three (3) consecutive shifts shall not be used to circumvent any FMLA or ADA regulations. 10. No bargaining unit member will be allowed to request leave (vacation, compensatory time, or personal time) when scheduled to work as a result of an exchange. (Exception: Day-of vacations, the exchanging member may request a day, but preference shall be given to any normally scheduled member.) 706 ARTICLE 34 - EXCHANGE OF TIME 52 October 1, 2024 – September 30, 2027 Union ______ City ______ Exchanges of Time Among Ranks: The City will not incur any costs of step-up pay (Working out of Classification) for any exchanges of time through the ranks, and Career Ladder qualifiers must be met with exchanges of time throughout the ranks. 1. Firefighters may only exchange time with other Firefighters. 2. Firefighters who are on the Operator Engineer step-up list may exchange time with promoted Operator Engineers. 3. Firefighters (step-up qualified) and Operator Engineers may also exchange time with Lieutenants. 4. Lieutenants may only exchange time with step-up qualified members, Lieutenants, and Captains. 5. Captains may only exchange time with Lieutenants, Captains, and Battalion Chiefs. 6. Battalion Chiefs may only exchange time with Captains and Battalion Chiefs. FMLA and Exchanges of Time: 1. No exchanges of time will be allowed while any bargaining unit member is on FMLA or on Light Duty. It is the responsibility of the bargaining unit member on FMLA or on Light Duty to cancel all exchanges of time that are seven (7) days from the start of the FMLA / Light Duty or when the member knows of an upcoming FMLA request. 2. If the exchange of time is within seven (7) days of an injury or FMLA approval, the bargaining unit member who is not associated with the FMLA may be granted emergency vacation approval at the discretion of the Deputy Chief. 707 ARTICLE 35 - SAVINGS CLAUSE 53 October 1, 2024 – September 30, 2027 Union ______ City ______ If any provision (Article or Section) of this Agreement is found to be invalid, unlawful, or unenforceable by any court having jurisdiction or by reason of any existing or subsequently enacted legislation or judicial authority, the remaining provisions of this Agreement shall remain in full force and effect. In the event of such finding, either Party may request to open negotiations for a substitute provision by notifying the other Party in writing within thirty (30) calendar days of the date the provision was invalidated. 708 ARTICLE 36 - APPENDICES, AMENDMENTS, & ADDITIONS 54 October 1, 2024 – September 30, 2027 Union ______ City ______ All appendices, amendments, and additions to this Agreement shall be numbered or lettered, dated, and signed by the responsible parties and shall be subject to all other provisions of this Agreement. 709 ARTICLE 37 - SUCCESSORS 55 October 1, 2024 – September 30, 2027 Union ______ City ______ This Agreement shall be binding upon the successors and assigns of the Parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by any change of any kind in the ownership or management of either Party hereto. 710 ARTICLE 38 - COMPENSATORY TIME 56 October 1, 2024 – September 30, 2027 Union ______ City ______ Bargaining unit members may be eligible for compensatory time at the discretion of the Fire Chief (or Designee) for participating in required educational and/or training activities, special projects, and/or events as approved by the Fire Chief (or Designee). All compensatory time will be earned at the rate of one and a half (1.5) hours for each one (1) hour worked [in quarter (0.25) hour increments] and with a maximum cap of two hundred forty (240) hours. It shall be the responsibility of the bargaining unit member to maintain their hours below two hundred forty (240). Time banks will be updated by the first pay cycle of each month on the department's electronic software. If the individual hours submitted exceed the allowable cap, those hours above two hundred forty (240) hours shall be donated to the Fire Department Wellness Time Pool. No substitution shall be allowed for earning compensatory time (i.e., overtime, flex pay). The bargaining unit member will not be allowed to attend any events that would allow them to earn Compensatory Time (i.e., training, special projects, promotional process, hiring process). The bargaining unit member may also be at risk of losing any corresponding assessment pay and bid positions that may require a minimum attendance record. 711 ARTICLE 39 - MANAGEMENT RIGHTS 57 October 1, 2024 – September 30, 2027 Union ______ City ______ The Union and the bargaining unit members recognize and agree that the City has the exclusive right to manage and direct the various departments of the City. Accordingly, the powers and authority that the City has not specifically abridged, delegated, or modified by the express provisions of this Agreement are retained by the City. Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to determine the mission of the City and its various departments, divisions, and other units of the organization. The City specifically reserves the sole and exclusive right(s) to decide the scope and method of service; to hire, promote, and/or otherwise determine the criteria and standards of selection for employment; and to terminate, demote, suspend, or otherwise discipline for just cause. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. The City Manager and City Commission, in accordance with the City Charter, have the authority to determine the purpose and mission of the City and the amount of budget to be adopted. If, at the discretion of the City Manager, it is determined that civil emergency conditions exist, i.e., riot, civil disorder, or natural disaster, the provisions of this Agreement may be suspended for good cause by the City Manager during the time of such emergency, provided that the Union is notified as soon as is practical and further provided that wage rates and monetary fringe benefits shall not be suspended. 712 ARTICLE 40 - SUPPLEMENTAL RETIREMENT INSURANCE 58 October 1, 2024 – September 30, 2027 Union ______ City ______ Boynton Beach Firefighters Retirement Insurance Fund: The Union established its own retiree insurance benefit fund (hereinafter referred to as “the Fund”) to provide full or partial health and welfare insurance premiums on behalf of employees of Boynton Beach Fire Rescue (The Department) who retired on or after October 1, 2005, and who met certain other established eligibility requirements. Any and all eligibility requirements and benefits provided will be determined solely by the Board of Trustees of the Boynton Beach Firefighters Retirement Insurance Fund. All employees covered by this Agreement shall be eligible to participate in the Fund as non-covered members who participate in the Firefighter’s Pension Plan. City Contribution of Funds: Current members who were hired before October 1, 2010, through September 30, 2018: In lieu of raises in 2010, the City will contribute three percent (3%) of the current gross annual payroll of active members in this tier. Current members who were hired on or after October 1, 2018: Members in this tier will have their annualized base rate (excluding Paramedic Assignment Pay) reduced by one and one-half percent (1.5%). The City will contribute three percent (3%) of the current gross annual payroll of active members in this tier. Annual Payment of Funds: The annual contribution shall be remitted to the Fund by October 15th and each October 15th thereafter provided that the department has received a written invoice for said benefits. Failure to submit a written invoice shall not bar the Union from receipt of said funds but shall allow the City thirty (30) days to provide the funds, which shall be retroactive. The City shall pay the annual contribution on October 1st of each fiscal year of this Agreement on behalf of every employee. Accompanying the contribution, the City shall provide a list of all department members for whom payment was made. Termination of Fund: Contribution to the Fund, as provided in this Article, was negotiated and agreed to by the Parties in lieu of a wage increase. In the event of termination of Fund, the wage increase specified in this Article shall be added to each active employee's then-current base annual pay, as such base pay rate is set forth in the Collective Bargaining Agreement and the City of Boynton Beach Pay Plan at the time of termination of the Fund. 713 ARTICLE 40 - SUPPLEMENTAL RETIREMENT INSURANCE 59 October 1, 2024 – September 30, 2027 Union ______ City ______ Indemnification: The Union shall indemnify and hold the City harmless against any claim, demand, suit, or liability and for all legal costs arising in relation to the implementation or administration of the Fund, except to the extent that the City’s acts or omissions give rise to its own liability. 714 ARTICLE 41 - COLLATERAL DOCUMENTS 60 October 1, 2024 – September 30, 2027 Union ______ City ______ The collective bargaining agreement does not exist in a void. Provisions, as amended from time to time, of the City’s Employee Handbook, the City’s Policies, Department Rules and Regulations, and other policies established by Resolution or Ordinance (collectively referred to as collateral documents), are applicable to bargaining unit members unless the terms of said collateral documents conflict with the terms of this Agreement, in which case the terms of this Agreement shall control. Specific applicable collateral documents will be discussed and approved by the Labor- Management Team. The City will provide draft revisions of collateral documents to the Union for review to ensure that said documents are not in conflict with and do not impact policies relied upon by the Union and absent in this Agreement. Nothing herein shall be interpreted to preclude the Union or City's right to impact the bargain, subject to applicable law. 715 ARTICLE 42 - PENSION 61 October 1, 2024 – September 30, 2027 Union ______ City ______ Recent Historical Changes: • The City and the Union conformed to the statutory requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015-39, by entering into a Mutual Consent Agreement, which is attached as Addendum “D.” • The City and the Union amended the pension provisions outlined in the Pension Agreement, which is attached as Addendum “E.” • Effective October 1, 2019—Sec. 18-180. Monthly retirement income: The maximum benefit cap will be increased annually by one and a half percent (1.5%) beginning on the first day of October 2020 (and on each October 1 thereafter). • Effective October 1, 2019 - Sec. 18-182. Disability retirement benefits (g) Survivor’s benefit: The benefit shall equal three percent (3%) of the average final compensation for each year of continuous service. • Incorporate language referencing Florida Statute regarding cancer presumption that went into effect on July 1, 2019. • The Union agreed to the provisions of the City’s DROP Ordinance 18-300 of Article XI of Chapter 18 of the Code of Ordinances. • The Union agreed to the provisions of the City’s Drop Ordinance 22-016, which was approved on July 5, 2022. • The Union agreed to the provisions of the City’s Pension Ordinance _________, which was approved on ________, 2024. 716 ARTICLE 43 – DRUG-FREE WORKPLACE 62 October 1, 2024 – September 30, 2027 Union ______ City ______ Both the City and the Union recognize that substance abuse is a widespread problem in our society. The Union will assist bargaining unit members in obtaining assistance and treatment if alcohol and/or substance abuse are apparent. The Union endorses the City of Boynton Beach's Drug-Free Workplace Policy and will cooperate fully with the City to continue implementing and enforcing the policy. The Drug-Free Workplace Policy and procedures for Post-Accident and Random Drug and Alcohol testing are in effect and outlined in the attached Addendum D. 717 ARTICLE 44 - WELLNESS & FITNESS PROGRAM 63 October 1, 2024 – September 30, 2027 Union ______ City ______ To support a healthy workforce, the Union and the City commit to developing and implementing a voluntary Wellness and Fitness Program based on the recommendations of the IAFF / IAFC Joint Labor-Management Initiative. The Wellness/Fitness Program will be offered in such a way that each fire fighter is encouraged to obtain a level of wellness/fitness consistent with the duties (s)he performs and his/her individual abilities. The wellness/ fitness program is intended as a positive program and is not punitive in design. The Fire Department’s Health and Safety Officer promotes a supportive, safe, and productive atmosphere to all bargaining unit members participating in the program. The program shall consist of physical and mental fitness and nutritional components. The Department’s Health and Safety Officer will also compile and maintain individuals’ fitness data for eligibility of annual assessment performance. A Wellness/Fitness Pool (hereinafter referred to as “WFP”) will be established for bargaining unit members to use for the purpose of participating in Wellness and Fitness resources. Any and all eligibility requirements and benefits provided shall be determined by the committee comprised of the Union Executive Board in consultation with the Fire Chief (or Designee), Director of Human Resources (or Designee), and the Union President (or Designee). All bargaining unit members are eligible to utilize available resources provided, in accordance with the Standing Procedures. Bargaining unit members can fund the pool with donations as needed. Sick-time donations have a fifty percent (50%) conversion rate, and vacation and compensatory time donations have a one hundred percent (100%) conversion rate. Wellness/Fitness Pool (“WFP”) time must be used in a minimum of two (2) hour increments. When scheduled use of WFP time results in overtime for another bargaining unit member, the WFP time will be charged at (drawn down by) time and one-half (1.5) to minimize the cost to the City of a member’s absence. All bargaining unit members who successfully complete an annual performance assessment in accordance with the standards set forth by Labor Management are eligible to convert up to five hundred dollars ($500.00), after pension deductions, of any combination of vacation and/or sick time at a 100% conversion rate into their H.S.A. within sixty (60) days of completion. 718 ARTICLE 45 - MODIFIED WORK & LIGHT DUTY 64 October 1, 2024 – September 30, 2027 Union ______ City ______ Modified Work/Light Duty Assignments (Workers’ Compensation): A bargaining unit member who has been released to work with restrictions may be accommodated with a modified work/light duty assignment at the discretion of the Director of Human Resources and the Fire Chief. A bargaining unit member may choose to accept or decline the modified work/light duty assignment. If a bargaining unit member declines an offer of a modified work/light duty assignment, the bargaining unit member is required to remain off work until released to full duty with no restrictions, and during this time, (s)he will be required to use accrued and available leave time in the following order: sick and vacation. Additionally, a bargaining unit member who declines an offer of a modified work/light duty assignment and who meets the eligibility requirements for leave under FMLA will have his/her time off automatically designated as FMLA. Bargaining unit members who accept a light/restricted duty assignment in connection with a Workers’ Compensation claim and are, accordingly, temporarily unable to discharge their duties as regular shift employees but are otherwise able to work a “full time” schedule shall be placed on a forty (40) hour workweek. Bargaining unit members who are placed on light/restricted duty in connection with a Workers’ Compensation claim shall report to the Fire Chief (or Designee) for their daily assignments. While on such restricted duty, the member’s rate of pay shall not be adjusted; however, the City will provide up to two (2) hours (0.4 hours per day not to be fractionalized) of straight time in each workweek so that members who are working a forty (40) hour weekly schedule will have the opportunity to maintain forty-two (42) hours of pay in the workweek. Bargaining unit members shall work the following schedules for the duration of their light/restricted duty (unless their Workers’ Compensation provider indicates a required reduction in working hours): 1. Five (5) – Eight (8) hour days (Monday through Friday) a. Forty (40) hours per week scheduled plus up to two (2) hours (0.4 hours per day not to be fractionalized) of pay code: FW Modified Work/Light Duty Assignments (Other): The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide reasonable accommodations to bargaining unit members who request them and are qualified. A bargaining unit member may request an accommodation and/or more information by contacting the Human Resources and Risk Management Department. Due to federal laws surrounding leave and accommodations, all Modified Work/Light Duty requests must be made directly to the Human Resources and Risk Management Department and are subject to approval by the Director of 719 ARTICLE 45 - MODIFIED WORK & LIGHT DUTY 65 October 1, 2024 – September 30, 2027 Union ______ City ______ Human Resources (or Designee). Human Resources may consult with the Fire Chief (or Designee) regarding a bargaining unit member’s work restrictions in order to assist in evaluating the feasibility of an accommodation. 720 ARTICLE 46 - DISCIPLINE & PERFORMANCE MANAGEMENT 66 October 1, 2024 – September 30, 2027 Union ______ City ______ All employees are considered probationary during the first twelve (12) months of their employment with the City, meaning they are subject to discipline, up to and including dismissal, without recourse to the grievance procedure. Probationary Periods may be extended as a result of extenuating circumstances upon agreement by both the Union and Fire Chief or designee. The City recognizes the following types of disciplinary actions: Minor Discipline: • Written Verbal Warning • Written Reprimand Major Discipline: • Unpaid suspension • Demotion • Termination The type of discipline utilized may vary in each case depending on the employee's work history, the severity of the conduct, and the facts and circumstances of the case. Employees who have successfully completed their initial probationary period may be disciplined or terminated for any of the following reasons. Examples are illustrative and not an all-inclusive list. 1. Incompetency or inefficiency in the performance of duties. 2. Insubordination 3. Refusal to fully and truthfully cooperate in a City-initiated investigation (Investigations shall be completed within one hundred eighty (180) days of the incident). 4. Refusal to perform assigned work. 5. Excessive absenteeism or tardiness. 6. Carelessness and/or negligence in the handling or control of City property or the misappropriation of City property. 7. Carelessness and/or negligent use of City funds. 8. Discourteous, insulting, abusive, or inflammatory language or conduct toward the public, a supervisor, or other employees. 9. Absence from duty without authorization, including refusal to report to duty on time. 10. Acceptance of a gift in violation of Palm Beach County Code of Ethics and/or F.S.S. 112.3148. 11. Unauthorized personal possession of weapons while on duty on City property. 12. Violations of the City’s harassment policy. 13. Suspension, revocation, or expiration of driver's license. 14. Suspension or revocation of any required license or certification. 721 ARTICLE 46 -DISCIPLINE & PERFORMANCE MANAGEMENT 67 October 1, 2024 – September 30, 2027 Union ______ City ______ 15. Abuse of unscheduled leave, or false claim of eligibility for such leave. 16. Engaging in other forms of employment while on unscheduled leave or Acute Leave. 17. Failure to report secondary employment as required by the City. 18. Engaging in other forms of employment while on approved FMLA or ADA leave if: a. The employee declines to accept a light-duty assignment; or b. The physical demands or requirements of the other form of employment exceed the limitation(s) imposed by the employee's treating physician; or c. The employee fails to inform the City of such other employment in accordance with the City’s requirement. 19. Failure to report to duty when directed to do so during an emergency. Disciplinary action may be taken for just cause. TYPES OF APPEALS/RESPONSES TO DISCIPLINARY ACTION Minor Discipline Appeal/Response Options: a. Written Counseling may be appealed to the Fire Chief within ten (10) calendar days of issuance. The Fire Chief’s determination is final and not subject to further review or appeal. b. Written Comments: Members may submit written comments in response to any Minor Discipline for inclusion in their personnel files. c. Administrative Appeal Members may request to have an Administrative Appeal with the Fire Chief (or Designee) by making such request in writing or by electronic mail directly to the Fire Chief within ten (10) calendar days of receipt of a Written Verbal Warning or Written Reprimand. Within thirty (30) calendar days of conducting an Administrative Appeal, the Fire Chief (or Designee) will provide the member with a written response of his/her determination. This determination is final and not subject to further review or appeal. Major Discipline Appeal/Response Options: a. Written Comments: Members may submit written comments in response to any Major Discipline for inclusion in their personnel files. b. Predetermination Conference: • Prior to the imposition of any Major Discipline, members are entitled to participate in a Predetermination Conference with the City Manager (or Designee). Members will be provided a letter explaining their eligibility to participate in the Predetermination Conference. If a member wishes to participate, (s)he must timely elect to do so by completing and returning the Election of Rights form to the Director of Human 722 ARTICLE 46 -DISCIPLINE & PERFORMANCE MANAGEMENT 68 October 1, 2024 – September 30, 2027 Union ______ City ______ Resources by the deadline stated in the letter, and (s)he must attend the Predetermination Conference as scheduled. A member may have a representative attend the Conference with him/her. As soon as practical after the Predetermination Conference, the member will be notified in writing of the City’s Manager’s decision. • If no agreement is reached following the City Manager’s response to the Predetermination Conference, the Union may refer the matter on behalf of the member to Arbitration by notifying the Director of Human Resources and the City Manager by electronic mail on or by the tenth (10th) day of receipt of the City Manager’s response. Referrals to Arbitration related to this section begin at Step Three of the Grievance Procedure. Employees who are not members of the Union, and whom the Union refuses to represent as a result of such non-membership in the Union, may proceed to Arbitration on their own and at their own expense. In such an event, the employee will be responsible for all expenses for which the Union is responsible when the Union chooses to arbitrate in accordance with Article 33 – Grievance & Arbitration of this Agreement. 723 ARTICLE 47 - SEAT ASSIGNMENT 69 October 1, 2024 – September 30, 2027 Union ______ City ______ Procedures for the seat bid process will be set forth in a Department Guideline. Although the intent of this Article and the Seat Bid Guideline is to provide bargaining unit members with the opportunity to indicate preference in a seat bid assignment, members may be assigned to another station or vehicle, based upon legitimate departmental objectives, including, but not limited to, the department's staffing and specialty needs as determined by the Fire Chief. The provisions of this Article do not constitute a waiver by the City of its right to determine the mission of the Fire Rescue Department or its right to determine the number and type of personnel allocated to any particular shift, station, or specialty team. The provisions of this Article may be amended or modified by written mutual agreement between the Union and the City Manager or Designee. 724 ARTICLE 48 - DURATION 70 October 1, 2024 – September 30, 2027 Union ______ City ______ This Agreement shall be in force and effective upon ratification by both parties and remain in full force and effect until September 30, 2027. If all issues are not resolved by September 30, 2027, this Agreement remains in force and shall constitute the status quo during any period of negotiations for a successor Agreement. Negotiations for a successor Agreement shall begin no later than April 1, 2027, upon written notice from either Party to the other. 725 ADDENDUM A - CAREER LADDER 71 October 1, 2024 – September 30, 2027 Union ______ City ______ As referenced in Article 26 – Educational Supplemental Compensation, all non-probationary members are permitted to attend schools or classes that meet Career Ladder requirements. Reimbursement rates are not intended to exceed Florida In-State tuition rates. Course selection and attendance must be pre-approved by the Fire Chief. Bargaining unit members are “Grandfathered-In” the current promoted positions in which they are placed upon ratification of this Agreement. Prerequisites & Requirements Probationary Firefighter (Prob FF): 1. Certified Florida Firefighter; and 2. Certified Florida Emergency Medical Technician; and 3. Currently enrolled in Paramedic School; or 4. Certified Florida Paramedic Firefighter (FF): 1. Successful completion of the Probationary Firefighter Task Book; and 2. Successful completion of FF Performance and Written Examinations; and 3. Minimum of one (1) year of service with BBFRD; and 4. Florida State Paramedic (Employees hired after October 1, 2022, or that were not hired but transferred from other Divisions within the Fire Department); and become an Active Department Paramedic (Failure to do so will result in termination) 5. Successful completion of the annual evaluation process for Probationary Firefighters; and 6. Selection by the Fire Chief with approval by the City Manager; and 7. Members hired after October 1, 2018, must be a Certified Florida Paramedic to advance past Firefighter Year 3 of the Pay Plan. Operator Engineer (OE) & Acting Operator Engineer: 1. Successful completion of all prerequisite requirements for a Firefighter; and 2. Minimum of three (3) years of service with BBFR; and 3. Operator Engineer Task Book; and 4. State of Florida Certified Pump Operator; and 5. Successful completion of BBFR Officer Candidate School; and 6. Serving as a department-qualified Step-up Officer 7. Successful completion of BBFRD Apparatus, Hydraulics, and Aerial Operation Performance Assessments, Written Examinations, and selection by the Fire Chief with approval by the City Manager. 726 ADDENDUM A - CAREER LADDER 72 October 1, 2024 – September 30, 2027 Union ______ City ______ Rescue / Suppression Unit Acting Lieutenant: 1. Minimum of three (3) years of service for a Rescue Officer; or 2. Minimum of five (5) years of service for a Suppression Officer and currently on an Operator Engineer Promotional Eligibility, Operator Engineer Step-up list or serving as an Operator Engineer; and 3. NIMS 100, 200, 700, and 800 compliant; and 4. Successful completion of BBFR Officer Candidate School; and 5. BBFR Officer Candidate School Task Book Lieutenant (LT): 1. Minimum of five (5) years of service with BBFR; may be reduced by one (1) year with Florida State-recognized associate’s degree or higher; and 2. Minimum of six (6) months serving as a step-up Officer; and 3. Must have completed the Operator Engineer Task Book and passed a Final PO (non- promotional exam); and maintained annual training per Article 24 Working out of Classification; or on an Operator Engineer Promotional Eligibility List, or a promoted Operator Engineer; and 4. Florida State Certified Fire Officer I; and 5. NIMS 300 and 400 compliant; and 6. Successful completion of Lieutenant promotional Examination / Assessment process and selection by the Fire Chief with approval by the City Manager. Acting Captain: 1. Serving as a Lieutenant for a minimum of six (6) months Captain (CAPT) (Suppression, EMS, & TRT): 1. Minimum of nine (9) years of service with BBFR; and 2. Minimum of two (2) years as a BBFR Lieutenant; and 3. Florida State Certified Fire Officer ll 4. Successful completion of: a. Florida Health and Safety Officer* b. 6742 Florida Incident Safety Officer* c. 7529 Legal Issues for the Safety Officer*; and d. Any specialty requirements set for EMS and TRT Captains as referenced in the Department SOGs / SAGs. 727 ADDENDUM A - CAREER LADDER 73 October 1, 2024 – September 30, 2027 Union ______ City ______ 5. Successful completion of the Captain’s promotional Examination / Assessment process and selection by the Fire Chief with approval by the City Manager. Acting Battalion Chief: Serving as Captain for a minimum of six (6) months. Battalion Chief (BC): 1. Minimum of twelve (12) years of service with BBFR; and 2. Minimum of three (3) years as a Captain with BBFR: and 3. Successful completion of: a. 9516 Chief Officer Course* b. 2770 Ethical and Legal Issues*; and c. 2610 Fire Investigation Origin & Cause*; and 4. Successful completion of the Battalion Chief’s promotional Examination / Assessment process and selection by the Fire Chief with approval by the City Manager. Fire Marshal (FM): 1. Minimum of nine (9) years of service with BBFR; and 2. Minimum of two (2) years serving as an Officer; and 3. State Certified Fire Officer II 4. Successfully obtained the following Certifications a. State of Florida Fire Safety Inspector I; and b. State of Florida Fire Safety Inspector II; and c. State of Florida Fire Investigator; and 5. Successful completion of the Fire Marshal’s promotional Examination / Assessment process and selection by the Fire Chief with approval by the City Manager. Division Chief (DC): 1. Minimum of fifteen (15) years of service with BBFR; and 2. Minimum of two (2) years as a Captain or Battalion Chief; and 3. State Certified Fire Officer IIl 4. Successful completion of the Division Chief’s promotional Examination / Assessment process and selection by the Fire Chief with approval by the City Manager. (*Or equivalent, as determined and approved by the Fire Chief.) 728 ADDENDUM A - CAREER LADDER 74 October 1, 2024 – September 30, 2027 Union ______ City ______ Chief Officer Reductions: In the event of Chief Officer reductions (non-bargaining unit member), the Union agrees to allow any Chief Officer who had previously worked in bargaining unit positions to transfer back into a bargaining unit position at the rank and “position previously held if within a bid cycle of promotion” and receive the compensation corresponding to the previously held rank and seniority. The Chief Officer reduction would be in addition to existing positions with terms agreed upon between the Union and the City. This is non-voluntary but solely if the City determines to change employment terms. Transfers from Fire Department Divisions: The Fire Chief may allow members within the Fire Department Divisions to transfer to Fire Operations (Firefighters), given that the employee has participated in a Hiring Process and has accepted the terms approved by the Union and Fire Chief or designee. Captains: (Specialty Captains: EMS & TRT) Specialty Captains who choose to or become ineligible to serve in the specialty capacity can bid on a Suppression Unit based on their position on the current Suppression Captain eligibility list and vacancies. If the list on which the member was on has expired, that member would have to retest for a Suppression Unit Captain. The Suppression Captain eligibility list and vacancies are the only factors when determining bid positions on a Suppression Unit. Bargaining unit members who held the position of Captain prior to the establishment of the December 13, 2023, Captain Eligibility list shall be “Grandfathered-in” and eligible to bid for a suppression position, given they meet the current requirements of a Suppression Captain and a promotional vacancy exists. For the positions of EMS or TRT Captains, bargaining unit members must either be a promoted Suppression Captain or sitting on the most current eligibility list (Bargaining unit members may take the Suppression and Specialty Captains exams during the same promotional process but may not be placed on the Specialty Eligibility List until they have successfully passed the Suppression Exams). The promotional exams for the position of EMS and TRT Captains shall not be graded in conjunction with the Suppression Captain Exams. 729 ADDENDUM A - CAREER LADDER 75 October 1, 2024 – September 30, 2027 Union ______ City ______ Test Scores Example Suppression Exam Eligibility List EMS Exam Eligibility List TRT Exam Eligibility List *Written Test *Written Test *Written Test *Practical *Practical *Practical *Interview *Interview *Interview + Seniority Points + Seniority Points + Seniority Points = Total Score = Total Score = Total Score *Actual Test Components may differ from the ones shown. Modification: The provisions of this Article may be modified by written mutual agreement between the Union and the City Manager and/or designee. In the event there are no remaining candidates on a promotional eligibility list, the Union, Fire Chief, and Director of Human Resources will determine the provisions for covering the vacancies in the interim. 730 ADDENDUM B - TUITION ASSISTANCE PROGRAM 76 October 1, 2024 – September 30, 2027 Union ______ City ______ As referenced in Article 25 – Education, bargaining unit members are eligible for tuition reimbursement pursuant to the City’s Tuition Assistance Program. The City agrees to fund the Tuition Assistance Program for IAFF bargaining unit members in the amount of $25,000 each fiscal year of this Agreement. Funding for this program expires on September 30, 2027, until renegotiated. 731 ADDENDUM C - PLAY PLAN 77 October 1, 2024 – September 30, 2027 Union ______ City ______ 732 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 78 October 1, 2024 – September 30, 2027 Union ______ City ______ The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse is a national problem that is prevalent in society and impairs the health and safety of employees, promotes crime, and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG-FREEE WORKPLACE Program. Substance abuse is a complex yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive drug and alcohol- free environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The City considers substance abuse to be an unsafe and counterproductive work practice. DEFINITIONS 1. “Chain of Custody” refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and strong specimens and reporting test results. 2. “Confirmation Test”, “confirmed test” or “confirmed drug test” is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy. 3. “Drug” means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore, activities participated in while off duty may result in positive drug tests. Consumption of a preparation including alcohol (beverages or medicines). A list of the most common medications which may alter or affect a drug test are found in Section 1.5, Letter I of this policy. Employees and job applicants should review this list prior to submitting to a drug test. 4. “Drug test” or “test” means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. 733 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 79 October 1, 2024 – September 30, 2027 Union ______ City ______ 5. “Employee” means an individual who works for salary, wages, or other remuneration for the City and is covered by the worker’s compensation act. 6. “Employee Assistance Program” (EAP) is an established program for employee assessment, counseling, and referral to an alcohol and drug rehabilitation program. 7. “Employer” means an agency within state government that employs individuals for salary, wages, or other remuneration. 8. “Implementation Period” means October 1, 2023, through September 30, 2026. 9. “Initial drug test” means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug-Free Workplace Program and appropriate Florida administrative rules. 10. “Job Applicant” means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test. 11. “Mandatory-testing position/Safety-sensitive position” means with respect to a public employer, a job assignment that requires the employee to carry a firearm, work closely with an employee who carries a firearm, perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to F.S. 110.1127, or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 12. “Medical Review Officer (MRO)” means a licensed physician with knowledge of prescription drugs, pharmacology, and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result. The MRO need not be an employee of the City. 13. “Prescription or Nonprescription Medication” means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries. 14. “Reasonable Suspicion Drug Testing” means drug testing based on a belief that an employee is using or has used drugs in violation of the employer’s policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher 734 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 80 October 1, 2024 – September 30, 2027 Union ______ City ______ than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has caused or contributed to, an accident while at work: i. If a bargaining unit member is involved in an accident in which the member was driving a City-owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury, and immediately receives medical treatment away from the scene of an accident, one or more vehicles incurs “disabling damage” as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle and under any circumstances when the bargaining unit member is issued a traffic citation. ii. “Disabling damage” means damage that precludes the departure of any vehicle from the scene of the occurrence in its usual manner. Disabling damages include damage to vehicles that could have been operated but would have been further damaged if so operated. Disabling damage does not include damage that could be remedied temporarily at the scene of the occurrence without special tools or parts; a flat tire with no spare available, minor scrapes/scratches to the exterior of the vehicle; or damage to headlights, taillights, turn signals, horns or windshield wipers that make them inoperative. iii. An order to submit to post-accident testing can be made by a Battalion Chief or any chief officer within the division. Any bargaining unit member ordered for a post-accident drug test may, at the member’s option, be accompanied to the testing by an available Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures. 735 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 81 October 1, 2024 – September 30, 2027 Union ______ City ______ iv. Refusal to submit to an order for post-accident drug testing, or intentionally delaying a post-accident drug test can result in termination; however, nothing herein shall abrogate a bargaining unit member’s right to challenge the results of the drug test. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer’s premises or while operating the employer’s vehicle, machinery, or equipment. 15. “Special-Risk Position” means a position that is required to be filled by a person who is certified under Chapter 633, Fire Prevention and Control, or Chapter 943, Department of Law enforcement. 16. “Specimen” means a tissue or product of the human body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 17. “Stepping Forward” means that an employee comes forward and requests assistance for substance abuse during the Implementation Period and prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in an accident requiring drug testing. POLICY It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, or prescription medication in levels exceeding the prescribed dosage in his/her system, in possession of, using, selling, trading, or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. An employee reporting for work visibly impaired and that is unable to properly perform required duties will not be allowed to work. The supervisor should first attempt to seek another supervisor’s opinion of the employee’s status. Then the supervisor should consult privately with the employee with the observation to rule out any problem(s) that may have been caused by prescription drugs. If in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. It is the responsibility of the City’s supervisors to counsel with an employee whenever they see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. 736 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 82 October 1, 2024 – September 30, 2027 Union ______ City ______ 1. USE OF PRESCRIPTION MEDICATIONS/MEDICAL AUTHORIZATIONS DRUGS WHILE ON DUTY a. Prescriptions that are prescribed by the employee’s physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees are not permitted to use any prescriptions or medically authorized drugs, per FL Statute, Title XXIX, Chapter 381, Section 986, while On-duty or prior to duty to where the effects may cause impairment during work hours. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance with medical directions. b. It is the employee’s responsibility to notify the prescribing physician of his/her job requirements/functions to ensure that the physician approves the use of the prescription medication while the employee is performing his/her job duties. It is recommended that the employee provide his/her physician with a copy of the N.F.P.A. standards for firefighters, so the physician is aware of the physical requirements of the position. c. It is the employee’s responsibility to immediately notify the Director of Human Resources and Risk Management (or Designee) when (s)he is prescribed any medication that is considered a controlled substance as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment. The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of a firefighter while taking the medication as prescribed. d. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed or medically authorized medications/drugs as defined and amended from time to time in Florida Statutes 893.03 and Title XXIX, Chapter 381, Section 986) will affect the employee’s work performance. e. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication, then the 737 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 83 October 1, 2024 – September 30, 2027 Union ______ City ______ employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)he can return to work. If the employee reports to work, the City will presume that the employee is not impaired. f. Abuse of prescription drugs will not be tolerated. Conditions of Pre-Employment The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre- employment conditions are established: a. Job Applicants in mandatory-testing positions, safety-sensitive positions, and/or special-risk positions will be tested prior to employment for drug use and alcohol use. b. Any job applicant, as defined in the above section, who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment. c. Any job applicant who tests positive for drugs or alcohol use will be refused employment. d. Confidentiality will be maintained pursuant to this policy Employee Compliance It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee’s right to challenge both the order and the test outcome. Employee Assistance Program The City offers an Employee Assistance Program (EAP) which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City’s EAP Program, below is a list of local assistance programs and local drug and alcohol rehabilitation programs: 1. Narcotics Anonymous Help Line: 561-848-6262 2. Drug Abuse Foundation of Palm Beach County: 561-278-0000 738 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 84 October 1, 2024 – September 30, 2027 Union ______ City ______ 3. Palm Beach Al-Anon/Al-a-Teen Information: 561-882-0308 4. Alcoholics Anonymous (Palm Beach County): 561-655-5700 5. Comprehensive Alcoholism Rehabilitation Program: 561-844-6400 It is the responsibility of each employee to seek assistance before drugs and alcohol lead to performance problems. 1. Use of the employee assistance program on a voluntary basis will not affect the determination of appropriate disciplinary action. 2. An employee’s decision to seek assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense against the imposition of disciplinary action where facts providing a violation of this policy are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications. 3. Through the EAP, the City will provide appropriate assessment, referral to treatment, and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random, periodic basis for up to two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. 5. An individual’s participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. 739 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 85 October 1, 2024 – September 30, 2027 Union ______ City ______ Management’s Responsibility The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol. Department Heads are responsible for implementing this Drug-Free Workplace Policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well- being of employees and the community. 1. Supervisors are responsible for maintaining a safe work environment by monitoring employees’ behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee may be under the influence of drugs or alcohol, the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for a reasonable suspicion drug test is attached. 3. In all cases when an employee is to be removed from duty for drug testing, the Department Head and Human Resources & Risk Management should be immediately notified. Employee’s Responsibility It is each employee’s responsibility to be fit for duty when reporting for work and to inform his/her supervisor if (s) he is under prescription or non-prescription medication which may affect job performance. In the event an employee observes behavior in another employee, which raises doubt as to that employee’s ability to perform work in a safe, reliable, and trustworthy manner, the employee should report this behavior to his/her supervisor. Employees who enter drug or alcohol treatment and/or rehabilitation programs voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination. Medical Review Officer’s (MRO) Responsibilities The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 740 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 86 October 1, 2024 – September 30, 2027 Union ______ City ______ The MRO may request that the testing laboratory provide quantification of test results. The MRO will provide confirmed test results to the Human Resources representative from the City. PROCEDURE In order to maintain a drug and alcohol-free work environment, the City will test for the presence of alcohol and drugs in the following circumstances: Pre-employment: Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory-testing, safety-sensitive, or special-risk position are required to take a drug and alcohol test. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. Post-incident: Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident, which results in any of the following: (a) discernable property damage, (b) the employee receiving medical attention, or (c) the employee receiving a citation. [See 14.e. (i-iv)]. Random Testing: Employees are subject to random drug testing. Random selection for testing is done by an independent third party, approved by both the IAFF and the City, by a random computer-generated list. No more than one hundred percent (100%) of the IAFF population will be randomly tested during any one contract year: October 1st through September 30th. Fitness for duty: All employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examination. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2) years after their return to work. These stipulations may be codified in a Last Chance Agreement. Consequences of Refusing a Drug Test An employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers’ compensation medical and indemnity benefits. A job applicant, as defined in section 1.3, #16, who refuses to submit to a drug and alcohol test will not be hired. 741 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 87 October 1, 2024 – September 30, 2027 Union ______ City ______ Actions Following a Positive Confirmed Test The City may administer disciplinary action, up to and including termination, for any employee who has a positive, confirmed drug or alcohol test. Confidentiality Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports, written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. The City’s Employee Assistance Program, laboratories, drug, and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except when such release is compelled by a court pursuant to an appeal taken under this section, or when deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee’s or job applicant’s file. Reporting of Use of Medication Employees and job applicants shall confidentially report the use of prescription, medically authorized drugs, or non-prescription medication prior to drug testing occurs to FMLA@bbfl.us Notice of Common Medications A list of most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test, is listed below in section I. Employees and job applicants should review this list prior to submitting to a drug test. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. Employee Assistance Program Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City’s current provider or contact the Human Resources and Risk Management Department. 742 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 88 October 1, 2024 – September 30, 2027 Union ______ City ______ Drugs to be Tested In accordance with F.S. 893.03 as amended from time to time, the following is an illustrative and non-exhaustive list of drugs that will be tested: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors. A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test 2. Amphetamines 3. Cocaine 4. Phencyclidine (PCP) 5. Hallucinogens 6. Opiates 7. Methaqualone 8. Barbiturates 9. Benzodiazepines 10. Synthetic Narcotics 11. Designer Drugs 12. A metabolite on any substance listed herein 13. Anabolic/Androgenic Steroids A list of drugs by brand names or common names includes: 1. Opium - Dover’s Powder, Paregoric, Parepectolin 2. Morphine - Morphine, Pectoral Syrup 3. Codeine - Tylenol with Codeine, Empirin with Codeine, Robitussan A-C, Hydrocodone, Coke Crack 4. Heroin - Diacetylmorphine, horse, smack 5. Hydromorphone – Dilaudid 6. Meperidine - Demerol, Mepergan 7. Methadone - Dolophine, Methadone, Methadose 8. Other Narcotics - Laam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet 9. Chloral Hydrate - Noctec, Sommos 10. Barbiturates - Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate 11. Benzodiazepines - Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril 12. Methaqualone – Quaalude 13. Methamphetamine - Methyl Ice 743 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 89 October 1, 2024 – September 30, 2027 Union ______ City ______ 14. Glutethimide – Doriden 15. Other Depressants - Equanil, Miltown, Noludar, Placidyl, Valmid NEW DRUGS New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes and/or any federal law, rule, regulation, or procedure after a review with the Labor- Management Committee. PRESCRIPTION DRUGS Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products, this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine, Fastin. Cannabinoids: Marinol (Dronabinol, THC). Cocaine: Cocaine, HCI topical solution (Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), M¬S Contin and Roxano (morphine sulfate), Percodan, Vicodin, Tussiorganidine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin, Triad, etc. Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tanzene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, etc. Methadone: Dolophone, Metadose, etc. Propoxyphene: Darvocet, Darvon N, Dolene, etc. 744 ADDENDUM D – DRUG-FREE WORKPLACE POLICY 90 October 1, 2024 – September 30, 2027 Union ______ City ______ ANABOLIC/ANDROGENIC STEROID TESTING Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s) because the presence of these medications in the body may have affected the outcome of the test. 1. Challenge of Test Results a. An employee who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources and Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City’s policy. An employee may provide a signed release authorizing the Director of Human Resources and Risk Management to provide the test result and his/her submitted information to the Union President (or Designee) and/or the Fire Chief. b. If the explanation or challenge of the employee is unsatisfactory to the City, the City will provide a written explanation as to why the employee’s explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the employee. c. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida Statutes. d. If an employee contests the drug test results (s)he must promptly notify the Medical Review Officer. 745 AGREEMENT SIGNATURE PAGE Agreed to ______ day of ____________, 2024, by and between the respective parties through the authorized representatives of the Union and the City. Boynton Beach Association of Fire Fighters Florida Local 1891, IAFF: ______________________________ ______________________________ Witness Georgio Salame, Local 1891 President ______________________________ ______________________________ Witness Tyler Hoffmann, Local 1891 Secretary-Treasurer City of Boynton Beach: ______________________________ ______________________________ Witness Ty Penserga, Mayor ______________________________ ______________________________ Witness Dan Dugger, City Manager ______________________________ ______________________________ Witness City Clerk Approved as to Form and Correctness: ______________________________ City Attorney 746 BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS FLORIDA, LOCAL 1891, IAFF P.O. 733 Boynton Beach, FL 33435 ∙ 561.319-7170 ∙ www.Local1891.com “One Union One Family” Georgio Salame Kurt Lewis Jonathan McMahon Tyler Hoffmann President Executive Vice President Legislative Vice President Secretary/Treasurer Paul Phillips Daniel Delahunty Charles Myers Executive Business Agent Legislative Business Agent Sergeant at Arms August 14, 2024 Mr. Dan Dugger Boynton Beach City Manager CBA 24-27 Firefighters Premium Tax Distribution Mr. Dugger, The Boynton Beach Association of Fire Fighters Florida, Local 1891, has agreed as part of the 24-27 Collective Bargaining Agreement to allocate a one-time disbursement of $330,000 from the Pension Trust Fund’s accumulated excess Chapter 175 State contribution reserve, $230,000 of which is intended to cover the first-year increase in the required employer contribution associated with unwinding Tier 2 (changing the “25 and out” Normal Retirement provision for Tier 2 members to “20 and out”). This allocation shall occur during the fiscal year 2024-25. ______________________ Local 1891 President 747 BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS FLORIDA, LOCAL 1891, IAFF P.O. 733 Boynton Beach, FL 33435 ∙ 561.319-7170 ∙ www.Local1891.com “One Union One Family” Georgio Salame Kurt Lewis Jonathan McMahon Tyler Hoffmann President Executive Vice President Legislative Vice President Secretary/Treasurer Paul Phillips Daniel Delahunty Charles Myers Executive Business Agent Legislative Business Agent Sergeant at Arms August 23, 2024 CBA 2024-27 Ratification City Manager Dan Dugger Members, I am pleased to announce that the membership ratified the new CBA by a vote of 111 YES - 2 NO. Thank You ______________________ Local 1891 President 748 City of Boynton Beach Agenda Item Request Form 6.K Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-203- Approving the terms and conditions of the CLIO North American Terms of Service Agreement and the related Proposal (collectively the "Agreement") between the City of Boynton Beach and Themis Solutions, Inc. a/k/a CLIO to purchase and utilize the Contractor's products and services for legal technology services. Requested Action: Staff recommends approval of Proposed Resolution No. R24-203. Explanation of Request: The City Attorney's office is requesting approval an Agreement between the City of Boynton Beach and Themis Solutions, Inc. a/k/a CLIO to purchase and utilize the Contractor’s products and services for legal technology services. The annual price of the services is $10,008, which is below the procurement threshold. However, the Agreement is on the vendor's form and includes non-standard terms, including a requirement that the City indemnify the vendor for any claims related to the City's breach of the agreement or negligent acts or omissions of the City. According to the City's Procurement Policy, only the City Commission has the authority to approve contracts that contain an indemnification obligation. How will this affect city programs or services? N/A Fiscal Impact: $10,008. Attachments: R24-203_Agenda_Item_2033-2023_Resolution_for_Clio_purchase.docx Exhibit A to Resolution - CLIO Agreement with all Exhibits downloaded.pdf Clio-City of Boynton Beach - Affidavits.pdf 749 RESOLUTION NO. R24-2031 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE TERMS AND CONDITIONS OF THE CLIO 4 NORTH AMERICAN TERMS OF SERVICE AGREEMENT AND THE RELATED 5 PROPOSAL (COLLECTIVELY THE “AGREEMENT”) BETWEEN THE CITY OF 6 BOYNTON BEACH AND THEMIS SOLUTIONS, INC. A/K/A CLIO; AND FOR 7 ALL OTHER PURPOSES. 8 9 WHEREAS,the City of Boynton Beach's City Attorney's office is requesting approval of the 10 terms and conditions of the CLIO North American Terms of Service Agreement and the related 11 Proposal (collectively the “Agreement”) between the City of Boynton Beach and Themis Solutions, 12 Inc. a/k/a CLIO to purchase and utilize the Contractor’s products and services for legal technology 13 services for an amount not to exceed $10,008.00; and 14 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 15 best interests of the city's citizens and residents to approve the terms and conditions of the CLIO 16 North American Terms of Service Agreement and the related Proposal (collectively the 17 “Agreement”) between the City of Boynton Beach and Themis Solutions, Inc. a/k/a CLIO to 18 purchase and utilize the Contractor’s products and services for legal technology services for an 19 amount not to exceed $10,008.00. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 22 BEACH, FLORIDA, THAT:23 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption.25 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 26 approve the terms and conditions of the CLIO North American Terms of Service Agreement and 27 the related Proposal (collectively the “Agreement”) between the City of Boynton Beach and Themis 28 Solutions, Inc. a/k/a CLIO to purchase and utilize the Contractor’s products and services for legal 29 technology services for an amount not to exceed $10,008.00, in form and substance similar to that 30 attached as “Exhibit A.“31 32 750 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 33 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 34 ancillary documents required under the Agreement or necessary to accomplish the purposes of 35 the Agreement and this Resolution.36 SECTION 4.One fully-executed original of the Agreement shall be retained by the City 37 Clerk as a public record of the City. A copy of the fully-executed Agreement shall be provided to 38 Rismerling Gomez to forward to the Contractor.39 SECTION 5.This Resolution shall take effect in accordance with law.40 41 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.42 CITY OF BOYNTON BEACH, FLORIDA43 YES NO44 Mayor – Ty Penserga __________45 46 Vice Mayor – Aimee Kelley __________47 48 Commissioner – Angela Cruz __________49 50 Commissioner – Woodrow L. Hay __________51 52 Commissioner – Thomas Turkin __________53 54 VOTE ______55 ATTEST:56 57 ___________________________________________________________58 Maylee De Jesús, MPA, MMC Ty Penserga59 City Clerk Mayor60 61 APPROVED AS TO FORM:62 (Corporate Seal)63 64 _______________________________65 Shawna G. Lamb66 City Attorney67 751 Pricing Proposal Prepared for City of Boynton Beach Prepared by Usman Babar Account Executive, Mid-Market 752 © 2024 Themis Solutions Inc.1 / 4 Industry-leading security Weʼve set the standard for legaltech security with everything from GDPR, PCI compliance, HIPAA standard, SOC2 compliance and more. Clio mobile app Working from the cloud allows your firm to work securely from anywhere, from any device. 24/5 support Get exceptional customer support from an award-winning team dedicated to your success. 200+ integrations With over 200 integration partners, Clio provides more options for law firms to tailor workflows to their specific practice needs. Why Clio As a leader in the legal technology space, Clio provides the most widely used, highest rated, cloud-based software for legal professionals around the world. ●Industry leader. Clio is the undisputed leader in cloud-based legal technology, offering practice management, CRM and client intake, and document drafting software to over 1,000 mid-sized law firms. ●Highest approval. Clio has earned the most 5-star reviews out of any other legal software, the approval of all 50 state bar association in the US (plus many more across the globe), and a global user base of 150,000 legal professionals. ●First to market. Clio was the first to bring cloud-based legal practice management software to market in 2008, paving the way for technology-driven firms while continuing to develop new innovations for customers up-market. ●Thought leadership. Clio continues to lead the industry each year with groundbreaking research included in the Legal Trends Report and the Clio Cloud Conference, the most widely attended legal tech conference in the industry. Our Products Clio Manage–Legal practice management software Our most popular product—the industryʼs leading legal practice management software helps manage clients, organize cases, and automate tedious tasks and month-end billing and payments. Clio Grow–Client intake and legal CRM software Our client intake and legal CRM software helps standardize the client intake process, build strong relationships, and get powerful data insights to grow your firm. Clio Draft–Document automation software Our document automation software helps with routine legal drafting and e-signatures, while allowing you to turn Microsoft Word documents into reusable templates. The Clio Advantage 753 Your Investment Subscription Type [Complete] Term Commitment [Annual] Payment Method [ACH] © 2024 Themis Solutions Inc.3 / 4 Subscription Services Description List Price per User Quantity Total Price Clio Complete $139.00 06 $834.00 Per month $834.00 Per year $10,008.00 Implementation Services Description List Price Quantity Discount Your Price Total Clio Migration Services Included Clio Training Services Included Clio 24/5 Support Included Clio Grow Setup $399 1 100.00%$0.00 $0.00 $0.00 Total Subscription Services (per year)$10,008.00 Total Implementation Services (one-time)$0.00 First Year Subscription Cost (USD)$10,008.00 Annual Amount Due on Receipt (USD)$10,008.00 754 Terms and Conditions 4 / 4© 2024 Themis Solutions Inc. Standard Terms 1.Additional users may be added throughout the duration of the subscriptions at a prorated amount. 2.By accepting this Service Proposal, you agree to Clioʼs Terms of Service for Clio products and to Clio Draftʼs Terms of Use for Clio Draft products. 3.No refunds or credits will be issued for partial periods of service, subscription upgrades or downgrades, or periods unused with an active subscription, including but not limited to account cancellation and removal of user licenses or in connection with any onboarding or data migration services. 4.If you cancel the subscription within the first 12 months (the "Term Commitment"), you agree that the entire unpaid balance for the Term Commitment will immediately become due and payable with no payment adjustments for unused services or for the removal of any subscribers during that period. 5.While all services will be delivered in accordance with industry best practises, neither Clio or Clio Draft make any warranty that onboarding or data migration services will meet all of your expectations or requirements or will be fit for your particular purpose. Custom Billing Term 1.Annual agreement of $10,008.00 USD, with payments of $10,008.00 USD to be made annually via ACH. Clio Certified Partners Clio may recommend that customers utilize Clio Certified Partners to assist with software implementation. Clio Certified Partner means that representatives have been assessed by Clio as proficient in the use and resale of the Clio application. Clioʼs certification process does not assess any individual or advisorʼs proficiency as an accountant, consultant, law firm advisor, etc. Clio Certified Partners are not employees of Clio. Clio does not guarantee the service provided by any Clio Certified Partners. It is up to the customer to perform their own due diligence on Clio Certified Partners and engage the partner separately to perform the implementation services. Service Proposal Approved by: Signature: __________________________Title:__________________________ Name:__________________________Date:__________________________ 755 For customers using eu.app.clio.com, please refer to our EMEA Terms of Service. The following “User License Agreement” governs your use of the soware and ser vices provided by Themis Solutions Inc. (and its subsidiaries) (“Themis”) also known as Clio. This is a legal agreement between you and Themis and incorporates the Privacy Policy at clio.com/privacy and the attached Exhibits. By registering your use of the Ser vice (as defined below), you are accepting to be bound to the terms of this User License Agreement. 1. Definitions (a) “Administrator” shall mean a Subscriber (as defined in Section 1(i)) with authority to designate additional Authorized Users and/or Administrators, and commit the Subscriber to additional ser vices from Themis. (b) “Agreement” shall mean this entire User License Agreement and incorporates by reference the Privacy Policy located at clio.com/privacy and the attached Exhibits. Exhibit A – Themis Ser vice Level Commitments and Support Services Exhibit B – Themis Data Protection Addendum for GDPR Compliance Exhibit C – Themis Authorized Subprocessors EFFECTIVE DATE: JULY 9, 2024 North American Terms of Service For customers using app.clio.com and grow.clio.com Try For Free MENU 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/1/17756 Exhibit A Themis Service Level Commitments and Support Services Commencing on the date the Service to the Subscriber commences (the “Subscription Term”), Themis will provide Service Level Commitments (“SLC”) Credits (defined in Section 3 below) and Support Ser vices in accordance with the SLC and Support Ser vices Terms as defined herein. In the event of any conflict between the Agreement and the Service Level Commitment and Support Ser vices Terms, the SLC and Support Services Terms will prevail. The SLC and Support Ser vices incorporate the definitions set forth in Section 1 of the Clio User License Agreement. 1. Exhibit Definitions “Subscriber Core Group” means Subscriber’s employees who have been trained on the Ser vice and who are familiar with Subscriber’s business practices. “Subscriber User Community” means all users who input, extract or view data in the Ser vice, including all Registered Clients. Terms of Service Themis Service Level Commitments and Support Services  Try For Free MENU 7/30/24, 11:47 AM Themis Service Level Commitments and Support Services | Clio https://www.clio.com/tos/service-level-commitments/1/6757 “Downtime” means any period, greater than ten minutes, within the Scheduled Available Time during which the Subscriber is unable to access or use the Service because of an Error (as defined below), excluding (i) any such period that occurs during any Scheduled Downtime and/or Recurring Downtime (as defined below), or (ii) document preview, search, FTP or sync functions of the Service. “Error(s)” means the material failure of the Service to conform to its published functional specifications. “Procedural Issues” means those issues that are to be addressed by Subscriber through adjustment of a specific business process to accomplish work in the Service. “Recurring Downtime” means 4 hours per month on the third Saturday of the month from 12:00 A.M. to 4:00 A.M. PST. “Request” means a modification to the Service outside of the scope of the functional specifications. “Scheduled Available Time” means 24 hours a day, 7 days a week. “Scheduled Downtime” means the time period identified by Themis in which it intends to perform any planned upgrades and/or maintenance on the Service or related systems and any overrun beyond the planned completion time. “Uptime Percentage” means the total number of minutes of Scheduled Available Time for a calendar month minus the number of minutes of Downtime suffered in such calendar month, divided by the total number of minutes of Scheduled Available Time in such calendar month. Uptime Percentage will be calculated by Themis solely using records and tools available to Themis. “User Administration Support” means issues that impact the usability of the Ser vice and are addressable through the adjustment of Registered Client’s access privileges, processes or procedures. 2. Scope of Service Level Commitments Themis’s obligations do not extend to Errors or other issues caused by: 1. any modification of the Ser vice made by any person other than Themis; 7/30/24, 11:47 AM Themis Service Level Commitments and Support Services | Clio https://www.clio.com/tos/service-level-commitments/2/6758 2. any third party hardware or soware used by Subscriber or any Registered Clients except as otherwise provided in the then current Documentation; 3. the improper operation of the Service by Subscriber or Registered Clients; 4. the accidental or deliberate damage to, or intrusion or interference with the Service; 5. the use of the Ser vice other than in accordance with any user Documentation or the reasonable instructions of Themis; 6. ongoing test or training instances of the Ser vice provided to Subscriber; or 7. services, circumstances or events beyond the reasonable control of Themis, including, without limitation, any force majeure events, the performance and/or availability of local ISPs employed by Subscriber, or any network beyond the demarcation or control of Themis. 3. Scheduled Downtime and Guaranteed Uptime Themis will use commercially reasonable efforts to provide at least 24 hours’ prior notice before undertaking any Scheduled Downtime. Commencing on the effective date of the applicable Subscription Term, in the event the Ser vice experiences an Uptime Percentage of less than 99.9% in any calendar month, Themis will provide to Subscriber a credit (“SLC Credit”) equal to the credit percentage identified in the table SLC Credits table below multiplied by the Subscriber’s fees paid to Themis for the Service that are attributable to such month (calculated on a straight line pro-rated basis with respect to any fees paid in advance). Subscriber will submit a written SLC Credit request to Themis in writing within 30 days of such Downtime. The SLC Credit is Subscriber’s sole and exclusive remedy for any failure by Themis to meet any performance obligations pertaining to the Service, including, without limitation, any support obligations except as provided in the User License Agreement. Themis reserves the right to temporarily suspend Subscriber’s or a Registered Client’s access to the Clio Service as set out in the User License Agreement. Any such suspensions based on repairs, technical problems, outages or maintenance services will be subject to the Service Level Commitments. SLC Credits Table Uptime Percentage Credit Percentage Equal to or greater than 98% but less than 99.9%10% 7/30/24, 11:47 AM Themis Service Level Commitments and Support Services | Clio https://www.clio.com/tos/service-level-commitments/3/6759 Less than 98%25% 4. Availability of SLC Credits Subscribers who are past due on any payments owed to Themis are not eligible to receive SLC Credits. Themis will issue SLC Credits, as determined in its sole discretion, either on future billing cycles or as a refund against annual fees paid. In order to receive any SLC Credit, Subscriber must notify Themis within 30 days from the time Subscriber becomes eligible to receive a SLC Credit. Failure to comply with this requirement will forfeit Subscriber’s right to receive a SLC Credit. In no event will the total amount of SLC Credits if any, exceed the fees paid by Subscriber for the corresponding month. 5. Support Services Themis will provide support services to assist Subscriber in resolving Errors (“Support Ser vices”). Support Services do not include (a) physical installation or removal of the API and any Documentation; (b) visits to Subscriber’s site; (c) any electrical, mechanical or other work with hardware, accessories or other devices associated with the use of the Service; (d) any work with any third party equipment, soware or ser vices; (e) any professional ser vices (“Professional Ser vices”) associated with the Ser vice, including, without limitation, any custom development, or data modeling. Themis will provide email and/or phone support as specified at support.clio.com, excluding Themis corporate holidays and national Canadian, Irish, and U.S. holidays except where noted. Have questions? Call 1-888-858-2546 or email sales@clio.com. Our sales team is available Monday to Friday from 8 a.m. to 8 p.m. EST.      Products Clio Complete Features Client Intake Resources & Events All Upcoming Events 7/30/24, 11:47 AM Themis Service Level Commitments and Support Services | Clio https://www.clio.com/tos/service-level-commitments/4/6760 Clio Manage Clio Grow Clio Accounting Clio for Clients Clio Dra Integrations Billing & Collections Case Management Document Management Task Management What’s New See All Features Customer Stories Clio Cloud Conference Legal Trends Report The Legal Insider Magazine Compare Clio Blog Start a Law Firm Community Customer Community Bar Associations Incubator Program Referrals Academic Access Channel Partner Program Support Help Center Developer Hub Find a Consultant Clio Academy Sitemap Subscribe Contact Us T R A N S F O R M I N G T H E L E G A L E X P E R I E N C E F O R A L L Terms of Service Legal Ser vice Privacy Policy Cookies GDPR Accessibility About Us •Our Mission •Leadership •Careers •News & Press Region 7/30/24, 11:47 AM Themis Service Level Commitments and Support Services | Clio https://www.clio.com/tos/service-level-commitments/5/6761 © 2008 - 2024 Themis Solutions Inc. (Clio) | 300 - 4611 Canada Way, Burnaby, BC V5G 4X3 7/30/24, 11:47 AM Themis Service Level Commitments and Support Services | Clio https://www.clio.com/tos/service-level-commitments/6/6762 (c) “Authorized User” shall mean an individual subscriber or the partners, members, employees, temporar y employees, and independent contractors of an organization with a subscription to the Ser vice who have been added to the account as users. (d) “Confidential Information” shall mean the Content (as defined in Section 1(e)) and any information, technical data, or know-how considered proprietar y or confidential by either party to this Agreement including, but not limited to, either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or aer the Effective Date of this Agreement, either directly or indirectly in any form whatsoever, including in writing, orally, machine-readable form or through access to either party’s premises. (e) “Content” shall mean any information you upload or post to the Ser vice and any information provided by you to Themis in connection with the Service, including, without limitation, information about your Authorized Users or Registered Clients, as defined in Section 1(g). (f ) “Primary Subscriber” shall mean the Subscriber who initiated the Services offered by Themis and is assumed by Themis to have the sole authority to administer the subscription. (g) “Registered Client” means an individual who has been invited to use the client-facing features of the Service in a limited capacity as a client of an Authorized User. (h) “Ser vice” shall mean any soware or services provided by Themis, including but not limited to Clio Manage, practice management soware, and Clio Grow, customer relationship management (CRM) and client intake soware. (i) “Subscriber” shall refer to the purchaser of the Services provided by Themis and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on your behalf. (j) “Security Emergency” shall mean a violation by Subscriber of this Agreement that (a) could disrupt (i) Themis’s provision of the Ser vice; (ii) the business of other subscribers to the Ser vice; or (iii) the network or servers used to provide the Service; or (b) provides unauthorized third party access to the Service. 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/2/17763 Exhibit B Themis Data Protection Addendum To the extent that Themis Processes any Subscriber Personal Data (each as defined below) and (i) the Subscriber Personal Data relates to individuals located in the EEA; or (ii) Subscriber is established in the EEA or UK, the provisions of this Data Processing Addendum (“DPA”) shall apply to the processing of such Subscriber Personal Data. In the event of any conflict between the remainder of the Agreement and the DPA, the DPA will prevail. 