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Agenda 09-23-24The City of Boynton Beach City Commission Agenda Monday, September 23, 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 Final Budget Hearing *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. 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). *Presenters, Consultants, and Subject Matter Experts (SME) may join at any time with prior approval. 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 Pastor Bryce Hutson, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. 3 3.Announcements, Community and Special Events And Presentations A.Proclamation- 76th Anniversary of Boynton Beach Kiwanis. B.Announcement by Boynton Woman's Club Board Members, Christie Hintz and Barbara Erlichman, of the 100th Birthday Celebration of the Addison Mizner designed Historic Woman's Club. 4.Public Audience 5.Administrative A.Advisory Board Appointments. 6.Consent Agenda A.Proposed Resolution No. R24-206- Approve and authorize the Mayor to sign Community Development Block Grant (CDBG) sub award agreements with Pathways to Prosperity, Inc., Boynton Beach Faith Based Community Development Corporation, Inc., and Legal Aid Society of Palm Beach County, Inc., as adopted by Resolution No. R24-165 for CDBG FY2024 one-year Annual Action Plan. B.Proposed Resolution No. R24-207- Approve the City of Boynton Beach State Housing Initiative Partnership (SHIP) Program Annual Report for FY2021-2022 and Local Housing Incentives Certification. C.Proposed Resolution No. R24-208- Approve the auction of the surplus vehicles/equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneer JJ Kane Auctioneers. D.Proposed Resolution No. R24-209- Approve the full release of surety and authorize the return of the performance bond (No. PB12270900120) to the developer (Isram Riverwalk LLC) for the project known as Riverwalk Plaza (Project No.19-2505). E.Proposed Resolution No. R24-210- Approving a template Facility Use Agreement for entities desiring to use City spaces for meetings, programs, and/or events. Read and present the proclamation to Thomas Ramiccio, commemorating September 2024 as the 76th Anniversary of Boynton Beach Kiwanis. Allow Board Member to announce the celebration. 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). City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Staff recommends approval of Proposed Resolution No. R24-206. Staff recommends approval of Proposed Resolution No. R24-207. Staff recommends approval of Proposed Resolution No. R24-208. Staff recommends approval of Proposed Resolution No. R24-209. Staff recommends approval of Proposed Resolution No. R24-210. 4 F.Proposed Resolution No. R24-211- Approve the renewal of insurance policies for flood insurance coverage with Wright Flood for the policies with effective dates of September 24, 2024, and September 27, 2024. G.Proposed Resolution No. R24-212- Amend the location from Ocean Avenue to Little League Park- Field 3 for the Energy Efficiency and Conservation Block Grant in the amount of $134,990 offered by the Department of Energy. H.Proposed Resolution No. R24-213- Authorizing the Mayor to sign releases of code enforcement liens. I.Proposed Resolution No. R24-214- Approving and authorizing the mayor to sign a Mural Artist Agreement with Blythe Armstrong for a visual art design entryway feature for the Historic Barton Cemetery as part of the Unity Project in an amount not to exceed $5,000. J.Proposed Resolution No. R24-215- Approve Permit Application, Notice of Commencement, and Permission to Install forms submitted by Fast Signs - Lake Worth, to install a Monument Sign in front of the Boynton Beach Arts & Cultural Center. K.Proposed Resolution No. R24-216- Approving the conditional settlement and release in the amount of $100,000 for the resolution of Kathryn Matos v. City of Boynton Beach, EEOC Charge No. 510-2024 and related claims. L.Approve the renewal and annual expenditure for the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities under $100,000. M.Commission Meeting Minutes. 7.Consent Bids and Purchases over $100,000 A.Approve the renewal and annual expenditure for the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities over $100,000. Staff recommends approval of Proposed Resolution No. R24-211. Staff recommends approval of Proposed Resolution No. R24-212. Staff recommends approval of Proposed Resolution No. R24-213. Staff recommends approval of Proposed Resolution No. R24-214. Staff recommends approval of Proposed Resolution No. R24-215. Staff recommends approval of proposed Resolution No. R24-216. Staff recommends approval of the renewal and annual expenditure for the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities under $100,000. Approve minutes from the August 20, 2024 and September 3, 2024 City Commission Meetings. Staff recommends approval of the renewal and annual expenditure for the one-year 5 B.Proposed Resolution No. R24-217- Approve a piggyback agreement with GT Supplies, Inc., for the repair and maintenance of Solid Waste and Recycling equipment for commercial customers containers with an annual expenditure not to exceed $250,000, utilizing City of West Palm Beach Contract ITB 22-23-111MK. C.Proposed Resolution No. R24-218- Approve an increase to the annual expenditure of the agreement between the City of Boynton Beach and Blue Marlin Investments d/b/a Cayco Landscaping from $340,000 to a total annual amount of $418,000. D.Proposed Resolution No. R24-219- Approve a First Amendment to the Piggyback Agreement with ErgoFlex Systems, Inc., d/b/a Xybix Systems, Inc., for the second phase of renovation and upgrading of the Boynton Beach Police Department's Communications Center, 2080 High Ridge Road, in an amount not to exceed $135,207.32. E.Proposed Resolution No. R24-220- Approve a Piggyback Agreement with Municipal Emergency Services, Inc., utilizing Lake County, FL, Contract #22-730G, for Fire Equipment, Supplies, and Services for an annual amount not to exceed $160,000. 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. A.Proposed Resolution No. R24-221- Adopt the Final millage rate for the General Fund for Fiscal Year 2024-2025. Proposed Resolution No. R24-222- Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2024-2025. B.Proposed Resolution No. R24-224- Ratifying Resolution No. R24-192 adopted on September 3rd, 2024 for the Fire Assessment Fee of $145 for fiscal year 2024-2025. C.Proposed Ordinance No. 24-012- Second Reading- 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 all employment-related contracts on behalf of the City; providing for codification, severability, conflicts, and an effective date. extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities over $100,000. Staff recommends approval of Proposed Resolution No. R24-217. Staff recommends approval of Proposed Resolution No. R24-218. Staff recommends approval of Proposed Resolution No. R24-219. Staff recommends approval of Proposed Resolution No. R24-220. Staff recommends approval of Resolution No. R24-221 and Resolution No. R24-222. Staff recommends the approval of Proposed Resolution No. R24-224. Staff recommends approval of Proposed Ordinance No. 24-012, on second reading. 6 D.Proposed Ordinance No. 24-017- Second Reading- An Ordinance of the City Commission of 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. E.Proposed Ordinance No. 24-019- Second Reading - An Ordinance of the City Commission of the City of Boynton Beach, Florida, 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. F.Approve Development Order request for Major Site Plan Modification (MSPM- 2024.05.46183) application for the Ezell Hester Jr. Community Park. 9.City Manager’s Report A.Receive update on the status of future agenda items. 10.Regular Agenda A.Proposed Resolution No. R24-223- Ratification of FY 24-25 CRA Budget. B.Discussion and review of draft cleanliness plan. C.Discussion regarding RFP for Speed Detection Camera System for School Zones. 11.Future Agenda Items A.Discussion regarding adding a Sister City from Ireland. - October 1, 2024 B.Update on upgrades to water treatment plants to meet future drinking water regulations.- October 15, 2024 C.Discussion regarding Artificial Turf Ordinance.- October 15, 2024 Staff recommends approval of Proposed Ordinance No. 24-017, on second reading. Staff recommends approval of Proposed Ordinance No. 24-019, on second reading. Approve Development Order for a Major Site Plan Modification (MSPM- 2024.06.52187) for the Ezell Hester Jr. Community Park to construct a 17,500 square foot airnasium over the existing basketball court. In order to provide the City Commission and public up to date information with respect to future agenda items, staff have initiated a tracking sheet for all future agenda items. Attached is the updated tracking sheet as of September 17th, 2024. Staff recommends approval of Proposed Resolution No. R24-223. Requested by Mayor Penserga Discuss and review updates related to the procurement of Speed Detection Camera Systems for School Zones. Also, discuss an alternative option of a contract amendment with ATS/Verra to include a Speed Detection Camera System for School Zones and extend the existing contract. Requested by Vice Mayor Kelley. Requested by Mayor Penserga. 7 D.Discussion regarding Rapid Re-housing Program.- October 15, 2024 E.Discussion regarding additional digital signs. - November 4, 2024 F.Discussion regarding City entry way signage. - November 4, 2024 G.Discussion regarding Procurement Policies and Procedures, including local business preference. - December 3, 2024 H.Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga I.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz J.Discussion regarding Hazard Pay for Community Standards.- Pending meeting with Commissioner Cruz K.Discussion regarding requirements for Advisory Board Appointments.- Pending meeting with Vice Mayor Kelley 12.Adjournment Requested by Commissioner Turkin. Requested by Mayor Penserga. Requested by Commissioner Hay. Requested by Mayor Penserga. Requested by Mayor Penserga and Commissioner Cruz. Requested by Mayor Penserga. Requested by Commissioner Cruz. Requested by Commissioner Cruz. 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. 8 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 09/23/2024 Meeting Date: 09/23/2024 Proclamation- 76th Anniversary of Boynton Beach Kiwanis. Requested Action: Read and present the proclamation to Thomas Ramiccio, commemorating September 2024 as the 76th Anniversary of Boynton Beach Kiwanis. How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: 76th Anniversary of Boynton Beach Kiwanis.docx 9 Proclamation WHEREAS,Kiwanis is a global organization of volunteers dedicated to improving the world one child and one community at a time. The Kiwanis motto is “serving the children of the world”, and; WHEREAS,The Boynton Beach Kiwanis has been serving the needs of underprivileged children since 1948. The Boynton Beach Kiwanis is proud of its current service projects: two “Reading Oasis” at our elementary schools, Poinciana Elementary & Rolling Green Elementary. Here children can take a book, read it, and take it home forever. Boynton Kiwanis partners with scholastic books so that it is at no cost to the children, and; WHEREAS,Boynton Kiwanis is proud of our service projects with the City of Boynton Beach. In 2020 & 2021 Kiwanis funded swimming lessons for children at the Denton Pool. Drowning is the #1 preventable cause of death for children under 5 years of age. We financially support “shop with the cops” annually, and assist in serving hotdogs and the packing of the toys. Each month we pack and sort donated food with Cros Ministries to be distributed to food pantries throughout our community, and; WHEREAS, Kiwanis has leadership development/service programs in every level of our school system. In our Elementary School we have “K-Kids” this is the beginning of teaching our youth about community service. In Middle school we have “Builders Club”, in High School we have Key Club, which in Florida is the largest student led service club in the world. In Florida we have 22,000 high schoolers serving our communities, and; WHEREAS,Boynton Kiwanis meets every Tuesday at Cracker Barrel, and; NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby commemorates and honors September 2024 as: The 76th Anniversary of Boynton Beach Kiwanis IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 23rd day of September, Two Thousand Twenty-Four. Ty Penserga, Mayor ATTEST: Maylee De Jesús, MMC, City Clerk 10 City of Boynton Beach Agenda Item Request Form 3.B Announcements, Community and Special Events And Presentations 09/23/2024 Meeting Date: 09/23/2024 Announcement by Boynton Woman's Club Board Members, Christie Hintz and Barbara Erlichman, of the 100th Birthday Celebration of the Addison Mizner designed Historic Woman's Club. Requested Action: Allow Board Member to announce the celebration. Explanation of Request: Board members from the Boynton Woman's Club requested the opportunity to announce the 100 Year Birthday Celebration of the Historic Boynton Woman's Club to City Commission and the general public. How will this affect city programs or services? This will bring positive attention to the Historic Boynton Woman's Club Organization and Building. Fiscal Impact: N/A 11 City of Boynton Beach Agenda Item Request Form 5.A Administrative 09/23/2024 Meeting Date: 09/23/2024 Advisory Board Appointments. Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The City Clerk's Office has received applications from City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Advisory_Board_Appointments_Reappointments_and_Applicants_for_September 23, 2024.docx Nelson, London - AHAC.pdf Anepete, Veronica - Library Board.pdf Coccoli, Beverlee - Library Board.pdf Davis, Aron- Library Board.pdf Hampar, Joanne - Library Board.pdf Henry, Verna - Library Board.pdf Lang, Christine - Library Board.pdf Lee, Bill - Library Board.pdf Madhav, Harish - Library Board.pdf McGill, Jane - Library Board.pdf Mitchell, Donna - Linbrary Board.pdf Owen, Malissa - Library Board.pdf Watts, Elizabeth - Library Board.pdf 12 Shelton, Rebecca - Senior Advisory Board.pdf 13 Advisory Board Vacancies September 23, 2024 Affordable Housing Advisory Committee 3 Year Term Mayor Penserga Citizen actively engaged as a for-profit provider of affordable housing Vice Mayor Kelley Citizen engaged as Real Estate Professional in Affordable Housing Applicant:London Nelson Seeking 2nd term as citizen engaged as Real Estate Professional in Affordable Housing Art Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Regular Vacant II Turkin Regular Vacant Applicants:None Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Replaces Daniel Berger – 2 nd term expired Vice Mayor Kelley Regular Replaces Paul Bortz – 2 nd term expired I Cruz Regular Replaces Timothy Dornblaser – 2 nd term expired II Hay Regular Replaces Sanford Guritzky – 2 nd term expired III Turkin Regular Vacant Mayor Penserga Regular Vacant Vice Mayor Kelley Alternate Vacant I Cruz Alternate Vacant Applicants:None Education and Youth Advisory Board Regular Member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms Vice Mayor Kelley Regular Vacant Applicants:None Employees’ Pension Plan Board of Trustees Vice Mayor Kelley Member Employee Representative (Non-Bargaining) I Cruz Member Employee Representative (Non-Bargaining) Applicants: None Historic Resources Preservation Board – Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Alternate Replaces Victor Norfus – did not apply for 2 nd term I Cruz Alternate Vacant Applicants:None Library Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Replaces George Feldman – 2 nd term expired Vice Mayor Kelley Regular Vacant 14 Advisory Board Vacancies September 23, 2024 I Cruz Alternate Vacant II Hay Alternate Vacant Applicants: Verna Henry Donna Mitchell Beverlee Coccoli Aron Davis Jane McGill Harish Madhav Joanne Hampar Bill Lee Malissa Owen Christine Lang Elizabeth Watts Veronica Anepete Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Vacant Vice Mayor Kelley Alternate Vacant I Cruz Alternate Vacant Applicants:None Senior Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms II Hay Regular Vacant III Turkin Regular Vacant Mayor Penserga Alternate Vacant Vice Mayor Kelley Alternate Vacant Applicant:Rebecca Shelton 15 This Message Is From an External Sender This message came from outside your organization. From:City Clerk To:Stanzione, Tammy; De Jesus, Maylee Subject:FW: Advisory Board Appointment application Date:Wednesday, August 21, 2024 9:20:12 AM Attachments:Nelson,London_Resume_.docx From: london <noreply@123formbuilder.com> Sent: Wednesday, August 21, 2024 9:11 AM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 08/21/2024 Name London Nelson Phone number 404-974-7826 Address 1811 Renaissance Commons Blvd #2606 Boynton Beach fl 33426 United States Email london@ londonvnelson. com Current occupation or, if retired, prior occupation RealtorZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Today's date 08/21/2024 Name London Nelson Phone number 404-974-7826 Address 1811 Renaissance Commons Blvd #2606 Boynton Beach fl 33426 United States Email london@londonvnelson.com Current occupation or, if retired, prior occupation Realtor Education MBA Are you a registered voter?Yes Do you reside within the Boynton Beach City limits?Yes Do you own/manage a business within City limits?No If "yes", name of business: Are you currently serving on a City board?No Have you served on a City board in the past?Yes If "yes", which board(s) and when?2021-2024 16 Have you ever been convicted of a crime?No If "yes", when and where? Advisory Board Affordable Housing Advisory Committee If appointed by the City Commission to serve as Board Chair or Vice Chair are you willing to serve in this capacity? Yes Personal Qualifications I am a proud graduate with an MBA and have been a dedicated realtor for over six years, bringing a wealth of knowledge and experience to the table. In addition to my professional achievements, I am honored to serve on the advisory board for True Fast Outreach Ministry, where we are committed to feeding and housing the homeless. My passion for women's empowerment and advocacy for homeownership drives me daily. I believe that my life’s work is to assist in the betterment of others, and I strive to be a servant leader in every capacity. With this background and commitment, I am confident that I would be an excellent candidate for the board, contributing meaningfully to our shared mission. Professional Memberships Feel free to attach/upload an extra sheet or resume. https://form.123formbuilder.com/upload_dld.php? fileid=3c8007b862fd9ef7fcc975458da0063b Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 136.227.201.225 (United States) at 2024-08-21 08:11:17 on Safari 17.6 Entry ID: 692 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application 17 1,6 Stanzione, Tammy From: City Clerk Sent: Thursday, August 29, 2024 11:41 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From: vega529 <noreply@123formbuilder.com> Sent:Thursday, August 29, 2024 11:40 AM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 08/29/2024 Name Veronica Anepete Phone number Address 740 E Ocean Ave Apt# 102 South Boynton Beach FL 33435 United States Email vega529@comcast.net Current occupation or, if Elementary School Teacher retiring on September 30, 2024 retired, prior occupation Education BS degree, Major: Education Minor: English Lit Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City No board in the past? If"yes", which board(s)and when? Have you ever been convicted No of a crime? If"yes", when and where? 1 18 L J Stanzione, Tammy From: City Clerk Sent: Tuesday, September 03, 2024 7:19 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From: bevcoccoli <noreply@123formbuilder.com> Sent: Sunday, September 1, 2024 10:23 AM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 09/01/2024 Name Beverlee Coccoli Phone number 860-508-6597 Address 2399 SW 11th Ave. Boynton Beach FL 33426 United States Email bevcoccoli@comcast.net Current occupation or, if retired, prior occupation Event planner Education Associate Degree Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City board in the past? No If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes",when and where? 19 1.-e Stanzione, Tammy From: City Clerk Sent: Tuesday, September 03, 2024 7:19 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From:AronTD<noreply@123formbuilder.com> Sent: Sunday, September 1, 2024 11:17 AM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 09/01/2024 Name Aron Davis Phone number 954-707-9590 Address 10 Redwood Ct Boynton Beach FL 33426 United States Email AronTD@Gmail.com Current occupation or, if retired, prior occupation Software Engineer Education Bachelor's in Management of Information Systems Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City board in the past? No If"yes",which board(s) and when? Have you ever been convicted No of a crime? If"yes", when and where? 1 20 rcb Stanzione, Tammy From: City Clerk Sent: Tuesday, September 03, 2024 7:18 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From:jhampar<noreply@123formbuilder.com> Sent: Monday, September 2, 2024 1:29 PM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 09/03/2024 Name Joanne Hampar Phone number 561-735-2371 Address 4408 Tuscany Way Boynton Beach Florida 33435 Reserved Email jhampar@comcast.net Current occupation or, if registered representative/stockbrokerage retired, prior occupation Education Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a businessNo within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City No board in the past? If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes", when and where? 21 I, Stanzione, Tammy From: City Clerk Sent: Tuesday, September 03, 2024 7:19 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From:vernahenry<noreply@123formbuilder.com> Sent: Sunday, September 1, 2024 8:29 AM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 09/01/2024 Name Verna Henry Phone number 561-797-3731 Address 110 Sunset blvd Boynton Beach FL 33426 United States Email vernahenry@yahoo.com Current occupation or, if School counselor and adjunct professor retired, prior occupation Education Master's and working on doctoral degree Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City board in the past? No If"yes", which board(s) and when? Have you ever been convicted No of a crime? If"yes",when and where? 22 Stanzione, Tammy From: langchristine26 <noreply@123formbuilder.com> Sent: Thursday, August 29, 2024 11:17 AM To: City Clerk Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 08/29/2024 Name Christine Lang Phone number 561-926-1126 Address 215 SW 1st Avenue Boynton Beach FL 33435 United States Email langchristine26@gmail.com Current occupation or, if retired, prior occupation Project Manager Education Bachelors Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a businessNo within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City board in the past? No If"yes", which board(s)and when? Have you ever been convicted No of a crime? If"yes", when and where? Advisory Board Library Board If appointed by the City Commission to serve as Board Chair or Vice Chair are you Yes willing to serve in this capacity? 23 43, Stanzione, Tammy From: City Clerk Sent: Friday, August 30, 2024 8:14 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: blee7453 <noreply@l23formbuilder.com> Sent:Thursday, August 29, 2024 6:03 PM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 08/29/2024 Name Bill Lee Phone number 201-400-5335 Address 4310 Tuscany Way 4310 Tuscany Way Boynton Beach FL 33435 Reserved Email blee7453@gmail.com Current occupation or, if Elementary school principal retired, prior occupation Education BA Special education, MA Reading Specialist, PhD Educational Administra Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving on No a City board? Have you served on a City No board in the past? If "yes", which board(s) and when? 24 1.C3 Stanzione, Tammy From: City Clerk Sent: Tuesday, September 03, 2024 7:18 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application Attachments: RESUME 20240901.doc From: htmadhav<noreply@l23formbuilder.com> Sent: Sunday, September 1, 2024 4:57 PM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 09/01/2024 Name Harish Madhav Phone number 561-738-1100 Address 2300 S CONGRESS AVE Suite 108 Boynton Beach Florida 33426 United States Email htmadhav@gmail.com Current occupation or, if retired, prior Physician occupation Education MD, MPH Are you a registered voter? Yes Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City Yes limits? If"yes", name of Harish Madhav MD PA; business: Are you currently serving on a City No board? 25 Lt Stanzione, Tammy From: City Clerk Sent: Tuesday, September 03, 2024 7:19 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From: Sailjane <noreply@123formbuilder.com> Sent: Sunday, September 1, 2024 3:51 PM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 09/01/2024 Name Jane McGill Phone number 305-393-7133 Address 1824 SW 17th St Boynton Beach FL 33426 United States Email Sailjane@aol.com Current occupation or, if Retired teacher and librarian retired, prior occupation Education BA Economics/marketing Central Conn State University And Masters Degree in Library and Information Science at University of South Florida Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City No board in the past? If"yes",which board(s) and when? Have you ever been convicted No of a crime? If"yes", when and where? 26 Stanzione, Tammy From: City Clerk Sent: Tuesday, September 03, 2024 7:19 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From: dmitch4725 <noreply@123formbuilder.com> Sent: Sunday, September 1, 2024 9:32 AM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 09/01/2024 Name DONNA MITCHELL Phone number 609-519-6786 Address 1909 SW 17th Ave Boynton Beach FL 33426 United States Email dmitch4725@yahoo.com Current occupation or, if retired...see qualifications below retired, prior occupation Education Associates Human Services Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City board in the past? No If"yes", which board(s)and when? Have you ever been convicted No of a crime? If"yes", when and where? 27 Stanzione, Tammy From: malissaowen50 <noreply@l23formbuilder.com> Sent: Thursday, August 29, 2024 2:07 PM To: City Clerk Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 08/29/2024 Name Malissa Owen Phone number 954-328-3400 Address 2718 SW 6th St Boynton Beach FL 33435 United States Email malissaowen50@gmail.com Current occupation or, if Health and Well-Being Product Manager retired, prior occupation Education Health Science Education Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City board in the past? No If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes", when and where? Advisory Board Library Board If appointed by the City Commission to serve as Board Chair or Vice Chair are you Yes willing to serve in this capacity? 28 Stanzione, Tammy From: elizabeth.watts <noreply@123formbuilder.com> Sent: Thursday, August 29, 2024 11:13 AM To: City Clerk Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 08/29/2024 Name Elizabeth Watts Phone number 516-455-6243 Address 2642 SW 23rd Cranbrook Ct Boynton Beach Florida 33436 United States Email elizabeth.watts@verizon.net Current occupation or, if Retired teacher retired, prior occupation Education Masters in TESOL Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a businessNo within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If"yes", which board(s) and when? Have you ever been convicted No of a crime? If"yes", when and where? Advisory Board Library Board If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I am an avid lifelong reader and library user. 29 Stanzione, Tammy From: City Clerk Sent: Friday, August 09, 2024 7:08 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From: rebecca <noreply@123formbuilder.com> Sent:Thursday,August 8, 2024 6:40 PM To: City Clerk<CityClerk@bbfl.us> Subject:Advisory Board Appointment application rimpir This Message Is From an External Sender This message came from outside your organization. Today's date 08/08/2024 Name Rebecca Shelton Phone number 561-929-0122 Address 125 SW 1st Avenue Boynton Beach FL 33435 United States Email rebecca@corerealtvcompanv.com Current occupation or, if Real Estate Broker, Owner retired, prior occupation Education Licensed Real Estate Broker, Licensed Sales Associate,Certified pivorce Specialist, Certified Probate Specialist, Former Morgage Broker License Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business within City limits? If"yes", name of business: OWNER, CORE Realty Company, LLC Are you currently serving on a No City board? Have you served on a City board in the past? No If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes",when and where? 30 Advisory Board Senior Advisory Board If appointed by the City Commission to serve as Board Chair or Vice Chair are you Yes willing to serve in this capacity? Personal Qualifications I believe I am well-qualified to serve on the Senior Advisory Board due to my deep- rooted connection within our community. Having been a resident of PBC for nearly 30 years and making Boynton Beach my home since 2006, I have a profound understanding of the concerns of our senior population. With decades of experience working with the senior community, I have cultivated a compassionate approach. I have decades of professional service in Boynton beach and am the Broker and Owner of a local real estate brokerage. It would be an honor to give back to my community in this capacity, and I am committed to working diligently and bringing the necessary dedication to serve effectively on the board. Professional Memberships Realtors Association of Palm Beach County National Association of Realtors Event Chair Member of AVDA and Volunteer(Aid to Victims of Domestic Abuse) Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 99.105.41.18 (United States) at 2024-08-08 17:40:08 on Chrome 127.0.0.0 Entry ID: 691 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application 2 31 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-206- Approve and authorize the Mayor to sign Community Development Block Grant (CDBG) sub award agreements with Pathways to Prosperity, Inc., Boynton Beach Faith Based Community Development Corporation, Inc., and Legal Aid Society of Palm Beach County, Inc., as adopted by Resolution No. R24-165 for CDBG FY2024 one-year Annual Action Plan. Requested Action: Staff recommends approval of Proposed Resolution No. R24-206. Explanation of Request: Local nonprofit service providers of CDBG eligible services and programs to benefit low-to- moderate income residents of the City of Boynton Beach have submitted grant applications requesting funds to assist in the delivery of their services. As the result of approval by Resolution R24-165, they have provided budgets and scopes of services and are contracting with the City of Boynton Beach to be reimbursed. The City will reimburse the following agencies for services provided: Boynton Beach Faith Based Community Development Corporation, Inc. $282,116.00 Legal Aid Society of Palm Beach County, Inc. $10,000.00 Pathways to Prosperity, Inc. $35,000.00 Total Subrecipient Funding $327,116.00 How will this affect city programs or services? The CDBG Program's purpose is to assist the City of Boynton Beach meet the needs of its lower income residents. The agencies that are being funded will offer various forms of assistance that are considered public service. Fiscal Impact: None. 32 Attachments: R24-206 Agenda_Item_2028-2023_Resolution_for_CDBG_Subaward_Agmts.docx Exhibit A - FY 2024 CDBG - Pathways to Prosperity, Inc - Subrecipient Agreement.pdf Exhibit B - FY 2024 CDBG - Boynton Beach Faith-Based C.D.C. Inc. - Subrecipient Agreement.pdf Exhibit C - FY 2024 CDBG - Legal Aid Society of P.B.C. Inc. - Subrecipient Agreement.pdf 33 RESOLUTION NO. R24-2061 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)4 SUBAWARD AGREEMENTS BETWEEN THE CITY AND PATHWAYS TO PROSPERITY,5 INC., BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, 6 INC., AND LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC.; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS,local nonprofit service providers of the Community Development Block Grant 10 (CDBG) eligible services and programs to benefit low-to-moderate income residents of the City 11 of Boynton Beach have submitted grant applications requesting funds to assist in the delivery of 12 their services; and13 WHEREAS, the Community Development Block Grant Program's purpose is to assist the 14 City of Boynton Beach in meeting the needs of its lower-income residents; and15 WHEREAS, the agencies that are being funded will offer various forms of assistance that 16 are considered public service and housing rehabilitation activities; and17 WHEREAS, the City will reimburse the following agencies for services provided:18 Boynton Beach Faith Based Community Development Corporation, Inc.$282,116.0019 Legal Aid Society of Palm Beach County, Inc.$10,000.0020 Pathways to Prosperity, Inc.$35,000.0021 Total Subrecipient Funding $327,116.0022 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 Subaward Agreements between the 24 City and Pathways to Prosperity Inc., Boynton Beach Faith Based Community Development 25 Corporation, Inc., and Legal Aid Society of Palm Beach County, Inc. 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 34 approve the Subaward Agreements between the City and Pathways to Prosperity, Inc., Boynton 33 Beach Faith Based Community Development Corporation, Inc., and Legal Aid Society of Palm 34 Beach County, Inc., in form and substance similar to that attached as “Exhibits A-C.“35 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 36 authorizes the Mayor to execute the Agreements. The Mayor is further authorized to execute any 37 ancillary documents required under the Agreement or necessary to accomplish the purposes of 38 the Agreement and this Resolution.39 SECTION 4.All original Agreements shall be forwarded to RJ Ramirez so that the 40 subrecipients can obtain execution of the Agreements. RJ Ramirez shall ensure that fully executed41 Agreements are returned to the City to be provided to the Office of the City Attorney for 42 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 the following page]45 46 35 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.47 CITY OF BOYNTON BEACH, FLORIDA48 YES NO49 Mayor – Ty Penserga __________50 51 Vice Mayor – Aimee Kelley __________52 53 Commissioner – Angela Cruz __________54 55 Commissioner – Woodrow L. Hay __________56 57 Commissioner – Thomas Turkin __________58 59 VOTE ______60 ATTEST:61 62 ___________________________________________________________63 Maylee De Jesús, MPA, MMC Ty Penserga64 City Clerk Mayor65 66 APPROVED AS TO FORM:67 (Corporate Seal)68 69 _______________________________70 Shawna G. Lamb71 City Attorney72 36 Community Development Block Subaward Grant Agreement – Coversheet City of Boynton Beach and Pathways to Prosperity, Inc. Page i of i Community Development Block Grant (CDBG) Subaward Agreement between City of Boynton Beach, Florida and Pathways to Prosperity, Inc. for a CDBG subaward of an amount not to exceed $35,000.00 from a federal award issued by U.S. Department of Housing and Urban Development for the specific purpose of Public Services Activity – CIRCLES Boynton Beach Program. SUBAWARD COVERSHEET INTERNAL TABLE – FOR CITY INTERNAL USE ONLY City Contract No.: City Contract No. __Resolution R24 – 165_____________ Financial Services Department: Community Improvement Division CDBG Eligible Activity 24 CFR 570.201(e) – Public Services Activity – Assistance to Increase Self-Sufficiency; National Objective 24 CFR Part 570.208 (a)(1)(i) TABLE OF TERMS AND PROVISIONS Article 1: Standard CDBG Form Subaward Agreement ................................................................................................. 1 Article 2: The Parties ...................................................................................................................................................... 1 Article 3: Notice of Federal Subaward ............................................................................................................................ 1 Article 4: Term of Agreement and Subaward Period of Performance ........................................................................... 3 Article 5: Notice .............................................................................................................................................................. 3 Article 6: SUBRECIPIENT’s Obligations and Responsibilities ....................................................................................... 3 Article 7: Procurement and Subcontracting Standards ................................................................................................. 6 Article 8: Property Standards ......................................................................................................................................... 7 Article 9: Budget ............................................................................................................................................................. 7 Article 10: Reimbursement Requests ............................................................................................................................. 8 Article 11: Payment Terms ........................................................................................................................................... 10 Article 12: Return of Funds ........................................................................................................................................... 11 Article 13: Progress Reporting and Subaward Closeout ............................................................................................. 12 Article 14: Maintenance, Retention, and Access to Records ....................................................................................... 13 Article 15: Monitoring Requirements ............................................................................................................................ 15 Article 16: Audit Requirements ..................................................................................................................................... 15 Article 17: Insurance ..................................................................................................................................................... 17 Article 18: Indemnification, Sovereign Immunity, and Liability ..................................................................................... 19 Article 19: Independent Contractor, Non-Agent SUBRECIPIENT, and Third Parties ................................................. 19 Article 20: Confidentiality .............................................................................................................................................. 20 Article 21: Remedies for Noncompliance ..................................................................................................................... 22 Article 22: Termination .................................................................................................................................................. 22 Article 23: General Provisions ................................................................................................................................... 255 Article 24: Attachments................................................................................................................................................. 27 Article 25: Entire Agreement ........................................................................................................................................ 27 37 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 30 Article 1: Standard CDBG Subaward Form Agreement A. This CDBG Subaward Agreement (“Agreement”) is a “Standard CDBG Subaward Form Agreement.” Any changes to this standard form shall be noted separately through an amendment to the Agreement which must be separately executed by the parties to this Agreement in order to be binding upon the parties. Article 2: The Parties A. This Agreement is entered into by and between the two parties indicated in the following table: TABLE 1 – THE PARTIES Party #1 Name: City of Boynton Beach (the “City”) Entity Type: A Florida Municipal Corporation Principal Address: 100 E. Ocean Avenue Boynton Beach, Florida 33435 Agreement Liaison Name: Dan Dugger, City Manager Email Address: duggerd@bbfl.us Party #2: Name: Pathways to Prosperity, Inc., a Non-Profit Organization (the “SUBRECIPIENT”) Entity Type: 501(c)(3) Not-for-Profit Principal Address: 639 East Ocean Avenue, Suite 101 Boynton Beach, FL 33435 Agreement Liaison Name: Kemberly Bush, Executive Director Email Address: kbush@p2ppbc.org B. The City and the SUBRECIPIENT may unilaterally re-designate their respective agreement liaisons by providing written notice of such change to the other party in accordance with Article 5 (“Notice”) of this Agreement. C. Both the City and the SUBRECIPIENT may be individually referred to as “party” or collectively referred to as “parties” in this Agreement. Article 3: Federal Subaward Information A. Subaward Information. The table below provides basic information regarding the underlying subaward pursuant to which this Agreement is being entered. 38 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 2 of 30 TABLE 2 – SUBAWARD INFORMATION Subaward Project Description: Public Services Activity – CIRCLES Boynton Beach Program through a Non-Profit Organization (the “SUBRECIPIENT”). Awarding Agency Description: U.S. Department of Housing and Urban Development (the “Federal Awarding Agency”) – Community Development Block Grant (the “Federal Award”) – City of Boynton Beach (the “Grantee”). Subaward ID No.: Resolution R24 – 165 Resolution Date: 08/6/2024 B. Federal Subaward Amount. The amount of the underlying subaward is: $35,000.00. C. SUBRECIPIENT Compliance with Federal Subaward. At all times during which the SUBRECIPIENT is performing under this Agreement, the SUBRECIPIENT shall comply with the award terms and conditions of the underlying Federal subaward, as well as with any guidance provided by the Federal Awarding Agency. D. Compliance with the Federal Uniform Guidance. The SUBRECIPIENT shall comply with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the “Uniform Guidance”) when meeting its obligations under this Agreement. E. References for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance – or any other applicable federal, state, or local law – that are referenced in this Agreement are referenced for emphasis only. The exclusion of a specific applicable provision of law from this Agreement does not alleviate the SUBRECIPIENT from its obligation to comply with any such applicable provisions. F. By executing this Agreement, the SUBRECIPIENT hereby certifies that it has reviewed 2 CFR Part 200 and any relevant Federal Awarding Agency guidance and that it understands its obligations pursuant to such federal regulations and guidance. G. Federal Subaward Amount. The amount of the Federal Subaward issued pursuant to this Agreement is an amount not to exceed $35,000.00 (the “Subaward”). This Agreement’s use of “an amount not to exceed” shall in no way entitle the SUBRECIPIENT to reimbursement or payment of the maximum amount provided unless such reimbursement or payments have been earned by the SUBRECIPIENT in accordance with the terms and provisions of this Agreement. H. Required Information. Any additional information required pursuant to 2 CFR § 200.332 (“Requirements for Pass-Through Entities”) may be found in the Required Information for Federal Subawards Schedule attached to this Agreement as “Exhibit A.” 39 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 3 of 30 Article 4: Term of Agreement and Subaward Period of Performance A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the “Effective Date”) and shall terminate on: 09/30/2025, unless extended or renewed in accordance with the terms of this Agreement. B. Subaward Period of Performance. 1. The “Subaward Period of Performance” is the time during which the SUBRECIPIENT may incur obligations to carry out the work or services authorized under this Agreement. The SUBRECIPIENT may not invoice for any work completed, or services rendered, outside of the Subaward Period of Performance. This provision is required pursuant to 2 CFR § 200.332(a)(1)(v). 2. The Subaward Period of Performance of this Agreement is: UPON EXECUTION to 9/30/2025. Article 5: Notice Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be deemed effective as of date of receipt. TABLE 3 – NOTICE To the City: City of Boynton Beach Attn: Dan Dugger, City Manager City Manager’s Office, 4th. Floor 100 E. Ocean Avenue Boynton Beach, Florida 33435 To the SUBRECIPIENT: Pathways to Prosperity, Inc. Attn: Kemberly Bush, Executive Director 639 East Ocean Avenue, Suite 101 Boynton Beach, Florida 33435 Article 6: SUBRECIPIENT’s Obligations and Responsibilities A. Scope of Services. 1. The SUBRECIPIENT shall be responsible for meeting the objectives of this Subaward, as detailed in the “Scope of Services” attached to this Agreement as “Exhibit B”, in a manner that is deemed satisfactory by the City and consistent with the standards set forth in this Agreement, the Federal Award, and any directives or guidance issued by the Federal Awarding Agency. 2. The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize funds provided pursuant to this Agreement for any activity or purpose not included in, or in conformance with, the “Scope of Services.” 40 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 4 of 30 B. SUBRECIPIENT’s Agreement Liaison. The SUBRECIPIENT’s agreement liaison identified in TABLE 1 – THE PARTIES , or as re-designated pursuant to Article 2, Paragraph B above, shall be available to communicate and meet with the City’s agreement liaison and relevant City staff in order to review the SUBRECIPIENT’s performance pursuant to this Agreement. The City reserves the right to, at no additional cost to the City, require that the SUBRECIPIENT change its agreement liaison if the City’s agreement liaison believes doing so best serves the performance or objectives of the Subaward, or this Agreement. C. Licenses and Approvals. The SUBRECIPIENT hereby represents and warrants that it has and will continue to maintain all licenses, insurances and approvals required to meet its obligations under the Scope of Services, and that it will at all times conduct its activities in a reputable manner. Proof of such licenses, insurances and approvals shall be submitted to the City within three (3) business days upon request. Failure by the City to request such proof of licensure, insurance and approvals shall in no manner be construed as alleviating the SUBRECIPIENT’s obligations pursuant to Paragraph C of this Article, nor shall it be construed as shifting or imposing any liability onto the City. D. Employees of the SUBRECIPIENT. 1. Skillful Provision of Services. All services or work provided pursuant to this Agreement shall be performed by the employees, volunteers, associates, or agents of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) in a professional and skillful manner. 2. Employee Licensure. Any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) whose performance under this Agreement requires licensure shall have such valid and active licensure for the full duration of their performance under this Agreement. 3. Removal of Employees. The City may require the SUBRECIPIENT to remove any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) that the City’s agreement liaison – using their sole discretion – deems to be incompetent, careless, or otherwise objectionable from performing work or services related to this Agreement. The City shall not be responsible for any costs related to such removal. 4. E-Verify Use and Registration Certification. Pursuant to Section 448.095, Florida Statutes, the SUBRECIPIENT must certify that it is registered with, and uses, the E-Verify system to verify the work authorization status of all newly hired employees. The SUBRECIPIENT must further certify that it does not employ, contract with, or subcontract with an unauthorized alien, and shall provide an affidavit affirming this prior to the effective date of the contract. These certifications shall be provided by use of the E-Verify Use and Registration Certification found attached to this Agreement as “Form 1”. Violation of s. 448.095, Florida Statutes, may result in the Immediate Termination (as later defined in Article 22 (“Termination”)) of this Agreement. E. Non-Discrimination. 1. The SUBRECIPIENT shall, at no time during the provision of services funded through this Agreement, discriminate based on race, color, religion, national origin, sex, or sexual orientation. 2. The SUBRECIPIENT shall comply with any and all federal, state, and local anti-discrimination laws, rules, and regulations. For further information about the federal anti-discrimination requirements for this Agreement, see 2 CFR Part 200, “Uniform Guidance Contract 41 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 5 of 30 Provisions” located at: eCFR :: 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. F. Inherently Religious Activities. When expending the Subaward, the SUBRECIPIENT must adhere to the following conditions: 1. The SUBRECIPIENT must not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of its provision of the services funded in whole or in part by the Subaward; 2. Such inherently religious activities must be offered separately, in time or location, from the Subaward-funded services; and 3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries of the Subaward-funded services; therefore, the SUBRECIPIENT shall not implicitly or explicitly condition receipt of any services funded in whole or part by the Subaward on participation in any inherently religious activities. G. Public Entity Crimes and Scrutinized Companies. 1. By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this Agreement as “Form 2,” the SUBRECIPIENT must certify that: a. The SUBRECIPIENT does not meet the definition of “Scrutinized Company” pursuant to Section 215.473, Florida Statutes; and b. The SUBRECIPIENT – or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the SUBRECIPIENT or an affiliate of the SUBRECIPIENT – has not been convicted of a public entity crime pursuant to Section 287.133(3), Florida Statutes. 2. The City reserves the right of Immediate Termination (as later defined in Article 22 (“Termination”)) of this Agreement should the SUBRECIPIENT: a. Be found to have falsified its certification in “Form 2”; or b. Become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to either Section 287.133, Florida Statutes (“Public Entity Crime; Denial or Revocation of the Right to Transact Business with Public Entities”) or Section 287.135, Florida Statutes (“Prohibition Against Contracting with Scrutinized Companies”) subsequent to entering into this Agreement with the City. H. Anti-Human Trafficking. On or before the Effective Date of this Agreement, SUBRECIPIENT shall provide City with an affidavit attesting that the SUBRECIPIENT does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. I. Countries of Concern. SUBRECIPIENT represents that it is, and for the duration of the term of this Agreement will remain, in compliance with Section 286.101, Florida Statutes. 42 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 6 of 30 Article 7: Procurement and Subcontracting Standards A. Procurement. The SUBRECIPIENT must comply with 2 CFR §§ 200.318-200.327 (“Procurement Standards”) and must use such procedures when expending the Subaward where SUBRECIPIENT is conducting its own procurement to satisfy the objectives of this Subaward, as detailed in the “Scope of Services”, attached as “Exhibit B”. Does the SUBRECIPIENT maintain written purchasing procedures in compliance with the aforementioned federal Procurement Standards? “Yes” or “No”: ____ If “Yes,” then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it maintains written purchasing procedures in compliance with 2 CFR §§ 200.318-200.327 (“Procurement Standards”) and will use such procedures when expending the Subaward. If “No,” then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it does not maintain written purchasing procedures that are in compliance with 2 CFR §§ 200.318-200.327 (“Procurement Standards”). As such, the SUBRECIPIENT hereby agrees to develop and use written purchasing procedures in compliance with the Procurement Standards for expending the Subaward OR agrees to use the City’s Purchasing Policy Manual. The City’s Purchasing Policy Manual can be obtained by contacting the City’s Purchasing Manager at 561-742-6322 or PintoK@bbfl.us B. Simplified Acquisition Threshold. The “Simplified Acquisition Threshold” means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00. The Simplified Acquisition Threshold provided for in this Agreement is the one that the SUBRECIPIENT – and any of its sub-SUBRECIPIENTs – must use when making its expenditures of the Subaward. If SUBRECIPIENT is utilizing the City’s purchasing procedures, SUBRECIPIENT must use the City’s more restrictive (lower) simplified acquisition threshold. C. Subcontracting. 1. Federally Required Contract Provisions and Award Terms and Conditions. The SUBRECIPIENT shall insert the relevant contract provisions and certification documents identified in Appendix II of 2 CFR Part 200 (“Contract Provisions for Non-Federal Entity Contracts Under Federal Awards”) applicable award terms into all contracts into which it enters while expending the Subaward. 2. Small and Minority Business Enterprises (“MBE”), Women Business Enterprises (“WBE”), and Labor Surplus Area Firms. The SUBRECIPIENT must execute the Small and Minority Business Enterprise (“MBE”), Women Business Enterprise (“WBE”), and Labor Surplus Area Firm Certification attached as “Form 3” stating that the SUBRECIPIENT shall take the “Five Affirmative Steps” regarding Small and Minority Business Enterprise, Women Business Enterprises, and Labor Surplus Area Firms in the solicitation and selection of subcontractor(s) or procurements as required by the Federal Government in 2 CFR § 200.321. 3. Engaging in subcontracting, pursuant to this Agreement without complying with the requirements of this article is strictly prohibited. D. Sub-Subawards. 43 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 7 of 30 1. Approval by the City. The SUBRECIPIENT shall not issue sub-subawards to any non- Federal entity without first receiving approval from the City. 2. Pass-Through Requirements. a. The SUBRECIPIENT must pass through all obligations of the Federal Award and any placed upon the SUBRECIPIENT under this Agreement to any of its sub- SUBRECIPIENTs through a federally-compliant SUBRECIPIENT agreement. b. The SUBRECIPIENT must comply with all provisions of 2 CFR § 200.332 (“Requirements for Pass-Through Entities”) and any other applicable provisions of the Uniform Guidance when issuing a subaward to a sub-SUBRECIPIENT. E. SUBRECIPIENT/Contractor Determinations. Prior to entering into an agreement with a third-party entity that is in part or in whole funded by the Subaward, the SUBRECIPIENT shall analyze the nature of such agreement pursuant to the provisions of 2 CFR § 200.331 (“SUBRECIPIENT Subcontractor Determinations”) to determine which type of relationship and requirements apply. Article 8: Property Standards A. By executing this Agreement, the SUBRECIPIENT hereby certifies that it shall comply with 2 CFR §§ 200.310-200.316 (“Property Standards”) and will use such procedures when handling and managing any supplies, equipment, real estate, or other property procured with any portion of the Subaward. B. The SUBRECIPIENT shall maintain inventory records of all supplies, equipment, real estate, and other property procured with the Subaward and may not to sell, transfer, encumber, or otherwise dispose of any such property without the written permission of the City, in which case the procedure in 2 CFR §§ 200.311 shall be adhered to. Article 9: Budget A. Approved Budget. The City-approved Budget for the Subaward is attached to this Agreement as “Exhibit C” and shall be the basis for which the City provides payment to the SUBRECIPIENT. B. Budget Amendments. 1. In General. Requests to amend the Budget contemplated in this Agreement: a. Must be received by the City no later than forty-five (45) days prior to the expiration of this Agreement’s term; b. Shall be made prior to the SUBRECIPIENT incurring any expenses that are not expressly provided for in the Budget; and c. Shall be considered and approved at the sole discretion of the City. 2. Informal Budget Amendments. The City’s Agreement Liaison noted in TABLE 1 – THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B, may, in writing, informally approve the following types of Budget amendments: a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then the City’s agreement liaison may, in writing, informally approve requested amendments to the Budget that: 44 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 8 of 30 (1) Do not increase the maximum Subaward amount; and (2) Are deemed by the City’s Agreement Liaison as being consistent with the “Scope of Services” attached as “Exhibit B”. b. Non-Discretionary Federal Awards. If the Federal Awarding Agency approved the Budget contemplated in this Agreement, then the City’s Agreement Liaison may, in writing, informally approve amendments to the Budget only upon receipt of written approval of such amendments by the Federal Awarding Agency. 3. Formal Budget Amendments. Budget amendments that do not meet either requirement of Paragraph B of this Article may not be informally amended by the City’s Agreement Liaison and, instead, must be made by formal written amendment mutually executed by both parties to this Agreement. C. Program Income. 1. 2 CFR § 200.1 (“Definitions”), defines “Program Income” as gross income earned by the SUBRECIPIENT that is directly generated by a supported activity or earned as a result of the Subaward during the Subaward Period of Performance. Program Income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under the Subaward, the sale of commodities or items fabricated under the Subaward, license fees and royalties on patents and copyrights, and principal and interest on loans made with Subaward Funds. Interest earned on advances of the Subaward is not program income. Except as otherwise provided, Program Income does not include rebates, credits, discounts, and interest earned on any of those items. 2. In the event that the SUBRECIPIENT generates Program Income, unless otherwise directed by the City, in compliance with 2 CFR § 200.307(e)(1) (“Program Income”), the SUBRECIPIENT shall: a. Calculate, document, and record such Program Income and its intended use or uses; b. Report such Program Income to the City as part of the required Progress Report, pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant to Article 13, Paragraph C.; c. Add the Program Income to the Subaward and use for continued activities related to the purposes and conditions of this Subaward. Article 10: Reimbursement Requests A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual funding-eligible costs as permitted by this Agreement. In order to obtain payment, the SUBRECIPIENT shall make funding-eligible expenditures and thereafter submit a “Reimbursement Request(s)” to the City for such expenditures pursuant to the terms found in this Article. B. Form of Reimbursement Requests. All Reimbursement Requests shall clearly indicate the budget category from which each request is drawing. 45 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 9 of 30 C. Minimum Standards for Reimbursement Requests. At minimum, all Reimbursement Requests submitted by the SUBRECIPIENT must: 1. Include enough detail so that the City is able to confirm that the SUBRECIPIENT has only requested reimbursement of funding-eligible expenses that were incurred by the SUBRECIPIENT in compliance with the terms of this Agreement. 2. Includes a dated cover letter of the SUBRECIPIENT’s organization, with a description defining the period of performance dates which it is has incurred eligible expenses that is now being requested for reimbursement. 3. If the Budget attached as “Exhibit C” has line-items or funding categories, indicate which line- item or funding category under which each funding-eligible cost is being requested for reimbursement. 4. Pursuant to 2 CFR § 200.415(a) (“Required Certifications”), include the following federally required attestation executed by an individual that is able to legally authorized to do so by the SUBRECIPIENT: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal Award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” 5. By executing this Agreement, the SUBRECIPIENT hereby affirms that it understands that the above are minimum standards for invoices only and are not meant to represent an exhaustive list of what the City’s Agreement Liaison may request or require in order to consider a Reimbursement Request complete or to approve such request for reimbursement. D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the “Scope of Services” and “Budget” attached to this Agreement as “Exhibit B” and “Exhibit C”, which hereby supersedes the frequency and due date for Reimbursement Requests noted in this provision, invoices are due as followed: 1. General Reimbursement Requests. The period for submission of General Reimbursement Requests shall be quarterly with such invoices due to the City by the 15th of the month subsequent to the provision of services for which the City is being invoiced (January 15, 2025, April 15, 2025, July 15, 2025, and October 15, 2025). 2. Initial Reimbursement Request. a. If the Subaward Period of Performance began on a date prior to the execution of this Agreement, the SUBRECIPIENT shall submit an Initial Reimbursement Request that covers all funding-eligible expenses for the period of time beginning on the first day of the Subaward Period of Performance (for this Agreement: UPON EXECUTION) and ending on the date of execution of this Agreement. This Initial Reimbursement Request 46 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 10 of 30 shall be submitted no later than the date that the first General Reimbursement Request is due to the City. 3. Final Invoices. Final Invoices shall be due to the City no later than fifteen (15) calendar days after the expiration or termination of this Agreement or last date of eligible expenditures by the SUBRECIPIENT, whichever the earlier of the dates. 4. Performance Period with No Expenses. In periods where eligible expenses have not been incurred by the SUBRECIPIENT, the SUBRECIPIENT is not required to submit a General or Initial Reimbursement Request for zero dollars. However, the SUBRECIPIENT may still be required to submit a Progress Report over this same period in accordance with Article 13. E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to withhold or deny payment on any Reimbursement Request if such request: 1. Is incomplete or fails to provide the requisite supporting documentation; 2. Fails to be provided in a timely fashion as determined by the terms of this Agreement; or 3. Indicates expenditures that are not compliant with this Agreement, the Federal Award, or any directives issued by the Federal Awarding Agency. Art icle 11: Payment Terms A. Local Government Prompt Payment Act. The City shall make payments to the SUBRECIPIENT on a reimbursement basis for work performed, or services provided, pursuant to this Agreement, in accordance with the Local Government Prompt Payment Act, Section 218.70 et. Seq, Florida Statutes. B. Federal Funding Availability. The City is only responsible for payments to the SUBRECIPIENT for which the City is provided funding by the Federal Awarding Agency. If the Federal Awarding Agency determines that a specific cost or expense requested by the SUBRECIPIENT is not permitted to be reimbursed under the terms and conditions of the Federal Award, the City shall not be responsible for making payment to the SUBRECIPIENT for that specific requested cost or expense. Should the Federal Awarding Agency withhold or deny funding to the City for any reason, the City may subsequently withhold or deny funding to the SUBRECIPIENT. C. Payment Limitations. The City shall not make payments for, or in any way be responsible for, payment to the SUBRECIPIENT for any of the following: 1. Any goods or services provided that do not fall within the “Scope of Services” attached as “Exhibit B”; 2. Any goods or services that fall within the attached “Scope of Services”, but that such payment can be made through a third-party program or insurance provider. D. Prohibition on Duplicative Funding. The SUBRECIPIENT may not accept duplicate funding for any cost, position, service, or deliverable funded by the Federal Award. Duplicative funding is defined as more than one-hundred percent (100%) payment from all funding sources for any cost, position, service, or deliverable. If duplicate funding is discovered, this Agreement may be suspended while the extent of the overpayment is determined, or may be terminated. Such suspension or termination may be initiated at the sole discretion of the City. E. Costs in Excess of Award. Any costs or expenses incurred by the SUBRECIPIENT that exceed the 47 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 11 of 30 overall Subaward amount set forth in this Agreement, or which are were incurred by the SUBRECIPIENT outside of the Subaward Period of Performance, shall be the sole responsibility of the SUBRECIPIENT. F. At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or any non-Federal Award monies to make payment to the SUBRECIPIENT for any costs or expenses incurred by the SUBRECIPIENT pursuant or related to this Agreement or the Federal Award. Art icle 12: Return of Funds A. Unauthorized Expenditures. The SUBRECIPIENT shall reimburse the City for all unauthorized or funding-ineligible expenditures. B. Payment(s) in Error. The SUBRECIPIENT shall return to the City any payments made to the SUBRECIPIENT that were made in error or were in any manner fraudulent or inconsistent with the “Scope of Services” attached as “Exhibit B” or the Federal Award (“Payment(s) in Error”). 1. In the event that the SUBRECIPIENT, or any outside accountant or auditor, determines that a Payment in Error was made, the SUBRECIPIENT shall return to the City any associated funds no later than ten (10) business days from when the SUBRECIPIENT became aware of such Payment in Error. 2. In the event that the City discovers a Payment in Error, the City shall notify the SUBRECIPIENT and the SUBRECIPIENT shall return any associated funds to the City no later than ten (10) business days from the SUBRECIPIENT’s receipt of such notice. C. Federal Disallowance(s). If the Federal Government demands reimbursement from the City due to a disallowance or finding that an expense or cost for which the City provided Subaward funding to the SUBRECIPIENT was in any way improper or not in compliance with the Federal Award, the SUBRECIPIENT shall return any associated funds to the City within a reasonable time period as mutually agreed upon by the City and the SUBRECIPIENT, or within six (6) months, whichever is the later of the dates. D. Delay or Failure to Return Funds. Should the SUBRECIPIENT fail to reimburse the City for any Payment in Error or Federal Disallowance within the time designated, the City may respond with any number of the following actions: 1. Charge an interest rate as determined by the State of Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance thereof. Interest shall accrue from the date of the SUBRECIPIENT’s initial receipt of overpayment funds up to the date of reimbursement of said overpayment funds to the City; 2. Withhold any or all future payments until the amount of such overpayment has been recovered by the City; 3. Terminate this Agreement; 4. Bar the SUBRECIPIENT from being considered when issuing future Federal Subawards or other City agreements; and 5. Pursue any other remedies permitted by law. 48 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 12 of 30 Article 13: Progress Reporting and Subaward Closeout A. Progress Reporting 1. Form of Progress Reports. “Progress Report(s)” shall be delivered to the City on a form approved by the City’s agreement liaison noted in TABLE 1 – THE PARTIES, or as later re- designated pursuant to Article 2, Paragraph B. 2. Minimum Standards for Progress Reports. At minimum, such Progress Reports must detail the outputs, outcomes, and progress the SUBRECIPIENT has made in accomplishing the objectives of the “Scope of Services” attached as “Exhibit B.” Further, in the event any Program Income has been earned over the period, SUBRECIPIENT will report on the Program Income earned and expended to include whether it was related to the purposes and conditions of this Subaward. The City reserves the right to reasonably and unilaterally revise such approved form and request any additional supporting documentation from the SUBRECIPIENT as it deems necessary to meet its federal reporting requirements and monitoring obligations. 3. Progress Report Frequency and Due Dates. Unless otherwise stated in the “Scope of Services”, which hereby overwrites the frequency and due date of Progress Reports noted in this provision if there is a conflict between the two, Progress Reports shall be submitted on a quarterly basis and are due by the 15th of the month subsequent to the provision of services of which the SUBRECIPIENT is reporting (January 15, 2025, April 15, 2025, July 15, 2025, and October 15, 2025). 4. Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the required Progress Reports in accordance with this Article may necessitate the City’s withholding of payment on any subsequent Reimbursement Requests and shall be considered cause for termination by the City pursuant to the terms of termination in this Agreement. B. Annual Reporting Information. SUBRECIPIENT shall, upon request by the City’s Agreement Liaison or designee, make available SUBRECIPIENT data and other information related to the “Scope of Services”. This information will assist the City in its annual reporting obligation to the Federal Awarding Agency by September 30 of each year and will also be published on the City’s Consolidated Annual Performance and Evaluation Report (CAPER). Information requested will be related to overall performance, program outcomes and impacts, and program approaches related to promoting equitable outcomes in the delivery of services. C. Subaward Closeout. 1. All financial, performance, and other reports as required by the terms of this Subaward must be submitted to the City no later than (15) days after the end date of the Subaward Period of Performance. 2. Any earned and expended Program Income generated as a result of this Subaward must be calculated and documented with justification on its uses related to the purposes and conditions of the Subaward to the City no later than (15) days after the end date of the Subaward Period of Performance. 3. The closeout of the Federal Award, or this Subaward, does not affect any of the following: 49 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 13 of 30 a. The right of the Federal Awarding Agency or the City to disallow costs and recover funds on the basis of a later audit or other review. The Federal Awarding Agency or City must make any cost disallowance determination and notify the SUBRECIPIENT within the record retention period. b. The requirement for the SUBRECIPIENT to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. c. The ability of the Federal Awarding Agency to make financial adjustments to a previously closed award such as resolving indirect cost payments and making final payments. d. Audit requirements in 2 CFR Part 200, Subpart F. e. Property management and disposition requirements in §§ 200.310 through 200.316 of 2 CFR Part 200. f. Records retention as required in §§ 200.334 through 200.337 of 2 CFR Part 200. 4. After closeout of the Federal Award, or this Subaward, a relationship created under the Federal Award, or this Subaward, may be modified or ended in whole or in part with the consent of the Federal Awarding Agency or the City and the SUBRECIPIENT, provided the responsibilities of the SUBRECIPIENT, including those for property management as applicable, are considered and provisions made for continuing responsibilities of the SUBRECIPIENT, as appropriate. Article 14: Maintenance, Retention, and Access to Records A. The SUBRECIPIENT, and its subcontractors (if any) that are providing services or otherwise performing pursuant to this Agreement shall abide by the requirements of this Article. 1. The SUBRECIPIENT shall establish and utilize generally accepted accounting principles in the maintenance of all records relating to this Agreement. Such practices shall comply with the general acceptable accounting principles and shall fully and accurately reflect, track, and document the SUBRECIPIENT’s financial activities. 2. The SUBRECIPIENT shall establish and maintain separate accounting records for the SUBRECIPIENT’s activities in meeting its obligations pursuant to this Agreement with sufficient documentation to identify the associated expenditures (e.g. detailed invoices, cancelled checks, payroll journals, bank statement reconciliations, etc.) and establish that such expenditures are allowable, necessary, and reasonable under this Agreement, the Federal Award, and any directives issued by the Federal Awarding Agency. 3. The SUBRECIPIENT shall furnish the City with any and all data needed for the purpose of monitoring, evaluation, auditing, and quality assurance. This data shall include information on the services provided or work performed, and any other data that may be required by the City, in its sole discretion, to adequately evaluate the SUBRECIPIENT’s performance under this Agreement. 4. All records that were created, utilized, or maintained for the purpose of fulfilment of the SUBRECIPIENT’s obligations pursuant to this Agreement, whether paper or electronic (“Relevant Records”), shall be retained by the respective record holder for a period of five (5) 50 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 14 of 30 years after termination of this Agreement, including any extensions or renewals of this Agreement. 5. In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a period of five (5) years after the resolution of any such event. 6. The SUBRECIPIENT shall permit the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives to access, review, or reproduce any and all Relevant Records. 7. If the “Scope of Services” in “Exhibit B” is site-specific, or construction-related, access to the stated construction or work site shall be provided to the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives. 8. The SUBRECIPIENT shall ensure that the provisions of this Article are incorporated into any agreements into which it enters that are related to this Agreement and the Federal Award. B. Public Records. 1. Pursuant to Section 119.0701, Florida Statutes, the SUBRECIPIENT shall: a. Keep and maintain public records required by the City to perform the service. b. Upon request from the City, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the amount set by the City. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement’s term and following completion of this Agreement if the SUBRECIPIENT does not transfer the records to the City. d. Upon completion, or termination, of this Agreement, transfer, at no cost, to the City all public records in possession of the SUBRECIPIENT or keep and maintain public records required by the SUBRECIPIENT to perform the service in accordance with Florida law. e. If the SUBRECIPIENT transfers all public records to the City upon completion of the Agreement, the SUBRECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SUBRECIPIENT keeps and maintains public records upon completion of this Agreement, the SUBRECIPIENT shall meet all applicable requirements for retaining public records in accordance with applicable federal and Florida law. f. All records stored electronically shall be provided to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. 51 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 15 of 30 IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE SUBRECIPIENT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 310 BOYNTON BEACH, FL 33435 Phone: 561-742-6061 Email: CITYCLERK@BBFL.US 2. Florida Agencies. If the SUBRECIPIENT is an “Agency” as defined by Section 119.011, Florida Statutes, then the SUBRECIPIENT shall comply with its own obligations under Chapter 119, Florida Statutes. The SUBRECIPIENT additionally agrees to cooperate in good faith with the City in the handling of public records created under this Agreement. Notwithstanding anything set forth in any provision of this Agreement to the contrary, the SUBRECIPIENT will not be required to destroy any records in its custody in violation of Chapter 119, Florida Statutes. Article 15: Monitoring Requirements A. Monitoring. The SUBRECIPIENT shall permit the City, the Clerk, or the designees of either such government agency, to periodically monitor the SUBRECIPIENT’s performance and programmatic and financial activities, pursuant to the requirements found in 2 CFR § 200.332 (“Requirements for Pass-Through Entities”) and any other relevant federal laws, regulations, or guidance. B. Letter of Findings. 1. If the City, the Clerk, or the designee of either such government agency, discovers any defect in the SUBRECIPIENT’s performance under this Agreement (whether programmatic, financial, etc.), then a “Letter of Findings” may be provided to the SUBRECIPIENT. 2. The SUBRECIPIENT shall respond to any such Letter of Findings with a Corrective Action Plan and Implementation Schedule, as instructed by the City, the Clerk, or the designee of either such government agency, within thirty (30) calendar days of the date of the Letter of Findings. Failure to submit a Corrective Action Plan and Implementation Schedule shall constitute a material breach and may result in termination of this Agreement. 3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such government agency, to first issue such a “Letter of Findings” to the SUBRECIPIENT prior to the City being permitted to exercise any of its rights in equity, at law, or as otherwise granted through this Agreement, including but not limited to the right to terminate this Agreement. Article 16: Audit Requirements A. Auditing. The SUBRECIPIENT shall comply with the federal auditing requirements found in 2 CFR Subpart F (“Audit Requirements”). B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized designees shall have the right to audit SUBRECIPIENT’s: 52 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 16 of 30 1. Disbursement of the Subaward; 2. Service or program delivery; and 3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the Federal Award. C. Mandatory Audit, Certification, and Audited Financial Statement. In determining the federal award amounts expended during its fiscal year, the SUBRECIPIENT shall consider all sources of federal awards including federal resources received from the State or other agencies. 1. If the SUBRECIPIENT expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, the SUBRECIPIENT must have a single audit completed and conducted in accordance with 2 CFR § 200.514 (“Scope of Audit”), unless the SUBRECIPIENT elects to have a program-specific audit in accordance with 2 CFR § 200.501(c) (“Audit Requirements”). 2. If the SUBRECIPIENT expends less than seven hundred fifty thousand dollars ($750,000) in federal awards during the fiscal year, the SUBRECIPIENT shall: a. Provide an annual certification to the City that a single audit was not required; and b. Annually submit an Audited Financial Statement to the City. 3. If the SUBRECIPIENT is mandated to have an audit performed due to its expenditure of seven hundred fifty thousand dollars ($750,000) or more in federal awards within one fiscal year, that audit must be completed no later than one-hundred and eighty (180) calendar days after the close of the SUBRECIPIENT’s fiscal year. D. Submission of Audits and Audited Financial Statements. 1. The SUBRECIPIENT shall submit to the City any and all auditor’s report received by the SUBRECIPIENT related to its obligations under this Agreement within ten (10) business days of receipt. 2. A copy of the Single Audit Reporting Package, including the associated management letter, which was conducted in accordance with 2 CFR § 200.512 (“Report Submission”), or the applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice provision in this Agreement, with a copy provided to the City at the following: City of Boynton Beach Department of Financial Services Attn: Community Improvement Division 100 E Ocean Avenue Boynton Beach, FL 33435 E. The Federal Audit Clearinghouse. Audits must be submitted to the Federal Audit Clearinghouse either thirty (30) calendar days after receipt of the auditor’s report, or nine (9) months after the end of the entity’s fiscal year end date. Such audits shall be submitted electronically via the following website: https://harvester.census.gov/facweb/. 53 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 17 of 30 F. Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement and may result in the withholding or denial of any requests for payment or reimbursement to the SUBRECIPIENT. Article 17: Insurance A. The SUBRECIPIENT agrees to, on a primary basis and at its sole expense, at all times throughout the duration of this Agreement maintain the following types of insurance coverage with limits and on forms (including endorsements) as described in this Article. These requirements, as well as the City’s review or acceptance of insurance maintained by the SUBRECIPIENT is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the SUBRECIPIENT under this Agreement. B. The SUBRECIPIENT shall require and ensure that each of its sub-contractors/consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified in this Article and “Attachment 1” (Insurance Advisory Form). C. The SUBRECIPIENT shall have in full force the following insurance coverage, and will provide Certificates of Insurance to the SUBRECIPIENT prior to commencing operations under this Agreement to verify such coverage during the duration of this Agreement: 1. All SUBRECIPIENTs: Commercial General Liability – The SUBRECIPIENT shall maintain coverage issued on the most recent version of the Insurance Services Office (ISO) form as filed for use in Florida or its equivalent, with a limit of liability of not less than one million dollars ($1,000,000) per occurrence, general aggregate, products completed/operations aggregate, and personal advertising Injury; and, all other insurance coverage reasonably required by the City. SUBRECIPIENT further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insured. Additional Insured–Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The coverage shall contain no limitations on the scope of protection afforded the City, its officers, officials, employees or volunteers. The certificate holder and additional insured shall be listed in the name of the City of Boynton Beach, Florida. 