1. Definitions 1.1. The following capitalised terms used in this DPA shall be defined as follows: (a) “Controller” has the meaning given in the GDPR. (b) “Data Protection Laws” means the EU General Data Protection Regulation 2016/679 (“GDPR“) or the UK General Data Protection Regulation (“UK GDPR”), tailored by the Data Terms of Service LAST MODIFIED ON AUGUST 4, 2022, COMING INTO EFFECT ON AUGUST 18, 2022 Themis Data Protection Addendum for GDPR Compliance  Try For Free MENU 7/30/24, 11:48 AM Themis Data Protection Addendum for GDPR Compliance | Clio https://www.clio.com/tos/data-protection-addendum/1/8764 A s disclosed in §3.1 of Themis’ Data Protection Addendum for GDPR Compliance, Themis uses the authorized subprocessors listed below to process personal information. All processing is done in accordance with Themis’ Terms of Service and Privacy Policy respectively. Subprocessor Purpose Controller of the Personal Information Amazon Web Services Hosting provider Subscriber AppCues Customer Training Themis Backupify Backups Themis Bandwidth SMS sending Themis Box.com Document Preview Subscriber Brightback Customer Retention Themis Terms of Service THIS DOCUMENT WAS LAST MODIFIED ON JULY 23, 2024 Subprocessors  Try For Free MENU 7/30/24, 11:49 AM Subprocessors | Clio https://www.clio.com/tos/subprocessors/1/4765 Chili Piper Scheduling and Routing Themis Churnzero Customer Success Themis Docusign Contract management Themis Freshworks IT Help Desk ticketing Themis Gong Call recording Themis Greenhouse HR data Themis Hellosign Contract Management Subscriber Incident.io Incident Management Themis Litmus Marketing Automation Themis Marketo Marketing Automation Themis Microso Azure AI Processor Subscriber Nintex Document Generation Subscriber Pendo Product Design Themis ProductBoard Customer Feedback Themis Salesforce Customer Relationship Management Themis SalesloCustomer Relationship Management Themis Sendoso Direct Mail automation Themis Slack Collaboration and Communication Themis 7/30/24, 11:49 AM Subprocessors | Clio https://www.clio.com/tos/subprocessors/2/4766 Stripe Payment Processor Themis Talkdesk Call recording Themis Trulioo Fraud Detection/Identification Verification Themis Uservoice User Feedback Themis YouCanBookMe Appointment booking Themis Zendesk Customer Support Themis Zoom Call recording Themis/Subscriber Have questions? Call 1-888-858-2546 or email sales@clio.com. Our sales team is available Monday to Friday from 8 a.m. to 8 p.m. EST.      Products Clio Complete Clio Manage Clio Grow Clio Accounting Clio for Clients Clio Dra Integrations Features Client Intake Billing & Collections Case Management Document Management Task Management What’s New See All Features Resources & Events All Upcoming Events Customer Stories Clio Cloud Conference Legal Trends Report The Legal Insider Magazine Compare Clio Blog 7/30/24, 11:49 AM Subprocessors | Clio https://www.clio.com/tos/subprocessors/3/4767 Start a Law Firm Community Customer Community Bar Associations Incubator Program Referrals Academic Access Channel Partner Program Support Help Center Developer Hub Find a Consultant Clio Academy Sitemap Subscribe Contact Us T R A N S F O R M I N G T H E L E G A L E X P E R I E N C E F O R A L L Terms of Service Legal Ser vice Privacy Policy Cookies GDPR Accessibility © 2008 - 2024 Themis Solutions Inc. (Clio) | 300 - 4611 Canada Way, Burnaby, BC V5G 4X3 About Us •Our Mission •Leadership •Careers •News & Press Region 7/30/24, 11:49 AM Subprocessors | Clio https://www.clio.com/tos/subprocessors/4/4768 Protection Act 2018, any applicable national implementing legislation in each case as amended, replaced or superseded from time to time, and all applicable legislation protecting the fundamental rights and freedoms of persons and their right to privacy with regard to the Processing of Subscriber Personal Data. (c) “Data Subject” has the meaning given in the GDPR. (d) “European Economic Area” or “EEA” means the Member States of the European Union together with Iceland, Norway, and Liechtenstein. (e) “Processing” has the meaning given in the GDPR, and “Process” will be interpreted accordingly. (f ) “Processor” has the meaning given in the GDPR. (g) “Security Incident” means any confirmed accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, any Subscriber Personal Data. (h) “Standard Contractual Clauses” means the Standard Contractual Clauses (processors) approved by European Commission Decision (EU) 2021/914 of 4 June 2021 or any subsequent version thereof released by the European Commission (which will automatically apply). The Standard Contractual Clauses are applicable to the extent they reference Module Two (Controller-to-Processor).  When (i) the Subscriber Personal Data relates to individuals located in the UK; or (ii) Subscriber is established in the UK, the parties agree to the Mandatory Clauses of the Approved Addendum, being the template Addendum B.1.0 issued by the ICO and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 Februar y 2022, as it is revised under Section18 of those Mandator y Clauses. (i) “Subprocessor” means any Processor engaged by Themis who agrees to receive from Themis Subscriber Personal Data. (j) “Subscriber Personal Data” means the “personal data” (as defined in the GDPR) described in the Annex and any other personal data contained in the Content or that Themis processes on Subscriber’s behalf in connection with the provision of the Service. (k) “Supervisory Authority” has the meaning given in the GDPR. 7/30/24, 11:48 AM Themis Data Protection Addendum for GDPR Compliance | Clio https://www.clio.com/tos/data-protection-addendum/2/8769 (l) “United Kingdom” or “UK” means the country of the United Kingdom. 2. Data Processing 2.1. The Parties acknowledge and agree that for the purpose of the Data Protection Laws, the Subscriber is the Controller and Themis is the Processor. 2.2 Instructions for Data Processing. Themis will only Process Subscriber Personal Data in accordance with Subscriber’s written instructions. The parties acknowledge and agree that the Agreement (subject to any changes to the Service agreed between the parties) and this DPA shall be Subscriber’s complete and final instructions to Themis in relation to the processing of Subscriber Personal Data. 2.3. Processing outside the scope of this DPA or the Agreement will require prior written agreement between Subscriber and Themis on additional instructions for Processing. 2.4. Required consents. Where required by applicable Data Protection Laws, Subscriber will ensure that it has obtained/will obtain all necessar y consents and complies with all applicable requirements under Data Protection Laws for the Processing of Subscriber Personal Data by Themis in accordance with the Agreement. 3. Transfer of Personal Data 3.1. Authorised Subprocessors. Subscriber agrees that Themis may use Subprocessors listed to Process Subscriber Personal Data. The current list of Subprocessors may be accessed here: Exhibit C. 3.2. As per Clause 9(a), Module 2, OPTION 2 of the Standard Contractual Clauses, Subscriber agrees that Themis may use subcontractors to fulfil its contractual obligations under the Agreement. Themis shall notify Subscriber from time to time of the identity of any Subprocessors engaged. If Subscriber (acting reasonably) objects to a new Subprocessor on grounds related to the protection of Subscriber Personal Data only, then without prejudice to any right to terminate the Agreement, Subscriber may request that Themis move the Subscriber Personal Data to another Subprocessor and Themis shall, within a reasonable time following receipt of such request, use reasonable endeavours to ensure that the original Subprocessor does not Process any of the Subscriber Personal Data. If it is not reasonably possible to use another Subprocessor, and Subscriber continues to object for a legitimate reason, either party may terminate the Agreement on thirty (30) days written notice. If Subscriber does not object within thirty (30) days of receipt of the notice, Subscriber is deemed to have accepted the new Subprocessor. 7/30/24, 11:48 AM Themis Data Protection Addendum for GDPR Compliance | Clio https://www.clio.com/tos/data-protection-addendum/3/8770 3.3. Save as set out in clauses 3.1 and 3.2, Themis shall not permit, allow or otherwise facilitate Subprocessors to Process Subscriber Personal Data without Subscriber’s prior written consent and unless Themis: (a) enters into a written agreement with the Subprocessor which imposes equivalent obligations on the Subprocessor with regard to their Processing of Subscriber Personal Data, as are imposed on Themis under this DPA; and (b) shall at all times remain responsible for compliance with its obligations under the DPA and will be liable to Subscriber for the acts and omissions of any Subprocessor as if they were Themis’s acts and omissions. 3.4. International Transfers of Subscriber Personal Data. Themis commits to Processing Subscriber Personal Data within the EEA. To the extent that the Processing of Subscriber Personal Data by Themis involves the export of such Subscriber Personal Data to a third party in a country or territor y outside the EEA, such export shall be: (a) to a country or territor y ensuring an adequate level of protection for the rights and freedoms of Data Subjects as determined by the European Commission; (b) to a third party that is a member of a compliance scheme recognised as offering adequate protection for the rights and freedoms of Data Subjects as determined by the European Commission; or (c) governed by the Standard Contractual Clauses between the Subscriber as exporter and such third party as importer. For this purpose, the Subscriber appoints Themis as its agent with the authority to complete and enter into the Standard Contractual Clauses as agent for the Subscriber on its behalf. 4. Data Security, Audits, and Security Notifications 4.1 Themis Security Obligations. Themis will implement and maintain appropriate technical and organizational security measures to ensure a level of security appropriate to the risk, including as appropriate, the measures referred to in Article 32(1) of the GDPR. 4.2 Upon Subscriber’s reasonable request, Themis will make available all information reasonably necessar y to demonstrate compliance with this DPA. 4.3 Security Incident Notification. If Themis becomes aware of a Security Incident, Themis will (a) notify Subscriber of the Security Incident within 72 hours, (b) investigate the Security 7/30/24, 11:48 AM Themis Data Protection Addendum for GDPR Compliance | Clio https://www.clio.com/tos/data-protection-addendum/4/8771 Incident and provide Subscriber (and any law enforcement or regulatory official) with reasonable assistance as required to investigate the Security Incident. 4.4 Themis Employees and Personnel. Themis will treat the Subscriber Personal Data as confidential, and shall ensure that any employees or other personnel have agreed in writing to protect the confidentiality and security of Subscriber Personal Data. 4.5 Audits. Themis will, upon Subscriber’s reasonable request and at Subscriber’s expense, allow for and contribute to audits, including inspections, conducted by Subscriber (or a third party auditor on Subscriber’s behalf and mandated by Subscriber) provided (i) such audits or inspections are not conducted more than once per year (unless requested by a Super visory Authority); (ii) are conducted only during business hours; (iii) are conducted in a manner that causes minimal disruption to Themis’s operations and business; and (iv) Following completion of the audit, upon request, Subscriber will promptly provide Themis with a complete copy of the results of that audit. 5. Access Requests and Data Subject Rights 5.1 Data Subject Rights. Where applicable, and taking into account the nature of the Processing, Themis will use reasonable endeavours to assist Subscriber by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of Subscriber’s obligation to respond to requests for exercising Data Subject rights laid down in the Data Protection Laws. 6. Data Protection Impact Assessment and Prior Consultation 6.1 To the extent required under applicable Data Protection Laws, Themis will provide Subscriber with reasonably requested information regarding its Ser vice to enable Subscriber to carr y out data protection impact assessments or prior consultations with any Super visor y Authority, in each case solely in relation to Processing of Subscriber Personal Data and taking into account the nature of the Processing and information available to Themis. 7. Termination 7.1 Deletion or return of data. Subject to 7.2 below, Themis will, at Subscriber’s election and within 90 (ninety) days of the date of termination of the Agreement: (a) make available for retrieval all Subscriber Personal Data Processed by Themis (and delete all other copies of Subscriber Personal Data Processed by Themis following such retrieval); or (b) delete the Subscriber Personal Data Processed by us. 7/30/24, 11:48 AM Themis Data Protection Addendum for GDPR Compliance | Clio https://www.clio.com/tos/data-protection-addendum/5/8772 7.2 Themis and its Subprocessors may retain Subscriber Personal Data to the extent required by applicable laws and only to the extent and for such period as required by applicable laws and always provided that Themis ensures the confidentiality of all such Subscriber Personal Data and shall ensure that such Subscriber Personal Data is only Processed as necessary for the purpose(s) specified in the applicable laws requiring its storage and for no other purpose. 8. Governing law 8.1 This DPA shall be governed by, and construed in accordance with the laws of Ireland. Each of the parties irrevocably submits for all purposes (including any non-contractual disputes or claims) to the non-exclusive jurisdiction of the courts in Ireland. For Standard Contractual Clauses Clause 17 OPTION 1 and Clause 18, the parties agree to the laws and courts of Ireland. Annex Details of the Processing of Subscriber Personal Data This Annex includes certain details of the processing of Subscriber Personal Data as required by Article 28(3) of the GDPR. Subject matter and duration of the Processing of Subscriber Personal Data The subject matter and duration of the Processing of the Subscriber Personal Data are set out in the Agreement and this DPA. The nature and purpose of the Processing of Subscriber Personal Data The Subscriber Personal Data will be subject to the following basic processing activities: transmitting, collecting, storing and analysing data in order to provide the Service to the Subscriber, and any other activities related to the provision of the Service or specified in the Agreement. The types of Subscriber Personal Data to be processed The Subscriber Personal Data concern the following categories of data: names; email addresses; personal and professional information; and any other personal data provided by the Subscriber in connection with its use of the Ser vice. The categories of data subject to whom the Subscriber Personal Data relates 7/30/24, 11:48 AM Themis Data Protection Addendum for GDPR Compliance | Clio https://www.clio.com/tos/data-protection-addendum/6/8773 Any categories of individuals whose data the Subscriber extracts, transfers, and/or loads onto the Service, which may include but is not limited to: Registered Clients; and Past, present and prospective clients, business relationship contacts, and outside counsel contacts of the Subscriber. The obligations and rights of the Subscriber The obligations and rights of the Subscriber are as set out in this DPA. Have questions? Call 1-888-858-2546 or email sales@clio.com. Our sales team is available Monday to Friday from 8 a.m. to 8 p.m. EST.      Products Clio Complete Clio Manage Clio Grow Clio Accounting Clio for Clients Clio Dra Integrations Features Client Intake Billing & Collections Case Management Document Management Task Management What’s New See All Features Resources & Events All Upcoming Events Customer Stories Clio Cloud Conference Legal Trends Report The Legal Insider Magazine Compare Clio Blog Start a Law Firm Community Customer Community Bar Associations Support Help Center Developer Hub 7/30/24, 11:48 AM Themis Data Protection Addendum for GDPR Compliance | Clio https://www.clio.com/tos/data-protection-addendum/7/8774 Incubator Program Referrals Academic Access Channel Partner Program Find a Consultant Clio Academy Sitemap Subscribe Contact Us T R A N S F O R M I N G T H E L E G A L E X P E R I E N C E F O R A L L Terms of Service Legal Ser vice Privacy Policy Cookies GDPR Accessibility © 2008 - 2024 Themis Solutions Inc. (Clio) | 300 - 4611 Canada Way, Burnaby, BC V5G 4X3 About Us •Our Mission •Leadership •Careers •News & Press Region 7/30/24, 11:48 AM Themis Data Protection Addendum for GDPR Compliance | Clio https://www.clio.com/tos/data-protection-addendum/8/8775 2. Limited License & Use of the Service 2.1 Subscriber is granted a non-exclusive, non-transferable, limited license to access and use the Service. 2.2 Themis does not review or pre-screen the Content and Themis claims no intellectual property rights with respect to the Content. 2.3 Authorized Users agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheet (“CSS”) or any visual design elements without the express written permission from Themis. 2.4 Authorized Users agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Ser vice, Themis, or any other soware or service provided by Themis. 2.5 Authorized Users agree that they will not knowingly use the Ser vice in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamator y, pornographic, obscene or in violation of the terms of this Agreement. 2.6 Authorized Users agree that they will not knowingly use the Ser vice to upload, post, host, or transmit unsolicited bulk email “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature. 2.7 Except for the non-exclusive license granted pursuant to this Agreement, Subscriber acknowledges and agrees that all ownership, license, intellectual property and other rights and interests in and to the Ser vice shall remain solely with Themis. 2.8 Authorized Users who configure the Service to share or make available certain Content to the public, are deemed to acknowledge and agree that everyone will have access to the Content (“Public Content”). It is the responsibility of the Authorized User to determine if the Ser vice being shared is appropriate for each Registered User. Themis reserves the right, at any time, in its sole discretion, to take any action deemed necessar y with respect to Public Content that violates the terms of this Agreement, including, but not limited to, removal of such Public Content. 2.9 Themis reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice, 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/3/17776 except that Themis shall provide Subscriber with 30-days notice of any modification that materially reduces the functionality of the Service. Continued use of the Service following any modification constitutes Subscriber’s acceptance of the modification. 2.10 Themis reserves the right to temporarily suspend access to the Ser vice for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide no less than two business days notice prior to any such suspension. Such notice shall be provided to you in advance through by way of notification within the Ser vice, email or other notification method deemed appropriate by Themis. Further, Themis shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to the Subscriber, but reserves the ability to temporarily suspend operations without notice at any time to complete necessary repairs. In the event of a temporar y suspension, Themis will use the same notification methods listed in this section to provide updates as to the nature and duration of any temporary suspension. 2.11 Themis stores all Content on redundant storage ser vers. The Subscriber may elect to, at a regular interval, replicate all Content associated with the subscription to a third party storage service (“Escrow Agent”). The replicated Content (“Escrowed Data”) will be held under the terms of a separate agreement exclusively between the Subscriber and the Escrow Agent (“Escrow Agreement”). The Subscriber may also elect to replicate all Content associated with the subscription on its own storage device. 2.12 Subscriber grants to Themis a non-exclusive, royalty-free right during Subscriber’s use of the Service, to use the Confidential Information for the sole purpose of performing Themis’ obligations under the Agreement in accordance with the terms of the Agreement. Such rights shall include permission for Themis to generate and publish aggregate, anonymized reports on system usage and Content trends and type, provided they do not conflict with Section 4.1. 2.13 Themis uses one code-base for all jurisdictions. Subscriber is required, using settings available within the Service, to configure the Service for its own jurisdiction and to verify that the settings meet the Subscriber’s requirements. Themis will highlight known features that may require Subscriber review. 3. Access to the Service 3.1 Subscriber is only permitted to access and use the Service if he/she is an Authorized User or a Registered Client. Authorized Users are required to provide their full legal name, a valid email address, and any other information reasonably requested by the Service. 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/4/17777 3.2 Each Authorized User will be provided with a unique identifier to access and use the Ser vice (“Username”). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users. 3.3 The initial Administrator shall be the Primary Subscriber with authority to administer the subscription and designate additional Authorized Users and/or Administrators. Each subscription may designate multiple Authorized Users as Administrator. Any Administrator shall be deemed to have the authority to manage the subscription and any Authorized Users. The Administrator will deactivate an active Username if the Administrator wishes to terminate access to the Service for any Authorized User. 3.4 Administrators are responsible for all use of the Ser vice by Authorized Users on the list of active Authorized Users associated with their subscription to the Ser vice. 3.5 As between Themis and the Subscriber, any Content uploaded or posted to the Ser vice remains the property of the Subscriber. Upon Cancellation or Termination of Service as discussed in Section 10 below, Themis shall only be responsible for the return of Content directly to the Administrator or a designated Authorized User in the event that the Administrator is unable to be reached. 3.6 All access to and use of the Ser vice via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Ser vice is strictly prohibited. 3.7 Authorized Users are permitted to access and use the Ser vice using an Application Program Interface (“API”) subject to the following conditions: (a) any use of the Service using an API, including use of an API through a third-party product that accesses and uses the Service, is governed by these Terms of Service; (b) Themis shall not be liable for any direct, indirect, incidental, special, consequential or exemplar y damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Themis has been advised of the possibility of such damages), resulting from any use of an API or third-party products that access and use the Ser vice via an API; (c) Excessive use of the Service using an API may result in temporary or permanent suspension of access to the Ser vice via an API. Themis, in its sole discretion, will determine 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/5/17778 excessive use of the Service via an API, and will make a reasonable attempt to warn the Authorized User prior to suspension; and (d) Themis reserves the right at any time to modify or discontinue, temporarily or permanently, access and use of the Service via an API, with or without notice. 4. Confidentiality 4.1 Each party agrees to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except as necessar y to perform its obligations under this Agreement. 4.2 Themis and any third party vendors and hosting partners it utilizes to provide the Service shall hold Content in strict confidence and shall not use or disclose Content except (a) as required to perform their obligations under this Agreement; (b) in compliance with Section 7 of this Agreement, or (c) as otherwise authorized by you in writing. 5. Security and Access 5.1 Themis is responsible for providing a secure method of authentication and accessing its Ser vice. Themis will provide mechanisms that: (a) allow for user password management (b) transmit passwords in a secure format (c) protect passwords entered for purposes of gaining access to the Service by utilizing code that follows password management best practices. 5.2 Subscriber will be responsible for protecting the security of usernames and passwords, or any other codes associated to the Service, and for the accuracy and adequacy of personal information provided to the Service. 5.3 Subscriber will implement policies and procedures to prevent unauthorized use of usernames and passwords, and will promptly notify Themis upon suspicion that a username and password has been lost, stolen, compromised, or misused. 5.4 At all times, Themis, and any third party vendors and hosting partners it utilizes to provide the Service, will: (a) use information security best practices for transmitting and storing your Content, adhering to industr y standards; 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/6/17779 (b) employ information security best practices with respect to network security techniques, including, but not limited to, firewalls, intrusion detection, and authentication protocols, vulnerability and patch management; (c) ensure its host facilities maintain industr y standards for security and privacy; and (d) within thirty (30) days of a request by Subscriber, provide Subscriber with a (SOC2 or SOC3) audit report or industry standard successor report or a comparable description of its security measures in respect of the data center facilities used to host the Service and the Content. In order to obtain such a report, Subscriber must enter into an agreement with the third party provider of the report. 5.5 Themis shall report to Subscriber, with all relevant details (except those which could prejudice the security of data uploaded by other customers), any event that Themis reasonably believes represents unauthorized access to, disclosure of, use of, or damage to Content (a “Security Breach”). Themis shall make such report within 72 hours aer learning of the Security Breach. 5.6 In the event of a Security Breach, Themis shall (a) cooperate with Subscriber to identify the cause of the breach and to identify any affected Content; (b) assist and cooperate with Subscriber in investigating and preventing the recurrence of the Security Breach; (c) assist and cooperate with Subscriber in any litigation or investigation against third parties that Subscriber undertake to protect the security and integrity of Content; and (d) use commercially reasonable endeavours to mitigate any harmful effect of the Security Breach. 6. EU Data Protection The parties agree to comply with the provisions of the Data Processing Addendum set out in Exhibit B. 7. Legal Compliance 7.1 Themis maintains that its primary duty is to protect the Content to the extent the law allows. Themis reserves the right to provide the Confidential Information to third parties as required and permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. If Themis is required by law to make any disclosure of the Confidential Information that is prohibited or otherwise constrained by this Agreement, then Themis will provide Subscriber with prompt written notice (to the extent permitted by law) prior to such disclosure so that 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/7/17780 the Subscriber may seek a protective order or other appropriate relief. Subject to the foregoing sentence, Themis may furnish that portion (and only that portion) of the Confidential Information that it is legally compelled or otherwise legally required to disclose. 7.2 Themis will only accept legal requests for production of Content or other Confidential Information through the procedures listed on https://www.clio.com/legal-ser vice. 8. Managed Backup and Archiving 8.1 Themis’s managed backup services must be designed to facilitate restoration of Content to the ser ver or device from which the Content originated in the event the primary data is lost or corrupted. Themis shall ensure recovery of lost or corrupted Content at no cost to you. Following any cancellation or termination of Ser vice for any reason, Subscriber shall have ninety days to retrieve any and all Content. 9. Payment, Refunds, and Subscription Changes 9.1 Subscribers with paid subscriptions will provide Themis with a valid credit card for payment of the applicable subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal, or other taxes which Subscribers agree to pay based on where the Subscriber is located. Invoices will include (i) subscription fees and (ii) all applicable sales taxes, as amended from time to time, for the jurisdiction in which the Subscriber is located. In the event of updated tax rates, Themis will apply the new tax rate without notice to the Subscriber. In addition to any fees, the Subscriber may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges. 9.2 Subscribers with monthly paying subscriptions will be charged upon the expiration of any applicable free trial period. Subscriptions cancelled prior to the expiration of any trial period, will not be charged. Monthly Subscribers will thereaer be charged in advance each 30 days. Annual Subscribers will thereaer be charged annually on the anniversary date of the initial subscription charge. All charges are final and non-refundable, including payments made by Annual Subscribers, setup fees, and other professional services charges. Subscribers who purchased setup or professional services, like tailored live training, customized forms and documents, or migration services, must initiate those services within sixty (60) days (Service Window) following their purchase. Absent a separate invoice, the date of purchase for setup or professional services will be deemed to be the initial date of entry of a valid credit card for payment as required in §9.1. Failure of the Subscriber to initiate 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/8/17781 purchased setup or professional services within Service Window will result in those services no longer being available and no refund will be issued. 9.3 No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a Subscriber. 9.4 There are no charges for cancelling a subscription and paying subscriptions cancelled prior to the end of their current billing cycle will not be charged again in the following cycle. 9.5 The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades, and including the addition or removal of discounts included for the purchase of suite services. Adding Authorized User subscriptions or subscription upgrades will trigger prorated charges in the current billing cycle. Subscriber authorizes Themis to apply updated charge amounts. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Ser vice. 9.6 All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Administrator, or in the form of an announcement on the Ser vice. 9.7 Subscriber is responsible for paying all taxes associated with the subscription to the Ser vice. If Themis has the legal obligation to pay or collect taxes for which Subscriber is responsible under this section, the appropriate amount shall be charged to and paid by Subscriber, unless Subscriber provides Themis with a valid tax exemption certificate authorized by the appropriate taxing authority. 9.8 Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any taxes. If the Subscriber is required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, aer making all required deductions or withholdings, Themis receives an amount equal to the sum it would have received had no such deduction or withholding been made. 10. Cancellation and Termination 10.1 Administrators are solely responsible for canceling subscriptions. An Administrator may cancel their subscription at any time by accessing the Service and visiting app.clio.com/settings/subscription/edit as applicable. For security reasons, 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/9/17782 cancellations shall only be performed by an Administrator using the account cancellation URL within the Service. The Administrator may be directed, within the Service, to call support to complete the cancellation. Cancellations shall not be accepted by any other means. 10.2 Themis in its sole discretion has the right to suspend or discontinue providing the Service to any Subscriber without notice for actions that are (a) in material violation of this Agreement and (b) create a Security Emergency. 10.3 If (i) Authorized Users use the Service to materially violate this Agreement in a way that does not create a Security Emergency; (ii) Themis provides Subscriber with commercially reasonable notice of this violation; (iii) Themis uses commercially reasonable efforts to discuss and resolve the violation with Subscriber; and (iv) despite the foregoing, the violation is not resolved to Themis’s reasonable satisfaction within thirty (30) days of such notice, then Themis reserves the right to suspend access to the Service. 10.4 A s required by Section 8 above (“Managed Backup and Archiving”), upon cancellation or termination of a subscription, Content is made available to the Administrator or a designated Authorized User. Following a period of no less than ninety (90) days from the cancellation or termination of a subscription, all Content associated with such subscription will be irrevocably deleted from the Service. All Escrowed Data, if any, will continue to remain available for a period of six months upon cancellation or termination of a subscription in accordance with the terms of the Escrow Agreement. 11. Limitation of Liability 11.1 Except in the case of a violation by Themis of its obligations under Section 4 above (“Confidentiality”), Section 5 above (“Security and Access”), and Section 8 above (“Managed Backup and Archiving”), and except as provided in Section 13.2 below (“Indemnification”), Themis shall not be liable for and Subscriber waives the right to claim any loss, injury, claim, liability or damage of any kind resulting in any way from the Services provided to Subscriber by Themis. 11.2 SUBSCRIBER AGREES THAT THE LIABILITY OF THEMIS ARISING OUT OF ANY CLAIM IN ANY WAY CONNECTED WITH THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE SERVICE PURSUANT TO THE AGREEMENT WITHIN THE SIX MONTH PERIOD BEFORE THE DATE THE CLAIM AROSE. SUBSCRIBER FURTHER AGREES THAT THEMIS IS NOT AND WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, ATTORNEY FEES) RELATING TO THIS AGREEMENT. THESE DISCLAIMERS APPLY REGARDLESS OF THE FORM OF ACTION, 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/10/17783 WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHETHER THOSE DAMAGES ARE FORESEEABLE AND WHETHER THEMIS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THESE DISCLAIMERS ARE NOT APPLICABLE TO THE INDEMNIFICATION OBLIGATION SET FORTH IN SECTION 13.2. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY THEMIS TO SUBSCRIBER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. 11.3 Subscriber will solely be responsible for any damage and/or loss of Content contained in Subscriber’s technology which occurs as a result of Subscriber’s electronic equipment and/or Subscriber’s computer system. 12. Disclaimer of Warranties 12.1 THEMIS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ANY SERVICES PROVIDED BY THEMIS. NOTHING IN THIS SECTION 12.1 SHALL MODIFY THEMIS’S OBLIGATION TO INDEMNIFY SUBSCRIBER AS REQUIRED BY SECTION 13.2(A) OF THIS AGREEMENT (“INDEMNIFICATION”). 12.2 Themis makes no warranty that its services when provided to Subscriber in digital or electronic format will be compatible with Subscriber computer and/or other equipment, or that these Services will be secure or error free. Nor does Themis make any warranty as to any results that may be obtained from the use of the Service. Nothing in this Section 12.2 shall modify Themis’s obligations under Section 4 above (“Confidentiality”) or Section 5 above (“Security and Access”) or Themis’s obligation to indemnify you as required by Section 13.2(b) of this Agreement (“Indemnification”). 12.3 Themis hereby disclaims all warranties of any kind related to Subscriber’s hardware or soware beyond the warranties provided by the manufacturer of Subscriber ’s hardware or soware. 13. Indemnification 13.1 Subscriber hereby agrees to indemnify and hold harmless Themis from and against any claim, action, proceeding, loss, liability, judgment, obligation, penalty, damage, cost or 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/11/17784 expense, including attorneys’ fees, which arise from or relate to the following: a. Authorized Users’ breach of any obligation stated in this Agreement, and b. Authorized Users’ negligent acts or omissions. Themis will provide prompt notice to Subscriber of any indemnifiable event or loss. Subscriber will undertake, at Subscriber’s own cost, the defense of any claim, suit or proceeding with counsel reasonably acceptable to Themis. Themis reserves the right to participate in the defense of the claim, suit, or proceeding, at Themis’ expense, with counsel of Themis’ choosing. 13.2 Themis shall defend, indemnify and hold Subscriber harmless against any loss, damage or costs (including reasonable attorneys’ fees) in connection with claims, demands, suits, or proceedings (“Claims”) made or brought against Subscriber by a third party a. alleging that the Service, or use of the Service as contemplated hereunder, infringes a copyright, a U.S. patent issued as of the date of final execution of this Agreement, or a trademark of a third party or involves the misappropriation of any trade secret of a third party; provided, however, that Subscriber: (a) promptly gives written notice of the Claim to Themis (provided, however, that the failure to so notify shall not relieve Themis of its indemnification obligations unless Themis can show that it was materially prejudiced by such delay and then only to the extent of such prejudice); (b) gives Themis sole control of the defense and settlement of the Claim (provided that Themis may not settle any Claim unless it unconditionally releases Subscriber of all liability); and (c) provides to Themis, at Themis’s cost, all reasonable assistance. Themis shall not be required to indemnify Subscriber in the event of: (x) modification of the Service by Subscriber in conflict with Subscriber’s obligations or as a result of any prohibited activity as set forth herein to the extent that the infringement or misappropriation would not have occurred but for such modification; (y) use of the Ser vice in combination with any other product or ser vice not provided by Themis to the extent that the infringement or misappropriation would not have occurred but for such use; or (z) use of the Ser vice in a manner not otherwise contemplated by this Agreement to the extent that the infringement or misappropriation would not have occurred but for such use; or b. arising out of or related to a violation by Themis of its obligations under Section 4 above (“Confidentiality”) or Section 5 above (“Security and Access”), 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/12/17785 14. Clio Payments 14.1 Themis offers an optional product which allows you to process payments and other payment related services (“Clio Payments”). In addition to Services related to Clio Payments provided by Themis, the payment processing component of Clio Payments is provided by the third party payment processing provider Stripe Payments Canada, Ltd. or its affiliates (“Payment Processor”). This payment processing is a Third Party Ser vice (as defined below) and is subject to the Stripe Connected Account Agreement including  agreements and other documents referred to in such agreement (collectively, the “Payment Processing Agreement”), as modified by the Payment Processor in accordance with the Payment Processing Agreement. By enrolling in and continuing to use Clio Payments, Subscriber agrees to be bound by this Section 14 and the applicable terms of the Payment Processing Agreement. 