2. SUBRECIPIENTS Providing Services at City Facilities: Workers’ Compensation – The SUBRECIPIENT shall maintain coverage for its employees with statutory workers’ compensation limits and no less than one million dollars ($1,000,000) for each incident of bodily injury or disease for Employer’s Liability. Said coverage shall include a waiver of subrogation in favor of the City if services are being provided at City facilities. Business Automobile Liability – The SUBRECIPIENT shall maintain coverage for all owned; non-owned and hired vehicles issued on the most recent version of ISO form as filed for use in Florida or its equivalent, with limits of not less than one million dollars ($1,000,000) per accident. In the event the SUBRECIPIENT does not own automobiles, the SUBRECIPIENT shall maintain coverage for hired and non-owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. 54 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 18 of 30 3. SUBRECIPIENTs Providing Services to Vulnerable Populations: Sexual Abuse and Molestation Coverage with limits of not less than one hundred thousand dollars ($100,000) per occurrence shall also be included for those programs that provide services directly to Vulnerable Person(s). “Vulnerable Person(s)” are minors as defined in Section 1.01(13), Florida Statutes, or vulnerable adults as defined in Section 415.102, Florida Statutes. 4. SUBRECIPIENTs Providing Services that are of a Professional Nature: Professional Liability with a limit of not less than one million dollars ($1,000,000) per wrongful act or claim. For policies written on a claims-made basis, the SUBRECIPIENT agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement. In the event the policy is cancelled, non-renewed, switched to occurrence form or any other event that triggers the right to purchase a Supplemental Extended Reporting Period (“SERP”) during the life of this Agreement the SUBRECIPIENT agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the SUBRECIPIENT of the obligation to provide replacement coverage. D. Insurance carriers providing coverage required in this “Insurance” subsection must be authorized or eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial Strength Rating of A-Class VIII. E. Any request for an exception to these insurance requirements must be submitted in writing to the City for approval. F. The SUBRECIPIENT shall provide to the City current certificates of insurance evidencing all required coverage prior to execution and commencement of any operations/services provided under this Agreement. In addition to the certificate(s) of insurance the SUBRECIPIENT shall also provide copies of any applicable endorsements as required above. G. For continuing service contracts, renewal certificates shall be submitted upon request by either the City or its certificate management representative. The certificates shall clearly indicate that the SUBRECIPIENT has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) calendar days prior written notice to the City. Certificates shall specifically reference the respective Agreement number. The certificate holder shall read: City of Boynton Beach, Florida Attention: Risk Management Department 100 E. Ocean Avenue Boynton Beach, FL 33435 H. State Agencies or Subdivisions. If the SUBRECIPIENT is a “state agency or subdivision” (as defined by Section 768.28(2), Florida Statutes): 1. Paragraphs A – G of this Article are not applicable. However, such paragraphs do apply to any of the SUBRECIPIENT’s subcontractors that are not agencies or political subdivisions of the State of Florida and must be included by the SUBRECIPIENT in any such subcontracts. 2. Without waiving its right to sovereign immunity as provided in Section 768.28, Florida Statutes, the SUBRECIPIENT may self-insure its liability with coverage limits of one million Dollars 55 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 19 of 30 ($1,000,000) per occurrence or such other limited sovereign immunity as set forth by the Florida legislature. A statement of self-insurance shall be provided to the City’s Risk Management Department at the address in Paragraph G of this Article. Article 18: Indemnification, Sovereign Immunity, and Liability A. Indemnification. The SUBRECIPIENT agrees to defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the SUBRECIPIENT, its officers, directors, employees, and/or agents relating to the SUBRECIPIENT’s performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. B. Sovereign Immunity. 1. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of the City’s sovereign immunity provisions or protections pursuant to Section 768.28, Florida Statutes. 2. State Agencies or Subdivisions. If the SUBRECIPIENT is a “state agency or subdivision” (as defined by Section 768.28(2), Florida Statutes), then Paragraph B.1. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. C. Liability. 1. Unless otherwise explicitly stated in this Agreement, in no event shall either party be responsible to the other for any indirect damages, incidental damages, consequential damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty, or a breach of term of this Agreement. 2. Without waiving any of the provisions or protections under this Agreement or pursuant to Florida law, under no circumstances shall the City be liable to the SUBRECIPIENT under any contract, negligence, strict liability, or other legal or equitable theory for any amounts in excess of those limits per claim and per occurrence set forth for tort liability in Section 768.28 of the Florida Statutes, which limits are hereby made applicable to all manner of claims against the City related to this Agreement and are not confined to tort liability. D. State Agencies or Subdivisions. If the SUBRECIPIENT is a “state agency or subdivision” (as defined by Section 768.28(2), Florida Statutes), then Paragraph C.2. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. Article 19: Independent Contractor, Non-Agent SUBRECIPIENT, and Third Parties A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is intended to, or should be construed as, creating or establishing the relationship of copartners between the parties, or as constituting the SUBRECIPIENT as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The SUBRECIPIENT is to be, and shall remain, an independent contractor with respect to all services performed under this Agreement, and that any individuals hired, or performing services or work, pursuant to this Agreement shall be considered to 56 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 20 of 30 be the employee of the SUBRECIPIENT for all purposes, including but not limited to for any worker’s compensation matters. B. Non-Agent SUBRECIPIENT. The Boynton Beach City Commission has not delegated to any City officer or employee the authority to appoint any agent on the City’s behalf regarding the subject matter of this Agreement. Accordingly, nothing in this Agreement is intended to, or shall be construed as to, appoint the SUBRECIPIENT as an agent of the City. Additionally, no review or approval of the SUBRECIPIENT’s services, requests for reimbursement, reports, or records by the City may be construed as the City appointing the SUBRECIPIENT as an agent of the City. C. No Third-Party Claims. Nothing in this Agreement, express or implied, shall confer to a third-party – or be construed as conferring to a third-party in any way – any legal or equitable right, benefit, claim, or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal Government, the City, and the employees and/or contractors of each of the foregoing governments, shall be held harmless from liability to any third parties for claims asserted under this agreement. Article 20: Confidentiality A. Confidentiality. 1. The parties hereby agree to maintain any confidential information transmitted by the other party over the course of this Agreement confidential to the extent that such confidentiality is lawfully permitted pursuant to Florida or Federal law. 2. The SUBRECIPIENT shall limit disclosure of its Confidential Information to the minimum necessary to properly perform under this Agreement. The SUBRECIPIENT understands that the City is subject to Florida Public Records laws and that information that SUBRECIPIENT may consider Confidential Information may be subject to disclosure absent a statutory exemption. In the event a public records request is made for Confidential Information of SUBRECIPIENT, the SUBRECIPIENT shall be responsible for defending its assertion that such records are subject to an exemption from disclosure and shall indemnify the City from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of a public records request for SUBRECIPIENT’s Confidential Information where SUBRECIPIENT asserts an exemption to disclosure B. Health Insurance Portability and Accountability Act (“HIPAA”) 1. Generally. If the SUBRECIPIENT meets the definition of “Covered Entity,” as defined in 45 CFR § 160.103, or a “Hybrid Entity,” as defined in 45 CRF § 164.103, then: a. Before providing any services funded, in whole or in part, through this Agreement that may cause the SUBRECIPIENT to generate Protected Health Information (“PHI”) as defined in 45 CFR § 160.103, the SUBRECIPIENT must first obtain legally sufficient medical release authorizations from each individual receiving such services. b. Such required medical release authorizations may be limited in scope; however, they must at least permit the disclosure of any PHI that is in any way related to the Subaward-funded services that individual(s) receive to the City for reporting, monitoring, and auditing purposes. c. The City hereby reserves the right to deny payment for any costs the SUBRECIPIENT incurs in its provision of otherwise funding-eligible services to any individual(s) for 57 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 21 of 30 whom it does not have a valid and current medical release authorization as required by this provision. d. Additionally, the SUBRECIPIENT must require any of its subcontractors for which this provision is applicable to secure such requisite medical release authorizations as well. 2. Business Associate Agreements. Should the SUBRECIPIENT’s provision of services under this Agreement require access to PHI generated by the City, then the SUBRECIPIENT must execute a Business Associate Agreement that complies with the standards found in 45 CFR § 164.504(e). C. Florida Information Protection Act (“FIPA”) 1. Pursuant to Section 501.171(g)1., Florida Statutes, “Personal Information” means either of the following: a. An individual’s first name or first initial and last name in combination with any one or more of the following data elements for that individual: (1) A social security number; (2) A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; (3) A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual’s financial account; (4) Any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or (5) An individual’s health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. b. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. 2. If, pursuant to this Agreement, the SUBRECIPIENT is maintaining, storing, or processing personal information on behalf of the City, the SUBRECIPIENT is the City’s “Third-Party Agent” under FIPA and hereby agrees to comply with all obligations for such “Third-Party Agents” as detailed in Section 501.171, Florida Statutes. These obligations include, but are not limited to: a. Taking reasonable measures to protect and secure data in electronic form containing personal information; and b. Providing notice to the City in the event of a breach of security of the SUBRECIPIENT’s system as expeditiously as practicable, but no later than ten (10) calendar days following the determination of the breach of security or reason to believe the breach occurred. 58 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 22 of 30 3. The SUBRECIPIENT shall be responsible and liable for all costs associated with any required notices, fines, or fees assessed against the City for any breach of Personal Information that is the fault of the SUBRECIPIENT. Article 21: Remedies for Noncompliance A. Remedies for Noncompliance. Pursuant to 2 CFR § 200.339 (“Remedies for Noncompliance”), if the SUBRECIPIENT fails to comply with the U.S. Constitution, federal statutes, regulations, or the terms and conditions of a Federal Award or any additional conditions that the Federal Awarding Agency or City may impose, and the Federal Awarding Agency or City determine that such noncompliance cannot be remedied by imposing additional conditions, the Federal Awarding Agency or City may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT or more severe enforcement action by the Federal Awarding Agency or City; 2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate this Agreement; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated at the recommendation of the City; 5. Withhold further Federal Awards for the project or program; or 6. Take other remedies that may be legally available. Article 22: Termination A. Termination for Convenience by the City. Pursuant to 2 CFR Part 200, Appendix II, Paragraph B, contracts made pursuant to a Federal Award must address termination for convenience by the City including the manner by which it will be affected and the basis for settlement. As such, the City may terminate this Agreement for convenience by providing a written thirty (30) calendar day notice to the SUBRECIPIENT. B. Termination by the SUBRECIPIENT. Pursuant to 2 CFR § 200.340(a)(4), the SUBRECIPIENT may terminate this Agreement upon sending the City written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward was made, the City may terminate the Subaward in its entirety. Additionally, a SUBRECIPIENT’s failure to complete performance on a Subaward in the manner initially agreed upon may compromise the SUBRECIPIENT’s ability to receive subawards, other grants, or any other contract opportunities from the City in the future. 59 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 23 of 30 C. Termination for Cause. 1. Immediate Termination. a. The City reserves the right of “Immediate Termination” of this Agreement, with such termination to be effectuated as of the SUBRECIPIENT’s receipt of written notice which may be hand-delivered or transmitted by electronic mail to the SUBRECIPIENT’s Agreement Liaison noted in TABLE 1 – THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B. Notwithstanding the foregoing, the City, as a courtesy, may additionally provide the SUBRECIPIENT with such notice in the manner provided in Article 5 (“Notice”) of this Agreement. b. Immediate Termination pursuant to this provision shall be permitted for any number of the following reasons: (1) The Federal Awarding Agency terminates the Federal Award; (2) Any circumstance under which the City is no longer receiving Federal Award funds to reimburse the SUBRECIPIENT occurs; (3) The amount invoiced by the SUBRECIPIENT meets or exceeds the amount of the Subaward provided for in this Agreement; (4) The SUBRECIPIENT files bankruptcy or otherwise becomes insolvent; (5) The SUBRECIPIENT is determined to be ineligible to do business in the State of Florida; (6) If the SUBRECIPIENT is a non-profit agency, loss of the SUBRECIPIENT’s non-profit status; or (7) As otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. The City may terminate this Agreement for cause upon providing a written fourteen (14) calendar day breach of contract and termination notice. Such termination for cause may be for any material breach of this Agreement, or if the City, using its sole discretion, determines that the SUBRECIPIENT is unable to perform under this Agreement. 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or accept the SUBRECIPIENT’s proposed cure if such an opportunity is provided, the City reserves the right to provide the SUBRECIPIENT the opportunity to cure any stated breach. Such opportunity to cure can be used in tandem with, or in lieu of, a Letter of Findings issued in accordance with Article 15 (“Monitoring Requirements”) of this Agreement. If the City provides such opportunity to cure, shall: a. Provide the opportunity to cure as a part of the City’s breach of contract and termination notice; and b. Allot an appropriate deadline by which the SUBRECIPIENT must provide its proposed cure to the City. 60 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 24 of 30 4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the SUBRECIPIENT’s damages for such termination, if any, shall be the same as if the City terminated this Agreement for convenience. D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement was due to the SUBRECIPIENT’s material failure to comply with the Subaward’s terms and conditions, the City reserves the right to report the SUBRECIPIENT to the Federal Awarding Agency so that it may report the termination to the OMB-designated integrity and performance system accessible through the federal System of Award Management (“SAM”). E. In the Event of Termination. After receipt of a notice of termination, except as otherwise directed, the SUBRECIPIENT shall take all of the following actions: 1. Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the requirements in 2 CFR §§ 200.344 (“Closeout”) and 200.345 (“Post-Closeout Adjustments and Continuing Responsibilities”); 2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not yet been recouped by the City (if any); 3. Stop working under this Agreement on the date of receipt of the notice of termination unless otherwise stated in such notice; 4. Place no further orders and enter into no further agreements to the extent that either relate to the performance of the work which was terminated and direct any subcontractors to do the same; 5. Terminate all orders and subcontracts to the extent that they relate to the performance of the work, which was terminated; 6. Finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the date of termination, up to and including the final invoice due at the end of the project without reimbursement beyond that due as of the date of termination for services rendered to the termination date; 7. Take any other actions as reasonably directed in writing by the City. F. Payment in Event of Termination. If this Agreement is terminated before performance is completed, whether for convenience or cause, the SUBRECIPIENT shall be paid for the work or services satisfactorily performed. In the event the Agreement is terminated for cause, the City shall be entitled to collect all or part of any funds owed to the City by the SUBRECIPIENT by deduction from the reimbursement or payment amount due the SUBRECIPIENT. No other damages, fees, or costs may be assessed against the City for its termination of the Agreement. G. Force Majeure. 1. The SUBRECIPIENT shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by explosion, war, embargo, government requirement, civil or military authority, pandemic, act of God, or other similar causes beyond the SUBRECIPIENT’s control so long as the SUBRECIPIENT’s delay 61 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 25 of 30 is not caused by the SUBRECIPIENT’s own fault or negligence. Notwithstanding the foregoing, the SUBRECIPIENT cannot claim Force Majeure under this provision for any emergency, exigency, or “Act of God” that is specifically contemplated within the “Scope of Services” of this Agreement, or which in any way existed at the time this Agreement was executed. 2. The above notwithstanding, in order to claim delay pursuant to this provision, the SUBRECIPIENT shall notify the City in writing within seven (7) business days after the beginning of any such cause that would affect its performance under this Agreement. Failure to notify the City in a timely manner of any claim of Force Majeure made pursuant to this provision is cause for termination of this Agreement. 3. If the SUBRECIPIENT’s performance is delayed pursuant to this provision for a period exceeding seven (7) business days from the date the City receives the required Force Majeure notice, the City shall have the right to terminate this Contract thereafter and shall only be liable to the SUBRECIPIENT for any work performed pursuant to this Agreement prior to the date of the City’s termination. 4. No other damages, fees, or costs may be assessed against the City for its termination of this Agreement pursuant to this provision. Nothing in this provision shall prevent the City from terminating this Agreement for any purpose otherwise expressly stated in this Agreement. Article 23: General Provisions (Alphabetical) A. Assignments and Successors. The parties deem the services to be rendered pursuant to this Agreement to be personal in nature. Each party binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither party shall assign, sublet, convey, or transfer its interest in this Agreement without the written consent of the other, which consent shall be in the sole determination of the party with the right to consent. B. Attorneys’ Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall each bear their own costs, expert fees, attorneys’ fees, and other fees incurred in connection with this Agreement and any action or proceeding arising out of or relating to this Agreement (an “Action”). C. Conflicts. The SUBRECIPIENT shall comply with all applicable local, state, and federal laws, regulations, executive orders, and the policies, procedures, and directives of the Federal Awarding Agency. Should there be conflict between the various applicable laws and this Agreement, the most restrictive shall govern. D. Construction and Representations. Each party acknowledges that it has had the opportunity to be represented by counsel of such party’s choice with respect to this Agreement. In view of the foregoing, and notwithstanding any otherwise applicable principles of construction or interpretation, this Agreement shall be deemed to have been drafted jointly by the parties and in the event of any ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied upon any representations or statements made by the other party to this Agreement which are not specifically set forth in this Agreement. E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in counterparts, both of which shall be deemed an original and which taken together shall constitute one agreement. Any counterpart may be delivered by any party by electronic transmission of the full 62 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 26 of 30 Agreement as executed by that party to the other party as mutually agreed upon by the parties, and delivery shall be effective and complete upon completion of such transmission. F. Governing Law. This Agreement shall be considered as having been entered into in the State of Florida and shall be construed and interpreted in accordance with the laws of that state. G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement, including the Table of Contents or Table of Terms and Provisions, are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. H. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any right that party does or might have to a trial by jury related to any Action. I. Remedies. No remedy conferred upon any party in this Agreement is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any rights, power, or remedy hereunder shall preclude any other or further exercise thereof. J. Severability. The provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependence is a material inducement for the parties to enter into this Agreement. Therefore, should any material term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. K. Signatory. Each signatory below represents and warrants that he or she has full power and is duly authorized by their respective party to enter into and perform under this Agreement. Such signatory also represents that he or she has fully reviewed and understands the above conditions and intends to fully abide by the conditions and terms of this Agreement as stated. L. Survivorship. Those provisions which by their nature are intended to survive the expiration, cancellation, or termination of this Agreement, including, by way of example only, the indemnification and public records provisions, shall survive the expiration, cancellation, or termination of this Agreement. M. Use of City and SUBRECIPIENT Logos. Both parties are prohibited from use of any and all of the other party’s emblems, logos, or identifiers without written permission from that party. N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court of competent jurisdiction sitting in Boynton Beach, Florida, regarding any Action, and further agrees that any such Action shall be heard and determined in such Florida federal or state court. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Boynton Beach, Florida. O. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at 63 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 27 of 30 any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. P. Written Modification. 1. No modification of this Agreement shall be binding upon any party to this Agreement unless it is reduced to writing and is signed by a duly authorized representative of each party to this Agreement. 2. Notwithstanding the above subparagraph, the parties hereby recognize that the Federal Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted to unilaterally “pass-down” to the SUBRECIPIENT without formal amendment to this Agreement. 3. The City shall provide notice such unilateral amendments to the SUBRECIPIENT in a timely fashion to both by electronic mail to the SUBRECIPIENT agreement liaison noted in TABLE 1 – THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B. 4. The SUBRECIPIENT hereby agrees to work with the City in good faith to make any additional amendments to this Agreement as may be necessary pursuant to directive provided by the Federal Awarding Agency. Article 24: Attachments The documents provided for in the table below are hereby incorporated by both reference and attachment and therefore form a material part of this Agreement. Attachment Name Attachment Title Form 1 E-Verify Use and Registration Certification Form 2 Public Entity Crimes and Scrutinized Companies Certification Form 3 Small and Minority Business Enterprise (“MBE”), Women Business Enterprise (“WBE”), and Labor Surplus Area Firm Certification Form 4 Federal Suspension and Debarment Certification Form 5 Certification Regarding Lobbying Form 6 Affidavit of Compliance with Anti-Human Trafficking Laws Exhibit A Required Information for Federal Subawards Schedule Exhibit B Scope of Services Exhibit C Budget Attachment 1 Insurance Advisory Form Article 25: Entire Agreement This Agreement, and any documents incorporated, referenced, or attached to this Agreement, sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements, 64 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 28 of 30 negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. [ SIGNATURES ON FOLLOWING PAGES] [ REMAINDER OF PAGE LEFT BLANK] 65 CITY OF BOYNTON BEACH, FLORIDA SIGNATURE PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 29 of 30 The City has executed this Agreement on the date set forth below. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of , 20 . CITY OF BOYNTON BEACH, FLORIDA: ATTEST: _____________________ _______________________________ City Clerk – Signature Mayor – Signature Approved as to form: ________________________ City Attorney – Signature SUBRECIPIENT SIGNATURE ON FOLLOWING PAGE 66 SUBRECIPIENT SIGNATURE PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. Page 30 of 30 BOYNTON BEACH, FLORIDA’S SIGNATURE ON PREVIOUS PAGE The SUBRECIPIENT has executed this Agreement on the date set forth below. SUBRECIPIENT AGENCY: _______________________________ Subrecipient Agency – Signature _______________________________ _____________________________ Print Name Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ___ day of _____________, 20___, by _____________________________. Personally, Known OR Produced Identification _ Type of Identification Produced ___________________________ Seal NOTARY PUBLIC Notary – Signature Print Name 67 Form 1 E-Verify Registration and Use Certification Community Development Block Grant Subaward Agreement – Form 1 City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 1 COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS Please note that the City will verify that the SUBRECIPIENT has an active registration on https://e-verify.gov. If the SUBRECIPIENT does not have an active registration noted on the E-Verify website because the Federal Government has not yet updated its website, it must then provide a copy of the E-Verify Memorandum of Understanding for Employers that the SUBRECIPIENT received upon registration to the City. E-VERIFY REGISTRATION USE CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this E-Very Use and Registration Certification and Affidavit. B. The SUBRECIPIENT is registered with the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all employees hired during the term of this Agreement and shall provide evidence of such registration to the City upon request. C. The SUBRECIPIENT does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. D. The SUBRECIPIENT shall require all subcontractors performing work under this Agreement to provide an affidavit stating that such subcontractors do not employ, contract with, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency – Signature Title Printed Name Date 68 Form 2 Public Entity Crimes and Scrutinized Companies Certification Community Development Block Grant Subaward Agreement – Form 2 City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 2 COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS Part 1: Certification of Compliance with Section 287.133, Florida Statutes (Public Entity Crime) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. Neither the SUBRECIPIENT, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the SUBRECIPIENT, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989. B. The SUBRECIPIENT has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list. C. The SUBRECIPIENT acknowledges that for the purposes of this certification, the terms “public entity crime,” “convicted,” and “affiliate,” are as defined in Section 287.133, Florida Statutes, which the SUBRECIPIENT has reviewed prior to the execution of this certification. D. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C (“Termination”) of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: 1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statute subsequent to entering into this Agreement with the City. E. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT’s status under Section 287.133, Florida Statutes, changes in any manner. Part 2: Certification of Compliance with Section 287.135, Florida Statutes (Scrutinized Companies) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. The SUBRECIPIENT certifies that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes. B. The SUBRECIPIENT is not: 1. On the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, and the SUBRECIPIENT is not engaged in a boycott of Israel; 69 Form 2 Public Entity Crimes and Scrutinized Companies Certification (Continued) Community Development Block Grant Subaward Agreement – Form 2 City of Boynton Beach and Pathways to Prosperity, Inc. Page 2 of 2 2. On the “Scrutinized Companies with Activities in Sudan List” or the “Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,” created pursuant to Section 215.473, Florida Statutes; or 3. Engaged in business operations in Cuba or Syria. C. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C (“Termination”) of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: 1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement with the City. D. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT’s status under Section 287.135, Florida Statutes, changes in any manner. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency – Signature Title Printed Name Date 70 Form 3 Small and Minority Business Enterprise (“MBE”), Women Business Enterprise (“WBE”), and Labor Surplus Area Firm Certification Community Development Block Grant Subaward Agreement – Form 3 City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 1 COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS CERTIFICATION OF COMPLIANCE WITH 2 CFR § 200.321 The undersigned hereby certifies on behalf of the SUBRECIPIENT, that the SUBRECIPIENT will comply with all of the following should the SUBRECIPIENT subcontract using any portion of the Subaward: A. When selecting subcontractors and making procurements with the Subaward, the SUBRECIPIENT shall take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus firms are used whenever possible while expending the Subaward. B. Pursuant to 2 CFR § 200.321, such affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. The SUBRECIPIENT understands that it must pass this obligation down to its subcontractors (if any). Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency – Signature Title Printed Name Date 71 Form 4 Federal Suspension and Debarment Certification Community Development Block Grant Subaward Agreement – Form 4 City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 1 COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS Please note that the City will verify that the SUBRECIPIENT has an active registration with SAM.gov on https://www.SAM.gov. If the SUBRECIPIENT does not have an active registration noted in the SAM.gov system, then this Agreement will not be executed by the City. FEDERAL SUSPENSION AND DEBARMENT CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this Federal Suspension and Debarment Certification. B. The SUBRECIPIENT complies with 2 CFR Part 180, Subpart C (“Responsibilities of Participants Regarding Transactions Doing Business with Other Persons”). C. The SUBRECIPIENT is registered and maintains an active registration with SAM.gov and will maintain an active registration with SAM.gov for the entire term of this Agreement. D. The SUBRECIPIENT does not appear on the SAM Exclusions list and shall notify the City within five (5) business days if it is added to the SAM Exclusions list, or should its status under the SAM system change in any way during the term of this Agreement. E. The SUBRECIPIENT shall include a requirement to comply with 2 CFR Part 180, Subpart C in any lower tier covered transactions into which it enters. F. The SUBRECIPIENT understands and agrees that the City reserves the right to institute additional restrictions and conditions to this Agreement, terminate this Agreement, and pursue any other remedy available under local, state, and federal law, should the SUBRECIPIENT: (1) be found to have misrepresented its SAM.gov status in any manner; or (2) fail to notify the City of any change in its status under the SAM.gov system. This certification is a material representation of fact relied upon by the City. If it is later determined that the SUBRECIPIENT fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to, suspension or debarment. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency – Signature Title Printed Name Date 72 Form 5 Certification Regarding Lobbying Community Development Block Grant Subaward Agreement – Form 5 City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 2 COMPLETION OF THIS FORM IS CONDITIONAL This form is required for all SUBRECIPIENTs receiving a Subaward in an amount that exceeds $100,000. Does the Subaward exceed $100,000? No If “No” then the SUBRECIPIENT may disregard this form. If “Yes” then the SUBRECIPIENT hereby executes the following Certification Regarding Lobbying as required by 31 USC § 1352: CERTIFICATION REGARDING LOBBYING 31 USC § 1352 Part 1: Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies on behalf of the SUBRECIPIENT that: A. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the SUBRECIPIENT shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. C. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Part 2: Statement for Loan Guarantees and Loan Insurance The undersigned certifies on behalf of the SUBRECIPIENT that: A. If any funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the SUBRECIPIENT shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. 73 B. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency – Signature Title Printed Name Date [ REMAINDER OF PAGE LEFT BLANK] 74 Form 6 Affidavit of Compliance with Anti-Human Trafficking Laws Community Development Block Grant Subaward Agreement – Form 6 City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 1 In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below (“Entity”), hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled “Human Trafficking.” Date: ____________________, 20___ Signed: Entity: Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of ______________, 20____, by _______________________________, as ____________________________ for _____________________________________________________, who is personally known to me or who has produced ________________________ as identification. Notary Public Signature: State of Florida at Large (Seal) Print Name: My commission expires: 75 Exhibit A Required Information for Federal Subawards Table Community Development Block Grant Subaward Agreement – Exhibit A City of Boynton Beach and Pathways to Prosperity, Inc. Page 1 of 1 REQUIRED PURSUANT TO 2 CFR § 200.332 Federal Requirements Subaward-Specific Information SUBRECIPIENT Name (registered name in SAM.gov): Pathways to Prosperity, Inc. SUBRECIPIENT's Unique Entity Identifier (UEI): EH5XLFEQ5C95 Federal Award Identification Number (FAIN): N/A (CDBG Multiple Years Rollover Funds) Federal Award Date: N/A (CDBG Multiple Years Rollover Funds) Subaward Period of Performance Start and End Date: Start: Upon Execution End: 09/30/2025 Federal Award Budget Period Start and End Date: Start: 10/01/2024 End: 09/30/2025 Amount of Federal Funds obligated by this action by the Pass-Through Entity to the SUBRECIPIENT: $35,000.00 Total Amount of Federal Funds Obligated to the SUBRECIPIENT by the Pass-Through Entity including the current financial obligation: $35,000.00 Total Amount of the Federal Award committed to the SUBRECIPIENT by the Pass-Through Entity: $35,000.00 Federal subaward Project Description: 24 CFR 570.201(e) – Public Services Activity – Assistance to Increase Self-Sufficiency; National Objective 24 CFR Part 570.208 (a)(1)(i) Name of Federal Awarding Agency: U.S. Department of Housing and Urban Development (HUD) Name of Pass-Through Entity: City of Boynton Beach Pass-Through Entity’s Awarding Official Contact Information: Name: Ty Penserga, Mayor Email: PensergaT@bbfl.us Phone: 561-742-6010 CFDA Number and Name: Number: 14.228 Name: Community Development Block Grant Is the Subaward R&D related?: No Is there an indirect cost rate for the Subaward?: No Requirements of the Federal Award imposed on the SUBRECIPIENT?: Yes, see the terms of the Agreement and attached exhibits and forms. Are there any additional requirements imposed on SUBRECIPIENT in order for the Pass-Through Entity to meet its own reporting responsibilities to the Federal Awarding Agency?: Yes, see the terms of the Agreement and attached exhibits and forms. Is there a requirement that the SUBRECIPIENT must permit the Pass-Through Entity and auditors to have access to the SUBRECIPIENT’s records and financial statements?: Yes, see: Article 14 (“Maintenance, Retention, and Access to Records”) and Article 16 (“Audit Requirements”). Are there appropriate terms and conditions concerning closeout of the Subaward?: Yes, see: Article 13 (“Progress Reporting and Subaward Closeout”) 76 Exhibit B Scope of Services Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. CIRCLES Boynton Beach Program Overview: Circles Palm Beach County is based on a model that empowers people in poverty to build intentional relationships across income and class lines. Circles is a nationwide, proven anti-poverty strategy recognizing a family’s upward mobility is inextricably linked to the economic & social capital of their personal and professional “circles”. Circles’ unique, comprehensive curriculum identifies and addresses barriers keeping people in poverty. Circles is a highly effective program: within our most recent cohort of graduates, 33% experienced increased income within the first 6 months of program participation. 41% of Boynton Beach Circles’ participants increased their savings in the last year, with an average savings increase of $4,111. Circles PBC will serve 21 Circle Leaders from Boynton Beach and their families, for a total of 50 individuals from Boynton Beach served. Participants will receive family stabilization support and financial literacy, dinner, childcare, and support with transportation for Circles-related meetings, plus case management and wrap- around support. Scope of Services: Circles matches people living in poverty, or “Circle Leaders”, with middle- to upper-income volunteers, called “Allies”, to establish relationships across class lines and create multidimensional support systems. Circles staff, or “Coaches”, provide financial literacy, transitional services, guide goal-setting and match Circle Leaders with a volunteer Ally. Allies support them in reaching their goals: increasing savings or skills, getting a job or a better one, making sound financial and other life decisions. The Circles Case Manager provides wrap-around support such as obtaining government IDs, safe/stable housing, food security, healthcare access, emergency financial support when needed, parenting and childcare resources, and more. Circle Leader training is conducted in cohorts of 15 to 20 individuals for 15 to 18 weeks, culminating in a graduation celebration. Participants assess their current relationships, resources and reason or purpose for making the necessary changes to escape from poverty permanently. During this time Allies also attend training sessions that increase awareness of poverty issues within the families they will be matched with as well as issues that affect the community as a whole. After graduating from Circle Leader training, participants are matched with an Ally for a minimum of 18 months, where the real work begins. They work towards reaching their SMART goals in 3 key areas: financial, educational, and social. Moving forward, weekly Community Meetings gather Circle Leaders, Allies, Coaches, and other interested community members to provide support and networking opportunities, with topics such as how to start a business (with speakers from CRA) and first time homebuying (with local real estate professionals). Big View Meetings are held once per month, and feature a far-ranging discussion of the causes of poverty in the community and how to address them for the long term, in the process removing systemic barriers. A 12-person Guiding Coalition, spearheaded by Circle Leader graduates, helps determine programmatic direction and meets once per month. We also host monthly Circle Leader and Ally mixers, where everyone breaks bread together while discussing challenges and sharing successes. Dinner, childcare, and support with transportation for all Circles-related meetings is provided. Children of Circle Leaders and Allies are introduced to financial literacy education through our Circles for Youth program, where they, too, create Dream Boards, set SMART goals, open bank accounts, and participate in savings challenges much 77 Exhibit B Scope of Services Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. like the adult participants. $35,000 of CDBG funds will be used to support our Chief Operating Officer, who provides oversight of the Circles program and the Circles Director, ensuring deliverables are met, verifying, gathering and disseminating outcomes to funders and other stakeholders. She facilitates the marketing, recruitment, and hiring of all Circles staff. She provides oversight of programmatic elements such as our Circles Savings Match Initiative and our Specific Assistance to Individuals fund. Her duties also include planning, research, communications, personnel, recordkeeping/bookkeeping, billing/reimbursements, property management, and payroll. (.5FTE @ $58,000 = $29,000 + fringe $6,000 = $35,000). . 78 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. EXHIBIT C Based on the “Scope of Services” as set forth in Exhibit B, below is the established budget and activities for this Agreement: Project Phase CDBG Funds Personnel $29,000.00 Payroll Taxes & Benefits $ 6,000.00 Totals $35,000.00 FUNDING AND METHOD OF PAYMENT: It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from the federal CDBG Program; and funds are subject to HUD’s approval of the CITY’s CDBG FY 2024 Annual Action Plan; and the approved reimbursements through HUD’s Integrated Disbursement and Information System (IDIS). The services provided with this funding will be to serve low-to-moderate income (LMI) individuals that are 80% or below, the area median income (AMI). A signed and dated household income certification form and proof of income (e.g. pay stubs, retirement benefits, signed and dated income self-certification form, etc.) from individuals served, is required to be kept in individual’s file. All reimbursement requests must be supported by an appropriate level of expense support documentation and progress reporting clearly demonstrating that the applicable progress threshold for the request has been achieved. All requests for reimbursement shall adhere to the standards set forth in Article 10: Reimbursement Requests and Article 11: Payment Terms. Failure for SUBRECIPIENT to adhere to these standards may result in delay of payment and / or disallowance of funding. 79 Attachment 1 Community Development Block Grant Subaward Agreement City of Boynton Beach and Pathways to Prosperity, Inc. The following are hereby incorporated into this “Attachment 1” (Insurance Advisory Form) by reference: City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ---------------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ---------------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ---------------------------------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate - $1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ---------------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 80 Community Development Block Subaward Grant Agreement – Coversheet City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page i of i Community Development Block Grant (CDBG) Subaward Agreement between City of Boynton Beach, Florida and Boynton Beach Faith Based Community Development Corporation, Inc. for a CDBG subaward of an amount not to exceed $282,116.00 from a federal award issued by U.S. Department of Housing and Urban Development for the specific purpose of Homesteaded Owner-Occupied Limited Rehabilitation for Qualifying Households. SUBAWARD COVERSHEET INTERNAL TABLE – FOR CITY INTERNAL USE ONLY City Contract No.: City Contract No. __Resolution R24 – 165_____________ Financial Services Department: Community Improvement Division CDBG Eligible Activity 24 CFR 570.202(a)(1) – Eligible Rehabilitation and Preservation activities – Improvements to Single Family Residential Properties; National Objective 24 CFR Part 570.208 (a)(3) TABLE OF TERMS AND PROVISIONS Article 1: Standard CDBG Form Subaward Agreement ................................................................................................. 1 Article 2: The Parties ...................................................................................................................................................... 1 Article 3: Notice of Federal Subaward ............................................................................................................................ 1 Article 4: Term of Agreement and Subaward Period of Performance ........................................................................... 3 Article 5: Notice .............................................................................................................................................................. 3 Article 6: SUBRECIPIENT’s Obligations and Responsibilities ....................................................................................... 3 Article 7: Procurement and Subcontracting Standards .................................................................................................. 6 Article 8: Property Standards ......................................................................................................................................... 7 Article 9: Budget ............................................................................................................................................................. 7 Article 10: Reimbursement Requests ............................................................................................................................. 8 Article 11: Payment Terms ........................................................................................................................................... 10 Article 12: Return of Funds ........................................................................................................................................... 11 Article 13: Progress Reporting and Subaward Closeout ............................................................................................. 12 Article 14: Maintenance, Retention, and Access to Records ....................................................................................... 13 Article 15: Monitoring Requirements ............................................................................................................................ 15 Article 16: Audit Requirements ..................................................................................................................................... 15 Article 17: Insurance ..................................................................................................................................................... 17 Article 18: Indemnification, Sovereign Immunity, and Liability ..................................................................................... 19 Article 19: Independent Contractor, Non-Agent SUBRECIPIENT, and Third Parties ................................................. 19 Article 20: Confidentiality .............................................................................................................................................. 20 Article 21: Remedies for Noncompliance ..................................................................................................................... 22 Article 22: Termination .................................................................................................................................................. 22 Article 23: General Provisions ..................................................................................................................................... 25 Article 24: Attachments................................................................................................................................................. 27 Article 25: Entire Agreement ........................................................................................................................................ 27 81 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 30 Article 1: Standard CDBG Subaward Form Agreement A. This CDBG Subaward Agreement (“Agreement”) is a “Standard CDBG Subaward Form Agreement.” Any changes to this standard form shall be noted separately through an amendment to the Agreement which must be separately executed by the parties to this Agreement in order to be binding upon the parties. Article 2: The Parties A. This Agreement is entered into by and between the two parties indicated in the following table: TABLE 1 – THE PARTIES Party #1 Name: City of Boynton Beach (the “City”) Entity Type: A Florida Municipal Corporation Principal Address: 100 E. Ocean Avenue Boynton Beach, Florida 33435 Agreement Liaison Name: Dan Dugger, City Manager Email Address: duggerd@bbfl.us Party #2: Name: Boynton Beach Faith Based Community Development Corporation, Inc. a Community Based Development Organization (the “SUBRECIPIENT”) Entity Type: 501(c)(3) Not-for-Profit Principal Address: 2191 N Seacrest Blvd. Boynton Beach, FL 33435 Agreement Liaison Name: Keturah Joseph, Executive Director Email Address: kjbbfbcdc@yahoo.com B. The City and the SUBRECIPIENT may unilaterally re-designate their respective agreement liaisons by providing written notice of such change to the other party in accordance with Article 5 (“Notice”) of this Agreement. C. Both the City and the SUBRECIPIENT may be individually referred to as “party” or collectively referred to as “parties” in this Agreement. Article 3: Federal Subaward Information A. Subaward Information. The table below provides basic information regarding the underlying subaward pursuant to which this Agreement is being entered. 82 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 30 TABLE 2 – SUBAWARD INFORMATION Subaward Project Description: Owner-Occupied Limited Rehabilitation for Qualifying Households Program through a Community Based Development Organization (the “SUBRECIPIENT”). Awarding Agency Description: U.S. Department of Housing and Urban Development (the “Federal Awarding Agency”) – Community Development Block Grant (the “Federal Award”) – City of Boynton Beach (the “Grantee”). Subaward ID No.: Resolution R24 – 165 Resolution Date: 08/6/2024 B. Federal Subaward Amount. The amount of the underlying subaward is: $282,116.00. C. SUBRECIPIENT Compliance with Federal Subaward. At all times during which the SUBRECIPIENT is performing under this Agreement, the SUBRECIPIENT shall comply with the award terms and conditions of the underlying Federal subaward, as well as with any guidance provided by the Federal Awarding Agency. D. Compliance with the Federal Uniform Guidance. The SUBRECIPIENT shall comply with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the “Uniform Guidance”) when meeting its obligations under this Agreement. E. References for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance – or any other applicable federal, state, or local law – that are referenced in this Agreement are referenced for emphasis only. The exclusion of a specific applicable provision of law from this Agreement does not alleviate the SUBRECIPIENT from its obligation to comply with any such applicable provisions. F. By executing this Agreement, the SUBRECIPIENT hereby certifies that it has reviewed 2 CFR Part 200 and any relevant Federal Awarding Agency guidance and that it understands its obligations pursuant to such federal regulations and guidance. G. Federal Subaward Amount. The amount of the Federal Subaward issued pursuant to this Agreement is an amount not to exceed $282,116.00 (the “Subaward”). This Agreement’s use of “an amount not to exceed” shall in no way entitle the SUBRECIPIENT to reimbursement or payment of the maximum amount provided unless such reimbursement or payments have been earned by the SUBRECIPIENT in accordance with the terms and provisions of this Agreement. H. Required Information. Any additional information required pursuant to 2 CFR § 200.332 (“Requirements for Pass-Through Entities”) may be found in the Required Information for Federal Subawards Schedule attached to this Agreement as “Exhibit A.” 83 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 3 of 30 Article 4: Term of Agreement and Subaward Period of Performance A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the “Effective Date”) and shall terminate on: 09/30/2025, unless extended or renewed in accordance with the terms of this Agreement. B. Subaward Period of Performance. 1. The “Subaward Period of Performance” is the time during which the SUBRECIPIENT may incur obligations to carry out the work or services authorized under this Agreement. The SUBRECIPIENT may not invoice for any work completed, or services rendered, outside of the Subaward Period of Performance. This provision is required pursuant to 2 CFR § 200.332(a)(1)(v). 2. The Subaward Period of Performance of this Agreement is: UPON EXECUTION to 9/30/2025. Article 5: Notice Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be deemed effective as of date of receipt. TABLE 3 – NOTICE To the City: City of Boynton Beach Attn: Dan Dugger, City Manager City Manager’s Office, 4th. Floor 100 E. Ocean Avenue Boynton Beach, Florida 33435 To the SUBRECIPIENT: Boynton Beach Faith Based Community Development Corporation, Inc. Attn: Keturah Joseph, Executive Director 2191 N. Seacrest Blvd. Boynton Beach, Florida 33435 Article 6: SUBRECIPIENT’s Obligations and Responsibilities A. Scope of Services. 1. The SUBRECIPIENT shall be responsible for meeting the objectives of this Subaward, as detailed in the “Scope of Services” attached to this Agreement as “Exhibit B”, in a manner that is deemed satisfactory by the City and consistent with the standards set forth in this Agreement, the Federal Award, and any directives or guidance issued by the Federal Awarding Agency. 2. The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize funds provided pursuant to this Agreement for any activity or purpose not included in, or in conformance with, the “Scope of Services.” 84 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 4 of 30 B. SUBRECIPIENT’s Agreement Liaison. The SUBRECIPIENT’s agreement liaison identified in TABLE 1 – THE PARTIES , or as re-designated pursuant to Article 2, Paragraph B above, shall be available to communicate and meet with the City’s agreement liaison and relevant City staff in order to review the SUBRECIPIENT’s performance pursuant to this Agreement. The City reserves the right to, at no additional cost to the City, require that the SUBRECIPIENT change its agreement liaison if the City’s agreement liaison believes doing so best serves the performance or objectives of the Subaward, or this Agreement. C. Licenses and Approvals. The SUBRECIPIENT hereby represents and warrants that it has and will continue to maintain all licenses, insurances and approvals required to meet its obligations under the Scope of Services, and that it will at all times conduct its activities in a reputable manner. Proof of such licenses, insurances and approvals shall be submitted to the City within three (3) business days upon request. Failure by the City to request such proof of licensure, insurance and approvals shall in no manner be construed as alleviating the SUBRECIPIENT’s obligations pursuant to Paragraph C of this Article, nor shall it be construed as shifting or imposing any liability onto the City. D. Employees of the SUBRECIPIENT. 1. Skillful Provision of Services. All services or work provided pursuant to this Agreement shall be performed by the employees, volunteers, associates, or agents of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) in a professional and skillful manner. 2. Employee Licensure. Any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) whose performance under this Agreement requires licensure shall have such valid and active licensure for the full duration of their performance under this Agreement. 3. Removal of Employees. The City may require the SUBRECIPIENT to remove any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) that the City’s agreement liaison – using their sole discretion – deems to be incompetent, careless, or otherwise objectionable from performing work or services related to this Agreement. The City shall not be responsible for any costs related to such removal. 4. E-Verify Use and Registration Certification. Pursuant to Section 448.095, Florida Statutes, the SUBRECIPIENT must certify that it is registered with, and uses, the E-Verify system to verify the work authorization status of all newly hired employees. The SUBRECIPIENT must further certify that it does not employ, contract with, or subcontract with an unauthorized alien, and shall provide an affidavit affirming this prior to the effective date of the contract. These certifications shall be provided by use of the E-Verify Use and Registration Certification found attached to this Agreement as “Form 1”. Violation of s. 448.095, Florida Statutes, may result in the Immediate Termination (as later defined in Article 22 (“Termination”)) of this Agreement. E. Non-Discrimination. 1. The SUBRECIPIENT shall, at no time during the provision of services funded through this Agreement, discriminate based on race, color, religion, national origin, sex, or sexual orientation. 2. The SUBRECIPIENT shall comply with any and all federal, state, and local anti-discrimination laws, rules, and regulations. For further information about the federal anti-discrimination requirements for this Agreement, see 2 CFR Part 200, “Uniform Guidance Contract 85 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 5 of 30 Provisions” located at: eCFR :: 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. F. Inherently Religious Activities. When expending the Subaward, the SUBRECIPIENT must adhere to the following conditions: 1. The SUBRECIPIENT must not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of its provision of the services funded in whole or in part by the Subaward; 2. Such inherently religious activities must be offered separately, in time or location, from the Subaward-funded services; and 3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries of the Subaward-funded services; therefore, the SUBRECIPIENT shall not implicitly or explicitly condition receipt of any services funded in whole or part by the Subaward on participation in any inherently religious activities. G. Public Entity Crimes and Scrutinized Companies. 1. By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this Agreement as “Form 2,” the SUBRECIPIENT must certify that: a. The SUBRECIPIENT does not meet the definition of “Scrutinized Company” pursuant to Section 215.473, Florida Statutes; and b. The SUBRECIPIENT – or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the SUBRECIPIENT or an affiliate of the SUBRECIPIENT – has not been convicted of a public entity crime pursuant to Section 287.133(3), Florida Statutes. 2. The City reserves the right of Immediate Termination (as later defined in Article 22 (“Termination”)) of this Agreement should the SUBRECIPIENT: a. Be found to have falsified its certification in “Form 2”; or b. Become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to either Section 287.133, Florida Statutes (“Public Entity Crime; Denial or Revocation of the Right to Transact Business with Public Entities”) or Section 287.135, Florida Statutes (“Prohibition Against Contracting with Scrutinized Companies”) subsequent to entering into this Agreement with the City. H. Anti-Human Trafficking. On or before the Effective Date of this Agreement, SUBRECIPIENT shall provide City with an affidavit attesting that the SUBRECIPIENT does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. I. Countries of Concern. SUBRECIPIENT represents that it is, and for the duration of the term of this Agreement will remain, in compliance with Section 286.101, Florida Statutes. 86 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 6 of 30 Article 7: Procurement and Subcontracting Standards A. Procurement. The SUBRECIPIENT must comply with 2 CFR §§ 200.318-200.327 (“Procurement Standards”) and must use such procedures when expending the Subaward where SUBRECIPIENT is conducting its own procurement to satisfy the objectives of this Subaward, as detailed in the “Scope of Services”, attached as “Exhibit B”. Does the SUBRECIPIENT maintain written purchasing procedures in compliance with the aforementioned federal Procurement Standards? “Yes” or “No”: ____ If “Yes,” then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it maintains written purchasing procedures in compliance with 2 CFR §§ 200.318-200.327 (“Procurement Standards”) and will use such procedures when expending the Subaward. If “No,” then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it does not maintain written purchasing procedures that are in compliance with 2 CFR §§ 200.318-200.327 (“Procurement Standards”). As such, the SUBRECIPIENT hereby agrees to develop and use written purchasing procedures in compliance with the Procurement Standards for expending the Subaward OR agrees to use the City’s Purchasing Policy Manual. The City’s Purchasing Policy Manual can be obtained by contacting the City’s Purchasing Manager at 561-742-6322 or PintoK@bbfl.us B. Simplified Acquisition Threshold. The “Simplified Acquisition Threshold” means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00. The Simplified Acquisition Threshold provided for in this Agreement is the one that the SUBRECIPIENT – and any of its sub-SUBRECIPIENTs – must use when making its expenditures of the Subaward. If SUBRECIPIENT is utilizing the City’s purchasing procedures, SUBRECIPIENT must use the City’s more restrictive (lower) simplified acquisition threshold. C. Subcontracting. 1. Federally Required Contract Provisions and Award Terms and Conditions. The SUBRECIPIENT shall insert the relevant contract provisions and certification documents identified in Appendix II of 2 CFR Part 200 (“Contract Provisions for Non-Federal Entity Contracts Under Federal Awards”) applicable award terms into all contracts into which it enters while expending the Subaward. 2. Small and Minority Business Enterprises (“MBE”), Women Business Enterprises (“WBE”), and Labor Surplus Area Firms. The SUBRECIPIENT must execute the Small and Minority Business Enterprise (“MBE”), Women Business Enterprise (“WBE”), and Labor Surplus Area Firm Certification attached as “Form 3” stating that the SUBRECIPIENT shall take the “Five Affirmative Steps” regarding Small and Minority Business Enterprise, Women Business Enterprises, and Labor Surplus Area Firms in the solicitation and selection of subcontractor(s) or procurements as required by the Federal Government in 2 CFR § 200.321. 3. Engaging in subcontracting, pursuant to this Agreement without complying with the requirements of this article is strictly prohibited. 87 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 7 of 30 D. Sub-Subawards. 1. Approval by the City. The SUBRECIPIENT shall not issue sub-subawards to any non- Federal entity without first receiving approval from the City. 2. Pass-Through Requirements. a. The SUBRECIPIENT must pass through all obligations of the Federal Award and any placed upon the SUBRECIPIENT under this Agreement to any of its sub- SUBRECIPIENTs through a federally-compliant SUBRECIPIENT agreement. b. The SUBRECIPIENT must comply with all provisions of 2 CFR § 200.332 (“Requirements for Pass-Through Entities”) and any other applicable provisions of the Uniform Guidance when issuing a subaward to a sub-SUBRECIPIENT. E. SUBRECIPIENT/Contractor Determinations. Prior to entering into an agreement with a third-party entity that is in part or in whole funded by the Subaward, the SUBRECIPIENT shall analyze the nature of such agreement pursuant to the provisions of 2 CFR § 200.331 (“SUBRECIPIENT Subcontractor Determinations”) to determine which type of relationship and requirements apply. Article 8: Property Standards A. By executing this Agreement, the SUBRECIPIENT hereby certifies that it shall comply with 2 CFR §§ 200.310-200.316 (“Property Standards”) and will use such procedures when handling and managing any supplies, equipment, real estate, or other property procured with any portion of the Subaward. B. The SUBRECIPIENT shall maintain inventory records of all supplies, equipment, real estate, and other property procured with the Subaward and may not to sell, transfer, encumber, or otherwise dispose of any such property without the written permission of the City, in which case the procedure in 2 CFR §§ 200.311 shall be adhered to. Article 9: Budget A. Approved Budget. The City-approved Budget for the Subaward is attached to this Agreement as “Exhibit C” and shall be the basis for which the City provides payment to the SUBRECIPIENT. B. Budget Amendments. 1. In General. Requests to amend the Budget contemplated in this Agreement: a. Must be received by the City no later than forty-five (45) days prior to the expiration of this Agreement’s term; b. Shall be made prior to the SUBRECIPIENT incurring any expenses that are not expressly provided for in the Budget; and c. Shall be considered and approved at the sole discretion of the City. 2. Informal Budget Amendments. The City’s Agreement Liaison noted in TABLE 1 – THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B, may, in writing, informally approve the following types of Budget amendments: a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then 88 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 8 of 30 the City’s agreement liaison may, in writing, informally approve requested amendments to the Budget that: (1) Do not increase the maximum Subaward amount; and (2) Are deemed by the City’s Agreement Liaison as being consistent with the “Scope of Services” attached as “Exhibit B”. b. Non-Discretionary Federal Awards. If the Federal Awarding Agency approved the Budget contemplated in this Agreement, then the City’s Agreement Liaison may, in writing, informally approve amendments to the Budget only upon receipt of written approval of such amendments by the Federal Awarding Agency. 3. Formal Budget Amendments. Budget amendments that do not meet either requirement of Paragraph B of this Article may not be informally amended by the City’s Agreement Liaison and, instead, must be made by formal written amendment mutually executed by both parties to this Agreement. C. Program Income. 1. 2 CFR § 200.1 (“Definitions”), defines “Program Income” as gross income earned by the SUBRECIPIENT that is directly generated by a supported activity or earned as a result of the Subaward during the Subaward Period of Performance. Program Income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under the Subaward, the sale of commodities or items fabricated under the Subaward, license fees and royalties on patents and copyrights, and principal and interest on loans made with Subaward Funds. Interest earned on advances of the Subaward is not program income. Except as otherwise provided, Program Income does not include rebates, credits, discounts, and interest earned on any of those items. 2. In the event that the SUBRECIPIENT generates Program Income, unless otherwise directed by the City, in compliance with 2 CFR § 200.307(e)(1) (“Program Income”), the SUBRECIPIENT shall: a. Calculate, document, and record such Program Income and its intended use or uses; b. Report such Program Income to the City as part of the required Progress Report, pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant to Article 13, Paragraph C.; c. Add the Program Income to the Subaward and use for continued activities related to the purposes and conditions of this Subaward. Article 10: Reimbursement Requests A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual funding-eligible costs as permitted by this Agreement. In order to obtain payment, the SUBRECIPIENT shall make funding-eligible expenditures and thereafter submit a “Reimbursement Request(s)” to the City for such expenditures pursuant to the terms found in this Article. 89 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 9 of 30 B. Form of Reimbursement Requests. All Reimbursement Requests shall clearly indicate the budget category from which each request is drawing. C. Minimum Standards for Reimbursement Requests. At minimum, all Reimbursement Requests submitted by the SUBRECIPIENT must: 1. Include enough detail so that the City is able to confirm that the SUBRECIPIENT has only requested reimbursement of funding-eligible expenses that were incurred by the SUBRECIPIENT in compliance with the terms of this Agreement. 2. Includes a dated cover letter of the SUBRECIPIENT’s organization, with a description defining the period of performance dates which it is has incurred eligible expenses that is now being requested for reimbursement. 3. If the Budget attached as “Exhibit C” has line-items or funding categories, indicate which line- item or funding category under which each funding-eligible cost is being requested for reimbursement. 4. Pursuant to 2 CFR § 200.415(a) (“Required Certifications”), include the following federally required attestation executed by an individual that is able to legally authorized to do so by the SUBRECIPIENT: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal Award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” 5. By executing this Agreement, the SUBRECIPIENT hereby affirms that it understands that the above are minimum standards for invoices only and are not meant to represent an exhaustive list of what the City’s Agreement Liaison may request or require in order to consider a Reimbursement Request complete or to approve such request for reimbursement. D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the “Scope of Services” and “Budget” attached to this Agreement as “Exhibit B” and “Exhibit C”, which hereby supersedes the frequency and due date for Reimbursement Requests noted in this provision, invoices are due as followed: 1. General Reimbursement Requests. The period for submission of General Reimbursement Requests shall be quarterly with such invoices due to the City by the 15th of the month subsequent to the provision of services for which the City is being invoiced (January 15, 2025, April 15, 2025, July 15, 2025, and October 15, 2025). 2. Initial Reimbursement Request. a. If the Subaward Period of Performance began on a date prior to the execution of this Agreement, the SUBRECIPIENT shall submit an Initial Reimbursement Request that covers all funding-eligible expenses for the period of time beginning on the first day of the Subaward Period of Performance (for this Agreement: UPON EXECUTION) and 90 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 10 of 30 ending on the date of execution of this Agreement. This Initial Reimbursement Request shall be submitted no later than the date that the first General Reimbursement Request is due to the City. 3. Final Invoices. Final Invoices shall be due to the City no later than fifteen (15) calendar days after the expiration or termination of this Agreement or last date of eligible expenditures by the SUBRECIPIENT, whichever the earlier of the dates. 4. Performance Period with No Expenses. In periods where eligible expenses have not been incurred by the SUBRECIPIENT, the SUBRECIPIENT is not required to submit a General or Initial Reimbursement Request for zero dollars. However, the SUBRECIPIENT may still be required to submit a Progress Report over this same period in accordance with Article 13. E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to withhold or deny payment on any Reimbursement Request if such request: 1. Is incomplete or fails to provide the requisite supporting documentation; 2. Fails to be provided in a timely fashion as determined by the terms of this Agreement; or 3. Indicates expenditures that are not compliant with this Agreement, the Federal Award, or any directives issued by the Federal Awarding Agency. Art icle 11: Payment Terms A. Local Government Prompt Payment Act. The City shall make payments to the SUBRECIPIENT on a reimbursement basis for work performed, or services provided, pursuant to this Agreement, in accordance with the Local Government Prompt Payment Act, Section 218.70 et. Seq, Florida Statutes. B. Federal Funding Availability. The City is only responsible for payments to the SUBRECIPIENT for which the City is provided funding by the Federal Awarding Agency. If the Federal Awarding Agency determines that a specific cost or expense requested by the SUBRECIPIENT is not permitted to be reimbursed under the terms and conditions of the Federal Award, the City shall not be responsible for making payment to the SUBRECIPIENT for that specific requested cost or expense. Should the Federal Awarding Agency withhold or deny funding to the City for any reason, the City may subsequently withhold or deny funding to the SUBRECIPIENT. C. Payment Limitations. The City shall not make payments for, or in any way be responsible for, payment to the SUBRECIPIENT for any of the following: 1. Any goods or services provided that do not fall within the “Scope of Services” attached as “Exhibit B”; 2. Any goods or services that fall within the attached “Scope of Services”, but that such payment can be made through a third-party program or insurance provider. D. Prohibition on Duplicative Funding. The SUBRECIPIENT may not accept duplicate funding for any cost, position, service, or deliverable funded by the Federal Award. Duplicative funding is defined as more than one-hundred percent (100%) payment from all funding sources for any cost, position, service, or deliverable. If duplicate funding is discovered, this Agreement may be suspended while the extent of the overpayment is determined, or may be terminated. Such suspension or termination may be initiated at the sole discretion of the City. 91 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 11 of 30 E. Costs in Excess of Award. Any costs or expenses incurred by the SUBRECIPIENT that exceed the overall Subaward amount set forth in this Agreement, or which are were incurred by the SUBRECIPIENT outside of the Subaward Period of Performance, shall be the sole responsibility of the SUBRECIPIENT. F. At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or any non-Federal Award monies to make payment to the SUBRECIPIENT for any costs or expenses incurred by the SUBRECIPIENT pursuant or related to this Agreement or the Federal Award. Art icle 12: Return of Funds A. Unauthorized Expenditures. The SUBRECIPIENT shall reimburse the City for all unauthorized or funding-ineligible expenditures. B. Payment(s) in Error. The SUBRECIPIENT shall return to the City any payments made to the SUBRECIPIENT that were made in error or were in any manner fraudulent or inconsistent with the “Scope of Services” attached as “Exhibit B” or the Federal Award (“Payment(s) in Error”). 1. In the event that the SUBRECIPIENT, or any outside accountant or auditor, determines that a Payment in Error was made, the SUBRECIPIENT shall return to the City any associated funds no later than ten (10) business days from when the SUBRECIPIENT became aware of such Payment in Error. 2. In the event that the City discovers a Payment in Error, the City shall notify the SUBRECIPIENT and the SUBRECIPIENT shall return any associated funds to the City no later than ten (10) business days from the SUBRECIPIENT’s receipt of such notice. C. Federal Disallowance(s). If the Federal Government demands reimbursement from the City due to a disallowance or finding that an expense or cost for which the City provided Subaward funding to the SUBRECIPIENT was in any way improper or not in compliance with the Federal Award, the SUBRECIPIENT shall return any associated funds to the City within a reasonable time period as mutually agreed upon by the City and the SUBRECIPIENT, or within six (6) months, whichever is the later of the dates. D. Delay or Failure to Return Funds. Should the SUBRECIPIENT fail to reimburse the City for any Payment in Error or Federal Disallowance within the time designated, the City may respond with any number of the following actions: 1. Charge an interest rate as determined by the State of Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance thereof. Interest shall accrue from the date of the SUBRECIPIENT’s initial receipt of overpayment funds up to the date of reimbursement of said overpayment funds to the City; 2. Withhold any or all future payments until the amount of such overpayment has been recovered by the City; 3. Terminate this Agreement; 4. Bar the SUBRECIPIENT from being considered when issuing future Federal Subawards or other City agreements; and 92 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 12 of 30 5. Pursue any other remedies permitted by law. Article 13: Progress Reporting and Subaward Closeout A. Progress Reporting 1. Form of Progress Reports. “Progress Report(s)” shall be delivered to the City on a form approved by the City’s agreement liaison noted in TABLE 1 – THE PARTIES, or as later re- designated pursuant to Article 2, Paragraph B. 2. Minimum Standards for Progress Reports. At minimum, such Progress Reports must detail the outputs, outcomes, and progress the SUBRECIPIENT has made in accomplishing the objectives of the “Scope of Services” attached as “Exhibit B.” Further, in the event any Program Income has been earned over the period, SUBRECIPIENT will report on the Program Income earned and expended to include whether it was related to the purposes and conditions of this Subaward. The City reserves the right to reasonably and unilaterally revise such approved form and request any additional supporting documentation from the SUBRECIPIENT as it deems necessary to meet its federal reporting requirements and monitoring obligations. 3. Progress Report Frequency and Due Dates. Unless otherwise stated in the “Scope of Services”, which hereby overwrites the frequency and due date of Progress Reports noted in this provision if there is a conflict between the two, Progress Reports shall be submitted on a quarterly basis and are due by the 15th of the month subsequent to the provision of services of which the SUBRECIPIENT is reporting (January 15, 2025, April 15, 2025, July 15, 2025, and October 15, 2025). 4. Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the required Progress Reports in accordance with this Article may necessitate the City’s withholding of payment on any subsequent Reimbursement Requests and shall be considered cause for termination by the City pursuant to the terms of termination in this Agreement. B. Annual Reporting Information. SUBRECIPIENT shall, upon request by the City’s Agreement Liaison or designee, make available SUBRECIPIENT data and other information related to the “Scope of Services”. This information will assist the City in its annual reporting obligation to the Federal Awarding Agency by September 30 of each year and will also be published on the City’s Consolidated Annual Performance and Evaluation Report (CAPER). Information requested will be related to overall performance, program outcomes and impacts, and program approaches related to promoting equitable outcomes in the delivery of services. C. Subaward Closeout. 1. All financial, performance, and other reports as required by the terms of this Subaward must be submitted to the City no later than (15) days after the end date of the Subaward Period of Performance. 2. Any earned and expended Program Income generated as a result of this Subaward must be calculated and documented with justification on its uses related to the purposes and conditions of the Subaward to the City no later than (15) days after the end date of the Subaward Period of Performance. 3. The closeout of the Federal Award, or this Subaward, does not affect any of the following: 93 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 13 of 30 a. The right of the Federal Awarding Agency or the City to disallow costs and recover funds on the basis of a later audit or other review. The Federal Awarding Agency or City must make any cost disallowance determination and notify the SUBRECIPIENT within the record retention period. b. The requirement for the SUBRECIPIENT to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. c. The ability of the Federal Awarding Agency to make financial adjustments to a previously closed award such as resolving indirect cost payments and making final payments. d. Audit requirements in 2 CFR Part 200, Subpart F. e. Property management and disposition requirements in §§ 200.310 through 200.316 of 2 CFR Part 200. f. Records retention as required in §§ 200.334 through 200.337 of 2 CFR Part 200. 4. After closeout of the Federal Award, or this Subaward, a relationship created under the Federal Award, or this Subaward, may be modified or ended in whole or in part with the consent of the Federal Awarding Agency or the City and the SUBRECIPIENT, provided the responsibilities of the SUBRECIPIENT, including those for property management as applicable, are considered and provisions made for continuing responsibilities of the SUBRECIPIENT, as appropriate. Article 14: Maintenance, Retention, and Access to Records A. The SUBRECIPIENT, and its subcontractors (if any) that are providing services or otherwise performing pursuant to this Agreement shall abide by the requirements of this Article. 