14.2 Clio Payments are subject to certain fees and surcharges communicated to Subscriber during the enrollment process. A s a condition of Themis enabling Clio Payments, Subscriber agrees to provide Themis with accurate and complete information related to Subscriber’s use of Clio Payments and authorizes Themis to share such information and transaction information with the Payment Processor  pursuant to our Privacy Policy. Transaction information from payors will be collected for processing of transactions by the Payment Processor in accordance with the Payment Processor’s terms applicable to the payments. To the extent permitted by law, Themis may collect any payment obligations Subscriber owes under this Agreement by deducting the corresponding amounts from funds payable to Subscriber arising from the settlement of card transactions through Clio Payments. Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. If the settlement amounts are not sufficient to meet Subscriber’s obligations, Themis may charge or debit the bank account or credit card registered in Subscriber’s account for any amounts owed (and you agree to execute such additional directions in writing to permit us to do so, if required). In the event a payment chargeback or dispute occurs, Subscriber may be charged a dispute fee per occurrence by Themis. This Section does not permit Themis to debit a Subscriber trust account for any reason. In addition to the amount due, delinquent accounts may be charged fees that are incidental to the collection of delinquent accounts and chargebacks including, but not limited to, collection fees, convenience fees, legal fees and expenses, costs of any arbitration or court proceeding, collection agency fees, any applicable interest and third party charges. Subscriber hereby explicitly agrees that all communication in relation to delinquent accounts will be made by electronic mail or by phone, at addresses and numbers provided to Themis. Such communication may be made by Themis or by anyone on its behalf, including, but not 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/13/17786 limited to, a third party collection agent. Subscriber will comply with the terms and conditions of any applicable merchant agreements and all applicable card network rules, policies, laws and regulations, at all times while using Clio Payments.  An Administrator may cancel the use of Clio Payments at any time by visiting here. 15. Clio File Themis offers an optional feature that allows Subscribers with a valid credit card on file with Themis to file documents directly with certain courts (“Clio File”). In order to activate your access to Clio File, or to make an electronic filing through Clio File, you may be required to agree to additional terms or conditions from third parties (such as terms of use presented by an electronic filing ser vice provider) and all such terms or conditions are deemed to be terms from a Third Party Ser vice (as defined below). You acknowledge that if you choose to use Clio File, you are responsible for complying with any applicable Third Party Ser vice terms and you agree to review such terms prior to accessing or using Clio File. To the maximum extent permitted by applicable law, Themis has no obligations or liability for: (i) portions of the electronic filing process that are managed by third parties, such as electronic filing service providers and the applicable court system; and (ii) any information that you provide, or authorize Themis to provide, to any third party, or the collection, use or disclosure of such information by any third party, in connection with any electronic filing submitted through Clio File. You will have the opportunity to review applicable pricing before you make an electronic filing submission through Clio File and applicable fees for each submission will be charged to your credit card on file with Themis. 16. Miscellaneous 16.1 Technical support and training are available to Authorized Users with active subscriptions, and is available by telephone, email or electronic support ticket, as defined at support.clio.com/home and in Exhibit A. 16.2 Subscriber acknowledges and agrees that Themis may use third party vendors and hosting partners to provide the necessar y hardware, soware, networking, storage, and related technology required to run the Ser vice. 16.3 The Ser vices may allow you to access or use or integrate with third party providers of products and ser vices (“Third Party Ser vices”). Such Third Party Services are not “Services” under this Agreement and are not subject to any terms related to Services, including related warranties, indemnities, service commitments or other obligations . The availability of any Third Party Services through the Services does not imply Themis’s endorsement of or 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/14/17787 affiliation with the provider. Access to and use of any Third Party Ser vices are subject to the separate terms and conditions required by the providers of the Third Party Ser vices. Themis does not control the Third Party Services and will have no liability to Subscriber in connection with any Third Party Service. Themis has no obligation to monitor or maintain any Third Party Ser vice and may replace, disable or restrict access to any Third Party Ser vice or cancel related integrations at any time, without notice. The calculation of downtime pursuant to Exhibit A does not include the unavailability of any integration to a Third Party Service. BY USING OR ENABLING ANY THIRD PARTY SERVICE, SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT ANY LIABILITY AND REMEDIES RELATED TO A THIRD PARTY SERVICE IS WHOLLY GOVERNED BY THE APPLICABLE THIRD PARTY  AGREEMENT AND THEMIS DISCLAIMS ALL LIABILITY RELATED TO SUCH THIRD PARTY SERVICE. 16.4 Subscriber acknowledges the risk that information and the Content stored and transmitted electronically through the Service may be intercepted by third parties. Subscriber agrees to accept that risk and will not hold Themis liable for any loss, damage, or injury resulting from the interception of information. The Content is stored securely and encr ypted. Only Themis, with strict business reasons, may access and transfer the Content and only to provide Subscriber with the Service. Themis will make reasonable efforts to provide notice to Subscriber prior to such access and transfer. Themis’ actions will comply with its obligations under Sections 4 and 5 of this Agreement. 16.5 The failure of either party to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 16.6 This Agreement constitutes the entire agreement between Authorized Users and Themis and governs Authorized Users use of the Service, superseding any prior agreements between Authorized Users and Themis (including, but not limited to, any prior versions of this agreement). 16.7 Themis reserves the right to amend this Agreement. In the event of material changes to the Agreement, Themis will notify Subscribers, by email, or by other reasonable means of these changes prior to their enactment. Continued use of the Ser vice by the Subscriber aer reasonable notice will be considered acceptance of any new terms. 16.8 Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety without consent of the other party in connection with a merger, 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/15/17788 acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by all of the terms of this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this Section shall be void and of no effect. 16.9 Governing Law and Venue. 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(Clio) | 300 - 4611 Canada Way, Burnaby, BC V5G 4X3 About Us •Our Mission •Leadership •Careers •News & Press Region 7/30/24, 11:15 AM Terms of Service | Clio https://www.clio.com/tos/17/17790 791 792 City of Boynton Beach Agenda Item Request Form 6.L Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-205- Adoption of the 2024-2029 Strategic Plan for the City of Boynton Beach. Requested Action: Staff recommends approval of Proposed Resolution No. R24-205. Explanation of Request: The City retained Lyle Sumek Associates, Inc., to create the City's 2024-2029 Strategic Plan. The City Commission has held several public meetings/workshops regarding the Strategic Plan to ensure that allocation of City resources aligns with the needs of the community, the policies of the City Commission, and the initiatives and projects City staff is working on. How will this affect city programs or services? The Strategic Plan serves as "guard rails" to ensure that City resources are utilized in alignment with the policies and priorities outlined in the plan. Fiscal Impact: The process of Strategic Planning allows Commissioners and City staff to understand the fiscal impact of the strategic Planning process and how it affects the overall budget. Strategic Planning provides a detailed outline of carrying out the business of the City. Actual fiscal savings and impact will be determined through review and analysis in subsequent budget cycles. Attachments: R24-205 Agenda_Item_2025-2023_Resolution_for_2024-2029_Strategic_Plan_Adoption.docx Boynton Beach 240803 LGWD Strategic Plan 2024-2029-2039 FINAL DRAFT LJS 8-27- 24.pdf 793 RESOLUTION NO. R24-2051 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 2 FLORIDA, ADOPTING THE 2024-2029 STRATEGIC PLAN FOR THE CITY OF BOYNTON 3 BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.4 5 WHEREAS,the City retained Lyle Sumek Associates, Inc., to create the City's 2024-20296 Strategic Plan; and7 WHEREAS, the City Commission has held several public meetings and workshops 8 regarding the Strategic Plan to ensure that the allocation of City resources aligns with the needs 9 of the community, the policies of the City Commission, and the initiatives and projects of City 10 staff; and11 WHEREAS,the Strategic Plan serves to ensure that City resources are utilized in alignment 12 with the policies and priorities outlined in the plan; and13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 14 recommendation of staff, deems it to be in the best interest of the City residents to adopt the 15 2024-2029 Strategic Plan for the City of Boynton Beach.16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 17 BEACH, FLORIDA, THAT: 18 SECTION 1.Each Whereas clause set forth above is true and correct and incorporated 19 herein by this reference.20 SECTION 2.The City Commission of the City of Boynton Beach, Florida, hereby adopts21 the 2024-2029 Strategic Plan for the City of Boynton Beach, attached hereto and incorporated 22 herein as “Exhibit A.”23 794 SECTION 3.This Resolution shall take effect as provided by law.24 PASSED AND ADOPTED this _____________ day of ______________________________ 2024.25 CITY OF BOYNTON BEACH, FLORIDA26 YES NO27 Mayor – Ty Penserga __________28 29 Vice Mayor – Aimee Kelley __________30 31 Commissioner – Angela Cruz __________32 33 Commissioner – Woodrow L. Hay __________34 35 Commissioner – Thomas Turkin __________36 37 VOTE ______38 ATTEST:39 40 ___________________________________________________________41 Maylee De Jesús, MPA, MMC Ty Penserga42 City Clerk Mayor43 44 APPROVED AS TO FORM:45 (Corporate Seal)46 47 _______________________________48 Shawna G. Lamb49 City Attorney50 795 STRATEGIC PLAN 2024 2029 2039 Boynton Beach, Florida August 2024 Lyle Sumek Associates, Inc. E-mail: sumekassoc@gmail.com 411 N. New River Drive E502 Phone: (386) 246-6250 Ft Lauderdale, FL 33301 796 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 Table of Contents Strat Strategic Planning Model for City of Boynton Beach 1 Boynton Beach Vision 2039 3 Boynton Beach City Government: Mission 9 Boynton Beach Plan 2024 – 2029 14 Boynton Beach City Action Agenda 2024 – 2025 34 This report and all related materials are copyrighted. This report may be duplicated for distribution to appropriate parties as needed. No unauthorized duplication is allowed, including for use in training within your organization or for consulting purposes outside your organization. All requests for duplication must be submitted in writing. 797 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 1 STRATEGIC PLAN MODEL for BOYNTON BEACH 798 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 2 Strategic Plan Model for City of Boynton Beach Value-based principles that describe the preferred future in 15 years VISION Destination “You Have Arrived” Strategic goals that focus outcome-based objectives and potential actions for 5 years PLAN Map “The Right Route” Focus for one year – a work for Mayor and City Commission, management agenda for staff; major projects EXECUTION Itinerary “The Right Direction” Principles that define the responsibility of City government and frame the primary services – core service businesses MISSION Vehicle “The Right Bus” Personal values that define performance standards and expectations for employees CORE BELIEFS Fuel “The Right People” 799 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 3 BOYNTON BEACH VISION 2039 800 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 4 Boynton Beach Vision 2039 BOYNTON BEACH 2039 is a SAFE COMMUNITY (1) and BEAUTIFUL COMMUNITY (2) BOYNTON BEACH 2039 has vibrant destinations – CONGRESS DISTRICT (3), DOWNTOWN/CULTURAL DISTRICT(4), and OTHER POTENTIAL DISTRICTS (5). BOYNTON BEACH 2039 is LIVABLE COMMUNITY FOR ALL (6) with FUN EXPERIENCES FOR ALL – RESIDENTS AND GUESTS (7) and STRONG AND DIVERSE LOCAL ECONOMY (8) 801 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 5 Boynton Beach Vision 2039 PRINCIPLE 1 SAFE COMMUNITY  Means 1. All residents feeling safe and are secure – in their homes and throughout our Boynton Beach community 2. Active community policing culture and programs – police knowing and collaborating with the community, and positive working relationship based upon trust with residents and businesses 3. Timely and well-equipped response to all emergency calls for service 4. Community-wide visible Police presence throughout our Boynton Beach community 5. Top-quality public safety staffing, buildings, equipment and apparatus and training – staffing at authorized strength 6. Safe homes, buildings and construction sites complying with City codes and regulations 7. Access to quality mental health services and programs from public awareness, to initial response and to follow-through programs 8. Reduced juvenile criminal activity through an effective juvenile justice system and recreational programs focusing on our youth, including cadet programs and Explorers 9. Community reputation as “tough” on crime from quick apprehension to prosecution PRINCIPLE 2 BEAUTIFUL COMMUNITY  Means 1. Positive first impression through attractive, well-designed and well-maintained streets, medians, sidewalks, streetscapes and landscaping both public and private 2. Attractive and well-maintained parks throughout our Boynton Beach community 3. Minimal vacant lots and blighted properties, buildings and homes in our Boynton Beach community through a successful and effective CRA 4. Well-lighted streets, neighborhoods and major highway corridors throughout our Boynton Beach community 5. Clean Boynton Beach community without litter, trash or garbage 6. Colorful and vibrant planting – trees, flowers and shrubs, including use of native Florida plants 7. Distinctive-designed, well-maintained gateways and entrances with unique marquee signs I-95 and Federal Highway 8. HOA’s and property owners – businesses and home owners taking responsibility to beautify, to maintain and to clean landscaping, fencing and sidewalks 802 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 6 PRINCIPLE 3 CONGRESS DISTRICT  Means 1. Variety of arts, culture and entertainment venues and businesses providing experiences creating a destination for our residents and regional visitors 2. Educational presence with major university/college/trade schools offices serving the needs of our residents 3. Well-designed, well-maintained greenspace for events, festivals, community gatherings 4. Major Community Center/Park and Recreational Facility serving the needs of residents in west Boynton Beach area 5. Unique multi-experiences venue with a variety of activities drawing residents and outside guest 6. Easy movement to and within the District through effective traffic management system, and alternative mobility modes 7. Variety of housing options for young, adults and seniors including town homes, condos, apartments and single- family homes 8. Vertical, mixed-use developments with retail/restaurants/offices and residential opportunities along our corridors PRINCIPLE 4 DOWNTOWN/CULTURAL DISTRICT  Means 1. Walkable and pedestrian friendly with wide sidewalks 2. Bars and entertainment businesses for adults providing variety of day-time and evening experiences 3. Convenient and easy access and parking 4. Effective City infrastructure to protect the District from flooding and to minimize the impacts of King Tides 5. Major full-service hotel with amenities 6. Nationally recognized arts destination with kinetic art throughout our Boynton Beach community 7. Expanded commercial development along our waterfront 8. Mangroves protected with expanded public access and recreational opportunities 803 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 7 PRINCIPLE 5 OTHER POTENTIAL DISTRICTS  Means 1. Medical District 2. Marina District PRINCIPLE 6 LIVABLE COMMUNITY FOR ALL  Means 1. Well-maintained neighborhood infrastructure – streets, water, sewer and sidewalks 2. Choice of quality and affordable housing for families and individuals, including senior housing, including affordable housing options 3. Easy mobility throughout Boynton Beach with residents using a variety of modes 4. Residents taking pride and ownership in Boynton Beach community and in their neighborhood 5. “A” rated public schools – a reason for living in Boynton Beach 6. City and sponsored community events and festivals that bring our diverse community together 7. Traffic calming throughout our neighborhoods to reduce speeding 8. Neighborhood sustainability programs and activities for existing neighborhoods and new developments 9 9. Residents actively involved and participating in the Village and neighborhood governance processes 804 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 8 PRINCIPLE 7 FUN EXPERIENCES FOR ALL – RESIDENTS AND GUESTS  Means 1. Access to beach with amenities 2. Active fishing community with tournaments and recreational experiences 3. Diverse, expanded and active recreational programs and activities for all generations that are responsive to our community’s needs 4. Access to the natural and open space areas for the enjoyment of our residents 5. Well-designed, well-maintained and upgraded diverse parks and playgrounds with a variety of venues/amenities 6. Specialty parks and park venues – skate park, dog park, splash pad, pickle ball, etc. 7. Top-quality, well-maintained municipal golf course with new clubhouse and 3-6-hole practice facility 8. Tennis Center serving the needs of our residents 9 9. Variety of community events and festivals attracting our residents and regional guests PRINCIPLE 8 STRONG AND DIVERSE LOCAL ECONOMY  Means 1. Higher median income for our residents through expanded business and opportunities 2. Home to a major corporation regional offices/headquarters 3. High-quality, locally owned and national restaurants and entertainment-based businesses 4. Variety of quality major hotels with amenities 5. University and college presence and top-quality programs 6. Trading school with career-oriented programs and opportunities for our residents 7. Culture of supporting entrepreneurial spirit and business development 8. Sports tourism destination for local and regional tournament 9 9. Modern office space options for businesses, including co- work space, Class “A” and new, modern office suites 805 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 9 BOYNTON BEACH CITY GOVERNMENT OUR MISSION 806 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 10 Boynton Beach City Government Our Mission OUR BOYNTON BEACH CITY GOVERNMENT MISSION is to act in a FINANCIALLY RESPONSIBLE AND SOUND MANNER (1) as we provide CORE MUNICIPAL SERVICES (2) , QUALITY OF LIFE SERVICES (3) and PLAN AND INVEST IN THE FUTURE (4) through a HIGH PERFORMING CITY TEAM (5) and ENGAGED BOYNTON BEACH COMMUNITY (6). 807 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 11 Boynton Beach City Government Our Mission PRINCIPLE 1 FINANCIALLY RESPONSIBLE AND SOUND  Means 1. Deliver City services in the most cost effective and efficient manner 2. Have stable revenue streams to fund City government through diverse revenue sources 3. Have clean financial audits 4. Have adequate resources to support defined City services and levels of service 5. Evaluate, adjust and eliminate City services responsive to changing community and resident’s needs 6. Develop new and innovative programs to reduce costs 7. Have fund balances and reserves consistent with national standards and Boynton Beach city policies 8. Leverage City resources through community partnerships, grants and outside funding sources 9. Maintain appropriate cash reserves consistent with defined City policies PRINCIPLE 2 CORE MUNICIPAL SERVICES (Public Safety, Utilities, Sanitation, Streets)  Means 1. Provide essential municipal services responsive to our Boynton Beach community values and needs 2. Hire, develop and retain a top-quality and diverse City workforce 3. Make City services easy and convenient for our residents 4. Continuously evaluate and improve City policies, systems and processes 5. Use appropriate information technology to better serve our Boynton Beach community, including online City service delivery 6. Know “best practices” and apply to Boynton Beach City Government service delivery and process improvements 7. Develop a reputation and receive awards for City organization and service “excellence” 8. Provide fair, equitable and consistent City services, processes and enforcement 9. Have accredited departments that meet and are exceeding national standards 808 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 12 PRINCIPLE 3 QUALITY OF LIFE SERVICES (Arts, Culture, Library, Parks, Recreation, Events)  Means 1. Provide essential municipal services responsive to our Boynton Beach community values and needs 2. Hire, develop and retain a top-quality and diverse City workforce 3. Make City services easy and convenient for our residents 4. Continuously evaluate and improve City policies, systems and processes 5. Use appropriate information technology to better serve our Boynton Beach community, including online City service delivery 6. Know “best practices” and apply to Boynton Beach City Government service delivery and process improvements 7. Develop a reputation and receive awards for City organization and service “excellence” 8. Provide fair, equitable and consistent City services, processes and enforcement 9. Have accredited departments that meet and are exceeding national standards PRINCIPLE 4 PLAN AND INVEST IN THE FUTURE  Means 1. Develop and update the Comprehensive Plan and master plans to guide future development and redevelopment 2. Have and maintain City reputation as business friendly and resident friendly regulations and processes 3. Monitor, plan and respond to changes in climate 4. Develop, update and fund an ongoing Capital Improvement Program/Community Investment Plan, including the upgrading City streets and infrastructure 5. Expand Boynton Beach local diverse economy through effective economic development and community redevelopment 6. Anticipate issues, trends, challenges and opportunities 7. Have the City – City Commission and Planning & Zoning aligned with Boynton Beach’s future direction – our Vision, Mission, Goals and Plans 8. Design future redevelopment and development projects to incorporate environmentally sustainable concepts 9. Expand City boundaries through fiscally responsible annexations 809 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 13 PRINCIPLE 5 HIGH PERFORMING CITY TEAM  Means 1. Have all City Team-elected officials, appointed officials and departments working together as a highly effective City team – respecting each other’s roles and responsibilities 2. Support creative thinking and innovative actions – a learning City organization 3. Have a City government organizational culture that empowering City employees to make decisions and take actions as they carry out their responsibilities 4. Build and maintain Management and Departmental Teams with common goals, defined roles and responsibilities and organized processes 5. Identify “best practices and applying to City government operations 6. Have training and personal/professional development programs for all City managers, supervisors and employees – full-time, part-time and seasonal 7. Develop systems and processes for recognizing and rewarding City employees for their contributions, achievements and accomplishments 8. Have timely communications for all – everyone has the same information PRINCIPLE 6 ENGAGED BOYNTON BEACH COMMUNITY  Means 1. Build positive relationships with our residents and community partners based upon mutual trust and respect 2. Inform our community (residents and businesses) in a timely, open/transparent and accurate manner using a variety of methods and platforms 3. Develop strong partnerships with community organizations, service clubs and other institutions 4. Develop an effective emergency communication system with residents and businesses 5. Develop City proactive communications mechanisms using a variety of platforms and processes 6. Listen to and strive to understand the input and feedback from the entire community – residents and businesses 7. Strengthen working partnerships with our community to welcome our diverse residents to our Boynton Beach community 810 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 14 CITY OF BOYNTON BEACH PLAN 2024 – 2029 811 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 15 City of Boynton Beach Goals 2029 Financially Sound City Government Providing Exceptional Services Sound Local Economy A Great Place to Live A Safe, Clean and Attractive Community 812 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 16 Goal 1: Financially Sound City Government Providing Exceptional Services OBJECTIVES 1. Provide a high level of City core services responsive to the needs of the entire Boynton Beach community 2. Build and maintain quality City infrastructure, facilities and equipment 3. Focus on and fund City core services and responsibilities 4. Deliver City services in an efficient, cost-effective manner 5. Leverage City resources through increases in grants and community partnerships 6. Build strong financial reserves consistent with City policies and national standards 7. Increase and diversify City revenues to support the defined services and service level, and major infrastructure projects VALUE TO RESIDENTS 1. Value for your tax dollars 2. Responsible financial management by the City 3. City employees enjoy serving you 4. User-friendly staff and processes 5. Trust and confidence in the City government 6. Reliable delivery of core City services and responsibilities 813 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 17 SHORT-TERM CHALLENGES AND OPPORTUNITIES 1. More grants and outside funding sources with the resources to “match” and manage grants 2. Aging City facilities and infrastructure with deferred projects and the need for repairs and replacement 3. Shifting its grant strategy to being more project-driven to submit more successful applications 4. Maintaining full staffing for Police and Fire 5. Transitioning to more efficient processes to support the City’s needs 6. Retention and replacement of a top-quality City workforce dedicated to serving the Boynton Beach community in a very competitive employment environment 7. Increasing operating costs: pension, healthcare, medical supplies, raw materials, fuel/energy 8. Eliminating redundancies and finding synergies to help control cost and mitigate inflationary factors 9. Developing partnerships to address community issues like mental health, homeless and human services 10. Potential CRA boundary modifications to capture fiscal/tax growth LONG-TERM CHALLENGES AND OPPORTUNITIES 1. Actions by the State of Florida impacting City finances, services, and home rule, revenue options 2. Focus on City mission and core services responsibilities 3. Having adequate staff to provide defined City services and implement City programs 4. Engaging our City employees 5. Community organizations looking to the City for major funding support 6. Recognizing/identifying/generating additional sources of revenues to offset recurring expenses (i.e., payroll/personnel services cost, technology needs, etc.) 7. Cyber and information security challenges 814 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 18 POLICY ACTIONS 2024 – 2025 1. Comprehensive City Infrastructure Top Priority Improvement Plan Upgrade: Condition Assessment, Plan Development, Funding Mechanisms and Direction 2. Independent City Auditor: Concept Top Priority Definition, Best Practices, Report with Options, Draft Charter Amendment, Direction and City Actions 3. Road Resurfacing Program Expansion: Goal High Priority – “C” Rated by 2030: Policy Goal, Direction and Funding 4. Core City Services: Comprehensive High Priority Inventory of All Services, Services Prioritization, Service Level Definition and Integration into Budget FY 25 5. Multi-Year Financial Plan Development: Plan Framework, Projections – Revenues and Expenditures, Presentation and Adoption 6. City Financial Policies: Review and Refinement 7. Community-Wide Survey/Feedback Strategy/Action Plan: Goals, Best Practices, Report with Options, Direction and City Actions POLICY ACTIONS 2024 – 2025 8. “Rainy Day” Fund Creation: Goals, Best Practices, Report with Options, Direction and Implementation Action 9. New/Expanded Revenue Source: Legal Framework, Best Practices, Report with Options, Direction and Implementation MANAGEMENT ACTIONS 2024 – 2025 1. Fire Rescue Service Contracts: Contract with Top Priority City of Gulf , Call Volume, Cost of Service, Cost Recovery Options, Report with Recommendations, Direction and Contracts Approval 2. Procurement Policy and Process Refinement Top Priority Review Current, Best Practices, Draft Refinements and Adoption 3. City Organization Restructure: Update Top Priority Reports 4. Fire Equipment Upgrades: Direction and High Priority Funding 5. Handheld Radio Replacement ($800,000): High Priority Funding Budget FY 24-25 815 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 19 MANAGEMENT IN PROGRESS 2024 – 2025 1. IAS Accreditation for the Building and Community Standards Divisions: Completion 2. Community Rating System Maintenance: Ongoing 3. Sale of Cemetery Lots: Update Sale Policy and Enforcement 4. Web-Based Cemetery Information Management System Plotbox Implementation: Completion 5. Citywide Records Management Training: Completion 6. Expired Rental License/COU Inspection Initiative: Implementation (City Clerk): Ongoing 7. CARES Program – Reserve Firefighter Program Integration: Ongoing 8. Administrative Policy Update: Completion 9. Employment Engagement Program Planning: Completion 10. City Internship Program Development: Ongoing 11. Procedures on Minor Accidents with Minimal Damage Review: Ongoing 12. Customer Journey Mapping: Completion 13. GIS Upgrades: Completion MANAGEMENT IN PROGRESS 2024 – 2025 14. Marketing Policies – Logo Use, I-95 Billboard, Video/Photos, Water Tower, Utility Inserts & Copy 15. Updated List of Current/Contacts of Neighborhood Associations: Ongoing 16. Online Photo & Video Files: Ongoing 17. City Standardization Brand/Marketing Policy and Guidebook Development: Completion 18. Internal Controls Review: Ongoing 19. AP Automation – Electronic Payment Processing and Purchase Order Automation: Completion 20. Citywide Asset Valuation: Completion 21. Water Master Plan and Feasibility Study: Completion 22. Lead and Copper Rule: Inventory Completion 23. Cybersecurity Project for the Utility: Completion 24. AssetWorks Work Order System – Capital Projects: Completion 816 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 20 MAJOR PROJECTS 2024 – 2025 1. Old Fire Station 2 Logistics and Public Safety Fleet Facility: In-progress 2. EOC Renovation-In-progress 3. East Water Treatment Plant Upgrade Projects: Completion a. Generator Replacement b. VFD Replacement c. Structural Repairs 4. Lakeside Gardens Stormwater Drainage and Water Main Improvements Project: Construction 5. Hester Center Phase One 6. New Fire Station Recall System: Funding, Order and Implementation 7. Water Quality Facility Remodel: Completion 8. Town of Hypoluxo Septic to Sewer Grant Project: Completion 9. Lift Station 410 and 414 Connection to Force Main Project: Completion 10. Lake Shore Haven Canal Culvert Repair Project: Completion and Funding 11. Master Lift Station 317 Major Rehabilitation Upgrades Project: Completion 12. Heart of Boynton Stormwater Improvement Projects: Completion (HazMat Mitigation Grant) 13. Sand Castle Neighborhood Improvements (Utilities and Public Works) Projects: Completion 14. West Water Treatment Plant Membranes and Train Replacement and Electrical & SCADA Upgrades: Completion 15. SE 1st Street – Construction Roadway Improvement Projects: Completion MAJOR PROJECTS 2024 – 2025 16. SE 36th Ave (Gulfstream Blvd) Road Rehabilitation Project: Completion 17. Fire Station #5 – Generator & Fuel Tank Replacement: In- progress 18. Street Paving (Non-ARPA) Projects: Completion 19. Fire Station 3 Design 20. Water Meter Replacement Project: Ongoing ON THE HORIZON 2025 – 2029 1. City Proactive Communication Strategy/Action Plan: Goals/Outcomes, Best Practices, Report with Options, Direction and Funding 2. City Pension: Future Funding 3. Budget Reduction Plan: Goals, Report with Options and Direction 4. Fire Equipment Upgrades: Direction and Funding Budget FY 25-26 for Self-Contained Breathing Apparatus Replacement ($1milion) 5. AssetWorks Work Order System: Parks Maintenance and Streets Maintenance 6. Resiliency Action Plan: Implementation: Update Report, Direction and City Actions 817 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 21 Goal 2: Strong Local Economy OBJECTIVES 1. Redevelop the Congress District consistent with vision and master plans 2. Develop Downtown/Cultural District through completion of five major development projects 3. Have more job opportunities for our Boynton Beach residents 4. Have a major university/college/trade school presence in Boynton Beach 5. Expand experienced-based entertainment businesses – restaurants, bars, live performances, etc. 6. Develop modern office spaces options – office suites, co- work spaces, Class “A”, internet cafes, etc. 7. Develop a vibrant Marina District VALUE TO RESIDENTS 1. Protection of property values 2. Expanded commercial tax base 3. Opportunities to work near home 4. Increase in residential options in mixed use developments 5. More reasons to live in Boynton Beach 6. Greater pride in our Boynton Beach community 818 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 22 SHORT-TERM CHALLENGES AND OPPORTUNITIES 1. Lack of quality hotels 2. Lack of higher education presence 3. Developing a vision for the future and working with different stakeholders for Mall area redevelopment 4. Enhancing Boynton Beach’s reputation as “business friendly” 5. Attracting a major corporation 6. Lack of major entertainment venue 7. Defining Boynton Beach’s vision and brand 8. Potential CRA boundary modifications to capture fiscal/tax growth 9. Developing Boynton Beach potential for sports tourism LONG-TERM CHALLENGES AND OPPORTUNITIES 1. Lack of quality Class “A” office space 2. Having a dynamic City economic development policies and programs 3. Overcoming resistance to change and new development opportunities 4. Lack of co-work space in Boynton Beach 5. Attracting high tech businesses to Boynton Beach 6. Uncertain global and national economy 7. Post-pandemic business model with employees working remotely 819 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 23 POLICY ACTIONS 2024 – 2025 1. Downtown Parking Master Plan: Top Priority Goals/Outcomes, Plan Development, Direction, City Role and Funding Mechanism 2. Grocery Store Attraction Strategy: Goal, Top Priority Direction and City Actions 3. Boutique Hotel Strategy: Problem Analysis, Top Priority Report with Options, Direction and Development Agreement 4. Waterfront Master Plan Development: High Priority Vision, Plan Development, Direction and Adoption 5. “Build Your Own Business – One-Stop High Priority Shop: Goals/Desired Outcomes, Process Review, Best Practices, Report with Options, Direction and Implementation 6. Congress District Redevelopment Plan/ High Priority Overlay: Vision, Plan Development, Overlay Establishment, Direction and City Actions 7. Marina Development: Goals/Outcomes High Priority Property Identification – Private and Public, Location Determination, Concept Design, Plan Development and Funding Mechanism POLICY ACTIONS 2024 – 2025 8. Strategic Land Acquisition: Identify Parcel, Direction and Funding 9. King Tide Action Plan” Outcomes, Best Practices, Direction and City Actions (including Sea Wall) MANAGEMENT ACTIONS 2024 – 2025 1. Downtown Projects (5): Developer-Driven Top Priority Permitting and Construction a. Town Square b. Broadstone c. Village at East Ocean d. The Pierce e. One Ocean 2. Comprehensive Plan: Review, Update and Top Priority Adoption 3. Indoor Entertainment Regulations: Review High Priority and Update 820 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 24 CRA ACTIONS 2024 – 2025 1. TIF Policy: Review and Refinement 2. Private Marina Development: Direction and City Actions 3. 2016 CRA Plan: Evaluation and Update (including Boundary Modifications) 4. 