1. The SUBRECIPIENT shall establish and utilize generally accepted accounting principles in the maintenance of all records relating to this Agreement. Such practices shall comply with the general acceptable accounting principles and shall fully and accurately reflect, track, and document the SUBRECIPIENT’s financial activities. 2. The SUBRECIPIENT shall establish and maintain separate accounting records for the SUBRECIPIENT’s activities in meeting its obligations pursuant to this Agreement with sufficient documentation to identify the associated expenditures (e.g. detailed invoices, cancelled checks, payroll journals, bank statement reconciliations, etc.) and establish that such expenditures are allowable, necessary, and reasonable under this Agreement, the Federal Award, and any directives issued by the Federal Awarding Agency. 3. The SUBRECIPIENT shall furnish the City with any and all data needed for the purpose of monitoring, evaluation, auditing, and quality assurance. This data shall include information on the services provided or work performed, and any other data that may be required by the City, in its sole discretion, to adequately evaluate the SUBRECIPIENT’s performance under this Agreement. 4. All records that were created, utilized, or maintained for the purpose of fulfilment of the SUBRECIPIENT’s obligations pursuant to this Agreement, whether paper or electronic 94 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 14 of 30 (“Relevant Records”), shall be retained by the respective record holder for a period of five (5) years after termination of this Agreement, including any extensions or renewals of this Agreement. 5. In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a period of five (5) years after the resolution of any such event. 6. The SUBRECIPIENT shall permit the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives to access, review, or reproduce any and all Relevant Records. 7. If the “Scope of Services” in “Exhibit B” is site-specific, or construction-related, access to the stated construction or work site shall be provided to the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives. 8. The SUBRECIPIENT shall ensure that the provisions of this Article are incorporated into any agreements into which it enters that are related to this Agreement and the Federal Award. B. Public Records. 1. Pursuant to Section 119.0701, Florida Statutes, the SUBRECIPIENT shall: a. Keep and maintain public records required by the City to perform the service. b. Upon request from the City, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the amount set by the City. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement’s term and following completion of this Agreement if the SUBRECIPIENT does not transfer the records to the City. d. Upon completion, or termination, of this Agreement, transfer, at no cost, to the City all public records in possession of the SUBRECIPIENT or keep and maintain public records required by the SUBRECIPIENT to perform the service in accordance with Florida law. e. If the SUBRECIPIENT transfers all public records to the City upon completion of the Agreement, the SUBRECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SUBRECIPIENT keeps and maintains public records upon completion of this Agreement, the SUBRECIPIENT shall meet all applicable requirements for retaining public records in accordance with applicable federal and Florida law. f. All records stored electronically shall be provided to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. 95 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 15 of 30 IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE SUBRECIPIENT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 310 BOYNTON BEACH, FL 33435 Phone: 561-742-6061 Email: CITYCLERK@BBFL.US 2. Florida Agencies. If the SUBRECIPIENT is an “Agency” as defined by Section 119.011, Florida Statutes, then the SUBRECIPIENT shall comply with its own obligations under Chapter 119, Florida Statutes. The SUBRECIPIENT additionally agrees to cooperate in good faith with the City in the handling of public records created under this Agreement. Notwithstanding anything set forth in any provision of this Agreement to the contrary, the SUBRECIPIENT will not be required to destroy any records in its custody in violation of Chapter 119, Florida Statutes. Article 15: Monitoring Requirements A. Monitoring. The SUBRECIPIENT shall permit the City, the Clerk, or the designees of either such government agency, to periodically monitor the SUBRECIPIENT’s performance and programmatic and financial activities, pursuant to the requirements found in 2 CFR § 200.332 (“Requirements for Pass-Through Entities”) and any other relevant federal laws, regulations, or guidance. B. Letter of Findings. 1. If the City, the Clerk, or the designee of either such government agency, discovers any defect in the SUBRECIPIENT’s performance under this Agreement (whether programmatic, financial, etc.), then a “Letter of Findings” may be provided to the SUBRECIPIENT. 2. The SUBRECIPIENT shall respond to any such Letter of Findings with a Corrective Action Plan and Implementation Schedule, as instructed by the City, the Clerk, or the designee of either such government agency, within thirty (30) calendar days of the date of the Letter of Findings. Failure to submit a Corrective Action Plan and Implementation Schedule shall constitute a material breach and may result in termination of this Agreement. 3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such government agency, to first issue such a “Letter of Findings” to the SUBRECIPIENT prior to the City being permitted to exercise any of its rights in equity, at law, or as otherwise granted through this Agreement, including but not limited to the right to terminate this Agreement. Article 16: Audit Requirements A. Auditing. The SUBRECIPIENT shall comply with the federal auditing requirements found in 2 CFR Subpart F (“Audit Requirements”). B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized designees shall have the right to audit SUBRECIPIENT’s: 96 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 16 of 30 1. Disbursement of the Subaward; 2. Service or program delivery; and 3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the Federal Award. C. Mandatory Audit, Certification, and Audited Financial Statement. In determining the federal award amounts expended during its fiscal year, the SUBRECIPIENT shall consider all sources of federal awards including federal resources received from the State or other agencies. 1. If the SUBRECIPIENT expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, the SUBRECIPIENT must have a single audit completed and conducted in accordance with 2 CFR § 200.514 (“Scope of Audit”), unless the SUBRECIPIENT elects to have a program-specific audit in accordance with 2 CFR § 200.501(c) (“Audit Requirements”). 2. If the SUBRECIPIENT expends less than seven hundred fifty thousand dollars ($750,000) in federal awards during the fiscal year, the SUBRECIPIENT shall: a. Provide an annual certification to the City that a single audit was not required; and b. Annually submit an Audited Financial Statement to the City. 3. If the SUBRECIPIENT is mandated to have an audit performed due to its expenditure of seven hundred fifty thousand dollars ($750,000) or more in federal awards within one fiscal year, that audit must be completed no later than one-hundred and eighty (180) calendar days after the close of the SUBRECIPIENT’s fiscal year. D. Submission of Audits and Audited Financial Statements. 1. The SUBRECIPIENT shall submit to the City any and all auditor’s report received by the SUBRECIPIENT related to its obligations under this Agreement within ten (10) business days of receipt. 2. A copy of the Single Audit Reporting Package, including the associated management letter, which was conducted in accordance with 2 CFR § 200.512 (“Report Submission”), or the applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice provision in this Agreement, with a copy provided to the City at the following: City of Boynton Beach Department of Financial Services Attn: Community Improvement Division 100 E Ocean Avenue Boynton Beach, FL 33435 E. The Federal Audit Clearinghouse. Audits must be submitted to the Federal Audit Clearinghouse either thirty (30) calendar days after receipt of the auditor’s report, or nine (9) months after the end of the entity’s fiscal year end date. Such audits shall be submitted electronically via the following website: https://harvester.census.gov/facweb/. 97 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 17 of 30 F. Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement and may result in the withholding or denial of any requests for payment or reimbursement to the SUBRECIPIENT. Article 17: Insurance A. The SUBRECIPIENT agrees to, on a primary basis and at its sole expense, at all times throughout the duration of this Agreement maintain the following types of insurance coverage with limits and on forms (including endorsements) as described in this Article. These requirements, as well as the City’s review or acceptance of insurance maintained by the SUBRECIPIENT is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the SUBRECIPIENT under this Agreement. B. The SUBRECIPIENT shall require and ensure that each of its sub-contractors/consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified in this Article and “Attachment 1” (Insurance Advisory Form). C. The SUBRECIPIENT shall have in full force the following insurance coverage, and will provide Certificates of Insurance to the SUBRECIPIENT prior to commencing operations under this Agreement to verify such coverage during the duration of this Agreement: 1. All SUBRECIPIENTs: Commercial General Liability – The SUBRECIPIENT shall maintain coverage issued on the most recent version of the Insurance Services Office (ISO) form as filed for use in Florida or its equivalent, with a limit of liability of not less than one million dollars ($1,000,000) per occurrence, general aggregate, products completed/operations aggregate, and personal advertising Injury; and, all other insurance coverage reasonably required by the City. SUBRECIPIENT further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insured. Additional Insured–Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The coverage shall contain no limitations on the scope of protection afforded the City, its officers, officials, employees or volunteers. The certificate holder and additional insured shall be listed in the name of the City of Boynton Beach, Florida. 2. SUBRECIPIENTS Providing Services at City Facilities: Workers’ Compensation – The SUBRECIPIENT shall maintain coverage for its employees with statutory workers’ compensation limits and no less than one million dollars ($1,000,000) for each incident of bodily injury or disease for Employer’s Liability. Said coverage shall include a waiver of subrogation in favor of the City if services are being provided at City facilities. Business Automobile Liability – The SUBRECIPIENT shall maintain coverage for all owned; non-owned and hired vehicles issued on the most recent version of ISO form as filed for use in Florida or its equivalent, with limits of not less than one million dollars ($1,000,000) per accident. In the event the SUBRECIPIENT does not own automobiles, the SUBRECIPIENT shall maintain coverage for hired and non-owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. 98 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 18 of 30 3. SUBRECIPIENTs Providing Services to Vulnerable Populations: Sexual Abuse and Molestation Coverage with limits of not less than one hundred thousand dollars ($100,000) per occurrence shall also be included for those programs that provide services directly to Vulnerable Person(s). “Vulnerable Person(s)” are minors as defined in Section 1.01(13), Florida Statutes, or vulnerable adults as defined in Section 415.102, Florida Statutes. 4. SUBRECIPIENTs Providing Services that are of a Professional Nature: Professional Liability with a limit of not less than one million dollars ($1,000,000) per wrongful act or claim. For policies written on a claims-made basis, the SUBRECIPIENT agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement. In the event the policy is cancelled, non-renewed, switched to occurrence form or any other event that triggers the right to purchase a Supplemental Extended Reporting Period (“SERP”) during the life of this Agreement the SUBRECIPIENT agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the SUBRECIPIENT of the obligation to provide replacement coverage. D. Insurance carriers providing coverage required in this “Insurance” subsection must be authorized or eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial Strength Rating of A-Class VIII. E. Any request for an exception to these insurance requirements must be submitted in writing to the City for approval. F. The SUBRECIPIENT shall provide to the City current certificates of insurance evidencing all required coverage prior to execution and commencement of any operations/services provided under this Agreement. In addition to the certificate(s) of insurance the SUBRECIPIENT shall also provide copies of any applicable endorsements as required above. G. For continuing service contracts, renewal certificates shall be submitted upon request by either the City or its certificate management representative. The certificates shall clearly indicate that the SUBRECIPIENT has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) calendar days prior written notice to the City. Certificates shall specifically reference the respective Agreement number. The certificate holder shall read: City of Boynton Beach, Florida Attention: Risk Management Department 100 E. Ocean Avenue Boynton Beach, FL 33435 H. State Agencies or Subdivisions. If the SUBRECIPIENT is a “state agency or subdivision” (as defined by Section 768.28(2), Florida Statutes): 1. Paragraphs A – G of this Article are not applicable. However, such paragraphs do apply to any of the SUBRECIPIENT’s subcontractors that are not agencies or political subdivisions of the State of Florida and must be included by the SUBRECIPIENT in any such subcontracts. 2. Without waiving its right to sovereign immunity as provided in Section 768.28, Florida Statutes, the SUBRECIPIENT may self-insure its liability with coverage limits of one million Dollars 99 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 19 of 30 ($1,000,000) per occurrence or such other limited sovereign immunity as set forth by the Florida legislature. A statement of self-insurance shall be provided to the City’s Risk Management Department at the address in Paragraph G of this Article. Article 18: Indemnification, Sovereign Immunity, and Liability A. Indemnification. The SUBRECIPIENT agrees to defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the SUBRECIPIENT, its officers, directors, employees, and/or agents relating to the SUBRECIPIENT’s performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. B. Sovereign Immunity. 1. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of the City’s sovereign immunity provisions or protections pursuant to Section 768.28, Florida Statutes. 2. State Agencies or Subdivisions. If the SUBRECIPIENT is a “state agency or subdivision” (as defined by Section 768.28(2), Florida Statutes), then Paragraph B.1. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. C. Liability. 1. Unless otherwise explicitly stated in this Agreement, in no event shall either party be responsible to the other for any indirect damages, incidental damages, consequential damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty, or a breach of term of this Agreement. 2. Without waiving any of the provisions or protections under this Agreement or pursuant to Florida law, under no circumstances shall the City be liable to the SUBRECIPIENT under any contract, negligence, strict liability, or other legal or equitable theory for any amounts in excess of those limits per claim and per occurrence set forth for tort liability in Section 768.28 of the Florida Statutes, which limits are hereby made applicable to all manner of claims against the City related to this Agreement and are not confined to tort liability. D. State Agencies or Subdivisions. If the SUBRECIPIENT is a “state agency or subdivision” (as defined by Section 768.28(2), Florida Statutes), then Paragraph C.2. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. Article 19: Independent Contractor, Non-Agent SUBRECIPIENT, and Third Parties A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is intended to, or should be construed as, creating or establishing the relationship of copartners between the parties, or as constituting the SUBRECIPIENT as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The SUBRECIPIENT is to be, and shall remain, an independent contractor with respect to all services performed under this Agreement, and that any individuals hired, or performing services or work, pursuant to this Agreement shall be considered to 100 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 20 of 30 be the employee of the SUBRECIPIENT for all purposes, including but not limited to for any worker’s compensation matters. B. Non-Agent SUBRECIPIENT. The Boynton Beach City Commission has not delegated to any City officer or employee the authority to appoint any agent on the City’s behalf regarding the subject matter of this Agreement. Accordingly, nothing in this Agreement is intended to, or shall be construed as to, appoint the SUBRECIPIENT as an agent of the City. Additionally, no review or approval of the SUBRECIPIENT’s services, requests for reimbursement, reports, or records by the City may be construed as the City appointing the SUBRECIPIENT as an agent of the City. C. No Third-Party Claims. Nothing in this Agreement, express or implied, shall confer to a third-party – or be construed as conferring to a third-party in any way – any legal or equitable right, benefit, claim, or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal Government, the City, and the employees and/or contractors of each of the foregoing governments, shall be held harmless from liability to any third parties for claims asserted under this agreement. Article 20: Confidentiality A. Confidentiality. 1. The parties hereby agree to maintain any confidential information transmitted by the other party over the course of this Agreement confidential to the extent that such confidentiality is lawfully permitted pursuant to Florida or Federal law. 2. The SUBRECIPIENT shall limit disclosure of its Confidential Information to the minimum necessary to properly perform under this Agreement. The SUBRECIPIENT understands that the City is subject to Florida Public Records laws and that information that SUBRECIPIENT may consider Confidential Information may be subject to disclosure absent a statutory exemption. In the event a public records request is made for Confidential Information of SUBRECIPIENT, the SUBRECIPIENT shall be responsible for defending its assertion that such records are subject to an exemption from disclosure and shall indemnify the City from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of a public records request for SUBRECIPIENT’s Confidential Information where SUBRECIPIENT asserts an exemption to disclosure B. Health Insurance Portability and Accountability Act (“HIPAA”) 1. Generally. If the SUBRECIPIENT meets the definition of “Covered Entity,” as defined in 45 CFR § 160.103, or a “Hybrid Entity,” as defined in 45 CRF § 164.103, then: a. Before providing any services funded, in whole or in part, through this Agreement that may cause the SUBRECIPIENT to generate Protected Health Information (“PHI”) as defined in 45 CFR § 160.103, the SUBRECIPIENT must first obtain legally sufficient medical release authorizations from each individual receiving such services. b. Such required medical release authorizations may be limited in scope; however, they must at least permit the disclosure of any PHI that is in any way related to the Subaward-funded services that individual(s) receive to the City for reporting, monitoring, and auditing purposes. c. The City hereby reserves the right to deny payment for any costs the SUBRECIPIENT incurs in its provision of otherwise funding-eligible services to any individual(s) for 101 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 21 of 30 whom it does not have a valid and current medical release authorization as required by this provision. d. Additionally, the SUBRECIPIENT must require any of its subcontractors for which this provision is applicable to secure such requisite medical release authorizations as well. 2. Business Associate Agreements. Should the SUBRECIPIENT’s provision of services under this Agreement require access to PHI generated by the City, then the SUBRECIPIENT must execute a Business Associate Agreement that complies with the standards found in 45 CFR § 164.504(e). C. Florida Information Protection Act (“FIPA”) 1. Pursuant to Section 501.171(g)1., Florida Statutes, “Personal Information” means either of the following: a. An individual’s first name or first initial and last name in combination with any one or more of the following data elements for that individual: (1) A social security number; (2) A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; (3) A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual’s financial account; (4) Any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or (5) An individual’s health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. b. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. 2. If, pursuant to this Agreement, the SUBRECIPIENT is maintaining, storing, or processing personal information on behalf of the City, the SUBRECIPIENT is the City’s “Third-Party Agent” under FIPA and hereby agrees to comply with all obligations for such “Third-Party Agents” as detailed in Section 501.171, Florida Statutes. These obligations include, but are not limited to: a. Taking reasonable measures to protect and secure data in electronic form containing personal information; and b. Providing notice to the City in the event of a breach of security of the SUBRECIPIENT’s system as expeditiously as practicable, but no later than ten (10) calendar days following the determination of the breach of security or reason to believe the breach occurred. 102 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 22 of 30 3. The SUBRECIPIENT shall be responsible and liable for all costs associated with any required notices, fines, or fees assessed against the City for any breach of Personal Information that is the fault of the SUBRECIPIENT. Article 21: Remedies for Noncompliance A. Remedies for Noncompliance. Pursuant to 2 CFR § 200.339 (“Remedies for Noncompliance”), if the SUBRECIPIENT fails to comply with the U.S. Constitution, federal statutes, regulations, or the terms and conditions of a Federal Award or any additional conditions that the Federal Awarding Agency or City may impose, and the Federal Awarding Agency or City determine that such noncompliance cannot be remedied by imposing additional conditions, the Federal Awarding Agency or City may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT or more severe enforcement action by the Federal Awarding Agency or City; 2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate this Agreement; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated at the recommendation of the City; 5. Withhold further Federal Awards for the project or program; or 6. Take other remedies that may be legally available. Article 22: Termination A. Termination for Convenience by the City. Pursuant to 2 CFR Part 200, Appendix II, Paragraph B, contracts made pursuant to a Federal Award must address termination for convenience by the City including the manner by which it will be affected and the basis for settlement. As such, the City may terminate this Agreement for convenience by providing a written thirty (30) calendar day notice to the SUBRECIPIENT. B. Termination by the SUBRECIPIENT. Pursuant to 2 CFR § 200.340(a)(4), the SUBRECIPIENT may terminate this Agreement upon sending the City written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward was made, the City may terminate the Subaward in its entirety. Additionally, a SUBRECIPIENT’s failure to complete performance on a Subaward in the manner initially agreed upon may compromise the SUBRECIPIENT’s ability to receive subawards, other grants, or any other contract opportunities from the City in the future. 103 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 23 of 30 C. Termination for Cause. 1. Immediate Termination. a. The City reserves the right of “Immediate Termination” of this Agreement, with such termination to be effectuated as of the SUBRECIPIENT’s receipt of written notice which may be hand-delivered or transmitted by electronic mail to the SUBRECIPIENT’s Agreement Liaison noted in TABLE 1 – THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B. Notwithstanding the foregoing, the City, as a courtesy, may additionally provide the SUBRECIPIENT with such notice in the manner provided in Article 5 (“Notice”) of this Agreement. b. Immediate Termination pursuant to this provision shall be permitted for any number of the following reasons: (1) The Federal Awarding Agency terminates the Federal Award; (2) Any circumstance under which the City is no longer receiving Federal Award funds to reimburse the SUBRECIPIENT occurs; (3) The amount invoiced by the SUBRECIPIENT meets or exceeds the amount of the Subaward provided for in this Agreement; (4) The SUBRECIPIENT files bankruptcy or otherwise becomes insolvent; (5) The SUBRECIPIENT is determined to be ineligible to do business in the State of Florida; (6) If the SUBRECIPIENT is a non-profit agency, loss of the SUBRECIPIENT’s non-profit status; or (7) As otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. The City may terminate this Agreement for cause upon providing a written fourteen (14) calendar day breach of contract and termination notice. Such termination for cause may be for any material breach of this Agreement, or if the City, using its sole discretion, determines that the SUBRECIPIENT is unable to perform under this Agreement. 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or accept the SUBRECIPIENT’s proposed cure if such an opportunity is provided, the City reserves the right to provide the SUBRECIPIENT the opportunity to cure any stated breach. Such opportunity to cure can be used in tandem with, or in lieu of, a Letter of Findings issued in accordance with Article 15 (“Monitoring Requirements”) of this Agreement. If the City provides such opportunity to cure, shall: a. Provide the opportunity to cure as a part of the City’s breach of contract and termination notice; and b. Allot an appropriate deadline by which the SUBRECIPIENT must provide its proposed cure to the City. 104 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 24 of 30 4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the SUBRECIPIENT’s damages for such termination, if any, shall be the same as if the City terminated this Agreement for convenience. D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement was due to the SUBRECIPIENT’s material failure to comply with the Subaward’s terms and conditions, the City reserves the right to report the SUBRECIPIENT to the Federal Awarding Agency so that it may report the termination to the OMB-designated integrity and performance system accessible through the federal System of Award Management (“SAM”). E. In the Event of Termination. After receipt of a notice of termination, except as otherwise directed, the SUBRECIPIENT shall take all of the following actions: 1. Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the requirements in 2 CFR §§ 200.344 (“Closeout”) and 200.345 (“Post-Closeout Adjustments and Continuing Responsibilities”); 2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not yet been recouped by the City (if any); 3. Stop working under this Agreement on the date of receipt of the notice of termination unless otherwise stated in such notice; 4. Place no further orders and enter into no further agreements to the extent that either relate to the performance of the work which was terminated and direct any subcontractors to do the same; 5. Terminate all orders and subcontracts to the extent that they relate to the performance of the work, which was terminated; 6. Finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the date of termination, up to and including the final invoice due at the end of the project without reimbursement beyond that due as of the date of termination for services rendered to the termination date; 7. Take any other actions as reasonably directed in writing by the City. F. Payment in Event of Termination. If this Agreement is terminated before performance is completed, whether for convenience or cause, the SUBRECIPIENT shall be paid for the work or services satisfactorily performed. In the event the Agreement is terminated for cause, the City shall be entitled to collect all or part of any funds owed to the City by the SUBRECIPIENT by deduction from the reimbursement or payment amount due the SUBRECIPIENT. No other damages, fees, or costs may be assessed against the City for its termination of the Agreement. G. Force Majeure. 1. The SUBRECIPIENT shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by explosion, war, embargo, government requirement, civil or military authority, pandemic, act of God, or other similar causes beyond the SUBRECIPIENT’s control so long as the SUBRECIPIENT’s delay 105 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 25 of 30 is not caused by the SUBRECIPIENT’s own fault or negligence. Notwithstanding the foregoing, the SUBRECIPIENT cannot claim Force Majeure under this provision for any emergency, exigency, or “Act of God” that is specifically contemplated within the “Scope of Services” of this Agreement, or which in any way existed at the time this Agreement was executed. 2. The above notwithstanding, in order to claim delay pursuant to this provision, the SUBRECIPIENT shall notify the City in writing within seven (7) business days after the beginning of any such cause that would affect its performance under this Agreement. Failure to notify the City in a timely manner of any claim of Force Majeure made pursuant to this provision is cause for termination of this Agreement. 3. If the SUBRECIPIENT’s performance is delayed pursuant to this provision for a period exceeding seven (7) business days from the date the City receives the required Force Majeure notice, the City shall have the right to terminate this Contract thereafter and shall only be liable to the SUBRECIPIENT for any work performed pursuant to this Agreement prior to the date of the City’s termination. 4. No other damages, fees, or costs may be assessed against the City for its termination of this Agreement pursuant to this provision. Nothing in this provision shall prevent the City from terminating this Agreement for any purpose otherwise expressly stated in this Agreement. Article 23: General Provisions (Alphabetical) A. Assignments and Successors. The parties deem the services to be rendered pursuant to this Agreement to be personal in nature. Each party binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither party shall assign, sublet, convey, or transfer its interest in this Agreement without the written consent of the other, which consent shall be in the sole determination of the party with the right to consent. B. Attorneys’ Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall each bear their own costs, expert fees, attorneys’ fees, and other fees incurred in connection with this Agreement and any action or proceeding arising out of or relating to this Agreement (an “Action”). C. Conflicts. The SUBRECIPIENT shall comply with all applicable local, state, and federal laws, regulations, executive orders, and the policies, procedures, and directives of the Federal Awarding Agency. Should there be conflict between the various applicable laws and this Agreement, the most restrictive shall govern. D. Construction and Representations. Each party acknowledges that it has had the opportunity to be represented by counsel of such party’s choice with respect to this Agreement. In view of the foregoing, and notwithstanding any otherwise applicable principles of construction or interpretation, this Agreement shall be deemed to have been drafted jointly by the parties and in the event of any ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied upon any representations or statements made by the other party to this Agreement which are not specifically set forth in this Agreement. E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in counterparts, both of which shall be deemed an original and which taken together shall constitute one agreement. Any counterpart may be delivered by any party by electronic transmission of the full 106 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 26 of 30 Agreement as executed by that party to the other party as mutually agreed upon by the parties, and delivery shall be effective and complete upon completion of such transmission. F. Governing Law. This Agreement shall be considered as having been entered into in the State of Florida and shall be construed and interpreted in accordance with the laws of that state. G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement, including the Table of Contents or Table of Terms and Provisions, are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. H. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any right that party does or might have to a trial by jury related to any Action. I. Remedies. No remedy conferred upon any party in this Agreement is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any rights, power, or remedy hereunder shall preclude any other or further exercise thereof. J. Severability. The provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependence is a material inducement for the parties to enter into this Agreement. Therefore, should any material term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. K. Signatory. Each signatory below represents and warrants that he or she has full power and is duly authorized by their respective party to enter into and perform under this Agreement. Such signatory also represents that he or she has fully reviewed and understands the above conditions and intends to fully abide by the conditions and terms of this Agreement as stated. L. Survivorship. Those provisions which by their nature are intended to survive the expiration, cancellation, or termination of this Agreement, including, by way of example only, the indemnification and public records provisions, shall survive the expiration, cancellation, or termination of this Agreement. M. Use of City and SUBRECIPIENT Logos. Both parties are prohibited from use of any and all of the other party’s emblems, logos, or identifiers without written permission from that party. N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court of competent jurisdiction sitting in Boynton Beach, Florida, regarding any Action, and further agrees that any such Action shall be heard and determined in such Florida federal or state court. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Boynton Beach, Florida. O. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at 107 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 27 of 30 any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. P. Written Modification. 1. No modification of this Agreement shall be binding upon any party to this Agreement unless it is reduced to writing and is signed by a duly authorized representative of each party to this Agreement. 2. Notwithstanding the above subparagraph, the parties hereby recognize that the Federal Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted to unilaterally “pass-down” to the SUBRECIPIENT without formal amendment to this Agreement. 3. The City shall provide notice such unilateral amendments to the SUBRECIPIENT in a timely fashion to both by electronic mail to the SUBRECIPIENT agreement liaison noted in TABLE 1 – THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B. 4. The SUBRECIPIENT hereby agrees to work with the City in good faith to make any additional amendments to this Agreement as may be necessary pursuant to directive provided by the Federal Awarding Agency. Article 24: Attachments The documents provided for in the table below are hereby incorporated by both reference and attachment and therefore form a material part of this Agreement. Attachment Name Attachment Title Form 1 E-Verify Use and Registration Certification Form 2 Public Entity Crimes and Scrutinized Companies Certification Form 3 Small and Minority Business Enterprise (“MBE”), Women Business Enterprise (“WBE”), and Labor Surplus Area Firm Certification Form 4 Federal Suspension and Debarment Certification Form 5 Certification Regarding Lobbying Form 6 Affidavit of Compliance with Anti-Human Trafficking Laws Exhibit A Required Information for Federal Subawards Schedule Exhibit B Scope of Services Exhibit C Budget Attachment 1 Insurance Advisory Form Article 25: Entire Agreement This Agreement, and any documents incorporated, referenced, or attached to this Agreement, sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements, 108 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 28 of 30 negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. [ SIGNATURES ON FOLLOWING PAGES] [ REMAINDER OF PAGE LEFT BLANK] 109 CITY OF BOYNTON BEACH, FLORIDA SIGNATURE PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 29 of 30 The City has executed this Agreement on the date set forth below. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of , 20 . CITY OF BOYNTON BEACH, FLORIDA: ATTEST: _____________________ _______________________________ City Clerk – Signature Mayor – Signature Approved as to form: ________________________ City Attorney – Signature SUBRECIPIENT SIGNATURE ON FOLLOWING PAGE 110 SUBRECIPIENT SIGNATURE PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 30 of 30 BOYNTON BEACH, FLORIDA’S SIGNATURE ON PREVIOUS PAGE The SUBRECIPIENT has executed this Agreement on the date set forth below. SUBRECIPIENT AGENCY: _______________________________ Subrecipient Agency – Signature _______________________________ _____________________________ Print Name Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by ___ means of physical presence or ___ online notarization this ___ day of _____________, 20___, by _____________________________. Personally, Known OR Produced Identification _ Type of Identification Produced ___________________________ Seal NOTARY PUBLIC Notary – Signature Print Name 111 Form 1 E-Verify Registration and Use Certification Community Development Block Grant Subaward Agreement – Form 1 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS Please note that the City will verify that the SUBRECIPIENT has an active registration on https://e-verify.gov. If the SUBRECIPIENT does not have an active registration noted on the E-Verify website because the Federal Government has not yet updated its website, it must then provide a copy of the E-Verify Memorandum of Understanding for Employers that the SUBRECIPIENT received upon registration to the City. E-VERIFY REGISTRATION USE CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this E-Very Use and Registration Certification and Affidavit. B. The SUBRECIPIENT is registered with the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all employees hired during the term of this Agreement and shall provide evidence of such registration to the City upon request. C. The SUBRECIPIENT does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. D. The SUBRECIPIENT shall require all subcontractors performing work under this Agreement to provide an affidavit stating that such subcontractors do not employ, contract with, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency – Signature Title Printed Name Date 112 Form 2 Public Entity Crimes and Scrutinized Companies Certification Community Development Block Grant Subaward Agreement – Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS Part 1: Certification of Compliance with Section 287.133, Florida Statutes (Public Entity Crime) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. Neither the SUBRECIPIENT, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the SUBRECIPIENT, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989. B. The SUBRECIPIENT has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list. C. The SUBRECIPIENT acknowledges that for the purposes of this certification, the terms “public entity crime,” “convicted,” and “affiliate,” are as defined in Section 287.133, Florida Statutes, which the SUBRECIPIENT has reviewed prior to the execution of this certification. D. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C (“Termination”) of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: 1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statute subsequent to entering into this Agreement with the City. E. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT’s status under Section 287.133, Florida Statutes, changes in any manner. Part 2: Certification of Compliance with Section 287.135, Florida Statutes (Scrutinized Companies) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. The SUBRECIPIENT certifies that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes. B. The SUBRECIPIENT is not: 1. On the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, and the SUBRECIPIENT is not engaged in a boycott of Israel; 113 Form 2 Public Entity Crimes and Scrutinized Companies Certification (Continued) Community Development Block Grant Subaward Agreement – Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 2. On the “Scrutinized Companies with Activities in Sudan List” or the “Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,” created pursuant to Section 215.473, Florida Statutes; or 3. Engaged in business operations in Cuba or Syria. C. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C (“Termination”) of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: 1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement with the City. D. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT’s status under Section 287.135, Florida Statutes, changes in any manner. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency – Signature Title Printed Name Date 114 Form 3 Small and Minority Business Enterprise (“MBE”), Women Business Enterprise (“WBE”), and Labor Surplus Area Firm Certification Community Development Block Grant Subaward Agreement – Form 3 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS CERTIFICATION OF COMPLIANCE WITH 2 CFR § 200.321 The undersigned hereby certifies on behalf of the SUBRECIPIENT, that the SUBRECIPIENT will comply with all of the following should the SUBRECIPIENT subcontract using any portion of the Subaward: A. When selecting subcontractors and making procurements with the Subaward, the SUBRECIPIENT shall take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus firms are used whenever possible while expending the Subaward. B. Pursuant to 2 CFR § 200.321, such affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. The SUBRECIPIENT understands that it must pass this obligation down to its subcontractors (if any). Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency – Signature Title Printed Name Date 115 Form 4 Federal Suspension and Debarment Certification Community Development Block Grant Subaward Agreement – Form 4 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS Please note that the City will verify that the SUBRECIPIENT has an active registration with SAM.gov on https://www.SAM.gov. If the SUBRECIPIENT does not have an active registration noted in the SAM.gov system, then this Agreement will not be executed by the City. FEDERAL SUSPENSION AND DEBARMENT CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this Federal Suspension and Debarment Certification. B. The SUBRECIPIENT complies with 2 CFR Part 180, Subpart C (“Responsibilities of Participants Regarding Transactions Doing Business with Other Persons”). C. The SUBRECIPIENT is registered and maintains an active registration with SAM.gov and will maintain an active registration with SAM.gov for the entire term of this Agreement. D. The SUBRECIPIENT does not appear on the SAM Exclusions list and shall notify the City within five (5) business days if it is added to the SAM Exclusions list, or should its status under the SAM system change in any way during the term of this Agreement. E. The SUBRECIPIENT shall include a requirement to comply with 2 CFR Part 180, Subpart C in any lower tier covered transactions into which it enters. F. The SUBRECIPIENT understands and agrees that the City reserves the right to institute additional restrictions and conditions to this Agreement, terminate this Agreement, and pursue any other remedy available under local, state, and federal law, should the SUBRECIPIENT: (1) be found to have misrepresented its SAM.gov status in any manner; or (2) fail to notify the City of any change in its status under the SAM.gov system. This certification is a material representation of fact relied upon by the City. If it is later determined that the SUBRECIPIENT fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to, suspension or debarment. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency – Signature Title Printed Name Date 116 Form 5 Certification Regarding Lobbying Community Development Block Grant Subaward Agreement – Form 5 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 COMPLETION OF THIS FORM IS CONDITIONAL This form is required for all SUBRECIPIENTs receiving a Subaward in an amount that exceeds $100,000. Does the Subaward exceed $100,000? Yes If “No” then the SUBRECIPIENT may disregard this form. If “Yes” then the SUBRECIPIENT hereby executes the following Certification Regarding Lobbying as required by 31 USC § 1352: CERTIFICATION REGARDING LOBBYING 31 USC § 1352 Part 1: Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies on behalf of the SUBRECIPIENT that: A. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the SUBRECIPIENT shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. C. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Part 2: Statement for Loan Guarantees and Loan Insurance The undersigned certifies on behalf of the SUBRECIPIENT that: A. If any funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the SUBRECIPIENT shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. 117 B. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency – Signature Title Printed Name Date [ REMAINDER OF PAGE LEFT BLANK] 118 Form 6 Affidavit of Compliance with Anti-Human Trafficking Laws Community Development Block Grant Subaward Agreement – Form 6 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below (“Entity”), hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled “Human Trafficking.” Date: ____________________, 20___ Signed: Entity: Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of ______________, 20____, by _______________________________, as ____________________________ for _____________________________________________________, who is personally known to me or who has produced ________________________ as identification. Notary Public Signature: State of Florida at Large (Seal) Print Name: My commission expires: 119 Exhibit A Required Information for Federal Subawards Table Community Development Block Grant Subaward Agreement – Exhibit A City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 REQUIRED PURSUANT TO 2 CFR § 200.332 Federal Requirements Subaward-Specific Information SUBRECIPIENT Name (registered name in SAM.gov): Boynton Beach Faith Based Community Development Corporation, Inc. SUBRECIPIENT's Unique Entity Identifier (UEI): GZS6GQ1CQFM9 Federal Award Identification Number (FAIN): N/A (CDBG Multiple Years Rollover Funds) Federal Award Date: N/A (CDBG Multiple Years Rollover Funds) Subaward Period of Performance Start and End Date: Start: Upon Execution End: 09/30/2025 Federal Award Budget Period Start and End Date: Start: 10/01/2024 End: 09/30/2025 Amount of Federal Funds obligated by this action by the Pass-Through Entity to the SUBRECIPIENT: $282,116.00 Total Amount of Federal Funds Obligated to the SUBRECIPIENT by the Pass-Through Entity including the current financial obligation: $282,116.00 Total Amount of the Federal Award committed to the SUBRECIPIENT by the Pass-Through Entity: $282,116.00 Federal subaward Project Description: Owner-Occupied Limited Rehabilitation for Qualifying Households - 24 CFR 570.202(a)(1) – Eligible Rehabilitation and Preservation activities; National Objective 24 CFR Part 570.208 (a)(3) Name of Federal Awarding Agency: U.S. Department of Housing and Urban Development (HUD) Name of Pass-Through Entity: City of Boynton Beach Pass-Through Entity’s Awarding Official Contact Information: Name: Ty Penserga, Mayor Email: PensergaT@bbfl.us Phone: 561-742-6010 CFDA Number and Name: Number: 14.228 Name: Community Development Block Grant Is the Subaward R&D related?: No Is there an indirect cost rate for the Subaward?: No Requirements of the Federal Award imposed on the SUBRECIPIENT?: Yes, see the terms of the Agreement and attached exhibits and forms. Are there any additional requirements imposed on SUBRECIPIENT in order for the Pass-Through Entity to meet its own reporting responsibilities to the Federal Awarding Agency?: Yes, see the terms of the Agreement and attached exhibits and forms. Is there a requirement that the SUBRECIPIENT must permit the Pass-Through Entity and auditors to have access to the SUBRECIPIENT’s records and financial statements?: Yes, see: Article 14 (“Maintenance, Retention, and Access to Records”) and Article 16 (“Audit Requirements”). Are there appropriate terms and conditions concerning closeout of the Subaward?: Yes, see: Article 13 (“Progress Reporting and Subaward Closeout”) 120 Exhibit B Scope of Services Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Homesteaded Owner-Occupied Limited Rehabilitation Program Scope of Services The Homesteaded Owner-Occupied Limited Rehabilitation Program for qualifying households will serve low-to-very low-income residents who own and homestead their residence. The program will offer a grant for home improvement/rehabilitation and incidental expenses that correct emergency health and safety hazards, and code related issues. The maximum award $30,000.00 per household. ELIGIBLE APPLICANTS Applicant’s gross household income (income from all sources before taxes and withholding for every household member, age 18 and over) may not exceed 80% of the area median income, as determined by the U.S. Department of Housing and Urban Development (HUD). The following apply: • To qualify for grant funding, at least one homeowner residing in the residence must be an Elderly as defined by F.S. 420.0004 (8) and/or have a member of the household that has a documented disability as defined by F.S. 420.0004 (7). • The applicant must be the homeowner and occupy the home for at least twelve months before the date of application. • The applicant shall not own any other real estate. • Absentee owners are not eligible. • Applicants must have 100% ownership interest in the residence to be improved • Applicants must have clear title to the subject property as evidenced by a title search or deed • Must have home repair needs that threaten the homeowner’s safety, energy efficiency, habitability, and accessibility. • Payments on all mortgages on the property must be current. If the mortgage payment is delinquent, it must be brought current before application and remain current through the closing. • Must not have received housing rehabilitation assistance under any program administered by the City of Boynton Beach in the last 15 years. • Property taxes must be current. • Must be current on obligations owed to or insured by any body of government, including, but not limited to code violation liens, income tax liens, child support, and student loans. If the loan has been charged off, the owner will be required to contact the lender and arrange to pay the past due amount. • If a payment arrangement is made, payment must be current at the time of loan application and approval. If the loan has been forgiven, written proof must be obtained. OCCUPANCY REQUIREMENTS Homeowner must have owned the property and Homesteaded the property as his/her principal residence for at least one year prior to applying for assistance. The homeowner must intend to reside in the property for at least one year after the rehabilitation. 121 Exhibit B Scope of Services Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. INCOME CERTIFICATION REQUIREMENTS Gross annual household income included but is not limited to the gross annual projected income of all household members age 18 and over that reside in the household before taxes or withholdings. The following income sources must be included in the income calculation: • Salaries, overtime earnings, commissions, bonuses, full-time and part-time earnings, seasonal employee earnings, tips • Unemployment compensation • Social Security benefits • Public assistance • Net rental income • Pensions • Alimony and child support • Net income from business activities • Interest and dividend income • Capital gains • Imputed income • Partnership income • Partnership income • Bank accounts (i.e. checking, savings and CDs) • Prepaid debits cards (i.e. Green Dot, Prepaidify, Payoneer, Bluebird) • Brokerage accounts (i.e. stocks, bonds) • IRAs, 401-Ks, 457s, ELIGIBLE PROPERTIES: • Properties that are being repaired must be the sole and primary residence of the owner. • Homesteaded Owner-Occupied Single-family properties (Mobile Homes are not eligible) • Must be the applicant’s Homesteaded property • The property to be improved must not have a lien as a result of code violations. • The property must be located within city limits (property control number beginning with 08). TITLE VERIFICATION Boynton Beach Faith-Based Community Development Corporation, Inc. (FAITH-BASED CDC) will verify the following: • The legal description of the subject property • The owner’s ownership interest by conducting or facilitating a title search/investigation • Existing liens, if any on the property ELIGIBLE IMPROVEMENTS Improvements include but not limited to: • Electrical • Plumbing • Air Conditioning Replacement 122 Exhibit B Scope of Services Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. • Insulation • Single families detached dwellings are also eligible for: o Roof Replacement o Exterior Doors Replacement o Windows Replacement • Accessibility Improvements for occupant(s) with disabilities • Repairs incidental to any of the above (i.e. drywall, caulking and painting) • Other conditions that could cause the home to be or become uninhabitable will be considered on a case by case basis. Each improvement must be made and in compliance with all applicable health, fire prevention, building and housing codes standards, and product approvals. APPLICATION PROCESS • Funding is awarded on a first come, first qualified basis • The SUBRECIPIENT will assist applicant with the application process • The SUBRECIPIENT will review the applications and supporting documentation to ensure all eligibility criteria are met • Applications must be signed by all homeowners • All forms in the application package must be signed and dated by all household members over 18 • Income Certifications must be signed and dated by all household members over 18 • The SUBRECIPIENT will perform visual home inspection to identify required improvements and write specifications • The SUBRECIPIENT will review with homeowner proposed improvements • The SUBRECIPIENT will send work specifications to City’s Community Improvement Division for review and approval. The approval of funds to complete rehabilitation is contingent upon the availability of funds • The SUBRECIPIENT will prepare bids, receive bids from contractors, and selects contractor • Owner/contractor agreement must be signed before work begins on home • The SUBRECIPIENT will oversee the rehabilitation work through periodic inspections, review of construction payment requests, and issuance of payments to contractors • The SUBRECIPIENT will not release final payment to contractor until home passes the final inspection PROPERTY INSPECTION • The Community Improvement Division will conduct an Environmental Review that is categorically excluded subject to Section 58.5 pursuant to 24 CFR 58.35(a). • The Community Improvement Division will submit all necessary documentation and certification to the Florida State Historic Preservation Officer for properties 45 years or older • If required and depending on work specification, the FAITH-BASED CDC will conduct a Lead Paint Inspection in accordance with the Lead Based Paint Poisoning Preventive Act and assessment on properties built before 1978 123 Exhibit B Scope of Services Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. • The SUBRECIPIENT will complete visual home inspection to itemize required repairs and write specifications • The SUBRECIPIENT will develop and prepare work specifications for the needed improvements for bidding purposes. • The SUBRECIPIENT will take and save photos of pre-construction condition All homes to be rehabilitated must undergo an environmental review and the file documented prior to any commitment of funds. An environmental review consists of a statutory checklist of required review items and a request to the Florida State Historic Preservation Officer (SHPO) for a review of historical significance and its impact on the rehabilitation of houses that are 45 years old or more. The Community Improvement Division will submit a description, maps, and photographs of the house to the SHPO. Properties with environmental conditions will not be permitted to proceed unless the conditions are corrected. The Community Improvement Division will review all documents of the environmental review checklist. No funds can be committed to a rehabilitation project, or work can start, until the environmental review is completed and approved. Each improvement must be a permanent general improvement that correct defects or deficiencies in the property directly affecting the structural integrity, the safety, habitability, or energy consumption of the property. The homeowner will be responsible for moving his/her belongings to perform the improvements. REHABILITATION REQUIREMENTS Rehabilitation must satisfy the following requirements: • Prior to start of rehabilitation, the property must be inspected by the FAITH-BASED CDC to determine eligibility under the program. • All proposed rehabilitation must be outlined in the specifications and must address the deficiencies and/or accessibility improvements noted on the inspection report. • The SUBRECIPIENT will procure bids from currently licensed contractors based on the specifications, and in accordance with 2 CFR 200.320 and select the lowest responsive and responsible bid. • All improvements must be completed by a currently licensed contractor for their respective trade. Any contractor who is excluded from the federal procurement, or is on the HUD’s list of Debarred Contractors, is not eligible for to participate in the program. • A written construction contract will be prepared by the SUBRECIPIENT and executed between the contractor and homeowner. • A Notice of Commencement will be filed for all projects. • The contractor will notify the City’s Community Improvement Construction Coordinator when application for permit has been made so the permit review can be expedited. • Property improvements will conform to all applicable zoning ordinances and all appropriate permits must be obtained. • Each rehabilitated property assisted with CDBG funds for single family rehabilitation must be a permanent improvement completed in compliance with applicable state, county and municipal health, housing, building, fire prevention and housing maintenance codes. • Lien waivers must be collected from all contractors and sub-contractors upon completion of rehabilitation 124 Exhibit B Scope of Services Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. CHANGE ORDERS • Change orders are not permitted after the contract documents have been executed unless unanticipated deficiencies identified during the rehabilitation process will cause further damage to the home if not addressed • Any changes in the scope of work, including the reason for the change must be documented in the file • In the event that a change order occurs, grant amount will be adjusted INDIVIDUAL GRANT • The maximum CDBG grant award allocated for this activity is $30,000.00 per household • The amount of the award might increase if other source of funding is available. The increase will be based on the amount necessary to cure existing substandard conditions or accessibility. When needed repairs cost exceed the maximum CDBG grant award of $30,000.00, up to $20,000 additional funds, from the SHIP Emergency Repairs – Limited Rehabilitation Program might be used (if SHIP funding is available). The SUBRECIPIENT must have prior written authorization from the Community Improvement Division Manager, in order to use additional SHIP funds. SHIP funds will be used in compliance with the SHIP Statute (F.S. 420.907 – 420.9079) located at: Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us); SHIP Rule 67-37; located at: 67-37 : STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM - Florida Administrative Rules, Law, Code, Register - FAC, FAR, eRulemaking (flrules.org); 2023 SHIP Residential Rehabilitation Guide located at: Affordable Housing Publications - Florida Housing Coalition (flhousing.org); and any other SHIP Program Regulation as applicable. [ REMAINDER OF PAGE LEFT BLANK] 125 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. EXHIBIT C Based on the “Scope of Services” as set forth in Exhibit B, below is the established budget and activities for this Agreement: Project Phase CDBG Funds Rehabilitation* $238,799.00 Activity Delivery Cost – 15% $ 43,317.00 Totals $282,116.00 FUNDING AND METHOD OF PAYMENT: It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from the federal CDBG Program; and funds are subject to HUD’s approval of the CITY’s CDBG FY 2024 Annual Action Plan; and the approved reimbursements through HUD’s Integrated Disbursement and Information System (IDIS). The services provided with this funding will be to serve low-to-moderate income (LMI) individuals that are 80% or below, the area median income (AMI). A signed and dated household income certification form and proof of income (e.g. pay stubs, retirement benefits, signed and dated income self-certification form, etc.) from individuals served, is required to be kept in individual’s file. All reimbursement requests must be supported by an appropriate level of expense support documentation and progress reporting clearly demonstrating that the applicable progress threshold for the request has been achieved on the project and that all rehabilitation has been completed in accordance with federal, state and local program requirements, and all permits have been satisfied. * There shall be up two draws per each unit being rehabilitated. The first request upon completion of 50% of the rehabilitation and the second may be requested upon final completion of the project. Reimbursement will be pay after all supporting documents and work performed has been reviewed by the Community improvement Division. All requests for reimbursement shall adhere to the standards set forth in Article 10: Reimbursement Requests and Article 11: Payment Terms. Failure for SUBRECIPIENT to adhere to these standards may result in delay of payment and / or disallowance of funding. 126 Attachment 1 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. The following are hereby incorporated into this “Attachment 1” (Insurance Advisory Form) by reference: City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ---------------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ---------------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ---------------------------------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate - $1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ---------------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 127 Community Development Block Subaward Grant Agreement – Coversheet City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page i of i Community Development Block Grant (CDBG) Subaward Agreement between City of Boynton Beach, Florida and Legal Aid Society of Palm Beach County, Inc. for a CDBG subaward of an amount not to exceed $10,000.00 from a federal award issued by U.S. Department of Housing and Urban Development for the specific purpose of Public Services Activity – Fair Housing Project. SUBAWARD COVERSHEET INTERNAL TABLE – FOR CITY INTERNAL USE ONLY City Contract No.: City Contract No. __Resolution R24 – 165_____________ Financial Services Department: Community Improvement Division CDBG Eligible Activity 24 CFR 570.201(e) – Public Services Activity – Legal Services, Tenant/Landlord Counseling; National Objective 24 CFR Part 570.208 (a)(1)(i) TABLE OF TERMS AND PROVISIONS Article 1: Standard CDBG Form Subaward Agreement ................................................................................................. 1 Article 2: The Parties ...................................................................................................................................................... 1 Article 3: Notice of Federal Subaward ............................................................................................................................ 1 Article 4: Term of Agreement and Subaward Period of Performance ........................................................................... 3 Article 5: Notice .............................................................................................................................................................. 3 Article 6: SUBRECIPIENT’s Obligations and Responsibilities ....................................................................................... 3 Article 7: Procurement and Subcontracting Standards .................................................................................................. 6 Article 8: Property Standards ......................................................................................................................................... 7 Article 9: Budget ............................................................................................................................................................. 7 Article 10: Reimbursement Requests ............................................................................................................................. 8 Article 11: Payment Terms ........................................................................................................................................... 10 Article 12: Return of Funds ........................................................................................................................................... 11 Article 13: Progress Reporting and Subaward Closeout ............................................................................................. 12 Article 14: Maintenance, Retention, and Access to Records ....................................................................................... 13 Article 15: Monitoring Requirements ............................................................................................................................ 15 Article 16: Audit Requirements ..................................................................................................................................... 15 Article 17: Insurance ..................................................................................................................................................... 17 Article 18: Indemnification, Sovereign Immunity, and Liability ..................................................................................... 19 Article 19: Independent Contractor, Non-Agent SUBRECIPIENT, and Third Parties ................................................. 19 Article 20: Confidentiality .............................................................................................................................................. 20 Article 21: Remedies for Noncompliance ..................................................................................................................... 22 Article 22: Termination .................................................................................................................................................. 22 Article 23: General Provisions ................................................................................................................................... 255 Article 24: Attachments................................................................................................................................................. 27 Article 25: Entire Agreement ........................................................................................................................................ 27 128 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 30 Article 1: Standard CDBG Subaward Form Agreement A. This CDBG Subaward Agreement (“Agreement”) is a “Standard CDBG Subaward Form Agreement.” Any changes to this standard form shall be noted separately through an amendment to the Agreement which must be separately executed by the parties to this Agreement in order to be binding upon the parties. Article 2: The Parties A. This Agreement is entered into by and between the two parties indicated in the following table: TABLE 1 – THE PARTIES Party #1 Name: City of Boynton Beach (the “City”) Entity Type: A Florida Municipal Corporation Principal Address: 100 E. Ocean Avenue Boynton Beach, Florida 33435 Agreement Liaison Name: Dan Dugger, City Manager Email Address: duggerd@bbfl.us Party #2: Name: Legal Aid Society of Palm Beach County, Inc., a Non-Profit Organization (the “SUBRECIPIENT”) Entity Type: 501(c)(3) Not-for-Profit Principal Address: 423 Fern Street, Suite 200 West Palm Beach, FL 33401 Agreement Liaison Name: Robert A. Bertisch, Esq., Executive Director Email Address: rbertisch@legalaidpbc.org B. The City and the SUBRECIPIENT may unilaterally re-designate their respective agreement liaisons by providing written notice of such change to the other party in accordance with Article 5 (“Notice”) of this Agreement. C. Both the City and the SUBRECIPIENT may be individually referred to as “party” or collectively referred to as “parties” in this Agreement. Article 3: Federal Subaward Information A. Subaward Information. The table below provides basic information regarding the underlying subaward pursuant to which this Agreement is being entered. 129 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 2 of 30 TABLE 2 – SUBAWARD INFORMATION Subaward Project Description: Public Services Activity – Legal Aid and Counseling - Fair Housing Project through a Non-Profit Organization (the “SUBRECIPIENT”). Awarding Agency Description: U.S. Department of Housing and Urban Development (the “Federal Awarding Agency”) – Community Development Block Grant (the “Federal Award”) – City of Boynton Beach (the “Grantee”). Subaward ID No.: Resolution R24 – 165 Resolution Date: 08/6/2024 B. Federal Subaward Amount. The amount of the underlying subaward is: $10,000.00. C. SUBRECIPIENT Compliance with Federal Subaward. At all times during which the SUBRECIPIENT is performing under this Agreement, the SUBRECIPIENT shall comply with the award terms and conditions of the underlying Federal subaward, as well as with any guidance provided by the Federal Awarding Agency. D. Compliance with the Federal Uniform Guidance. The SUBRECIPIENT shall comply with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the “Uniform Guidance”) when meeting its obligations under this Agreement. E. References for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance – or any other applicable federal, state, or local law – that are referenced in this Agreement are referenced for emphasis only. The exclusion of a specific applicable provision of law from this Agreement does not alleviate the SUBRECIPIENT from its obligation to comply with any such applicable provisions. F. By executing this Agreement, the SUBRECIPIENT hereby certifies that it has reviewed 2 CFR Part 200 and any relevant Federal Awarding Agency guidance and that it understands its obligations pursuant to such federal regulations and guidance. G. Federal Subaward Amount. The amount of the Federal Subaward issued pursuant to this Agreement is an amount not to exceed $10,000.00 (the “Subaward”). This Agreement’s use of “an amount not to exceed” shall in no way entitle the SUBRECIPIENT to reimbursement or payment of the maximum amount provided unless such reimbursement or payments have been earned by the SUBRECIPIENT in accordance with the terms and provisions of this Agreement. H. Required Information. Any additional information required pursuant to 2 CFR § 200.332 (“Requirements for Pass-Through Entities”) may be found in the Required Information for Federal Subawards Schedule attached to this Agreement as “Exhibit A.” 130 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 3 of 30 Article 4: Term of Agreement and Subaward Period of Performance A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the “Effective Date”) and shall terminate on: 09/30/2025, unless extended or renewed in accordance with the terms of this Agreement. B. Subaward Period of Performance. 1. The “Subaward Period of Performance” is the time during which the SUBRECIPIENT may incur obligations to carry out the work or services authorized under this Agreement. The SUBRECIPIENT may not invoice for any work completed, or services rendered, outside of the Subaward Period of Performance. This provision is required pursuant to 2 CFR § 200.332(a)(1)(v). 2. The Subaward Period of Performance of this Agreement is: UPON EXECUTION to 9/30/2025. Article 5: Notice Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be deemed effective as of date of receipt. TABLE 3 – NOTICE To the City: City of Boynton Beach Attn: Dan Dugger, City Manager City Manager’s Office, 4th. Floor 100 E. Ocean Avenue Boynton Beach, Florida 33435 To the SUBRECIPIENT: Legal Aid Society of Palm Beach County, Inc. Attn: Robert A. Bertisch, Esq., Executive Director 423 Fern Street, Suite 200 West Palm Beach, Florida 33401 Article 6: SUBRECIPIENT’s Obligations and Responsibilities A. Scope of Services. 1. The SUBRECIPIENT shall be responsible for meeting the objectives of this Subaward, as detailed in the “Scope of Services” attached to this Agreement as “Exhibit B”, in a manner that is deemed satisfactory by the City and consistent with the standards set forth in this Agreement, the Federal Award, and any directives or guidance issued by the Federal Awarding Agency. 2. The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize funds provided pursuant to this Agreement for any activity or purpose not included in, or in conformance with, the “Scope of Services.” 131 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 4 of 30 B. SUBRECIPIENT’s Agreement Liaison. The SUBRECIPIENT’s agreement liaison identified in TABLE 1 – THE PARTIES , or as re-designated pursuant to Article 2, Paragraph B above, shall be available to communicate and meet with the City’s agreement liaison and relevant City staff in order to review the SUBRECIPIENT’s performance pursuant to this Agreement. The City reserves the right to, at no additional cost to the City, require that the SUBRECIPIENT change its agreement liaison if the City’s agreement liaison believes doing so best serves the performance or objectives of the Subaward, or this Agreement. C. Licenses and Approvals. The SUBRECIPIENT hereby represents and warrants that it has and will continue to maintain all licenses, insurances and approvals required to meet its obligations under the Scope of Services, and that it will at all times conduct its activities in a reputable manner. Proof of such licenses, insurances and approvals shall be submitted to the City within three (3) business days upon request. Failure by the City to request such proof of licensure, insurance and approvals shall in no manner be construed as alleviating the SUBRECIPIENT’s obligations pursuant to Paragraph C of this Article, nor shall it be construed as shifting or imposing any liability onto the City. D. Employees of the SUBRECIPIENT. 1. Skillful Provision of Services. All services or work provided pursuant to this Agreement shall be performed by the employees, volunteers, associates, or agents of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) in a professional and skillful manner. 2. Employee Licensure. Any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) whose performance under this Agreement requires licensure shall have such valid and active licensure for the full duration of their performance under this Agreement. 3. Removal of Employees. The City may require the SUBRECIPIENT to remove any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) that the City’s agreement liaison – using their sole discretion – deems to be incompetent, careless, or otherwise objectionable from performing work or services related to this Agreement. The City shall not be responsible for any costs related to such removal. 4. E-Verify Use and Registration Certification. Pursuant to Section 448.095, Florida Statutes, the SUBRECIPIENT must certify that it is registered with, and uses, the E-Verify system to verify the work authorization status of all newly hired employees. The SUBRECIPIENT must further certify that it does not employ, contract with, or subcontract with an unauthorized alien, and shall provide an affidavit affirming this prior to the effective date of the contract. These certifications shall be provided by use of the E-Verify Use and Registration Certification found attached to this Agreement as “Form 1”. Violation of s. 448.095, Florida Statutes, may result in the Immediate Termination (as later defined in Article 22 (“Termination”)) of this Agreement. E. Non-Discrimination. 1. The SUBRECIPIENT shall, at no time during the provision of services funded through this Agreement, discriminate based on race, color, religion, national origin, sex, or sexual orientation. 2. The SUBRECIPIENT shall comply with any and all federal, state, and local anti-discrimination laws, rules, and regulations. For further information about the federal anti-discrimination requirements for this Agreement, see 2 CFR Part 200, “Uniform Guidance Contract 132 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 5 of 30 Provisions” located at: eCFR :: 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. F. Inherently Religious Activities. When expending the Subaward, the SUBRECIPIENT must adhere to the following conditions: 1. The SUBRECIPIENT must not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of its provision of the services funded in whole or in part by the Subaward; 2. Such inherently religious activities must be offered separately, in time or location, from the Subaward-funded services; and 3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries of the Subaward-funded services; therefore, the SUBRECIPIENT shall not implicitly or explicitly condition receipt of any services funded in whole or part by the Subaward on participation in any inherently religious activities. G. Public Entity Crimes and Scrutinized Companies. 1. By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this Agreement as “Form 2,” the SUBRECIPIENT must certify that: a. The SUBRECIPIENT does not meet the definition of “Scrutinized Company” pursuant to Section 215.473, Florida Statutes; and b. The SUBRECIPIENT – or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the SUBRECIPIENT or an affiliate of the SUBRECIPIENT – has not been convicted of a public entity crime pursuant to Section 287.133(3), Florida Statutes. 2. The City reserves the right of Immediate Termination (as later defined in Article 22 (“Termination”)) of this Agreement should the SUBRECIPIENT: a. Be found to have falsified its certification in “Form 2”; or b. Become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to either Section 287.133, Florida Statutes (“Public Entity Crime; Denial or Revocation of the Right to Transact Business with Public Entities”) or Section 287.135, Florida Statutes (“Prohibition Against Contracting with Scrutinized Companies”) subsequent to entering into this Agreement with the City. H. Anti-Human Trafficking. On or before the Effective Date of this Agreement, SUBRECIPIENT shall provide City with an affidavit attesting that the SUBRECIPIENT does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. I. Countries of Concern. SUBRECIPIENT represents that it is, and for the duration of the term of this Agreement will remain, in compliance with Section 286.101, Florida Statutes. 133 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 6 of 30 Article 7: Procurement and Subcontracting Standards A. Procurement. The SUBRECIPIENT must comply with 2 CFR §§ 200.318-200.327 (“Procurement Standards”) and must use such procedures when expending the Subaward where SUBRECIPIENT is conducting its own procurement to satisfy the objectives of this Subaward, as detailed in the “Scope of Services”, attached as “Exhibit B”. Does the SUBRECIPIENT maintain written purchasing procedures in compliance with the aforementioned federal Procurement Standards? “Yes” or “No”: ____ If “Yes,” then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it maintains written purchasing procedures in compliance with 2 CFR §§ 200.318-200.327 (“Procurement Standards”) and will use such procedures when expending the Subaward. If “No,” then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it does not maintain written purchasing procedures that are in compliance with 2 CFR §§ 200.318-200.327 (“Procurement Standards”). As such, the SUBRECIPIENT hereby agrees to develop and use written purchasing procedures in compliance with the Procurement Standards for expending the Subaward OR agrees to use the City’s Purchasing Policy Manual. The City’s Purchasing Policy Manual can be obtained by contacting the City’s Purchasing Manager at 561-742-6322 or PintoK@bbfl.us B. Simplified Acquisition Threshold. The “Simplified Acquisition Threshold” means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00. The Simplified Acquisition Threshold provided for in this Agreement is the one that the SUBRECIPIENT – and any of its sub-SUBRECIPIENTs – must use when making its expenditures of the Subaward. If SUBRECIPIENT is utilizing the City’s purchasing procedures, SUBRECIPIENT must use the City’s more restrictive (lower) simplified acquisition threshold. C. Subcontracting. 1. Federally Required Contract Provisions and Award Terms and Conditions. The SUBRECIPIENT shall insert the relevant contract provisions and certification documents identified in Appendix II of 2 CFR Part 200 (“Contract Provisions for Non-Federal Entity Contracts Under Federal Awards”) applicable award terms into all contracts into which it enters while expending the Subaward. 2. Small and Minority Business Enterprises (“MBE”), Women Business Enterprises (“WBE”), and Labor Surplus Area Firms. The SUBRECIPIENT must execute the Small and Minority Business Enterprise (“MBE”), Women Business Enterprise (“WBE”), and Labor Surplus Area Firm Certification attached as “Form 3” stating that the SUBRECIPIENT shall take the “Five Affirmative Steps” regarding Small and Minority Business Enterprise, Women Business Enterprises, and Labor Surplus Area Firms in the solicitation and selection of subcontractor(s) or procurements as required by the Federal Government in 2 CFR § 200.321. 3. Engaging in subcontracting, pursuant to this Agreement without complying with the requirements of this article is strictly prohibited. 134 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 7 of 30 D. Sub-Subawards. 1. Approval by the City. The SUBRECIPIENT shall not issue sub-subawards to any non- Federal entity without first receiving approval from the City. 2. Pass-Through Requirements. a. The SUBRECIPIENT must pass through all obligations of the Federal Award and any placed upon the SUBRECIPIENT under this Agreement to any of its sub- SUBRECIPIENTs through a federally-compliant SUBRECIPIENT agreement. b. The SUBRECIPIENT must comply with all provisions of 2 CFR § 200.332 (“Requirements for Pass-Through Entities”) and any other applicable provisions of the Uniform Guidance when issuing a subaward to a sub-SUBRECIPIENT. E. SUBRECIPIENT/Contractor Determinations. Prior to entering into an agreement with a third-party entity that is in part or in whole funded by the Subaward, the SUBRECIPIENT shall analyze the nature of such agreement pursuant to the provisions of 2 CFR § 200.331 (“SUBRECIPIENT Subcontractor Determinations”) to determine which type of relationship and requirements apply. Article 8: Property Standards A. By executing this Agreement, the SUBRECIPIENT hereby certifies that it shall comply with 2 CFR §§ 200.310-200.316 (“Property Standards”) and will use such procedures when handling and managing any supplies, equipment, real estate, or other property procured with any portion of the Subaward. B. The SUBRECIPIENT shall maintain inventory records of all supplies, equipment, real estate, and other property procured with the Subaward and may not to sell, transfer, encumber, or otherwise dispose of any such property without the written permission of the City, in which case the procedure in 2 CFR §§ 200.311 shall be adhered to. Article 9: Budget A. Approved Budget. The City-approved Budget for the Subaward is attached to this Agreement as “Exhibit C” and shall be the basis for which the City provides payment to the SUBRECIPIENT. B. Budget Amendments. 1. In General. Requests to amend the Budget contemplated in this Agreement: a. Must be received by the City no later than forty-five (45) days prior to the expiration of this Agreement’s term; b. Shall be made prior to the SUBRECIPIENT incurring any expenses that are not expressly provided for in the Budget; and c. Shall be considered and approved at the sole discretion of the City. 2. Informal Budget Amendments. The City’s Agreement Liaison noted in TABLE 1 – THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B, may, in writing, informally approve the following types of Budget amendments: a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then 135 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 8 of 30 the City’s agreement liaison may, in writing, informally approve requested amendments to the Budget that: (1) Do not increase the maximum Subaward amount; and (2) Are deemed by the City’s Agreement Liaison as being consistent with the “Scope of Services” attached as “Exhibit B”. b. Non-Discretionary Federal Awards. If the Federal Awarding Agency approved the Budget contemplated in this Agreement, then the City’s Agreement Liaison may, in writing, informally approve amendments to the Budget only upon receipt of written approval of such amendments by the Federal Awarding Agency. 3. Formal Budget Amendments. Budget amendments that do not meet either requirement of Paragraph B of this Article may not be informally amended by the City’s Agreement Liaison and, instead, must be made by formal written amendment mutually executed by both parties to this Agreement. C. Program Income. 1. 2 CFR § 200.1 (“Definitions”), defines “Program Income” as gross income earned by the SUBRECIPIENT that is directly generated by a supported activity or earned as a result of the Subaward during the Subaward Period of Performance. Program Income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under the Subaward, the sale of commodities or items fabricated under the Subaward, license fees and royalties on patents and copyrights, and principal and interest on loans made with Subaward Funds. Interest earned on advances of the Subaward is not program income. Except as otherwise provided, Program Income does not include rebates, credits, discounts, and interest earned on any of those items. 2. In the event that the SUBRECIPIENT generates Program Income, unless otherwise directed by the City, in compliance with 2 CFR § 200.307(e)(1) (“Program Income”), the SUBRECIPIENT shall: a. Calculate, document, and record such Program Income and its intended use or uses; b. Report such Program Income to the City as part of the required Progress Report, pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant to Article 13, Paragraph C.; c. Add the Program Income to the Subaward and use for continued activities related to the purposes and conditions of this Subaward. Article 10: Reimbursement Requests A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual funding-eligible costs as permitted by this Agreement. In order to obtain payment, the SUBRECIPIENT shall make funding-eligible expenditures and thereafter submit a “Reimbursement Request(s)” to the City for such expenditures pursuant to the terms found in this Article. 136 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 9 of 30 B. Form of Reimbursement Requests. All Reimbursement Requests shall clearly indicate the budget category from which each request is drawing. C. Minimum Standards for Reimbursement Requests. At minimum, all Reimbursement Requests submitted by the SUBRECIPIENT must: 1. Include enough detail so that the City is able to confirm that the SUBRECIPIENT has only requested reimbursement of funding-eligible expenses that were incurred by the SUBRECIPIENT in compliance with the terms of this Agreement. 2. Includes a dated cover letter of the SUBRECIPIENT’s organization, with a description defining the period of performance dates which it is has incurred eligible expenses that is now being requested for reimbursement. 3. If the Budget attached as “Exhibit C” has line-items or funding categories, indicate which line- item or funding category under which each funding-eligible cost is being requested for reimbursement. 4. Pursuant to 2 CFR § 200.415(a) (“Required Certifications”), include the following federally required attestation executed by an individual that is able to legally authorized to do so by the SUBRECIPIENT: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal Award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” 5. By executing this Agreement, the SUBRECIPIENT hereby affirms that it understands that the above are minimum standards for invoices only and are not meant to represent an exhaustive list of what the City’s Agreement Liaison may request or require in order to consider a Reimbursement Request complete or to approve such request for reimbursement. D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the “Scope of Services” and “Budget” attached to this Agreement as “Exhibit B” and “Exhibit C”, which hereby supersedes the frequency and due date for Reimbursement Requests noted in this provision, invoices are due as followed: 1. General Reimbursement Requests. The period for submission of General Reimbursement Requests shall be quarterly with such invoices due to the City by the 15th of the month subsequent to the provision of services for which the City is being invoiced (January 15, 2025, April 15, 2025, July 15, 2025, and October 15, 2025). 2. Initial Reimbursement Request. a. If the Subaward Period of Performance began on a date prior to the execution of this Agreement, the SUBRECIPIENT shall submit an Initial Reimbursement Request that covers all funding-eligible expenses for the period of time beginning on the first day of the Subaward Period of Performance (for this Agreement: UPON EXECUTION) and 137 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 10 of 30 ending on the date of execution of this Agreement. This Initial Reimbursement Request shall be submitted no later than the date that the first General Reimbursement Request is due to the City. 3. Final Invoices. Final Invoices shall be due to the City no later than fifteen (15) calendar days after the expiration or termination of this Agreement or last date of eligible expenditures by the SUBRECIPIENT, whichever the earlier of the dates. 4. Performance Period with No Expenses. In periods where eligible expenses have not been incurred by the SUBRECIPIENT, the SUBRECIPIENT is not required to submit a General or Initial Reimbursement Request for zero dollars. However, the SUBRECIPIENT may still be required to submit a Progress Report over this same period in accordance with Article 13. E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to withhold or deny payment on any Reimbursement Request if such request: 1. Is incomplete or fails to provide the requisite supporting documentation; 2. Fails to be provided in a timely fashion as determined by the terms of this Agreement; or 3. Indicates expenditures that are not compliant with this Agreement, the Federal Award, or any directives issued by the Federal Awarding Agency. Art icle 11: Payment Terms A. Local Government Prompt Payment Act. The City shall make payments to the SUBRECIPIENT on a reimbursement basis for work performed, or services provided, pursuant to this Agreement, in accordance with the Local Government Prompt Payment Act, Section 218.70 et. Seq, Florida Statutes. B. Federal Funding Availability. The City is only responsible for payments to the SUBRECIPIENT for which the City is provided funding by the Federal Awarding Agency. If the Federal Awarding Agency determines that a specific cost or expense requested by the SUBRECIPIENT is not permitted to be reimbursed under the terms and conditions of the Federal Award, the City shall not be responsible for making payment to the SUBRECIPIENT for that specific requested cost or expense. Should the Federal Awarding Agency withhold or deny funding to the City for any reason, the City may subsequently withhold or deny funding to the SUBRECIPIENT. C. Payment Limitations. The City shall not make payments for, or in any way be responsible for, payment to the SUBRECIPIENT for any of the following: 1. Any goods or services provided that do not fall within the “Scope of Services” attached as “Exhibit B”; 2. Any goods or services that fall within the attached “Scope of Services”, but that such payment can be made through a third-party program or insurance provider. D. Prohibition on Duplicative Funding. The SUBRECIPIENT may not accept duplicate funding for any cost, position, service, or deliverable funded by the Federal Award. Duplicative funding is defined as more than one-hundred percent (100%) payment from all funding sources for any cost, position, service, or deliverable. If duplicate funding is discovered, this Agreement may be suspended while the extent of the overpayment is determined, or may be terminated. Such suspension or termination may be initiated at the sole discretion of the City. 138 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 11 of 30 E. Costs in Excess of Award. Any costs or expenses incurred by the SUBRECIPIENT that exceed the overall Subaward amount set forth in this Agreement, or which are were incurred by the SUBRECIPIENT outside of the Subaward Period of Performance, shall be the sole responsibility of the SUBRECIPIENT. F. At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or any non-Federal Award monies to make payment to the SUBRECIPIENT for any costs or expenses incurred by the SUBRECIPIENT pursuant or related to this Agreement or the Federal Award. Art icle 12: Return of Funds A. Unauthorized Expenditures. The SUBRECIPIENT shall reimburse the City for all unauthorized or funding-ineligible expenditures. B. Payment(s) in Error. The SUBRECIPIENT shall return to the City any payments made to the SUBRECIPIENT that were made in error or were in any manner fraudulent or inconsistent with the “Scope of Services” attached as “Exhibit B” or the Federal Award (“Payment(s) in Error”). 1. In the event that the SUBRECIPIENT, or any outside accountant or auditor, determines that a Payment in Error was made, the SUBRECIPIENT shall return to the City any associated funds no later than ten (10) business days from when the SUBRECIPIENT became aware of such Payment in Error. 2. In the event that the City discovers a Payment in Error, the City shall notify the SUBRECIPIENT and the SUBRECIPIENT shall return any associated funds to the City no later than ten (10) business days from the SUBRECIPIENT’s receipt of such notice. C. Federal Disallowance(s). If the Federal Government demands reimbursement from the City due to a disallowance or finding that an expense or cost for which the City provided Subaward funding to the SUBRECIPIENT was in any way improper or not in compliance with the Federal Award, the SUBRECIPIENT shall return any associated funds to the City within a reasonable time period as mutually agreed upon by the City and the SUBRECIPIENT, or within six (6) months, whichever is the later of the dates. D. Delay or Failure to Return Funds. Should the SUBRECIPIENT fail to reimburse the City for any Payment in Error or Federal Disallowance within the time designated, the City may respond with any number of the following actions: 1. Charge an interest rate as determined by the State of Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance thereof. Interest shall accrue from the date of the SUBRECIPIENT’s initial receipt of overpayment funds up to the date of reimbursement of said overpayment funds to the City; 2. Withhold any or all future payments until the amount of such overpayment has been recovered by the City; 3. Terminate this Agreement; 4. Bar the SUBRECIPIENT from being considered when issuing future Federal Subawards or other City agreements; and 139 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 12 of 30 5. Pursue any other remedies permitted by law. Article 13: Progress Reporting and Subaward Closeout A. Progress Reporting 1. Form of Progress Reports. “Progress Report(s)” shall be delivered to the City on a form approved by the City’s agreement liaison noted in TABLE 1 – THE PARTIES, or as later re- designated pursuant to Article 2, Paragraph B. 2. Minimum Standards for Progress Reports. At minimum, such Progress Reports must detail the outputs, outcomes, and progress the SUBRECIPIENT has made in accomplishing the objectives of the “Scope of Services” attached as “Exhibit B.” Further, in the event any Program Income has been earned over the period, SUBRECIPIENT will report on the Program Income earned and expended to include whether it was related to the purposes and conditions of this Subaward. The City reserves the right to reasonably and unilaterally revise such approved form and request any additional supporting documentation from the SUBRECIPIENT as it deems necessary to meet its federal reporting requirements and monitoring obligations. 3. Progress Report Frequency and Due Dates. Unless otherwise stated in the “Scope of Services”, which hereby overwrites the frequency and due date of Progress Reports noted in this provision if there is a conflict between the two, Progress Reports shall be submitted on a quarterly basis and are due by the 15th of the month subsequent to the provision of services of which the SUBRECIPIENT is reporting (January 15, 2025, April 15, 2025, July 15, 2025, and October 15, 2025). 4. Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the required Progress Reports in accordance with this Article may necessitate the City’s withholding of payment on any subsequent Reimbursement Requests and shall be considered cause for termination by the City pursuant to the terms of termination in this Agreement. B. Annual Reporting Information. SUBRECIPIENT shall, upon request by the City’s Agreement Liaison or designee, make available SUBRECIPIENT data and other information related to the “Scope of Services”. This information will assist the City in its annual reporting obligation to the Federal Awarding Agency by September 30 of each year and will also be published on the City’s Consolidated Annual Performance and Evaluation Report (CAPER). Information requested will be related to overall performance, program outcomes and impacts, and program approaches related to promoting equitable outcomes in the delivery of services. C. Subaward Closeout. 1. All financial, performance, and other reports as required by the terms of this Subaward must be submitted to the City no later than (15) days after the end date of the Subaward Period of Performance. 2. Any earned and expended Program Income generated as a result of this Subaward must be calculated and documented with justification on its uses related to the purposes and conditions of the Subaward to the City no later than (15) days after the end date of the Subaward Period of Performance. 3. The closeout of the Federal Award, or this Subaward, does not affect any of the following: 140 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 13 of 30 a. The right of the Federal Awarding Agency or the City to disallow costs and recover funds on the basis of a later audit or other review. The Federal Awarding Agency or City must make any cost disallowance determination and notify the SUBRECIPIENT within the record retention period. b. The requirement for the SUBRECIPIENT to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. c. The ability of the Federal Awarding Agency to make financial adjustments to a previously closed award such as resolving indirect cost payments and making final payments. d. Audit requirements in 2 CFR Part 200, Subpart F. e. Property management and disposition requirements in §§ 200.310 through 200.316 of 2 CFR Part 200. f. Records retention as required in §§ 200.334 through 200.337 of 2 CFR Part 200. 4. After closeout of the Federal Award, or this Subaward, a relationship created under the Federal Award, or this Subaward, may be modified or ended in whole or in part with the consent of the Federal Awarding Agency or the City and the SUBRECIPIENT, provided the responsibilities of the SUBRECIPIENT, including those for property management as applicable, are considered and provisions made for continuing responsibilities of the SUBRECIPIENT, as appropriate. Article 14: Maintenance, Retention, and Access to Records A. The SUBRECIPIENT, and its subcontractors (if any) that are providing services or otherwise performing pursuant to this Agreement shall abide by the requirements of this Article. 1. The SUBRECIPIENT shall establish and utilize generally accepted accounting principles in the maintenance of all records relating to this Agreement. Such practices shall comply with the general acceptable accounting principles and shall fully and accurately reflect, track, and document the SUBRECIPIENT’s financial activities. 2. The SUBRECIPIENT shall establish and maintain separate accounting records for the SUBRECIPIENT’s activities in meeting its obligations pursuant to this Agreement with sufficient documentation to identify the associated expenditures (e.g. detailed invoices, cancelled checks, payroll journals, bank statement reconciliations, etc.) and establish that such expenditures are allowable, necessary, and reasonable under this Agreement, the Federal Award, and any directives issued by the Federal Awarding Agency. 3. The SUBRECIPIENT shall furnish the City with any and all data needed for the purpose of monitoring, evaluation, auditing, and quality assurance. This data shall include information on the services provided or work performed, and any other data that may be required by the City, in its sole discretion, to adequately evaluate the SUBRECIPIENT’s performance under this Agreement. 4. All records that were created, utilized, or maintained for the purpose of fulfilment of the SUBRECIPIENT’s obligations pursuant to this Agreement, whether paper or electronic 141 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 14 of 30 (“Relevant Records”), shall be retained by the respective record holder for a period of five (5) years after termination of this Agreement, including any extensions or renewals of this Agreement. 5. In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a period of five (5) years after the resolution of any such event. 6. The SUBRECIPIENT shall permit the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives to access, review, or reproduce any and all Relevant Records. 7. If the “Scope of Services” in “Exhibit B” is site-specific, or construction-related, access to the stated construction or work site shall be provided to the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives. 8. The SUBRECIPIENT shall ensure that the provisions of this Article are incorporated into any agreements into which it enters that are related to this Agreement and the Federal Award. B. Public Records. 1. Pursuant to Section 119.0701, Florida Statutes, the SUBRECIPIENT shall: a. Keep and maintain public records required by the City to perform the service. b. Upon request from the City, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the amount set by the City. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement’s term and following completion of this Agreement if the SUBRECIPIENT does not transfer the records to the City. d. Upon completion, or termination, of this Agreement, transfer, at no cost, to the City all public records in possession of the SUBRECIPIENT or keep and maintain public records required by the SUBRECIPIENT to perform the service in accordance with Florida law. e. If the SUBRECIPIENT transfers all public records to the City upon completion of the Agreement, the SUBRECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SUBRECIPIENT keeps and maintains public records upon completion of this Agreement, the SUBRECIPIENT shall meet all applicable requirements for retaining public records in accordance with applicable federal and Florida law. f. All records stored electronically shall be provided to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. 142 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 15 of 30 IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE SUBRECIPIENT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 310 BOYNTON BEACH, FL 33435 Phone: 561-742-6061 Email: CITYCLERK@BBFL.US 2. Florida Agencies. If the SUBRECIPIENT is an “Agency” as defined by Section 119.011, Florida Statutes, then the SUBRECIPIENT shall comply with its own obligations under Chapter 119, Florida Statutes. The SUBRECIPIENT additionally agrees to cooperate in good faith with the City in the handling of public records created under this Agreement. Notwithstanding anything set forth in any provision of this Agreement to the contrary, the SUBRECIPIENT will not be required to destroy any records in its custody in violation of Chapter 119, Florida Statutes. Article 15: Monitoring Requirements A. Monitoring. The SUBRECIPIENT shall permit the City, the Clerk, or the designees of either such government agency, to periodically monitor the SUBRECIPIENT’s performance and programmatic and financial activities, pursuant to the requirements found in 2 CFR § 200.332 (“Requirements for Pass-Through Entities”) and any other relevant federal laws, regulations, or guidance. B. Letter of Findings. 1. If the City, the Clerk, or the designee of either such government agency, discovers any defect in the SUBRECIPIENT’s performance under this Agreement (whether programmatic, financial, etc.), then a “Letter of Findings” may be provided to the SUBRECIPIENT. 2. The SUBRECIPIENT shall respond to any such Letter of Findings with a Corrective Action Plan and Implementation Schedule, as instructed by the City, the Clerk, or the designee of either such government agency, within thirty (30) calendar days of the date of the Letter of Findings. Failure to submit a Corrective Action Plan and Implementation Schedule shall constitute a material breach and may result in termination of this Agreement. 3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such government agency, to first issue such a “Letter of Findings” to the SUBRECIPIENT prior to the City being permitted to exercise any of its rights in equity, at law, or as otherwise granted through this Agreement, including but not limited to the right to terminate this Agreement. Article 16: Audit Requirements A. Auditing. The SUBRECIPIENT shall comply with the federal auditing requirements found in 2 CFR Subpart F (“Audit Requirements”). B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized designees shall have the right to audit SUBRECIPIENT’s: 1. Disbursement of the Subaward; 143 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 16 of 30 2. Service or program delivery; and 3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the Federal Award. C. Mandatory Audit, Certification, and Audited Financial Statement. In determining the federal award amounts expended during its fiscal year, the SUBRECIPIENT shall consider all sources of federal awards including federal resources received from the State or other agencies. 1. If the SUBRECIPIENT expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, the SUBRECIPIENT must have a single audit completed and conducted in accordance with 2 CFR § 200.514 (“Scope of Audit”), unless the SUBRECIPIENT elects to have a program-specific audit in accordance with 2 CFR § 200.501(c) (“Audit Requirements”). 2. If the SUBRECIPIENT expends less than seven hundred fifty thousand dollars ($750,000) in federal awards during the fiscal year, the SUBRECIPIENT shall: a. Provide an annual certification to the City that a single audit was not required; and b. Annually submit an Audited Financial Statement to the City. 3. If the SUBRECIPIENT is mandated to have an audit performed due to its expenditure of seven hundred fifty thousand dollars ($750,000) or more in federal awards within one fiscal year, that audit must be completed no later than one-hundred and eighty (180) calendar days after the close of the SUBRECIPIENT’s fiscal year. D. Submission of Audits and Audited Financial Statements. 1. The SUBRECIPIENT shall submit to the City any and all auditor’s report received by the SUBRECIPIENT related to its obligations under this Agreement within ten (10) business days of receipt. 2. A copy of the Single Audit Reporting Package, including the associated management letter, which was conducted in accordance with 2 CFR § 200.512 (“Report Submission”), or the applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice provision in this Agreement, with a copy provided to the City at the following: City of Boynton Beach Department of Financial Services Attn: Community Improvement Division 100 E Ocean Avenue Boynton Beach, FL 33435 E. The Federal Audit Clearinghouse. Audits must be submitted to the Federal Audit Clearinghouse either thirty (30) calendar days after receipt of the auditor’s report, or nine (9) months after the end of the entity’s fiscal year end date. Such audits shall be submitted electronically via the following website: https://harvester.census.gov/facweb/. 144 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 17 of 30 F. Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement and may result in the withholding or denial of any requests for payment or reimbursement to the SUBRECIPIENT. Article 17: Insurance A. The SUBRECIPIENT agrees to, on a primary basis and at its sole expense, at all times throughout the duration of this Agreement maintain the following types of insurance coverage with limits and on forms (including endorsements) as described in this Article. These requirements, as well as the City’s review or acceptance of insurance maintained by the SUBRECIPIENT is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the SUBRECIPIENT under this Agreement. B. The SUBRECIPIENT shall require and ensure that each of its sub-contractors/consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified in this Article and “Attachment 1” (Insurance Advisory Form). C. The SUBRECIPIENT shall have in full force the following insurance coverage, and will provide Certificates of Insurance to the SUBRECIPIENT prior to commencing operations under this Agreement to verify such coverage during the duration of this Agreement: 1. All SUBRECIPIENTs: Commercial General Liability – The SUBRECIPIENT shall maintain coverage issued on the most recent version of the Insurance Services Office (ISO) form as filed for use in Florida or its equivalent, with a limit of liability of not less than one million dollars ($1,000,000) per occurrence, general aggregate, products completed/operations aggregate, and personal advertising Injury; and, all other insurance coverage reasonably required by the City. SUBRECIPIENT further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insured. Additional Insured–Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The coverage shall contain no limitations on the scope of protection afforded the City, its officers, officials, employees or volunteers. The certificate holder and additional insured shall be listed in the name of the City of Boynton Beach, Florida. 2. SUBRECIPIENTS Providing Services at City Facilities: Workers’ Compensation – The SUBRECIPIENT shall maintain coverage for its employees with statutory workers’ compensation limits and no less than one million dollars ($1,000,000) for each incident of bodily injury or disease for Employer’s Liability. Said coverage shall include a waiver of subrogation in favor of the City if services are being provided at City facilities. Business Automobile Liability – The SUBRECIPIENT shall maintain coverage for all owned; non-owned and hired vehicles issued on the most recent version of ISO form as filed for use in Florida or its equivalent, with limits of not less than one million dollars ($1,000,000) per accident. In the event the SUBRECIPIENT does not own automobiles, the SUBRECIPIENT shall maintain coverage for hired and non-owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. 145 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 18 of 30 3. SUBRECIPIENTs Providing Services to Vulnerable Populations: Sexual Abuse and Molestation Coverage with limits of not less than one hundred thousand dollars ($100,000) per occurrence shall also be included for those programs that provide services directly to Vulnerable Person(s). “Vulnerable Person(s)” are minors as defined in Section 1.01(13), Florida Statutes, or vulnerable adults as defined in Section 415.102, Florida Statutes. 4. SUBRECIPIENTs Providing Services that are of a Professional Nature: Professional Liability with a limit of not less than one million dollars ($1,000,000) per wrongful act or claim. For policies written on a claims-made basis, the SUBRECIPIENT agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement. In the event the policy is cancelled, non-renewed, switched to occurrence form or any other event that triggers the right to purchase a Supplemental Extended Reporting Period (“SERP”) during the life of this Agreement the SUBRECIPIENT agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the SUBRECIPIENT of the obligation to provide replacement coverage. D. Insurance carriers providing coverage required in this “Insurance” subsection must be authorized or eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial Strength Rating of A-Class VIII. E. Any request for an exception to these insurance requirements must be submitted in writing to the City for approval. F. The SUBRECIPIENT shall provide to the City current certificates of insurance evidencing all required coverage prior to execution and commencement of any operations/services provided under this Agreement. In addition to the certificate(s) of insurance the SUBRECIPIENT shall also provide copies of any applicable endorsements as required above. G. For continuing service contracts, renewal certificates shall be submitted upon request by either the City or its certificate management representative. The certificates shall clearly indicate that the SUBRECIPIENT has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) calendar days prior written notice to the City. Certificates shall specifically reference the respective Agreement number. The certificate holder shall read: City of Boynton Beach, Florida Attention: Risk Management Department 100 E. Ocean Avenue Boynton Beach, FL 33435 H. State Agencies or Subdivisions. If the SUBRECIPIENT is a “state agency or subdivision” (as defined by Section 768.28(2), Florida Statutes): 1. Paragraphs A – G of this Article are not applicable. However, such paragraphs do apply to any of the SUBRECIPIENT’s subcontractors that are not agencies or political subdivisions of the State of Florida and must be included by the SUBRECIPIENT in any such subcontracts. 2. Without waiving its right to sovereign immunity as provided in Section 768.28, Florida Statutes, the SUBRECIPIENT may self-insure its liability with coverage limits of one million Dollars 146 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 19 of 30 ($1,000,000) per occurrence or such other limited sovereign immunity as set forth by the Florida legislature. A statement of self-insurance shall be provided to the City’s Risk Management Department at the address in Paragraph G of this Article. Article 18: Indemnification, Sovereign Immunity, and Liability A. Indemnification. The SUBRECIPIENT agrees to defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the SUBRECIPIENT, its officers, directors, employees, and/or agents relating to the SUBRECIPIENT’s performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. B. Sovereign Immunity. 1. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of the City’s sovereign immunity provisions or protections pursuant to Section 768.28, Florida Statutes. 2. State Agencies or Subdivisions. If the SUBRECIPIENT is a “state agency or subdivision” (as defined by Section 768.28(2), Florida Statutes), then Paragraph B.1. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. C. Liability. 1. Unless otherwise explicitly stated in this Agreement, in no event shall either party be responsible to the other for any indirect damages, incidental damages, consequential damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty, or a breach of term of this Agreement. 2. Without waiving any of the provisions or protections under this Agreement or pursuant to Florida law, under no circumstances shall the City be liable to the SUBRECIPIENT under any contract, negligence, strict liability, or other legal or equitable theory for any amounts in excess of those limits per claim and per occurrence set forth for tort liability in Section 768.28 of the Florida Statutes, which limits are hereby made applicable to all manner of claims against the City related to this Agreement and are not confined to tort liability. D. State Agencies or Subdivisions. If the SUBRECIPIENT is a “state agency or subdivision” (as defined by Section 768.28(2), Florida Statutes), then Paragraph C.2. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. Article 19: Independent Contractor, Non-Agent SUBRECIPIENT, and Third Parties A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is intended to, or should be construed as, creating or establishing the relationship of copartners between the parties, or as constituting the SUBRECIPIENT as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The SUBRECIPIENT is to be, and shall remain, an independent contractor with respect to all services performed under this Agreement, and that any individuals hired, or performing services or work, pursuant to this Agreement shall be considered to 147 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 20 of 30 be the employee of the SUBRECIPIENT for all purposes, including but not limited to for any worker’s compensation matters. B. Non-Agent SUBRECIPIENT. The Boynton Beach City Commission has not delegated to any City officer or employee the authority to appoint any agent on the City’s behalf regarding the subject matter of this Agreement. Accordingly, nothing in this Agreement is intended to, or shall be construed as to, appoint the SUBRECIPIENT as an agent of the City. Additionally, no review or approval of the SUBRECIPIENT’s services, requests for reimbursement, reports, or records by the City may be construed as the City appointing the SUBRECIPIENT as an agent of the City. C. No Third-Party Claims. Nothing in this Agreement, express or implied, shall confer to a third-party – or be construed as conferring to a third-party in any way – any legal or equitable right, benefit, claim, or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal Government, the City, and the employees and/or contractors of each of the foregoing governments, shall be held harmless from liability to any third parties for claims asserted under this agreement. Article 20: Confidentiality A. Confidentiality. 1. The parties hereby agree to maintain any confidential information transmitted by the other party over the course of this Agreement confidential to the extent that such confidentiality is lawfully permitted pursuant to Florida or Federal law. 2. The SUBRECIPIENT shall limit disclosure of its Confidential Information to the minimum necessary to properly perform under this Agreement. The SUBRECIPIENT understands that the City is subject to Florida Public Records laws and that information that SUBRECIPIENT may consider Confidential Information may be subject to disclosure absent a statutory exemption. In the event a public records request is made for Confidential Information of SUBRECIPIENT, the SUBRECIPIENT shall be responsible for defending its assertion that such records are subject to an exemption from disclosure and shall indemnify the City from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of a public records request for SUBRECIPIENT’s Confidential Information where SUBRECIPIENT asserts an exemption to disclosure B. Health Insurance Portability and Accountability Act (“HIPAA”) 1. Generally. If the SUBRECIPIENT meets the definition of “Covered Entity,” as defined in 45 CFR § 160.103, or a “Hybrid Entity,” as defined in 45 CRF § 164.103, then: a. Before providing any services funded, in whole or in part, through this Agreement that may cause the SUBRECIPIENT to generate Protected Health Information (“PHI”) as defined in 45 CFR § 160.103, the SUBRECIPIENT must first obtain legally sufficient medical release authorizations from each individual receiving such services. b. Such required medical release authorizations may be limited in scope; however, they must at least permit the disclosure of any PHI that is in any way related to the Subaward-funded services that individual(s) receive to the City for reporting, monitoring, and auditing purposes. c. The City hereby reserves the right to deny payment for any costs the SUBRECIPIENT incurs in its provision of otherwise funding-eligible services to any individual(s) for 148 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 21 of 30 whom it does not have a valid and current medical release authorization as required by this provision. d. Additionally, the SUBRECIPIENT must require any of its subcontractors for which this provision is applicable to secure such requisite medical release authorizations as well. 2. Business Associate Agreements. Should the SUBRECIPIENT’s provision of services under this Agreement require access to PHI generated by the City, then the SUBRECIPIENT must execute a Business Associate Agreement that complies with the standards found in 45 CFR § 164.504(e). C. Florida Information Protection Act (“FIPA”) 1. Pursuant to Section 501.171(g)1., Florida Statutes, “Personal Information” means either of the following: a. An individual’s first name or first initial and last name in combination with any one or more of the following data elements for that individual: (1) A social security number; (2) A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; (3) A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual’s financial account; (4) Any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or (5) An individual’s health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. b. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. 2. If, pursuant to this Agreement, the SUBRECIPIENT is maintaining, storing, or processing personal information on behalf of the City, the SUBRECIPIENT is the City’s “Third-Party Agent” under FIPA and hereby agrees to comply with all obligations for such “Third-Party Agents” as detailed in Section 501.171, Florida Statutes. These obligations include, but are not limited to: a. Taking reasonable measures to protect and secure data in electronic form containing personal information; and b. Providing notice to the City in the event of a breach of security of the SUBRECIPIENT’s system as expeditiously as practicable, but no later than ten (10) calendar days following the determination of the breach of security or reason to believe the breach occurred. 149 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 22 of 30 3. The SUBRECIPIENT shall be responsible and liable for all costs associated with any required notices, fines, or fees assessed against the City for any breach of Personal Information that is the fault of the SUBRECIPIENT. Article 21: Remedies for Noncompliance A. Remedies for Noncompliance. Pursuant to 2 CFR § 200.339 (“Remedies for Noncompliance”), if the SUBRECIPIENT fails to comply with the U.S. Constitution, federal statutes, regulations, or the terms and conditions of a Federal Award or any additional conditions that the Federal Awarding Agency or City may impose, and the Federal Awarding Agency or City determine that such noncompliance cannot be remedied by imposing additional conditions, the Federal Awarding Agency or City may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT or more severe enforcement action by the Federal Awarding Agency or City; 2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate this Agreement; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated at the recommendation of the City; 5. Withhold further Federal Awards for the project or program; or 6. Take other remedies that may be legally available. Article 22: Termination A. Termination for Convenience by the City. Pursuant to 2 CFR Part 200, Appendix II, Paragraph B, contracts made pursuant to a Federal Award must address termination for convenience by the City including the manner by which it will be affected and the basis for settlement. As such, the City may terminate this Agreement for convenience by providing a written thirty (30) calendar day notice to the SUBRECIPIENT. B. Termination by the SUBRECIPIENT. Pursuant to 2 CFR § 200.340(a)(4), the SUBRECIPIENT may terminate this Agreement upon sending the City written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward was made, the City may terminate the Subaward in its entirety. Additionally, a SUBRECIPIENT’s failure to complete performance on a Subaward in the manner initially agreed upon may compromise the SUBRECIPIENT’s ability to receive subawards, other grants, or any other contract opportunities from the City in the future. 150 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 23 of 30 C. Termination for Cause. 1. Immediate Termination. a. The City reserves the right of “Immediate Termination” of this Agreement, with such termination to be effectuated as of the SUBRECIPIENT’s receipt of written notice which may be hand-delivered or transmitted by electronic mail to the SUBRECIPIENT’s Agreement Liaison noted in TABLE 1 – THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B. Notwithstanding the foregoing, the City, as a courtesy, may additionally provide the SUBRECIPIENT with such notice in the manner provided in Article 5 (“Notice”) of this Agreement. b. Immediate Termination pursuant to this provision shall be permitted for any number of the following reasons: (1) The Federal Awarding Agency terminates the Federal Award; (2) Any circumstance under which the City is no longer receiving Federal Award funds to reimburse the SUBRECIPIENT occurs; (3) The amount invoiced by the SUBRECIPIENT meets or exceeds the amount of the Subaward provided for in this Agreement; (4) The SUBRECIPIENT files bankruptcy or otherwise becomes insolvent; (5) The SUBRECIPIENT is determined to be ineligible to do business in the State of Florida; (6) If the SUBRECIPIENT is a non-profit agency, loss of the SUBRECIPIENT’s non-profit status; or (7) As otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. The City may terminate this Agreement for cause upon providing a written fourteen (14) calendar day breach of contract and termination notice. Such termination for cause may be for any material breach of this Agreement, or if the City, using its sole discretion, determines that the SUBRECIPIENT is unable to perform under this Agreement. 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or accept the SUBRECIPIENT’s proposed cure if such an opportunity is provided, the City reserves the right to provide the SUBRECIPIENT the opportunity to cure any stated breach. Such opportunity to cure can be used in tandem with, or in lieu of, a Letter of Findings issued in accordance with Article 15 (“Monitoring Requirements”) of this Agreement. If the City provides such opportunity to cure, shall: a. Provide the opportunity to cure as a part of the City’s breach of contract and termination notice; and b. Allot an appropriate deadline by which the SUBRECIPIENT must provide its proposed cure to the City. 151 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 24 of 30 4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the SUBRECIPIENT’s damages for such termination, if any, shall be the same as if the City terminated this Agreement for convenience. D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement was due to the SUBRECIPIENT’s material failure to comply with the Subaward’s terms and conditions, the City reserves the right to report the SUBRECIPIENT to the Federal Awarding Agency so that it may report the termination to the OMB-designated integrity and performance system accessible through the federal System of Award Management (“SAM”). E. In the Event of Termination. After receipt of a notice of termination, except as otherwise directed, the SUBRECIPIENT shall take all of the following actions: 1. Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the requirements in 2 CFR §§ 200.344 (“Closeout”) and 200.345 (“Post-Closeout Adjustments and Continuing Responsibilities”); 2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not yet been recouped by the City (if any); 3. Stop working under this Agreement on the date of receipt of the notice of termination unless otherwise stated in such notice; 4. Place no further orders and enter into no further agreements to the extent that either relate to the performance of the work which was terminated and direct any subcontractors to do the same; 5. Terminate all orders and subcontracts to the extent that they relate to the performance of the work, which was terminated; 6. Finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the date of termination, up to and including the final invoice due at the end of the project without reimbursement beyond that due as of the date of termination for services rendered to the termination date; 7. Take any other actions as reasonably directed in writing by the City. F. Payment in Event of Termination. If this Agreement is terminated before performance is completed, whether for convenience or cause, the SUBRECIPIENT shall be paid for the work or services satisfactorily performed. In the event the Agreement is terminated for cause, the City shall be entitled to collect all or part of any funds owed to the City by the SUBRECIPIENT by deduction from the reimbursement or payment amount due the SUBRECIPIENT. No other damages, fees, or costs may be assessed against the City for its termination of the Agreement. G. Force Majeure. 1. The SUBRECIPIENT shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by explosion, war, embargo, government requirement, civil or military authority, pandemic, act of God, or other similar causes beyond the SUBRECIPIENT’s control so long as the SUBRECIPIENT’s delay 152 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 25 of 30 is not caused by the SUBRECIPIENT’s own fault or negligence. Notwithstanding the foregoing, the SUBRECIPIENT cannot claim Force Majeure under this provision for any emergency, exigency, or “Act of God” that is specifically contemplated within the “Scope of Services” of this Agreement, or which in any way existed at the time this Agreement was executed. 2. The above notwithstanding, in order to claim delay pursuant to this provision, the SUBRECIPIENT shall notify the City in writing within seven (7) business days after the beginning of any such cause that would affect its performance under this Agreement. Failure to notify the City in a timely manner of any claim of Force Majeure made pursuant to this provision is cause for termination of this Agreement. 3. If the SUBRECIPIENT’s performance is delayed pursuant to this provision for a period exceeding seven (7) business days from the date the City receives the required Force Majeure notice, the City shall have the right to terminate this Contract thereafter and shall only be liable to the SUBRECIPIENT for any work performed pursuant to this Agreement prior to the date of the City’s termination. 4. No other damages, fees, or costs may be assessed against the City for its termination of this Agreement pursuant to this provision. Nothing in this provision shall prevent the City from terminating this Agreement for any purpose otherwise expressly stated in this Agreement. Article 23: General Provisions (Alphabetical) A. Assignments and Successors. The parties deem the services to be rendered pursuant to this Agreement to be personal in nature. Each party binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither party shall assign, sublet, convey, or transfer its interest in this Agreement without the written consent of the other, which consent shall be in the sole determination of the party with the right to consent. B. Attorneys’ Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall each bear their own costs, expert fees, attorneys’ fees, and other fees incurred in connection with this Agreement and any action or proceeding arising out of or relating to this Agreement (an “Action”). C. Conflicts. The SUBRECIPIENT shall comply with all applicable local, state, and federal laws, regulations, executive orders, and the policies, procedures, and directives of the Federal Awarding Agency. Should there be conflict between the various applicable laws and this Agreement, the most restrictive shall govern. D. Construction and Representations. Each party acknowledges that it has had the opportunity to be represented by counsel of such party’s choice with respect to this Agreement. In view of the foregoing, and notwithstanding any otherwise applicable principles of construction or interpretation, this Agreement shall be deemed to have been drafted jointly by the parties and in the event of any ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied upon any representations or statements made by the other party to this Agreement which are not specifically set forth in this Agreement. E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in counterparts, both of which shall be deemed an original and which taken together shall constitute one agreement. Any counterpart may be delivered by any party by electronic transmission of the full 153 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 26 of 30 Agreement as executed by that party to the other party as mutually agreed upon by the parties, and delivery shall be effective and complete upon completion of such transmission. F. Governing Law. This Agreement shall be considered as having been entered into in the State of Florida and shall be construed and interpreted in accordance with the laws of that state. G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement, including the Table of Contents or Table of Terms and Provisions, are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. H. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any right that party does or might have to a trial by jury related to any Action. I. Remedies. No remedy conferred upon any party in this Agreement is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any rights, power, or remedy hereunder shall preclude any other or further exercise thereof. J. Severability. The provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependence is a material inducement for the parties to enter into this Agreement. Therefore, should any material term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. K. Signatory. Each signatory below represents and warrants that he or she has full power and is duly authorized by their respective party to enter into and perform under this Agreement. Such signatory also represents that he or she has fully reviewed and understands the above conditions and intends to fully abide by the conditions and terms of this Agreement as stated. L. Survivorship. Those provisions which by their nature are intended to survive the expiration, cancellation, or termination of this Agreement, including, by way of example only, the indemnification and public records provisions, shall survive the expiration, cancellation, or termination of this Agreement. M. Use of City and SUBRECIPIENT Logos. Both parties are prohibited from use of any and all of the other party’s emblems, logos, or identifiers without written permission from that party. N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court of competent jurisdiction sitting in Boynton Beach, Florida, regarding any Action, and further agrees that any such Action shall be heard and determined in such Florida federal or state court. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Boynton Beach, Florida. O. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at 154 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 27 of 30 any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. P. Written Modification. 1. No modification of this Agreement shall be binding upon any party to this Agreement unless it is reduced to writing and is signed by a duly authorized representative of each party to this Agreement. 2. Notwithstanding the above subparagraph, the parties hereby recognize that the Federal Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted to unilaterally “pass-down” to the SUBRECIPIENT without formal amendment to this Agreement. 3. The City shall provide notice such unilateral amendments to the SUBRECIPIENT in a timely fashion to both by electronic mail to the SUBRECIPIENT agreement liaison noted in TABLE 1 – THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B. 4. The SUBRECIPIENT hereby agrees to work with the City in good faith to make any additional amendments to this Agreement as may be necessary pursuant to directive provided by the Federal Awarding Agency. Article 24: Attachments The documents provided for in the table below are hereby incorporated by both reference and attachment and therefore form a material part of this Agreement. Attachment Name Attachment Title Form 1 E-Verify Use and Registration Certification Form 2 Public Entity Crimes and Scrutinized Companies Certification Form 3 Small and Minority Business Enterprise (“MBE”), Women Business Enterprise (“WBE”), and Labor Surplus Area Firm Certification Form 4 Federal Suspension and Debarment Certification Form 5 Certification Regarding Lobbying Form 6 Affidavit of Compliance with Anti-Human Trafficking Laws Exhibit A Required Information for Federal Subawards Schedule Exhibit B Scope of Services Exhibit C Budget Attachment 1 Insurance Advisory Form Article 25: Entire Agreement This Agreement, and any documents incorporated, referenced, or attached to this Agreement, sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements, 155 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 28 of 30 negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. [ SIGNATURES ON FOLLOWING PAGES] [ REMAINDER OF PAGE LEFT BLANK] 156 CITY OF BOYNTON BEACH, FLORIDA SIGNATURE PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 29 of 30 The City has executed this Agreement on the date set forth below. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of , 20 . CITY OF BOYNTON BEACH, FLORIDA: ATTEST: _____________________ _______________________________ City Clerk – Signature Mayor – Signature Approved as to form: ________________________ City Attorney – Signature SUBRECIPIENT SIGNATURE ON FOLLOWING PAGE 157 SUBRECIPIENT SIGNATURE PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 30 of 30 BOYNTON BEACH, FLORIDA’S SIGNATURE ON PREVIOUS PAGE The SUBRECIPIENT has executed this Agreement on the date set forth below. SUBRECIPIENT AGENCY: _______________________________ Subrecipient Agency – Signature _______________________________ _____________________________ Print Name Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by ___ means of physical presence or ___ this ___ day of _____________, 20___, by _____________________________. Personally, Known OR Produced Identification _ Type of Identification Produced ___________________________ Seal NOTARY PUBLIC Notary – Signature Print Name 158 Form 1 E-Verify Registration and Use Certification Community Development Block Grant Subaward Agreement – Form 1 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 1 COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS Please note that the City will verify that the SUBRECIPIENT has an active registration on https://e-verify.gov. If the SUBRECIPIENT does not have an active registration noted on the E-Verify website because the Federal Government has not yet updated its website, it must then provide a copy of the E-Verify Memorandum of Understanding for Employers that the SUBRECIPIENT received upon registration to the City. E-VERIFY REGISTRATION USE CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this E-Very Use and Registration Certification and Affidavit. B. The SUBRECIPIENT is registered with the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all employees hired during the term of this Agreement and shall provide evidence of such registration to the City upon request. C. The SUBRECIPIENT does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. D. The SUBRECIPIENT shall require all subcontractors performing work under this Agreement to provide an affidavit stating that such subcontractors do not employ, contract with, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency – Signature Title Printed Name Date 159 Form 2 Public Entity Crimes and Scrutinized Companies Certification Community Development Block Grant Subaward Agreement – Form 2 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 2 COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS Part 1: Certification of Compliance with Section 287.133, Florida Statutes (Public Entity Crime) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. Neither the SUBRECIPIENT, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the SUBRECIPIENT, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989. B. The SUBRECIPIENT has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list. C. The SUBRECIPIENT acknowledges that for the purposes of this certification, the terms “public entity crime,” “convicted,” and “affiliate,” are as defined in Section 287.133, Florida Statutes, which the SUBRECIPIENT has reviewed prior to the execution of this certification. D. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C (“Termination”) of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: 1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statute subsequent to entering into this Agreement with the City. E. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT’s status under Section 287.133, Florida Statutes, changes in any manner. Part 2: Certification of Compliance with Section 287.135, Florida Statutes (Scrutinized Companies) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. The SUBRECIPIENT certifies that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes. B. The SUBRECIPIENT is not: 1. On the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, and the SUBRECIPIENT is not engaged in a boycott of Israel; 160 Form 2 Public Entity Crimes and Scrutinized Companies Certification (Continued) Community Development Block Grant Subaward Agreement – Form 2 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 2 of 2 2. On the “Scrutinized Companies with Activities in Sudan List” or the “Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,” created pursuant to Section 215.473, Florida Statutes; or 3. Engaged in business operations in Cuba or Syria. C. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C (“Termination”) of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: 1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement with the City. D. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT’s status under Section 287.135, Florida Statutes, changes in any manner. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency – Signature Title Printed Name Date 161 Form 3 Small and Minority Business Enterprise (“MBE”), Women Business Enterprise (“WBE”), and Labor Surplus Area Firm Certification Community Development Block Grant Subaward Agreement – Form 3 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 1 COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS CERTIFICATION OF COMPLIANCE WITH 2 CFR § 200.321 The undersigned hereby certifies on behalf of the SUBRECIPIENT, that the SUBRECIPIENT will comply with all of the following should the SUBRECIPIENT subcontract using any portion of the Subaward: A. When selecting subcontractors and making procurements with the Subaward, the SUBRECIPIENT shall take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus firms are used whenever possible while expending the Subaward. B. Pursuant to 2 CFR § 200.321, such affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. The SUBRECIPIENT understands that it must pass this obligation down to its subcontractors (if any). Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency – Signature Title Printed Name Date 162 Form 4 Federal Suspension and Debarment Certification Community Development Block Grant Subaward Agreement – Form 4 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 1 COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS Please note that the City will verify that the SUBRECIPIENT has an active registration with SAM.gov on https://www.SAM.gov. If the SUBRECIPIENT does not have an active registration noted in the SAM.gov system, then this Agreement will not be executed by the City. FEDERAL SUSPENSION AND DEBARMENT CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this Federal Suspension and Debarment Certification. B. The SUBRECIPIENT complies with 2 CFR Part 180, Subpart C (“Responsibilities of Participants Regarding Transactions Doing Business with Other Persons”). C. The SUBRECIPIENT is registered and maintains an active registration with SAM.gov and will maintain an active registration with SAM.gov for the entire term of this Agreement. D. The SUBRECIPIENT does not appear on the SAM Exclusions list and shall notify the City within five (5) business days if it is added to the SAM Exclusions list, or should its status under the SAM system change in any way during the term of this Agreement. E. The SUBRECIPIENT shall include a requirement to comply with 2 CFR Part 180, Subpart C in any lower tier covered transactions into which it enters. F. The SUBRECIPIENT understands and agrees that the City reserves the right to institute additional restrictions and conditions to this Agreement, terminate this Agreement, and pursue any other remedy available under local, state, and federal law, should the SUBRECIPIENT: (1) be found to have misrepresented its SAM.gov status in any manner; or (2) fail to notify the City of any change in its status under the SAM.gov system. This certification is a material representation of fact relied upon by the City. If it is later determined that the SUBRECIPIENT fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to, suspension or debarment. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. SUBRECIPIENT Agency – Signature Title Printed Name Date 163 Form 5 Certification Regarding Lobbying Community Development Block Grant Subaward Agreement – Form 5 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 2 COMPLETION OF THIS FORM IS CONDITIONAL This form is required for all SUBRECIPIENTs receiving a Subaward in an amount that exceeds $100,000. Does the Subaward exceed $100,000? No If “No” then the SUBRECIPIENT may disregard this form. If “Yes” then the SUBRECIPIENT hereby executes the following Certification Regarding Lobbying as required by 31 USC § 1352: CERTIFICATION REGARDING LOBBYING 31 USC § 1352 Part 1: Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies on behalf of the SUBRECIPIENT that: A. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the SUBRECIPIENT shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. C. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Part 2: Statement for Loan Guarantees and Loan Insurance The undersigned certifies on behalf of the SUBRECIPIENT that: A. If any funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the SUBRECIPIENT shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. 164 B. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. SUBRECIPIENT Agency – Signature Title Printed Name Date [ REMAINDER OF PAGE LEFT BLANK] 165 Form 6 Affidavit of Compliance with Anti-Human Trafficking Laws Community Development Block Grant Subaward Agreement – Form 6 City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 1 In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below (“Entity”), hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled “Human Trafficking.” Date: ____________________, 20___ Signed: Entity: Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of ______________, 20____, by _______________________________, as ____________________________ for _____________________________________________________, who is personally known to me or who has produced ________________________ as identification. Notary Public Signature: State of Florida at Large (Seal) Print Name: My commission expires: 166 Exhibit A Required Information for Federal Subawards Table Community Development Block Grant Subaward Agreement – Exhibit A City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Page 1 of 1 REQUIRED PURSUANT TO 2 CFR § 200.332 Federal Requirements Subaward-Specific Information SUBRECIPIENT Name (registered name in SAM.gov): Legal Aid Society of Palm Beach County, Inc. SUBRECIPIENT's Unique Entity Identifier (UEI): 59-6046994 Federal Award Identification Number (FAIN): N/A (CDBG Multiple Years Rollover Funds) Federal Award Date: N/A (CDBG Multiple Years Rollover Funds) Subaward Period of Performance Start and End Date: Start: Upon Execution End: 09/30/2025 Federal Award Budget Period Start and End Date: Start: 10/01/2024 End: 09/30/2025 Amount of Federal Funds obligated by this action by the Pass-Through Entity to the SUBRECIPIENT: $10,000.00 Total Amount of Federal Funds Obligated to the SUBRECIPIENT by the Pass-Through Entity including the current financial obligation: $10,000.00 Total Amount of the Federal Award committed to the SUBRECIPIENT by the Pass-Through Entity: $10,000.00 Federal subaward Project Description: 24 CFR 570.201(e) – Public Services Activity – Legal Services, Tenant/Landlord Counseling; National Objective 24 CFR Part 570.208 (a)(1)(i) Name of Federal Awarding Agency: U.S. Department of Housing and Urban Development (HUD) Name of Pass-Through Entity: City of Boynton Beach Pass-Through Entity’s Awarding Official Contact Information: Name: Ty Penserga, Mayor Email: PensergaT@bbfl.us Phone: 561-742-6010 CFDA Number and Name: Number: 14.228 Name: Community Development Block Grant Is the Subaward R&D related?: No Is there an indirect cost rate for the Subaward?: No Requirements of the Federal Award imposed on the SUBRECIPIENT?: Yes, see the terms of the Agreement and attached exhibits and forms. Are there any additional requirements imposed on SUBRECIPIENT in order for the Pass-Through Entity to meet its own reporting responsibilities to the Federal Awarding Agency?: Yes, see the terms of the Agreement and attached exhibits and forms. Is there a requirement that the SUBRECIPIENT must permit the Pass-Through Entity and auditors to have access to the SUBRECIPIENT’s records and financial statements?: Yes, see: Article 14 (“Maintenance, Retention, and Access to Records”) and Article 16 (“Audit Requirements”). Are there appropriate terms and conditions concerning closeout of the Subaward?: Yes, see: Article 13 (“Progress Reporting and Subaward Closeout”) 167 Exhibit B Scope of Services Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. Fair Housing Project Scope of Services The Fair Housing Project is part of Legal Aid’s Individual Rights Advocacy practice area which aims to improve a family’s opportunities and living conditions through the provision of high quality civil legal advice, consultation, representation and outreach at no cost to participants and clients. Through this proposal for funding, City of Boynton Beach residents will benefit from the full spectrum of legal services provided by Legal Aid’s 21 various projects. When appropriate, Boynton Beach residents seeking fair housing assistance will receive referrals and have access to advice, consultation and representation for a variety of legal matters, including but not limited to: representation at restraining order hearings for victims of domestic violence, sexual assault and stalking; investigation of cases of abuse, neglect and exploitation of frail and vulnerable seniors; assistance with immigration matters, particularly for victims of domestic violence and juveniles in the dependency system; and the filing of appeals for individuals with HIV/AIDS who have been wrongfully denied disability benefits. The attorney will organize and conduct fair housing workshops and legal presentations for the general public and for social service providers and representatives from the banking and realty sectors. The attorney will also represent victims of unlawful discrimination in cases regarding the provision of housing services in state/federal courts, and before administrative agencies in cases seeking affirmative relief and counterclaims for damages and injunctive relief. Accordingly, he/she will file administrative discrimination complaints with HUD, the Palm Beach County Office of Equal Opportunity, and other appropriate agencies. Requested Community Development Block Grant funds from the City of Boynton Beach will be used to provide fair housing education, outreach and enforcement activities for residents of the City of Boynton Beach. All activities will be presented by staff attorneys and paralegals from the Legal Aid Society’s Fair Housing Project. Attorneys will be licensed and will have experience in fair housing, real property, landlord-tenant, consumer, mortgage foreclosure and housing law. All services will be offered free of charge and will be in support of the proposed eligible activities only. Fifteen (15) individuals will attend each of three (3) fair housing seminars and outreach events for a total of forty-five (45) individuals at $400 per event ($1,200.00). Sixteen (16) clients approximately will be represented through enforcement/discrimination activities at $550.00 per case ($8,800.00). 168 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. EXHIBIT C Based on the “Scope of Services” as set forth in Exhibit B, below is the established budget and activities for this Agreement: Project Phase CDBG Funds Community Presentations $1,200.00 Legal Counseling $8,800.00 Totals $10,000.00 FUNDING AND METHOD OF PAYMENT: It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from the federal CDBG Program; and funds are subject to HUD’s approval of the CITY’s CDBG FY 2024 Annual Action Plan; and the approved reimbursements through HUD’s Integrated Disbursement and Information System (IDIS). The services provided with this funding will be to serve low-to-moderate income (LMI) individuals that are 80% or below, the area median income (AMI). A signed and dated household income certification form and proof of income (e.g. pay stubs, retirement benefits, signed and dated income self-certification form, etc.) from individuals served, is required to be kept in individual’s file. All reimbursement requests must be supported by an appropriate level of expense support documentation and progress reporting clearly demonstrating that the applicable progress threshold for the request has been achieved. All requests for reimbursement shall adhere to the standards set forth in Article 10: Reimbursement Requests and Article 11: Payment Terms. Failure for SUBRECIPIENT to adhere to these standards may result in delay of payment and / or disallowance of funding. 169 Attachment 1 Community Development Block Grant Subaward Agreement City of Boynton Beach and Legal Aid Society of Palm Beach County, Inc. The following are hereby incorporated into this “Attachment 1” (Insurance Advisory Form) by reference: City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ---------------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ---------------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ---------------------------------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate - $1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ---------------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 170 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-207- Approve the City of Boynton Beach State Housing Initiative Partnership (SHIP) Program Annual Report for FY2021-2022 and Local Housing Incentives Certification. Requested Action: Staff recommends approval of Proposed Resolution No. R24-207. Explanation of Request: Section 420.9072, Florida Statutes, regulates State Housing Initiative Partnership (SHIP) Program funds. The City of Boynton Beach receives an allocation of funds created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of a local housing assistance plan, to expand the production of and preserve affordable housing, to further the housing element of the local government's comprehensive plan specific to affordable housing and to increase housing-related employment. The statute requires that each county or eligible municipality submit to the Florida Housing Finance Corporation (Corporation) an annual report of its affordable housing programs and accomplishments utilizing SHIP funds through June 30, the close of the state's fiscal year. The report shall be certified as accurate and completed by the local government chief elected official or their designee. The report is representative of the following three-years worth of funding from the beginning of the report year. How will this affect city programs or services? The State Housing Initiative Partnership (SHIP) Program is one of two principal funding sources for the City's affordable housing programs. Fiscal Impact: SHIP funds are also used for a portion of the City's administration costs which also lessens the demand on the general fund for personnel expenses. Attachments: R24-207 Agenda_Item_2036- 2023_Resolution_for_SHIP_Annual_Report_and_Local_Housing_Cert.docx Exhibit A to Resolution - FY 2021-2022 SHIP Annual Report and Certification.pdf 171 RESOLUTION NO. R24-2071 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE CITY OF BOYNTON BEACH STATE 4 HOUSING INITIATIVE PARTNERSHIP (SHIP) PROGRAM ANNUAL 5 REPORT FOR FY2021-2022 AND LOCAL HOUSING INCENTIVES6 CERTIFICATION; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,section 420.9072, Florida Statutes, regulates the State Housing Initiative 9 Partnership (SHIP) Program; and 10 WHEREAS,the City of Boynton Beach receives an allocation of funds created for the 11 purpose of providing funds to counties and eligible municipalities as an incentive for the creation 12 of a local housing assistance plan to expand the production of and preserve affordable housing 13 to further the housing element of the local government Comprehensive Plan specific to affordable 14 housing, and to increase housing-related employment; and15 WHEREAS, the statute requires that each county or eligible municipality shall submit to 16 the Florida Housing Finance Corporation an annual report of its affordable housing programs and 17 accomplishments utilizing SHIP funds through June 30, the close of the state's fiscal year; and18 WHEREAS,the report shall be certified as accurate and completed by the local 19 government’s chief elected official or their designee. The report is representative of the following 20 three-year worth of funding from the beginning of the report year; 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 the City of Boynton Beach State 23 Housing Initiative Partnership (SHIP) Program Annual Report for FY2021-2022 and Local Housing24 Incentives Certification.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, does hereby 31 approve a State Housing Initiative Partnership (SHIP) Program Annual Report for FY2021-202232 172 and Local Housing Incentives Certification, in form and substance similar to that attached as 33 “Exhibit A. “34 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 35 authorizes the Mayor to execute the SHIP Program Annual Report for FY2021-2022 and Local 36 Housing Incentives Certification. The Mayor is further authorized to execute any ancillary 37 documents as may be necessary to accomplish the purpose of this Resolution.38 SECTION 4.One fully-executed original shall be retained by the City Clerk as a public 39 record of the City. A copy of the fully-executed shall be provided to RJ Ramirez to forward to the 40 Florida Housing Finance Corporation.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 173 174 175 176 177 178 179 180 181 182 183 184 185 186 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-208- Approve the auction of the surplus vehicles/equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneer JJ Kane Auctioneers. Requested Action: Staff recommends approval of Proposed Resolution No. R24-208. Explanation of Request: The Fleet Maintenance Division is submitting fifteen (15) units to be disposed of at auction by using the online auctioneer JJ Kane Auctioneers. These proceeds will generate revenue for the Fleet Maintenance Fund. The division has verified that the units are no longer of use and have completed all proper documentation for disposal. How will this affect city programs or services? The disposal of obsolete, damaged, and surplus vehicles/equipment will remove the need to store the items and allow the Finance Department to remove the items from the City’s fixed asset records. Fiscal Impact: The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund and will be used for the future procurement of vehicles/equipment. Attachments: R24-208 Agenda_Item_2032-2023_auction_for_disposal.docx Exhibit A to Resolution - Vehicle Surplus List - Sep 2024.pdf JJ_Kane_Contract_Agreement.pdf 187 RESOLUTION NO. R24-2081 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA,APPROVING THE AUCTION OF THE 4 VEHICLES/EQUIPMENT SUBMITTED BY THE FLEET MAINTENANCE DIVISION 5 FOR DISPOSAL BY USING THE ONLINE AUCTIONEERS JJ KANE 6 AUCTIONEERS; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS, on August 15, 2023, the City Commission approved Resolution No. R23-102 10 approving an Agreement with JJ Kane Auctioneers to facilitate the sale at public auction of City-11 owned vehicles and equipment that have been identified as surplus; and12 WHEREAS,the Fleet Maintenance Division is submitting fifteen (15) units to be disposed 13 of at auction by using the online auctioneer JJ Kane Auctioneers; and 14 WHEREAS, the Fleet Maintenance Division has verified that the units are no longer of use 15 and have completed all proper documentation for disposal, and requests the City Commission’s 16 review, evaluation, and approval to sell the surplus vehicles/equipment; and 17 WHEREAS, the proceeds will generate revenue for the Fleet Maintenance Fund; and18 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 19 the best interests of the citizens and residents of the City to approve the auction of the 20 Vehicles/Equipment submitted by the Fleet Maintenance Division for disposal by using the online 21 auctioneers JJ Kane Auctioneers.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 the auction of the Vehicles/Equipment submitted by the Fleet Maintenance Division for 29 disposal by using the online auctioneers, JJ Kane Auctioneers. A copy of the Vehicle List to be 30 auctioned is attached hereto and incorporated herein as “Exhibit A.”31 SECTION 3.This Resolution shall take effect in accordance with law.32 188 PASSED AND ADOPTED this ____________ day of _________________________________ 2024.33 CITY OF BOYNTON BEACH, FLORIDA34 YES NO35 Mayor – Ty Penserga __________36 37 Vice Mayor – Aimee Kelley __________38 39 Commissioner – Angela Cruz __________40 41 Commissioner – Woodrow L. Hay __________42 43 Commissioner – Thomas Turkin __________44 45 VOTE ______46 ATTEST:47 48 ___________________________________________________________49 Maylee De Jesús, MPA, MMC Ty Penserga50 City Clerk Mayor51 52 APPROVED AS TO FORM:53 (Corporate Seal)54 55 _______________________________56 Shawna G. Lamb57 City Attorney58 189 Public Works Department Fleet Management & Mobility Division Vehicle Surplus List - Sep 2024 UNIT #YEAR MAKE MODEL DESCRIPTION VIN # OR SERIAL #DEPARTMENT 4852 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR7JGB46363 POLICE 4854 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR1JGB46357 POLICE 4966 2019 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR7KGA28881 POLICE 5901 2009 CHEVROLET SILVERADO TRUCK FLATBED STAKED BODY 1GBJC74K69F143498 PARKS & GROUNDS 19 2008 CHEVROLET SILVERADO PICKUP TRUCK 3/4 TON 1GCHC24K48E197562 PARKS & GROUNDS 3625 2016 FORD FUSION MID SIZE SEDAN 3FA6P0G71GR398201 CITY MANAGERS OFFICE 4972 2019 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR8KGA28887 POLICE 7700 2017 FORD EXPLORER MID SIZE SEDAN 1FM5K8D81HGC90309 INTERNAL INVESTIGATIONS 4862 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR3JGB46358 POLICE 4864 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR3JGB46361 POLICE 4737 2017 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR2HGD26151 POLICE 1906 2019 LODAL EVO T-28 SIDE LOAD TRUCK 1L9AH47B7KK006214 SOLID WASTE 1874 2018 PETERBILT PETERBILT WITH NEW WAYSIDE LOAD TRUCK 3BPDLJ0X9JF191402 SOLID WASTE 1581 2015 PETERBILT PETERBILT WITH HEILGRAPPLE TRUCK 2NP2HJ4X0FM273647 SOLID WASTE 1862 2018 FREIGHTLINER M120 DUMP FREIGHTLINER WITH PETERSEN 1FVACYFE2JHJP8304 SOLID WASTE 190 Sourcewell RFP#110421 Public Utility Equipment with Related Accessories&Supplies i JJ°Kane Contact: Dave Persad Seller Name:The City of Boynton Beach Express Mail Address(No P.O.Boxes): 222 NE 9th Ave Boynton Beach,FL 33435 Phone: 561-742-6215 Email:persadd@bbfl.us Date Emailed To Seller: 7.17.2023 This agreement(this"Agreement"), effective as of July 17th 2023, is by and among The City of Boynton Beach(hereinafter called"Seller"),J.J.Kane Exchange,LLC("Exchange"), and J.J.Kane Associates Inc. d/b/a "J.J. Kane Auctioneers," "Ken Porter Auctions" and "First Capitol Auction" ("Associates" and, together with Exchange, hereinafter called "Auctioneer"), acting as agent for Seller. Seller and Auctioneer,intending to be legally bound,hereby agree as follows: 1) Term and Termination. The term of this Agreement shall begin on the date hereof and shall continue until terminated by either party hereto. Either party hereto may terminate this Agreement at any time upon 60 days' prior written notice to the other party. Upon termination of this Agreement, Auctioneer shall provide written notice to Seller describing any unsold Auction Items(defined below) and, unless otherwise mutually agreed to by the parties hereto, Auctioneer shall be permitted to attempt to sell such Auction Items at auction for an additional 60 days following the effective date of the termination of this Agreement. At the end of such additional 60 day period, any unsold Auction Items will be released to Seller; provided, that Seller shall be required to reimburse Auctioneer for any and all expenses incurred by Auctioneer in connection with the transportation, storage, decommissioning, and other related costs of preparing such unsold Auction Items for sale prior to Auctioneer's release of such Auction Items to Seller. 