2016 CRA Plan: Evaluation and Update (including Boundary Modifications) MANAGEMENT IN PROGRESS 2024 – 2025 1. Hi-Rise Fire Requirements Ordinance: Revision and Adoption, in-progress 2. Downtown Stormwater Modeling Evaluation for Downtown Watershed and Heart of Boynton: Completion 3. Inflow and Infiltration Condition Assessment: Completion 4. Business Engagement and Outreach: Ongoing 5. Economic Development Marketing Strategy: Ongoing 6. Land Development Regulations Review and Revision: Ongoing 7. Downtown Policing Zone, Downtown Policing Unit, and Downtown Policing Initiatives Implementation: Completion 8. Minority Businesses Enterprise Program: Development 9. Small Business Grant Program : Ongoing ON THE HORIZON 2025 – 2029 1. College/University Development: Goals/Outcomes, Direction and City Actions 2. Arts District Development: Direction and Next Steps 3. Office Space Development: Goals/Outcomes, Plan Development, City Role, Direction and City Actions 4. Workforce Development Initiative: Goals, City Role, Report with Options, Direction and City Actions 5. Beach Pier: Feasibility Study: Completion, Direction and Funding Mechanism 6. New Economic Incentive Programs: Report with Options, Direction and Funding 7. Medical Overlay: Establishment 8. Seacrest Overlay: Establishment 9. Station Area District Plan: Establishment 10. Woolbright Corridor Plan: Establishment 11. Mall Redevelopment Plan: Vision, Working with Property Owners, Master Plan Development, City Role/Developer Role, Direction and City Actions 12. Citywide Economic Development Policy/ Action Plan: Development and Adoption (including City Economic Incentives) 13. Strategic Annexations: Analysis of Impacts, Report with Options, Direction and Implementation 14. Business Tax Incentive Policy/Program: Options and Direction 15. Business Grants Program: Goals/Outcomes, Best Practices, Report with Options and Funding Mechanism and Direction 16. Business Liaison Program Development: Best Practices, Report with Options, Direction and City Actions 821 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 25 Goal 3: A Great Place to Live OBJECTIVES 1. Have greater ease in mobility within Boynton Beach including East-West connectivity through expand mobility options 2. Upgrade parks, park venues and sports fields 3. Work with Palm Beach School District to improve the quality of schools and educational programs – goal: “A” rated schools 4. Develop a new park/major recreation center in west Boynton Beach 5. Develop new quality housing options – single family homes, condos, town homes, apartments 6. Becoming a walkable and bike-friendly community VALUE TO RESIDENTS 1. More choices for your leisure time within Boynton Beach 2. More housing choices within Boynton Beach 3. Ease movement within Boynton Beach 4. Convenient access to parks 5. Greater pride in Boynton Beach 6. Walkable and bikeable community 822 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 26 SHORT-TERM CHALLENGES AND OPPORTUNITIES 1. Working with Palm Beach School District to have higher rated Boynton Beach schools 2. Becoming a more walkable and bike-friendly community through Complete Streets implementation 3. Lack of downtown area/business support for events similar to surrounding cities 4. Enhancing east-west mobility options for our residents 5. Lack of beach parking 6. Working with transportation partners – FDOT and TPA – for the benefit of our Boynton Beach community 7. City Cemetery nearing capacity 8. Lack of major park/recreational venue in west Boynton Beach 9. Lack of community gathering/event space(s) in west Boynton Beach LONG-TERM CHALLENGES AND OPPORTUNITIES 1. Connection with the community as City demographics change 2. Responding to trends in leisure and recreation – pickleball, flag football, e-sports, etc. 3. Competition between recreation sports versus amateur professional sports 4. Older and deteriorating homes 5. Conflict between open space and public access and use of greenspaces 6. Expanding Cultural Center’s programming and performances 7. Lack of capacity for sports tourism 8. Partnering with schools for joint recreational uses 9. Lack of funding for parks 10. Trend: less interest in homeownership – desire for options 11. Community resistance to change 823 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 27 POLICY ACTIONS 2024 – 2025 1. Eco Park Enhancement Project: Upgrade High Priority Needs, Invasive Plan Removal, Trail Development, Report with Options, Costs and Funding, Direction and Implementation v 2. Additional Outdoor Venues for Events and Festivals: Community Needs, Location Options Identification, Report with Options and Funding Mechanism, Direction and Implementation v 3. City Marques Additional/Larger: Goals, Additional Locations, Marque Design, Report with Options, Costs and Funding, Direction and Implementation v 4. Comprehensive Mobility Plan: Goals/ Outcomes, Plan Development, Direction and City Actions, including walking, biking, golf carts, scooters, e-bikes and other mobility options v 5. Cemetery Expansion: Goal – More Grave Sites, Property Identification, Funding Mechanism and Direction v 6. Cemetery Long-Term Plan Development: Goals/Vision, City Role, Best Practices, Report with Options, Direction and Funding Mechanism v 7. City Branding/Marketing Program – Showcasing Boynton Beach: Best Practices, Report with Options, Direction and Funding Mechanism v POLICY ACTIONS 2024 – 2025 8. Additional Outdoor Venues for Events and Festivals: Community Needs, Location Options Identification, Report with Options and Funding Mechanism, Direction and Implementation v 9. Parks Bond Program: Project Identification, Report with Options, Staff Capacity, Public Input and Timing, Direction and City Actions v 10. Stormwater Management and Flooding Reduction Plan: Goals, Plan Development, Project, Funding Mechanism and Direction 11. Senior Center Upgrade: Needs Assessment, Report with Options, Costs and Funding, Direction and Implementation 12. Speed Limits with Palm Beach County: Review, Report and Direction 824 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 28 MANAGEMENT ACTIONS 2024 – 2025 1. Park/Playground Equipment Inventory and Top Priority Replacement Schedule: Development and Funding Mechanism 2. Artificial Coral Reef Project: Grant Funding High Priority and Completion MANAGEMENT IN PROGRESS 2024 – 2025 1. Arts and Cultural Center/Library Outside Building Signage 2. Amphitheater Rentals – Revenue Generating Policies 3. Community Event Committee: Initiation 4. “Helping Seniors” Program: Creation 5. Golf Course Maintenance Equipment Replacement: Completion 6. Park Ranger Informational Program: Completion 7. Wi-Fi Added to Parks: Completion 8. Recreation Programs & Events Expansion at Neighborhood Parks: Ongoing 9. PAL Program Expansion: Next Steps MAJOR PROJECTS 2024 – 2025 1. Woman’s Club Building Major Upgrade Projects: Completion 2. Golf: Invasive Trees Removal: Completion (State Mandate) 3. Water Pump for Golf Course Irrigation Repairs: Completions 4. Ezell Hester Sports Complex Facility Project: Construction Completion 5. Eco Park Development: Award and Construction Completion 6. Arts/Cultural Center Auditorium Project: Completion 7. Little League Park Renovations Project Phase 2: Completion 8. Little League Park Privacy Wall Project: Completion 9. Traffic Calming Policy/Projects: Completion 825 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 29 ON THE HORIZON 2025 – 2029 1. Comprehensive Traffic Management Study/Plan: Assessment, Report with Options and Projects, Direction and Funding Mechanism 2. Boynton Beach Identity and Brand: Definition and Marketing Plan 3. Additional Playground for All Abilities: Direction and Funding 4. Homeless Strategy/Action Plan: Goals/Outcomes, Best Practices, Report with Options, Direction, City Role/Partners and City Actions 5. Pickleball Court Expansion: Community Need, Locations, Report with Options, Direction and Funding 6. Street and Streetscape Maintenance Enhancement – South of MLK: Outcomes, Report with Options, Costs and Funding, Direction and Implementation (New) 7. Federal Highway Bike Lanes: Goal – Bike- Friendly Community, Direction and City Actions (with FDOT) 8. Boynton Beach Prominent Citizens Recognition and Contributions: Goals/Outcomes, Best Practices, Report with Options, Direction and Program Initiation (OTH) 9. Park Maintenance Enhancement: Service Level Definition, Staffing Needs, Report with Options and Funding, Direction and Implementation 826 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 30 Goal 4: A Safe, Clean and Attractive Community OBJECTIVES 1. Have residents feeling safe – any place within Boynton Beach 2. Have welcoming and distinctive entrances to Boynton Beach – “positive first impression” 3. Have a low crime rate 4. Have a clean community – no trash, litter or garbage 5. Have attractive medians, streetscapes and landscaping both public and private VALUE TO RESIDENTS 1. Feeling safe anywhere in our Boynton Beach community 2. Protection of property values 3. Greater pride in our Boynton Beach community 4. Timely and appropriate response to an emergency call for service 5. You know when you are home in Boynton Beach 6. Trust in your Police Department 827 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 31 SHORT-TERM CHALLENGES AND OPPORTUNITIES 1. Increasing the attractiveness of our entrances to Boynton Beach – I-95 and Federal Highway 2. Massive reductions and shortages of people entering and choosing careers in Police and Fire 3. Implementing our Real Time Crime Center and being able to integrate with our current and new systems 4. Enhancing street lights to reduce dark areas in our Boynton Beach community 5. Aging Fire Station 3 needing rebuild or replacement 6. Involving our residents and City funding for community cleanup and trash removal 7. Increasing use of technology to create a safer community – LPR, community cameras, drones, speed bumps, etc. 8. Increasing criminal activities and violent crimes from our residents and outside forces LONG-TERM CHALLENGES AND OPPORTUNITIES 1. Community culture of throwing trash and littering our community 2. Expanding PAL programs 3. Addressing the homeless situation and minimizing the negative impacts on our Boynton Beach community 4. Lack of mental health programs and services responsive to the needs of our Boynton Beach community 5. Having residents and businesses understanding and sharing responsibilities to create a safe and attractive Boynton Beach community 6. Having the courage and support to enforce current City codes and regulations 7. Having safe buildings and homes 8. Increasing costs and production delays for the goods and services needed to run the Citywide 9. Having effective prosecution of criminals 828 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 32 POLICY ACTIONS 2024 – 2025 1. Comprehensive City Beautification Plan Top Priority Development: Goals/Outcomes, Best Practices, Report with Options – Projects/Programs, Costs and Funding, Direction and Implementation Steps 2. Crime Reduction Action Plan: Targeted Top Priority Goal Definition, Problem Analysis/Root Causes, Report with Options and Action Plan with Steps 3. Major Corridor Beautification Plan: High Priority Goals/Outcomes, Report with Options, Direction and City Actions 4. Real Time Crime Center Activation: High Priority Staffing, Funding and Implementation 5. Comprehensive Street Light Policy and High Priority Requirements: Goal – Better Lighting, Policy and Requirements Review, Report with Options, Costs and Funding, Direction and Implementation Plan 6. Entrances Signs Plan: Goals/ High Priority Outcomes, Design, Locations, Direction and Funding Mechanism POLICY ACTIONS 2024 – 2025 7. Juvenile Crime Reduction Program: Goals/Outcomes, Best Practices, Direction and City Actions (\ 8. New and Emerging Sports Venues and Programs: Community Needs, Best Practices, Community Needs Assessment, Report with Options, Costs and Funding, Direction and implementation Steps 9. City Mural Policy and Programs: Goals Definition, Best Practices, City Role, Report with Options, Direction and Implementation Steps 829 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 33 MANAGEMENT ACTIONS 2024 – 2025 1. “Re-Imagining Policing” Project: Top Priority Development and Implementation (with Robust Training Programs and Incorporating Community Policing Concepts) 2. Beautification Division Creation: Direction, Top Priority Funding, Mission Definition and Work Program for 1st Year 3. Art Projects in 2023-24: Plan Development High Priority and Completion MANAGEMENT IN PROGRESS 2024 – 2025 1. Lien Amnesty Program: Development 2. ISO Rating Review: Ongoing 3. CIT Trained and Certified: Completion 4. Community Cleanup Program: Ongoing 5. Community Cameras: Ongoing 6. Clean Sidewalk Program: Ongoing 7. Community Planting Program: Ongoing MAJOR PROJECTS 2024 – 2025 1. Public Safety Dock Project at Oyer Park: In-progress 2. Radio Tower Replacement: Completion 3. Street Lights Replacement Program: Ongoing ON THE HORIZON 2025 – 2029 1. Community Policing Action Plan: Goals/Outcomes, Best Practices, Report with Options, Direction, Funding and City Actions (Remove) 2. U.S. 1 Lighting Plan: Report with Options, Direction, Funding and City Actions 3. Neighborhood/HOA Accountability Plan: Direction and City Actions (related to public safety issues/concerns) 4. School Zone Cameras Implementation: Update Report and Next Steps 5. Neighborhood Beautification Project: Goals/Outcomes, Best Practices, Report with Options, Direction and Funding 6. Undergrounding Utilities: Goals Definition, Plan with Costs Development, Funding Mechanism and Direction 7. Crime Prevention Through Environmental Design [CPTED) for Boynton Beach: Goals Definition, Best Practices, Report with Options, Costs and Funding, Direction and Implementation Steps 8. Bus Stops with Trash Cans: Goal, Report with Options, Direction, Funding and Implementation 9. Holiday Light Electrical Outlets: Outcomes, Options, Direction, Funding and Installation 10. Power Pole Color – Teal: Goals, City Role, Direction and City Next Steps 830 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 34 CITY OF BOYNTON BEACH ACTION AGENDA 2024 – 2025 831 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 35 City of Boynton Beach Policy Agenda 2024 – 2025 TOP PRIORITY Comprehensive City Infrastructure Improvement Plan Upgrade: Condition Assessment, Plan Development, Funding Mechanisms and Direction Independent City Auditor: Concept Definition, Best Practices, Report with Options, Draft Charter Amendment, Direction and City Actions Downtown Parking Master Plan: Goals/Outcomes, Plan Development, Direction, City Role and Funding Mechanism Grocery Store Attraction Strategy: Goal, Direction and City Actions Boutique Hotel Strategy: Problem Analysis, Report with Options, Direction and Development Agreement Comprehensive City Beautification Plan Development: Goals/Outcomes, Best Practices, Report with Options –Projects/Programs, Costs and Funding, Direction and Implementation Steps Crime Reduction Action Plan: Targeted Goal Definition, Problem Analysis/Root Causes, Report with Options and Action Plan with Steps 832 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 36 HIGH PRIORITY Road Resurfacing Program Expansion: Goal– “C” Rated by 2030: Policy Goal, Direction and Funding Core City Services: Comprehensive Inventory of All Services, Services Prioritization, Service Level Definition and Integration into Budget FY 25 Waterfront Master Plan Development: Vision, Plan Development, Direction and Adoption “Build Your Own Business – One-Stop Shop: Goals/Desired Outcomes, Process Review, Best Practices, Report with Options, Direction and Implementation Congress District Redevelopment Plan/ Overlay: Vision, Plan Development, Overlay Establishment, Direction and City Actions Marina Development: Goals/Outcomes Property Identification – Private and Public, Location Determination, Concept Design, Plan Development and Funding Mechanism Eco Park Enhancement Project: Upgrade Needs, Invasive Plan Removal, Trail Development, Report with Options, Costs and Funding, Direction and Implementation Major Corridor Beautification Plan: Goals/Outcomes, Report with Options, Direction and City Actions Real Time Crime Center Activation: Staffing, Funding and Implementation Comprehensive Street Light Policy and Requirements: Goal – Better Lighting, Policy and Requirements Review, Report with Options, Costs and Funding, Direction and Implementation Plan Entrances Signs Plan: Goals/ Outcomes, Design, Locations, Direction and Funding Mechanism 833 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 37 City of Boynton Beach Management Agenda 2024 – 2025 TOP PRIORITY Fire Rescue Service Contracts: Contract withy of Gulf , Call Volume, Cost of Service, Cost Recovery Options, Report with Recommendations, Direction and Contracts Approval Procurement Policy and Process Refinement: Review Current, Best Practices, Draft Refinements and Adoption City Organization Restructure: Update Reports Downtown Projects (5): Developer-Driven Permitting and Construction – Town Square, Broadstone, Village at East Ocean, The Pierce, One Ocean Comprehensive Plan: Review, Update and Adoption Park/Playground Equipment Inventory and Replacement Schedule: Development and Funding Mechanism Re-Imagining Policing” Project: Development and Implementation (with Robust Training Programs and Incorporating Community Policing Concepts) Beautification Division Creation: Direction, Funding, Mission Definition and Work Program for 1st Year 834 Strategic Plan 2024 – 2029 – 2039/Mayor and City Commission, Boynton Beach, Florida Copyright © 2024: Lyle Sumek Associates, Inc. Project 240803 38 HIGH PRIORITY Fire Equipment Upgrades: Direction and Funding Handheld Radio Replacement ($800,000): Funding Budget FY 24-25 Indoor Entertainment Regulations: Review and Update Artificial Coral Reef Project: Grant Funding and Completion Art Projects in 2023-24: Plan Development and Completion 835 City of Boynton Beach Agenda Item Request Form 6.M Consent Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Commission Meeting Minutes. Requested Action: Approve minutes from the August 6, 2024 City Commission Meeting. Explanation of Request: The City Commission met on August 6 , 2024, an d 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: August 6, 2024 City Commission Minutes.docx 836 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, August 6, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Andrew Mack, Deputy City Manager Vice Mayor Aimee Kelley Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk Commissioner Woodrow L. Hay Commissioner Thomas Turkin 1.Agenda Items A.Call to Order –Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesús 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 Thomas Turkin. The Pledge of Allegiance was led by Commissioner Turkin. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Turkin spoke about the Strategic Plan and recommended selecting and focusing on one goal. He mentioned the mall and the possibility of what will go there, and he wanted to see what was attainable within the City purview. He stated that he was looking forward to working on the Strategic Plan and gathering more public input. He requested to add a proclamation for Animal Welfare Month to the October 1st meeting. Commissioner Hay stated that he agreed about the Strategic Plan and that we really need to get our goals and strategies and priorities straight. Vice Mayor Kelley asked to move the American Cancer Society Proclamation before the closed-door session. There was consensus to move it before the session. 837 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 2 Vice Mayor Kelley stated that it was important to reflect on everything the City Commission had accomplished. She spoke about the goals they had completed, and wanted residents to understand what had been done, emphasizing that the Commission had not merely sat on the dais, but had prioritized the residents. She agreed that they needed to identify one attainable goal. She asked for a status update on the mall. Commissioner Cruz stated that she agrees that they have done a lot of great things for residents during their time on the Board. She thanked the staff that helped her prepare for her recent Town Hall. She requested that attachments from an email regarding Item 6B be printed out while they are in Shade Session. She asked to have the announcement regarding the book from our resident, Tevin Ali, added to the next agenda meeting as well. Mayor Penserga stated that he wanted to bring up two administrative items: community support funds and a discussion regarding a schedule change to the August 20th meeting. There was consensus to discuss both items under Administrative. Commissioner Cruz stated that during the budget hearings and during July 16 Commission Meeting, she requested information regarding water rates. She has since received the information and would like to have a discussion at the second August City Commission Meeting. Commissioner Turkin stated that the Harvey Oyer discussion would be on the second meeting in August, but would like to know what is on the September meeting so that there are not too many discussions. 2. Adoption Motion: Commissioner Turkin moved to approve the agenda, as amended. Vice Mayor Kelley seconded the motion. The motion passed unanimously. B.Closed Attorney-Client Shade Meeting- In accordance with section 286.011(8), Florida Statutes, the City of Boynton Beach Commission will hold a Closed Attorney-Client Shade Meeting to discuss Boynton Beach Little League d/b/a East Boynton Beach Little League v. City of Boynton Beach, Case No. 502024CA000517XXXAMB. City Attorney Lamb read the Closed Shade Meeting notice into the record. 838 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 3 The City Commission recessed to Closed Door at 6:22 P.M. The City Commission reconvened at 7:15 P.M. 2.Other A.Informational items by the Members of the City Commission. There were none. 3.Announcements, Community and Special Events and Presentations A.Proclamation- National Breast Cancer Awareness Month and National Mammography Day. Item 3A was heard directly following the agenda approval. Mayor Penserga read the proclamation into the record. Ms. Lindsay Bennett thanked the Commission for the opportunity to speak and provided an overview of the events scheduled for August and October. 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) Mayor Penserga opened public comments. Susan Oyer expressed concerns about Code Enforcement, alleging that they were harassing neighborhood residents regarding their yards. She emphasized that she would continue to raise this issue. She discussed the topic of artificial turf. Wing Ho spoke about his property being taken away by the City of Boynton Beach without notice. He discussed the property fines and liens, as well as the significant expenses he has incurred. He stated that his property was demolished, and the belongings within it were taken. Tory Orr raised concerns about a DUI case, asking if there was a final decision on the matter. He mentioned a school drive they are hosting from 6 PM to 8 PM and requested a Commissioner to attend. He also announced that the Bulldogs will be playing this weekend and invited the Commissioners to come out and support the kids. He shared that he is 839 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 4 running for Mayor and intends to do so with the support of the community. Karen Ho expressed concerns about her property being taken away through a code enforcement case and liens. She requested that everything be returned to her. Tevin Ali discussed a children’s book he published this past weekend. He also shared his family’s history and their migration to Boynton Beach, for a better life. Commissioner Cruz asked if an announcement about the book could be made at the next meeting. Wesley Schuyler spoke about a food truck owned by his cousin and licensed by the State, stating that Boynton Beach Police informed his cousin that he could not serve food, and that Code Enforcement later shut the operation down. He mentioned that the CRA had called his cousin to be a vendor for their event, but he was still unable to serve food. He inquired about the DUI case and the HR employee who was terminated. There was one virtual comment. Mike Taylor spoke about an ordinance regarding panhandling, and his YouTube channel. Mayor Penserga closed public comments. 5.Administrative A.Advisory Board Appointments. Commissioner Turkin noted that he had a good conversation with Andrea Rodriquez. Motion: Commissioner Turkin moved to approve Andrea Rodriguez as a Regular Member of the Historic Resources Preservation Board. Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Commissioner Cruz moved to approve Louise Farrell as a Regular Member of the Senior Advisory Board. Vice Mayor Kelley seconded the motion. The motion passed unanimously. B.Community Support Funds –Mayor Penserga 840 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 5 Item 5B was added to the agenda. Mayor Penserga requested to equally allocate $6,000 ($500 each) of his Community Support Funds be contributed to the Girl Scouts, East Boynton Little League, Boynton Strong, Heart of Boynton, Xcel, Boynton Beach Bulldogs Connect to Greatness, Healthier Boynton Beach, Boynton Beach Historical Society, Rhonda’s Promise, Delta Sigma Theta First Time Homebuyers Program, and Inner City Youth Golfer’s Association. Motion: Commissioner Cruz moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. C.Discussion regarding changing the date of the second Commission meeting in September. Mayor Penserga asked that August 20th be combined with September 3rd or August 27th. Commissioner Cruz said that she would prefer to reschedule, if possible, as there were a lot of things on the consent agenda. She said that she would be okay with the August 27th. Vice Mayor Kelley said that she would be here, and the meeting could go on with four of them present. She mentioned that the agenda review would have to be moved because they would be at the Florida League of Cities conference. She said that they might be better off rescheduling to August 27th. Deputy City Manager Mack Andrew suggested September 3rd or leaving it on August 20th and have the agenda meeting on August 14th. Commissioner Hay said that there would only one person missing, so he would like to keep it on August 20. There was discussion regarding the dates for agenda review. Commissioner Turkin stated that he would like to have it on the August 20th. He said that maybe they do the normal agenda review that week and continue with the agenda reviews in person in September. There was consensus to have the individual agenda reviews and stick with the 841 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 6 August 20th City Commission Meeting. 6.Consent Agenda A.Budget Status Report for FY2023 -2024 thru December 2023 & March 2024 (unaudited). B.Proposed Resolution No. R24-164-Amend General Fund-Beautification and Streets Operational Budget from $1,672,635 to $1,812,635 by utilizing $140,000 of the fund balance to perform pressure wash/cleaning services on roadways, sidewalks, and medians along major road corridors throughout the City. C.Proposed Resolution No. R24-165-Approve and adopt Community Development Block Grant FY 2024 Annual Action Plan. D.Proposed Resolution No. R24-166-Approve a temporary On-The-Job Training Agreement with Florida Division of Vocational Rehabilitation. E.Proposed Resolution No. R24-167-Approving a Settlement Agreement between the City and SCG Atlas Boynton I, LLC. F.Proposed Resolution No. R24-168-Approve a Master Service Agreement between the City of Boynton Beach and Gridics, LLC to provide zoning software and services in the amount of $54,000 annually for three years. G.Proposed Resolution No. R24-169-Ratifying the Amendment to the Collective Bargaining Agreement with SEIU Florida Public Services Union, CTW, CLC-White Collar Unit, to include the following job classifications in the Union's white-collar bargaining unit: Public Safety Aide I, Public Safety Aide II, and Public Safety Aide III. H.Proposed Resolution No. R24-170-Approving a Reasonable Accommodation Agreement between the City and Recreate Life Counseling Services BH, LLC for additional inpatient residential services at the Property, licensed by the Agency for Health Care Administration ("AHCA"), to provide non-addiction treatment services to persons with primary mental health disorders. I.Proposed Resolution No. R24-171-Increase to Business Interruption Coverage under the City's policy with Preferred Governmental Insurance Trust (PGIT). 842 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 7 J.Commission Meeting Minutes. Commissioner Cruz requested to pull Items 6B and 6C for discussion. Motion: Commissioner Turkin moved to approve the remainder of the consent agenda. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 6B. Proposed Resolution No. R24-164-Amend General Fund-Beautification and Streets Operational Budget from $1,672,635 to $1,812,635 by utilizing $140,000 of the fund balance to perform pressure wash/cleaning services on roadways, sidewalks, and medians along major road corridors throughout the City. Kevin Ramsey, Public Works Director, addressed the topic of vendors, noting that two of the three vendors were not from Boynton Beach. He recommended prequalifying vendors from within Boynton Beach. Commissioner Cruz shared that while reviewing the backup documents, she noticed that the providers listed on Sunbiz were inactive in their business. She emphasized the importance of keeping business within Boynton Beach and requested that a meeting be arranged where local businesses could receive assistance from staff, with Commissioners also available to help. Vice Mayor Kelley stated that she had already voiced her concerns with staff, expressing her desire to protect residents from liability. She suggested that before shutting down any businesses, they should be asked to provide the proper documents. She added that she was excited to see this initiative move forward and requested that any issues be reported back to the Commission. Commissioner Turkin stressed the importance of being fiscally responsible and ensuring that they do not spend extra, due to a local preference. Commissioner Cruz responded by clarifying that no one was suggesting overpaying, noting that the budgeted amount would remain the same. Deputy City Manager Mack provided an overview of the existing local preference ordinance. Mayor Penserga asked for further clarification. 843 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 8 Deputy City Manager Mack to explain the procurement code, the bid process, and the idea of holding a prequalification meeting. Mayor Penserga inquired about the additional time this process would require. Deputy City Manager Mack estimated that it would add another 30 days and mentioned that they would report back to the Commission. Motion: Commissioner Cruz moved to approved Resolution No. R24-164. Commissioner Turkin seconded the motion. The motion passed unanimously. 6C. Proposed Resolution No. R24-165- Approve and adopt Community Development Block Grant FY 2024 Annual Action Plan. RJ Ramirez, Community Improvement Manager, spoke about the following: CDBG FY 2024 Annual Action Plan; Public Services Activities Recommended for Funding; Housing Activity Recommended for Funding; Other Activities Recommended for Funding; and Summary of CDBG Funding Uses FY 2024. Commissioner Cruz mentioned that there are a few local nonprofits the City supports and requested allocating funds to Pathways to Prosperity, as was done last year. Mr. Ramirez responded, stating that last year $35,000 was allocated to Pathways to Prosperity. He clarified that the current recommendations are subject to the Commission's approval, and they can make adjustments as needed. Commissioner Cruz asked if there was support for her request. Mayor Penserga expressed his agreement, stating that he thought it was a good idea and supported the allocation. Vice Mayor Kelley questioned why funds were not allocated to Pathways to Prosperity this year, if they had been in the past. Mr. Ramirez explained the process of selecting organizations for funding, including the review of scores given to each organization. Vice Mayor Kelley then inquired about the source of the funds to allocate to Pathways to Prosperity and what specific needs the other organizations were addressing. 844 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 9 Mayor Penserga asked about the possibility of using City donations to supplement the funds. Deputy City Manager Mack stated that he would need to review the available funds and their intended uses before making a determination. Commissioner Hay suggested that the research focus on the new program, acknowledging that Pathways to Prosperity has been one of the most impactful nonprofits in the community. He expressed his support for Commissioner Cruz's suggestion. Mr. Ramirez reiterated that the final decision rests with the Commissioners. Commissioner Turkin indicated that he would not object to reallocating funds from other organizations to support Pathways to Prosperity. Mr. Ramirez also discussed unused COVID-related funding, suggesting that some of these funds could be redirected to help homeless individuals. He proposed splitting the funds allocated to the Police Department’s new program, to provide additional support to Pathways to Prosperity. The Commission then discussed the possibility of utilizing funds for various organizations. Barbara Rodriguez Marrero, Victim Advocate, spoke about the nature of calls received at the Boynton Beach Police Station and the issues being addressed. Motion: Commissioner Cruz moved to approve Resolution No. R24-165, as amended to include $35K to P2P. Commissioner Hay seconded the motion. The motion passed unanimously. 7.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-172-Approving a Piggyback Agreement with The Goodyear Tire & Rubber Company for the purchase of tires and related services for the City's fleet vehicles on an as-needed basis with an annual expenditure not to exceed $400,000. B.Proposed Resolution No. R24-173-Award RFP No. PWE24-017 for "Prequalification of Contractors for Minor Construction Services" to five (5) primary contractors RPM General Contractors, Inc., Florida Palm Construction, Inc., Homrich Corp., J.I.J Construction Corp., and JFB Construction & Development, Inc., and to three (3)alternate contractors 845 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 10 Waypoint Contracting Inc., Cooper Construction &Development, LLC, and Encop Inc., in order to establish a prequalified list of contractors, approve Agreements with the awarded Contractors, and authorize the City Manager to award individual projects not to exceed $200,000. C.Proposed Resolution No. R24-174-Approve the increase of the annual expenditure with A & Associates, Inc., from $150,000 to $200,000. D.Proposed Resolution No. R24-175-Approve a First Amendment to Master License and Services Agreement with Samsara, Inc., to order global position system services and security cameras for City vehicles, and to supplement the requirements set forth in the Agreement to comply with Florida law, for an annual expenditure not to exceed $200,000. E.Proposed Resolution No. R24-176-Approving an Amendment to the Master Services Purchase Agreement with AXON Enterprise Incorporated to modify the existing purchase agreement in order to procure the equipment needed for thirteen additional Police Officer positions in an amount not to exceed $436,180.19 over a 49-month term. F.Proposed Resolution No. R24-177-Approve a five (5) year extension agreement with five (5) one-year renewals with Catalis Payments, LLC of Alpharetta, Georgia for Bill Printing, Mailing, and Electronic Bill Presentment and Payment, with an annual cost not to exceed $385,000. Motion: Vice Mayor Kelley moved to approve the Consent Bids and Purchases over $100,000. Commissioner Hay seconded the motion. The motion passed unanimously. 8.Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Ordinance No. 24-013- Second Reading- An Ordinance of the City of Boynton Beach, Florida, amending Article III of Chapter 18 of the Boynton Beach Code of Ordinances entitled Municipal Police Officers' Retirement Trust Fund amending Section 18-165 to update the definition of compensation or salary to reflect current practice; amending Section 18-169 to add 20-year retirement for members hired after October 1, 2019, who retire after October 846 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 11 1, 2024; amending Section 18-174 to update required minimum distribution age in compliance with secure act 2.0 changes; and amending Section 18-175 deferred retirement option plan to reflect change in definition of compensation or salary; providing for codification conflict, severability, and an effective date. City Attorney Lamb swore those intending to speak on Items 8A and 8B. Clerk De Jesús read the ordinance into the record. Mayor Penserga opened public comment, there was none. He closed public comment. Motion: Vice Mayor Kelley moved to approve Ordinance No 24-013, on Second Reading. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. B.Proposed Ordinance No. 24-014- First Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for a portion of an approximately .60 acre parcel of real property located at 500 northeast 21st avenue, Boynton Beach, Florida, by changing the future land use classification from medium density residential (MEDR) to local retail commercial (LRC); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Clerk De Jesús read the ordinance into the record. Gary Pearl, representative from Caldwell Banker, spoke about the following: 500 NE 21st Avenue Veterans of foreign wars; reason; action; benefits of this change; and questions. Commissioner Turkin thanked him for his service. Craig Pinder, Senior Planner, spoke about the following: future land use map and zoning map; background; proposal; and staff recommendation. Mayor Penserga opened public comment. Susan Oyer stated that this is another example of code overreaching. She said that we have a Veterinary Office next door and asked if they reached out to this business to 847 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 12 expand. Jim Ciszic stated that he is in support of this change and said that the VFW has supported the community for years. He spoke about the expansion for the VFW and said that they are willing to serve food free to the homeless Veterans in the community. Mayor Penserga closed public comment. Commissioner Turkin disclosed that he spoke with Mr. Ciszic regarding the item. Motion: Commissioner Cruz moved to approve Ordinance No 24-014, on First Reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. Proposed Ordinance No. 24-015-First Reading-An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 02-013 to rezone an approximately .60 acre parcel of real property located at 500 northeast 21st Avenue, Boynton Beach, Florida, from multi- family residential (R3) to neighborhood commercial (C2); declaring the proposed amendment to be consistent with the comprehensive plan of the City;providing for severability, conflicts, and providing for an effective date. Motion: Vice Mayor Kelley moved to approve Ordinance No 24-015, on First Reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. Vice Mayor Kelley mentioned that Sandy James has done great work and she is excited that they are here. 9.City Manager’s Report- None 10.Regular Agenda A.Proposed Ordinance No. 24-016-First Reading-An Ordinance of the City Commission of the City of Boynton Beach, Florida, approving the abandonment of portions of an existing utility easement associated with the Shoppes at Boynton Beach Development Project, located at 2202 N. 848 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 13 Congress Avenue; providing an effective date; and for all other purposes. Clerk De Jesús read the ordinance into the record. Motion: Commissioner Hay moved to approve Ordinance No 24-016, on First Reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. B.Eco Park Project status update and request for direction. Kevin Ramsey, Public Works Director, requested direction on how to proceed, explaining that the project went out to bid, but the bids returned $500K over budget. He reviewed the project's history and the options available. Mayor Penserga expressed concern, referencing the actions of the previous Board regarding the project. He noted the financial contribution from the CRA and hoped they could bridge the funding gap. Vice Mayor Kelley voiced her support for the Mayor's position, emphasizing that the City has found funding for other important initiatives in the past. She advocated for moving forward and securing the necessary funds, highlighting the importance of protecting the area, which is currently being damaged. Mayor Penserga added that he had discussed potential options with Deputy City Manager Mack, who is exploring solutions. Commissioner Cruz and Commissioner Hay both expressed their support for the project. Commissioner Turkin also supported the project,and stated that funds are not reallocated from other CIP projects. He agreed with the use of CRA funds and stressed the importance of remaining fiscal responsibility. C.Update on the City's Art in Public Places Program. Amanda Radigan, Director of Planning and Development, provided an update on the following: Public Art is now within the Planning and Development Department; Current Program; Public Art Program; Are Art in Public Places Programs Working; Rethinking What Makes Art, Art; What Benefits a Community More- Art as Utility; Art for Pedestrians; Art Improving the Ordinary; Art Providing Lighting; Art Activation; Art Incorporated; Next 849 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 14 Steps; and questions and comments. Commissioner Turkin thanked the staff for their efforts in organizing the presentation. He highlighted the cost savings for the City, resulting from high-level personnel taking on multiple roles. He expressed his approval of the plan and suggested involving the Art Advisory Board in future developments. Commissioner Hay expressed his enthusiasm for the initiative, noting that it aligns with the City’s master plan. He pointed out that many visitors are attracted to the City for its art and anticipated that the branding efforts would further enhance the City's reputation. Ms. Radigan also spoke about the City’s branding strategy. Vice Mayor Kelley mentioned that during her discussions with the staff, she sensed their excitement about advancing the project. She expressed her own eagerness to see the planned developments, particularly noting her enthusiasm for the utility covers. Commissioner Cruz thanked Ms. Radigan and praised the team's efforts, acknowledging their excellent work. Mayor Penserga emphasized the importance of keeping the Art Advisory Board involved and inquired about the Kinetic Art Event. Craig Clark, Director of Recreation and Cultural Services, provided details about the Kinetic Art Event scheduled for February 1 and 2, 2025. He discussed the company they are collaborating with, to organize the event and mentioned the involvement of various departments. D. Historic Resources and Preservations Board nominations for historic designation. Ms. Radigan spoke about the following topics: nominated historic properties; locations; designation process; and addressed questions. Mayor Penserga reiterated that while they had noticed the property owners, they had not yet received responses from them. Ms. Radigan confirmed this. Commissioner Turkin inquired about the restrictions imposed on properties if they are designated as historic. 850 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 15 Ms. Radigan explained the restrictions associated with historic property designation. Commissioner Turkin expressed his reluctance towards government-imposed designations, if the property owner did not request it. Ms. Radigan discussed the process in detail. Commissioner Turkin also mentioned some properties and potential issues that might arise. He emphasized that the initiative should be driven by the property owners. Commissioner Hay questioned how one St. John property would be selected over another, particularly if the latter is older. Ms. Radigan clarified that the selection was made by the Historic Board, not by staff. Commissioner Hay further inquired about the Board's authority over the property. Ms. Radigan detailed the Historic Board's process and its interactions with the Commissioners. Commissioner Hay expressed his concerns about additional requirements for making changes to properties. He suggested consulting property owners before proceeding further and stated he would not support the initiative at this stage. Ms. Radigan proposed reaching out to property owners, to see if they would like to initiate their own application process, rather than having the City impose it. Mayor Penserga expressed support for property owners initiating the process themselves. Vice Mayor Kelley stated that she did not support the current initiative and explained her reasons. She expressed approval of Ms. Radigan reaching out to property owners, to ensure they felt in control of the process. Ms. Radigan noted that some decisions related to the designation are outside of the City Commission's control but fall within the Land Development Regulations (LDRs). Commissioner Cruz agreed with the previous comments. Commissioner Hay mentioned that there was no binding action at this stage, only a list of properties. Ms. Radigan further discussed the process. 851 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 16 There was additional discussion regarding the process and the restrictions associated with historic properties. City Attorney Lamb stated that they needed consensus to either proceed or halt the initiative until further outreach had been conducted. David Millage, representing Mandy Matto (Andrews House), expressed strong opposition to the designation, stating that the property does not qualify for it. Commissioner Hay acknowledged that while the Historic Board’s intentions were commendable, he believed the process was flawed. He reiterated the need to reach out to property owners first. Mayor Penserga confirmed that Ms. Radigan would reach out to property owners and review the process. There was consensus hold off on the initiative until further outreach had been conducted. Motion: Commissioner Turkin moved to approve allow public comments from property owners or representatives. Commissioner Hay seconded the motion. The motion passed unanimously. 11.Future Agenda Items A.Presentation regarding the Living Shoreline project.-August 20, 2024 Requested by Commissioner Turkin. B.Discussion regarding formalized Tree Planting Program.-August 20, 2024 Requested by Mayor Penserga. C.Discussion and review of draft cleanliness plan.-September 3, 2024 Requested by Mayor Penserga. D.Discussion regarding adding a Sister City from Ireland. -September 18, 2024 Requested by Vice Mayor Kelley. E.Update on upgrades to water treatment plants to meet future drinking water regulations.-October 15, 2024 Requested by Mayor Penserga. F.Discussion regarding combining City properties together to create senior affordable housing . - TBD 852 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 17 Requested by Mayor Penserga. G. Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD Requested by Commissioner Turkin. H.Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- TBD Requested by Commission Hay. I.Discussion regarding Restrictive Covenant for Harvey Oyer Park -TBD Discussion requested by Commissioner Turkin. J.Discussion regarding Procurement Policies and Procedures, including local business preference. -TBD Requested by Mayor Penserga and Commissioner Cruz. K.Discussion regarding infrastructure, specifically paving in the City. -TBD Requested by Commissioner Turkin and Commissioner Cruz. A.Update on ARPA Funds. -TBD Requested by Mayor Penserga. B.Update on funds from the settlement with Town Square.-TBD Requested by Mayor Penserga. C.Discussion regarding additional digital signs. -TBD Requested by Commissioner Hay. D.Discussion regarding City entry way signage. -TBD Requested by Mayor Penserga. E.Discussion regarding Rapid Re-housing Program.-TBD Requested by Mayor Penserga. F.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.-TBD Requested by Commissioner Cruz. G.Discussion regarding Hazard Pay for Community Standards.-TBD Requested by Commissioner Cruz. H.Discussion regarding requirements for Advisory Board Appointments.-TBD Requested by Vice Mayor Kelley. I.Discussion regarding Artificial Turf Ordinance.-TBD Requested by Commissioner Turkin. 853 City Commission Meeting Minutes Boynton Beach, FL August 6, 2024 18 12.Adjournment Motion Commissioner Turkin moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:43 P.M. CITY OF BOYNTON BEACH ATTEST: _______________________________ Maylee De Jesús, MPA, MMC City Clerk 854 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases over $100,000 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Resolution No. R24-204- Approve the renewal of insurance policy for property, liability, auto, and workers' compensation insurance coverage with Preferred Governmental Insurance Trust (PGIT) for the policy term: October 1, 2024, through September 30, 2025. Requested Action: Staff recommends the approval of Proposed Resolution No. R24-204. Explanation of Request: If approved, this will renew insurance coverage with Preferred Governmental Insurance Trust. The renewal quote is an increase of about $98,000 compared to the current fiscal year's expense. The City's total insured value increased about 1% and the number of vehicles on our auto schedule increased about 22%. The increase in premium that we are experiencing for the new policy year is mostly due to the exposure changes with increased City assets. How will this affect city programs or services? PGIT is the current insurance provider for Property, Liability, Auto, and Workers Compensation. Approval of this item will allow the City to continue coverage for another policy year. Fiscal Impact: Total cost: $2,490,797.00 Attachments: R24-204 Agenda_Item_2081-2023_Resolution_for_PGIT_Insurance.docx Exhibit A to Resolution - 2024-08-23 - Boynton Beach - P&C and WC Evaluation 24-25.pdf 855 RESOLUTION NO. R24-2041 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING THE RENEWAL OF INSURANCE POLICY FOR PROPERTY,4 CASUALTY, AND WORKERS' COMPENSATION INSURANCE COVERAGE WITH 5 PREFERRED GOVERNMENTAL INSURANCE TRUST (PGIT) FOR THE POLICY TERM: 6 OCTOBER 1, 2024, THROUGH SEPTEMBER 30, 2025; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,Florida Municipal Insurance Trust (FMIT) is the City's insurance provider for 9 property, liability, auto, and workers' compensation insurance; and10 WHEREAS,the renewal quote is an increase of approximately $98,000 compared to the 11 current fiscal year's expense. The City's total insured value increased by approximately 1%, and 12 the number of vehicles on our auto schedule increased by approximately 22%. The increase in 13 premium that we are experiencing for the new policy year is mostly due to the exposure changes 14 with increased City assets; and15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 16 best interests of the city's citizens and residents to approve the renewal of insurance policy for 17 property, casualty, and workers' compensation insurance coverage with Preferred Governmental 18 Insurance Trust (PGIT) for the policy term: October 1, 2024, through September 30, 2025.19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 21 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 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 25 approve the renewal of insurance policy for property, casualty, and workers' compensation 26 insurance coverage with Preferred Governmental Insurance Trust (PGIT) for the policy term: 27 October 1, 2024, through September 30, 2025, as further detailed in “Exhibit A”attached hereto.28 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 29 authorizes the Mayor to execute any ancillary documents as may be necessary to accomplish the 30 purpose of this Resolution.31 32 856 SECTION 4.This Resolution shall take effect in accordance with law.33 34 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.35 CITY OF BOYNTON BEACH, FLORIDA36 YES NO37 Mayor – Ty Penserga __________38 39 Vice Mayor – Aimee Kelley __________40 41 Commissioner – Angela Cruz __________42 43 Commissioner – Woodrow L. Hay __________44 45 Commissioner – Thomas Turkin __________46 47 VOTE ______48 ATTEST:49 50 ___________________________________________________________51 Maylee De Jesús, MPA, MMC Ty Penserga52 City Clerk Mayor53 54 APPROVED AS TO FORM:55 (Corporate Seal)56 57 _______________________________58 Shawna G. Lamb59 City Attorney60 857 City of Boynton BeachProperty, Casualty & Workers Compensation Insurance Evaluation2024-2025 Renewal EvaluationCoverage TypeDeductibleCoverage LimitsPremiumDeductibleCoverage Limits PremiumProperty $25,000 AOP5% NS ($50,000 Min)$257,337,400 TIV($257,337,400 Limit)$1,641,725$25,000 AOP5% NS ($35,000 Min)$260,289,652 TIV($260,289,652 Limit)$1,676,312Equipment Breakdown$25,000$100,000,000 Included in Property $25,000 AOP$50,000,000 Included in Property Excess Flood Zones B,C,X: $25,000; Zones A&V: NFIP Limit $5,000,000 Included in Property Zones B,C,X: $25,000; Zones A&V: NFIP Limit $5,000,000 Included in Property Business Income$25,000$4,000,000 Included in Property $25,000$4,000,000 Included in Property Inland Marine $4,910$9,808Scheduled$1,000$2,454,852$1,000$5,901,915Unscheduled$500$1,000,000$500$1,000,000Crime Coverage $964$964Employee Dishonesty$1,000$50,000$1,000$50,000Theft of Money & Securities$1,000$50,000$1,000$50,000Faithful Performance of Duty$1,000$50,000$1,000$50,000Sub Total - Property$1,647,599$1,687,084General Liability$200,000$5,000,000$304,300$200,000$5,000,000$325,651Payroll Basis$80,000,000$86,225,000Public Official Liability & Employment Practices Liability$200,000$5,000,000 Included in GL $200,000$5,000,000 Included in GL Law Enforcement Liability$200,000$5,000,000 Included in GL $200,000$5,000,000 Included in GL Network Security & Privacy Liability$25,000$2,000,000$5,305$200,000$2,000,000$5,834Auto Liability$100,000$2,000,000$120,562$100,000$2,000,000$125,580Auto Physical Damage$5,000Per Schedule$30,863$5,000Per Schedule$39,843Sub Total - Liability & Auto$461,030$496,908Excess Workers' Compensation$500,000 Statutory / $1,000,000$284,528$500,000 Statutory / $1,000,000$306,805Payroll Basis$80,000,000 $86,225,000Experience Mod Factor1.091.09Sub Total - Workers' Comp$284,528$306,805Total Annual Premium$2,393,157$2,490,797$ Increase or DecreaseN/A$97,640% Increase or DecreaseN/A4.1%Preferred Governmental Insurance Trust2024-2025CurrentRenewalPreferred Governmental Insurance Trust2023-2024858 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Ordinance No. 24-012- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Part II, Chapter 2, "Administration," Article II, "City Manager," Section 2-30 "Powers and Duties Generally," by creating a new subsection "K," authorizing the City Manager to execute certain contracts on behalf of the City; providing for codification, severability, conflicts, and an effective date. (Tabled from August 20, 2024). Requested Action: Staff recommends approval of Proposed Ordinance No. 24-012, on first reading. Explanation of Request: The City Manager is the City's chief administrative officer and is responsible to the City Commission for the administration of all City affairs. City Administration and the City Attorney's Office identified gaps in existing City ordinances and policies. In an attempt to establish a clear framework, enhance transparency, codify long-term policy declarations of the Commission, and ensure that documents are legally executed, City Department Directors were asked to identify the types of contracts that they believed to be routine in nature and that were historically signed by the City Manager. This ordinance establishes and formalizes policies regarding contract execution authority for various contracts for programs and services that are routine or otherwise necessary to implement the City's day- to-day work. Over time, the City Commission has adopted resolutions and created policies that authorized the City Manager to execute procurement contracts and other documents. This ordinance codifies such prior policy decisions (e.g., R18-002, R22-132, R24-011, R15-026, R14-032) and clarifies signature authority for certain programs already adopted by ordinance. This ordinance will enable City administration to function at the most efficient level by authorizing the City Manager to execute certain contracts under the conditions specified in the ordinance. The ordinance only applies to budgeted contracts. It requires any document signed to comply with all Risk Management policies and the City's Procurement Policy and requires the form of agreement to be approved by the City Attorney's Office. Article I, Section 7 of the City Charter provides that the City Commission has the power to enter into contracts on behalf of the City, and all contracts shall be attested by the City Clerk with the seal of the City affixed hereto. Based on the authority vested in the Commission under Article I, Section 7 of the Charter, it is within the City Commission’s purview to authorize the City official it deems appropriate to execute a document. This ordinance is consistent with 859 prior policies set by the City Commission, which has delegated signature authority through ordinance on numerous occasions (e.g., sections 2-56.1, 18-196, 28-8.2, 18-229, 15-117.5, 26-508, 5-27, 3-5, and 27-8 of the City Code). How will this affect city programs or services? This ordinance establishes a signature authority framework and provides express rather than implied authority, ensuring contracts executed are legally enforceable thereby reducing the City's risk, streamlining the City's contract signature process, and clarifying the City Manager's signature authority. Fiscal Impact: N/A Attachments: City Manager Signature Authority Ordinance- 8.12.24.docx business-impact-estimate-City_Manager_Signature_Authority.pdf Charter Provisions.pdf Memo to Commission Auhority to Execute Contracts under Charter.pdf 860 8.12.24 (SRW) Page 1 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-______1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 4 2, “ADMINISTRATION,” ARTICLE II, “CITY MANAGER,” 5 SECTION 2-30 “POWERS AND DUTIES GENERALLY,” BY 6 CREATING A NEW SUBSECTION “K,” AUTHORIZING THE 7 CITY MANAGER TO EXECUTE CERTAIN CONTRACTS ON 8 BEHALF OF THE CITY; PROVIDING FOR CODIFICATION, 9 SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN 10 EFFECTIVE DATE.11 12 WHEREAS, the City Manager is the chief administrative officer of the City and is 13 responsible to the City Commission for the administration of all City affairs; and14 WHEREAS, the City Commission desires to establish policies regarding contract 15 execution authority for various contracts for programs and services that are routine in nature or 16 otherwise necessary for the implementation of City programs and services as further described 17 herein; and18 WHEREAS, over time, the City Commission has adopted resolutions and created policies19 that authorized the City Manager to execute procurement contracts and other documents, and the 20 City Commission now desires to codify such prior policy decisions; and21 WHEREAS, the City Commission has determined that in order for City administration to 22 function at the most efficient level, the City Manager shall be granted the authority to execute 23 certain contracts under the conditions specified herein. 24 25 26 861 8.12.24 (SRW) Page 2 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 27 CITY OF BOYNTON BEACH, FLORIDA:28 Section 1:The foregoing “WHEREAS” clauses are hereby ratified as being true and 29 correct and are hereby made a specific part of this Ordinance upon adoption hereof.30 Section 2:Part II, Chapter 2, Article II, Section 2-30, entitled “Powers and Duties 31 Generally” of the Code of Ordinances of the City of Boynton Beach is hereby amended to create 32 subsection “K” as follows:33 Part II, Chapter 2, Article II, entitled “City Manager.”34 Sec. 2-30. – Powers and duties generally.35 The city manager shall be the chief administrative officer of the city and be responsible to 36 the commission for the administration of all city affairs placed in his charge under the City Charter, 37 Code of Ordinances or assigned to him by the city commission. He shall have the power and duty 38 to:39 …40 (k): Approve and execute the following contracts, documents, and instruments (including41 amendments, task orders, extensions, renewals, and termination thereof) on behalf of the City, 42 subject to the following and any other limitations stated in this Code:43 (1)Corporate and media sponsorships of City programs and events;44 (2)Parks and recreation adopt a park or adopt a road agreements and special event45 permits involving no expenditure of City funds;46 862 8.12.24 (SRW) Page 3 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (3)Site access agreements, temporary parking agreements, and right of entry permits47 allowing the City to access or use property, which involve no expenditure of City funds;48 (4) Public art loan and display agreements involving no expenditure of City funds;49 (5)Employment agreements, including, but not limited to, employment, disciplinary, 50 and separation agreements, necessary to administer the City’s employment matters in accordance 51 with Article II, Section 20 of the City Charter, and Article II, Section 2-30 of the City Code of 52 Ordinances;53 (6)Volunteer agreements involving no expenditure of City funds;54 (7)Building permit applications for budgeted City construction projects;55 (8)Releases and partial releases of lien or conditional lien settlement agreements in 56 accordance with the City’s lien settlement policies in Article V, Sections 2-72 through 2-93 of the 57 City Code of Ordinances; and58 (9)Procurement contracts in accordance with the limits set forth in the City of Boynton 59 Beach procurement policy, as amended from time to time.60 Any contract that requires the City to indemnify another party shall require the approval of 61 the City Commission. All contracts executed by the City Manager or designee, pursuant to this 62 section, shall comply with the following: (i) each contract shall include insurance provisions as 63 established by the City’s Risk Management Division, (ii) must be budgeted, (iii) must be approved 64 as to form by the City Attorney’s Office, and (iv) shall comply with the City’s procurement policy, 65 if applicable. The City Manager, or designee, shall have the authority to terminate any contract 66 executed pursuant to this section. A quarterly report shall be submitted to the City Commission 67 863 8.12.24 (SRW) Page 4 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. listing the procurement contracts signed by the City Manager or designee, pursuant to this section,68 during the prior quarter.69 Section 3:Codification.It is the intention of the City Commission of the City of 70 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall 71 become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida,72 and that Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may 73 be changed to “Section,” “Article,” or such other word or phrase in order to accomplish such 74 intention. 75 Section 4:Severability.If any clause, section, or other part of this Ordinance shall be 76 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 77 or invalid part shall be considered eliminated and in no way affect the validity of the other 78 provisions of this Ordinance.79 Section 5:Conflicts.That all Ordinances, parts of Ordinances, Resolutions, or 80 parts of Resolutions in conflict herewith be and the same are repealed to the extent of such conflict.81 Section 6:Effective Date.That this Ordinance shall take effect immediately 82 upon passage.83 84 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)85 864 8.12.24 (SRW) Page 5 of 5 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________ 2024.86 SECOND, FINAL READING, AND PASSAGE this ______ day of _______ 2024.87 CITY OF BOYNTON BEACH, FLORIDA88 YES NO89 90 Mayor – Ty Penserga _____ _____91 92 Vice Mayor – Aimee Kelley _____ _____93 94 Commissioner – Woodrow L. Hay _____ _____95 96 Commissioner –Angela Cruz _____ _____97 98 Commissioner – Thomas Turkin _____ _____99 100 VOTE ______101 ATTEST:102 103 _____________________________104 Maylee DeJesús, MMC Ty Penserga105 City Clerk Mayor106 107 APPROVED AS TO FORM:108 (Corporate Seal)109 110 111 Shawna G. Lamb112 City Attorney113 865 1 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 2, “ADMINISTRATION,” ARTICLE II, “CITY MANAGER,” SECTION 2-30 “POWERS AND DUTIES GENERALLY,” BY CREATING A NEW SUBSECTION “K,” AUTHORIZING THE CITY MANAGER TO EXECUTE CERTAIN CONTRACTS ON BEHALF OF THE CITY; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 166.041(4)(c), Florida Statutes. 866 2 In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The ordinance clarifies the signature authority of the City Manager and codifies prior policy decisions. This ordinance serves the public purpose of enabling City administration to function at the most efficient level. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 4. Additional information the governing body deems useful (if any): N/A 867 Sec. 7. Authority to contract; execution; attestation and seal. The Commission shall have the power to enter into contracts on behalf of the City. All contracts shall be attested by the City Clerk with the seal of the City affixed thereto. (Laws of Fla. 1947, Ch. 24398, § 28; Ord. No. 02-037, § 2, 8-20-02, election of 11-5-02; Ord. No. 12- 023, § 2, 1-15-13, election of 3- 12-13) Cross reference-Contracts must be approved by City Attorney, § 23. Sec. 10. Duties, powers, privileges of Mayor. The Mayor shall preside at all meetings of the City Commission and perform such other duties consistent with his or her office as may be imposed by the City Commission, and he or she shall have a voice and a vote in the proceedings of the City Commission, but no veto power. He or she may use the title of Mayor when executing legal instruments of writing or when required by necessity, arising from the General Laws of the State, but this shall not be considered as conferring upon him or her the administrative or judicial functions of a Mayor under the General Laws of the State. He or she shall be considered as the official head of the City for ceremonial purposes, and shall be so recognized by the courts for the purpose of serving civil processes, and by the Government in the exercise of military law. In the absence or disqualification of the Mayor, the other members of the City Commission shall select one of their members to perform his or her duties. This selection shall be made in accordance with the provisions of this Charter with respect to the election of a Mayor.* The Mayor shall sign all deeds, bonds or other instruments of writing to which the City is a party, when authorized so to do by the City Commission. (Laws of Fla. 1947, Ch. 24398, §§ 20, 22; Am. Ord. No. 97-38, § 2, 8-5-97, election of 3-10-98; Ord. No. 02-040, § 2, 8-20-02, election of 11-5-02; Ord. No. 02-043, §§ 4- 5, 8-20-02, election of 11-5-02; Ord. No. 12-023, § 2, 1-15-13, election of 3-12-13) *Editor's note—Note that § 9 above, as amended, provides for the annual designation of a Vice-Mayor. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed previous § 10 pertaining to quorum and vote requirements on ordinances, resolutions, and enactment procedures generally. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 31, as amended by Laws of Fla. Ch. 63-1125, § 2; Ord. No. 74-21, § 1, 8-20-74; Ord. No. 87-46B, § 1, 1-5-88, election of 3-8-88; Ord. No. 97-39, § 2, 8-5- 97. Current § 10 was originally part of Article IV and designated § 54. 8/26/24, 9:40 AM export.amlegal.com/api/export-requests/122df382-4b39-4da3-bd10-2adde34ae11b/download/ https://export.amlegal.com/api/export-requests/122df382-4b39-4da3-bd10-2adde34ae11b/download/1/1868 1 No To: The Honorable Mayor and City Commission From: Pamala H. Ryan, Esq. CC: Shawna Lamb, City Attorney Re: Authority to Execute Documents on Behalf of the City Date: August 29, 2024 Background The Boynton Beach City Commission (“Commission”) was recently asked to consider an ordinance, defining in specific terms the types of documents the City Manager has authority to execute on behalf of the City. The discussion of the proposed ordinance raised questions about not only the City Manager’s authority but also the Mayor’s authority to execute documents on behalf of the City and how far that authority goes. After a robust discussion, the City Commission deferred voting on the ordinance, seeking more information. Issues I. Whether the City Charter requires the Mayor to execute all contracts and other legal instruments on behalf of the City? II. Whether the Commission has the authority to designate persons other than the Mayor with the power to execute agreements on behalf of the City? Short Answer I. No. The Charter does not require the Mayor to execute all contracts entered into on behalf of the City. The Charter authorizes but does not mandate that the Commission designate the Mayor to execute the documents. II. Yes. Section 7 of the Charter gives the Commission the authority to designate the City Manager or other department directors the power to execute contracts on behalf of the City, so long as that authorization is given through ordinances, resolutions, and policies approved by the Commission. Analysis I. Whether the City Charter requires the Mayor to execute all contracts and other legal instruments on behalf of the City? A municipal charter is the paramount law of a municipality, just as the state constitution is the charter for the state. Fla. Atty General Opinion 2002-7 (2002). Likewise, a local ordinance is like a Florida Statute 5944 Coral Ridge Drive, PM #201 Coral Springs, FL 33076 Office: 954-254-8054 1645 Palm Beach Lakes Blvd., Suite 200 West Palm Beach, FL 33401 Office: 561-207-2119 Ottinot Law P.A. 869 2 and “municipal ordinances are subject to the same rules of construction as are state statutes.” ABA Interior Inc. Owen Group Corp., 338 So.3d 264 (Fla. 4th DCA 2022). The relevant sections of the City Charter are as follows. Sec. 7. Authority to contract; execution; attestation and seal. The Commission shall have the power to enter into contracts on behalf of the City. All contracts shall be attested by the City Clerk with the seal of the City affixed thereto. Sec. 10. Duties, powers, privileges of Mayor. The Mayor shall preside at all meetings of the City Commission and perform such other duties consistent with his or her office as may be imposed by the City Commission, and he or she shall have a voice and a vote in the proceedings of the City Commission, but no veto power. He or she may use the title of Mayor when executing legal instruments of writing or when required by necessity, arising from the General Laws of the State, but this shall not be considered as conferring upon him or her the administrative or judicial functions of a Mayor under the General Laws of the State. He or she shall be considered as the official head of the City for ceremonial purposes, and shall be so recognized by the courts for the purpose of serving civil processes, and by the Government in the exercise of military law. In the absence or disqualification of the Mayor, the other members of the City Commission shall select one of their members to perform his or her duties. This selection shall be made in accordance with the provisions of this Charter with respect to the election of a Mayor. The Mayor shall sign all deeds, bonds or other instruments of writing to which the City is a party, when authorized so to do by the City Commission. (emphasis added). Generally, a constitutional provision should be “construed as a whole in order to ascertain the general purpose and meaning of each part; each subsection, sentence, and clause must be read in light of the others to form a congruous whole so as not to render any language superfluous.” Everglades Law Center, Inc. v. South Florida Water Management District, 290 So.3d 123 (Fla. 4th DCA 2019), citing Department of Envtl. Prot. v. Millender, 666 So. 2d 882, 886 (Fla. 1996). Likewise, constitutional and statutory provisions must be read in pari materia in a way to harmonize the provisions of each. Id. The same reasoning should be applied when construing charter or ordinance provisions. As such, sections 7 and 10 of the Charter should be read together, and each part given its due. Section 7 does not mention the Mayor and gives all power to enter into contracts to the Commission as a body. That language was reinforced when section 7 was readopted by referendum in 2013 with minor revisions. Section 10 ascribes to the Mayor the responsibility of signing documents of the City when authorized to do so by the Commission. The use of “shall” in the sentence requires the Mayor to sign certain documents,1 when authorized to do so by the Commission, even when the Mayor may personally disagree with the 1 It is interesting that the language in section 7 speaks of contracts, while the language in section 10 speaks of deeds, bonds or other instruments. It may have been intentional to use different words in an effort to convey a different meaning, but I did not find any information which would suggest that the writer was not using the terms “contracts,” and “other instruments” interchangeably. 870 3 directive of the Commission. At the same time, interpreting the section to mean that only the Mayor has the power to execute documents on behalf of the City would seem to run counter to the mandate of section 7 which confers to the Commission the general power to enter into contracts. Nevertheless, if the Commission wishes to grant the Mayor the power to sign all documents, it can do so by passing an ordinance giving that authorization because that is within the power of the Commission. Such a directive would be consistent with and in compliance with section 7 of the Charter. II. Whether the City Commission has the authority to designate persons other than the Mayor with the power to execute agreements on behalf of the City? Because section 7 of the Charter clearly states the “Commission shall have the power to enter into contracts on behalf of the City” and only adds the City Clerk as being the person to attest those contracts, it is this writer’s interpretation that the Commission can authorize anyone to execute a contract on its behalf so long as the City Clerk attests the same. This interpretation is consistent with directives found in the City’s code of ordinances. There are several instances in the code of ordinances where the Commission has given authority to the City Manager and other directors to execute agreements on behalf of the City. Below are a few of the instances. Article V. Deferred Compensation Plan for Unclassified Personnel • Sec. 18-196. Agreements with employees authorized. The city commission hereby authorized the city manager to execute all joinder agreements with said employees and other eligible officials and officers which are necessary for said person's participation in the plan. (Ord. No. 79-19, Art. I, § B, 12-5-79) Article IX. Early Retirement Incentive Program • Sec. 18-229. Execution of agreements. The City Commission authorizes the City Manager and City Clerk to execute Agreements for Participation in Early Retirement Incentive Program and Waiver of Rights forms with eligible employees. A copy of the Agreement for Participation is attached to Ordinance No. 00-66 as Exhibit "B." (Ord. No. 00-66, § 8, 11-21-00; Ord. No. 03-058, § 8, 11-5-03) Article I. In General • Sec. 26-8.2 Water Service/Annexation Agreements. The City Manager or Utilities Director is authorized to execute individual Owner Water Service/Annexation Agreements. The Release of a Water Service/Annexation Agreement requires City Commission approval. 871 4 (Ord. No. 17-006, § 2, 2-21-17) Article VIII. Reclaimed Water • Sec. 26-508. Fees, rates and charges. (a) Charges for reclaimed water use will be based on metered flows and will be billed on a monthly basis per one thousand (1,000) gallons in accordance with the approved rate schedule. (b) The monthly rates and charges for water and wastewater shall be reviewed annually by the Utilities Management and the rates set by the Commission during the annual budget setting process. Such rates shall become effective on October 1 of each year. (c) Meter installation charges and deposits, when applicable, shall be as listed in Chapter 26, Article 1 of the City Code of Ordinances. (d) The City Manager or Utilities Director is authorized to execute Large Reclaimed Water Service Agreements. (Ord. No. 09-022, § 2, 5-5-09; Ord. No. 18-020, § 3, 9-20-18; Ord. No. 19-008, § 2, 2-5- 19) In addition, the City Manager has been given authority to execute agreements and construction documents under the City’s Procurement Policy (adopted by the City Commission) up to a threshold amount. Based on the provisions found in various ordinances and policies, it is clear that the Commission intended to give, and did in fact give, the City Manager and other directors authority to execute documents on behalf of the City. The authority to do so was derived from the City’s Charter giving the City Commission power to enter into contracts. Nevertheless, staff is suggesting that the City Manager may not have been given explicit, written Commission authority to execute all contracts that have been executed over the years by city managers or other department directors. Staff seeks to remedy this by suggesting an ordinance that lays out in detail the types of contracts and other instruments the City Manager may execute. If it is not codified in the ordinance, then authorization to execute a contract would have to be specifically granted by the Commission in a resolution. Of course, the decision to codify such an ordinance is within the discretion of the Commission. Conclusion The City Charter authorizes but does not mandate that the Commission designate the Mayor to execute all documents (contracts, deeds, bonds or legal instruments) of the City, but when it does authorize the Mayor to do so, he or she shall execute. Moreover, per the Charter, the Commission may authorize someone other than the Mayor to execute documents, and the Commission has, in practice, authorized the City Manager and department directors alike through ordinances, policies and resolutions. Likewise, if the Commission wishes to designate that only the Mayor may sign all documents, it has the authority to make the decision, which would then necessitate changes in the code of ordinances and other policies. 