2) Engagement. a) Seller hereby engages Auctioneer to facilitate the sale at public absolute auction sale Seller's property identified by Seller(the"Auction Item"), excluding any chemicals,hazardous materials or other environmentally unsafe equipment or materials unless mutually agreed upon in writing by Seller and Auctioneer. i) Seller shall be responsible for clean-up/disposal of petroleum products/chemical spills coming from Auction Items that are offered for sale under this Agreement. The prompt and proper clean-up of any spills, leaks or other releases of petroleum or chemical substances and materials will be performed in accordance with all applicable federal,state and local laws and regulations. Seller acknowledges and agrees that in the event a spill has occurred, notification by Auctioneer to certain federal, state and/or local agencies may be required. Seller shall be responsible for all costs resulting in the clean-up of any spills/leaks or other releases of petroleum or chemical spills in accordance with any applicable laws and regulations. All clean-up/proper disposal costs will be billed back to Seller and deducted from Seller's sale proceeds. If said proceeds do not cover the total cost of spill cleanup/disposal, Seller will be billed the difference and Auctioneer shall be paid within 10 04469614.15 1 191 Sourcewell RFP#110421 Public Utility Equipment with Related Accessories & Supplies business days of dated invoice. The obligations set forth in this Section 2 shall survive the termination or expiration of this Agreement. b) Seller hereby acknowledges and agrees that any auction conducted over the internet via online bidding will be conducted by Exchange and any applicable third party internet auction platform. c) Auctioneer may, in its sole discretion, accept or reject any Auction Items proposed for auction sale by Seller. 3) Auctioneer Personnel. Auctioneer shall provide all necessary auctioneers, accountants, clerks and office staff required to achieve the efficient and orderly performance of the auction sale contemplated by this Agreement. Auctioneer shall employ qualified personnel to perform these jobs and shall perform the engagement contemplated by this Agreement in a professional and skilled manner. 4) As-Is&Where-Is Auction Sales. a) Auction Items will be offered for sale individually, or in the case of small miscellaneous items sold in lots as determined by Auctioneer. All Auction Items will be sold on an"As-Is Where-Is" basis without any warranties of any kind,expressed or implied. b) Seller agrees to disclose to Auctioneer any known defects or faults with Auction Items prior to listing such Auction Items with Auctioneer for sale. c) In the case that a known defect or condition of any Auction Item is not disclosed by Seller to Auctioneer prior to listing, Auctioneers shall have the right, in its sole discretion,to declare such Auction Item a"No Sale" in which case Seller shall retain possession of such Auction Item and reimburse Auctioneer for any and all costs and expenses incurred by Auctioneer in connection with the transportation,storage,decommissioning and sale preparation of such Auction Item. d) In accordance with applicable state and federal emissions regulations, Seller shall notify Auctioneer of any alterations of OEM emission systems that have occurred on vehicle or equipment Auction Items (e.g., dpf, def, system deletes or other engine control software or hardware alterations not approved by OEM). 5) Marketable Title. a) Seller specifically represents and warrants to Auctioneer that Seller is the sole owner of, and has good, valid and marketable title to, all of the Auction Items to be sold by Auctioneer pursuant to this Agreement, free and clear of any liens, security interests, mortgages, debts or other encumbrances or restrictions of any kind not otherwise disclosed in writing by Seller to Auctioneer on or prior to the date of this Agreement. Seller further represents and warrants that there are no outstanding judgments or liens against Seller and that there are no legal actions, claims or proceedings pending or, to the knowledge of Seller, threatened against or adversely affecting Seller whatsoever which in any way would hinder, prevent or otherwise affect Seller's or Auctioneer's right or ability to sell the Auction Items at auction sale. b) Seller acknowledges and agrees that Auctioneer may elect to conduct UCC lien searches on any Auction Items deemed necessary by Auctioneer,in its sole discretion. Seller shall be responsible for the cost of any such lien searches payable in accordance with Section 11(c)below. c) Seller agrees to deliver, upon Auctioneer's request, any documents, certificates, proofs of ownership or titles that may be required to effectively deliver and convey title to the Auction Items sold by Auctioneer pursuant to this Agreement. d) In the case that there is a delay in the new purchaser receiving a free and clear title to any vehicle or trailer Auction Items sold hereunder,the net proceeds from the sale will be held by Auctioneer until a free and clear title is delivered to the purchaser; provided, that, at the election of Auctioneer,in its sole discretion,the applicable Auction Item may be withdrawn from the auction sale and remain Seller's property. 04469614.15 2 192 Sourcewell RFP #110421 Public Utility Equipment with Related Accessories & Supplies e) Seller acknowledges and agrees that, although Auctioneer guarantees free and clear title to the purchaser of each Auction Item and Auctioneer will use its commercially reasonable best efforts to obtain and convey such title in accordance with applicable law, Auctioneer shall in no way be responsible for any losses, damages, costs, expenses or fees (including, without limitation, attorneys' fees)arising out of or relating to any delay in obtaining and/or conveying free and clear title to the purchaser of any Auction Item sold hereunder. f) Seller acknowledges and agrees that, if requested, Auctioneer may provide the name of Seller to the applicable purchaser of any vehicle Auction Item sold hereunder. g) If Seller is a motor vehicle dealer, Seller's dealer state&dealer number are as follows: (list dealer state&dealer number): h) The obligations set forth in this Section 5 shall survive the termination or expiration of this Agreement. 6) Titles On-Site. a) Seller agrees to deliver or cause to be delivered to Auctioneer all signed certificates of title, letters of authorization to sell vehicle Auction Items and any other related paperwork (e.g., a seller- specific bill of sale)no later than 10 days prior to the applicable auction sale. b) In order to comply with applicable motor vehicle rules and to enable new purchasers to assume ownership with minimal problems, a letter of authorization on Seller's letterhead must accompany all certificates of title associated with Auction Items. Set forth below is a sample letter: To Whom It May Concern: SELLER NAME] hereby authorizes J.J. Kane Auctioneers to sell vehicles and/or equipment owned by at the auction sale conducted on Saturday, in Sincerely, SELLER NAME] DATE] 7) Delivery of Auction Items. Unless Seller requests for Auctioneer to arrange for the pickup and transportation of any Auction Items to the applicable auction site by a third party service provider in accordance with Section 11(b) below, Seller shall deliver or cause to be delivered the Auction Items to the auction sale site no later than ten days prior to the applicable auction sale or to such other location agreed to in writing by Auctioneer. All Auction Items shall be delivered to Auctioneer in running condition(except as noted by Seller)with adequate fuel levels and a duplicate set of keys. 8) Insurance Coverage. a) Seller shall, at their own expense, maintain and carry in full force and effect appropriate insurance coverage on the Auction Items being sold hereunder until the day of the auction sale. b) Auctioneer and owner of the auction sale site property will not be responsible for any damages to Auction Items resulting from acts of nature, theft, accident and/or vandalism while such Auction Items are located at the sale site. c) Auctioneer shall be responsible for any loss or damage to Auction Items due to Auctioneer's willful or negligent acts or omissions. 9) Commission. 04469614.15 3 193 Sourcewell RFP #110421 Public Utility Equipment with Related Accessories & Supplies a) Seller agrees that Auctioneer will charge the buyer of each Auction Item sold hereunder a base buyer's fee equal to 10% of the gross sale price paid for such Auction Item, subject to increase depending on the applicable (i) sales platform (e.g., live auction or internet only), (ii) type of buyer (on-site or internet) and/or (iii) Auction Item location, which shall not exceed 15% of the gross sales price paid for the Auction Item. b) [Seller agrees to pay Auctioneer a Seller's commission equal to 0% of the total gross sale price for sold Auction Items.] c) Seller agrees that, when applicable, Auctioneer may deduct its commission from the gross proceeds of the auction sale. 10)Non-Sales. a) In the event that a successful bidder fails to pay for an Auction Item for which such bidder is designated to be the high bidder, then the applicable Auction Item will be deemed a"Non-Sale," no commission will be charged on such Auction Item and Seller will retain ownership of such Auction Item. b) In certain instances Auctioneer may be required to refund the would-be purchaser of an Auction Item that has been deemed a"Non-Sale."In the event Seller has already received the proceeds for such a"Non-Sale"Auction Item, Auctioneer will be entitled to relist the Auction Item on Seller's behalf. Seller agrees to assist Auctioneer in obtaining all title and registration paperwork necessary to relist the Auction Item (including duplicate title). Auctioneer will not assume ownership of the Auction Item at any time. Seller agrees that Auctioneer shall be entitled to use the proceeds of any auction sale following such a relisting to recover any amounts previously refunded to the would-be purchaser, together with administrative fees and costs as may be charged or incurred by Auctioneer. 11) Reimbursed Expenses. c) If applicable and pre-approved by Seller, Seller agrees that Auctioneer may deduct the exact cost for any additional services that Auctioneer provides Seller from the proceeds of the auction sale. 1) Advertising: 2) Decommissioning&Washing: $ 3) Repairs: 4) Other: d) If Seller requests for Auctioneer to arrange for the pickup and transportation of Auction Items by a third party service provider,Auctioneer will invoice Seller a transportation fee equal to the cost of pickup and transportation plus 10%. e) If Auctioneer elects to conduct UCC lien searches on any Auction Items,Auction will be entitled to deduct the cost of such lien searches from the gross proceeds of the auction sale or, if no sale occurs,invoice Seller for such cost. 12) Payment. a) Auctioneer will charge and collect from the purchaser the purchase price for the Auction Items sold at the auction sale,together with all applicable taxes. Auctioneer will collect payment in full from the purchaser prior to the removal of any Auction Items from the auction site. Seller shall be responsible for the payment of all income taxes resulting from or payable in connection with the sale of the Auction Items hereunder. b) Within 14 business days following the auction sale, Auctioneer shall to remit to Seller the net proceeds from the Auction Items sold at auction, less Auctioneer's applicable commission as outlined in Section 9 above and any expenses as outlined in Section 11 above, together with a written report listing all Auction Items sold by Auctioneer and proof of payment for expenses. Payment shall be made by Auctioneer via electronic transfer or by a check made payable to 04469614.15 4 194 Sourcewell RFP#110421 Public Utility Equipment with Related Accessories& Supplies Seller. Any proceeds check will be made payable to Seller and mailed to the same name and address of Seller set forth on the first page of this Agreement unless otherwise directed in writing by Seller. 13)Absolute Unreserved Auction Sales. a) Seller understands that Auctioneer conducts absolute unreserved public auction sales where each Auction Item is sold to the highest bidder regardless of price. b) Furthermore, Seller understands/agrees that it is illegal for Seller or any agent thereof to bid on and/or buy-back any Auction Items owned by Seller. c) If Seller or any agent of Seller attempts to bid on and/or buy back any of the Auction Items, Auctioneer will,at Auctioneer's discretion,choose one of the following actions: 1) Pass the Auction Item currently being offered for sale along with all other Auction Items. 2) Sell the Auction Item to the last"Good Faith"bidder before Seller or its agent began bidding on such Auction Item. d) Seller shall reimburse Auctioneer for any lost revenue,including seller's commission,buyer's fee and/or any pre-approved reimbursed expenses in the event of a"Buy Back". 14)Advertised Auction Items. At Auctioneer's discretion,in the event that Seller removes any advertised Auction Item from the auction sale, Seller agrees to pay Auctioneer a handling fee of$500.00 for each such Auction Item that is removed from the sale. 15) Breach of Contract. In the event that Seller breaches any covenant or makes any misrepresentation in this Agreement, Seller agrees to indemnify, defend and hold Auctioneer harmless from any and all costs, expenses,damages and liabilities arising out of or relating to such breach or misrepresentation, including, without limitation, attorneys' fees and other costs incurred by Auctioneer in any action or proceeding arising out of or relating to such breach or misrepresentation. The obligations set forth in this Section 15 shall survive the termination or expiration of this Agreement. 16) Indemnification. Seller hereby agrees to indemnify, defend and hold Auctioneer and its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, "Indemnified Persons") harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys' fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to: (a) Seller's ownership and maintenance(or lack thereof) of the Auction Items, (b)the condition of the Auction Items at time of auction,(c)the applicable purchaser's use of the Auction Items and/or any property damage or bodily injury arising therefrom,(d)any title defects or delays in delivering free and clear title to the Auction Items, (e) any breach of this Agreement by Seller, (f) any violations of applicable state and federal laws, including, without limitation, state and federal emissions laws and regulations, or (g) the enforcement of this indemnity by Auctioneer.The obligations set forth in this Section 16 shall survive the termination or expiration of this Agreement. 17)Entire Agreement:Headings. a) This Agreement contains the entire agreement between the parties and there are no other terms, obligations or representations,written or oral,other than those contained in this Agreement. This Agreement may be modified only by a further writing that is duly executed by both parties. b) Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 04469614.15 5 195 Sourcewell RFP#110421 Public Utility Equipment with Related Accessories & Supplies 18)Digger Derricks and Aerial Devices. a) Section 18(b) below shall apply to digger derricks and the following vehicle-mounted aerial devices(hereinafter referred to as an"aerial device")sold as Auction Items hereunder: 1) Extensible boom aerial devices; 2) Aerial ladders; 3) Articulating boom aerial devices; 4) Vertical towers; and 5) A vehicle or other combination of any of the above,which vehicle may be a truck,a trailer,or an all-terrain vehicle. b) Seller acknowledges and agrees that it shall be the sole and exclusive responsibility of Seller to provide Auctioneer with, and Seller shall provide to Auctioneer, all of the operations, maintenance and manufacturer's manual(s) (collectively, "Manuals") for each digger derrick or aerial device to be auctioned by Auctioneer hereunder and that such responsibility shall continue in perpetuity notwithstanding Auctioneer's auction of the corresponding digger derrick or aerial device for Seller. In the event Seller does not provide all Manuals for each digger derrick or aerial device to Auctioneer, Auctioneer shall, in its own discretion, refuse to auction the associated digger derrick or aerial device until such time as the Manuals have been provided by Seller to Auctioneer. Auctioneer may notify Seller of the name and location of the successful purchaser of a digger derrick or aerial device within a reasonable time following completion of the sale. Seller hereby acknowledges its responsibilities in accordance with American National Standards Institute A92.2-2009 (including,without limitation, Section 8.7 thereof)and A10-31 in full, including, without limitation, section 8.7 thereof. Seller hereby acknowledges and agrees that failure by Seller to provide all Manuals for any digger derrick or aerial device sold at public auction hereunder shall be deemed a breach of Section 15 above for which Auctioneer shall be entitled to indemnification pursuant to Section 16 above. Signature Page Follows] 04469614.15 6 196 197 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-209- Approve the full release of surety and authorize the return of the performance bond (No. PB12270900120) to the developer (Isram Riverwalk LLC) for the project known as Riverwalk Plaza (Project No.19-2505). Requested Action: Staff recommends approval of Proposed Resolution No. R24-209. Explanation of Request: Pursuant to City Code of Ordinances Article III, Sec. B., a 110% performance bond for the Land Development Permit was collected for Riverwalk Plaza, based on the cost estimate of the duly licensed professional in the State of Florida for the paving, grading, and drainage improvements. From time to time during progress of the work the developer may request a reduction in the dollar amount of the surety on the basis of work completed, but in every case the remaining funds shall be sufficient to cover one hundred ten percent (110%) of the cost to complete the obligation. In the case of surety for required improvements associated with subdivision development, five percent (5%) of the engineer's certified cost of required improvements shall be retained for one (1) year after acceptance of such improvements by the City Commission as a guarantee against defects in workmanship and material. Surety in the form of a performance bond (PB 12270900120) in the amount of $1,823,110.39 was posted in June 2019. The surety was reduced to $673,500 in January 2021. The work was substantially completed in July 2023 and the one (1) year warranty period has expired. How will this affect city programs or services? None Fiscal Impact: None Attachments: R24-209 Agenda_Item_2072- 2023_Resolution_for_release_of_surety_and_performance_bond_return.docx 19-2505_PerformanceBond.pdf 198 RESOLUTION NO. R24-2091 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE FULL RELEASE OF SURETY AND 4 AUTHORIZING THE RETURN OF THE PERFORMANCE BOND NO. 5 PB12270900120 TO ISRAM RIVERWALK, LLC FOR THE RIVERWALK 6 PLAZA PROJECT NO.19-2505; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,pursuant to City Code of Ordinances Article III. Sec. B. a 110% performance 9 bond for the Land Development Permit was collected for Riverwalk Plaza Project No. 19-2505, 10 based on the cost estimate of the duly licensed professional in the State of Florida for the paving, 11 grading, and drainage improvements. From time to time, during the work progress, the developer 12 may request a reduction in the dollar amount of the surety based on the work completed. Still, in13 every case, the remaining funds shall be sufficient to cover one hundred ten percent (110%) of 14 the cost of completing the obligation. In the case of surety for required improvements associated 15 with subdivision development, five percent (5%) of the engineer's certified cost of required 16 improvements shall be retained for one (1) year after acceptance of such improvements by the 17 City Commission as a guarantee against defects in workmanship and material; and 18 WHEREAS, the Surety in the form of a Performance Bond, No. 12270900120, in the 19 amount of $1,823,110.39 was posted in June 2019; and20 WHEREAS, the surety was reduced to $673,500 in January 2021; and21 WHEREAS, the work was substantially completed in July 2023, and the one (1) year 22 warranty period has expired; and23 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 24 best interests of the city's citizens and residents to approve the full release of surety and authorize25 the return of the Performance Bond No. PB12270900120 to Isram Riverwalk, LLC for the Riverwalk 26 Plaza Project No.19-2505. 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.32 199 SECTION 2.The City Commission of the City of Boynton Beach, Florida, hereby approves 33 a full release of surety and authorizes the return of the Performance Bond No. PB12270900120 to 34 Isram Riverwalk, LLC for the Riverwalk Plaza Project No.19-2505.35 SECTION 3.This Resolution shall take effect in accordance with law.36 37 38 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.39 CITY OF BOYNTON BEACH, FLORIDA40 YES NO41 Mayor – Ty Penserga __________42 43 Vice Mayor – Aimee Kelley __________44 45 Commissioner – Angela Cruz __________46 47 Commissioner – Woodrow L. Hay __________48 49 Commissioner – Thomas Turkin __________50 51 VOTE ______52 ATTEST:53 54 ___________________________________________________________55 Maylee De Jesús, MPA, MMC Ty Penserga56 City Clerk Mayor57 58 APPROVED AS TO FORM:59 (Corporate Seal)60 61 _______________________________62 Shawna G. Lamb63 City Attorney64 200 201 202 203 204 205 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-210- Approving a template Facility Use Agreement for entities desiring to use City spaces for meetings, programs, and/or events. Requested Action: Staff recommends approval of Proposed Resolution No. R24-210. Explanation of Request: The City is asking to use the form for all requests moving forward on an as-needed basis for entities requesting to use City facilities for meetings, programs and/or events. How will this affect city programs or services? City programs and services will be enhanced by allowing entities an opportunity to use facility spaces, when available, to provide community-based educational programs and events. Fiscal Impact: Various entities will provide payments for use of facility accordingly, while other non-profit entities may use the facility at no cost. Attachments: R24-210_Agenda_Item_1995- 2023_Resolution_for_Art___Cultural_Center_Facility_Use_agmts.docx Exhibit A to Resolution - Arts and Culture Facility Use Template (8.26.24).docx Exhibit B to Resolution - Facility Use Agmt for Rec and Park.doc 206 RESOLUTION NO. R24-2101 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING TEMPLATE FACILITY USE AGREEMENT 4 FORMS BETWEEN THE CITY OF BOYNTON BEACH AND ENTITIES 5 DESIRING TO USE CITY SPACES IN THE ARTS & CULTURAL CENTER, 6 THE CAROLYN SIMS COMMUNITY CENTER, THE EZELL HESTER 7 COMMUNITY CENTER, BOYNTON BEACH TENNIS AND PICKLEBALL 8 CENTER, BOYNTON BEACH SENIOR CENTER, THE JOHN H. DENSON 9 POOL, AND OTHER CITY OWNED FACILITIES FOR MEETINGS, 10 PROGRAMS AND/OR EVENTS ON AN AS-NEEDED BASIS; AND FOR 11 ALL OTHER PURPOSES. 12 13 WHEREAS,the City desires to provide entities (including not-for-profits) with an 14 opportunity to use facility spaces for meetings, conduct programs and/or events; 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 Facility Use Agreement forms between 17 the City of Boynton Beach and entities desiring to use City spaces in the Arts & Cultural Center,18 the Carolyn Sims Community Center, the Ezell Hester Community Center, Boynton Beach Tennis 19 and Pickleball Center, Boynton Beach Senior Center, the John H. Denson Pool, and other City 20 Owned Facilities for meetings, programs and/or events on an as-needed basis. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 23 BEACH, FLORIDA, THAT:24 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption.26 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 27 approve Facility Use Agreement forms between the City of Boynton Beach and entities desiring 28 to use City spaces in the Arts & Cultural Center, the Carolyn Sims Community Center, the Ezell 29 Hester Community Center, Boynton Beach Tennis and Pickleball Center, Boynton Beach Senior 30 Center, the John H. Denson Pool and other City Owned Facilities for meetings, programs and/or 31 events on an as-needed basis, in form and substance similar to that attached as “Exhibit A“and32 “Exhibit B.”33 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 34 207 authorizes the Mayor to execute the Agreements and such other related documents as may be 35 necessary to accomplish the purpose of this Resolution, or, in the Mayor’s absence, the Vice 36 Mayor, or in the Vice Mayor’s absence, a Commissioner in the order of their districts.37 SECTION 4.This Resolution shall take effect in accordance with law.38 39 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.40 CITY OF BOYNTON BEACH, FLORIDA41 YES NO42 Mayor – Ty Penserga __________43 44 Vice Mayor – Aimee Kelley __________45 46 Commissioner – Angela Cruz __________47 48 Commissioner – Woodrow L. Hay __________49 50 Commissioner – Thomas Turkin __________51 52 VOTE ______53 ATTEST:54 55 ___________________________________________________________56 Maylee De Jesús, MPA, MMC Ty Penserga57 City Clerk Mayor58 59 APPROVED AS TO FORM:60 (Corporate Seal)61 62 _______________________________63 Shawna G. Lamb64 City Attorney65 208 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT FACILITY USE AGREEMENT BETWEEN _(Entity Name Here) AND THE CITY OF BOYNTON BEACH This Agreement made and entered into this ______ day of ______________________, 202_____ by and between ________________, a _______________________, with a business address of ________________________ (hereinafter referred to as Organization) and CITY OF BOYNTON BEACH, a Florida municipal corporation, organized and existing under the laws of the State of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435, (hereinafter referred to as City). The City and Organization may be referred to collectively as the Parties or individually as a Party. WITNESSETH: WHEREAS, the City owns and operates the Boynton Beach Arts and Cultural Center located at 125 E. Ocean Avenue, Boynton Beach, Florida 33435 (the City Facility”) and WHEREAS,the Organization desires to utilize the City Facility for ________________ (the “Programing”); and WHEREAS,the City desires to work with the Organization in the interest of establishing rich cultural experiences,such as concerts and programming for the entire Boynton Beach Community; WHEREAS,the City agrees to make City facilities located at the Boynton Beach Arts & Cultural Center available for use by the Organization to conduct their program activities in accordance with the terms and conditions set forth herein; and WHEREAS, the Organization agrees to host the City programming herein required for the benefit of the City and its Community. NOW, THEREFORE,in consideration of the covenants herein contained and other good and valuable considerations, the parties agree as follows: 1.Recitals.The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2.Purpose. The City's desire to support the Organization is consistent with the vision and mission of the City's Strategic Plan as approved by the City Commission, to wit: 2.1 Vision. Our vision is to be a welcoming and progressive coastal community that celebrates culture, innovation,and business development. 2.2 Mission.The City is a vibrant and sustainable community that provides exceptional services. 3.Facility Usage Dates and Times. The City agrees to provide space at the City Facility to the Organization on an as-available basis for the Programming at the dates and time outlined in “Exhibit A.” Notwithstanding the foregoing; the City reserves the right to change the dates or locations of the Programming, as may be necessary to accommodate any City-sponsored events or activities. The 209 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT Organization shall adhere to the City’s Holiday Calendar, which involves the closure of City Facilities, and shall not schedule any Programming during these dates. 4.Right to Cancel Reservation(s).The City shall make best efforts to secure the City Facility for use by the Organization at the dates and times described in Exhibit A;however,the City reserves the right to cancel any reservation by providing written notice of cancellation to the Organization a minimum of fourteen (14) calendar days prior to the scheduled event, or upon an emergency where City locations must be closed or otherwise unavailable. 5.Organization Obligations. The Organization acknowledges and agrees to be responsible for its activities and all Programming, which may include program registration, operation, communication to participants, program administration, and the printing of materials, etc. 5.1 Notwithstanding the foregoing, Programming that will take place at a City facility or location other than the Arts & Cultural Center shall be subject to the approval of the Arts & Culture Division Director or designee, and such programming shall be provided in accordance with the rules and policies of the designated City facility or location, such rules and policies shall be considered as part of this Agreement and incorporated herein by this reference. The City agrees to make the Organization aware of any such rules and policies as may be applicable. 5.2.Programming, excludes any activities scheduled or occurring prior to the execution of this Agreement. 5.3 All Programming pursuant to this Agreement shall be at the City's discretion and mutually agreed upon by the Parties as set forth in “Exhibit B", attached hereto. The Organization shall use the City Facility only to provide the Programming described in “Exhibit B.” 5.4 Compensation. The Organization agrees to pay the City for the use of the City Facility in accordance with the terms and conditions contained herein, an amount equal _____________________________________________throughout the Term of this Agreement. 5.5 The Organization shall comply with all applicable State, County, and/or City Emergency Executive Orders and Policies for the duration of the Agreement, including implementing the Centers for Disease Control and Prevention Guidelines. The Organization shall provide the City with a copy of its safety plan and COVID-19 Policy upon request. 5.6 The Organization shall provide adult instructors, volunteers, and program staff necessary to deliver the Programming. 5.7 Annually, the Organization shall provide the City with proof of its not-for-profit status, if applicable. 5.8 The Organization shall provide a list of program representative names, positions, and contact information in the format attached hereto as “Exhibit C”and shall update the City with any changes as they occur. 210 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT 5.9 The Organization shall not discriminate against any person or participant on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement when using the City Facility. 5.10 The Organization shall provide level II background screenings for all program representatives, including employees and volunteers, before allowing them to work onsite to conduct the Programming as further described in “Exhibit D.” 5.11 The Organization shall schedule an annual meeting with the Facility Supervisor to discuss the program's outcomes and shall timely communicate any changes to the agreed-upon meeting day and time with the Facility Supervisor. 5.12 The Organization shall obtain any and all facility use or special events permits required for the Programming and pay all associated fees. 5.13 The Organization will be responsible for replacing City equipment damaged by the Organization or any program participants, and will be responsible for the cost to repair or replace the damaged property, and maintain the cleanliness of the City Facility. 5.14 The Organization shall provide all equipment and supplies needed to operate the Programming at the City Facility. 5.15 The Organization shall remove all program equipment and materials from the City Facility at the end of designated sessions as scheduled.The City will not provide storage for any equipment and will not be held responsible for any of the Organization’s equipment.Notwithstanding the foregoing, the City may permit the Organization to store certain equipment in the City Facility; however, such storage shall be at the discretion of the City and must be approved in writing prior to storing the equipment on site. The City shall not be held responsible in any way for damage, loss, destruction,and/or theft of the Organization’s equipment stored at the City Facility. The Organization shall indemnify and hold the City, its agents, employees, and public officials harmless from any claims arising from the storage of the Organization’s equipment at the City Facility. 5.16 The Organization acknowledges and agrees that it will not alter or remove any property belonging to the City without the prior written permission of the designated City official. 6. City Obligations. 6.1 The City will assist with the marketing and promotion of the Programming as more particularly described in “Exhibit E.” 6.2 The City agrees to make the City Facility available to the Organization at the dates and times described in “Exhibit A.” 211 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT 6.3 The City has the authority to make changes to the use of approved space. 6.4 The City will determine the specific space to be utilized at the City Facility. 6.5 The City shall not relinquish the right to control the management of the City Facility during the term of the Agreement and will enforce all necessary rules, policies, and procedures established by the City of Boynton Beach. 6.6 City staff may, at their discretion, observe and monitor the actions of the Organization during scheduled Programming. 6.7 The City will not be held liable for royalties, fees, taxes, or other costs incurred by the Organization arising from the Programming. 6.8 The City has the authority to evacuate the City Facility during Programming when deemed necessary for the safety of the public, patrons, and guests. 6.10 The City reserves the right, through its representatives, agents, and police, to eject any objectionable person/persons from the City Facility, and upon the exercise of this authority, the Organization hereby waives any right and all claims for damages against the City. 7. Term and Termination. 7.1 Term.The term of the Agreement shall begin ______________ ______, 202____ and expire on______________ ______, 202___. The Parties hereto may renew the Agreement in a subsequent amendment signed by the Parties hereto. 7.2 Termination for Convenience.Either Party may terminate this Agreement for convenience by providing the non-terminating Party thirty (30) calendar days written notice of termination. In the event of termination for convenience, the Organization shall receive a refund of compensation based on a pro-rata basis corresponding with the Programming that will no longer occur; such refund shall be at the sole discretion of the City. 7.3 Termination for Cause.The City may terminate this Agreement for cause effective immediately upon occurrence of one of the following: 7.3.1 The Organization’s discourteous actions/behavior towards patrons, participants, parents, and/or staff. 7.3.2 The Organization’s failure to cooperate with City staff. 7.3.3 Actions that bring negative publicity to the City of Boynton Beach. 7.3.4 Illegal Activities of the Organization. 212 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT 7.3.5 Consumption or possession of tobacco, alcoholic beverages, or illegal substances at the City Facility or on any City of Boynton Beach property. 7.3.6 Failure to comply with the public records requirements set forth in Section 119.0701, Florida Statutes 7.3.7 Assignment of Agreement without prior written consent from the City. 7.3.8 Failure to provide the City with a current copy of insurance that covers the Organization’s Programming. 7.3.9 Failure to comply with any of the terms or conditions set forth herein. 8. Safety. The Organization shall adhere to all health and safety wellness guidelines established by the City or any state, federal, or local agency during the Programming. 9. Independent Contractor. The Organization is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In utilizing the City Facility, neither Organization nor its agents shall act as officers, employees, or agents of City. Organization shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. 10. Indemnification. The Organization shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate contractors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Organization’s performance or breach of this Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Organization, its agents, employees, subcontractors, participants, and volunteers, and (C) Organization’s failure to take out and maintain the insurance required by this Agreement. The Organization shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of expiration or termination of this Agreement. 11. 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 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. 12. Amendment.This Agreement may be supplemented or amended only by a written amendment executed by the Parties hereto. 13. Insurance. The Organization shall provide proof of Liability Insurance for $1,000.000, listing the City 213 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT of Boynton Beach as an Additional Insured and the Certificate Holder. The Organization shall provide the City’s Risk Manager with the Certificates of Insurance required under this section before beginning performance under this Agreement. The Organization will retain all necessary insurance in force throughout the term of this Agreement. 14. Public Records. The City is a public agency subject to Chapter 119, Florida Statutes. If applicable, the Organization shall comply with the requirements of Chapter 119, Florida Statutes, with respect to any documents, papers, and records made or received by Organization in connection with this Agreement. If the Organization has questions regarding the application of Chapter 119, Florida statutes, to the Organization's duty to provide public records relating to this Agreement, contact the custodian of public records, City Clerk's Office, 100 East Ocean Avenue, Boynton Beach, Florida 33435, 561-742-6060, CityClerk@bbfl.us. 15. Notice. Whenever any Party desires to give notice unto any other Party, it must be provided by written notice, sent by certified mail, with return receipt requested, addressed to the Party for whom it is intended and the remaining Party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present,the Parties designate the following as the respective places for giving notice: City:Dan Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6000 Copy To:City Attorney City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742 -6050 Organization:__________________________ __________________________ __________________________ __________________________ __________________________ 16. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida as now and hereafter in force. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION 214 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT RELATED TO THIS AGREEMENT. 17. Force Majeure.If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, “Force Majeure Event”), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to prevent and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such inability to perform due to the Force Majeure Event exceeds sixty (60) consecutive days, the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. 18.Regulatory Capacity.Notwithstanding the fact that the City is a municipal corporation with certain regulatory authority, the City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If the City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to the City’s regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to the City as a Party to this Agreement. 19. Binding Authority.Each person signing this Agreement on behalf of either Party individually warrants that they have the full legal power to execute the Agreement on behalf of the Party for whom they are signing and to bind and obligate such Party with respect to all provisions contained in this Agreement. 20.Attorney's Fees.In the event that either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 21.Counterparts and Execution.The Agreement may be executed by electronic signature or by hand, in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of the Agreement by the Parties shall be legally binding, valid,and effective upon delivery of the executed documents to the other Party through facsimile transmission, email, or other electronic delivery. 22. Compliance with Laws.The Organization hereby warrants and agrees that at all times material to the Agreement, the Organization shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including the Americans with Disabilities Act,42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and Section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 23.Severability.If any provision of this Agreement or its application to any person or situation shall be held invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or 215 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT unenforceable shall not be affected thereby and shall continue in full force and effect and be enforced to the fullest extent permitted by law. 24.Third-Party Beneficiaries.Neither Organization nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 25.Entities of Foreign Concern.This section shall apply if the Organization or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Accordingly, Organization represents and certifies: (i) Organization 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 Organization; and (iii) Organization 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 or the date that Organization or its subcontractor will have access to personal identifying information under this Agreement, Organization 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. 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. 26.Anti-Human Trafficking. On or before the Effective Date of the Agreement, the Organization shall provide the City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 27.Verification of Employment Eligibility.The Organization represents that Organization and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If the Organization violates this section,the City may immediately terminate this Agreement for cause, and the Organization shall be liable for all costs incurred by the City due to the termination. 28.Discriminatory Vendor and Scrutinized Companies Lists; Countries of Concern. The Organization represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. The Organization represents and certifies that it is not, and for the duration of the term, will not be, ineligible to contract with the City on any of the grounds stated in Section 287.135, Florida Statutes. The Organization represents that it is, and for the duration of the term will remain, in compliance with Section 286.101, Florida Statutes. 29.Prior Agreements.This Agreement represents the final and complete understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Agreement are contained herein. 216 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above: ATTEST: CITY OF BOYNTON BEACH __________________________ Maylee DeJesus,BY:____________________________ CITY CLERK Ty Penserga, Mayor DATE: __________________________ APPROVED AS TO FORM:Organization: ________________________________ _________________________ CITY ATTORNEY BY_____________________________ TITLE:__________________________ 217 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT EXHIBIT A FACILITY USE DATES, TIMES, AND AUTHORIZED SPACE 218 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT EXHIBIT B PROGRAMMING DESCRIPTION 219 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT EXHIBIT C LIST OF ORGANIZATION REPRESENTATIVES AND TITLES Name Title __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 220 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT EXHIBIT D BACKGROUND SCREENING ACKNOWLEDGEMENT Organization through the undersigned named below, hereby attests that Organization understands and agrees to comply with the Level II background screening requirements more particularly described in Section 435.04, Florida Statues. Organization acknowledges and agrees no person other than those who have successfully passed all aspects of the Florida Department of Law Enforcement Level II background screening process within the previous five (5) years shall be permitted to act on behalf of or in any official capacity for Organization for the use of the City Facility during the term of Agreement. Organization acknowledges and agrees that it is responsible for ensuring that all instructors, teachers, staff, volunteers, and agents of Organization successfully complete and pass the Level II background screening before all authorized activities. City shall not be responsible for the cost associated with the Level II background screening required herein. Organization agrees to indemnify City against any claims, causes of action, or damages arising from or related to Organization’s failure to ensure all individuals acting on behalf of or in any official capacity Organization have completed and passed the required Level II background screening as required herein. ORGANIZATION: Signature __________________________________________Date __________________ Name (Print) ________________________________________ Phone Number _______________________________________ Email _____________________________________________ STATE OF FLORIDA COUNTY OF ______________________ The foregoing instrument was acknowledged before me by means of ___ physical presence or___ online notarization this day of _____________________________, 202__ by __________________ as ______________________________________ of _______________________________. (NOTARY SEAL)_____________________________________ (SIGNATURE OF Notary Public-State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally known ______ OR Produced Identification _______________________ Type of Identification Produces 221 CITY OF BOYNTON BEACH ARTS & CULTURE DEPARTMENT EXHIBIT E MARKETING AND PROMOTION OF THE PROGRAMMING 222 Facility Use Agreement Template (SRW 8.7.24)1 CITY OF BOYNTON BEACH RECREATION & PARKS DEPARTMENT FACILITY USE AGREEMENT WITH _________________________________ This Agreement made and entered into this ______ day of ______________________, 202_____ by and between ________________,a _______________________, with a business address of ________________________ (hereinafter referred to as Organization) and CITY OF BOYNTON BEACH, a Florida municipal corporation, organized and existing under the laws of the State of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435, (hereinafter referred to as City). The City and Organization may be referred to collectively as the Parties or individually as a Party. WITNESSETH WHEREAS,the City owns and operates the Carolyn Sims Community Center located at 225 NW 12th Avenue, Boynton Beach, FL 33435 (the “City Facility”); and WHEREAS,Organization desires to utilize the City Facility for ________________ (the “Programing”); and WHEREAS,the City agrees to make the City Facility available to the Organization for use in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable considerations, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated into this agreement. 2. Facility Usage Dates and Times. The City agrees to provide space at the City Facility to the Organization on an as-available basis for the Programming at the dates and time outlined in Exhibit A. Notwithstanding the foregoing; the City reserves the right to change the location of Programming, as may be necessary to accommodate any City-sponsored events or activities. Organization shall adhere to the City’s Holiday Calendar, which involves the closure of City Facilities, and shall not schedule any Programming during these dates. 3. Right to Cancel Reservation.The City shall make its best efforts to secure the City Facility for use by Organization at the dates and times described in Exhibit A; however, the City reserves the right to cancel any reservation ten (10) days before the scheduled use or upon an emergency where City locations must be closed or otherwise unavailable. 4. Organization Obligations. Organization shall use the City Facility only to provide the Programming described in Exhibit B. 223 Facility Use Agreement Template (SRW 8.7.24)2 Organization shall provide adult instructors, volunteers, and program staff necessary to deliver the Programming. Annually, the Organization shall provide the City with proof of its not-for-profit status. Organization shall provide a list of program representative names, positions, and contact information in the format attached hereto as Exhibit C and shall update the City with any changes as they occur. Organization shall not discriminate against any person or participant on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement when using the City Facility. Organization shall provide level II background screenings for all program representatives, including employees and volunteers, before allowing them to work onsite to conduct the Programming as further described in Exhibit D. Organization shall schedule an annual meeting with the Facility Supervisor to discuss the program's outcomes, and shall timely communicate any changes to the agreed-upon meeting day and time with the Facility Supervisor. Organization shall provide all equipment and supplies needed to operate the Programming at the City Facility. Organization shall obtain any and all facility use or special events permits required for the Programming and pay all associated fees. Organization is responsible for replacing City equipment damaged by the Organization or any program participants, and will be responsible for the cost to repair or replace of each item. Organization shall comply with all applicable State, County, and/or City Emergency Executive Orders and Policies for the duration of the Agreement, including implementing the Centers for Disease Control and Prevention Guidelines. The Organization shall provide the City with a copy of its safety plan and COVID-19 Policy upon request. Organization shall remove all program equipment and materials from the City Facility at the end of each day of use unless authorized by the Facility Supervisor. 5. City Rights and Obligations. City agrees to make the City Facility available to Organization at the dates and times described in Exhibit A. The City has the authority to make changes to the use of approved space. The City will determine the specific space to be utilized at the City Facility. The City shall not relinquish the right to control the management of the City Facility during the term of the Agreement and will enforce all necessary rules, policies, and procedures established by the City of Boynton Beach. City staff may, at their discretion, observe and monitor the actions of the Organization during scheduled Programming. City has the authority to evacuate the City Facility during Programming when deemed necessary for the safety of the public, patrons, and guests. The City reserves the right, through its representatives, agents, and police, to eject any objectionable person/persons from the City Facility, and upon the exercise of this authority, the Organization hereby waives any right and all claims for damages against the City. 224 Facility Use Agreement Template (SRW 8.7.24)3 6. Agreement Term. This Agreement shall be in effect for one year, commencing October 1, 2024, through September 30, 2025. The Parties may renew this Agreement on an annual basis upon the execution of a written amendment duly executed by the Parties. 7. Safety. Organization shall adhere to all health and safety wellness guidelines established by the City or any state, federal, or local agency during the Programming. 8. Independent Contractor. Organization is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In utilizing the City Facility, neither Organization nor its agents shall act as officers, employees, or agents of City. Organization shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. 9. Agreement Termination. 9.1 Termination for Convenience. Either Party may terminate this Agreement for convenience by providing the non-terminating Party thirty (30) calendar days written notice of termination. 9.2 Termination for Cause.The City may terminate this Agreement for cause effective immediately upon the occurrence of one of the following: Organization’s discourteous actions/behavior towards patrons, participants, parents, or staff. Organization’s failure to cooperate with Recreation and Parks Department staff. Actions that bring negative publicity to the City of Boynton Beach. Illegal activities of the Organization. Failure to comply with the public records requirements set forth in section 119.0701, Florida Statutes Consumption or possession of tobacco or illegal substances on City Facility property. Assignment of this Agreement without prior written consent of the City. Failure to provide the City with a current copy of insurance that covers the Organization’s Programming. 10. Indemnification. Organization shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate contractors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Organization’s performance or breach of this Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Organization, its agents, employees, subcontractors, participants, and volunteers, and (C) Organization’s failure to take out and maintain the insurance required by this Agreement. Organization shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of expiration or termination of this Agreement. 225 Facility Use Agreement Template (SRW 8.7.24)4 11. 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 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. 12. Insurance. Organization shall provide proof of Liability Insurance for 1,000.000, listing the City of Boynton Beach as an Additional Insured and the Certificate Holder. Organization shall provide the City’s Risk Manager with the Certificates of Insurance required under this section before beginning performance under this Agreement. Organization will retain all necessary insurance in force throughout the term of this Agreement. 13. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida as now and hereafter in force. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 14. Force Majeure. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, “Force Majeure Event”), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to prevent and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such inability to perform due to the Force Majeure Event exceeds sixty (60) consecutive days, the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. 15. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If the City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to the City’s regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to the City as a Party to this Agreement. 16. Binding Authority.Each person signing this Agreement on behalf of either Party individually warrants that they have the full legal power to execute the Agreement on behalf of the Party for whom they are signing and to bind and obligate such Party with respect to all provisions contained in this Agreement. 17. Attorney's Fees. If either Party sues to enforce this Agreement, each Party shall bear its own attorney's fees and court costs. 226 Facility Use Agreement Template (SRW 8.7.24)5 18. Counterparts and Execution. This Agreement may be executed by electronic signature or by hand, in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of the Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other Party through facsimile transmission, email, or other electronic delivery. 19. Compliance with Laws. Organization hereby warrants and agrees that at all times material to the Agreement, Organization shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including the Americans with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and Section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 20. Severability.If any provision of this Agreement or its application to any person or situation shall be held invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect and be enforced to the fullest extent permitted by law. 21. Public Records. The City is a public agency subject to Chapter 119, Florida Statutes. If applicable, the Organization shall comply with the requirements of Chapter 119, Florida Statutes, with respect to any documents, papers, and records made or received by Organization in connection with this Agreement. If the Organization has questions regarding the application of Chapter 119, Florida statutes, to the Organization's duty to provide public records relating to this Agreement, contact the custodian of public records, City Clerk's Office, 100 East Ocean Avenue, Boynton Beach, Florida 33435, 561-742-6060, CityClerk@bbfl.us. 22. Notice. Whenever any Party desires to give notice unto any other Party, it must be provided by written notice, sent by certified mail, with return receipt requested, addressed to the Party for whom it is intended and the remaining Party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Parties designate the following as the respective places for giving notice: City:Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6000 Copy To:Shawna Lamb, City Attorney City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6053 Organization:_______________________ _______________________ 227 Facility Use Agreement Template (SRW 8.7.24)6 _______________________ Phone Number: (561) ________ 23. Third-Party Beneficiaries. Neither Organization nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 24. Entities of Foreign Concern. This section shall apply if Organization or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Accordingly, Organization represents and certifies: (i) Organization 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 Organization; and (iii) Organization 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 or the date that Organization or its subcontractor will have access to personal identifying information under this Agreement, Organization 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. 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. 25. Anti-Human Trafficking. On or before the Effective Date of the Agreement, Organization shall provide City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 26. Verification of Employment Eligibility. Organization represents that Organization and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Organization violates this section, City may immediately terminate this Agreement for cause, and Organization shall be liable for all costs incurred by City due to the termination. 27. Discriminatory Vendor and Scrutinized Companies Lists; Countries of Concern. Organization represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Organization represents and certifies that it is not, and for the duration of the term, will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Organization represents that it is, and for the duration of the term will remain, in compliance with Section 286.101, Florida Statutes. 28. Prior Agreements. This Agreement represents the final and complete understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Agreement are contained herein. 228 Facility Use Agreement Template (SRW 8.7.24)7 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above: ATTEST:CITY: City of Boynton Beach, Florida ______________________________________________________________________________ Maylee DeJesus, City Clerk By: Ty Penserga, Mayor APPROVED AS TO FORM:ORGANIZATION: ___________________________________________By: ____________________________________ Shawna Lamb, City Attorney Title: __________________________________ Date: __________________________________ 229 Facility Use Agreement Template (SRW 8.7.24)8 EXHIBIT A FACILITY USE DATES, TIMES, AND AUTHORIZED SPACE 230 Facility Use Agreement Template (SRW 8.7.24)9 EXHIBIT B PROGRAMMING DESCRIPTION 231 Facility Use Agreement Template (SRW 8.7.24)10 EXHIBIT C LIST OF ORGANIZATION REPRESENTATIVES AND TITLES Name Title __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 232 Facility Use Agreement Template (SRW 8.7.24)11 EXHIBIT D BACKGROUND SCREENING ACKNOWLEDGEMENT Organization through the undersigned named below, hereby attests that Organization understands and agrees to comply with the Level II background screening requirements more particularly described in Section 435.04, Florida Statues. Organization acknowledges and agrees no person other than those who have successfully passed all aspects of the Florida Department of Law Enforcement Level II background screening process within the previous five (5) years shall be permitted to act on behalf of or in any official capacity for Organization for the use of the City Facility during the term of Agreement. Organization acknowledges and agrees that it is responsible for ensuring that all instructors, teachers, staff, volunteers, and agents of Organization successfully complete and pass the Level II background screening before all authorized activities. City shall not be responsible for the cost associated with the Level II background screening required herein. Organization agrees to indemnify City against any claims, causes of action, or damages arising from or related to Organization’s failure to ensure all individuals acting on behalf of or in any official capacity Organization have completed and passed the required Level II background screening as required herein. ORGANIZATION: Signature __________________________________________Date __________________ Name (Print) ________________________________________ Phone Number _______________________________________ Email _____________________________________________ STATE OF FLORIDA COUNTY OF ______________________ The foregoing instrument was acknowledged before me by means of ___ physical presence or___ online notarization this day of _____________________________, 202__ by __________________ as ______________________________________ of _______________________________. (NOTARY SEAL)_____________________________________ (SIGNATURE OF Notary Public-State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally known ______ OR Produced Identification _______________________ Type of Identification Produces 233 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-211- Approve the renewal of insurance policies for flood insurance coverage with Wright Flood for the policies with effective dates of September 24, 2024, and September 27, 2024. Requested Action: Staff recommends approval of Proposed Resolution No. R24-211. Explanation of Request: This will renew insurance coverage with Wright Flood for three locations. City staff recommends a renewal policy that increases the City's Building and Content limits to allow for room for minor changes and upgrades during the policy year. How will this affect city programs or services? Wright Flood is the current insurance carrier the City elected for Flood coverage. Approval of this item will allow the City to continue coverage for another policy year. Fiscal Impact: Total cost: $6,828 Attachments: R24-211 Agenda_Item_2089-2023_Resolution_for_Wright_Flood_Insurance.docx 2024-08-08 - Boynton Beach - Flood - Fall Renewal Evaluation.pdf 234 RESOLUTION NO. R24-2111 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, APPROVING THE RENEWAL OF 4 INSURANCE POLICIES FOR FLOOD INSURANCE COVERAGE 5 WITH WRIGHT FLOOD FOR THE POLICIES WITH EFFECTIVE 6 DATES OF SEPTEMBER 24, 2024, AND SEPTEMBER 27, 2024.; 7 AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, Wright Flood is the City's insurance provider for Flood insurance; and10 WHEREAS, City staff recommends renewal of the policy with increases to the City's 11 Building and Content limits to allow for room for minor changes and upgrades during the policy 12 year; and13 WHEREAS, the Risk Division requests to renew the insurance coverage with Wright Flood 14 for three locations; 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 Flood insurance 17 coverage with Wright Flood for policies effective September 24, 2024, and September 27, 2024. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 20 BEACH, FLORIDA, THAT:21 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption.23 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 24 approve the renewal of insurance policies for Flood insurance coverage with Wright Flood for the 25 policies with effective dates of September 24, 2024, and September 27, 2024, as further described 26 in “Exhibit A.“27 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 28 authorizes the Mayor to execute any ancillary documents as may be necessary to accomplish the 29 purpose of this Resolution.30 SECTION 4.This Resolution shall take effect in accordance with law.31 32 235 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.33 CITY OF BOYNTON BEACH, FLORIDA34 YES NO35 Mayor – Ty Penserga __________36 37 Vice Mayor – Aimee Kelley __________38 39 Commissioner – Angela Cruz __________40 41 Commissioner – Woodrow L. Hay __________42 43 Commissioner – Thomas Turkin __________44 45 VOTE ______46 ATTEST:47 48 ___________________________________________________________49 Maylee De Jesús, MPA, MMC Ty Penserga50 City Clerk Mayor51 52 APPROVED AS TO FORM:53 (Corporate Seal)54 55 _______________________________56 Shawna G. Lamb57 City Attorney58 236 City of Boynton BeachFlood PoliciesFall Policies - Renewal Evaluation SummaryFY 2025PY 2024-2025Building NameAddress Eff Date Policy #Insurance CarrierDeductibleBuilding LimitContent LimitCurrent PremiumDeductibleBuilding LimitContent LimitRenewal PremiumBoat Ramp Park - Clubhouse2010 N Federal Hwy 9/24/2024 09 1151129066 Wright $1,250 $280,000 $17,000 $2,695 $1,250$308,000$18,000$2,852Boat Ramp Park Restroom Building 2010 N Federal Hwy 9/27/2024 09 1151129067 Wright $1,250 $229,000 $0 $2,966 $1,250$252,000$0$3,019Congress Ave Racquet Club3111 S Congress Ave 9/27/2024 09 1151129068 Wright $1,250 $424,000 $45,000 $928 $1,250$467,000$48,000$957Total Annual Premium$6,589$6,828$ Increase / DecreaseN/A$239% Increase / DecreaseN/A3.6%Option BCurrent237 City of Boynton Beach Agenda Item Request Form 6.G Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-212- Amend the location from Ocean Avenue to Little League Park- Field 3 for the Energy Efficiency and Conservation Block Grant in the amount of $134,990 offered by the Department of Energy. Requested Action: Staff recommends approval of Proposed Resolution No. R24-212. Explanation of Request: On May 07, 2024, the City Commission approved Resolution R24- 092 ratifying the City's application for the Energy Efficiency and Conservation Grant Program. The project approved was to support the retrofit of the street lighting to LED in Ocean Avenue and surrounding areas. The Public Works Department is requesting that the location be amended and the project relocated to retrofit the existing metal halide sports lighting to a new LED lighting system in Little League Park Field No. 3. The estimated project cost is $160,000. The City of Boynton Beach is requesting grant funding in the amount of $134,990 with an estimated leverage of $25,010. The program guidelines and application were provided in March 2023, and the application period is due on October 31, 2024. How will this affect city programs or services? The City of Boynton Beach is committed to the well-being and protection of its residents and finds it imperative to provide safety. The project will provide lighting to our residents at Little League Park Field No. 3. Fiscal Impact: This is a granted project. The Energy Efficiency and Conservation Block Grant offered by the Department of Energy is expected to fund up to $134,990 of the estimated $160,000 total project Attachments: R24-212 Agenda_Item_2086-2023_Resolution_for_Amending_grant_location.docx Attachment 1 - EECBG Eligible Activities and Program Guidance R24-092 238 RESOLUTION NO. R24-2121 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AMENDING THE LOCATION FROM OCEAN AVENUE 4 TO LITTLE LEAGUE PARK- FIELD 3 FOR THE DEPARTMENT OF 5 ENERGY’S ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT; 6 AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,on May 7, 2024, the City Commission approved Resolution R24-092, ratifying 9 the City's application for the Energy Efficiency and Conservation Grant Program; and10 WHEREAS, the project approved was to support the retrofit of the street lighting to LED 11 in Ocean Avenue and surrounding areas; and12 WHEREAS, the Public Works Department is requesting to amend the location and change 13 the location of the project to retrofit the existing metal halide sports lighting to a new LED lighting 14 system in the Little League Park Field No. 3; and15 WHEREAS, the estimated project cost is $160,000, and the City is requesting grant funding 16 for $134,990 with an estimated leverage of $25,010; and 17 WHEREAS, the program guidelines and application were provided in March 2023, and the 18 application period is due on October 31, 2024; and 19 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 amending the location from Ocean 21 Avenue to Little League Park- Field 3 for the Department of Energy’s Energy Efficiency and 22 Conservation Block Grant. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 25 BEACH, FLORIDA, THAT:26 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption.28 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 29 approve amending the location from Ocean Avenue to Little League Park- Field 3 for the 30 Department of Energy’s Energy Efficiency and Conservation Block Grant. 31 SECTION 3.This Resolution shall take effect in accordance with law.32 239 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.33 CITY OF BOYNTON BEACH, FLORIDA34 YES NO35 Mayor – Ty Penserga __________36 37 Vice Mayor – Aimee Kelley __________38 39 Commissioner – Angela Cruz __________40 41 Commissioner – Woodrow L. Hay __________42 43 Commissioner – Thomas Turkin __________44 45 VOTE ______46 ATTEST:47 48 ___________________________________________________________49 Maylee De Jesús, MPA, MMC Ty Penserga50 City Clerk Mayor51 52 APPROVED AS TO FORM:53 (Corporate Seal)54 55 _______________________________56 Shawna G. Lamb57 City Attorney58 240 EECBG PROGRAM NOTICE 23-01 EFFECTIVE DATE: April 25, 2023 SUBJECT: GUIDANCE FOR ELIGIBILITY OF ACTIVITIES UNDER THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM Contents PURPOSE .......................................................................................................................................2 SCOPE ............................................................................................................................................2 LEGAL AUTHORITY AND BACKGROUND ...........................................................................................2 GUIDANCE .....................................................................................................................................2 ELIGIBLE ACTIVITY CATEGORIES ......................................................................................................6 Category (1) Strategy Development and Implementation ................................................................7 Category (2) Retaining Technical Consulting Services .......................................................................8 Category (3) Residential and Commercial Building Audits .............................................................. 10 Category (4) Financial Incentives for Energy Efficiency ................................................................... 12 Category (5) Energy Efficiency Retrofit Grants for Government Agencies and Nonprofit Organizations ............................................................................................................................... 14 Category (6) Energy Efficiency and Conservation Programs for Buildings and Facilities ................... 16 Category (7) Conservation of Transportation Energy ..................................................................... 18 Category (8) Building Codes and Inspection Services ...................................................................... 20 Category (9) Energy Distribution Technologies .............................................................................. 22 Category (10) Material Conservation Programs ............................................................................. 24 Category (11) Reduction, Capture, and Use of Landfill Gases ......................................................... 25 Category (12) Replacement of Traffic Signals and Street Lighting ................................................... 26 Category (13) On-site Renewable Energy On or In a Government Building ..................................... 28 Category (14) Programs for Financing, Purchasing, and Installing Energy Efficiency, Renewable Energy, and Zero-emission Transportation (and associated infrastructure) Measures and Capital Investments, Projects, and Programs for Leveraging Public and Private Sector Funds ..................... 30 LIMITATIONS ON THE USE OF EECBG PROGRAM FUNDS ................................................................ 33 241 Page | 2 PURPOSE To provide guidance on the eligibility of activities under the Department of Energy’s (DOE) Energy Efficiency and Conservation Block Grant (EECBG) Program. SCOPE The provisions of this guidance apply to recipients of Infrastructure Investment and Jobs Act (IIJA) and American Recovery and Reinvestment Act (ARRA) EECBG Program funds. LEGAL AUTHORITY AND BACKGROUND The EECBG Program is authorized under Title V, Subtitle E of the Energy Independence and Security Act of 2007 (EISA), as amended,1 and signed into Public Law (PL 110-140) on December 19, 2007. All awards made under this program shall comply with applicable laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200 and 2 CFR Part 910 and Section 40552 of IIJA. GUIDANCE The purpose of the EECBG Program is to assist eligible state, local, and tribal governments (collectively referred to as “eligible entities”) in implementing strategies to: • Reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practicable, maximizes benefits for local and regional communities; • Reduce the total energy use of the eligible entities; • Improve energy efficiency in the transportation sector, the building sector, and other appropriate sectors;2 • Build a clean and equitable energy economy that prioritizes disadvantaged communities and promotes equity and inclusion in workforce opportunities and deployment activities, consistent with the Justice40 Initiative. These stated purposes describe the overall intent of the EECBG Program. Entities may develop various programs and projects that address one or more of the purposes and each activity an entity undertakes is not required to meet all the stated purposes. Entities may choose from a range of eligible activities, as defined in Section 544 of EISA 3 as amended by Section 40552(a) of the IIJA (Public Law 117-58). DOE updated this guidance from the version issued in 2011 (EECBG Program Notice 10-021) to reflect the changes Congress made to EISA when it signed IJJA into law. This updated version provides guidance to EECBG Program grantees regarding the types of eligible activities that are considered allowable use of funds under one or more of the 14 eligible activity categories for the EECBG Program.4 Recipients of EECBG Program grants (including entities receiving sub-grants) or vouchers can use this guidance to determine eligible activities that support EECBG Program goals and implementation strategies. The 1 42 U.S.C. 17151 et seq. 2 42 U.S.C. 17152(b). 3 42 U.S.C. 17154 4 This guidance only addresses categories 1-14 outlined in Section 544 of EISA. Category 15 is defined in law as “any other appropriate activity, as determined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Transportation, and the Secretary of Housing and Urban Development.” 242 Page | 3 guidance also identifies activities that are prohibited or where limitations on use of funds exist, as established by the EECBG statute or determined by DOE. This guidance is not intended to be exhaustive. If an eligible entity has a question regarding the eligibility of a specific activity, the eligible entity should contact the EECBG Program at eecbg@hq.doe.gov or their Project Officer. In general, the overall objective of each eligible activity should be the attainment of, or the plan to attain, increased energy efficiency and conservation, or fossil fuel reduction. These activities should bear in mind an equitable distribution of community investment and projects serving disadvantaged communities, in line with the Justice40 Initiative. Projects related to regular maintenance or repairs are not eligible. Eligible entities may apply their funds to one or more projects, as long as each project falls within one of the 14 categories of eligible uses of funds. Equity and Environmental Justice Per President Biden’s Executive Order 14008, the Federal Government has established the goal that 40 percent of the overall benefits of certain Federal investments flow to disadvantaged communities 5 (“DACs”).6 This government-wide effort is called the Justice40 Initiative. The EECBG Program is a Justice40-covered program and thus contributes to the goal that 40 percent of the overall benefits of federal investments in clean energy and climate solutions flow to DACs. DOE has released General Guidance on Justice40 Implementation designed to help eligible entities and other interested parties incorporate Justice40 Initiative goals into DOE-funded projects.7 DOE has identified the following benefits that can flow to DACs as a result of EECBG Program funding. Specifically, benefits include, but are not limited to measurable direct or indirect or positive project outcomes that achieve or contribute to the following in DACs: 1) a decrease in energy burden; 2) a decrease in environmental exposure and burdens; 3) an increase in access to low-cost capital; 4) an increase in job creation, the clean energy job pipeline, and job training for individuals; 5) increases in clean energy enterprise creation and contracting (e.g., minority-owned or disadvantaged business enterprises); 6) increases in energy democracy, including community ownership; 7) increased parity in clean energy technology access and adoption; and 8) an increase in energy resilience. 5 Also referred to as underserved, overburdened, and frontline communities. 6 Pursuant to Executive Order (EO) 14008, “Tackling the Climate Crisis at Home and Abroad,” January 27, 2021, and the Office of Management and Budget’s Interim Justice40 Implementation Guidance M-21-28, DOE recognizes DACs as defined and identified by the White House Council of Environmental Quality’s Climate and Economic Justice Screening Tool (CEJST), which can be located at https://screeningtool.geoplatform.gov/. 7 Final DOE Justice40 General Guidance 072522.pdf (energy.gov) 243 Page | 4 Further, the EECBG Program encourages eligible entities to include the participation of underserved communities8 and underrepresented groups in the activities they undertake with EECBG Program funds. EECBG Program eligible entities are highly encouraged to include contractors and sub-contractors from historically underrepresented groups9,10 in their project scoping. Further, Minority Serving Institutions,11 Minority Business Enterprises, Minority Owned Businesses, Woman Owned Businesses, Veteran Owned Businesses, or entities located in an underserved community that meet EECBG Program eligibility requirements are encouraged to be considered as sub-recipients for proposed EECBG Program-funded projects. Blueprints and Technical Assistance DOE has developed or identified resources to assist EECBG Program recipients with development of their energy efficiency and conservation strategies and project implementation plans, including Blueprints and Technical Assistance available from the EECBG Program and other DOE programs. These resources are intended to supplement the award funding received through either a formula or competitive award from DOE. Blueprints are step-by-step roadmaps of energy project and programs that guide EECBG Program entities to success. While not an exclusive list, the blueprints highlight a select number high-impact projects and programs based on proven practices that entities can choose to follow. Though entities may use their EECBG Program funds for a wide array of energy-related activities, those that choose to spend their EECBG Program funds exclusively on “key activities” listed in the blueprints should expect a streamlined and expedited application review because these key activities fall within eligible uses of EECBG Program funds, and most of the blueprint activities are covered by NEPA Statements of Work. 8 The Office of Management and Budget Interim Implementation Guidance for Justice40 defines a disadvantaged community as either: (1) a group of individuals living in geographic proximity (such as census tract), or (2) a geographically dispersed set of individuals (such as migrant workers or Native Americans), where either type of group experiences common conditions. 9 According to the National Science Foundation’s 2019 report titled, “Women, Minorities and Persons with Disabilities in Science and Engineering”, women, persons with disabilities, and underrepresented minority groups— blacks or African Americans, Hispanics or Latinos, and American Indians or Alaska Natives—are vastly underrepresented in the STEM (science, technology, engineering, and math) fields that drive the energy sector. For example, in the U.S., Hispanics, African Americans and American Indians or Alaska Natives make up 24 percent of the overall workforce, yet only account for 9 percent of the country’s science and engineering workforce. DOE seeks to inspire underrepresented Americans to pursue careers in energy and support their advancement into leadership positions. https://www.energy.gov/articles/introducing-minorities-energy-initiative 10 Note that Congress recognized in section 305 of the American Innovation and Competitiveness Act of 2017, Public Law 114-329: “[I]t is critical to our Nation’s economic leadership and global competitiveness that the United States educate, train, and retain more scientists, engineers, and computer scientists; (2) there is currently a disconnect between the availability of and growing demand for STEM-skilled workers; (3) historically, underrepresented populations are the largest untapped STEM talent pools in the United States; and (4) given the shifting demographic landscape, the United States should encourage full participation of individuals from underrepresented populations in STEM fields.” 