872 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Ordinance No. 24-017- First Reading- An Ordinance of the City Commission for the City of Boynton Beach, Florida, amending the City of Boynton Beach's Code of Ordinances; Chapter 15 "Offenses- Miscellaneous*," Article IX "Community Appearance and Maintenance," Section 15-120 "Minimum Standards for Appearance and Maintenance of Public Property and Private Property;" providing for conflicts, severability, codification; and providing for an effective date.(Tabled from August 20, 2024). Requested Action: Staff recommends approval of Proposed Ordinance No. 24-017, on first reading. Explanation of Request: The Commission requested that requirements for tree trimming near overhead power lines be added to the City Code, giving the City the authority to regulate tree maintenance near overhead power lines of single-family and duplex properties. This is the main reason for updating this section of the Ordinance. Trees and other vegetation coming into contact with overhead power lines is the primary cause of outages and flickers, according to FPL. Sparking and other dangerous tree situations can also result from trees and other vegetation touching powerlines. Additionally, staff decided to update several other sections of this Ordinance in addition to introducing this new regulation. The updates will clarify certain sections and raise property maintenance standards to help maintain or increase property values by ensuring neighborhoods remain well-kept and safe. How will this affect city programs or services? This will not affect City programs or services. Fiscal Impact: N/A Attachments: Ordinance No. 24-017 Minimum_Standards_for_appearance_of_property_-_Ordinance.docx business-impact-estimate.pdf 873 1 ORDINANCE NO. 24-0172 3 AN ORDINANCE OF THE CITY COMMISSION FOR THE CITY 4 OF BOYNTON BEACH, FLORIDA, AMENDING THE CITY OF 5 BOYNTON BEACH’S CODE OF ORDINANCES; CHAPTER 15 6 “OFFENSES- MISCELLANEOUS*,” ARTICLE IX “COMMUNITY 7 APPEARANCE AND MAINTENANCE,” SECTION 15-1208 “MINIMUM STANDARDS FOR APPEARANCE AND 9 MAINTENANCE OF PUBLIC PROPERTY AND PRIVATE 10 PROPERTY;” PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.12 WHEREAS, these amendments to the City’s Code of Ordinances include the addition 13 of tree maintenance near overhead powerlines of single-family and duplex properties; and14 WHEREAS,trees and other vegetation coming into contact with overhead power lines 15 is the primary cause of power outages and flickers; and16 WHEREAS, the amendments also consist of updates to terms to clarify certain sections 17 and raise property maintenance standards to help maintain or increase property values by 18 ensuring neighborhoods remain well kept and safe; and19 WHEREAS, having considered the recommendations of staff, the City Commission20 has determined that it is in the best interest of the citizens and residents of the City of Boynton 21 Beach to approve the amendment to the City’s Code of Ordinances as contained herein.22 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION FOR 23 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:24 SECTION 1. The foregoing whereas clauses are true and correct and are now ratified 25 and confirmed by the City Commission.26 SECTION 2. City of Boynton Beach’s Code of Ordinances, Chapter 15 “Offenses-27 Miscellaneous*,” Article IX “Community Appearance and Maintenance,” Section 15-120 28 “Minimum Standards for Appearance and Maintenance of Public Property and Private 29 Property” is hereby amended as follows:30 CHAPTER 15 OFFENSES- MISCELLANEOUS*31 …32 33 ARTICLE IX. COMMUNITY APPEARANCE AND MAINTENANCE34 …35 36 874 Sec. 15-120. MINIMUM STANDARDS FOR APPEARANCE AND MAINTENANCE 37 OF PUBLIC PROPERTY AND PRIVATE PROPERTY.38 39 (a)Streets and sidewalks.The owner(s) of all real property within the cCity abutting a 40 public or private street or sidewalk shall not permit and it shall be unlawful to permit the 41 growth of grass, weeds, or other flora, or sand or gravel into or over such street or 42 sidewalk, and such owners(s) shall not allow a tree(s) or any part thereof to extend over 43 a street or sidewalk below a height of ten (10) feet or the roots of a tree to break or raise44 lift up such street or sidewalk, or allow a tree or any part thereof to extend over a road, 45 street or right-of-way below a height of fourteen (14) feet.46 47 (b) Swales, rights-of-way, and alleys.48 49 (1) The owner(s) of all real property within the cCity abutting a public or private swale, 50 right-of-way, or alley shall not permit, and it shall be unlawful to permit the growth of a tree 51 growing in the adjacent swale, right-of-way or alley or any part thereof to extend over a street 52 or sidewalk below a height of ten (10) feet or the roots thereof to break or raise lift up the 53 contiguous street or sidewalk, or allow a tree or any part thereof to extend over a road or right-54 of-way below a height of fourteen (14) feet.55 56 The preceding paragraphs shall also require property owners to maintain swales, and 57 shoulders which lie between a property line and the pavement edge of an adjacent public street, 58 except where the swale or shoulder is regularly maintained by the cCity, Palm Beach County, 59 or other government agency.60 (2) It is unlawful for any person to place or cause to be placed any object or thing known 61 to modify the design, function, or shape of swales, rights-of-way, or alleys, on, over, or across 62 any swale, right-of-way, or alley, except the following:63 a. Grass or sod, soil or dirt;.64 b. Floral gGround cover, shrubsbbery, palms, or trees –provided written approval is 65 granted from by the c City's Utility Department and Development the City Engineer. for 66 shrubbery and trees located within swales, rights-of-way or alleys;.67 c. Postal mail boxes meeting the criteria of the U.S. Post Office.68 d. Solid objects made of metal, concrete, plastic, or similar materials protruding no more 69 than three and one-half (3½) inches above the ground, having a diameter no greater than eight 70 (8) inches at their widest points, having flat or rounded top surfaces, with each of such objects 71 being placed no less than five (5) feet apart.72 e. Other proposals not listed above may require written approval from the Utility 73 Department and the City Engineer.74 75 (c) Waterways.76 77 875 (1) The owner(s) of all real property within the cCity abutting a waterway shall not permit 78 and it shall be unlawful to permit the accumulation thereon of grass or weeds which attain a 79 height of twelve (12) inches or more.80 (2) The owner(s) of all real property within the cCity abutting upon a waterway shall not 81 permit and it shall be unlawful to permit trees on their respective properties to grow over the 82 waterways (unless ten (10) feet above the water surface) or limbs, fronds, coconuts, or other 83 debris to fall therefrom into such waterways. This shall not apply to species protected by the 84 state unless removal of such species has been approved by the state.85 (3) The owner(s) of the bottom of waterways within the cCity shall not permit, and it shall 86 be unlawful to permit, the growth of subsurface aquatic weeds above the surface of the water 87 or to an the extent that they it affects public stormwater drainage in to the waterway.88 (d) Front, side, and rear open and/or landscaped areas of private property.89 (1) Open and/or landscaped area maintenance: This includes, but is not limited to:90 a. The keeping storage or deposition (depositing) on, or the scattering over the premises, 91 including inside carports visible from a public or private right-of-way,of any junk, trash, debris, 92 construction materials not being actively used for construction, abandoned, discarded, or 93 derelict objects or equipment, including but not limited to automobiles, trucks, buses, 94 motorcycles, bicycles, furniture, major and minor appliances, trailers, cans, or containers. 95 b. The failure to keep or maintain all lots, fences, sheds, steps, driveways, and other 96 premises in any district clean, sanitary, and free from weeds, or overgrowth, or deterioration.97 c. The keeping, maintaining, propagation, existence, or permitting of any thing, by any 98 person or entity, by which the life or health of any person or persons may be threatened or 99 impaired, or by which or through which, directly or indirectly, disease may be caused, or the 100 environment of any person or place rendered unclean or unsanitary by the act of another or 101 others.102 d. The total non-pervious areas void of landscaping or xeriscape ground covers shall not 103 exceed one hundred (100) square feet of any pervious area visible from a public or private right-104 of-way, excluding alleys abutting rear yards. When such Should “dead spots” occur, they will 105 be sodded or seeded to reestablish grass, landscaping, or groundcover.106 e. Trees directly under and growing into facility/utility spaces shall be removed or pruned.107 Trees shall be maintained so that the mature tree canopy is a minimum of ten (10) feet from 108 overhead utility lines. Trees shall be pruned in accordance with the standards set forth by the109 American National Standards Institute (ANSI). Trees shall be pruned for the first time two (2)110 and five (5) years after planting, then every five (5) to seven (7) years thereafter. Shrubs shall 111 be maintained in a neat and healthy appearance. The placement of a hedge shall not cause any 112 traffic line-of-sight obstruction and must comply with the visibility requirements of Chapter 4, 113 Article VIII, Section 3.C.4.u., "Visual Obstructions of Intersections."114 115 876 f. Open and/or landscaped areas of the cCity, on developed properties, shall be covered 116 by a lawn which shall be maintained at a height not to exceed twelve (12) six (6) inches.117 f. g. Irrigation systems shall be maintained in good working order to provide complete 118 coverage.119 g. h. Pervious surfaces without irrigation systems shall utilize drought-tolerant grass, 120 shrubbery with mulch or wood chips, or other drought-tolerant species so that they may be 121 restored to a uniform green appearance as soon as weather conditions permit. Lawns which that 122 have died from lack of water or other causes shall be reseeded or sodded. This requirement shall 123 not apply to areas covered by pavement, areas that are covered by shellrock, limerock, gravel, 124 decorative stone, or any other dust-free surface, or areas covered by landscaping, mulch, or 125 wood chips, which that are regularly renewed and kept free of weeds.126 h. i. Trees, and shrubs shall be trimmed and pruned, and the property owner shall be 127 responsible for maintaining said trees and shrubs in accordance with subsections (a), (b), (c), 128 (d), and (d) (e) of this section.129 (2) Prohibition against nuisances: The owner(s) of all real property within the cCity shall 130 not permit a nuisance as defined by this article, and it shall be unlawful to permit a nuisance to 131 exist on its property such as: placing, depositing, leaving, or dumping any debris, refuse, trash, 132 rubbish, junk, garbage, ashes, broken articles, or waste material of any kind or nature on private 133 property, or to create thereby an attraction for animals, insects, or vermin, or to the deterioration 134 of any structure, or to create thereby a nuisance as defined in this article,or to place in jeopardy,135 the health, safety, and welfare of the citizens of the cCity. This shall not preclude placing of136 trash at the curb-side for pick up by sanitation vehicles.137 (e) Exterior of buildings and structures.138 (1) The owner(s) of all real property within the cCity shall not permit, and it shall be 139 unlawful to permit, the deterioration of a building’s the exterior such that of a building it 140 becomes a nuisance as defined by this article.141 (2) Building exterior maintenance: For the exterior of any buildings and structures, a 142 nuisance is declared to exist if the owner or tenant of real property permits the exterior of a 143 dwelling to deteriorate to the point where:144 a. Twenty percent (20%) 20% or more of the paint is mismatched, blistered, and peeling,145 or missing, or rotted on the exterior non-fenestrated building surface area, including but not 146 limited to, facia boards, eaves, siding, or awnings, garages, or carports.147 b. Twenty percent (20%) 20% or more of the roof surface materials, such as, shingles, 148 tiles, or any other roofing materials, are loose, or missing, or discolored.149 c. fFenestrable areas, such as windows, doors, screens, i.e. broken glass, screening, rails, 150 and styles are deteriorated.151 877 d. Twenty percent (20%) or more of discoloration of any exterior surface on the premises 152 of the property.153 SECTION 5.Each and every other provision of the City’s Code of Ordinances not 154 herein specifically amended shall remain in full force and effect as originally adopted.155 SECTION 6.All laws and ordinances applying to the City of Boynton Beach in 156 conflict with any provisions of this ordinance are hereby repealed.157 SECTION 7.Should any section or provision of this Ordinance or any portion thereof 158 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 159 remainder of this Ordinance. 160 SECTION 8.Authority is hereby given to codify this Ordinance.161 SECTION 9.This Ordinance shall become effective immediately upon second 162 passage.163 164 165 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)166 167 878 FIRST READING this 20th day of August 2024.168 169 SECOND, FINAL READING, AND PASSAGE THIS _____day of _______ 2024.170 171 CITY OF BOYNTON BEACH, FLORIDA172 173 YES NO174 175 Mayor – Ty Penserga _____ _____176 177 Vice Mayor – Aimee Kelley _____ _____178 179 Commissioner – Angela Cruz _____ _____180 181 Commissioner – Woodrow L. Hay _____ _____182 183 Commissioner – Thomas Turkin _____ _____184 185 VOTE ______186 187 ATTEST:188 189 ___________________________________________________________190 Maylee De Jesús, MPA, MMC Ty Penserga191 City Clerk Mayor192 193 APPROVED AS TO FORM:194 (Corporate Seal)195 196 _______________________________197 Shawna G. Lamb198 City Attorney199 879 Page 1 of 2 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; 1 See Section 166.041(4)(c), Florida Statutes. Proposed Ordinance First Reading, an Ordinance of the City Commission for the City of Boynton Beach, Florida, amending the City of Boynton Beach’s Code of Ordinances; Chapter 15 “Offenses-Miscellaneous*,” Article IX “Community Appearance and Maintenance,” Section15-120 “Minimum Standards for Appearance and Maintenances of Public Property and Private Property;” Providing for Conflicts, Severability, Codification; and Providing for an Effective Date. 880 Page 2 of 2 b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): The City of Boynton Beach desires to amend Chapter 15, “Offenses- Miscellaneous*,” Article IX, “Community Appearance and Maintenance,” Section15-120 “Minimum Standards for Appearance and Maintenances of Public Property and Private Property;” providing for codification conflict, severability, and an effective date. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: The cost will be $250 to $2,500 per tree, depending on their size and location. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: The cost will be $250 to $2,500 per tree, depending on their size and location. (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 7,000 4. Additional information the governing body deems useful (if any): 881 City of Boynton Beach Agenda Item Request Form 10.C Regular Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Ordinance No. 24-018- First Reading - An Ordinance of the City Commission of the City of Boynton Beach, Florida; Amending Chapter 18, Article IV, Pensions for Firefighters, Section 18-185 "Normal Retirement Date," of the City Code to Permit Normal Retirement at Twenty Years of Service by Removing the Second Tier Adopted in 2019. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-018, on first reading. Explanation of Request: The City and Boynton Beach Association of Fire Fighters Florida, Local 1891, IAFF engaged in impact bargaining relating to the wages and benefits for Firefighters in the Boynton Beach Fire Department. The City and the Union desire to memorialize the amendments that change the Boynton Beach Fire Pension Plan’s normal retirement for Tier 2 members (hired after 2/5/2019) to 20 years from 25 years, regardless of age, which are also included within the new Collective Bargaining Agreement (CBA) on the September 3rd City Commission Meeting. How will this affect city programs or services? The approval of the pension ordinance will allow the Boynton Beach Fire Department to remain competitive within the local and regional market in South Florida. Having a defined pension benefit with a normal retirement date of twenty (20) years of service vs twenty-five (25) years of service will help improve the department’s overall recruitment, retention efforts, the mental health and well being of our Firefighters and will also result in all members having the same defined benefit verses two( 2) different benefits. Fiscal Impact: The impact of the proposed Ordinance amendment is detailed within the GRS Actuarial Impact Statement. This proposed plan amendment would take effect on October 1st, 2024. In addition, the attached letter by the Boynton Beach Association of Fire Fighters Florida, Local 1891, IAFF includes a FY24-25 contribution of $230,000.00 that is associated with the first year required employer contribution. These funds are derived from Chapter 175 State contributions. The Fire Department intends to cover subsequent years by increased revenue collection, as well as monetary savings bargained for within the 2024-27 Collective Bargaining Agreement. Attachments: Ord. 24-018 Boynton_Fire_Ord_removing_second_tier__Final__8.27.24_.docx FPT Letter 24-27.pdf 882 business-impact-estimate-Pension Amendment.pdf 883 SRW 8.27.24 Page 1 of 3 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-0181 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF2 BOYNTON BEACH, FLORIDA; AMENDING CHAPTER 18, ARTICLE IV, 3 “PENSIONS FOR FIREFIGHTERS,” SECTION 18-185 “NORMAL 4 RETIREMENT DATE,” OF THE CITY CODE TO PERMIT NORMAL 5 RETIREMENT AT TWENTY YEARS OF SERVICE BY REMOVING THE 6 SECOND TIER ADOPTED IN 2019; PROVIDING FOR INCLUSION IN 7 THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A 8 REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE.9 WHEREAS, the City of Boynton Beach desires to amend Chapter 18 of the Code of 10 Ordinances of the City of Boynton Beach.11 WHEREAS, Boynton Beach Firefighters and Paramedics, International Association of 12 Firefighters, Local 1891 has entered into a new collective bargaining agreement.13 WHEREAS, an ordinance amending City of Boynton Beach Municipal Firefighters 14 Pension Trust Fund is required.15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 16 BOYNTON BEACH, FLORIDA, THAT:17 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 18 true and correct and are hereby made a specific part of this Resolution upon adoption.19 SECTION 2. Section 18-185 of the Code of Ordinances of the City of Boynton Beach is 20 hereby amended to read as follows:21 Sec. 18-185. Normal retirement date.22 The normal retirement date of each firefighter will be the first day of the month coinciding 23 with, or next following, the earlier of the date on which such firefighter has attained and completed 24 twenty (20) years of service, regardless of age, or at fifty-five (55) years of age with ten (10) years 25 of service. There is no age requirement for a normal retirement. For all members first hired on or 26 after February 5, 2019 (hereinafter “Tier 2 members”), the normal retirement date will be the first 27 day of the month coinciding with or next following the date on which the firefighter has attained 28 and completed twenty- five (25) years of service, regardless of age, or at fifty- five (55) years of 29 884 SRW 8.27.24 Page 2 of 3 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. age with ten (10) years of service. If a Tier 2 member separates from service with less than twenty-30 five (25) years of service the normal retirement date shall be the first day of the month coinciding 31 with, or next following, attainment of age fifty-five (55).32 SECTION 3. It is the intention of the City Commission, and it is hereby ordained that the 33 provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the 34 City of Boynton Beach, that the sections of the Ordinance may be renumbered or re-lettered to 35 accomplish such intentions; and that the word “Ordinance” shall be changed to “Section” or other 36 appropriate words.37 SECTION 4. If any clause, section, or other part or application of this Ordinance shall be 38 held in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 39 or invalid part or application shall be considered eliminated and shall not affect the validity of the 40 remaining portions or applications which shall remain in full force and effect.41 SECTION 5. All ordinances or parts of ordinances, resolutions, or parts of resolutions in 42 conflict herewith are hereby repealed to the extent of such conflict.43 SECTION 6. This Ordinance shall become effective immediately upon adoption unless 44 otherwise provided.45 46 [SIGNATURES ON THE FOLLOWING PAGE]47 48 885 SRW 8.27.24 Page 3 of 3 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ____ day of , 2024.49 50 SECOND, FINAL READING AND PASSAGE THIS _____day of _______, 2024.51 52 CITY OF BOYNTON BEACH, FLORIDA53 54 YES NO55 56 Mayor – Ty Penserga _____ _____57 58 Vice Mayor – Aimee Kelley _____ _____59 60 Commissioner – Angela Cruz _____ _____61 62 Commissioner – Woodrow L. Hay _____ _____63 64 Commissioner – Thomas Turkin _____ _____65 66 VOTE ______67 68 ATTEST:69 70 ___________________________________________________________71 Maylee De Jesús, MPA, MMC Ty Penserga72 City Clerk Mayor73 74 APPROVED AS TO FORM:75 (Corporate Seal)76 77 _______________________________78 Shawna G. Lamb79 City Attorney80 81 886 BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS FLORIDA, LOCAL 1891, IAFF P.O. 733 Boynton Beach, FL 33435 ∙ 561.319-7170 ∙ www.Local1891.com “One Union One Family” Georgio Salame Kurt Lewis Jonathan McMahon Tyler Hoffmann President Executive Vice President Legislative Vice President Secretary/Treasurer Paul Phillips Daniel Delahunty Charles Myers Executive Business Agent Legislative Business Agent Sergeant at Arms August 14, 2024 Mr. Dan Dugger Boynton Beach City Manager CBA 24-27 Firefighters Premium Tax Distribution Mr. Dugger, The Boynton Beach Association of Fire Fighters Florida, Local 1891, has agreed as part of the 24-27 Collective Bargaining Agreement to allocate a one-time disbursement of $330,000 from the Pension Trust Fund’s accumulated excess Chapter 175 State contribution reserve, $230,000 of which is intended to cover the first-year increase in the required employer contribution associated with unwinding Tier 2 (changing the “25 and out” Normal Retirement provision for Tier 2 members to “20 and out”). This allocation shall occur during the fiscal year 2024-25. ______________________ Local 1891 President 887 Page 1 of 2 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA; AMENDING CHAPTER 18, ARTICLE IV, PENSIONS FOR FIREFIGHTERS; AMENDING SECTION 18-185 OF THE CITY CODE; AMENDING SECTION 18-185 OF THE CITY CODE PERMIT NORMAL RETIREMENT AT TWENTY YEARS OF SERVICE BY REMOVING THE SECOND TIER ADOPTED IN 2019; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. 888 Page 2 of 2 b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): The City of Boynton Beach desires to amend Chapter 18, relating to the City of Boynton Beach Municipal Firefighters Pension Trust Fund. 2. An estimate of the direct economic impact of the proposed ordinance on pri vate, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: None. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: None. (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 4. Additional information the governing body deems useful (if any): Required as part of the new Collective Bargaining Agreement. 889 City of Boynton Beach Agenda Item Request Form 10.D Regular Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Proposed Ordinance No. 24-019- First Reading - Amending Part II of the Code of Ordinances, Chapter 26, "Water, Sewer, and City Utilities" to provide that all water, sewer, and City Utility fees, rates, and charges shall be set by the City Commission by resolution and authorizing an annual CPI adjustment, providing for conflicts, severability, codification, and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-019, on First Reading. Explanation of Request: Currently, the City's fees are codified within the Code of Ordinances. This structure makes it challenging to adjust fees in response to changing economic conditions and service costs. By removing fees from the Code of Ordinances and adopting them by resolution, we can create a more flexible and responsive fee structure. The proposed changes will: Streamline the fee adjustment process, allowing for more timely updates. Implement an automatic annual CPI increase to maintain the real value of fees over time. Improve transparency by consolidating all fees into a single, easily accessible resolution. Staff recommends approval of the proposed ordinance to enhance the city's fee management system and ensure fees remain aligned with economic realities. How will this affect city programs or services? This will allow transparency, better efficiency and oversight for rate and fee schedule implementation. Fiscal Impact: The immediate fiscal impact is expected to be neutral. However, the automatic CPI adjustment will help maintain the real value of fees over time, potentially increasing revenue in line with 890 inflation. Attachments: 24-019 Utility_Rate_Ordinance_8.26.24 (1).docx 891 8-26-24-Final (SRW) Page 1 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-0191 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26, 4 “WATER, SEWER, AND CITY UTILITIES” TO PROVIDE THAT 5 ALL WATER, SEWER, AND CITY UTILITY FEES, RATES, AND 6 CHARGES SHALL BE SET BY THE CITY COMMISSION BY 7 RESOLUTION AND AUTHORIZING AN ANNUAL CPI 8 ADJUSTMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, 9 CODIFICATION, AND AN EFFECTIVE DATE.10 11 WHEREAS, the City of Boynton Beach through its Utilities Department provides water 12 and sewer services; and13 WHEREAS, the Utilities Department operates as an enterprise fund of the City and,14 therefore must recover the costs of operation through rates, fees, and charges for services rendered; 15 and16 WHEREAS, such rates, fees, and charges shall be just and equitable and may be based or 17 computed upon the quantity of water consumed and/or upon the number and size of sewer 18 connections, or upon any other factor affecting the use of the facilities furnished, or upon any 19 combination of the foregoing factors; and20 WHEREAS, the City must establish and maintain rates and collect such fees, rentals, or 21 other charges for services and facilities, and to revise same from time to time whenever necessary, 22 in order to meet debt service requirements and rate covenants; and23 WHEREAS, the Utilities Department has completed a comprehensive rate analysis to 24 determine the fair and reasonable rates, fees, and charges to be paid by new and existing water 25 and wastewater customers based on their respective demands for such services; and26 892 8-26-24-Final (SRW) Page 2 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission desires to amend Chapter 26 of the Code of Ordinances 27 to remove all references to previously adopted fees, rates, and charges, and to provide that such 28 fees, rates, and charges will be adopted by resolution.29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 30 CITY OF BOYNTON BEACH, FLORIDA:31 Section 1.The foregoing “WHEREAS” clauses are hereby ratified as being true and 32 correct and are hereby made a specific part of this Ordinance upon adoption hereof.33 Section 2. Section 26-5. entitled “Water, sewer, and city utility schedule of fees, rates,34 and charges” is hereby created as follows:35 26-5. Water, sewer, and city utility schedule of fees, rates, and charges.36 (a)It is the intent of this section that the functions and services of the Utilities 37 Department be funded to the greatest extent practicable by persons utilizing the services of and 38 served by the City’s Utility Department. 39 (b)The City Commission shall, by resolution, establish a fee schedule (referred to 40 throughout this Chapter as the “City’s fee schedule”) to fund the various functions and services of 41 the Utilities Department. All fees, charges, penalties, and rates, for water, sewer, and city utility 42 services, deposits, and connections shall be paid in accordance with the City’s fee schedule. All 43 fees are subject to amendment by resolution of the City Commission. Lack of provision in any 44 ordinance, resolution, administrative order, policy, or memo for a fee shall not be construed as a 45 limitation on the authority of the City Commission to adopt a fee. 46 893 8-26-24-Final (SRW) Page 3 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (c)Applications, connections, services, or permits initiated or used by the City are 47 exempt from the payment of fees under the City’s fee schedule. Additionally, any exemption from 48 payment of fees specifically set forth in any ordinance of the City shall govern.49 (d)Annual Adjustments.50 (1)On October 1 of each year, each fee in the City’s fee schedule shall automatically 51 increase by a percent equal to the percentage increase in the U.S. City Average, all urban 52 consumers, seasonally adjusted, series of the Consumer Price Index for All Urban Consumers53 (CPI-U) for the Miami-Fort Lauderdale-West Palm Beach area as published by the United 54 States Department of Labor from January of the preceding calendar year until January of the 55 current calendar year. The calculated rate of change shall be applied to all utility rates, fees, 56 and charges. However, the adjustment shall never by greater than 3.5% or less than 0.0% per 57 annum. All fees will be rounded up to the nearest cent increment. The Director of Utilities shall 58 amend the City’s fee schedule annually to reflect the CPI increases, if any, by September 30. 59 Any amendment to the City’s fee schedule other than the amendment to reflect the automatic 60 increase pursuant to the CPI must be done by a resolution adopted by the City Commission. 61 (2)The annual adjustment referenced in subsection (d)(1) above shall be applied 62 automatically to all billings dated on or after October 1 of the year in which the adjustment is 63 made. The amount of the adjustment shall be determined as described in subsection (d)(3) 64 below.65 894 8-26-24-Final (SRW) Page 4 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (3)Commencing on October 1 of each year, the annual adjustment shall be equal to 66 the percentage increase in the water, sewer, and trash collection services in U.S. City Average, 67 all urban consumers, seasonally adjusted, series of the Consumer Price Index for All Urban 68 Consumers (CPI-U) for the Miami-Fort Lauderdale-West Palm Beach area as published by the 69 U.S. Department of Labor, Bureau of Labor Statistics, from January 1 of the preceding 70 calendar year until January 1 of the present calendar year as calculated pursuant subsection 71 (d)(4) below.72 (4) The percentage change in the CPI-U shall be calculated as follows:73 (a) Multiply the percent change in the CPI-U from January1 of the preceding calendar year 74 through January 1 of the present calendar year times the existing rates.75 (b) Add the product of the existing rates, charges, and fees and round to the nearest cent.76 (e)The City’s fee schedule, as amended from time to time, shall be maintained on file 77 in the Office of the City Clerk, and posted in the Utilities Department and at the City Cashier’s 78 Office. All applications and permits, as the case may be, shall be accompanied by the required 79 fee(s). Any application or service request not accompanied by payment of the required fee(s) shall 80 be deemed incomplete and shall not be processed. All fees shall be nonreimbursable and 81 nonrefundable, unless otherwise stated in the resolution of the Commission, and shall be payable 82 to the City upon request for services, submission of an application, or issuance of a permit, as 83 determined by the Director of Utilities.84 895 8-26-24-Final (SRW) Page 5 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 3.Sec. 26-7. Lien for unpaid charge; liability for charges.85 …86 (d) An administrative fee of $125.00 shall be charged to the customer whenever the city 87 records a lien against the property serviced for unpaid water, sewer, stormwater, reclaimed water 88 rates, fees, and charges.89 Section 4.Sec. 26-8. Water and sewer connection, deposit and service charges.90 There is hereby established a fee structure for water and sewer service, field visits, meter 91 connections and deposits, and miscellaneous services as set forth in the City’s fee schedule. below: 92 Field Visit Services Charge Per 93 Occurrence94 95 Field Visit Services Charge Per 96 Occurrence97 98 Field visit (Including, but not limited to: initial read on, initial read shut, final $2099 read on, final read shut, temporary disconnects, non-emergency shut off for100 repair, customer requested meter locates, and installation, movement, or101 removal of hydrant/construction meters.)102 Turn-on after hours $55103 Turn-off after hours $55104 Meter test (Based on meter size)*105 ¾” $130106 896 8-26-24-Final (SRW) Page 6 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. 1" $150107 1½” $206108 2" $230109 3" and above $515110 Re-read* (customer request)111 Residential $30112 Commercial/Multi-Family $40113 Water shut-off charge for non-payment $40114 Labor charge for meter upgrades $60115 Flow test* $30116 Dishonored checks $25117 Late payment $10118 *No charge if meter error, city's error, or substandard flow rate is detected. Any adjustments to 119 the utility bill will be no more than three (3) months.120 Customer Tampering/Damages121 The Utilities Department is authorized to collect expenses for damages to meters/service by 122 customers. If damages result from tampering, a per hour rate for staff time and material will be 123 applied. All charges will be assessed to the account where tampering/damages occurred.124 Charge Per Occurrence125 Unauthorized reconnection of service $150126 897 8-26-24-Final (SRW) Page 7 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Pulled meter / reinstallation (In addition to the unauthorized reconnection of service charge for 127 instances in which unauthorized connections cannot be securely disconnected due to tampering 128 and/or damages or inability to lock the meter.) $50129 Field Visit Services Charge Per Occurrence 130 Illegal meter bypass (For theft of service after meter has been pulled or if jumper lines are used 131 around existing meter. This charge may be applied alone or in addition to other tampering charges.) 132 $150133 134 135 Meter Connection Charges MeterSize (in inches)Inside City Outside City Deposit Meter Connection Charges MeterSize (in inches)Inside City Outside City Deposit 5/8 and 3/4 $220 $275 $100 1 $255 $315 $125 1 1/2 $455 $565 $250 2 $530 $660 $400 3 Furnished and installed by and at the expense of customer $750 4 Furnished and installed by and at the expense of customer $1,250 6 Furnished and installed by and at the expense of customer $2,500 8 Furnished and installed by and at the expense of customer $4,000 136 898 8-26-24-Final (SRW) Page 8 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Construction Meters Meter Size (in inches)Penalty for Nonread/month Deposit 3/4 $25 $100 1 $25 $100 1 1/2 $25 $200 2 $25 $200 Hydrant meter $150 $600 137 If the customer requests to increase the size of his water meter to a size greater than 138 originally installed, the customer shall pay only the differential cost between the original meter 139 and the cost of the new meter for both the connection and deposit charges.140 Section 5.Sec. 26-9. Water and wastewater rates and charges.141 (a) The monthly rates and charges for water and wastewater shall be reviewed annually by the 142 Utilities Management, and the rates set by the Commission during the annual budget process. Such 143 rates shall become effective on October 1 of each fiscal year. Unless otherwise agreed, rates for 144 customers outside the city are set twenty-five percent (25%) higher.145 (b) The maximum sewer commodity charge for residential customers (in city or outside city) 146 will be based upon a maximum sewer usage of seven thousand (7,000) ten thousand (10,000)147 gallons per month. Commercial accounts will be billed sewer charges based upon total water 148 usage.149 (c) For multi-family and commercial buildings (in city or outside city) in which several units 150 are serviced by a single meter, the base facility charge per meter shall be calculated by multiplying 151 the number of units times the standard base charges for water, sewer and stormwater. The billing 152 899 8-26-24-Final (SRW) Page 9 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. for consumption shall similarly be calculated by dividing the total monthly consumption for each 153 meter by the number of units, in order to determine the billing rate and amount per unit, which is 154 then multiplied by the number of units on each meter. Billing for utility services for multi-unit155 parcels shall commence on the first day that either a sewer connection is made or a water meter is 156 set in place.157 (d) If the utility account is temporarily disconnected, there shall continue to be a minimum 158 charge for water and wastewater billed monthly and calculated at the base rate for the applicable 159 billing category.160 Section 6.Sec. 26-16. Prerequisites to approval of development permit.161 In connection with review of any proposed plans or specifications above described by the 162 designated municipal officials, the following shall be determined:163 (a) That the size, location, and design of the pipes, pumps, lift stations, or piping intended to 164 serve the area shall be sufficient to insure ensure adequate flow and pressure, based upon the size, 165 height, and density of the subject development. In addition, it shall be affirmatively determined 166 that the off-site utilities are sized to comply with the Master Comprehensive Utilities Plan of the 167 city; provided, however, that if said compliance requires any oversizing of the pipes or piping 168 necessary to serve the subject development, the developer (or developers) by joint written 169 agreement with the City shall finance the needed areas' off-site utilities to a capacity necessary to 170 serve the property of the developer (or developers) in accord with the master plan and; any 171 oversizing of said off-site utilities constructed in accord with the master plan shall be initially172 900 8-26-24-Final (SRW) Page 10 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. financed by the developer (or developers) unless, in response to the developer's request, the city 173 council commission agrees to fund the oversizing costs in an amount equal to the oversizing costs 174 plus fifteen (15) percent an administrative fee cost to be paid by the developer (or developers); 175 additionally provided that the owner may pay the costs of such oversizing with such costs to be176 accounted as a credit against the owner's capital facilities charge pursuant to section 30B-4(G) 177 hereof. In addition, the proposed system shall provide adequate fire prevention needs and adequate 178 safeguards in the proposed system to provide emergency service in the event of accidental 179 breakage and loss of pressure within said system as determined by the city.180 Section 7.Sec. 26-31. Financing.181 (a) Design by city. In all cases, developers and/or property owners will extend monies to the 182 city to cover the cost of initiating and designing all or any portions of the transmission, collection 183 and treatment facilities. This will be fifteen (15) fee will be established in the City’s fee schedule 184 and be based on a percent of the total estimated cost of any project as determined by the city's 185 engineers.186 …187 Section 8.Sec. 26-34. Capital facilities charges and connection charges.188 (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or 189 sewage service from systems owned or controlled by the city, the owner of such property shall pay 190 unto the city a the water and/or sewage capital facilities charge as follows: set forth in the City’s 191 fee schedule.192 901 8-26-24-Final (SRW) Page 11 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (1) Water:193 (a) Residential property located within the municipal limits of Boynton Beach. One 194 thousand one hundred twenty-two dollars ($1,122.00) Fee charged per equivalent dwelling unit. 195 “Equivalent dwelling unit” is defined as a unit of construction having the same water usage as a 196 one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of197 this calculation, contained within the property shall be determined in accordance with the schedule 198 set forth below in subparagraph (3) and the City’s fee schedule.199 (b) Nonresidential property located within the municipal limits of Boynton Beach. One 200 thousand five hundred seventy dollars and eighty cents ($1,570.80) Fee charged per three-quarter 201 inch by five-eighths inch (¾" x 5/8") meter equivalent (ME). The table below indicates for various 202 meter sizes the numbers of ¾" x 5/8" MEs and the charges.203 204 Meter Size ¾" x 5/8" ME Water Capital Facilities Charge Meter Size ¾" x 5/8" ME Water Capital Facilities Charge ¾" x 5/8"1.0 $1,570.80 1"2.5 $3,927.00 1-½"5.0 $7,854.00 2"8.0 $12,566.40 3"17.5 $27,489.00 4"31.5 $49,480.20 6"65.0 $102,102.00 8"140.0 $219,912.00 10"210.0 $329,868.00 205 (c) Residential property located beyond the municipal limits of Boynton Beach but within the 206 utility service area .One thousand four hundred three dollars ($1,403.00)Fee charged per 207 902 8-26-24-Final (SRW) Page 12 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. equivalent dwelling unit. “Equivalent dwelling unit” is defined as a unit of construction having the 208 same water usage as a one-bedroom single-family home, and the number of equivalent dwelling209 units, for the purpose of this calculation, contained within the property shall be determined in 210 accordance with the schedule set forth below in subparagraph (3) and the City’s fee schedule.211 (d) Nonresidential property located beyond the municipal limits of Boynton Beach but within 212 the utility service area .One thousand nine hundred sixty-two dollars and fifty cents ($1,962.50) 213 per three-quarter inch by five-eighths inch (¾" x 5/8") Fee charged per meter equivalent (ME). 214 The table below indicates for various meter sizes the numbers of ¾" x 5/8" MEs and the charges.215 Meter Size ¾" x 5/8" ME Water Capital Facilities Charge Meter Size ¾" x 5/8" ME Water Capital Facilities Charge ¾" x 5/8"1.0 $1,952.50 1"2.5 $4,906.25 1-½"5.0 $9,812.50 2"8.0 $15,700.00 3"17.5 $34,343.75 4"31.5 $61,818.75 6"65.0 $127,562.50 8"140.0 $274,750.00 10"210.0 $412,125.00 216 (2) Sewage:217 (a) Residential property located within the municipal limits of Boynton Beach. Six hundred 218 sixty-five dollars ($665.00) Fee charged per equivalent dwelling unit. "Equivalent dwelling unit" 219 is defined as a unit of construction generating the same amount ofsewage as a one-bedroom single-220 903 8-26-24-Final (SRW) Page 13 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. family home, and the number of equivalent dwelling units, for the purpose of this calculation, 221 contained within the property shall be determined in accordance with the schedule set forth below 222 in subparagraph (3) and the City’s fee schedule.223 (b) Nonresidential property located within the municipal limits of Boynton Beach. Nine 224 hundred thirty-one dollars ($931.00) per three-quarter inch by five-eighths inch (¾" x 5/8") Fee 225 charged per meter equivalent (ME). The table below indicates for various meter sizes the numbers 226 of ¾" x 5/8" MEs and the charges.227 Meter Size ¾" x 5/8" ME Sewer Capital Facilities Charge Meter Size ¾" x 5/8" ME Sewer Capital Facilities Charge ¾" x 5/8"10 $931.00 1"2.5 $2,327.50 1-½"5.0 $4,655.00 2"8.0 $7,448.00 3"17.5 $16,292.50 4"31.5 $29,326.50 6"65.0 $60,515.00 8"140.0 $130,340.00 10"210.0 $195,510.00 228 (c) Residential property located beyond the municipal limits of the City of Boynton Beach 229 but within the utility service area. Eight hundred thirty-one dollars ($831.00) Fee charged per 230 equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating 231 the same amount of sewage as a one-bedroom single-family home, and the number of equivalent232 dwelling units, for the purpose of this calculation, contained within the property shall be 233 904 8-26-24-Final (SRW) Page 14 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. determined in accordance with the schedule set forth below in subparagraph (3) and the City’s fee 234 schedule.235 (d) Nonresidential property located beyond the municipal limits of Boynton Beach but 236 within the utility service area.One thousand one hundred sixty-three dollars and seventy-five cents 237 ($1,163.75) per three-quarter inch by five-eighths inch (¾"x 5/8") Fee charged per meter 238 equivalent (ME). The table below indicates for the various meter sizes the numbers of ¾" x 5/8" 239 MEs and the charges.240 241 Meter Size ¾" x 5/8" ME Sewer Capital Facilities Charge Meter Size ¾" x 5/8" ME Sewer Capital Facilities Charge ¾" x 5/8"1.0 $1,163.75 1"2.5 $2,909.38 1-½"5.0 $5,818.75 2"8.0 $9,310.00 3"17.5 $20,365.63 4"31.5 $36,658.13 6"65.0 $75,643.75 8"140.0 $162,925.00 10"210.0 $244,387.50 242 Said capital facilities charge is designed to cover the cost of existing or additional raw water 243 production facilities, water treatment facilities, and water distribution facilities together with 244 sewage transmission facilities either existing or additions and improvements thereto, which will 245 be utilized by the city to provide water and sewer service to said property. Said capital facilities 246 charge shall be paid in full prior to the execution of the Health Department applications or approval 247 905 8-26-24-Final (SRW) Page 15 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. of the plans bythe Utilities Department or issuance of the first permit of the project on the owner’s 248 or development property or installation of the first water meter on the owner’s property, whichever 249 is achieved first, and shall be computed based upon the rate in effect upon that date.250 If oversizing funding has been carried out by a developer (or developers), that funding will 251 have a capital facility charge credited in an amount no greater than the oversizing charge portion 252 of the cost of original construction. Oversizing costs shall be defined to be the relative carrying 253 capacity of the oversized lines as constructed versus the carrying capacity of the minimum sized 254 lines that would have been required to serve the development (or developments) participating in 255 the funding.256 as follows:257 258 A.*B.C. Developer(s) Capital Facility Oversized Line Constructed Minimum Sized Lines Charge Credit as a Percent as Required by the Master Required to Serve of Costs Plan Participating Developer(s) (Col. A x Col. B Costs) 44.444%20 16 74.359 20 12 28.571 16 14 52.381 16 12 71.429 16 10 37.500 12 10 65.517 12 8 84.127 12 6 259 906 8-26-24-Final (SRW) Page 16 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. *From “equation of pipe chart attached as Exhibit A” to Ordinance Number 80-10, which 260 exhibit is set out following this division.261 If in providing water or sewer service to an owner or developer, the city utilizes a part or parts 262 of already installed city facilities that have been oversized pursuant to division 1 of this article, the 263 responsibilities of each developer receiving such service subsequent to the trunk line construction 264 agreement for connecting to a system that has been previously oversized, will be to pay the 265 proportional share (this developer(s) equivalent dwelling units as a percent of total equivalent 266 dwelling units to be served by the oversize pipe) of the total cost (engineering, construction, etc.) 267 of the system plus the following:268 (a) An adjustment equal to the engineering consumer price index increase, if any, since the 269 contract date of the construction of the oversizing.270 (b) An adjustment that represents the interest (assumed to be 9%) that the city would have 271 earned if the related capital facility charge credits were not given to the developer or developers 272 who funded the oversizing.273 (c) An adjustment that represents an administrative charge to the city for handling the 274 oversizing negotiations and procedures; the amount to be established in the City’s fee 275 schedulefifteen percent (15%).276 (d) Equivalent dwelling units capital facilities charge then in effect for water and sewer 277 services in accord with this chapter as amended.278 907 8-26-24-Final (SRW) Page 17 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Note: Example-Assume three (3) developers representing four thousand (4,000) equivalent 279 dwelling units require a twelve (12) inch line to serve them, and the three (3) developers jointly 280 agree with the city to fund a sixteen (16) inch line which will serve twelve thousand (12,000) 281 equivalent dwelling units. The three (3) developers will pay the entire cost of the installation of 282 the line, but would receive credits against capital facility charges for 52.318% of the cost of the 283 line divided among the three (3) developers according to their individual share of the four thousand 284 (4,000) units. Developers tying-in to the system at a later date would pay a cost per unit equal to 285 1/12,000 of the construction costs plus items (a), (b), (c), and (d) above.286 (3) The following tTables set forth in the City’s fee schedule shall be used to determine the 287 number of equivalent dwelling units and capital facilities charges for residential property with the 288 indicated number of bedrooms.:289 290 Single-Family Inside City Outside City # Bedrooms (Multiplier)Water Sewer Water Sewer 1 Bedroom Unit (1.0)$1,122.00 $665.00 $1,402.50 $831.25 2 Bedroom Unit (1.4)$1,570.80 $931.00 $1,963.50 $1,163.75 3 Bedroom Unit (1.8)$2,019.60 $1,197.00 $2,524.50 $1,496.25 4 Bedroom Unit (2.0)$2,244.00 $1,330.00 $2,805.00 $1,662.50 5 Bedroom Unit (2.2)$2,468.40 $1,463.00 $3,085.50 $1,828.75 291 Apartments Inside City Outside City # Bedrooms (Multiplier)Water Sewer Water Sewer 1 Bedroom Unit (0.8)$897.60 $532.00 $1,122.00 $665.00 2 Bedroom Unit (1.2)$1,346.40 $798.00 $1,683.00 $997.50 3 Bedroom Unit (1.6)$1,795.20 $1,064.00 $2,244.00 $1,330.00 292 908 8-26-24-Final (SRW) Page 18 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. For single-family dwellings with greater than five bedrooms, an additional 0.2 equivalent dwelling 293 units shall be added to the multiplier for each additional bedroom beyond five, and the capital 294 facilities charges shall be computed employing said multiplier.295 Any subdivision where each unit will be responsible for their own water will be classified under 296 single-family.297 Duplexes are classified under apartments and multiplied by the number of bedrooms. Example: if 298 three bedrooms per apartment, multiply the cost of three-bedroom apartment x 2.299 Mobile homes and trailers are classified as having one equivalent dwelling unit (per City 300 Ordinance 80-10) and are charged the same as a one-bedroom unit.301 (B) USE OF FUNDS. All revenues derived from the charges imposed by this section, in excess 302 of the sums required for actual reimbursement of costs for connection, shall be placed in a separate 303 capital improvement fund to be known and designated as Capital Improvement Account of the 304 Water and Sewers Utilities Fund, and shall be used only for the construction, acquisition, addition, 305 extension, renewal and replacement of water and sewage systems of the city, as appropriated from 306 time to time by the Commission. If funds are not available in this fund either through revenue from 307 capital facility charges or balance from bond issue, for the city to approve a project to extend water 308 and sewer systems, the developer may advance fees to the utility trust fund.309 (C) WATER CONNECTION CHARGE. When property receives water service from the city 310 facilities, the owner of such property shall pay unto the city a water connection charge, based upon 311 the size of the service line and meters, for the cost of making the tap into the city system, 312 909 8-26-24-Final (SRW) Page 19 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. installation of the service lateral and meters, together with the cost of the meters themselves. Said 313 water connection charge shall be provided by the city commission, as same shall from time to time314 be amended.315 (D) SEWER CONNECTION CHARGE. When property receives sewage service from the city 316 facilities and the owner of such property requests that the city install the service lateral and make 317 the actual tap into the city system, the owner shall pay to the city the total cost of all labor 318 performed and material supplied prior to the city performing such services.319 (E) CAPACITY RESERVATION FEES. Any person or property owner requesting a firm 320 reservation of water and/or sewage treatment capacity shall pay the city a reservation fee for said 321 capacity. The reservation fee is intended to equal the costs for financing the necessary capacity 322 and administering this program, and all revenues therefrom shall be placed in the capital 323 improvement fund described in this section. As such, tThe reservation fee is hereby shall be 324 established as denoted in the following table,in the City’s fee schedule for each year that capacity 325 is to be reserved.326 327 Type of Dwelling Conversion Factor No. of Equivalent Residential Units (ERU's) Annual Reservation Fee Type of Dwelling Conversion Factor No. of Equivalent Residential Units (ERU's) Annual Reservation Fee Residential: Single-family, per meter 1.0 $ 138.60 Apartment, per meter: 910 8-26-24-Final (SRW) Page 20 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. 5/8" x 3/4"1.0 138.60 1"2.9 401.94 2"9.8 1,358.28 Nonresidential, per meter: 5/8" x 3/4"1.4 194.04 1"5.7 790.02 1½"8.7 1,205.82 2"15.2 2,106.72 3"37.4 5,183.64 4"59.5 8,246.70 6"232.1 32,169.06 328 In cases where the required information is not available in sufficient detail to apply the above329 calculate the capacity reservation fee, a projected flow or demand for the project, certified by a 330 professional engineer registered in the State of Florida, shall be required. One (1) ERU shall then 331 be equivalent to three hundred eighty-six (386) gallons per day of flow or demand.332 The reservation fee shall be due and payable at any of the following instances, whichever 333 occurs first:334 (1) At time of concurrency review and certification; or335 (2) Upon request for written confirmation of capacity reservation; or336 (3) Upon request for the utilities director's signature on department of health and rehabilitative 337 services or department of environmental regulation permit applications for water and/or sewer 338 main extensions; or339 (4) Upon issuance of a development order by the city; or340 (5) Upon renewal of an existing development order by the city.341 911 8-26-24-Final (SRW) Page 21 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Reservation fees shall serve to reserve capacity for a period not to exceed one (1) year. If the 342 property owner has not paid all applicable capital facilities charges prior to expiration of the 343 reservation fees, then the fees must be renewed at the rate in effect at that time. Reservation fees 344 are not refundable for any portion of the year during which construction occurs.345 The property owner, may, at his discretion, pre-pay all required capital facilities charges in lieu 346 of paying reservation fees. In such instances, firm capacity would be reserved indefinitely without 347 need for annual renewal.348 Section 9.Sec. 26-44. Penalties.349 Violation of any provision of this article shall be subject to the following penalties: set forth in the 350 City’s fee schedule.351 First violation: twenty-five dollars ($25.00)352 Second and subsequent violations: Fine not to exceed five hundred dollars ($500.00) and/or 353 imprisonment in the county jail not to exceed sixty (60) days354 Each day in violation of this article shall constitute a separate offense. In the initial stages of a 355 water shortage or water shortage emergency, law enforcement officials may provide violators with 356 no more than one (1) written warning. The city, in addition to the criminal sanctions contained 357 herein, may take any other appropriate legal action, including but not limited to emergency 358 injunctive action, to enforce the provisions of this article.359 912 8-26-24-Final (SRW) Page 22 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 10.Sec. 26-46. Year-round landscape irrigation conservation measures.360 …361 (g) Penalties.362 (1) Violation of any provision of this section shall be subject to the following penalties: set 363 forth in the City’s fee schedule.364 a. For the first violation, by a fine not to exceed $50;365 b. For a second violation, by a fine not to exceed $150; and366 c. For a third violation, by a fine not to exceed $250 and by termination of water367 service to the premises until the violation is corrected.368 …369 Section 11:Sec. 26-126. Written permit to be obtained, application, inspection fee.370 Before the commencement of construction of a private sewage disposal system, the owner shall 371 obtain a written permit signed by the authorized city official. The application for the permit shall 372 be made on a form furnished by the city, which the applicant shall supplement by with any plans, 373 specifications, and other information as are deemed necessary by the authorized city official. A 374 permit and inspection fee of $50 shall be paid to the city at the time the application is filed.375 Section 12.Sec. 26-162. User charges; wholesale sewer rates; calculation of sewer 376 surcharge.377 …378 (c) Calculation of sewer surcharge.379 913 8-26-24-Final (SRW) Page 23 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. …380 (2) The surcharge will be added to the sewer rate set forth in the City’s fee schedule to develop 381 the monthly cost per customer. As an example of sewer charge calculations utilizing sewer rate 382 and the strength surcharge formula, assume the following with respect to Ajax Manufacturing 383 Company: total monthly flow of 100,000 gallons; COD of 900 mg/l; BOD5 of 500 milligrams per 384 liter; total suspended solids of 900 milligrams per liter; for example purposes, Prevailing monthly 385 sewer rate is $1.52 per 1,000 gallons.386 …387 388 Section 13.Sec. 26-164 Industrial cost recovery system.389 …390 (b) The annual cost recovery is as follows: for the391 (1) SIU Industrial Permit Fee—$500 plus monitoring costs.392 (2) or Commercial/Industrial User Fee—$50 plus monitoring costs. shall be set forth in the 393 City’s fee schedule.394 Permit fees, commercial/industrial user fees, and related monitoring costs reimbursements 395 must be paid within 30 days of permit issuance or receipt of monitoring cost recovery notice.396 Commercial/industrial user fees will be billed as a new line item on the prevailing water/sewer 397 bill prorated over a period of 12 months, but billed monthly; a monthly payment of $4.17 will be 398 with a service charge added to the prevailing water/sewer bill.399 914 8-26-24-Final (SRW) Page 24 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. …400 Section 14.Sec. 26-177. Penalties.401 Failure to comply with any Chapter 26 ordinances that relate to the actual and/or potential 402 introduction of prohibited and/or restricted effluents into the sanitary sewer system requires 403 penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section 404 403.8(f)(l)(vi)(A), requireswhich establishes minimum penalties in at least the amount of 405 $1,000.00 per day per violation which goes uncorrected.406 (a) Any user who is found to have violated an order of the city or who fails to comply with any 407 provision of this chapter for which another penalty is not provided, and the orders, rules, and 408 regulations issued hereunder, shall be penalized in at least the amount set forth in the City’s fee 409 schedule of $1,000 per day for each offense. Each day on which a violation shall occur or continue 410 shall be deemed aseparate and distinct offense. Such fines shall be assessed on a per violation, per 411 day basis. In the case of monthly or other long-term average discharge limits, fines shall be 412 assessed for each day during the period of violation. A lien against the user's property will be 413 sought for unpaid charges, fines, and penalties. In addition to the penalties provided herein, the 414 citymay recover all reasonable attorneys' fees, court costs, court reporters' fees, and other expenses 415 of litigation by appropriate motions or suit at law against the user or person found to have violated 416 this chapter or the orders, rules, regulations, and permit issued hereunder.417 (b) Penalties for continuing violations. Any person who shall continue any violation beyond 418 the time limit provided for in Section 26-166(a) shall be guilty of a violation, and on conviction 419 915 8-26-24-Final (SRW) Page 25 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. thereof, shall be penalized in the amount not exceeding $5,000 up to the maximum amounts set 420 forth in the City’s fee schedule for each offense. Each day in which any violation shall continue 421 shall be deemed a separate offense.422 (c) Whoever violates Section 26-171 shall, upon conviction, be punished by a fine in at least 423 the amount of $1,000the minimum amounts set forth in the City’s fee schedule or byimprisonment 424 for not more than 60 days, or by both.425 …426 Section 15.Sec. 26-404. Billing and payment; penalties.427 …428 (b) For properties normally receiving monthly utility bills for other services, the stormwater 429 utility fee shall be included in the monthly utility bill rendered to the established customer. At the 430 discretion of the Utility city Finance Director, fee waivers for short-term inactive utility accounts 431 accruing fees of $10 or less than the amount established in the City’s fee schedule in a six-month 432 period may be made for purposes of administrative convenience.433 …434 Section 16.Sec. 26-406. Capital contributions.435 Procedures and standards developed by the Utility Director shall define appropriate means by 436 which to optimize development capital contributions in the implementation of basic specific 437 stormwater systems. These basic specific capital contributions shall take the form of “fee-in-lieu-438 916 8-26-24-Final (SRW) Page 26 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. of” or “availability charges”. Each situation will be analyzed by the Utility Director, and a specific439 written decision will be developed. The application is defined as follows:440 …441 (3) The “fee-in-lieu-of” capital contribution for properties redeveloping within the Downtown 442 Stormwater Improvement Watershed, and utilizing the installed stormwater treatment and/or 443 conveyance facilities within that watershed, shall be levied in accordance with the City’s fee 444 schedule. as follows:445 a. Capital cost per impervious square foot for Water Quality $2.05446 b. Capital cost per impervious square foot for Water Quantity $0.18447 c. Total Capital cost per impervious square foot for Water Quality and Quantity $2.23448 This fee shall be paid prior to the issuance of a building permit for new construction and/or 449 redevelopment in the Downtown Watershed.450 Section 17.Sec. 26-408. Stormwater utility enterprise fund.451 There shall be established a stormwater utility enterprise fund for the deposit of all fees and 452 charges collected by the stormwater utility. These funds shall be for the exclusive use of the city's 453 stormwater management utility, including, but not limited to, the following:454 …455 (4) Administrative costs associated with the management of the stormwater utility fee. A 456 maximumamount established in the City’s fee scheduleof $2,000may betransferred to the general 457 fund annually for administrative costs.458 917 8-26-24-Final (SRW) Page 27 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. …459 Section 18.Sec. 26-210. Fees and permits.460 The city shall levy a fee for testing (and re-testing as necessary) all devices (including backflow 461 devices) based upon program cost administration, as set forth in the City’s fee schedule. shown in 462 Fee Schedule A:463 FEE SCHEDULE A 464 465 466 Type of Unit Fee Type of Unit Fee Reduced pressure backflow preventer Annual test $50.00 Each re-test due to failure $50.00 Double check valve assembly Annual test $50.00 Each re-test due to failure $50.00 Pressure vacuum breaker Annual test $50.00 Each re-test due to failure $50.00 5/8" Temporary Construction Meter w/ Backflow Annual test $50.00 Deposit $200.00 Penalty for Nonread/month $150.00 467 918 8-26-24-Final (SRW) Page 28 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. NOTE: For billing purposes, units mounted in parallel on a single service line or fire line will 468 be considered as one unit. Other units at the same site, but on separate lines, will be billed as 469 separate units.470 Section 19.Sec. 26-212. Penalties.471 …472 (b) Any person who violates any of the provisions of this article shall be liable to the city for 473 all costs and damages incurred by the city as a proximate result of such violation plus a fine up to 474 five hundred dollars ($500.00)per daynot to exceed the amount set forth in the City’s fee schedule.475 Section 20.Conflicts.That all Ordinances, parts of Ordinances, Resolutions, or 476 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict.477 Section 21.Severability. If any clause, section, or other part of this Ordinance shall be 478 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 479 or invalid part shall be considered eliminated and in no way affect the validity of the other 480 provisions of this Ordinance.481 Section 22.Codification.It is the intention of the City Commission of the City of 482 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall 483 become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, 484 and that Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may 485 be changed to “Section,” “Article,” or such other word or phrase in order to accomplish such 486 intention. 487 919 8-26-24-Final (SRW) Page 29 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 23.Effective Date.That this Ordinance shall take effect immediately 488 upon passage.489 490 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)491 920 8-26-24-Final (SRW) Page 30 of 30 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2024.492 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2024.493 CITY OF BOYNTON BEACH, FLORIDA494 YES NO495 496 Mayor – Ty Penserga _____ _____497 498 Vice Mayor – Aimee Kelley _____ _____499 500 Commissioner – Woodrow L. Hay _____ _____501 502 Commissioner –Angela Cruz _____ _____503 504 Commissioner – Thomas Turkin _____ _____505 506 VOTE ______507 ATTEST:508 509 _____________________________510 Maylee DeJesús, MMC Ty Penserga511 City Clerk Mayor512 513 APPROVED AS TO FORM:514 (Corporate Seal)515 516 517 Shawna G. Lamb518 City Attorney519 921 City of Boynton Beach Agenda Item Request Form 10.F Regular Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Discussion regarding youth student attendance at a National League of Cities Conference, sponsored by the City. Requested Action: Requested by Commissioner Woodrow L. Hay. Explanation of Request: Commissioner Woodrow L. Hay requested city staff look into youth attendance at a National League of City Conference as a discussion item for the City Commission. Preliminary information yields the following cost to attend (City Congressional Conference in Washington, DC March 10-12, 2025): - Youth Member and Chaperone Registration- $300.00 Per Person (Special Attendee Conference Rate) - Hotel (Marriott Marquis-) 3-4 nights: Approx. $500 Nightly Rate - Airfare: Fort Lauderdale (FLL) to Washington, DC (DCA): Approx. $250.00 Per Person - Meals- based on a pier diem at $25, Appox. $150 Per Person Estimated cost per student = $1,700 Estimated cost per Chaperone = $1,700 Total estimated cost = $3,400 How will this affect city programs or services? Youth attendance at a National League of Cities Conference will not affect current City programs or services. Fiscal Impact: There is no fiscal impact to the budget at this item. 922 City of Boynton Beach Agenda Item Request Form 10.G Regular Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Update on ARPA Funds. Requested Action: Requested by Mayor Penserga. Explanation of Request: Requested by the City of Boynton Beach honorable Mayor Ty Penserga. How will this affect city programs or services? The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by American Rescue Plan Act (ARPA), delivered $350 billion to state, territorial, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. The City of Boynton Beach have been awarded $13,647,904 in ARPA Funds. Fiscal Impact: No fiscal impact for FY 2023/2024. Attachments: ARPA UPDATE- City Commission 08-12-24.pdf Commission Presentation ARPA Funds Update (Sept. 3, 2024).pptx 923 State and Local Fiscal Recovery Funds ‐ARPARevenues:1st Disbursement  07/14/2021 6,823,952.00$        2nd Disbursement 08/10/2022 6,823,952.00$        Total Funding 13,647,904.00$      Expenses:(1) To  obligate by December 2024(2) To spend by December 2026Project NameProject  ID #UPDATE Adopted Budget (1)Total ObligationsACTUALS Projects Balance (2)Notes1Vaccine Incentive Services AR2104 295,996.16$              $295,996.16 $292,656.46 $3,339.70Project  completed. $294,656.46 in accounts.  $2,000 will be reduced in thiscategory for the vaccine gift cards that were not  used and were deposit in the ARPA bank account. 2Tutoring Program AR2102 28,624.49$                $28,624.49$28,624.49$0.00Project completed3Wellness Program AR2103 75,000.00$                $75,000.00 $67,237.00 $7,763.00Completed 50 or more. We need confirmation that the project is completed.4Premium Pay AR2203 1,600,500.00$           $1,600,500.00$1,576,500.00$24,000.00Add $18,362.20 to Premium Pay if eligible . Project completed.5Administrative Costs AR2201 697.50$                      $697.50 $697.50 $0.00Project completed. Extra expenses of $18,632 we are identifying to see if we can add to Premium Pay6Pathways to Prosperity R21‐131 75,000.00$                $75,000.00$38,872.09$36,127.91Need update regarding project completion.7Affordable Housing Study AR2101 29,640.00$                $29,640.00$29,640.00$0.00Project completed 8Title I Enrichment Programs AR2209 910,000.00$              $910,000.00$52,197.50$857,802.50Project in process.9Wells Landing Affordable Housing AR2202 500,000.00$              $500,000.00$500,000.00$0.00Project completed.10Revenue Replacement 5960002823,600,000.00$           $3,600,000.00$3,600,000.00$0.00To update in next report. Standard allowance accepted up to 10M11Small Business Assistance Grants AR2302 350,000.00$              $350,000.00$350,000.00$0.00Project completed.12Veteran's Relief Fund AR2303 50,000.00$                $50,000.00$50,000.00$0.00Project completed.13Internship Program AR2301 350,000.00$              $350,000.00$350,000.00$0.00Project completed14Art  Cultural Center Improvements AR2304‐$                            $99,598.05 $0.00 $0.00Deleted $750,000 ‐ move to Revenue Loss15Legal Fees for Wells Landing AR2299 500,000.00$              $360.00$86,623.76$413,376.24Need informaiton of project completion. TOTAL EXPENSES8,365,458.15$           $7,023,048.80$1,342,409.35(Including 3.6M Revenue Loss)Actuals7,023,048.80$     Grant  Balance (2)6,624,855.20$     TOTAL FUNDING 13,647,904.00$   Revenue LossRevenue Loss 1st obligation 3,600,000.00$        Revenue Loss 2nd obligation 5,282,445.85$        To add to Revenue loss and obligate by 12/31/2024Total Revenue Loss $8,882,445.85924 Fiscal Year 23/24ARPA Funds Update, September 3, 2024 Dan Dugger City Manager Peter Kajokas Finance Director Mirna Crompton Grants Manager 1 925 State and Local Fiscal Recovery Funds – ARPA •Distributions: •1st Tranche on 07/14/2021 $6,823,952 •2nd Tranche on 08/10/2022 $6,823,952 Total ARPA funds received 13,647,904 •City of Boynton Beach is Tier 2 reporting category, Metropolitan city with a population below 250,000 residents that are allocated more than $10 million in SLRRF funding 2 926 ARPA Funds Reporting Deadlines 3 ARPA Funds have to be obligated by December 31st, 2024. Remaining funding will be lost if not obligated by the deadline. ARPA Funds have to be expensed by December 31st, 2026. If not expensed by the deadline the funds have to be remitted back to US Treasury. 927 ARPA Fund Update as of 2nd Quarter 2024 •Total number of projects: As of the 2nd Quarter of 2024 Boynton Beach has 14 projects obligated on US Treasury portal in the amount of $8,365,458.15. •Total actual expenditures for these projects is $7,023,048.80. •Remaining ARPA funds are $5,282,445.85. 4 928 ARPA Funds Reconciliation as of 6/30/2024 5 929 Questions 6 930 City of Boynton Beach Agenda Item Request Form 10.H Regular Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Update on funds from the settlement with Town Square. Requested Action: Requested by Mayor Penserga. Explanation of Request: Summary of the City of Boynton Beach litigation settlement for Town Square is attached. The City has received in FY 22/23 payment of $4,500,000 in settlement plus $100,000 in attorney fees. Which was deposited in as follows: $2,650,921.60 into General Fund account # 001-0000-369-37-00. $1,849,078.40 into General Government Capital Improvement Fund account # 302- 0000-369-37-00. How will this affect city programs or services? Funds became part of existing Fund Balance for each fund. The General Fund balance is approximately $32 million, which includes the settlement money. The General Government CIP Fund Balance is approximately $3 million, which includes the settlement money. Fiscal Impact: $2,650,921.60 into General Fund account # 001-0000-369-37-00. $1,849,078.40 into General Government Capital Improvement Fund account # 302- 0000-369-37-00. Attachments: Town Square Settlement Summary.pdf 931 City of Boynton Beach Town Square Settlement Date (on Bank Statement)Amount GL Acct Comments Wire-in 4/24/2023 4,500,000$ $2,650,921.60 001-0000-369-37-00 // $1,849,078.40 302-0000-369-37-00 Goren, Choref, Doody, Ezrol 6/20/2023 32,122$ 001-0000-369-37-00 Goren, Choref, Doody, Ezrol // Litigation Incentive 9/1/2023 23,063$ 302-0000-369-37-00 JKM BTS INVESTMENT // Litigation Incentive 2/9/2024 24,482$ 001-0000-369-37-00 JKM BTS INVESTMENT // Litigation Incentive 5/15/2024 8,334$ 001-0000-369-37-00 JKM BTS INVESTMENT // Litigation Incentive 7/22/2024 11,999$ 001-0000-369-37-00 JKM BTS INVESTMENT // Litigation Incentive Total 4,600,000$ 932 City of Boynton Beach Agenda Item Request Form 10.I Regular Agenda 09/ 3/2024 Meeting Date: 09/ 3/2024 Discussion regarding infrastructure, specifically paving in the City. Requested Action: Requested by Commissioner Turkin and Commissioner Cruz. Attachments: Commission Presentation Template.pptx 933 Pavement AssetManagement Strategic Plan FY’24-’25 Road Surfacing & Neighborhood Improvement Projects 1 934 Planning Tool-ArcGis-15 Yr Road Restoration Platform •Paving Data & Mapping Platform are Updated as each project is completed •Sidewalk Data & Mapping is updated with restoration year and comments •ADA features are added to maps and data base w/ restoration date •Facilitates filters of view by road score on mapping tools so we can focus on worst first •Makes determinations for priorities for complete neighborhoods •Coordinate with Utility Department to avoid conflicts and redundant efforts ArcGis - Road App Dashboard 2 935 Road Resurfacing and Neighborhood Project Priorities - (No Utility Conflicts) • Rolling Green Neighborhood $ 1.1M • SE 3 rd St $600K Rolling Green SE 3rd St.3 936 4 Road Resurfacing and Neighborhood Project Priorities - (No Utility Conflicts) cont’d • Sky Lake Neighborhood $ 1.4M • Seacrest Heights $1.3MK Sky Lake Seacrest Heights 937 5 Road Resurfacing and Neighborhood Project Priorities - (No Utility Conflicts) cont’d • Meadows Neighborhoods $ 1.1M • Chapel Hill $600K (Partial) Meadows Neighborhoods Chapel Hill 938 6 Road Resurfacing and Neighborhood Project Priorities – (with Utility Conflicts) • Golfview Harbor (Remaining Areas)$ 780K • Chapel Hill (Remaining Areas)$1.578M • Ridgewood Hills & Ridgewood Manors $970K Ridgewood Hills Ridgewood Manor 939 7 THANK YOU & QUESTIONS 940 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516634941 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516635942 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516636943 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516637944 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516638945 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516639946 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516640947 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516641948 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516642949 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516643950 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516644951 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C45251608/14/2024 | 5:22 PM EDT645952 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516646953 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516647954 Docusign Envelope ID: 1757093F-613E-4E0D-BB62-FA517C452516648955