11 Minority Serving Institutions (MSIs), including Historically Black Colleges and Universities/Other Minority Institutions as educational entities recognized by the Office of Civil Rights (OCR), U.S. Department of Education, and identified on the OCR's Department of Education U.S. accredited postsecondary minorities’ institution list. 244 Page | 5 The blueprints span a wide variety of topic areas: energy planning, energy efficiency, renewable energy, transportation infrastructure, workforce development, and financing. For more information, see the Blueprints webpage. Blueprint Topics:12 • Blueprint 1. Energy Planning • Blueprint 2A. Energy Efficiency - Energy Audits and Building Upgrades • Blueprint 2B: Energy Efficiency and Electrification in Buildings - Energy Savings Performance Contracts: • Blueprint 2C: Building Efficiency & Electrification Campaign • Blueprint 2D: Building Performance Standards & Stretch Codes • Blueprint 3A: Solar + Storage Power Purchase Agreements and Direct Ownership • Blueprint 3B: Community Solar • Blueprint 3C: Solarize Campaign • Blueprint 3D: Renewable Resource Planning • Blueprint 4A: Electric Vehicles for Fleets and Fleet Electrification • Blueprint 4B: Electric Vehicle Charging Infrastructure for the Community • Blueprint 5: Unlocking Sustainable Financing Solutions for Energy Projects and Programs - Revolving Loan Funds • Blueprint 6: Workforce Development Community National Environmental Protection Act Requirements DOE must comply with the National Environmental Policy Act (NEPA) prior to authorizing the use of Federal funds. DOE must also consider the effects on historic properties, pursuant to Section 106 of the National Historic Preservation Act (NHPA). Additionally, DOE must consider the impacts to floodplains and wetlands, pursuant to 10 CFR Part 1022—Compliance with Floodplain and Wetland Environmental Review Requirements. To streamline these required reviews, DOE carries out each of these reviews under the umbrella of its NEPA review. Grantees should review and follow the NEPA determination (the form that DOE uses to document NEPA reviews) in their award documents for restrictions, and the list of activities that have been categorically excluded from further NEPA review. NEPA Statements of Work (SOW) have been created and placed on the EECBG Program Formula Application Hub webpage to provide expedited reviews of blueprints and other activities. The NEPA SOWs apply to different applicants and include either ground disturbing activities or nonground disturbing activities. Applicants should review the SOWs to ensure the correct one is selected, if applicable. SOWs with ground disturbing activities require quarterly reporting for all activities. DOE staff will require submission of an Environmental Questionnaire (EQ1) for a NEPA review through the Project Management Center (PMC) if a NEPA SOW is not utilized. 12 This list shows proposed Blueprints by topic area as of April 2023. Blueprint topic areas may be added or revised, based on grantee and stakeholder interests, and effectiveness in achieving program goals. For additional information, visit the Blueprints webpage. 245 Page | 6 ELIGIBLE ACTIVITY CATEGORIES EISA, as revised by Section 40552 of IIJA, specifies 14 categories of eligible uses of EECBG Program funds. DOE is providing guidance below regarding the types of eligible activities that are covered by the 14 categories, including examples of eligible activities, technical assistance opportunities, and items for consideration. This guidance on eligible activities is not intended to be comprehensive. If an eligible entity has a question regarding the eligibility or allowability of a specific activity, the eligible entity should contact their Project Officer, or email the EECBG Program at eecbg@hq.doe.gov. 246 Page | 7 Category (1) Strategy Development and Implementation STATUTORY LANGUAGE Development and implementation of an energy efficiency and conservation strategy PROGRAM GUIDANCE • This category only applies to eligible local and tribal governments. State governments are ineligible to apply their EECBG Program funds to strategy development. • The activity must be for the development, in support of the development, or in support of the implementation of either a strategy submitted pursuant to the EECBG Program or a general strategy that outlines goals for energy efficiency or conservation. EXAMPLE ELIGIBLE ACTIVITIES • Development of an energy efficiency and conservation strategy if one is not submitted with application • Development of the energy efficiency and conservation elements of an energy-related plan such as a climate action plan or local or tribal government’s sustainability plan • Expansion of an existing strategy to address new goals TECHNICAL ASSISTANCE OPPORTUNITIES • Blueprint 1: Energy Planning • The National Renewable Energy Laboratory (NREL) is providing interested EECBG Program grantees one-on-one technical assistance and customized support to develop their Energy Efficiency and Conservation Strategies. Grantees can sign up by emailing NREL directly at: EECS_TA@nrel.gov. Funding is limited; requests will be considered based on available funding and type of support requested. IITEMS FOR CONSIDERATION • Develop strategies around clearly defined, measurable, and ambitious goals for advancing energy efficiency and clean energy. • Ensure that strategies are informed by stakeholder feedback and include opportunities for continued stakeholder engagement, with a particular focus on soliciting feedback from underrepresented and disadvantaged communities. EECBG Program recipients are encouraged to actively seek participation and feedback from a diverse range of stakeholders that reflects the demographics of their community. • Incorporate equity and environmental justice objectives in developing energy efficiency and conservation goals and associated implementation strategies. • Take a holistic approach that incorporates a variety of technologies and addresses the needs of different populations within the community leveraging tools such as the DOE State and Local Planning for Energy (SLOPE) Platform, a free, easy-to-use online platform to support data-driven state and local energy and decarbonization planning. 247 Page | 8 Category (2) Retaining Technical Consulting Services STATUTORY LANGUAGE Retaining technical consultant services to assist the eligible entity in the development of such a strategy, including— A. Formulation of energy efficiency, energy conservation, and energy usage goals; B. Identification of strategies to achieve those goals— a. through efforts to increase energy efficiency and reduce energy consumption; and b. by encouraging behavioral changes among the population served by the eligible entity; C. Development of methods to measure progress in achieving the goals; D. Development and publication of annual reports to the population served by the eligible entity describing— a. the strategies and goals; and b. the progress made in achieving the strategies and goals during the preceding calendar year; and E. Other services to assist in the implementation of the energy efficiency and conservation strategy PROGRAM GUIDANCE • This activity area refers to retaining technical consultant services to assist the eligible entity in the development and implementation of an energy efficiency and conservation strategy, including developing methods to measure progress in achieving the goals identified in the strategy, and developing and publishing annual reports, such as dissemination of energy plans and progress updates. • This category is only available to eligible entities that are units of local government or tribes that received funds under the EECBG Program. • The activity for which the eligible entity is seeking to retain technical consulting services must support one or more elements of strategy development and implementation developed under Category 1. EXAMPLE ELIGIBLE ACTIVITIES • Formulation of energy efficiency, energy conservation, and energy usage goals, methods to achieve those goals or measure progress, and the publication of annual reports discussing progress • Identification and development of an equity-centered strategy to achieve 2030 carbon neutral goals through the energy efficiency and conservation strategy • Developing a detailed roadmap, as part of the energy efficiency and conservation strategy, to reduce costs and improve energy efficiency in communities and households with high energy burdens • Development of internal metrics and evaluation system for strategies and measures in the energy efficiency and conservation strategy that address clean energy and climate resiliency objectives in the community • Strategic planning for electrification of government transportation fleets 248 Page | 9 TECHNICAL ASSISTANCE OPPORTUNITIES • Blueprints 1-6: Each of these blueprints can be used as a guide towards select EECBG Program activities. The key activities described in each blueprint, including planning and data analysis, can be conducted either by a member of the EECBG Program grantee’s internal staff or by external contractors or consultants. • The National Renewable Energy Laboratory can provide interested EECBG Program eligible entities with direct technical assistance and customized support around energy planning including goal development and options analysis. Eligible entities can submit a request for TA by emailing NREL directly at EECS_TA@nrel.gov. Funding is limited; requests will be considered based on available funding and type of support requested. • The technical assistance voucher pathway may also be a good option for entities that are primarily interested in obtaining technical support services, such as planning, analysis, and strategy development related to this category.13 • Additional technical assistance around specific technology areas is available through various DOE offices and national laboratories. For additional information, visit the EECBG Technical Assistance webpage. ITEMS FOR CONSIDERATION • Consider local objectives, staff capacity, and support needs when selecting consultants. Look for firms with prior expertise and knowledge of local or tribal government energy efficiency, renewable energy, electrification or sustainability programs, including development of place- based strategies. • Consider selecting eligible firms that reflect diversity in their business ownership and staff, understand local community needs, and are experienced in place-based approaches. • Engage underrepresented or underserved groups to ensure that their needs are considered and addressed during technical consultant service delivery (e.g., community input sessions, equitable access to programs and financial opportunities.) 13 For formula-eligible local governments and tribes only. Entities must select either a grant or voucher for their EECBG formula award. 249 Page | 10 Category (3) Residential and Commercial Building Audits STATUTORY LANGUAGE Conducting residential and commercial building energy audits PROGRAM GUIDANCE • The activity should be for conducting energy audits of residential and commercial buildings;14,15 • The activity must occur within the jurisdiction of the eligible entity; and • Upgrades or improvements to buildings associated with the audits are an eligible use of funds. EXAMPLE ELIGIBLE ACTIVITIES • Energy assessments to understand usage patterns in a portfolio of buildings and benchmark performance, including benchmarking building energy performance in the ENERGY STAR® Portfolio Manager Tool • Installing energy upgrades in homes or commercial businesses recommended as the result of an audit • Any activities that support or facilitate the conduct of energy assessments of residential or commercial buildings TECHNICAL ASSISTANCE OPPORTUNITIES • Blueprint #2A: Energy Efficiency - Energy Audits and Building Upgrades • The federal government maintains several tools to assist with building energy efficiency, which are described in the blueprint, including ENERGY STAR® Portfolio Manager, DOE Building Energy Asset Score, and Home Energy ScoreTM, which are online platforms to collect, organize and analyze energy data for commercial and residential buildings, and identify and prioritize energy efficiency improvements. In addition, DOE developed the Energy Data Management Guide designed to support state and local governments in developing a data-driven approach to energy management. ITEMS FOR CONSIDERATION • Consider ensuring that energy assessments are implemented in communities that have traditionally experienced energy injustice or have disproportionate energy burdens by using 14 Energy audits include assessments of residential and commercial buildings to evaluate the energy performance of the building, and identify and prioritize energy savings opportunities, including operational or behavioral changes. Assessments may include recommendations for installation of energy efficiency measures, renewable energy and/or grid-interactive systems, such as battery storage, and energy monitoring systems. 15 For the purpose of eligibility under the EECBG Program, “building” generally means a usually roofed and walled structure built for permanent use. Commercial buildings include all buildings in which at least half of the of floor space is used for a purpose that is not residential (used as a dwelling for one or more households), manufacturing/industrial (used for processing or procurement of goods, merchandise, raw materials or food) or agricultural (used for the production, processing, sale, storage, or housing of agriculture process, including livestock), so they include building types that might not traditionally be considered “commercial,” such as schools, correctional institutions, and building uses for religious worship. 250 Page | 11 tools such as the Climate and Economic Justice Screening Tool and Low-Income Energy Affordability Data (LEAD) Tool and partnering with relevant community stakeholders. • Coordinate energy assessment activities with existing federal, state, local, and utility energy efficiency programs, as well as existing and anticipated sources of additional funding. Many utilities offer free or discounted energy assessments (i.e., ‘audits’) for residential and commercial buildings. Energy assessments can serve as a first step to further energy-saving, clean energy, and electrification measures that could be otherwise publicly funded. • Coordinate energy assessment activities with energy efficiency and conservation elements of any existing or planned energy-related plan, such as a climate action plan or local or tribal government’s sustainability plan. Factor in the energy impacts of long-lifetime building upgrades, and their implications for existing climate or sustainability plans. • Consider conducting an initial energy assessment to better understand energy usage patterns across a given portfolio of buildings and identify and prioritize buildings for further assessment. 251 Page | 12 Category (4) Financial Incentives for Energy Efficiency STATUTORY LANGUAGE Establishment of financial incentive programs for energy efficiency improvements PROGRAM GUIDANCE • The activity must be for a financial incentive program, such as a rebate, loan, energy savings performance contracts, or other financing program. • The financial incentive program must be for the purpose of improving energy efficiency; and • The financial incentives must be limited to resident, non-profits, government entities, or businesses within the jurisdiction of the eligible entity. • The activity may include financial incentive programs established by states, including sub-grants from states to local governments or tribes, such as a revolving loan fund. • For local governments and Indian tribes only: there is a limitation on utilizing EECBG Program formula grant funds for the development and capitalization of a Revolving Loan Fund of the greater of 20% of the award allocation or $250,000. Eligible entities may contribute grant funding to an existing revolving loan fund – they need not establish a new one. • EECBG Program funds used for financing programs must be tracked and reported separately from non-EECBG Program funds, including other federal financing programs, such as the Energy Efficiency Revolving Loan Fund Capitalization Grant Program available to States. • While this Category addresses financial incentives specifically for energy efficiency, financing for renewable energy systems may be an eligible activity under Category 14. EXAMPLE ELIGIBLE ACTIVITIES • Energy Savings Performance Contracts (ESPCs) • Loan programs such as: revolving loan funds, loan guarantees, loan-loss reserves or credit enhancements, on-bill financing, and energy efficient mortgage programs • Non-loan financial assistance programs such as: grants, rebates, tax credits, tax exemptions, fee waivers, interest rate buydowns, bonds • Other financial incentive program for energy efficiency improvements, such as formulation of 501(c)3 Green Bank Entities TECHNICAL ASSISTANCE OPPORTUNITIES • Blueprint #2B: Energy Efficiency and Electrification in Buildings - Energy Savings Performance Contracts • Blueprint #2C: Building Electrification Campaign • Blueprint #5: Unlocking Sustainable Financing Solutions for Energy Projects and Programs – Revolving Loan Funds ITEMS TO CONSIDER • Financial incentive programs should be designed to be self-sustaining. • Consider opportunities to leverage or coordinate EECBG formula funds with rebates, financial incentives and financing programs funded by the IIJA or Inflation Reduction Act (IRA), such as 252 Page | 13 SEP Revolving Loan Funds, Home Energy Rebates, and the U.S. EPA’s Greenhouse Gas Pollution Reduction Fund. • Leverage private capital to achieve greater impact by partnering with non-profit Green Banks or other sources of private capital. • Coordinate financial incentive activities with energy efficiency and conservation elements of any existing energy-related plan, such as a climate action plan or local or tribal government’s sustainability plan. Factor in the energy impacts of long-lifetime building upgrades, and their implications for existing climate or sustainability plans. • Seek to design programs to mitigate historical inequities in access to capital and financing to further environmental justice by addressing barriers to accessing capital, such as credit score and debt-to-income ratios. See the State and Local Solution Center for program design resources and examples, such as: o Clean Energy for Low-Income Communities Accelerator (CELICA) Toolkit; o State and Local Planning for Energy (SLOPE) Platform; and o Energy Efficiency Financing for Low- and Moderate-Income Households: Current State of the Market, Issues, and Opportunities. 253 Page | 14 Category (5) Energy Efficiency Retrofit Grants for Government Agencies and Nonprofit Organizations STATUTORY LANGUAGE The provision of grants to nonprofit organizations and governmental agencies for the purpose of performing energy efficiency retrofits PROGRAM GUIDANCE • The activity is for energy efficiency retrofits performed by government agencies or nonprofit organizations (these retrofits may be in residential buildings as long as the government or nonprofit is performing the retrofit). The retrofit may be of equipment (e.g., an HVAC system and associated controls, appliances, or lighting) or a building; • The retrofit must result in energy savings (e.g., kwh/BTUs) or improved energy efficiency; • The activity must not be for new construction or non-replacement equipment; • The activity must occur within the jurisdiction of the eligible entity. EXAMPLE ELIGIBLE ACTIVITIES • Energy efficiency retrofit measures, including weatherization, installation of efficient heating and cooling systems and appliances, cool roofs, and water efficiency measures • Energy management systems, including grid-interactive equipment such as smart thermostats, battery storage systems, and building energy management systems • Building electrification measures, including the installation of heat pumps, heat pump water heaters, residential or commercial cooking equipment, and associated wiring and panel upgrades TECHNICAL ASSISTANCE OPPORTUNITIES • Blueprint #2A: Energy Efficiency - Energy Audits and Building Upgrades • Blueprint #2B: Energy Efficiency and Electrification in Buildings - Energy Savings Performance Contracts • Blueprint #5: Unlocking Sustainable Financing for Energy Projects and Programs – Revolving Loan Funds ITEMS TO CONSIDER • Take a whole-building approach to retrofits that recognizes the interactive effects and co- benefits of different technologies, rather than focusing on a specific technology or end use. • Consider coordinating (also referred to as ‘braiding’) EECBG Program grant funding with other local, state, and federal programs such as the Better Buildings Initiative, Weatherization Assistance Program, U.S. Environmental Protection Agency’s Climate Pollution Reduction Grants, IRA Home Energy Rebates (forthcoming), federal tax incentives or USDA’s Community Facilities Program; or utility energy efficiency programs, including financing and incentives for energy efficiency improvements. • Consider the energy impacts of long-lifetime building retrofits and their broader implications for existing climate or sustainability plans. Perform energy assessments and retrofits in 254 Page | 15 communities that have traditionally experienced energy injustice or have disproportionate household energy burdens by using tools such as the Climate and Economic Justice Screening Tool and Low-Income Energy Affordability Data (LEAD) Tool and partnering with relevant community stakeholders. 255 Page | 16 Category (6) Energy Efficiency and Conservation Programs for Buildings and Facilities STATUTORY LANGUAGE Development and implementation of energy efficiency and conservation programs for buildings and facilities within the jurisdiction of the eligible entity, including— A. Design and operation of the programs; B. Identifying the most effective methods for achieving maximum participation and efficiency rates; C. Public education; D. Measurement and verification protocols; and E. Identification of energy efficient technologies PROGRAM GUIDANCE • The activity must be for the development and/or implementation of an energy efficiency or energy conservation program. An eligible use of funds may include the design and operation of the program and installation of energy efficiency equipment, including building energy management systems and controls. • The activity must be related to buildings or facilities;16 and • The activity must impact buildings or facilities within the jurisdiction of the eligible entity. EXAMPLE ELIGIBLE ACTIVITIES • Workforce development/training programs supporting eligible activities, such as training community members on green technology installation or residential and commercial energy audits • Programs for public education including training or workshops • Development and implementation of building performance standards, including benchmarking and disclosure requirements for the purpose of promoting energy efficiency in commercial buildings • Development and implementation of measures and verification protocols • Programs to partner with local non-profits and community organizations to support weatherization, efficiency retrofits and technologies, and installations • Programs to promote architecture, design, and engineering work for energy efficient buildings • Non-capital strategies to improve facility efficiency through an Energy Data Management Program and/or operations and maintenance strategies such as Strategic Energy Management (or similar methods) • Development of an energy rating, disclosure and/or labeling system for the purpose of promoting energy efficiency in residential or commercial buildings 16 For the purpose of eligibility under the EECBG Program, “facility” generally means an installation, building, group of buildings, or group of structures designed to support a related purpose. 256 Page | 17 TECHNICAL ASSISTANCE OPPORTUNITIES • Blueprint 2A: Energy Efficiency – Energy Assessments and Building Upgrades • Blueprint 2B: Efficiency for portfolio of government buildings: Energy Saving Performance Contracts • Blueprint 2C: Building Electrification Campaign • Blueprint 3: Building Performance Standards and Stretch Codes • Blueprint 5: Unlocking Sustainable Financing Solutions for Energy Projects and Programs - Revolving Loan Funds • In addition to providing one-on-one customized technical assistance for governments pursuing building code updates, the DOE Building Energy Codes Program also provides technical assistance for jurisdictions interested in exploring Building Performance Standards programs. • The federal government maintains several tools to assist with building energy efficiency, which are described in the blueprints, including ENERGY STAR® Portfolio Manager and DOE Building Energy Asset Score which are online platforms to collect and organize building energy data. In addition, DOE developed the Energy Data Management Guide designed to support state and local governments in developing a data-driven approach to energy management. ITEMS TO CONSIDER • Achieve a double bottom line of economic justice and energy justice by prioritizing disadvantaged communities in workforce development training programs. • Design programs that can leverage other local, state, and federal funding, such as the DOE Better Buildings Initiative, Weatherization Assistance Program, and EPA Climate Pollution Reduction Grants. • Coordinate buildings and facilities programs with energy efficiency and conservation elements of any existing energy-related plan such as a climate action plan or local or tribal government’s sustainability plan. Factor in the energy impacts of long-lifetime building upgrades and their implications for existing climate or sustainability plans. 257 Page | 18 Category (7) Conservation of Transportation Energy STATUTORY LANGUAGE Development and implementation of programs to conserve energy used in transportation, including— A. Use of flex time by employers; B. Satellite work centers; C. Development and promotion of zoning guidelines or requirements that promote energy efficient development; D. Development of infrastructure, such as bike lanes and pathways and pedestrian walkways; E. Synchronization of traffic signals; and F. Other measures that increase energy efficiency and decrease energy consumption PROGRAM GUIDANCE • The activity must result in or support the conservation of transportation fuel within the jurisdiction of the eligible entity. • Conservation of transportation fuel may be for the population (e.g., privately owned vehicles) within the jurisdiction of the eligible entity or for government purposes (e.g., government fleets) • Eligible alternative fuel vehicles (AFVs) can span a range of transportation fuel conservation technologies and fuel types (e.g., light and medium duty electric vehicles (EVs) and hybrid vehicles). • A reduction in greenhouse gas emissions that result from transportation fuel may also be considered conservation of transportation fuel. EXAMPLE ELIGIBLE ACTIVITIES • Improvement of energy efficiency of government vehicle fleets through the purchase of electric, hybrid, or alternative fuel vehicles such as buses, recycling / waste collection vehicles, etc. • Micromobility programs, devices and associated facilities, including conventional bicycles, e- bicycles, e-scooters, and other personal transport devices for public use17 • Addition of bike lanes, pathways, or other alternative transportation infrastructure • Geomapping for ideal placement of electric vehicle charging stations and infrastructure • Purchase and installation of electric vehicle charging stations and equipment • Enhancing commuter lots to encourage increased use of public transportation • Strategies to reduce vehicle miles travelled, including the use of satellite offices, flex time, telecommuting policies, and implementation of carpooling or vanpooling strategies • Development and promotion of zoning and siting guidelines or requirements that promote energy efficient development • Implementing planning measures to improve transportation efficiency, including the development and promotion of alternative transportation infrastructure, synchronizing traffic 17 For more information on micromobility devices and transportation systems, see: https://highways.dot.gov/public-roads/spring-2021/02# and https://nap.nationalacademies.org/catalog/26386/transit-and-micromobility 258 Page | 19 signals, and mapping the ideal placement of vehicle charging and other alternative fueling infrastructure TECHNICAL ASSISTANCE OPPORTUNITIES • Blueprint #5: Unlocking Sustainable Financing Solutions for Energy Projects and Programs – Revolving Loan Funds ITEMS TO CONSIDER • For a project to qualify for EECBG Program funds under Category 7, its focus must be for the conservation of transportation fuel within the jurisdiction of the eligible entity. • Consider equity and environmental justice in determining placement of EV charging stations and ensure stations are affordable and accessible to all residents (including multifamily households), to promote equitable access to electric vehicle charging infrastructure. • An alternative fuel vehicle (AFV) refers to a vehicle that does not rely on traditional gasoline, but rather other power sources, including battery electric vehicles (BEVs), plug-in hybrid vehicles (PHEVs) and hybrid vehicles. Vehicles utilizing biodiesel, ethanol, or natural gas are also considered alternative fuel vehicles.18 When determining AFVs for purchase, be sure to consider which have the lowest carbon emissions and operational costs. • Complementary federal funding for transportation efficiency and electrification measures may become available from additional programs, including grant programs administered by DOE, the DOE/DOT Joint Office of Energy and Transportation, the U.S. Department of Transportation, and the U.S. Environmental Protection Agency. • Many current state and federal programs offer funds for the development and placement of electric vehicle charging. Efforts to place additional alternative fueling infrastructure should be in coordination with these programs to ensure rural and disadvantaged communities and households not yet being served are prioritized. 18 For additional information on alternative fuel vehicles by fuel type and technology, visit the Alternative Fuels Data Center at: https://afdc.energy.gov/. 259 Page | 20 Category (8) Building Codes and Inspection Services STATUTORY LANGUAGE Development and implementation of building codes and inspection services to promote building energy efficiency PROGRAM GUIDANCE • The activity must be for the development, adoption and/or implementation of building codes, inspection services or trainings/workshops to promote building energy efficiency. • Programs for development, adoption and implementation of stretch codes that exceed baseline energy codes, such as green building standards, are eligible under this category. • The development of energy efficiency rating and/or labeling systems for the purpose of promoting energy efficient devices, equipment, or buildings are eligible under this category. • The activity must occur within the jurisdiction of the eligible entity. EXAMPLE ELIGIBLE ACTIVITIES • Adoption and implementation of building energy codes, including supporting the adoption and implementation of model building energy codes or stretch codes for energy efficient residential and commercial buildings • Training and certification support for architects, builders, building inspectors, code officials, and other stakeholders that are responsible for implementing building codes • Development, adoption, and implementation of a Building Performance Standard, including benchmarking and disclosure requirements • Conducting an energy code field study, which would document typical design and construction practices, target areas for improvement through workforce education and training initiatives, and quantify energy efficiency and environmental impacts in buildings TECHNICAL ASSISTANCE OPPORTUNITIES • Blueprint #2D: Building Performance Standards & Stretch Codes • The Office of Energy Efficiency and Renewable Energy (EERE) provides technical assistance grants to support the implementation of updated building energy codes to encourage more efficient and resilient buildings. For more information on EERE funding opportunities and resources available to support implementation of updated building energy codes, visit: the EERE Building Codes webpage. • The Office of State and Community Energy Programs (SCEP) plans to provide technical assistance grants to assist states and units of local government that have authority to adopt and implement the latest model energy codes (i.e., 2021 IECC & ASHRAE Standard 90.1-2019), zero energy building codes, or other codes or standards that achieve equivalent or greater energy savings. Up to $1 billion in funding is available, through 9/30/29. • The DOE Building Energy Codes Program provides $225 million in technical assistance grants to support building code development and implementation, as well as promoting alignment about building codes and performance standards. 260 Page | 21 ITEMS TO CONSIDER • The legal authority for local government entities to develop, adopt, or implement more stringent building energy codes varies by state, with some states prohibiting or limiting local code adoption, whereas others delegate code adoption to local jurisdictions. Other states may provide either a uniform model Stretch Energy Code for municipal adoption, or Reach Codes, which provide optional standards for energy efficiency that exceed the state’s mandatory code requirements.19 The DOE Building Energy Codes Program (BECP) provides information on state and local code adoption, including information on the status of code adoption by state 20 and state code adoption laws (which also includes status of code adoption by jurisdiction).21 BECP has also developed stretch code modules based on technologies, measures, or practices (or optimized combinations) that can be adopted as a stretch code or directly into state and local building energy codes.22 • Due to the limited capacity of local code enforcement officials, eligible entities may consider energy codes with alternative compliance pathways or explore strategies to reduce building officials’ workload, such as third-party enforcement procedures. • Prioritize resources to increase inspection capacity in historically energy-burdened and disadvantaged communities as identified using the Justice40 tools, such as CEJEST. 19 For additional information on stretch and reach codes, see Stretch Codes (Advanced Codes) - New Buildings Institute. https://newbuildings.org/code_policy/stretch-codes-advanced-codes/ 20 BECP Status of State Energy Code Adoption: https://www.energycodes.gov/state-portal 21 BECP Municipal Building Energy Policies: https://public.tableau.com/views/Top100MetroDatabase- PrimaryCityCode-V4/MetroResidentialCodeMinandHR_1?:language=en- US&:display_count=n&:origin=viz_share_link 22 BECP Stretch Codes: https://www.energycodes.gov/stretch-codes 261 Page | 22 Category (9) Energy Distribution Technologies STATUTORY LANGUAGE Application and implementation of energy distribution technologies that significantly increase energy efficiency, including— A. Distributed resources; and B. District heating and cooling systems PROGRAM GUIDANCE • The application and implementation of energy distribution technologies that significantly increase energy efficiency, including distributed resources and district heating and cooling systems. • The activity must result in a significant increase in energy efficiency within the jurisdiction of the eligible activity. EXAMPLE ELIGIBLE ACTIVITIES • Microgrid technologies • District heating and cooling systems • Combined heat and power systems (CHP) • Cogeneration systems • Energy Storage systems TECHNICAL ASSISTANCE OPPORTUNITY • Blueprint: Solar + Storage: Power Purchase Agreements and Direct Ownership • Blueprint 6: Unlocking Sustainable Financing for Energy Projects and Programs - Revolving Loan Funds • Resources around CHP are available from DOE Better Buildings Program can be found here. • Resources around grid modernization are available through the DOE Grid Deployment Office can be found here. • Additional technical assistance around specific technology areas may be available through various DOE offices and national laboratories. For the latest, visit the EECBG Technical Assistance webpage. ITEMS TO CONSIDER • Renewable energy, storage, and CHP can provide revenue streams while grid-connected, and these energy and cost savings may lower the overall cost of a microgrid and allow for the incorporation of additional microgrid components. When integrated into a microgrid, distributed energy technologies can also increase survival time during a grid outage when fuel supplies are limited. 262 Page | 23 • Implementing energy efficiency measures in conjunction with renewable energy, storage, and/or CHP can reduce the cost of each of these systems by allowing a smaller system to meet the reduced energy needs of the facility. • Leverage federal tax incentives where feasible, such as the Inflation Reduction Act Home Energy Credits. • CHP technologies are most applicable to sites that have a reliable gas supply and steady thermal and electric loads such as industrial operations; commercial operations such as hospitals, nursing homes, or hotels; and institutional and residential sites such as schools, universities, prisons, or multi-family buildings. If CHP with gas is considered, be sure to consider the expected lifetime of the CHP system and how it aligns with broader jurisdictional goals in existing climate and/or sustainability plans. • Consider district heating configurations that further reduce emissions, such as combined renewable energy configurations (e.g., solar, wind, steam, sustainably sourced fuels) and power systems or geothermal district heating. • Prioritize sites that directly serve the community and that provide one or more infrastructure and services to the community, such as community centers, water and wastewater treatment facilities, police and fire stations, schools, libraries, and other facilities. These sites could benefit from microgrid, CHP and/or storage systems by lowering energy costs and enhancing community resilience, such as providing backup power or emergency shelter in the event of a natural disaster or extended power outage, especially when combined with onsite renewable investments described in Category 14. 263 Page | 24 Category (10) Material Conservation Programs STATUTORY LANGAUGE Activities to increase participation and efficiency rates for material conservation programs, including source reduction, recycling, and recycled content procurement programs that lead to increases in energy efficiency PROGRAM GUIDANCE • The activity must be for the purpose of increasing the participation in and/or the efficiency rates of a material conservation program (e.g., source reduction, recycling, and recycled content procurement programs); and • The activity must occur within the jurisdiction of the eligible entity. • If the activity is a recycled content procurement program within the jurisdiction of the eligible entity, there must be an associated increase in energy efficiency and/or conservation of fuel. EXAMPLE ELIGIBLE ACTIVITIES • The cost of vehicles required for a materials conservation/recycling program, such as recycling trucks • Municipal waste reduction programs, including education and outreach • Establishing or expanding policies and programs for materials reuse and recycling, including equipment and facilities and associated tracking and reporting systems. • Organic and food waste recovery and recycling via food waste recovery programs, and organics recycling, such as composting, and anaerobic digesters for clean renewable electricity generation) • Expanding infrastructure and/or participation in existing recycling programs ITEMS TO CONSIDER • Consider the energy consumption associated with producing and recycling different materials, as well as the environmental implications of their disposal. • Consider coordination with other local jurisdictions to develop facilities that can serve multiple jurisdictions. 264 Page | 25 Category (11) Reduction, Capture, and Use of Landfill Gases STATUTORY LANGUAGE The purchase and implementation of technologies to reduce, capture, and, to the maximum extent practicable, use methane and other greenhouse gases generated by landfills or similar sources PROGRAM GUIDANCE • The activity must be for the purchase and implementation of technology, for the purpose of reducing, capturing, or using methane or other greenhouse gases generated by landfills or similar sources; and • The activity must occur within the jurisdiction of the eligible entity. EXAMPLE ELIGIBLE ACTIVITIES • Reducing the carbon emissions of landfills or similar waste-related sources, including wastewater treatment plants, operations producing food waste, dairy farms, and other animal operations, through measures to reduce, capture and use methane and other greenhouse gases • Anaerobic digestion systems • Utilization of landfill gas for electricity generation • Direct use of landfill gas to offset the use of other fuels • Conversion of landfill gas to renewable natural gas ITEMS TO CONSIDER • Activities in this category may present an opportunity to lessen the burden of environmental regulatory requirements through the reduction, capture, and use of landfill gases. • Cogeneration systems, like those discussed in Category 9 of this document, can use landfill gas to generate electricity and thermal energy. • Additional information, including tools and resources for reducing or avoiding landfill methane emissions, is available from the U.S. EPA’s Landfill Methane Outreach Program (LMOP). Additional information on renewable natural gas systems and a database of renewable natural gas projects are available from the Alternative Fuels Data Center and the Renewable Natural Gas Database. 265 Page | 26 Category (12) Replacement of Traffic Signals and Street Lighting STATUTORY LANGUAGE Replacement of traffic signals and street lighting with energy efficient lighting technologies, including— A. Light emitting diodes; and B. Any other technology of equal or greater energy efficiency PROGRAM GUIDANCE • The activity must be for the replacement of traffic signals, street lights23 or street signs; • The replacement of traffic signals or street lights must be light emitting diodes (LEDs) or other technology of equal or greater energy efficiency. Traffic signals and street light replacements may include solar panels that power the street lights so long as the panels are part of a replacement effort that installs LEDs or other technology of equal or greater efficiency for lamps; • Generally, only the cost of replacement lamp is eligible unless replacement/upgrade of supporting structure (e.g., posts) is necessary to support the replacement of the lamps. • The activity must occur within the jurisdiction of the eligible entity. EXAMPLE ELIGIBLE ACTIVITIES • LEDs and any other technology of equal or greater energy efficiency • Computerized traffic management systems, installed on street lights, to minimize vehicle-based traffic congestion during peak driving hours TECHNICAL ASSISTANCE OPPORTUNITY • The Better Buildings Outdoor Lighting Accelerator Toolkit provides tools and resources, including a decision tree for upgrading or replacing public outdoor lighting systems, technical support resources, and lessons learned. • The Municipal Solid-State Street Lighting Consortium (MSSLC) helps local governments make informed decisions on the purchase of LED street lighting and maximize the energy savings. Resources include lighting specifications, financing resources, technical reports, presentations, and FAQs on outdoor street lighting, including resources on lighting selection and design considerations. ITEMS TO CONSIDER • The replacement of a lighting fixture, an arm, a pole, or any part of a light is an eligible use of funds if the more efficient lighting technology necessitates such a replacement. However, regular maintenance is an ineligible cost. For example, EECBG Program funds cannot be used to replace a rotten pole due to insufficient maintenance. LED lights should be procured with strong 23 A “street light” is an outdoor source of light that is raised and that is intended to provide functional illumination to the area below the light. 266 Page | 27 warranty terms and meet certifications (e.g., ENERGY STAR or otherwise) to ensure energy performance, longevity and lighting quality over time. • When considering which locations to make street light improvements, consider incorporating approaches to ensure equitable access to street light improvements, such as scoring criteria that consider equity, safety, and access. 267 Page | 28 Category (13) On-site Renewable Energy On or In a Government Building STATUTORY LANGUAGE Development, implementation, and installation on or in any government building of the eligible entity of onsite renewable energy technology that generates electricity from renewable resources, including— A. Solar energy; B. Wind energy; C. Fuel cells; and D. Biomass. PROGRAM GUIDANCE • The activity must be for the development, implementation, and installation of onsite renewable energy technology (e.g., solar energy, wind energy, fuel cells, or biomass); • The installation of the renewable energy technology must be on, in or under a government building 24 of the eligible entity (the renewable technology is considered installed on a government building if it is installed on a government-owned site and connected to the government building behind the meter); and • The renewable energy technology must be for the generation of electricity, or result in more efficient heating/cooling. The renewable energy source need not provide a building’s entire electricity usage and not all of the electricity needs to physically go into the government building. • The installation of renewable energy technologies on commercial buildings, or other non- government buildings or sites, is not an eligible use of funds under Category 13. Renewable energy technologies, however, are eligible for installation on non-governmental buildings under Category 14, as part of programs for financing and installing energy efficiency, renewable energy, and zero emissions transportation systems, including financing programs, grants, incentives or rebates.25 EXAMPLE ELIGIBLE ACTIVITIES • Financing mechanisms that enable this activity such as power purchase agreements for solar PV installations on multiple government buildings 24 For the purpose of eligible under the EECBG Program, “government building of the eligible entity” generally means a building built by or for the use of the government that is the grantee/recipient of award funds. This includes buildings owned or leased by the eligible entity. This does NOT include state, Federal, or other government buildings that are not government buildings of the eligible entity. In the case of tribal governments, exclusions from the definition of tribal government buildings are privately owned tribal housing and commercial buildings; facilities owned by 501(c) (3) entities (unless the organization was chartered and delegated by the Tribe to act on its behalf); and those owned by a Federal Agency (e.g., U.S. Department of Housing and Urban Development, U.S. Department of the Interior, Bureau of Indian Affairs, etc.) 25 Entities proposing to purchase and install renewable energy technologies on government buildings may include the proposed activities under either Category 13 or 14. 268 Page | 29 • Installation of renewable energy technologies (e.g., solar energy, wind energy, fuel cells, or biomass) at or on government property TECHNICAL ASSISTANCE OPPORTUNITY • Blueprint 4A: Solar + Storage - Power Purchase Agreements and Direct Ownership • Blueprint 4D: Renewable Resource Planning • National Renewable Energy Lab provide technical assistance to Local Governments around Waste-to-Energy • Additional technical assistance around specific technology areas, including solar, may be available through various DOE offices and national laboratories. For the latest, visit the EECBG Technical Assistance webpage. ITEMS TO CONSIDER • In addition to locational and structural characteristics (such as roof conditions, shading, orientation, etc.), considering the projects’ proximity to electrical infrastructure is critical for solar and wind projects (behind-the-meter projects exempted). • Leveraging eligible energy efficiency and conservation activities can reduce the cost of on-site renewable energy investments by meeting a government building’s energy requirements with less on-site generation capacity. • Activities under this category should align with the local policy context, including siting limitations; utility-specific requirements for interconnections; state policies and programs such as renewable energy credits, rebates, and net metering; and available federal incentives, including tax credits.26 • Prioritize sites that directly serve the community and that provide one or more infrastructure and services to the community. For example, consider community centers, water and wastewater treatment facilities, police and fire stations, schools, libraries, and other facilities that could benefit from on-site renewable energy systems by lowering energy costs, and enhancing community resilience, such as providing backup power or emergency shelter in the event of a natural disaster or extended power outage (including when combined with energy storage systems, as described in Category 9). 26 Consider exploring siting resources provided by the National Renewable Energy Laboratory, such as the Clean Energy to Communities Program. 269 Page | 30 Category (14) Programs for Financing, Purchasing, and Installing Energy Efficiency, Renewable Energy, and Zero-emission Transportation (and associated infrastructure) Measures and Capital Investments, Projects, and Programs for Leveraging Public and Private Sector Funds STATUTORY LANGUAGE Programs for financing energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure), capital investments, projects, and programs, which may include loan programs and performance contracting programs, for leveraging of additional public and private sector funds, and programs that allow rebates, grants, or other incentives for the purchase and installation of energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure) measures PROGRAM GUIDANCE • This category may include the purchase and deployment of energy efficiency, renewable energy, and zero emissions technologies. This may include technologies that promote the electrification of buildings and transportation. • Projects and programs in this category include efforts to develop and/or implement programs that encourage and promote the use of energy efficiency, renewable energy, and zero emissions technologies. These programs may also include financing and loan programs to support energy efficiency, renewable energy, and zero emissions transportation. • Projects may leverage public and private funds, including partnerships with third-party lenders, co-lending, third-party administration of loans, loan loss reserves, and partnerships with utilities. • Equipment acquisitions and installations for infrastructure projects will be subject to restrictions and review as outlined in statute under the National Environmental Protection Act (NEPA). NEPA will apply to equipment acquisition and installation, and to all other activities outlined in the Administrative and Legal Requirements Document. • Equipment acquisitions and installations may also be subject to restrictions and review as outlined in statute under the Build America, Buy America Act (BABA). When necessary, exemptions under BABA may be possible. EXAMPLE ELIGIBLE ACTIVITIES: Transportation: • Infrastructure development to support electric vehicles (EV), EV charging stations, rural EV infrastructure, and increasing EV charging access in underserved communities and communities with high energy burdens • The purchase or lease of zero-emission vehicles, including electric buses, bikes, and scooters, as well as the acquisition, construction, and leasing of required supporting facilities Energy Efficient & Renewable Technology • Pre-development planning costs for further energy efficiency and conservation projects and programs. 270 Page | 31 • Infrastructure improvements to support the deployment of energy efficiency measures, renewable energy, and sustainable transportation • The purchase, deployment, and infrastructure development of energy efficient and renewable energy technologies, including projects occurring in or on non-government buildings or privately owned land and facilities. • The purchase and deployment of a battery storage system if combined with a renewable energy generation system and/or energy efficiency at government and/or non-government buildings or facilities • Grid modernization efforts necessary to support renewable energy and electrification initiatives, such as upgrading metering infrastructure, grid-interactive equipment and appliances, and interconnection of local renewable energy systems (e.g., community solar systems, wind turbines and other renewable energy systems) Clean Energy Programs • Loan programs, such as revolving loan funds, on-bill financing programs, energy savings performance contracting, or solar lending programs • Credit enhancements, such as loan loss reserves and financial incentives, interest rate buy downs, or rebates • Programs for public education, training, workshops, technical assistance, measurement and verification, and energy management systems to support the use of energy efficiency, renewable energy and zero emissions transportation • Innovative deployment and financing models for renewable energy, including community solar and solarize campaigns TECHNICAL ASSISTANCE OPPORTUNITIES • Blueprint 2A: Energy Efficiency – Energy Assessments and Building Upgrades • Blueprint 2B: Efficiency and Electrification of Buildings -- Energy Savings Performance Contracts • Blueprint 2C: Building Electrification Campaign • Blueprint 3A: Solar + Storage - Power Purchase Agreements and Direct Ownership • Blueprint 3B: Community Solar • Blueprint 3C: Solarize Campaign • Blueprint 3D: Renewable Resource Planning • Blueprint 4A: Electric Vehicles and Fleet Electrification • Blueprint 4B: EV Charging Infrastructure for Communities • Blueprint 5: Unlocking Sustainable Financing Solutions for Energy Projects and Programs – Revolving Loan Funds • Blueprint 6: Workforce Development • Additional technical assistance may be available through various DOE offices and national laboratories. For the latest, visit the EECBG Technical Assistance webpage. 271 Page | 32 ITEMS TO CONSIDER • Community solar projects mitigate some of the physical and siting barriers to solar installation by enabling multiple subscriber customers to receive bill credits for electricity generated from solar power without having to host a solar installation on their property. DOE resources for community solar projects are available through the National Community Solar Partnership. • Seek opportunities to leverage EECBG Program funds with private capital or design programs to deliver ongoing energy savings by reinvesting funds from loans or energy savings (e.g., a municipal revolving loan fund or energy savings performance contracting). • Larger-scale installation projects may require extended time to go through the NEPA review and approval process. Be sure to schedule in ample time for this important process. • Entities pursuing EV charging projects under this category should consider strategies to ensure equitable distribution of EV infrastructure to disadvantaged communities. Likewise, EV charging placement would ideally align with other state and federal efforts per category 7 above. 272 Page | 33 LIMITATIONS ON THE USE OF EECBG PROGRAM FUNDS There are several limitations on the use of EECBG Program funds. Eligible entities must consult their award agreements for more information about those limitations. Limitations for funds: Local and tribal governments: • Use up to 20 percent or $250,000, whichever is greater, of the grant funds for the establishment of revolving loan funds. • Use up to 20 percent or $250,000, whichever is greater, of grant funds for the provision of sub- grants to nongovernmental organizations for the purpose of assistance with overseeing, establishing, and monitoring the EECBG Program activities of the applicant. Sub-granting Requirements & Notes: o This limitation applies only to subgrants. Sub-contracts to address specific needs of the recipient to fully implement its energy efficiency and conservation strategy are not bound by this limitation, subject to approval by DOE. However, recipients must ensure that the majority of the grant funding is used to achieve the objectives of their EECBG Program grant. o In addition, funding that is intended to be used for implementation of measures described in the recipients EECS and / or grant award may be passed-through a support subgrantee without counting against the limitation on subgrants. o All pass-through entities are responsible for administration of sub-granted funds, including flow-down requirements (i.e., award special terms & conditions), monitoring and oversight and reporting on sub-grantee activities.27 • Use up to 10% or $75,000 of their funds for administrative expenses (excluding the cost of the reporting requirements).28 States and territories: • Are required to subgrant not less than 60% of the amount provided to the State to ineligible local governments within the state. o American Samoa, Guam, Hawaii, the Commonwealth of the Mariana Islands, the District of Columbia, and the U.S. Virgin Islands are exempt from the 60% sub-grant requirement. • Use up to 10% of their funds for administrative expenses. 27 Requirements for pass-through entities may be found in 2 CFR 200.332. 28 Grantees should use their established definitions of “administrative expenses”. States may not use more than 10 percent of amounts provided under the program for administrative expenses (42 USC 17155 (c)(4)). Units of local government and Indian tribes may not use more than 10 percent or $75,000, whichever is greater, for administrative expenses (42 USC 17155 (b)(3)(A)). EECBG funds may be used for compensation of employees or contractors. Whether or not the administrative cost cap applies depends on the nature of the responsibilities of the staff hired. Administrative activities are those that cannot be identified with any single program but are necessary to the general conduct of the activities of the entity organization; this could include such items as the overall direction of the organization, record keeping, budgeting, and business management. 273 Page | 34 Programs or Activities Using American Recovery and Reinvestment Act (ARRA) funds: For recipients that are administering programs or activities through EECBG Program funds received under ARRA, such as financing programs, the ARRA prohibitions on use of funds still apply. Specifically, ARRA prohibits, without exception, the use of funds for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. Any buildings or infrastructure supporting the above establishments are also ineligible. Questions regarding the eligibility of a specific activity, measure, or program under the EECBG Program should directed to the EECBG Program Project Officer assigned to your award. Michael Li Acting Deputy Director, Community Energy Programs Office of State and Community Energy Programs /s/ Michael Li 274 1 RESOLUTION NO. R24-092 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, RATIFYING THE CITY'S APPLICATION FOR THE 5 DEPARTMENT OF ENERGY'S ENERGY EFFICIENCY AND CONSERVATION 6 BLOCK GRANT PROGRAM; AUTHORIZING THE CITY MANAGER, IF 7 AWARDED, TO ACCEPT THE GRANT AND EXECUTE ALL THE RELATED GRANT 8 DOCUMENTS AND AMENDMENTS THAT DO NOT INCREASE THE CITY'S 9 FINANCIAL OBLIGATIONS, SUBJECT TO THE APPROVAL OF THE CITY 10 ATTORNEY; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 11 PURPOSES. 12 13 14 WHEREAS, the Department of Energy's Energy Efficiency and Conservation Block Grant 15 Program's purpose is to assist eligible state, local, and tribal governments in implementing 16 strategies to: 17 Reduce fossil fuel emissions in a manner that is environmentally sustainable and, 18 to the maximum extent practicable, maximizes benefits for local and regional 19 communities; 20 Reduce the total energy use of the eligible entities; 21 Improve energy efficiency in the transportation sector, the building sector, and 22 other appropriate sectors; and 23 Build a clean and equitable energy economy that prioritizes disadvantaged 24 communities and promotes equity and inclusion in workforce opportunities and 25 deployment activities, consistent with the Justice40 Initiative; and 26 WHEREAS, entities may develop various programs and projects that address one or more 27 of the purposes, and each activity an entity undertakes is not required to meet all the stated 28 purposes. Entities may choose from a range of eligible activities, as defined in section 544 of EISA3 29 as amended by section 40552(a) of the IDA (Public Law 117-58); and 30 WHEREAS, the City's Public Works Department is applying for the Energy Efficiency and 31 Conservation Block Grant Program, requesting grant funding of $134,990, with no City match 32 requirement; and 33 WHEREAS, the City intends to use the Grant funds for needed resources to support the 34 Boynton Beach Street Lighting Retrofit Program. The project will support the retrofit of street 275 35 lighting to LED on Ocean Avenue and surrounding areas; and 36 WHEREAS, upon recommendation of staff,the City Commission finds it in the best interest 37 of the citizens and residents of the City of Boynton Beach to ratify the grant application to the 38 Department of Energy's Energy Efficiency and Conservation Block Grant Program with no City 39 match requirement; ratify the City Manager's execution of the application, and if awarded, 40 authorize the City Manager to execute the Grant Agreement and any amendments to the Grant 41 Agreement that do not increase the City's financial obligations, subject to review for legal 42 sufficiency by the office of the City Attorney; and further authorize the City Manager to take all 43 administrative and budgetary actions necessary to implement the grant. 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 45 BEACH, FLORIDA, THAT: 46 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 47 being true and correct and are hereby made a specific part of this Resolution upon adoption 48 hereof. 49 SECTION 2. The City Commission ratifies the grant application submitted to the 50 Department of Energy's Energy Efficiency and Conservation Block Grant Program with no City 51 match requirement; ratifies the City Manager's execution of the application, and if awarded, 52 authorizes the City Manager to execute the Grant Agreement and any amendments to the Grant 53 Agreement that do not increase the City's financial obligations, subject to review for legal 54 sufficiency by the office of the City Attorney; and further authorize the City Manager to take all 55 administrative and budgetary actions necessary to implement the grant. 56 SECTION 3. This Resolution shall take effect as provided by law. 57 58 59 signatures on following page] 276 60 PASSED AND ADOPTED this 7th day of May 2024. 61 CITY OF BOYNTON BEACH, FLORIDA 62 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 75 76 ATTEST: 77 78 I _' 11111 -79 Vv` it 80 Mayle: .41esus, MPA, MC Ty • 81 City Cler Mayo 82 NTON p,x 83 k ..voRAre••.• ,c)it APPROVED AS TO FORM: 84 (Corporate Seal)o1`)°1-_,• L••; - + 85 Sv Eo: $ 86 E31.. \ c,(0)( P eQ Aiap 871% Shawna G. Lamb 88 FLOO p City Attorney 277 City of Boynton Beach Agenda Item Request Form 6.H Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-213- Authorizing the Mayor to sign releases of code enforcement liens. Requested Action: Staff recommends approval of Proposed Resolution No. R24-213. Explanation of Request: Section 162.09(3), Florida Statutes, provides that code compliance liens run in favor of the local governing body, and the local governing body may agree to satisfy or release code compliance liens. When a property owner remits payment for a code enforcement lien in full or pays City- established administrative fees for a partial release of lien, a release of lien is required to clear title to the real property encumbered by the lien. The Attorney General has concluded that a local governing body, such as the City Commission, may delegate its authority to execute satisfactions or releases of code enforcement liens so long as such delegation does not result in a complete divestiture of such liens by the City Commission to a private party. This resolution authorizes the Mayor to execute full and partial releases of code enforcement liens when the applicable fines or fees have been paid to the City. How will this affect city programs or services? The release of code enforcement liens is important as these liens can involve properties that are often subject to real estate transactions. Fiscal Impact: None Attachments: R24- 213_Resolution_XXX_Authorizing_the_Mayor_to_Execute_Code_Enforcement_Releases_of_Lien.docx 278 1 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@640B52DE\@BCL@640B52DE.Docx RESOLUTION NO. 24-2131 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,3 AUTHORIZING THE MAYOR TO EXECUTE AND RECORD RELEASES 4 OR PARTIAL RELEASES OF CODE ENFORCEMENT LIENS UPON 5 FULL PAYMENT OF THE LIEN AND/OR THE APPLICABLE 6 ADMINISTRATIVE FEES, SUBJECT TO REVIEW AND APPROVAL BY 7 THE CITY ATTORNEY’S OFFICE; PROVIDING FOR CONFLICTS, 8 SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.9 10 WHEREAS, section 162.09(3), Florida Statutes, provides that code compliance liens run in 11 favor of the local governing body, and the local governing body may agree to satisfy or release 12 code compliance liens; and13 WHEREAS, when a property owner remits payment for a code enforcement lien in full or 14 pays City-established administrative fees for a partial release of lien, a release of lien is required 15 to clear title to the real property encumbered by the lien; and16 WHEREAS, the Attorney General has concluded that a local governing body, such as the 17 City Commission, may delegate its authority to execute satisfactions or releases of code 18 enforcement liens so long as such delegation does not result in a complete divestiture of such 19 liens by the City Commission to a private party; and20 WHEREAS, pursuant to section 166.021, Florida Statutes, the City of Boynton Beach 21 through its home rule powers may exercise any power for municipal purposes except those 22 expressly prohibited by law; and23 WHEREAS, the City Commission desires to delegate authority to the Mayor to execute 24 releases and partial releases of code enforcement liens upon full payment of the lien and/or the 25 applicable administrative fee, or, in the Mayor’s absence, the Vice Mayor, or in the Vice Mayor’s 26 279 2 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@640B52DE\@BCL@640B52DE.Docx absence, a Commissioner in the order of their districts, subject to the approval of the City 27 Attorney’s Office.28 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON 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 Section 2.The City Commission of the City of Boynton Beach, Florida, hereby 33 authorizes the Mayor to execute and record releases of lien or partial releases of lien upon full 34 payment of the lien and/or the applicable administrative fees, subject to approval of the City 35 Attorney’s Office.36 Section 3. All resolutions or part of Resolutions in conflict with any of the provisions of 37 this Resolution are hereby repealed.38 Section 4. If any section or portion of a section of this Resolution proves to be invalid, 39 unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect 40 of any other section or part of this Resolution.41 Section 5. That this Resolution shall become effective immediately upon passage by the 42 City Commission.43 44 (Signatures on the following page)45 46 280 3 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@640B52DE\@BCL@640B52DE.Docx PASSED AND ADOPTED this ____ day of ________________, 2024.47 CITY OF BOYNTON BEACH, FLORIDA48 49 YES NO50 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 63 64 ATTEST:65 66 ___________________________________________________________67 Maylee De Jesús, MPA, MMC Ty Penserga68 City Clerk Mayor69 70 APPROVED AS TO FORM:71 (Corporate Seal)72 _______________________________73 Shawna G. Lamb74 City Attorney75 281 City of Boynton Beach Agenda Item Request Form 6.I Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-214- Approving and authorizing the mayor to sign a Mural Artist Agreement with Blythe Armstrong for a visual art design entryway feature for the Historic Barton Cemetery as part of the Unity Project in an amount not to exceed $5,000. Requested Action: Staff recommends approval of Proposed Resolution No. R24-214. Explanation of Request: As part of the Mellon Foundation approved grant, the City selected an artist to design an entryway feature for the Historic Barton Cemetery. The chosen artist, Blythe Armstrong, a Boynton Beach resident and visual artist, was selected by the Art Advisory Board on August 8th, via a "Call to Artist" platform. How will this affect city programs or services? This innovative art project will permanently enhance and beautify the Historic Barton Memorial Park Cemetery with a unique entryway design. Fiscal Impact: The Mellon Foundation awarded the City of Boynton Beach, in total, $100,000 to support various artist fees and public programming for the Unity Project of which the Barton Cemetery entryway is included as one of the projects. The design artist fee for the Barton Cemetery entryway is allocated for $5,000. Attachments: R24-214 Agenda_Item_2134-2023_Resolution_for_Blythe_Armstrong_Artist_Agmt.docx Exhibit A to Resolution - Armstrong_Public_Art_Artist_Agreement_- _Barton_Cemetery_Design.pdf Exhibit A to Agmt - Barton Cemetery Entryway - September 23, 2024.pptx R23-130 Mellon Grant Approval.pdf 282 RESOLUTION NO. R24-2141 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING A MURAL ARTIST AGREEMENT WITH BLYTHE ARMSTRONG 4 FOR A VISUAL ART DESIGN ENTRYWAY FEATURE FOR THE HISTORIC BARTON 5 CEMETERY AS PART OF THE UNITY PROJECT IN AN AMOUNT NOT TO EXCEED $5,000; 6 AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the City issued a Call to Artists for artists to create a visual art design entryway 9 feature for the Historic Barton Cemetery as part of the Unity Project at 561 NW 12th Ave, Boynton 10 Beach, FL 33435 (the “Project”); and11 WHEREAS, the Artist responded to the Call to Artists and was selected by the City’s Art 12 Advisory Board (“AAB”) to create an Artwork design for the Project in conformance with the Project 13 criteria set forth in the Call to Artists; and14 WHEREAS, the City and Artist desire to execute an agreement establishing the rights and 15 responsibilities of the parties with respect to the Artwork and ownership; and16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 17 best interests of the city's citizens and residents to approve a Mural Artist Agreement with Blythe 18 Armstrong for a visual art design entryway feature for the Historic Barton Cemetery as part of the 19 Unity Project in an amount not to exceed $5,000. 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 a Mural Artist Agreement between Blythe Armstrong and the City for a visual art design 27 entryway feature for the Historic Barton Cemetery as part of the Unity Project in an amount not 28 to exceed $5,000 (the “Agreement”), in form and substance similar to that attached as “Exhibit 29 A.“30 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 31 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 32 283 ancillary documents required under the Agreement or necessary to accomplish the purposes of 33 the Agreement and this Resolution.34 SECTION 4.One fully-executed original of the Agreement shall be retained by the City 35 Clerk as a public record of the City. A copy of the fully-executed Agreement shall be provided to36 Kelly Armstead to forward to the Artist.37 SECTION 5.This Resolution shall take effect in accordance with law.38 39 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.40 CITY OF BOYNTON BEACH, FLORIDA41 YES NO42 Mayor – Ty Penserga __________43 44 Vice Mayor – Aimee Kelley __________45 46 Commissioner – Angela Cruz __________47 48 Commissioner – Woodrow L. Hay __________49 50 Commissioner – Thomas Turkin __________51 52 VOTE ______53 ATTEST:54 55 ___________________________________________________________56 Maylee De Jesús, MPA, MMC Ty Penserga57 City Clerk Mayor58 59 APPROVED AS TO FORM:60 (Corporate Seal)61 62 _______________________________63 Shawna G. Lamb64 City Attorney65 284 Blythe Armstrong Artist Agreement 1 MURAL ARTIST AGREEMENT Contract No. ___________ This Agreement is made by and between the City of Boynton Beach, Florida, a Florida municipal corporation, with a physical address of 100 East Ocean Avenue, Boynton Beach, Florida 33435 and a mailing address of P.O. Box 310, Boynton Beach, Florida 33425 (the “City”) and Blythe Armstrong, with an address of 8813 Morgan Landing Way, Boynton Beach, FL 33473 (the “Artist”). WITNESSETH WHEREAS, the City issued a Call to Artists for artists to create a visual art design entryway feature (for the Historic Barton Cemetery as part of the Unity Project ”) at 561 NW 12th Ave, Boynton Beach, FL 33435 (the “Project”); and WHEREAS, the Artist responded to the Call to Artists and was selected by the City’s Art Advisory Board (“AAB”) to create an Artwork design for the Project in conformance with the Project criteria set forth in the Call to Artists; and WHEREAS, the City and Artist desire to execute an agreement establishing the rights and responsibilities of the parties with respect to the Artwork, and ownership. NOW, THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of as such covenants and conditions, the City and Artist do hereby agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated into this Agreement as if fully set forth herein. 2. Representatives. a. The Artist’s Representative for this Agreement shall be the Artist. b. The City’s Representative and Project Manager shall be Kelly Armstead. Any work performed by the Artist without proper authorization from the City is performed at the Artist’s risk and the City shall have no obligation to compensate the Artist for such work. 3. Scope of Services. 3.1 Services. The Artist shall perform or provide all design approved by the AAB, Historic Preservation Board and the City Commission as generally described in Artist’s final concept 285 Blythe Armstrong Artist Agreement 2 proposal, a copy of which is attached as Exhibit A and incorporated herein by reference. Artist shall comply with the City’s Mural Guidelines, AAB Guidelines, requirements of the Call to Artist, and any other applicable laws, codes, rules, regulations, or ordinances of any federal, state, county, municipal, or other governmental entity applicable to Artist’s services. Upon completion of the Project, the Artist shall present the Artwork and all other required documentation, including the Final Release, to the City’s Representative for approval and acceptance (“Final Acceptance”). The Artist’s services shall not be considered complete until Final Acceptance by the City’s Representative. 3.2 Review of Design, Equipment, and Materials. The Artist shall prepare or cause to be prepared, all plans, specifications, drawings or other graphic materials as required and shall submit same to the City. The City will review and/or inspect the materials and equipment to ensure that the Artwork and installation will comply with the Florida Building Code, wind loading, foundation requirements, and electrical, lighting requirements, if any. 3.3 Permits. The City shall research and obtain any necessary permits required by the City for the installation of the Artwork. 3.4 Safety Compliance. The City shall adhere to the safety requirements outlined in Occupation Safety and Health Administration (OSHA) https://www.osha.gov/ while working on site. 3.5 Final Documents. Upon installation of the Artwork, the Artist shall deliver photographs of the completed Artwork, and any relevant literature on paint materials, names of products and manufacturers, names of paint colors, and other documents relevant to the Artwork to the City’s Project Manager. Digital photographs shall be colored jpegs and include the name of the Artist, title of the Artwork, and location, medium, and dimension of the Artwork. 3.6 Special Events. The Artist may attend any “Ribbon Cutting” or “Grand Opening” events coordinated by the City. The City will provide the Artist with two (2) weeks advance notice of any such scheduled event. 4. Compensation. 4.1 Artist Fee. The City shall pay the Artist a fixed artist fee of Five Thousand Dollars ($5,000.00) under this Agreement. 4.2 Payment. Upon final design approval from the City Commission, the Artist shall submit an invoice for full payment. Upon Project completion, Artist shall submit an invoice for all services performed. The City shall review all invoices for approval and shall pay all approved and proper invoices within 45 days, in accordance with the Section 218.70, Florida Statutes, Florida Local Government Prompt Payment Act. 5. Conduct of Work. 286 Blythe Armstrong Artist Agreement 3 5.1 Time of Performance. Services by the Artist and the Artist’s subcontractors in connection with the Artwork shall commence upon Artist’s receipt of a fully-executed original of this Agreement. 6. Warranties. 6.1 Warranty of Title. The Artist warrants that the Artwork in this Agreement shall be the result of the artistic effort of the Artist and that, unless otherwise stipulated, the Artwork shall be a unique edition of one. 6.2 Risk of Loss. The Artist shall bear the full risk of loss of, or damage to, the Artwork until all services have been completed and the Artwork is accepted by the City. 7. Assignment and Subcontracting. A material element of this Agreement is the personal skill, judgment and creativity of the Artist. Therefore, the Artist shall not assign, transfer or subcontract the creative and/or artistic portions of the Artwork to another party without the express prior written approval of the City. 8. Rights Regarding Artwork. 8.1 Copyright. It is understood and agreed that the Artist shall at all times retain ownership to all copyright. 8.2 Right of Ownership. Title to the completed physical Artwork shall vest in the City. Upon receipt of final payment, Artist shall transfer all rights of ownership in the Artwork to City. Artist specifically waives and releases all rights, including all rights of attribution, integrity, replication, distribution, or reproduction, which Artist may have in the Artwork as provided by 17 U.S.C. §§106A and 113(d). The Artist acknowledges and affirms that pursuant to 17 U.S.C. §106A(e), such waiver and release shall be effective as to any and all uses foreseeable and unforeseeable for which such Artwork might be subject. The Artist reserves all other copyrights under 17 U.S.C. §101, et seq. Artist waives and assigns to City all other rights in the Artwork. Artist represents to City that the Artist alone is possessed of the rights transferred or waived above and that Artist is lawfully entitled to transfer or waive all such rights. Upon Final Acceptance, the Artist shall grant to City a perpetual license to all copyrights and the rights to display photographs, representations and use of the graphic images of the Artwork for the benefit of City such as marketing or promotional materials. Advertising and promotional use shall be defined as the worldwide placement of the graphic image in advertisement / creative / design featuring the Artwork in any media, including, but not limited to, PowerPoint, billboards, print publications, websites, social media, marketing collaterals, and annual and interim reports. 8.3 Attribution. Notwithstanding the foregoing, the City agrees to attribute the Artwork to Artist in any materials published by or licensed by the City referencing said work, and at the installation site. All reproductions by the City shall contain a credit to the Artist as follows: Blythe Armstrong, Unity Project -Barton Cemetery Entryway Design Artist, 2024. Similarly, Artist shall 287 Blythe Armstrong Artist Agreement 4 acknowledge City as follows: City of Boynton Beach Public Art Collection, in all of Artist’s reproductions of images of the Artwork. 8.4 The Artist expressly waives Artist’s Visual Artists Rights Act (VARA) rights as to removal or destruction of the Artwork. 8.5 During the performance of this Agreement and prior to the completion of the Project, the Artist specifically grants to the City the right to make presentations of the Artwork in progress and/or to photograph or otherwise reproduce faithful images of the Artwork in progress for presentational purposes. Presentation(s) of the Artwork in progress to City officials/employees and/or the public may be conducted by the City’s Representative or his/her designee without specific approval of the Artist. 9. Insurance. (NOT APPLICABLE – CITY WILL COVER MANUFACTURING INSURANCE) 9.1 Artist shall obtain and keep in force at all times during the term of this Agreement, a policy or policies of public liability and property damage insurance, protecting the City, its commissioners, officers, employees, and agents against any and all liability due to death, injury, or damage to property arising out of, or any way incidental to the creation and installation of the Artwork. Artist agrees to provide the policy or policies in comprehensive form in an amount of not less than One Million Dollar ($1,000,000.00) combined single limit, per occurrence, bodily injury, including death and property damage with an aggregate limit of no less than Two Million Dollars ($2,000,000). The insurance policy shall also contain broad form contractual coverage applicable to this Agreement and shall specifically include the indemnification clause contained in this Agreement, with minimum limits not less than that required for bodily injury and property damage. 9.2 Additional Insured. Artist must provide that the “City of Boynton Beach, its commissioners, officers, employees, and agents” are listed as additional insureds on all required policies. A certificate of insurance evidencing compliance with the requirements of this section shall be submitted to City not less than five (5) calendar days prior to the commencement of Artist’s work under this Agreement. 10. Term and Termination. 10.1 Length of Term and Commencement Date. This Agreement shall take effect upon execution by both parties (“Commencement Date”) and remain in effect until such time that the Artwork is removed, unless terminated earlier, as provided herein. 10.2 Termination for Cause. This Agreement may be terminated by either party should the other party fail to perform its obligations and such failure continues for more than thirty (30) days after written notice from the other party specifying wherein the party has failed to perform. 10.3 Termination for Convenience. The City may terminate this agreement without cause upon ten (10) days written notice to Artist. 288 Blythe Armstrong Artist Agreement 5 10.4 Procedure upon Termination. If this Agreement is terminated for cause by either party, the Artist shall be entitled to payment only for that portion of the Artwork that is completed at the time of notice of termination. The percentage of completion shall be determined by the City’s Project Manager, in their sole discretion. Additionally, if this Agreement is terminated for cause by the City, payment to Artist shall be reduced by the amount equal to any additional costs incurred by the City as a result of the termination. If this Agreement is terminated for convenience by the City, the Artist shall be entitled to payment for that portion of the Artwork that is completed at the time of termination. 11. Miscellaneous 11.1 Publicity and News Releases. The Artist shall not, during the term of this Agreement, disseminate publicity or news releases or submit for awards regarding the Artwork without prior written approval from the City’s Public Affairs Director and Project Manager. In accordance with Section 8.3, all reproduction by the City shall contain a credit to the Artist. 11.2 Pledge of Credit. The Artist shall not pledge the City’s credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Artist further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 11.3 Federal and State Taxes. The Artist shall not be exempt from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the City, nor is the Artist authorized to use the City’s Tax Exemption Number in securing such materials. The Artist shall be responsible for payment of all federal, state, and local taxes and fees incurred in connection with this Agreement. 11.4 Notices. All communications relating to the day-to-day activities shall be exchanged between the Artist and the City’s Representative. Any notices, reports, or other written communications required of the Artist by this Agreement shall be considered delivered when posted to the City or delivered in person to the City Manager. Any notices, reports, or other communications required of the City by this Agreement shall be considered delivered three (3) days after the notice is posted or the day the notice is posted to the Artist at the last address left on file with the City, or delivered in person to Artist. Until changed by notice in writing, all notices required under the terms of this Agreement shall be sent to the following: To the Artist: Blythe Armstrong 8813 Morgan Landing Way Boynton Beach, FL 33473 Email: bly.armstrong@gmail.com To the City: City of Boynton Beach Attn: City Manager 289 Blythe Armstrong Artist Agreement 6 P.O. Box 310 Boynton Beach, FL 33425 The Artist shall notify the City of changes of address, telephone or fax numbers and failure to do so, if such failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist of those provisions of this Agreement that require the express approval of the Artist. 11.5 Severability. If any term of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term of this Agreement shall be valid and enforce able to the fullest extent permitted by law. 11.6 Indemnification. The Artist warrants that the design of the Artwork does not infringe upon any other person or entity’s copyright or rights or artistic property, nor, to the Artist’s knowledge, do they violate the rights or privacy of any person or entity. The Artist agrees to indemnify the City against any final judgment for damages in any lawsuit, court settlement, or other agreed settlement with any other party based on actual breach of the Artist’s warranties or representations in this section. The Artist hereby agrees to defend and indemnify the City, its officers, employees, and agents, and hold it harmless from and against all claims and damages arising out of any act, omission, or any wrongful or negligent act of the Artist, damage to property or the environment, or bodily injury arising out of or incident or in connection wit h the Artist’s performance under this Agreement, to the extent caused by Artist’s negligence, recklessness or intentional wrongful misconduct. This indemnification shall continue indefinitely, and survive the cancellation, termination, expiration, lapse, or suspension of this Agreement. 11.7 Governing Law; Venue; Litigation. This Agreement shall be construed and interpreted, and the rights of the parties determined, in accordance with Florida law. The Artist and City Submit to the jurisdiction of Florida courts and the federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be in exclusively in Palm Beach County, Florida, or the Federal Southern District of Florida. Artist agrees to waive all defenses to any suit filed in Florida based on improper venue or forum nonconveniens. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. 11.8 Public Records. Artist shall comply with the applicable provisions of Chapter 119, Florida Statutes. Specifically, Contractor shall: a. Keep and maintain public records required by the City in order to perform the services; b. Upon request from the City’s custodian of public records, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of 290 Blythe Armstrong Artist Agreement 7 the contract term and following completion of the contract if the Artist does not transfer the records to the City; and d. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Artist, or keep and maintain public records required by the City to perform the service. If the Artist transfers all public records to the City upon completion of the contract, the Artist shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Artist keeps and maintains public records upon completion of the contract, the Artist shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records in a format that is compatible with the information technology systems of the City. e. The failure of Artist to comply with the provisions set forth in the Agreement shall constitute a default and breach of the Agreement, for which, the City may terminate the Agreement. Failure to comply with said statutory requirements may subject Artist to penalties under section 119.10, Florida Statutes, as amended. IF THE ARTIST HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ARTIST'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY CLERK, WHO IS THE CITY’S CUSTODIAN OF PUBLIC RECORDS, AT CITY CLERK, P.O. BOX 310, BOYNTON BEACH, FLORIDA, 33425, 561-742-6061, CITYCLERK@BBFL.US. 11.9 No Solicitation. The Artist represents and certifies that Artist has not employed or retained any person employed by the City to solicit or secure this Agreement and has not offered to pay, paid or agreed to pay any person employed by the City, or City official, any fee, commission, percentage, brokerage fee or gift of any kind contingent upon or resulting from the award of this Agreement. 11.10 Public Entity Crimes Act. In accordance with Fla. Stat. Sec. 287.134, Artist certifies that Artist, its affiliates, suppliers, subcontractors and contractors who will perform under this Agreement have not been placed on the Convicted Vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date of this Agreement and that execution of the Agreement will not violate the statute. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 11.11 Scrutinized Companies Lists. Pursuant to Fla. Stat. Sec. 287.135, Artist represents that Artist is not on the Scrutinized Companies that Boycott Israel List, maintained by the State of Florida, and is not engaged in a boycott of Israel. 11.12 Verification of Employment Eligibility. Artist represents that Artist and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry 291 Blythe Armstrong Artist Agreement 8 into this Agreement will not violate that statute. If Artist violates this section, City may immediately terminate this Agreement for cause and Artist shall be liable for all costs incurred by City due to the termination. 11.13 Independent Contractor. The Artist is an independent contractor and nothing in this Agreement shall be construed to constitute the Artist as an employee, agent, or representative of the City. The Artist shall not be supervised by an employee or agent of the City. 11.14 Examination of Books and Records. The Artist and City shall maintain books and records as are necessary to account fully and completely for this Agreement. Such books and 292 Ty Penserga, Mayor 293 Barton Memorial Cemetery Entryway Feature Funded by the Mellon Foundation (Unity Project) 294 HISTORIC BARTON MEMORIAL PARK CEMETERY Public Art Location – 561 NW 12 th Ave The City received a grant for an innovative art project to design an entryway feature for the Historic Barton Memorial Park Cemetery. Two candidates were selected from a “call to artist” and invited to make a presentation at the Art Advisory Board meeting on August 8, 2024. The selected design winner is Blythe Armstrong and she will receive a $5,000 honorarium. 295 HISTORIC BARTON MEMORIAL PARK CEMETERY Art Design Entryway Proposal – Blythe Armstrong Symbolism and local iconography Pineapples (history, hospitality) Point Sienna (rest) Paradise Option A: Gate doors swing in while positioned directly on top of the block/pillars Option B: Gate affixed to two posts behind the blocks, swing in to open Option C: Sliding gate 296 Option A Gate Mechanisms:For the gate to be able to fully open while being on the blocks it needs to have a gap on the outer ends of the base of the gate. The measurement of the distance from the widest set of points (shown in blue) must be the same (or slightly larger) as the length of the gap (shown in red) at the base of the gate. HISTORIC BARTON MEMORIAL PARK CEMETERY Art Design Entryway Proposal – Blythe Armstrong 297 Attend Art Advisory Board meeting on Thursday, September 12, 2024 at 6:30 PM for final board approval Present proposal during October 1, 2024 City Commission Meeting for final City approval on the proposed design HISTORIC BARTON MEMORIAL PARK CEMETERY Art Design Entryway Proposal – Blythe Armstrong Next Steps 298 1 RESOLUTION NO. R23-130 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO 5 SIGN THE GRANT AGREEMENT FOR THE $100,000 6 HUMANITIES IN PLACE GRANT AWARDED TO THE CITY OF 7 BOYNTON BEACH FROM THE MELLON FOUNDATION; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, on May 23rd,2023,the City of Boynton Beach submitted a grant application 12 to the Mellon Foundation to support the Unity Project; and 13 WHEREAS, the Unity Project is an innovative art collaboration between the community 14 of Boynton Beach, the Public Art department, and artists to commemorate the 100 years since 15 the passage of Ordinance 37 which mandated residential segregation in Boynton Beach; and 16 WHEREAS, on July 31, 2023, The Mellon Foundation approved a grant of $100,000.00 17 to support artist fees and public programming for the project; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that 19 it is in the best interests of the residents of the City to authorize the City Manager to sign the 20 Grant Agreement for the $100,000 Humanities in Place grant awarded to the City of Boynton 21 Beach from the Mellon Foundation. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby S:\CA\RESO\Agreements\Grants\Mellon Grant-Reso.docx 299 28 approve and authorize the City Manager to sign the Grant Agreement for the $100,000 29 Humanities in Place grant awarded to the City of Boynton Beach from the Mellon Foundation, 30 a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 5th day of September, 2023. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor—Ty Penserga 38 39 Vice Mayor—Thomas Turkin 40 41 Commissioner-Angela Cruz 42 43 Commissioner-Woodrow L. Hay 44 1.7 45 Commissioner-Aimee Kelley 46 47 VOTE 48 49 50 AhST:ST: 51 52 Mi $ 53 Mayl:e ' - Jesus, MP MMC e. 4'ga 54 City er Mayr 55 56 J N•BFgc` APPROVED AS TO FORM: 57 (Corporate Seal)12•e° SATE •. y °+ 58 O o .Vs:09 #$i C59iGO Q Z $ 111 61 11` x '•.""FL4\ O David N. Tolces 62 Interim City Attorney 63 64 S:\CA\RESO\Agreements\Grants\Mellon Grant-Reso.docx 300 DocuSign Envelope ID:F503D854-167C-4FDA-B0D1-260FDD104641 of\ Mellon FoLndation July 28, 2023 Daniel Dugger City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach, Florida 33435 Dear Daniel Dugger: The Andrew W. Mellon Foundation (the "Foundation") is pleased to inform you that we have approved a grant of 100,000 to the City of Boynton Beach ("your organization"), for use over 12 months, to support artist fees and public programming for The Unity Project, in accordance with the proposal finalized on July 13, 2023 (the "Proposal", and collectively the"Project"). We ask that all future correspondence regarding the grant use the reference number 2212-14459. In accepting these funds, your organization agrees to comply with the following terms. Use of Funds. Under United States law, Foundation grant funds may be used only for charitable, scientific, literary, or educational purposes. Your organization agrees that the grant funds will be used exclusively for the purposes described in your organization's Proposal and the approved budget. Your organization agrees to obtain the Foundation's prior approval for any material changes to the grant terms. The Foundation also expects that the funds will be managed in a prudent manner that is consistent with the purposes and term of the grant. Any grant funds not expended or committed for the purposes of the grant, or within the grant period stated above, will be returned to the Foundation unless otherwise agreed by the Foundation. The grant award is made to the City of Boynton Beach and may not be transferred or assigned without the advance written approval of the Foundation. Payment Terms. Payment of grant funds will be made in accordance with the attached payment schedule after the Foundation receives the countersigned version of this agreement. Grant Reports. Your organization will report to the Foundation on the progress of the grant through narrative and financial reports according to the attached report schedule. Each financial report should provide an accounting of the expenditures of grant funds. If the grant involves work undertaken by collaborating institutions, your organization is responsible for reporting on the activities and expenditures of the collaborating organizations. Grant Work Products and Project Documentation. To ensure that your organization will have sufficient legal rights to carry out the Project, your organization confirms that all copyright interests in materials produced as a result of this grant ("Grant Work Products")will either be owned by(a) your organization or(b)one or more third parties e.g., artist(s), scholar(s), collaborator(s))who have conveyed in writing sufficient rights and permissions for use of the Grant Work Products in connection with the Project. Your organization will obtain all other necessary rights and permissions for the supported work so that the grant activities and use of Grant Work Products (in accordance with any terms of use set by your organization), including any use by the Foundation of Grant Work Products and Project Documentation (defined below)authorized in this agreement, will not infringe on or violate the intellectual property, publicity, privacy, or other rights of any person. Your organization agrees to make final Grant Work Products available, as described in the Proposal, for educational or charitable purposes. 301 DocuSign Envelope ID: F503D854-167C-4FDA-B0D1-260FDD104641 As described in the Proposal, your organization plans to document the grant activities with visuals, photographs, audio, other media products, and/or archival materials ("Project Documentation") and agrees to provide the Foundation with copies of Project Documentation with your organization's grant reports or at other times during the grant term. The Foundation also welcomes receiving copies of depictions of earlier iterations of the Project and stock promotional imagery of your organization which shall also be treated as Project Documentation under this Agreement. Further, your organization grants to the Foundation a free, non-exclusive, irrevocable, sublicensable, worldwide license of all rights under copyright to use (1)final Grant Work Products intended for a public audience, and (2) Project Documentation provided by your organization to the Foundation, in each case only to promote the Project or for the Foundation's charitable purposes, including on the Foundation's website, social media platforms, and all other mediums. Grant Disclosure and Publicity. The Foundation will include summary information about this grant in its annual report and other similar public reports, tax returns, and public grants database, and may share such summary information in response to inquiries or elsewhere. The Foundation may also promote this grant on its website and social media channels, and in press releases, newsletters, and other public communications and media products; any promotional content which discusses the grant in detail and/or narrative form will be shared with your organization in advance for input. If you wish to make your own press announcement that includes the Foundation's name or logo, please consult with the Foundation's Communications Department in advance by contacting media(c mellon.orq. Grantee Control of Funds. Your organization confirms that, while the Foundation is providing support for the Project, your organization retains full discretion and control of the conduct of the Project, including over the process of selecting any persons or organizations (such as employees, independent contractors, consultants, vendors, secondary grantees, or other Project participants)to carry out the purposes of this grant. Accordingly, your organization acknowledges that the Foundation will not be responsible for any actions of your organization regarding the Project. Recordkeeping. Grantees are required to retain accounting records, detailing all receipts and expenditures of grant funds, for three years following submission of the final grant report. The Foundation reserves the right to conduct audits, including on-site audits with reasonable notice, at any time during the term of the grant, and within three years after completion of the grant. Your organization agrees to cooperate in the audit and provide information to the Foundation or its representatives as necessary. Organizational Tax Status. Your organization certifies that it is a government entity or instrumentality. Your organization will advise the Foundation immediately if there is any change in that status or in its organizing documents. Limitations on Lobbying and Political Activity. Your organization confirms that Foundation grant funds will not be used by your organization: a) To conduct lobbying or otherwise attempt to influence legislation (within the meaning of Internal Revenue Code Section 4945(d)(1)); or b) To influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive (as prohibited under Internal Revenue Code Section 4945(d)(2)). Compliance with Laws. In carrying out the Project, your organization will comply with all applicable local, state, federal, and international laws, regulations, and rules, including data privacy and intellectual property laws. Workplace Conduct Standards. The Foundation gives high priority to the realization of equality of opportunity for all members of society. Accordingly, the Foundation expects that your organization seeks to foster a workplace that is free from discrimination, harassment, and workplace misconduct; takes appropriate affirmative steps to encourage equal employment opportunities for women and underrepresented groups to the fullest extent allowable under applicable law; and has established appropriate policies and procedures for training staff, receiving and addressing 2 302 DocuSign Envelope ID: F503D854-167C-4FDA-BOD1-260FDD104641 complaints regarding sexual harassment and other forms of workplace misconduct, and prohibiting retaliation against persons who make good faith complaints. Notification and Cooperation. Your organization agrees to promptly notify the Foundation of any of the following: 1)significant organizational changes during the term of the grant, including, but not limited to, changes in key personnel and changes in tax status, (2) unless prohibited by law, (a) reported concerns about the legality or propriety of the grant activities or use of Foundation funds, and (b)the filing of a claim in any court or with any governmental agency alleging: (i) sexual or other harassment, discrimination, a hostile work environment, or similar claims regarding the activities of your organization related to, or that may have an impact on, the Project; (ii)financial impropriety by your organization related to, or that may have an impact on, the Project; or(iii) breach of fiduciary obligations by senior leadership or the board of your organization related to, or that may have an impact on, the Project. In the event the Foundation learns of allegations of impropriety, illegality, or workplace misconduct through notification by your organization or third parties, your organization agrees, to the extent legally permitted, to cooperate with reasonable requests of the Foundation to understand your organization's policies, procedures, and practices, including what steps were taken in response to the allegations. Right to Discontinue Funding and Require Return of Funds. The Foundation reserves the right to modify the grant, discontinue funding, or terminate the grant at any time if(1) your organization fails to materially comply with the terms of this agreement, (2)any statements, representations, certifications, or documents provided by your organization are later determined to be false or materially misleading, or(3)the Foundation determines, in its reasonable judgement, that your organization has become unable to carry out the purpose of the grant as stated in this agreement. In any such event, your organization agrees, at the Foundation's request, to repay the unexpended grant funds and grant funds that have not been used in furtherance of the purposes of the Project, or redirect them to another organization chosen by the Foundation to carry out the purposes of the grant. Choice of Law and Jurisdiction. This Agreement will be governed by the laws of the State of New York, without giving effect to its conflict of law principles. The Parties consent to jurisdiction of any suit with respect to this Agreement in New York County, New York. We ask that the City of Boynton Beach indicates its consent to these terms by having an individual with corporate authority sign below. The Foundation will not make payments on this grant until we have received a complete, countersigned copy of this agreement. Please keep a copy for your files. On behalf of the Foundation, may I extend every good wish for the success of this endeavor. Sincerely, DocuSigned by: DF8BB789DAF64B5.. Elizabeth Alexander President 3 303 DocuSign Envelope ID: F503D854-167C-4FDA-BOD1-260FDD104641 City of Boynton Beach By: M Name: a rtrw-e.\ \ 1 . - Or Title: C l I& Q.r Date: I L 1 JGM/MXM REPORTING AND PAYMENT SCHEDULE Report Schedule Report Type Due Date Final Report 10/31/2024 Payment Schedule Payment Amount Scheduled Date* Wire Transfer Details Bank Name: Bank of America 100,000 8/9/2023 Account Number: 001611435311 Routing Number: 026009593 Please note that payment will not be made until the Foundation receives a countersigned grant agreement. Please notify the Foundation of any changes in your organization's banking information. 4 304 City of Boynton Beach Agenda Item Request Form 6.J Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-215- Approve Permit Application, Notice of Commencement, and Permission to Install forms submitted by Fast Signs - Lake Worth, to install a Monument Sign in front of the Boynton Beach Arts & Cultural Center. Requested Action: Staff recommends approval of Proposed Resolution No. R24-215. Explanation of Request: The Arts & Cultural Center has been open to the public for more than three years. The building is currently unidentifiable due to not having outdoor signage in front of the building. How will this affect city programs or services? By installing a monument sign citizens and visitors will be able to find the Arts & Cultural Center. Fiscal Impact: The sign will cost $14,260.85. Attachments: R24-215 Agenda_item_2137-2023_Resolution_for_fastsign_forms.docx Exhibit A to Resolution - Authorization form Exhibit A to Resolution NOTICE OF COMMENCEMENT Exhibit A to Resolution Building permit application PO#241637 Fast Signs-Arts & Cultural Center Monument Sign.pdf Boynton Arts Center - Monument Sign Proof 305 RESOLUTION NO. R24-2151 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING A BUILDING PERMIT APPLICATION, NOTICE OF 4 COMMENCEMENT, AND PERMISSION TO INSTALL FORMS SUBMITTED BY BAXTER 5 ADVENTURES, INC., D/B/A FASTSIGNS LAKE WORTH, TO INSTALL A MONUMENT 6 SIGN IN FRONT OF THE BOYNTON BEACH ARTS & CULTURAL CENTER; AND FOR 7 ALL OTHER PURPOSES. 8 9 WHEREAS, the Art and Culture division of the City purchased a monument sign to be 10 installed in front of the Arts and Cultural Center. In order for the installation to be completed, the 11 City must sign the Building Permit Application, Notice of Commencement, and Permission to 12 Install forms submitted by Baxter Adventures, Inc., d/b/a Fastsigns Lake Worth; and 13 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 14 best interests of the city's citizens and residents to approve a Building Permit Application, Notice 15 of Commencement, and Permission to Install forms submitted by Baxter Adventures, Inc., d/b/a 16 Fastsigns Lake Worth, to install a monument sign in front of the Boynton Beach Arts & Cultural 17 Center. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 20 BEACH, FLORIDA, THAT:21 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption.23 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 24 approve a Building Permit Application, Notice of Commencement, and Permission to Install forms 25 submitted by Baxter Adventures, Inc., d/b/a Fastsigns Lake Worth, to install a monument sign in 26 front of the Boynton Beach Arts & Cultural Center, in form and substance similar to that attached 27 as “Exhibit A.“28 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 29 authorizes the Mayor to execute the forms. The Mayor is further authorized to execute any 30 ancillary documents as may be necessary to accomplish the purpose of this Resolution.31 SECTION 4.The executed forms shall be provided to Craig Clark for further processing.32 306 SECTION 5.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 307 September 4, 2024 To: City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 RE: Boynton Beach Arts & Cultural Center This letter serves as authorization for Fastsigns Lake Worth and their agents to install a sign at 125 E Ocean Ave, Boynton Beach, FL 33435. The sign has the landlord’s approval. Thank You, Signature: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this (Date) by (Name of person acknowledging) who is personally known to me or has produced (Type of Identification) as identification and who did / did not take an oath. SEAL (Signature of person taking acknowledgment) (Name of person taking acknowledgment typed, printed or stamped 308 □ □ ______________________________________ ________________________________________________________________________________________________________________________________________________ ________________________________________________________ ____________________________________________________ Instrument Prepared By: Name: _______________________________________ Address:_______________________________________ PERMIT NUMBER: _________________________ NOTICE OF COMMENCEMENT The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement. 1. DESCRIPTION OF PROPERTY (Legal description of the property & street address, if available) TAX FOLIO NO (PCN).: ______________________________________ Legal Description _______________________________________________________________________________________________________________________________ 2. GENERAL DESCRIPTION OF IMPROVEMENT: _____________________________________________________________________________________________ 3. OWNER INFORMATION OR LESSEE INFORMATION IF THE LESSEE CONTRACTED FOR THE IMPROVEMENT: a. Name and address: _____________________________________________________________________________________________________________________ b. Interest in property: ___________________________________________________________________________________________________________________________ c. Name and address of fee simple titleholder (if different from Owner listed above): ___________________________________________________________________________ 4. a. CONTRACTOR’S NAME: _________________________________________________________________________________________________________________ Contractor’s address: _______________________________________________________________________ b. Phone number: _____________________________ 5. SURETY (if applicable, a copy of the payment bond is attached): a. Amount of bond: _____________ b: Phone number: __________________________________ c. Name and address: ______________________________________________________________________________________________________________________________ 6. a. LENDER’S NAME: _________________________________________________________________________________________________________________ Lender’s address: ________________________________________________________________________b. Phone number: _______________________________ 7. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13 (1) (a) 7., Florida Statutes: a. Name and address: _____________________________________________________________________________________________________________________ b. Phone numbers of designated persons: _____________________________________________________________________________________________________ 8. a. In addition to himself or herself, Owner designates __________________of ________________________to receive a copy of the Lienor’s Notice as provided in Section 713.13 (1) (b), Florida Statutes. b. Phone number of person or entity designated by Owner: _____________________________________________________________________________________ 9. Expiration date of notice of commencement (the expiration date will be 1 year from the date of recording unless a different date is specified):____________, 20____ WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. (Signature of Owner or Lessee, or Owner’s or Lessee’s (Print Name and Provide Signatory’s Title/Office) Authorized Officer/Director/Partner/Manager) State of ____________________________ County of _________________________ The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this __________ day of ____________________, 20______________ by ___________________________________, (name of person) as ________________________________________________ for __________________________________________________. (name of party on behalf of whom instrument was executed) (type of authority…e.g. officer, trustee, attorney in fact) Personally Known _____ or Produced Identification______ Type of Identification Produced _____________________________ Notary _______________________________________________ (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) Rev.08-15-22 309 UNIVERSAL COUNTY-WIDE/MUNICIPAL BUILDING PERMIT APPLICATION FORM January 2020 Edition Approved for use throughout Palm Beach County and Municipalities FOR OFFICE USE ONLY FBC Version:______________ Permit Type: _______________ Accepted By:____________ Application Date: _____________ Application #:________________________________________ 1 KIND of PERMIT (CHECK ONE): □ PRIMARY PERMIT □ SUB-PERMIT -If Fee & Value of a Sub-Permit are covered under a Primary Permit, complete boxes 1, 3, 4, 5, 6 & 8 only to apply. If not covered under a Primary Permit, complete the entire application to apply. PRIVATE PROVIDER: □ PLAN REVIEW □ INSPECTIONS 2 PROPERTY OWNER:_______________________________________ TENANT:________________________________________________ ADDRESS: ____________________________________UNIT:______ CITY: __________________________STATE: ______ZIP:__________ PHONE: __________________________FAX:___________________ EMAIL:__________________________________________________ 3 TRADE (CHECK ONE): □ STRUCTURAL □ ROOFING □ ELECTRICAL □ MECHANICAL □ PLUMBING □ FIRE □ GAS □ OTHER: _______________________________ PRIMARY PERMIT #: _____________________ 4 PROJECT NAME: _____________________________________________ PCN: __ __-__ __-__ __-__ __-__ __-__ __ __-__ __ __ __ LEGAL DESCRIPTION:__________________________________________ PROJECT ADDRESS: _____________________________________________ CITY: _______________________________________________________ 5 FURTHER WORK DESCRIPTION: ____________________________________________________________________________ Type of Work: □ New □ Addition □ Alteration □ Repair □ Demo □ Temporary □ Other VALUE: _____________ PERMIT FEE: ____________ NET S.F (for SFD’s): ____________ (SEE FEE SCHEDULE) (AS APPLIES) (AS APPLIES) 6 □ OWNER BUILDER PER FL. ST. 489 (AS NAMED ABOVE, FOR CONTACT INFORMATION SEE BOX 2) □ CONTRACTOR (CERT. HOLDER): _______________________________________________ License #: ________________________ DBA (COMPANY NAME): _______________________________________ Contact Person: ________________________________ ADDRESS: _____________________________________STE:______ CITY: ____________________STATE: ________ ZIP:________ PHONE: ____________________________ FAX: _______________________ EMAIL: ________________________________________ Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc. OWNER’S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. 7 ________________________________________________________________________________ (Signature of Owner or Agent) (including contractor) Print Name: _______________________________________ NOTARY REQUIRED IF $ 2,500 OR MORE, OR FOR ALL OWNER / BUILDERS REGARDLESS OF $ VALUE STATE OF FLORIDA COUNTY OF _______________________________________ Sworn to (or affirmed) and subscribed before me this _______ day of __________________, 20 , by 8 ________________________________________________________________________________ (Signature of Contractor) Print Name: ________________________________________ NOTARY REQUIRED IF $ 2,500 OR MORE, OR FOR ALL OWNER / BUILDERS REGARDLESS OF $ VALUE STATE OF FLORIDA COUNTY OF ________________________________________ Sworn to (or affirmed) and subscribed before me this _______ day of _____________________, 20_ , by ____________________________________________________ (Name of person making statement) _________________________________________________ (Signature of Notary Public -State of Florida) _________________________________________________ (Print, Type, or Stamp Commissioned Name of Notary Public) Physical Presence _____ OR Online Notarization _____ Personally Known _____ OR Produced Identification _____ Type of Identification Produced ______________________________ ____________________________________________________ (Name of person making statement) _________________________________________________ (Signature of Notary Public -State of Florida) _________________________________________________ (Print, Type, or Stamp Commissioned Name of Notary Public) Physical Presence _____ OR Online Notarization _____ Personally Known _____ OR Produced Identification _____ Type of Identification Produced ______________________________ Page 1 of 2 310 FEE SIMPLE TITLEHOLDER, BONDING COMPANY, ARCHITECT/ENGINEER AND MORTGAGE LENDER INFO IS REQUIRED WHEN THE AGGREGATE VALUE (TOTAL COST OF ALL IMPROVEMENTS & NOT JUST WORK AUTHORIZED BY THE INDIVIDUAL PERMIT) IS $2,500 OR MORE (EXCEPT HVAC REPAIR /REPLACEMENT < $7500). PLEASE ADDRESS ALL ITEMS. 9 10 Fee Simple Titleholder’s Name (If other than owner): ____________ Bonding Company: ________________________________ __________________________________________________________________ ________________________________________________ Fee Simple Titleholder’s Address (If other than owner): _______ Bonding Company Address: _________________________ ________________________________________________ ________________________________________________ City: ___________________ State:_____ Zip: __________ City: _____________________ State:_____ Zip: __________ □ Same as Owner □ Not Applicable 11 12 Architect/Engineer’s Name: ________________________ Mortgage Lender’s Name: ___________________________ ________________________________________________ __________________________________________________ Architect/Engineer’s Name Address: _________________ Mortgage Lender’s Address: __________________________ ________________________________________________ __________________________________________________ City: ______________________ State:_____ Zip: __________ City: ________________________ State:_____ Zip: __________ □ Not Applicable □ Not Applicable WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. NOTICE TO CONTRACTOR: FOR A DIRECT CONTRACT GREATER THAN $2,500 (EXCEPT FOR HVAC SYSTEM REPAIR OR REPLACEMENT LESS THAN $7500), FLORIDA STATUTES REQUIRE THE APPLICANT TO FILE WITH THE ISSUING AUTHORITY, PRIOR TO THE FIRST INSPECTION, EITHER A CERTIFIED COPY OF THE RECORDED (BY OWNER) NOTICE OF COMMENCEMENT OR A NOTARIZED STATEMENT (BY OWNER) THAT THE NOTICE OF COMMENCEMENT HAS BEEN FILED FOR RECORDING, ALONG WITH A COPY THEREOF. IN THE ABSENCE OF A CERTIFIED COPY OF THE RECORDED NOTICE OF COMMENCEMENT, NO SUBSEQUENT INSPECTIONS CAN BE PERFORMED UNTIL THE APPLICANT FILES SUCH CERTIFIED COPY WITH THE ISSUING AUTHORITY. THE CERTIFIED COPY OF THE NOTICE OF COMMENCEMENT MUST CONTAIN THE NAME AND ADDRESS OF THE O WNER, THE NAME AND ADDRESS OF THE CONTRACTOR, AND THE LOCATION OR ADDRESS OF THE PROPERTY BEING IMPROVED. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. FOR APPLICATIONS SUBMITTED UNDER THE PRIVATE PROVIDER PROVISIONS OF F.S. SECTION 553.791, THIS APPLICATION IS NOT CONSIDERED COMPLETE OR SUFFICIENT FOR PURPOSES OF SUBMISSION TO THE BUILDING DEPARTMENT UNTIL THE APPLICANT SECURES ALL NECESSARY APPROVALS FROM OTHER DEPARTMENTS OR AGENCIES INCLUDING, BUT NOT LIMITED TO, PLANNING, ZONING, ENGINEERING, FIRE RESCUE, ENVIRONMENTAL, AND THE FLORIDA DEPARTMENT OF HEALTH. OFFICE USE ONLY BELOW THIS LINE 13 CODE EDITION/NOTES: ______________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 14 USE (CHECK ONE): □ 1 & 2 FAMILY □ TOWNHOUSE □ CONDOMINIUM □ MULTI-FAMILY □ COMMERCIAL □ INDUSTRIAL □ AGRICULTURAL -BLDG CODE EXEMPT □ OTHER: _____ _________________________________________________ □ USE CHANGE: ___________________________________ ________________________________________________ Page 2 of 2 311 312 313 314 315 316 317 318 City of Boynton Beach Agenda Item Request Form 6.K Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-216- Approving the conditional settlement and release in the amount of $100,000 for the resolution of Kathryn Matos v. City of Boynton Beach, EEOC Charge No. 510-2024 and related claims. Requested Action: Staff recommends approval of proposed Resolution No. R24-216. Explanation of Request: Kathryn Matos has served as the City’s Assistant City Manager since 2019. Ms. Matos filed an EEOC charge against the City of Boynton Beach, alleging violations of the Americans with Disabilities Act and the Florida Civil Rights Act, and related damages. Ms. Matos’ charge is based on the alleged unauthorized disclosure of Ms. Matos’ private health information to the Mayor and the media by the City’s former Director of Human Resources, Tennille DeCoste. The Settlement Agreement provides for payment of $100,000 for the settlement and release of Ms. Matos’ EEOC claim against the City, including all attorney’s fees and costs. Concurrently with the Settlement Agreement, Ms. Matos will also execute a Separation Agreement, resigning her employment with the City and releasing the City from any and all claims related to her employment. Ms. Matos will receive payment of her severance and any accrued time off (vacation and sick leave) per City policies. Ms. Matos reserves the right to pursue legal action against Ms. DeCoste in her personal capacity. The City Code provides that the settlement of all claims over $50,000 requires approval from the City Commission. How will this affect city programs or services? The City does not admit liability in this matter by approving the settlement. If the Commission chooses not to approve the settlement, the litigation between the parties will continue resulting in further fees and costs to the City. Fiscal Impact: Approval will result in payment of a $100,000 settlement plus Ms. Matos' severance and accruals. Upon approval, Ms. Matos' position will be eliminated, resulting in savings to the City and the reduction of 1 FTE. Attachments: R24-216 Agenda_Item_2184-2023_Matos_Settlement__1_.docx Exhibit A to Resolution.pdf Exhibit B to Resolution.pdf EEOC_Charge_06.19.24_Redacted.pdf 319 Separation Agreement Execution Version.pdf 320 RESOLUTION NO. R24-2161 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE CONDITIONAL SETTLEMENT 4 AGREEMENT AND RELEASE OF KATHRYN MATOS V. CITY OF 5 BOYNTON BEACH, EEOC CHARGE NO. 510-2024 FOR THE AMOUNT OF 6 $100,000, PROVIDING AN EFFECTIVE DATE, AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS,the Code of Ordinances of the City of Boynton Beach, Florida, provides that 10 the authority for settlement of all claims in excess of $50,000 shall require approval of the City 11 Commission by formal resolution; and12 WHEREAS, Ms. Matos brought a claim for damages stemming from alleged violations of 13 the Americans with Disabilities Act and the Florida Civil Rights Act by the former Director of 14 Human Resources, Tennille DeCoste, that occurred on or about December 19, 2023, in EEOC Claim 15 No. 510-2024; and16 WHEREAS, a Conditional Settlement Agreement and Release was reached with Ms. Matos17 and her attorney for a total amount of $100,000 in exchange for general release of all claims, 18 including all attorney’s fees and costs; and19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 20 the best interests of the citizens and residents of the City of Boynton to approve the Conditional 21 Settlement Agreement and Release of EEOC Claim No. 510-2024 totaling $100,000.22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 23 BEACH, FLORIDA, THAT:24 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 SECTION 2.The City Commission herebyapprovesthe $100,000 Conditional Settlement 28 Agreement and Release, attached hereto as “Exhibit A”and “Exhibit B”and authorizes the 29 Mayor to sign the Conditional Settlement Agreement and Release and any ancillary documents.30 SECTION 3.The fully executed Conditional Settlement Agreement and Release shall be 31 provided to the City Clerk to be retained as a public record of the City.32 321 SECTION 4.This Resolution shall take effect as provided by law.33 PASSED AND ADOPTED this 23rd day of September 2024.34 CITY OF BOYNTON BEACH, FLORIDA35 YES NO36 Mayor – Ty Penserga _____ _____37 38 Vice Mayor – Aimee Kelley _____ _____39 40 Commissioner – Angela Cruz _____ _____41 42 Commissioner – Woodrow L. Hay _____ _____43 44 Commissioner – Thomas Turkin _____ _____45 46 VOTE ______47 ATTEST:48 49 ___________________________________________________________50 Maylee De Jesús, MPA, MMC Ty Penserga51 City Clerk Mayor52 53 APPROVED AS TO FORM:54 55 (Corporate Seal)_______________________________56 Shawna G. Lamb57 City Attorney58 322 Conditional Settlement Agreement Page 1 of 4 CONDITIONAL SETTLEMENT AGREEMENT Case Name: KATHRYN MATOS v. CITY OF BOYNTON BEACH File No.: 24-0506 The parties, KATHRYN MATOS (hereinafter referred to as the “Plaintiff”) and CITY OF BOYNTON BEACH (hereinafter referred to as the “City”), have reached a settlement of all claims that Plaintiff may have against the City and its respective officials, officers, employees or agents, in their official or individual capacity, employees, Commissioners, insurers (except as provided herein), insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups (collectively, the “Releasees”). This settlement specially includes, but is not limited to, any and all claims against the City of Boynton Beach in the above- styled claim. City agrees to pay the total amount of ONE HUNDRED THOUSAND and 00/100 Dollars ($100,000.00) to the Plaintiff as compensation for Plaintiff’s alleged compensatory damages for personal injury caused by emotional distress based upon Plaintiff’s representation that she has suffered a demonstrable personal injury, and attorneys’ fees and costs for which Plaintiff and Plaintiff’s counsel shall receive a Form 1099-MISC (Other Income). This payment will be made payable to the Trust Account of Sass Law Firm (o/b/o Plaintiff) and received by Plaintiff’s counsel within 30 calendar days of the date the City approves this settlement agreement. Plaintiff and Plaintiff’s counsel agree to provide the City with the required Form W-9s. The parties to this agreement acknowledge that this settlement agreement is contingent upon further approval as set in the City’s Charter and Codes relative to the settlement of claims, which the City will seek by September 30, 2024. If the City does not approve this Conditional Settlement Agreement and the General Release between the parties, this Agreement shall be null and void and Plaintiff and the City shall be returned to the status quo before the signing of this Agreement. Plaintiff agrees to accept the said amount in a complete and total settlement of all claims that Plaintiff may have against the City and its respective officials, officers, employees (both presently or previously employed), or agents, in their official or individual capacity, from the beginning of the world to the date Plaintiff signs this Agreement. In consideration of the payment described above and mutual promises set forth in this Agreement and except as provided herein, 323 Conditional Settlement Agreement Page 2 of 4 Plaintiff, on behalf of Plaintiff, her spouse, issue, heirs, successors, current and former agents, representatives, assigns, executors, beneficiaries, and administrators, hereby releases and forever discharges the City, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups (collectively, the “Releasees”), from any and all charges, grievances, complaints, claims, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, and, whether accrued or unaccrued, liabilities, obligations, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred) of any nature whatsoever, whether in law or in equity, whether known or unknown, suspected or unsuspected, which Plaintiff ever had, has or may claim to have against the Releasees including but not limited to any claims related in any way to Plaintiff’s employment with or separation from employment with the City, EEOC Charge (Charge No. 510-2024-08512), any claims for unpaid wages, back pay, overtime, commissions, bonuses, incentive pay, vacation pay, unpaid leave, legal fees, royalties, severance or other compensation, or any claims arising under any contracts, express or implied, or any tort, including, without limitation, intentional infliction of emotional distress, harassment, discrimination, including any claim under the Age Discrimination in Employment Act, retaliation, interference, defamation, fraud and breach of duty, or any legal restrictions on the City’s right to terminate Plaintiff, and any federal, state or other governmental common law, statute, regulation or ordinance, through the date Plaintiff signs this Agreement. Notwithstanding this full and complete general release of all claims and damages, nothing herein is intended to waive any rights or claims to vested benefits in any City-sponsored retirement and/or deferred compensation plan. Nor is this release intended to waive Plaintiff’s insurance coverage and/or payment for medical claims for medical services submitted through the City’s health insurance plans prior to Plaintiff’s execution of this Agreement or her right to continuation of health insurance coverage as allowed by law or Plaintiff’s rights to any rights to indemnification under the City’s policies and procedures if anyone pursues a claim against her in her official capacity as an employee, representative or agent of the City. Should any Releasee bring a claim against Employee, Employee’s release as to that specific individual is null and void and Employee may pursue any such claims against that individual in their individual capacity. In consideration of the promises made by Plaintiff in this Agreement, the City, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or 324 Conditional Settlement Agreement Page 3 of 4 representatives, including all current and former members of the foregoing groups, in their official capacity as to each, (“City Releasors”) knowingly and voluntarily release and forever discharge Plaintiff of and from any and all claims, known and unknown, anticipated and unanticipated, asserted and unasserted, which City Releasors have or may have against Plaintiff as of the date of execution of this Agreement, including, but not limited to, any alleged violation of any federal, state or local law, rule, regulation or ordinance; any public policy, contract, tort, or common law; or any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in this matter. The Parties agree to execute the General Release attached to this Conditional Settlement Agreement as Exhibit 1, releasing each other. Plaintiff also agrees to submit a request for dismissal with prejudice of her EEOC charge to the City’s satisfaction and any other pending actions within three (3) days of the Effective Date. Plaintiff agrees to cooperate with the City’s attorneys to ensure the full dismissal of Plaintiff’s EEOC Charge. The Plaintiff agrees to execute any and all Medicare status forms according to Section 111 of the Medicare, Medicaid, SCHIP Extension Act of 2007 and the Medicare Secondary Payer Act (MSP), 42 U.S.C. § 1395y(b)(2) and §1862(b)(2)(A)/Section and § 1862(b)(2)(A)(ii) of the Social Security Act; and or any Addendum to the Separation Agreement and the General Release with regard to Medicare’s Interest that may be required by Rule of Law. Plaintiff represents that Plaintiff is not a Medicare beneficiary or receiving Medicare benefits. This Agreement, the General Release, and that Separation Agreement and Release contain the entire understanding and agreement between the Parties and shall not be modified or superseded, except upon express written consent of the Parties to this Agreement. This Agreement shall become effective on the next business day following the City Commission’s approval of this Conditional Settlement Agreement and the General Release, and the eighth day after Employee signs this agreement, unless Employee revokes it (“Effective Date”). [signatures follow on next page] 325 Conditional Settlement Agreement Page 4 of 4 Dated this day of , 2024. KATHRYN MATOS City of Boynton Beach City Attorney’s Office 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone: (561) 742-6051 SHAWNA G. LAMB City Attorney Fla. Bar No.: 0143634 326 Page 1 of 3 KM EXHIBIT 1 GENERAL RELEASE THIS INSTRUMENT is executed this day of ____________, 2024, by KATHRYN MATOS, for myself/heirs, my/our executors, administrators, and/or successors, hereinafter called “Releasor.” By executing this Instrument, Releasor acknowledges being of lawful age and of sound mind, and hereby fully, finally, and completely release and discharge CITY OF BOYNTON BEACH and the individuals and entities described below and referred to as “Releasees”, from any and all claims, rights, and actions whatsoever, for which said Releasees are or may be legally or equitably responsible or liable. NOW THEREFORE, in consideration of the sum of $100,000.00 in hand paid to the Releasor by or on behalf of Releasees, the receipt and sufficiency of which is hereby acknowledged. Releasor agrees as follows: In consideration of the payment described above and mutual promises set forth in this Release and except as provided herein, Releasor, on behalf of Releasor, her spouse, issue, heirs, successors, current and former agents, representatives, assigns, executors, beneficiaries, and administrators, hereby releases and forever discharges the Releasees, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups (collectively, the “Releasees”), from any and all charges, grievances, complaints, claims, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, and, whether accrued or unaccrued, liabilities, obligations, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred) of any nature whatsoever, whether in law or in equity, whether known or unknown, suspected or unsuspected, which Releasor ever had, has or may claim to have against the Releasees including but not limited to any claims related in any way to Releasor’s employment with or separation from employment with the Releasees, any claims for unpaid wages, back pay, overtime, commissions, bonuses, incentive pay, vacation pay, unpaid leave, legal fees, royalties, severance or other compensation, or any claims arising under any contracts, express or implied, or any tort, including, without limitation, intentional infliction of emotional distress, harassment, discrimination, including any claim under the Age Discrimination in Employment Act, retaliation, interference, defamation, fraud and breach of duty, or any legal restrictions on the Releasees’ right to terminate Releasor, and any federal, state or other governmental common law, statute, regulation or ordinance, through the date Releasor signs this Agreement. Notwithstanding this full and complete general release of all claims and damages, nothing herein is intended to waive any rights or claims to vested benefits in any City-sponsored retirement and/or deferred compensation plan. Nor is this release intended to waive Releasor’s insurance coverage and/or payment for medical claims for medical services submitted through the Releasees’ health insurance plans prior to Releasor’s execution of this Agreement or her right to continuation of health insurance coverage as allowed by law or Releasor’s rights to any rights to indemnification under the Releasees’ policies and procedures if anyone pursues a claim against Releasor in her official capacity as an employee, representative or agent of the City. Should any Releasee bring a claim against Releasor, Releasor’s release as to that specific individual is null and void and Employee may pursue any such claims against that individual 327 Page 2 of 3 KM in their individual capacity. In consideration of the promises made by Releasor in this Agreement, the City, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups, in their official capacity as to each, (“City Releasors”) knowingly and voluntarily release and forever discharge Releasor of and from any and all claims, known and unknown, anticipated and unanticipated, asserted and unasserted, which City Releasors have or may have against Releasor as of the date of execution of this Agreement, including, but not limited to, any alleged violation of any federal, state or local law, rule, regulation or ordinance; any public policy, contract, tort, or common law; or any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in this matter. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim and that the payment made is not to be construed as an admission of liability on the part of the Releasees, and that said Releasees deny liability and, therefore, intend merely to avoid unnecessary and costly litigation. The Releasor and City Releasors freely and voluntarily execute this Release after being apprised of all relevant information and data furnished by their agents, contractors, consultants, and/or attorneys. In executing this Release, the Releasor does not rely on any inducements, promises, or representations made by the Releasees or any of the Releasees’ representatives. Furthermore, no promise, inducement, or agreement not herein set forth has been made to the Releasor, and this Release contains the entire agreement between the parties hereto, and the terms of this Release are contractual and not merely a recital. Further, that the Releasor has or will discharge or indemnify, defend, and save harmless the Releasees from any and every damage claim, right, action, demand, lien, known or unknown, to either party hereto of every kind or character which may ever be asserted by reason of or in relation to the instant claim. Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree, which carries a maximum prison sentence of five years. Such actions may lead to criminal prosecution, the invalidation of this agreement, and the full refund of any and all payments received through this settlement. This Release, the Conditional Settlement Agreement between Employee and Employer, and the Separation Agreement and Release contain the entire understanding and agreement between the Parties and shall not be modified or superseded, except upon express written consent of the Parties to this Agreement. This Release shall become effective on the next business day following the City Commission’s approval of this Conditional Settlement Agreement and the General Release, and the eighth day after Employee signs this agreement, unless Employee revokes it (“Effective Date”). 328 Page 3 of 3 KM RELEASOR HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. The undersigned hereby set her hand and seal this day of , 2024. KATHRYN MATOS, RELEASOR STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 2024, by KATHRYN MATOS, who is personally known to me or who has produced ________________________ as Identification. My Commission Expires: Notary Public CITY OF BOYNTON BEACH By: Ty Penserga, Mayor Date Approved as to form by Office of the City Attorney Signature – Shawna G. Lamb 329 EEOC Form 5 (11/09) Page 1 of 2 CHARGE OF DISCRIMINATION Charge Presented To: Agency(ies) Charge No(s): This form is affected by the Privacy Act of 1974. See enclosed Privacy Act Statement and other information before completing this form. FEPA X EEOC Florida Commission on Human Relations and EEOC State or local Agency, if any I want this charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my address or phone number and I will cooperate fully with them in the processing of my charge in accordance with their procedures. NOTARY – When necessary for State and Local Agency Requirements I swear or affirm that I have read the above charge and that it is true to the best of my knowledge, information and belief. I declare under penalty of perjury that the above is true and correct. SIGNATURE OF COMPLAINANT SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE (month, day, year) Date Charging Party Signature Name (indicate Mr., Ms., Mrs.) Home Phone (Incl. Area Code) Date of Birth Kathryn Matos Email: Street Address City, State and ZIP Code Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe Discriminated Against Me or Others. (If more than two, list under PARTICULARS below.) Name No. Employees, Members Phone No. (Include Area Code) City of Boynton Beach 850 (561)742-6350 Street Address City, State and ZIP Code 100 East Ocean Avenue, Boynton Beach, FL 33435 Name No. Employees, Members Phone No. (Include Area Code) Street Address City, State and ZIP Code DISCRIMINATION BASED ON (Check appropriate box(es).) DATE(S) DISCRIMINATION TOOK PLACE Earliest Latest RACE COLOR SEX RELIGION NATIONAL ORIGIN 12/19/2023 04/19/2024 RETALIATION AGE X DISABILITY GENETIC INFORMATION OTHER (Specify) X CONTINUING ACTION THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)): I. PERSONAL HARM: I began working for the above-named employer on or about April 2020. I am currently the Assistant City Manager. I have a disability and/or record of disabilities that substantially limit one or more major life activities. On or about September and/or October 2023, I disclosed my disability and/or record of disabilities to the HR Director in confidence. After disclosing my disabilities to the HR Director, I believe she divulged my confidential medical information to the City Mayor and others and then used such information to exploit my situation to cause harm to my professional reputation by putting information in the public record intimating that I was intoxicated when I was at work. I believe this was disability discrimination. II. RESPONDENT’S REASON FOR ADVERSE ACTION: No reason was given for the disability discrimination. Kathryn Matos (Jun 18, 2024 13:37 EDT)06/18/2024 330 EEOC Form 5 (11/09) Page 2 of 2 CHARGE OF DISCRIMINATION Charge Presented To: Agency(ies) Charge No(s): This form is affected by the Privacy Act of 1974. See enclosed Privacy Act Statement and other information before completing this form. FEPA X EEOC Florida Commission on Human Relations and EEOC State or local Agency, if any I want this charge filed with both the EEOC and the State or local Agency, if any. I will advise the agencies if I change my address or phone number and I will cooperate fully with them in the processing of my charge in accordance with their procedures. NOTARY – When necessary for State and Local Agency Requirements I swear or affirm that I have read the above charge and that it is true to the best of my knowledge, information and belief. I declare under penalty of perjury that the above is true and correct. SIGNATURE OF COMPLAINANT SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE (month, day, year) Date Charging Party Signature III. STATEMENT OF DISCRIMINATION: I hereby allege that I have been discriminated against based on my disability and/or record of disability and/or a perceived disability in violation of the Americans with Disabilities Act of 1990, as amended, and the Florida Civil Rights Act of 1992, as amended. I REQUEST TO BE AFFORDED FULL RELIEF TO WHICH I AM ENTITLED UNDER THE LAW(S). Kathryn Matos (Jun 18, 2024 13:37 EDT)06/18/2024 331 CP Enclosure with EEOC Form 5 (11/09) PRIVACY ACT STATEMENT: Under the Privacy Act of 1974, Pub. Law 93-579, authority to request personal data and its uses are: 1. FORM NUMBER/TITLE/DATE. EEOC Form 5, Charge of Discrimination (11/09). 2. AUTHORITY. 42 U.S.C. 2000e-5(b), 29 U.S.C. 211, 29 U.S.C. 626, 42 U.S.C. 12117, 42 U.S.C. 2000ff-6. 3. PRINCIPAL PURPOSES. The purposes of a charge, taken on this form or otherwise reduced to writing (whether later recorded on this form or not) are, as applicable under the EEOC anti- discrimination statutes (EEOC statutes), to preserve private suit rights under the EEOC statutes, to invoke the EEOC's jurisdiction and, where dual-filing or referral arrangements exist, to begin state or local proceedings. 4. ROUTINE USES. This form is used to provide facts that may establish the existence of matters covered by the EEOC statutes (and as applicable, other federal, state or local laws). Information given will be used by staff to guide its mediation and investigation efforts and, as applicable, to determine, conciliate and litigate claims of unlawful discrimination. This form may be presented to or disclosed to other federal, state or local agencies as appropriate or necessary in carrying out EEOC's functions. A copy of this charge will ordinarily be sent to the respondent organization against which the charge is made. 5. WHETHER DISCLOSURE IS MANDATORY; EFFECT OF NOT GIVING INFORMATION. Charges must be reduced to writing and should identify the charging and responding parties and the actions or policies complained of. Without a written charge, EEOC will ordinarily not act on the complaint. Charges under Title VII, the ADA or GINA must be sworn to or affirmed (either by using this form or by presenting a notarized statement or unsworn declaration under penalty of perjury); charges under the ADEA should ordinarily be signed. Charges may be clarified or amplified later by amendment. It is not mandatory that this form be used to make a charge. NOTICE OF RIGHT TO REQUEST SUBSTANTIAL WEIGHT REVIEW Charges filed at a state or local Fair Employment Practices Agency (FEPA) that dual-files charges with EEOC will ordinarily be handled first by the FEPA. Some charges filed at EEOC may also be first handled by a FEPA under worksharing agreements. You will be told which agency will handle your charge. When the FEPA is the first to handle the charge, it will notify you of its final resolution of the matter. Then, if you wish EEOC to give Substantial Weight Review to the FEPA's final findings, you must ask us in writing to do so within 15 days of your receipt of its findings. Otherwise, we will ordinarily adopt the FEPA's finding and close our file on the charge. NOTICE OF NON-RETALIATION REQUIREMENTS Please notify EEOC or the state or local agency where you filed your charge if retaliation is taken against you or others who oppose discrimination or cooperate in any investigation or lawsuit concerning this charge. Under Section 704(a) of Title VII, Section 4(d) of the ADEA, Section 503(a) of the ADA and Section 207(f) of GINA, it is unlawful for an employer to discriminate against present or former employees or job applicants, for an employment agency to discriminate against anyone, or for a union to discriminate against its members or membership applicants, because they have opposed any practice made unlawful by the statutes, or because they have made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the laws. The Equal Pay Act has similar provisions and Section 503(b) of the ADA prohibits coercion, intimidation, threats or interference with anyone for exercising or enjoying, or aiding or encouraging others in their exercise or enjoyment of, rights under the Act. 332 Kathryn Matos Mutual Separation Agreement Page 1 of 9 SEPARATION AGREEMENT AND RELEASE THIS AGREEMENT is entered into by and between CITY OF BOYNTON BEACH (hereinafter referred to as “Employer”) and KATHRYN MATOS (hereinafter “Employee”) (collectively referred to as the “Parties”). In exchange for the consideration set forth below, Employer and Employee agree to the following: 1. Employer agrees to accept Employee’s resignation of employment. Employer’s personnel records will reflect that Employee resigned in good standing. Because Employee’s resignation is voluntary, she shall not be entitled to unemployment compensation. In that event, Employee must deliver a letter of resignation contemporaneously with this signed Agreement that states: “I hereby resign my employment effective [Separation Date].” No other language may be included in the resignation letter except the date of the letter and the employee’s name below her signature. Employee shall receive all pay and benefits through the Separation Date. Employee’s resignation shall be effective as of the Effective Date (“Separation Date”). If the City Commission does not approve the Conditional Settlement Agreement between the parties, Employee’s resignation shall be null and void and Employee shall be returned to the status quo ante, with no break in service in Employee’s employment record. Further, Employer agrees to remove any disciplinary or investigative documents or allegations of discipline that may have been raised against Employee as of July 15, 2024 from Employee’s personnel file, and placed in a separate Human Resources file marked void. 2. In consideration of the promises and benefits provided by Employee herein, and if Employee executes and does not revoke this Agreement, Employer will make payment of the full premiums for Employee plus family COBRA continuation coverage for Employer’s group health 333 Kathryn Matos Mutual Separation Agreement Page 2 of 9 plan in which Employee was participating on the termination date for a period of twelve (12) weeks, beginning on October 1, 2024, the date the Employee would otherwise lose coverage under such plan(s) as a result of the termination of employment (provided that the participant otherwise remains eligible for COBRA coverage during such period). The subsidy described above will not be paid directly to the Employee but rather to the City of Boynton Beach Group Health Plan. After the twelve (12) week period ends, Employee shall be fully responsible for all COBRA premiums, if Employee continues to require COBRA continuation coverage. 3. In consideration of the payment described above and mutual promises set forth in this Agreement and except as provided herein, Employee, on behalf of Employee, her spouse, issue, heirs, successors, current and former agents, representatives, assigns, executors, beneficiaries, and administrators, hereby releases and forever discharges the Employer, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups (collectively, the “Releasees”), from any and all charges, grievances, complaints, claims, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, and, whether accrued or unaccrued, liabilities, obligations, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred) of any nature whatsoever, whether in law or in equity, whether known or unknown, suspected or unsuspected, which Employee ever had, has or may claim to have against the Releasees including but not limited to any claims related in any way to Employee’s employment with or separation from employment with the Employer, EEOC Charge (Charge No. 510-2024-08512), any claims for unpaid wages, back pay, overtime, commissions, bonuses, incentive pay, vacation pay, unpaid leave, legal fees, royalties, severance or other compensation, or any claims arising under any contracts, express or implied, or any tort, including, 334 Kathryn Matos Mutual Separation Agreement Page 3 of 9 without limitation, intentional infliction of emotional distress, harassment, discrimination, including any claim under the Age Discrimination in Employment Act, retaliation, interference, defamation, fraud and breach of duty, or any legal restrictions on the Employer’s right to terminate employees, and any federal, state or other governmental common law, statute, regulation or ordinance, through the date Employee signs this Agreement. Notwithstanding this full and complete general release of all claims and damages, nothing herein is intended to waive any rights or claims to vested benefits in any Employer-sponsored retirement and/or deferred compensation plan. Nor is this release intended to waive Employee’s insurance coverage and/or payment for medical claims for medical services submitted through the Employer’s health insurance plans prior to Employee’s execution of this Agreement or her right to continuation of health insurance coverage as allowed by law or Employee’s rights to any rights to indemnification under the City’s policies and procedures if anyone pursues a claim against her in her official capacity as an employee, representative or agent of the City. Should any Releasee bring a claim against Employee, Employee’s release as to that specific individual is null and void and Employee may pursue any such claims against that individual in their individual capacity. In consideration of the promises made by Employee in this Agreement, the Employer, and its employees, Commissioners, insurers, insureds, successors, privies, assigns, agents, attorneys or representatives, including all current and former members of the foregoing groups, in their official capacity as to each, (“Employer Releasors”) knowingly and voluntarily release and forever discharge Employee of and from any and all claims, known and unknown, anticipated and unanticipated, asserted and unasserted, which Employer Releasors have or may have against Employee as of the date of execution of this Agreement, including, but not limited to, any alleged violation of any federal, state or local law, rule, regulation or ordinance; any public policy, 335 Kathryn Matos Mutual Separation Agreement Page 4 of 9 contract, tort, or common law; or any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in this matter. 4. Employee recognizes and acknowledges that the additional payments made by Employer hereunder are in excess of what Employer normally provides to employees who cease employment with Employer and that, as such, it constitutes additional consideration for the execution of the release set forth above. 5. Employee agrees that, in exchange for the payment and other additional benefits received, Employee will not institute any claims, demands, actions, or liabilities of any kind against Releasees, including, but not limited to, those related to Employee’s employment with Employer, or the separation of that employment, or otherwise. This Agreement covers both claims that Employee knows about and those that Employee may not know about that have accrued by the time of execution of this Agreement. 6. Employee recognizes that as a result of Employee’s employment with Employer, Employee has had access to Confidential Information as defined below, which is a valuable asset of the Employer and which, if disclosed or used without authorization, could cause irreparable harm to the Employer. Therefore, Employee agrees that, except as required by a lawful order of a court of competent jurisdiction or to the extent that Employee has written authorization from Employer, Employee will not, at any time or in any manner whatsoever, either directly or indirectly, reveal, divulge, disclose, or communicate to any person, firm, or corporation, or use for Employee’s benefit or the benefit of others any Confidential Information. For purposes of this Agreement, “Confidential Information” shall include any information that is confidential or exempt under Florida public records law. 336 Kathryn Matos Mutual Separation Agreement Page 5 of 9 7. Employee agrees that all property of the Employer, including, without limitation, all equipment, records, files, plans, documents, software, badges, keys, reports, research, policies, or phones in the Employee’s possession shall be and shall remain the sole property of the Employer and shall be returned to the Employer immediately, but no later than upon execution of this Agreement. Employee agrees that, after Employee separates employment from the Employer, Employee shall not, directly or indirectly, for Employee or any other person or entity, use, access, copy, or retrieve, or attempt to use, access, copy, or retrieve, any of Employer’s electronic equipment or any information on Employer’s electronic equipment. Employer and Employee will make arrangements for Employee to obtain her personal belongings. 8. Employee may be eligible for early retirement under the Employer’s pension plan. Any such early retirement benefits shall be subject to the terms and conditions of the applicable plan documents and are not hereby waived by this Agreement. 9. Employee agrees that Employee will not reapply for employment with Employer and that in the event Employee does, Employer shall have no obligation to consider Employee’s application and, further, that this Agreement shall serve as a legitimate, non-discriminatory, non- retaliatory reason for not considering such application. Further, Employee also represents that Employee has not suffered any workplace injury that has not already been reported. 10. If contacted by a prospective or new employer of Employee, Employer will only confirm dates of employment, positions held, date of separation and that Employee left in good standing, and will provide no negative information. In response to press inquiries, Employer agrees to state Employee left in good standing and that she left to pursue other opportunities and will provide no negative information regarding her (except as may be required to comply with the 337 Kathryn Matos Mutual Separation Agreement Page 6 of 9 public records law or in any legal or administrative proceedings, including, but not limited to EEOC, OIG, and/or Commission on Ethics). 11. The Parties agree not to disparage one another. For purposes of this section, disparaging statements are those that are defamatory and maliciously untrue, such that they are made with knowledge of their falsity or with reckless disregard for their truth or falsity. Employee shall not take any action or make any disparaging comments about matters regarding Employee’s employment, or the Employer, its present, former, and future board members, employees, agents, legal representatives, attorneys, successors, and assigns, or its business operations, practices, or services, except as required by law or pursuant to lawful subpoena. Employer shall not take any action or make any disparaging comments about matters regarding Employee’s employment, or Employee, except as required by law or pursuant to lawful subpoena. However, it is not a violation of this Agreement for Employee to make statements about or concerning the City of Boynton Beach as a private individual on matters of public concern. 12. In addition to all other consideration set forth herein, the parties acknowledge that Employee will receive all disbursements of vacation leave, sick leave, and severance pay described in the termination without cause by unilateral action of the City Manager section of Employee’s Employment Letter, a copy of which is attached hereto as Exhibit A. The payout of Employee’s vacation, sick leave and severance pay shall be paid pursuant to payroll with lawful deductions and direct deposited within 15 calendar days of the Effective Date. Employer agrees to provide Employee with a paystub or accounting of deductions contemporaneously with this payment. 13. If any provision of the Agreement is invalidated by a court or agency of competent jurisdiction, then all of the remaining provisions of this Agreement shall continue unabated and in full force and effect. This Agreement shall be governed by the laws of the State of Florida. Venue 338 Kathryn Matos Mutual Separation Agreement Page 7 of 9 in any action to enforce this Agreement shall lie in the State Courts situated exclusively in Palm Beach County, Florida, and any proceeding instituted under this Agreement shall be tried before a judge without a jury. In the event an action is instituted relating to or arising from this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, including an award of reasonable attorneys’ fees and costs through all appeals. 14. Employee acknowledges and agrees that pursuant to the Older Workers Benefit Protection Act, Employee has been given at least twenty-one (21) days to review and consider this Agreement. Employee may use as much of this twenty-one (21) day period as Employee wishes prior to signing this Agreement. Should Employee wish to waive this twenty-one (21) day review period, Employee may do so by initialing here: ________ or by signing and dating this Agreement in the signature block provided below. Employee and Employer agree that any material or non- material changes that may be made in this Agreement after the Agreement is initially provided to Employee shall not restart the running of this twenty-one (21) day period. Employee understands that Employee may sign this Agreement prior to the end of the twenty-one (21) day period. If Employee does so, Employee agrees that her signature was done knowingly and voluntarily, without any improper inducement by Employer. a. Employee also acknowledges and agrees that Employee has seven (7) days from the date Employee executes this Agreement within which to rescind this Agreement by providing notice in writing and delivered via hand delivery or certified mail, return receipt requested, to Shawna G. Lamb, City Attorney, 100 East Ocean Avenue, Boynton Beach, FL 33435. Employee further acknowledges that this Agreement and the release contained herein satisfy all the requirements for an effective release by Employee of all claims under the Age Discrimination in 339 Kathryn Matos Mutual Separation Agreement Page 8 of 9 Employment Act. Additionally, the Parties agree that the severance payment identified above shall not be made until the seven (7) day revocation period has expired. b. Employee further acknowledges that Employee has been advised to consult with an attorney concerning this waiver and that Employee has been given ample opportunity to do so. 15. This Agreement, the Conditional Settlement Agreement between Employee and Employer, and the General Release contain the entire understanding and agreement between the Parties and shall not be modified or superseded, except upon express written consent of the Parties to this Agreement; provided, however, Employee agrees to continue to be bound by any restrictive covenants contained in any contracts or agreements that would otherwise bind the Employee after the termination of employment with Employer. 16. The Parties may execute this Agreement in one or more counterparts, each of which shall be deemed to be one and the same original and shall be binding on all of the Parties. An electronic signature shall be deemed an original signature. 17. Employee will be responsible for providing express written notice of any change in address to Employer. 18. This Agreement shall become effective on the next business day following the City Commission's approval of this Conditional Settlement Agreement and the General Release, and on the eighth day after Employee signs this Agreement, unless Employee revokes it ("Effective Date"). 19. Employee certifies that, during Employee’s review and execution of this Agreement, Employee is of sound mind and body and legally capable of entering into contracts. Employee acknowledges that Employee has entered into this Agreement of her own free will and that Employee’s signature was not procured by coercion, fraud, or intimidation. 340 Kathryn Matos Mutual Separation Agreement Page 9 of 9 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized agents in accordance with all of the formalities required by law on the day and year respectively set forth below. Employee: KATHRYN MATOS Signature Date Employer: CITY OF BOYNTON BEACH By: Daniel Dugger, City Manager Date Approved as to form by Office of the City Attorney Signature – Shawna G. Lamb 341 EXHIBIT A 342 343 344 345 346 347 City of Boynton Beach Agenda Item Request Form 6.L Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Approve the renewal and annual expenditure for the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities under $100,000. Requested Action: Staff recommends approval of the renewal and annual expenditure for the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities under $100,000. Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission, requests for approval to enter into contracts and agreements as the result of formal solicitations, and to piggyback governmental contracts. Options to extend or renew are noted in the “Agenda Request Item” presented to the Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in Exhibit A (as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT TK Elevator Corporation, formerly Thyssenkrupp Elevator Corporation Elevator Industry Equipment, Repair, Related Products, and Services Omnia Partners Contract # R200502 COBB # 006251121 October 1, 2024 - September 30, 2025 Estimate Annual Expenditure $65,000 How will this affect city programs or services? The renewal(s) will be used for those solicitations, contracts/agreements, and piggybacks that are renewed/extended with the same terms and conditions as the initial award. 348 Fiscal Impact: Funds have been budgeted under line items as noted in the attached - Exhibit A. Attachments: $100K under REQUEST FOR BID EXTENSIONS September 23 2024 Report - Exhibit A.docx R200502_TK_Notice_of_Material_Change_2021_08_06.pdf Renewal 2 - R200502_TK Elevator RL2_2024.04.26.pdf 349 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS UNDER $100,000 September 23, 2024 REQUESTING DEPARTMENT: Annalie Holmes DEPARTMENT CONTACT: Deputy Director of Public Works TERM: October 1, 2024 to September 30, 2025 SOURCE FOR PURCHASE: Piggy-Back OMNIA Partners Contract Agreement R200502 COBB Resolution R20-137 ACCOUNT NUMBER: 001-2511-519-49.17 – Facilities Management $50,000 001-2612-571-46.20 – Library for Schoolhouse Museum $5,000 401-2821-536-49.17 – Utilities Administration Building $5,000 401-2811-536-49.17 – West Water Treatment Plant $5,000 VENDOR(S): TK Elevator Corporation formerly Thyssen-Krupp Elevator Corporation ANNUAL ESTIMATE: $65,000 DESCRIPTION: On December 15, 2020, City Commission approved the piggy-back of OMNIA Partners contract R200502 and authorized the City Manager to sign a three-year Agreement with Thyssen-Krupp Elevator Corporation of Kennesaw, GA for the Elevator Industry Equipment, Repair, Related Product and Services. The Agreement was for an initial three (3) years with the option for two additional one-year periods through September 30, 2025. OMNIA Partners renewed the contract with TK Elevator Corporation formerly Thyssen-Krupp Elevator Corporation for a one-year term. Approve the renewal for the 2 nd one-year term from October 1, 2024, through September 30, 2025. 350 Page 1 of 2 Notice of Material Change to the Vendor Contract Pursuant to the terms of your awarded vendor contract, all vendors must notify Region 4 Education Service Center (“Region 4”) when any material change in operations, that may adversely affect members, (i.e. assignment, bankruptcy, change of ownership, merger, etc.) is made. No material change may be made to the contract without the prior written approval of Region 4. Region 4 reserves the right to accept or reject any new party. thyssenkrupp Elevator Corporation (vendor company name) hereby provides notice of the following material change to contract number: R200502 on this date August 1, 2021 . Instructions: (Vendors must check all that may apply and provide supporting documentation. Place your initials next to each item to confirm that documents are, indeed, included. Be sure to sign the signature page with all require signatures, prior to submitting your notice to Region 4 for approval).  Assignment  Change in ownership (sale/purchase) _ Indicate if you are assigning to your own subsidiary _ Asset Purchase Agreement _ Assumption Agreement _ Other supporting documentation _ Other supporting documentation  Acquisition  Bankruptcy _ Asset Purchase Agreement _ Official legal Notice of Bankruptcy Proceedings _ Other supporting documentation _ Other supporting documentation  Other  Merger _ Supporting documentation _ Share Exchange Agreement _ Merger and Acquisition Agreement _ Asset Purchase Agreement _ Other supporting documentation Notes: Vendor may include any other notes regarding the material change here: (attach another page if necessary). Upon approval of this notice, the awarded contract holder and/or subsequent assignee agree to and understand the following principles: i. Contract holder reference. If the contract holder undergoes a merger, acquisition, or partial assignment, in which case they still maintain the contract, then all transactions made under the existing contract number (including purchase orders) must reference the name of the awarded contract holder. The exception to this requirement is if the contract holder no longer holds the contract or if the company has been acquired by another company and undergone a name change. Notice of the authorized name change, to the existing contract, must be provided and approved by Region 4. X DocuSign Envelope ID: 2025F99D-D7C7-4866-9088-446FACA0391E 351 Page 2 of 2 In instances where the contract holder has acquired a separate and distinct company, and it is necessary to designate those certain purchases facilitated by the non-contract holder, then this designation may be made if, and only if, the contract holder is also referenced on the transaction. ii. Maintenance of records. Both the awarded contract holder and subsequent assignee agree to remain responsible for maintaining all auditable records, including documents kept in the ordinary course of business and sales invoices, related to OMNIA Partners, Public Sector and/or contract number pursuant to the statutory requirements identified in the vendor contract. iii. Payments. Both the awarded contract holder and subsequent assignee agree that all payments made by participating entities must be made directly to the contract holder, unless otherwise approved by Region 4. Accordingly, both parties acknowledge that in instances where it is necessary to designate the purchases facilitated by assignee, that the contract holder must also be referenced on the purchase order. iv. Handling of Proprietary and/or Confidential Information. In accord with the terms of the contract, both awarded vendor and assignee agree that at all times it will hold in strict confidence and not disclose to any third party Confidential and/or Proprietary information of Region 4, except as approved in writing by Region 4, and will use the Confidential Information for no purpose other than providing services under the contract. Both awarded vendor and assignee shall only permit access to Confidential Information to those of its employees or authorized representatives having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. This document is to be construed in strict accordance with the terms and conditions outlined in the Region 4/vendor master agreement referenced herein. Both awarded vendor and assignee agree to uphold the vendor obligations set forth in the vendor agreement. This Agreement will become effective when signed by all parties. AGREED AND ACCEPTED AS OF THE DATE FIRST SET FORTH ABOVE: Company name of awarded vendor Official name of assigned or added company thyssenkrupp Elevator Corporation TK Elevator Corporation BY: BY: NAME: NAME: TITLE: TITLE: Region 4 Education Service Center BY: NAME: TITLE: DATE: VP Contracts Mark Hintz VP Contracts Mark Hintz DocuSign Envelope ID: 2025F99D-D7C7-4866-9088-446FACA0391E 8/9/2021 | 1:19 PM CDT CFO Robert Zingelmann 352 Delaware The First State Page 1 2045231 8100 Authentication: 202536868 SR# 20210496210 Date: 02-17-21 You may verify this certificate online at corp.delaware.gov/authver.shtml I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF “THYSSENKRUPP ELEVATOR CORPORATION”, CHANGING ITS NAME FROM "THYSSENKRUPP ELEVATOR CORPORATION" TO "TK ELEVATOR CORPORATION", FILED IN THIS OFFICE ON THE SEVENTEENTH DAY OF FEBRUARY, A.D. 2021, AT 2:46 O`CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF AMENDMENT IS THE TWENTY-FIFTH DAY OF FEBRUARY, A.D. 2021. DocuSign Envelope ID: 2025F99D-D7C7-4866-9088-446FACA0391E 353 DocuSign Envelope ID: 2025F99D-D7C7-4866-9088-446FACA0391E 354 Region 4 Education Service Center • 7145 West Tidwell Road • Houston, Texas 77092-2096 Phone: 713.462.7708 • Fax: 713.744.6514 • esc4.net Rodney Watson, PhD, Executive Director April 26, 2024 Mr. Jeff Jaudes Jeff.Jaudes@thyssenkrupp.com National Account Manager TK Elevator Corporation 3100 Interstate N Circle, SE Suite 500 Atlanta, GA 30339 Re: Renewal Award of Contract #R200502 Dear Mr. Jaudes: Per official action taken by the Board of Directors of Region 4 Education Service Center on April 23, 2024, Region 4 ESC is pleased to announce that TK Elevator Corporation has been awarded an annual contract renewal for the following, based on the sealed proposal submitted to Region 4 on April 7, 2020, and subsequent performance thereafter: Contract Elevator Industry Equipment, Repair, Related Products and Services The contract will expire on September 30, 2025, completing the fifth year of a five-year term contract. The contract is available through OMNIA Partners, Public Sector. Your designated OMNIA Partners, Public Sector contact is Melissa Tillman, at (208) 955-9023 or melissa.tillman@omniapartners.com. The partnership between TK Elevator Corporation, Region 4 and OMNIA Partners, Public Sector can be of great help to participating agencies. Please provide copies of this letter to your sales representative(s) to assist in their daily course of business. Sincerely, Jorgannie Carter Chief Financial Officer, Finance and Operations Services DocuSign Envelope ID: 202E3637-2121-464C-92E9-B72A2BB59EA5 3551023 City of Boynton Beach Agenda Item Request Form 6.M Consent Agenda 09/23/2024 Meeting Date: 09/23/2024 Commission Meeting Minutes. Requested Action: Approve minutes from the August 20, 2024 and September 3, 2024 City Commission Meetings. Explanation of Request: The City Commission met on August 20 , 2024 and September 3, 2024, and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: August 20, 2024 City Commission Minutes.docx September 3, 2024 City Commission Minutes.docx 356 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 20, 2024, at 6:00 P.M. Present: Vice Mayor Aimee Kelley Daniel Dugger, City Manager Commissioner Angela Cruz Shawna Lamb, City Attorney Commissioner Woodrow L. Hay Maylee De Jesús, City Clerk Commissioner Thomas Turkin 1.Agenda Items A.Call to Order –Mayor Ty Penserga Vice Mayor Kelley 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 Reverend Amalie Ash, First Presbyterian Church. Invocation was given by Reverend Amalie Ash. Pledge of Allegiance to the Flag led by Vice Mayor Aimee Kelley The Pledge of Allegiance was led by Vice Mayor Kelley. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Turkin requested to move 10C to after 3C and allow Public Comment. He also requested to move item 6D prior to 4. There were no objections. Motion: Commissioner Turkin moved to allow for Public Comment for item 3D. Commissioner Hay seconded the motion. The motion passed unanimously. Vice Mayor Kelley explained which items have get Public Comment. Commissioner Cruz asked to move item 10A before item 3C and to allow for Public Comment. Commissioner Turkin disagreed. 357 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Vice Mayor Kelley stated that she does not support Public Comment for a first reading because it sets a precedent. Commissioner Turkin and Commissioner Hay agreed. Commissioner Cruz said that it was interesting that different items are being treated differently. 2. Adoption Motion: Commissioner Cruz moved to approve item 10A before item 3C and to allow for Public Comment. The motion died to lack of second. Motion: Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2.Other A.Informational items by the Members of the City Commission. Commissioner Cruz disclosed that she had calls with residents. Commissioner Hay stated that he had no disclosures. He announced the Black Business Pop up Event that the City is going on have Friday, August 30, at the Arts and Culture Center. City Manager Dugger thanked Sheila Tyson for doing an amazing Black Business Pop Up Event last year and said that she took it on this year. Commissioner Turkin stated that he had a lot of conversations regarding the boat ramp, and he is glad to see people in attendance. He said that he would like to address some allegations that are happening regarding the Little League. Commissioner Hay said that he would prefer a full City Commission to discuss an item of that nature. Commissioner Turkin stated that he would like an update under the City Manager Report. City Manager Dugger noted that there was good progress made. Motion: 358 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Turkin moved to amend the agenda to add an update on East Boynton Little League to 9C. Commissioner Hay seconded the motion. The motion passed unanimously. Vice Mayor Kelley said that she has received emails regarding to the Harvey Oyer Boat Ramp, and she does not agree with selling of any of our City parks. City Manager Dugger stated that there were charter businesses affected during Covid and would like to know if someone was affected, so that they can get information out to those business owners. 3.Announcements, Community and Special Events and Presentations A.Proclamation-Recognizing Lambda Alpha Alpha Chapter and Sigma Delta Delta Chapter of Omega Psi Phi Fraternity, Inc. for Outstanding Work on the Curb Appeal Project. Vice Commissioner Kelley read the proclamation into the record. Commissioner Hay stated that this is an outstanding organization, and they have done an amazing job painting 22 homes here in Boynton Beach, and they are now working on them being a part of the Adopt-A-Street. Tony Robinson thanked the City of Boynton Beach, and said that they are committed to this community, and they enjoy being a part of the community. Keyon McDavis Sr. thanked the City Commission for the proclamation and noted that the mentorship program they have on the FAU campus has translated to the students. B.Announcement -"Ambitious Archie, Building a Legacy Through Acts of the Heart"book has been written and released by local Boynton Beach residents Tevin Ali &Tania Shindo-Henderson. This new book was recently released on August 2, 2024 and is available on Amazon and in local bookstores. Vice Mayor Kelley stated that there is a book by a resident, and that a few copies were donated to the library. Tevin Ali, author, announced the book and summarized it.He stated that he hosted a book launch,and it has been well received within the community. He noted that it was also #1 on Amazon. He thanked the City Commission for their support. C.Presentation by Alannah Irwin, Sustainability & Resiliency Administrator regarding the Living Shoreline project. Alannah Irwin, Sustainability and Resiliency Administrator, spoke about the following regarding living shorelines: objectives; what are living shorelines; living shorelines 359 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 support resilient communities; benefits; potential funding opportunities; future plans; proposed location- Jaycee Park; proposed location-intracoastal park; proposed location- mangrove park; and questions. Commissioner Turkin thanked her for the presentation. He said that this is important, and we need to preserve our gateway. He mentioned that he wanted to preserve Boynton Beach’s ecosystem but also partner with municipalities and the County. Commissioner Hay asked if there are any endangered or protected species in the area. Ms. Irwin replied yes and noted that they are doing an analysis and are trying to protect endangered species. Commissioner Cruz thanked her for her presentation. Vice Mayor Kelley thanked Ms. Irwin and said that it is important to take a look at ways to expand our living shorelines. 10C. Discussion regarding the preservation of Harvey Oyer Park, located at 2010 N. Federal Highway, Boynton Beach, FL 33435, through a restricted covenant. Item 10C was moved up on the agenda. Stacey Weinger, Deputy City Attorney, explained that the backup reflects discussions that have occurred to date. She stated that it is proposed to restrict the use to be used a public park for municipal purposes,in perpetuity,providing for perpetual access to the waterfront and boat ramps,and permitting compatible ancillary uses. She said that it would also prohibit residential use of the property in perpetuity. She emphasized that it is a discussion only. Commissioner Turkin said that since 2020 there has been an attack on the boating and fishing community, and that the previous administration restricted access to only certain hours and increased the annual fees from $50 to $200, which is too high. He spoke about the grant funds received and protection of the board ramp. He said that City Manager Dugger and Attorney Lamb are working to protect the boat ramp,so that there was no opportunity to sell it to a developer or use in a way that they would not want. He said that they are here today to determine what they want to see there forever. He stressed the importance of community input. Commissioner Turkin asked if lodging should be added to the residential definition. Attorney Weinger said that it could be added. Commissioner Turkin said that it was important to include lodging,so there is never a hotel. He stated that they should incorporate 100% City Commission consensus needed to change anything in the future. 360 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Hay said that it was never an intent to develop Harvey Oyer Park. He agreed with Commissioner Turkin’s comments, and is interested in hearing public input and wants to protect the park. Commissioner Cruz asked about compatible uses and whether restaurants and retail could be included in the future. Attorney Weinger explained the restrictive convenance and future uses. She clarified that any future proposed uses would come back before the City Commission for consideration. Vice Mayor Kelley said that Harvey Oyer Park is important to her family as they have used it for years. She said that it is important to preserve the park and boat ramp in perpetuity, she liked the idea of concessions, and she also wants so hear from residents. Vice Mayor Kelley opened public comment. David Merker said that the issue is an important and emotional issue, and that it represents the future of Boynton Beach for children and grandchildren. Mack McCray said that he was a previous Commissioner, and that the park has been there for years, and that this park is a jewel in the City. He suggested that they already messed up the little league field and asked for this not to be messed up. Susan Oyer stated that if they put a restaurant in, they will have to put a grease trap. She said that the place in the front is originally set for a tackle shop and could have the food. She suggested that they remove the Commissioners from the decision making, and that this should be a voter referendum change. She suggested locations where restaurants can go and have a program there for the fishes that are caught. She asked for them not to prohibit uses. Danny Barrow spoke about organizations that he is involved in, and the research that he has been done out of that park. He thanked the Commission for having this discussion, that can lead to a yes vote for a restricted covenant. He clarified the name of the park and said that there is revenue that can be made here. He mentioned the City of Okeechobee and their ice machine. Barbara Ready stated that they are here for the same reason that the Little League are here, which is because they changed the land development regulations. She stated that this is the only thing that will protect the parks. Clay Bren stated that he has been using this boat ramp since he was a kid. He mentioned that he does not agree with a restaurant, and noted that it is always packed. He said that when they come to vote, and if someone is against it, he hopes 361 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 that they are voted out. He commented that they are doing a great job,and this should never be brought up again. There were no virtual comments. Vice Mayor Kelley closed public comment. She reopened public comment. Betty Roe stated that her home is basically the park,and that she has not heard anyone talk about the fishing gear. She said that she does not understand why this is being passed up and why the playground was taken out there. She mentioned a restaurant that was there, which was demolished. Cindy Falco De Corrado asked if it is free to the public to take out a boat from there. Nathanial Sorenson stated that he heard that this was going to be gone,and if so, the other ramps would be inundated.He stated that it is important to have options to get to the ocean. Norm Kahn stated that he goes out there with his family, and it would be a terrible thing to not be able to continue doing that.He asked if they could add dredging it to the agreement. Chip Sheehan stated that he bought his home where he did because of this boat ramp. He mentioned the events that happen here, and anyone that wants to sell it or get rid of it is not okay. Bill Richeter stated that it is important for the Commission to listen to the residents. He also spoke about dredging. Vice Mayor Kelley closed public comment. She asked if there is a way that they could require changes to go to a referendum or does it have to stay how it is. Attorney Lamb mentioned that it is a city-owned park,and it usually resides with the Commission. She noted that it is not appropriate to make it a referendum, but they could make it a vote of five. Commissioner Turkin stated that he agrees with the dredging and would like to see where they are at with it. He asked if the Attorney could delete the word “restaurant” and have a tackle shop with food inside/concession. Attorney Weinger stated that they could do that. Adam Temple, Assistant City Manager, mentioned the restrictions and what would have to be done. Vice Mayor Kelley spoke about it being able to be done. 362 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Turkin suggested adding no lodging and making this strict. He thanked the community for coming out and supporting the City. He mentioned that the City Manager and City Attorney caught this, and he has been attacked recently, and they have been serving the community. He thanked the Board and staff for their dedication to the community. He also asked if they could identify what is going on with the dredging. Commissioner Hay stated that he does not want to see hotels, motels, stores, etc. He said that we could easily come up with a 5-0 vote to support something the citizens want. He agreed that this should go to referendum. Commissioner Cruz stated that the people have spoken as to what they would like to see there, and she would support the parameters. Vice Mayor Kelley agrees with the consensus of the board. She mentioned that she understands for the request of the referendum but agrees with legal counsel. Attorney Weinger asked for clarification. Commissioner Turkin suggested marine industry related retail. Attorney Lamb stated that she will do her research on the retail and further information regarding the referendum. Commissioner Turkin stated that they should do both, a unanimous vote from the City Commission and a referendum. 6D. Proposed Resolution No. R24-183- Approving an Interlocal Agreement between the City of Boynton Beach and the Village of Golf for the Provision of Fire Rescue and Emergency Medical Services. The term of this Agreement shall be for a period of ten years commencing October 1, 2024 and ending September 30, 2034. Chief Hugh Bruder stated that they are excited to have these relationships with other municipalities. Ms. Christine Thrower-Skinner, Village of Golf Manager, stated that she appreciates the relationship that they have with Boynton Beach, and she is proud of their little community. She gave kudos to the firefights and emphasized that she is grateful for their partnership. Commissioner Cruz thanked Chief Bruder for working on this. Motion: 363 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Cruz moved to approve Proposed Resolution No. R24-183. Commissioner Hay seconded the motion. Vice Mayor Kelley opened public comment. No one came forth to speak. Vice Mayor Kelley closed public comment. The motion passed unanimously. 4.Public Audience 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). Coach Danny Mendoza at Boynton Beach High School thanked the City Commission and staff for their support. He mentioned that football can change the community and change lives. He noted they will focus on integrity, accountability, and high character. Susan Oyer asked why the lights in Poinciana have not been changed out. She said that those lights have been proven to cause cancer. She inquired why the Sara Sims Orchard has not been replanted and maintained. She mentioned needing a brochure for new residents with the rules of the City. She asked for the referendum to get rid of the covenant. Mike Wood spoke about the pioneer boat ramp and stated that it has been 6 months now with the temporary barricades and would like to see if they can use half the ramp until the work has been done. He asked for clarification on when the work will start. David Canton stated that he is here regarding the Pioneer Boat Ramp and asked for clarification on what is going on with it. Tony Sancaro said that he is happy to have the renewed partnership after today's conversation with the City Manager. He mentioned turf that they cannot use at Woolbright. He spoke about not having access to a field right now, because it is locked up. He said that he was told that Field 1 cannot be used unless you are with Barowitz. He noted that this is what happens when things are privatized. Cindy Falco Di Corrado spoke about an assessment fee that she received in her mail. She said that when she does not want to pay for this. She mentioned that she was accosted here in the Commission Chambers, and nobody has been reprimanded, and that she is appalled. She asked what we have for the women in the City, because everything is sports related and geared towards men. She also asked about when she they will get a park in Forest Park. 364 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Mack McCray stated that this is the second meeting that someone mentioned the City Manager working 80 hours and it is illegal, whether they are getting paid or not. Gregory Hartmann mentioned a space in Gulf View property, and another property by the hospital, and said that they would make great additions to the park system for the City. He mentioned annexation for the area out west and said that they would benefit from being a part of the City. Jessica Ferguson stated that today was a good move in the right direction for partnership with the Little League. She spoke about the concerns that were brought up, and asked about an item on the agenda, regarding proposal 10A and would like to have more information about it. Karen Reinhart spoke about the wire mesh in the community that produce radio frequencies and are harmful to people. She spoke about signs being put up in the neighborhood already, but nothing has been tested yet against hurricanes or anything, and that they bring down the property value of their homes. She said that the community standards are selective in her neighborhood. John Ready thanked the City for the progress they have made for the Little League. He mentioned that they need to recognize the Little League for the accomplishments. He said that he looks forward to working with the City. Melissa Hagens stated that she is here about a pole that has been placed in front of her house. She said that she concerned about it, and that it looks bad and is concerned with it falling on her property. She mentioned that she needs another dead-end sign. David Merker asked about Proposed Ordinance for 24-012, and wanted clarification, and asked if there will be a vote on it tonight or not. Valerie Pleasanton stated that she is appalled about the recent suggestions by Code Enforcement, such as her overgrown lawn within a week. She discussed citations that were issued to her mom. Commissioner Hay stated that he has heard several times about the blue lights and would like to know more information about it. He mentioned that he has heard that it affects African Americans. Mack mentioned that most of the lights are by FPL and if they fail, they turn purple. He confirmed that he will do research. Commissioner Turkin asked about what can and cannot be done on the swales. 365 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Vice Mayor Kelley suggested that Commissioner Turkin speak to Mr. Temple on code restrictions. Attorney Lamb stated that there is a proposed ordinance on the topic coming up soon, but if the City Commission would like to discuss what they would like to see, then it can be prepared for a future meeting. 5.Administrative A.Ratify Art Advisory Board Chair and Vice-Chair Motion: Commissioner Turkin moved to ratify Gregory Hartmann as Chair and Hector Velazquez as Vice Chair of the Art Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. B.Community Support Funds. Motion: Commissioner Turkin moved to approve $1,000 to the Boynton Beach High School Football Team, from Vice Mayor Kelley’s Community Support Funds. Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Commissioner Hay moved to approve $1,000 to the Boynton Beach High School Football Team, from Commissioner Turkin’s Community Support Funds. Commissioner Cruz seconded the motion. The motion passed unanimously. Motion: Commissioner Cruz moved to approve $1,000 to the Boynton Beach High School Football Team, from Commissioner Hay’s Community Support Funds. Commissioner Turkin seconded the motion. The motion passed unanimously. 6.Consent Agenda A.Proposed Resolution No. R24-178- Approving the Event Sponsorship Agreement between the City of Boynton Beach and The ALS Association, Inc. for the 2024 Walk to Defeat ALS Boynton on September 28, 2024 at Centennial Park and Amphitheater. B.Proposed Resolution No. R24-179- Approving and authorizing the assessment and recording of nuisance abatement liens against properties in the public 366 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 records of Palm Beach County. C.Proposed Resolution No. R24-181- Approving a Literacy AmeriCorps Palm Beach County Cooperative Agreement for 2024 - 2025. D.Proposed Resolution No. R24-183- Approving an Interlocal Agreement between the City of Boynton Beach and the Village of Golf for the Provision of Fire Rescue and Emergency Medical Services. The term of this Agreement shall be for a period of ten years commencing October 1, 2024 and ending September 30, 2034. Item 6D was heard earlier in the meeting. E.Commission Meeting Minutes. Motion: Commissioner Cruz moved to approve the remainder of consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 7.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-180- Approve an increase to the annual expenditure of the State of Florida Agreement #94131608-16-P with PRIDE Enterprises in the amount of $35,000, increasing the estimated annual expenditure from $80,000 to $115,000 for the purchase of recap/retread tires. B.Proposed Resolution No. R24-182- Approve Change Order No. 4 to Purchase Order No. 230742 with B&B Underground Construction for the construction of project Bid No. UTL22-036 Dimick Road and Potter Road Utility Stormwater and Water Infrastructure Improvements Project increasing the base contract amount from $3,003,845.89 to $3,017,635.89 and increasing the contingency by $23,034.36 from $100,000 to $123,034.46 for a total contract amount not to exceed $3,140,670.35, and approving a Utility Capital Improvement Fund (403) budget transfer in the amount of $23,034.46. C.Proposed Resolution No. R24-184-Approve an increase of the annual expenditure from an amount not to exceed $1,200,000 to an amount not to exceed $1,500,000 for the Integrated Supply Agreement for Integrated Business Solutions Services with Genuine Parts Company. D.Proposed Resolution No. R24-185-Approve a Piggyback Agreement with Motorola Solutions to replace handheld radios, upgrade existing dispatch radio consoles, and purchase two additional dispatch radio consoles in an amount not to exceed $2,406,374.71, which will be paid utilizing a $1,065,185 technology credit with the remaining balance of $1,341,189.71 367 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 paid utilizing budgeted dollars. E.Proposed Resolution No. R24-186-Award Invitation to Bid No. CS24-037 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project to Atlantic Southern Paving and Sealcoating, LLC, and approve a Construction Contract with Atlantic Southern Paving and Sealcoating, LLC, for $1,316,712.95, plus a 10%contingency of $131,671.30, for a total amount of $1,448,384.25. Proposed Resolution No. R24-187-Approving a Capital Appropriation Amendment for Budget Year 2023-2024 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project. F.Proposed Resolution No. R24-188-Approve the Second Amendment to the Progressive Design Build Agreement with Globaltech, Inc. in the amount of $7,032,108 for the East Water Treatment Plant Generator Replacement Project-Phase 2B to proceed with the final step of construction in a two-step construction format and approve a Utility Capital Improvement Fund 403 budget transfer based on the Guaranteed Maximum Price negotiated for the construction phase of the Progressive Design Build project. Commissioner Turkin pulled items 7B, 7D, 7E, and 7F. Motion: Commissioner Hay moved to approve the remainder of Consent Bids and Purchases over $100,000. Commissioner Turkin seconded the motion. The motion passed unanimously. 7B. Proposed Resolution No. R24-182- Approve Change Order No. 4 to Purchase Order No. 230742 with B&B Underground Construction for the construction of project Bid No. UTL22-036 Dimick Road and Potter Road Utility Stormwater and Water Infrastructure Improvements Project increasing the base contract amount from $3,003,845.89 to $3,017,635.89 and increasing the contingency by $23,034.36 from $100,000 to $123,034.46 for a total contract amount not to exceed $3,140,670.35, and approving a Utility Capital Improvement Fund (403) budget transfer in the amount of $23,034.46. Commissioner Turkin asked for a brief overview. Dr. Poonam Kalkat, Utilities Director, introduced herself. Keith Webber, Assistant Utilities Director, spoke about this item, and said that it was a mathematical error for $23K, and there were discrepancies with Procurement. He spoke about using the 10% contingency and what else was replaced while the project was happening. Commissioner Turkin clarified the adjustment and about the $23K amendment, and the approval process. 368 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Attorney Lamb spoke about the contract process. Commissioner Turkin reiterated that it is important to understand how strict it is to have changes made to things that they approve. Vice Mayor Kelley thanked them. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R24-182. Commissioner Hay seconded the motion. The motion passed unanimously. 7D.Proposed Resolution No. R24-185-Approve a Piggyback Agreement with Motorola Solutions to replace handheld radios, upgrade existing dispatch radio consoles, and purchase two additional dispatch radio consoles in an amount not to exceed $2,406,374.71, which will be paid utilizing a $1,065,185 technology credit with the remaining balance of $1,341,189.71 paid utilizing budgeted dollars. Assistant Chief Jack Dale spoke about the radios and their end of life. He mentioned that they chose a less expensive option out of what they had, and the benefits of the technology. Commissioner Hay said that he wanted to hear about the technology. Assistant Chief Dale spoke about the problems that they have had before and said that they will have better transmission in buildings with thicker walls. Commissioner Turkin asked how old the current radios are. Assistant Chief Dale said that they are approximately 8 years old. Commissioner Turkin mentioned the technology credit and the budgeted amounts that they have. Assistant Chief Dale explained the technology credit that they got from Motorola. Commissioner Turkin asked if the City Manager or anyone can issue the technology credit. Attorney Lamb spoke about the procurement code and what is allowed for the manager to sign off on and what comes before the Commission. Commissioner Turkin clarified the process of budgeting and coming back to the Commission for final approval. He thanked the Police for all they do and utilizing the 369 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 technology credit. Vice Mayor Kelley asked about the two additional radio consoles. Assistant Chief Dale said that they were in need of them, but will be reimbursed by the County. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R24-185. Commissioner Hay seconded the motion. The motion passed unanimously. 7E.Proposed Resolution No. R24-186-Award Invitation to Bid No. CS24- 037 for the Lake Boynton Estates Road Resurfacing and Pedestri an Crossing project to Atlantic Southern Paving and Sealcoating, LLC, and approve a Construction Contract with Atlantic Southern Paving and Sealcoating, LLC, for $1,316,712.95, plus a 10%contingency of $131,671.30, for a total amount of $1,448,384.25. Proposed Resolution No. R24-187-Approving a Capital Appropriation Amendment for Budget Year 2023-2024 for the Lake Boynton Estates Road Resurfacing and Pedestrian Crossing project. Carl Frumenti, Division Director Construction Services, stated that they would like to take the opportunity to make the swales all consistent throughout the City. He said that they would like to create the sidewalk network complete. He spoke about the following: project overview; project justification; project objectives and scope of work; project duration; and questions. Commissioner Turkin thanked them for what they do and said that they have been doing a lot of road paving projects. He asked about the 10% contingency. Mr. Frumenti explained what the contingency can cover and said that it is there as a safety net. Commissioner Turkin asked about the 10% contingency and if Public Works could pass that. Attorney Lamb explained that they would have to come back for approval from Commission for anything over what is approved. She spoke about the process for the agreement and what would come back to the Commission. Commissioner Cruz stated that she wanted to give kudos in regard to the projects that have been completed, and asked for park signs to make sure the park stays passive, and so that cars do not park there. Motion: 370 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Turkin moved to approve Proposed Resolution No. R24-186. Commissioner Hay seconded the motion. The motion passed unanimously. 7F.Proposed Resolution No. R24-188-Approve the Second Amendment to the Progressive Design Build Agreement with Globaltech, Inc. in the amount of $7,032,108 for the East Water Treatment Plant Generator Replacement Project-Phase 2B to proceed with the final step of construction in a two-step construction format and approve a Utility Capital Improvement Fund 403 budget transfer based on the Guaranteed Maximum Price negotiated for the construction phase of the Progressive Design Build project. Dr. Poonam Kalkat, Utilities Director, stated that they did this project as a progressive design build. She said that they inherited this project, and decided that they needed to make some changes for some of the piping, for the generators to be in the right place. She spoke about the process that they did, to procure the generators at a lower cost. She mentioned the different phases and what is being completed in those phases. Commissioner Turkin asked if the $7M is the price of the whole project, and if there was a slight increase that is back for an approval. Dr. Kalkat responded yes, and she explained the process for the phases. Mr. Webber spoke about the generator cost and the money that they saved by purchasing them themselves. He stated that this includes the 10% contingency in the guaranteed maximum price. He spoke about the structural upgrades that were needed, and using the funds that are encumbered now. Dr. Kalkat Poonam spoke about the grant that has helped. Commissioner Turkin clarified coming back to the Commission for approval of additional costs to the City, and what would happen if this was not approved. Attorney Lamb spoke about grants and the timeframes that are typically given with them. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R24-188. Commissioner Cruz 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. 371 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 City Clerk De Jesús swore in those intending to speak. Commissioner Cruz said regarding Items 8A-B that she has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Commissioner Hay said regarding Items 8A-B that he has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Turkin said regarding Items 8A-B that he has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Vice Mayor Kelley said regarding Items 8A-B that she has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. A.Proposed Ordinance No. 24-014- Second 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. Proposed Ordinance No. 24-015- Second 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. Attorney Lamb said that there have been no changes. Commissioner Turkin disclosed that he also spoke with Jim Cizsik. 372 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 City Clerk De Jesús read the Ordinance into the record. Vice Mayor Kelley opened public comment. No one came forth. She closed public comment. Motion: Commissioner Turkin moved to approve Ordinance No 24-014, on Second Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. Motion: Commissioner Turkin moved to approve Ordinance No 24-015, on Second Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. B.Proposed Ordinance No. 24-016-Second 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. Congress Avenue; providing an effective date; and for all other purposes. City Clerk De Jesús read the Ordinance into the record. Motion: Commissioner Turkin moved to approve Ordinance No 24-016, on Second Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. Vice Mayor Kelley opened public comment. No one came forth. Vice Mayor Kelley closed public comment. 9.City Manager’s Report- None A.Receive update on the status of future agenda items. Commissioner Cruz stated that there was a note passed and asked for it to be part of the public record. Attorney Lamb stated that the City Manager and the City Attorney are not subject to Sunshine Law and that they are not subject to public disclosures. She said the note had nothing to do with City business. 373 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 City Manager Dugger stated that during the agenda reviews, they went over the agenda items, and if there are any questions on a particular item, they can go over it. Vice Mayor Kelley stated that there were dates on some of the next items. City Manager Dugger stated that Mr. Mack came up with the format, at the direction of the City Commission. He spoke about the items that were requested and will be on the next meeting. Commissioner Turkin spoke about paving in the City and asked about ARPA. City Manager Dugger mentioned that there were some issues with following the ARPA guidelines. He mentioned the personnel that has been working on preserving the ARPA funds. He spoke about the $5.2M that will not have to be paid back and spoke about revenue loss. He reviewed the projects that were not approved by ARPA funds and could not be used towards the projects. Commissioner Turkin thanked Candace Walls for her help. Commissioner Hay clarified that there are no ARPA funds that have to be returned. City Manager Dugger said yes. Commissioner Kelley said that she is fine with her items where staff has put them. Commissioner Cruz stated that she is fine with the changes. B.Budget Status Report for FY2023 - 2024 thru June 2024 (unaudited). Mr. Peter Kajokis, Finance Director, updated the status of the budget. He said that we have collected about 83% of the ad valorem taxes for this year. He spoke about the fund revenues that is paid with the taxes; updated the fund expenditures; utility revenues; and questions. C.East Boynton Little League Update City Manager Dugger said that a productive meeting was held today regarding the East Boynton Little League. He noted a lot of misinformation was cleared up. He read the text message sent by Jessica Ferguson. He stated that a new sports provider agreement will be contingent on the litigation being dropped. Commissioner Turkin asked if there was any solicitation of an indoor facility or privatization of the fields. 374 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 City Manager Dugger replied no. Commissioner Turkin asked why the previous contract was terminated. Attorney Lamb said that it was for breach of contract. Commissioner Turkin asked for clarification about coming back to the City Commission for approvals. City Manager Dugger spoke about recognizing the kids for their accomplishments, and the upgrades that have been done. Commissioner Turkin mentioned that communication is key, and that they all need to work on being better at it, to prevent rumors. Vice Mayor Kelley encouraged using social media to get the right information out to the residents. 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. City Clerk De Jesús read the Ordinance into the record. Attorney Weinger stated that they are seeking clarification on what can and cannot be signed by the City Manager. She spoke about the gaps that they have seen and mentioned what they are trying to fix. She mentioned reaching out to the department directors about issues that they have had in the past, and what could be done to make it better. She clarified what this ordinance can and cannot do. She explained what was suggested, as to what the City Manager could sign off on. Commission Turkin asked about a time limit to it and impact if it was not signed on time. Attorney Lamb spoke about the parking agreement process. Commissioner Turkin clarified if it could be bypassed. Attorney Weinger stated that the right of contract lies with the City Commission. 375 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Turkin asked if there has been a situation where we have almost been liable to litigation because something has not been signed. Attorney Lamb mentioned what happens more frequently with the agreements. Commissioner Turkin asked for an explanation of what is being proposed in layman’s terms. Attorney Lamb spoke about the disconnect from prior years. She noted that they asked staff to identify types of administrative items that are time sensitive that need to be executed. She stated that they are trying to make it clear what should stay administrative and what should come to the City Commission. Commissioner Turkin stated that looking at this, it is an operational inefficiency. He said that he does not care who signs the documents, he just does not want the residents to suffer. He said that he is in agreement with any of the Commissioners or the manager signing it. He spoke about the residents not caring who signs on an agreement to allow them to park somewhere for an event. Commissioner Hay mentioned that he does not like to have these types of discussions when there is not a full City Commission. He said that he is uncomfortable with this, and that this is causing too much unnecessary dust and smoke. He asked why we are doing this and rushing it. He suggested more discussion. Commissioner Cruz stated that they should have a discussion at another time. She asked about line 59, procurement contracts, within the limit of the scope of the City Manager. She gave a theoretical example with the Little League, and it is under the threshold of procurement. Attorney Weinger spoke about the procurement process and what would be allowed. She said the intent of this is to establish clear rules and framework. This is only intended things for the City to allow the City to do things. There was discussion regarding hypotheticals for what would be allowed for the City Manager to sign off on; checks and balances; clear policy direction; and charter rights. Commissioner Cruz stated that she was doing research in regard to attorney general opinions, about changing the charter. She said that anything in the charter is supposed to be changed by referendum. She explained that she would not like to move forward with this because it contradicts the changes to the charter. She read Section 10 of the charter for the record. City Manager Dugger said that he has enough to sign on a daily basis, and this is something that was brought up while he was away. He said that they are looking for a 376 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 single point of contingency, an alternative, if the Mayor cannot sign off on something. He stated that they can make it the Vice Mayor, and there will be more discussion at second reading. Vice Mayor Kelley stated that this is one of the things that she has expected, and that this is more of a clarification of what has been happening in the past. She said that this is why they brought a City Attorney in-house, to find these discrepancies, and fix it. She stated that this is not a charter amendment, this is simply an ordinance. She noted that the Charters’ Section 10 primarily concerns deeds, bonds, and situations where the City is a party, and that specific section outlines that the Mayor has to sign those documents. She stated that although she appreciates the City Manager suggesting he forego signing, the City Commission is only here part-time, and she wants to make sure that they are being good stewards for the community. She emphasized that she does not like to see the City be less efficient. She stated that most of these do not have monetary involvement, and she does not want to touch anything that has to do with HR documents. Attorney Lamb clarified that this was not brought about because the Mayor was not here or available to sign things. She said that this is basic day to day items that need to be done and have no expenditures or would create a liability for the City. She mentioned that they do not know who the future Mayor might be, and it might be harder to sign off on documents. She commented that we need clear lines on who can do what. Commissioner Turkin asked for clarification if what is necessary for us to go to referendum. Attorney Weinger stated their opinion, as the Attorneys, including Article 10, is that they do not see this as a charter conflict, or anything that has to go to referendum. Commissioner Cruz read Section 10 of the charter. She said that it is relevant in this conversation. Attorney Lamb spoke about their legal opinion, and said she does not believe this violates the charter. She mentioned that reading that section as a blanket, there would be many ordinances that would come back and need to be repealed. There was further discussion regarding what the charter allows and does not allow. Attorney Lamb recommended tabling the item. She said that she could have someone come into the workshop that specializes in this and to further discuss. She stated that the workshop would be open to the public but there would be no public comment. Motion: Commissioner Turkin moved to table Ordinance No. 24-012 on First Reading. 377 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 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. City Clerk De Jesús read the Ordinance into the record. Motion: Commissioner Turkin moved to table Ordinance No 24-017 on First Reading. Commissioner Hay seconded the motion. The motion passed unanimously. C.Discussion regarding the preservation of Harvey Oyer Park, located at 2010 N. Federal Highway, Boynton Beach, FL 33435, through a restricted covenant. Item 10C was heard after item 3C. D.Commission discussion and presentation by Poonam Kalkat on proposed utility rates and tier revisions for FY 24/25 Discussion ensued about tabling the item. Dr. Kalkat stated there have been no changes since the July 2024 presentation. Motion: Commissioner Cruz moved to table this discussion. Commissioner Hay seconded the motion. The motion passed unanimously. 11.Future Agenda Items A.Discussion and review of draft cleanliness plan.-September 3, 2024 Requested by Mayor Penserga B.Discussion regarding formalized Tree Planting Program.-September 3, 2024 Requested by Mayor Penserga. C.Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- September 3, 2024 Requested by Commission Hay. 378 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 D.Discussion regarding infrastructure, specifically paving in the City. -September 3, 2024 Requested by Commissioner Turkin and Commissioner Cruz. E.Update on funds from the settlement with Town Square. -September 3, 2024 Requested by Mayor Penserga. F.Update on ARPA Funds. -September 3, 2024 Requested by Mayor Penserga. G.Discussion regarding adding a Sister City from Ireland. -October 1, 2024 Requested by Vice Mayor Kelley. H.Update on upgrades to water treatment plants to meet future drinking water regulations.-October 15, 2024 Requested by Mayor Penserga. I.Discussion regarding additional digital signs. -December 3, 2024 Requested by Commissioner Hay. J.Discussion regarding Procurement Policies and Procedures, including local business preference. -December 3, 2024 Requested by Mayor Penserga and Commissioner Cruz. K.Discussion regarding City entry way signage. -January 21, 2025 Requested by Mayor Penserga. L.Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga Requested by Mayor Penserga. M. Discussion regarding Rapid Re-housing Program.-Pending meeting with Mayor Penserga Requested by Mayor Penserga. N.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.-Pending meeting with Commissioner Cruz Requested by Commissioner Cruz. O. Discussion regarding Hazard Pay for Community Standards.-Pending meeting with Commissioner Cruz Requested by Commissioner Cruz. P.Discussion regarding requirements for Advisory Board Appointments.- Pending meeting with Vice Mayor Kelley Requested by Vice Mayor Kelley. Q. Discussion regarding Artificial Turf Ordinance.- Pending meeting with Commissioner Turkin Requested by Commissioner Turkin. 379 City Commission Meeting Minutes Boynton Beach, FL August 20, 2024 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 9:54 P.M. CITY OF BOYNTON BEACH ATTEST: _______________________________ Maylee De Jesús, MPA, MMC 380 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, September 3, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, 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 6:04 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 Angela Cruz The Pledge of Allegiance was led by Commissioner Cruz. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga requested to move agenda item 3 before agenda item 2. Vice Mayor Kelley mentioned that agenda item 2A should be before the presentations. Mayor Penserga acknowledged that item 2A would be heard before the presentations. There were no objections. 2. Adoption Motion: Commissioner Turkin moved to approve the agenda, as amended. Commissioner Hay 381 City Commission Meeting Boynton Beach, FL September 3, 2024 seconded the motion. The motion passed unanimously. 2.Other A.Informational items by the Members of the City Commission. Commissioner Cruz disclosed that she spoke with the Fire Chief and residents regarding item 6J. Commissioner Hay stated that he attended the Black Business Pop Up Event, which was well attended, and he was pleased to see the turnout. He shared that he had the opportunity to attend the Kamala Harris event that morning. Commissioner Turkin mentioned that he attended the Black Business Pop Up Event and noted it had a great turnout. He gave recognition to the events team for their efforts. Commissioner Kelley thanked the Economic Development team for successfully kicking off the small business summit. Mayor Penserga echoed the sentiments expressed about the events. 3A.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. Mayor Penserga recognized the Little League Team for winning the Florida State Championship Title and read their names into the record. Coach Mario Marchione thanked the Board for formally congratulating the team and spoke about its history. He shared their goal to win the Little League Series next year and highlighted the friendships formed and the hard work put into the team. Commissioner Turkin commented that next year, the achievement will be for the World Series. 3B.State of Education Report by District 4 School Board Member Erica Whitfield. Erica Whitfield stated that she wanted to provide an update on the State of Education in Boynton Beach. Mayor Penserga mentioned that the new Principal for Poinciana was also present. Ms. Whitfield provided the following updates: named schools within Boynton Beach; the 382 City Commission Meeting Boynton Beach, FL September 3, 2024 school district is back to being an A District, one of two in the State of Florida; school grades in Boynton Beach; introduced new Principals in a few schools within Boynton Beach; attendance in schools post-Covid; and the half penny sales tax that they added as a referendum. Mayor Penserga thanked Ms. Whitfield and expressed his happiness about the improvement in school grades. He asked if there was anything the Board could do beyond communication to help improve attendance. Ms. Whitfieldnoted that some people became accustomed to missing school during Covid and no longer viewed it as a big deal. She emphasized the importance of attendance and suggested visiting schools and recognizing students for their attendance achievements. Vice Mayor Kelley asked about the new proposed potential school schedules and inquired if there was an update on the response. Ms. Whitfield explained that the changes would not be implemented until 2026, and they were hoping to approach Legislation to request flexibility or an exemption from the new timeframe. She detailed the potential difficulties that the changes would bring, and suggested signing a letter to support the school board. Vice Mayor Kelley expressed surprise at how quickly the change passed and remarked that it would be a logistical nightmare. Ms. Whitfield noted that it has been about two years since the change was passed, and she now opposes it due to her concerns. Vice Mayor Kelley discussed the impact that the change would have on high school students. She thanked Ms. Whitfield for her report and expressed agreement with recognizing attendance. Mayor Penserga mentioned that he had a meeting with the principals a while ago and noted that there are many exciting things happening in the schools, which should be shared with the community. Ms. Whitfield mentioned that they have a new Communications Director and introduced the new Principal for Poinciana. Shannon Stockman, Poinciana Principal, thanked everyone for welcoming her into the community and remarked that it is a fantastic place. 3C.Report on FEMA Flood Zones by Richard Radcliffe, Executive Director, Palm Beach County League of Cities Richard Radcliffe expressed his gratitude to the Board and provided an overview of the upcoming FEMA changes for flood zones, effective December 20, 2024. He explained 383 City Commission Meeting Boynton Beach, FL September 3, 2024 that these changes would extend the flood map further west into Boynton Beach. He noted that he represents all 39 municipalities and emphasized the importance of media communications to inform residents of Palm Beach County. He highlighted the obligation to ensure that residents are aware of the changes. Commissioner Cruz thanked him for his presentation and stressed the importance of this information for the community. She requested that the City share the County's website, to allow residents to check the updated map. Mr. Radcliffe commended the County for their website and mentioned the upcoming meeting. He noted the need for someone to attend and spoke about the "Elected People under 40" recognition at the National League of Cities conference. Vice Mayor Kelley asked if the meeting would be in person only. Mr. Radcliffe confirmed that it would be held at the Police Station 3D.Proclamation- Hunger Action Month. Vice Mayor Kelley read the proclamation into the record. Amy Talbot, Feeding South Florida, thanked the Board for recognizing September as Hunger Action Month. She spoke about Hunger Action Month and their Feeding South Florida location. 3E.Proclamation- Hunger Action Month. Mayor Penserga announced the meeting. 3F.Announcement of the City of Boynton Beach 9/11 Ceremony Mayor Penserga announced the ceremony. Item 2B was heard following item 3F. B.Commission discussion and presentation by Poonam Kalkat on proposed utility rates and tier revisions for FY 24-25. (Tabled from August 20, 2024) Motion: Commissioner Hay moved to remove the item from the table. Commissioner Cruz seconded the motion. The motion passed unanimously. Dr. Poonam Kalkat, Utilities Director, mentioned that the information requested previously remained the same, with an additional tier structure suggested by Commissioner Cruz. 384 City Commission Meeting Boynton Beach, FL September 3, 2024 Ryan Smith, Rate Consultant, explained that last year, when discussing rate changes, they explored other ways to introduce cost-justified revisions. He reviewed the following: purpose; recommendations; miscellaneous fees; and residential wastewater billing cap. Dr. Kalkat noted that a new meter installation would trigger an increase. Mr. Smith continued with residential wastewater billing cap; alternative water commodity tiers; alternative water commodity tiers- commercial impact; revised tiers- residential impact; residential bill comparison; and estimated annual revenue impact. Dr. Kalkat compared the commodity tier structure to neighboring utilities and presented a monthly water and wastewater bill comparison with neighboring utilities. Mr. Smith also elaborated on the commodity tier comparison with neighboring utilities, emphasizing that the proposed changes align closely with other utilities and support reducing the tiers. He provided a monthly water and wastewater bill comparison, FY-2025 rate increases for neighboring utilities, and a residential bill comparison. Dr. Kalkat highlighted their current focus on the City's needs and discussions with bond consultants. Dr. Kalkat stated that they are not requesting a rate increase. Mr. Smith clarified that they are requesting an adjustment in the tiers. Commissioner Cruz noted that for the last 100 years, Tier 1 in the City has been set at 0- 9K gallons, but the current proposal is to change it to 0-7K gallons. She requested to keep Tier 1 the same and make adjustments to the higher tiers, and she explained her reason. Dr. Kalkat reiterated that the change from 0-9K to 0-7K gallons would only be incremental over the 7K gallons, not for the entire amount of gallons used. Commissioner Cruz acknowledged the response but maintained her request to keep Tier 1 unchanged. Mr. Smith provided data on flow frequency for residents using between 7K-9K gallons, which stands at 4%. He explained the importance of maintaining consistent tiers and referenced conservation structures in California, which are facing challenges, as a reason for sticking to this structure. Commissioner Cruz mentioned that Delray Beach’s Tier 1 covers 0-12K gallons, and reiterated her desire to keep Boynton Beach's Tier 1 unchanged and allow adjustments to be made for the higher tiers. Vice Mayor Kelley pointed out that last year, the City approved an annual rate adjustment for the next few years and asked about the specific increase. 385 City Commission Meeting Boynton Beach, FL September 3, 2024 Dr. Kalkat responded that they proposed a 10% increase in the first year and 5% in the subsequent years. Vice Mayor Kelley thanked them for exploring alternative ways to avoid annual rate increases. She emphasized that residents deserve clean pipes and clean water, and reiterated her support for the increase, noting that it affects only a small portion of residents. She mentioned that the City would likely need to consider another increase next year. Mayor Penserga stated that there was nothing to vote on tonight and summarized the concerns raised on both sides. Dr. Kalkat mentioned that if irrigation is used wisely, residents could reduce their water usage. 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. Mayor Penserga asked if these two items required separate public comments. City Attorney Lamb Attorney confirmed that public comment should be separate. Anthony Davidson, Budget Manager, provided a presentation covering the following topics: the purpose of the millage and budget hearing; state truth in millage (TRIM); proposed tax levy vs rollback rate; adjustments post-budget workshop general fund revenue highlights for both revenues and expenditures; all funds appropriation summary; millage rate impact on residential and commercial properties; and responded to questions. Mayor Penserga opened public comments. Cindy Falco De Corrado expressed her dissatisfaction with the changes in personnel and the high salaries being paid to employees. She voiced her frustration, stating that residents are tired of being robbed. Mayor Penserga clarified that the millage rate is actually being reduced. Tom Ramiccio reflected on the budget discussions over the past few months and suggested that a different process be developed for next year. He spoke about the need for earlier involvement in the process and expressed concern over a $12 million increase in the budget. He requested that a zero-based budget approach be used for the following year. 386 City Commission Meeting Boynton Beach, FL September 3, 2024 There were no virtual comments. Mayor Penserga closed public comments. Commissioner Turkin stated that he would like to see a zero-based budget implemented. Motion: Vice Mayor Kelley moved to approve Resolution No. R24-189. Commissioner Cruz seconded the motion. The motion passed unanimously. Mayor Penserga opened public comments on Resolution No. R24-190. Susan Oyer stated that there should be savings with half of the lights being out and expressed her support for a zero-based budget. She mentioned that the overall budget has seen a significant increase. She suggested that take-home cars should be limited to Police personnel only. Additionally, she questioned where the personnel savings are, considering that two employees are now managing multiple departments. No virtual comments. Mayor Penserga closed public comments. Motion: Vice Mayor Kelley moved to approve Resolution No. R24-190. Commissioner Hay seconded the motion. The motion passed unanimously. D.Proposed Resolution No. R24-191-Annual Comprehensive Fee Schedule Rate Changes for Fiscal Year 2024-2025. Anthony Davidson stated that only three departments are affected by the changes. Annalie Holmes, Public Works Assistant Director, provided information on the following topics: historical residential rates versus inflation for solid rates; a rate comparison for residential services; and a roll-off container comparison. Commissioner Hay asked what "Been There Dump That" refers to. Ms. Holmes clarified that it is another company. Adam Temple, Assistant City Manager, spoke about the departmental reorganization and the proposals made by Amanda Radigan. Vice Mayor Kelley inquired about the fees Mr. Temple was referencing. Mr. Temple explained the proposed rate increases. 387 City Commission Meeting Boynton Beach, FL September 3, 2024 Mayor Penserga opened public comments. No one came forth to speak. He closed public comments. Motion: Commissioner Turkin moved to approve Resolution No. R24-191. Commissioner Hay seconded the motion. The motion passed unanimously. E.Proposed Resolution No. R24-192-Adopting the final fire assessment fee for fiscal year 2024-2025. Chief Hugh Bruder stated that he had reviewed the presentation in July. He discussed continued efforts to educate residents about the Fire Assessment and noted that the information was available on the City's website, including the PowerPoint presentation. Mayor Penserga requested a short recess at 8:14 P.M. The City Commission reconvened at 8:22 P.M. Chief Bruder presented on the following: the need for a Fire Assessment; projected capital improvements using the proposed fire assessment increase; the proposed $25 increase; Fire Assessment Fee comparison by municipality, municipal service taxable items; and funding additional resources through mutual aid during training. Commissioner Hay commented that West Palm Beach, the largest City in Palm Beach County, has the lowest fire assessment rate. Chief Bruder responded that West Palm Beach's millage rate is 9%. Commissioner Cruz stated that after speaking with residents, there was confusion regarding the proposed increase, with some believing it would be an additional $145 on top of the current $120 assessment. She also mentioned that residents were asking what previous Fire Assessment revenue had been used for. Chief Bruder explained that the original concept behind the Fire Assessment was to eventually sunset it, but he emphasized that it should be a permanent fee, as it cannot simply go away. He provided details on what the current fee is used for, according to statutory requirements, and mentioned that the additional $25 would cover future projects. Commissioner Cruz sought to clarify the proposed $25 increase and suggested a smaller $20 increase instead, given that there had not been an increase in many years. Chief Bruder emphasized that they are asking for what is needed, not more. Mayor Penserga asked a resident to leave due to interruptions. City Attorney Lamb stated that the resident could be allowed back during the public comment period if desired. Mayor Penserga remarked that there had been multiple interruptions throughout the night, 388 City Commission Meeting Boynton Beach, FL September 3, 2024 and order needed to be maintained. Chief Bruder continued, stating that while there are projects that need to be completed, they will have to be covered at some point. He said it was up to the Board to make a decision. Commissioner Turkin stated that he wanted to make his position clear. He mentioned that he had heard from his constituents, who do not support the increase, and he would not go against their wishes. Mayor Penserga opened public comments. David Merker expressed that it was common sense to vote in favor of the increase, as the safety of the people was more important than a small amount of money. Debbie Matchia mentioned that volunteer Firefighters often engage in fundraising to purchase expensive equipment. She suggested asking for donations to cover the extra funds being requested. Christy Bellmont shared that she is on a fixed budget and supported the idea of fundraising to meet the City's needs. She commented that residents do not have the same wealth as those living in other parts of Palm Beach County. Cindy Falco De Corrado discussed the Coast Guard’s responsibility for water safety. She added that she had only seen special fire vehicles during City events and expressed that residents should not have to pay for what she referred to as "extra toys" for the Fire Station. Susan Oyer stated that she supports the proposal, but has some questions. She asked if the Harvey Oyer building is where the internal affairs department is located or if it is housed elsewhere. She pointed out that various buildings are being used for other purposes, such as children’s art classes, and inquired about the location of the Firefighter equipment for water rescues. She also mentioned that a fire assessment waiver is available for those unable to pay. Schneider expressed concern that many people are unable to afford additional expenses and urged the Board to be mindful of those struggling financially. Trinetta echoed Mr. Schneider’s concerns, noting that while the assessments may seem small, every little bit adds up. She emphasized that many are still recovering from the effects of COVID-19 and are doing their best to make ends meet. There were no virtual comments. Mayor Penserga closed public comments. Vice Mayor Kelley reminded everyone that there is an exemption form available for those who cannot pay the fee, and it is accessible on the City’s website. She explained that the exemption renews annually and can be reevaluated each year. She also mentioned that Fire Station 3 is located in District 4, and its residents and firefighters deserve a new 389 City Commission Meeting Boynton Beach, FL September 3, 2024 station instead of constant temporary fixes. Commissioner Cruz shared that she is conflicted because many residents have expressed opposition to the increase, but she also understands and supports the need for a new Fire Station. She reiterated that she would support no more than a $20 increase and suggested that staff should attend meetings to help residents apply for the waiver, if possible. Commissioner Hay highlighted that safety has always been a top priority and stressed the importance of timely responses to fires, noting that every second counts. He stated that reducing response times by even one minute is worth the $2 per month increase. He added that many of his constituents believe the return on this investment is well worth it, and he supports the $25 assessment due to its clear benefits. Mayor Penserga stated that he will never compromise on safety. He reiterated that exemption forms are available for those unable to pay. He expressed discomfort with the fact that Firefighters are staying in a dilapidated firehouse and emphasized that ensuring the City’s fire services are up to standard is crucial, especially in emergencies. Motion: Commissioner Hay moved to approve Resolution No. R24-192. Vice Mayor Kelley seconded the motion. The motion passed 3-2, with Commissioner Turkin and Commissioner Cruz dissenting. 3.Announcements, Community and Special Events and Presentations Item 3A was heard following item 2A. 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.Proclamation- Hunger Action Month. F.Announcement of the City of Boynton Beach 9/11 Ceremony 4.Public Audience 390 City Commission Meeting Boynton Beach, FL September 3, 2024 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). Melissa Haggens spoke about the pole in front of her house and the fumes coming from construction nearby. She expressed her desire to sit in front of her house without getting sick. She also mentioned the need for Firefighters to be able to turn around on the street without using her driveway. She requested a new dead-end sign at the beginning of the street. Commissioner Hay asked for her address, and Ms. Haggens provided 2240 NW 2nd Street. Christy Momont raised two concerns, the first being Police presence. She shared that she travels from Lake Worth to Boynton every day and noted that drivers are going straight from the turning lane on Congress. She has requested Police enforcement with radar guns. She mentioned that her second concern was about the number of cars in the Forest Park neighborhood, making it difficult to drive through. She suggested there should be restrictions on how many vehicles are allowed per house. Susan Oyer stated that she has previously brought up similar concerns. She congratulated ELLBB. She mentioned state parks being considered for changes and urged a referendum. She requested that the LDRs be reviewed to protect the parks. She mentioned that Code Enforcement is targeting people with items in their carports and suggested that there are numerous ways to conserve water. Cindy Falco De Corrado spoke about a FOIA request she made regarding the cameras inside the Chambers. She expressed concerns about the Fire Assessment, which she considered a tax. She said that her assessment has increased to $200 and suggested an external garbage pickup should be provided. She asked how much of the assessment goes toward sewage and emphasized that property owners should have full control over their property. Gabriella Favitta announced that FPL would be providing breakfast after the 9/11 ceremony. 5.Administrative A.Community Support Funds. Mayor Penserga stated that there are requests from Vice Mayor Kelley, Commissioner Turkin, and Commission Hay for Community Support Funds to various organizations. 391 City Commission Meeting Boynton Beach, FL September 3, 2024 Motion: Commissioner Turkin moved to approve all Community Support Fund requests. Commissioner Hay seconded the motion. The motion passed unanimously. B.Discussion regarding changing the date of the first Commission meeting in November, due to the National Election. City Manager Dugger stated that they can combine the meeting, cancel the meeting, or change it. Commissioner Turkin stated that the day before the election day was suggested. There was discussion regarding the dates and consensus to move it to November 4th. 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. F.Proposed Resolution No. R24-198- Interlocal Agreement between the Palm 392 City Commission Meeting Boynton Beach, FL September 3, 2024 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. Motion: Commissioner Turkin moved to approve the consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 7.Consent Bids and Purchases over $100,000 A.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. Motion: 393 City Commission Meeting Boynton Beach, FL September 3, 2024 Vice Mayor Kelley moved to approve Consent Bids and Purchases over $100,000. Commissioner Turkin seconded the motion. The motion passed unanimously. 8.Public Hearing - None 9.City Manager’s Report- None 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). City Clerk De Jesús read the Ordinance into the record. City Attorney Lamb mentioned that Ms. Ryan was present. She confirmed that there were no changes. Commissioner Turkin asked if this allows the Mayor or anyone else to bypass the bidding process. City Attorney Lamb clarified the procurement code, stating that no one can make changes to City-owned property without City Commission approval. She further explained that none of the items in question involve monetary funds and discussed the maximum expenditure allowed without needing to go to the City Commission. Commissioner Turkin then inquired about an emergency grant. City Attorney Lamb mentioned that she was able to get the document signed. She discussed the grant process and clarified that this policy determines what the Manager can sign. Commissioner Turkin emphasized the importance of operational efficiency, stating that he does not mind who signs, as long as grant funding opportunities are not missed. Mayor Penserga expressed support for e-signatures but noted that this was his first time hearing about the emergency grant, and he had not been notified. City Attorney Lamb stated that everything now goes through her office, streamlining the process and improving efficiency. 394 City Commission Meeting Boynton Beach, FL September 3, 2024 Mayor Penserga requested to be notified when documents requiring his signature come through and reiterated that any renegotiated contracts must return to the City Commission. Commissioner Cruz mentioned that she had heard complaints about documents not being signed but stressed that it is not fair to blame someone for not being present. She suggested sending an email if something needs to be signed, and in the worst-case scenario, the Vice Mayor could sign. Commissioner Turkin reiterated the need to create a mechanism for signatures when someone is unavailable, emphasizing that city business should not be halted and calling for a balanced approach. Mayor Penserga acknowledged that some documents are time-sensitive but pointed out that others are not. He stated that agreements should be completed in advance, and there should be clarification on who signs, but it should not be limited to when the Mayor is unavailable. City Attorney Lamb clarified that the discussion is not about time-sensitive documents but rather establishing parameters on what the City Manager can and cannot sign. Mayor Penserga agreed with the clarification. Commissioner Hay stated that while they all signed documents, the current discussion is unnecessary. He suggested that if the Mayor is unavailable, other members of the City Commission should be able to sign. Commissioner Cruz raised a concern about a biased comment made earlier. She asked if an RFP under $50K for Harvey Oyer Park would fall within the City Manager’s signing authority. She emphasized that she was presenting facts, not opinions, and referenced the importance of checks and balances. Commissioner Turkin clarified that his comment was unrelated to hers. Commissioner Hay added that if an item exceeds a monetary threshold, it must return to the City Commission for approval. City Attorney Lamb clarified that the procurement policy allows the City Manager to sign off on amounts under a certain threshold. Commissioner Hay mentioned the importance of checks and balances. 395 City Commission Meeting Boynton Beach, FL September 3, 2024 Mayor Penserga commented that the only item under Human Resources is something beyond their control. Vice Mayor Kelley stated that there are items the City Commission do not need to review, such as an Adopt-a-Road application. She suggested that if there are specific items they do not want the City Manager to sign, they should highlight them. She explained that the recommendations were for routine, everyday items that do not cost the City any money and that the City Manager should have the authority to sign these. Vice Mayor Kelley added that if the procurement process were to be questioned, it would come back to the City Commission. If the procurement code needs amending, they could address that, but these items are typical daily matters. City Manager Dugger mentioned receiving legal advice from three separate Attorneys. Mayor Penserga clarified his stance on his availability. Commissioner Cruz reflected on the past 100 years and mentioned the advice of Attorneys. She suggested that the Attorney General's opinion would be the most reliable and that she could request one. Commissioner Cruz expressed concerns about procurement and commented on changing current practices. Mayor Penserga stated that there was room for compromise. City Attorney Lamb added that there would be separate ordinances, and certain items would be struck from the list. Motion: Vice Mayor Kelley moved to approve Proposed Ordinance No. 24-012. Commissioner Turkin seconded the motion. The motion failed 2-3, with Mayor Penserga, Commissioner Hay and Commissioner Cruz dissenting. Discussion continued regarding the changes they wanted to see. Motion: Commissioner Turkin moved to approve with striking 1-4, 6-9 and move it to a separate ordinance and establish a pecking order for signature authority. Commissioner Hay seconded the motion. The motion passed unanimously. 396 City Commission Meeting Boynton Beach, FL September 3, 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. City Clerk De Jesús read the Ordinance into the record. Candice Stone, Community Standards Director, presented the purpose of the ordinance amendment and provided updates on key highlights. Commissioner Hay asked about roofs. Ms. Stone explained how they measure roof discoloration. Commissioner Turkin spoke about the intent behind the ordinance and expressed disagreement with the proposed changes to grass height, preferring to keep it as it currently is. He agreed that measuring roof discoloration can be challenging. Ms. Stone mentioned that many complaints they receive relate to abandoned properties, and some of the concerns included in the ordinance stem from those complaints. Commissioner Turkin reiterated his preference for maintaining the grass height limit at 8 inches. City Attorney Lamb suggested a compromise, proposing that the grass height should not exceed 6 inches within two weeks. Commissioner Turkin agreed with this suggestion. Commissioner Hay inquired about carport storage regulations. Ms. Stone explained that they typically issue citations when people have excessive junk in a carport and park their cars outside of it. Motion: Vice Mayor Kelley moved to approve Proposed Ordinance No. 24-017. Commissioner Turkin seconded the motion. The motion passed unanimously. 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," 397 City Commission Meeting Boynton Beach, FL September 3, 2024 of the City Code to Permit Normal Retirement at Twenty Years of Service by Removing the Second Tier Adopted in 2019. City Clerk De Jesús read the Ordinance into the record. Chief Bruder discussed the importance of achieving revenue neutrality and reinstating the 20-year retirement plan. Commissioner Cruz expressed her appreciation for making the plan both revenue neutral and fiscally responsible. Commissioner Turkin disclosed that he had a conversation with Firefighter Georgio Salame. Motion: Vice Mayor Kelley moved to approve Proposed Ordinance No. 24-018. Commissioner Turkin seconded the motion. The motion passed unanimously. 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. City Clerk De Jesús read the Ordinance into the record. Dr. Kalkat introduced the ordinance and explained that they are proposing to change it from an ordinance to a resolution, as it would be easier to make adjustments in the future. She mentioned the annual CPI rate and the process of returning to the City Commission for approval. Mayor Penserga commented that there is no need to argue about rates increasing with the CPI. Commissioner Cruz clarified that the change involves approving the matter by Resolution rather than Ordinance. Motion: Vice Mayor Kelley moved to approve Proposed Ordinance No. 24-019. Commissioner Hay seconded the motion. The motion passed 4-1, with Commissioner Cruz dissenting. E.Discussion regarding formalized Tree Planting Program. 398 City Commission Meeting Boynton Beach, FL September 3, 2024 Alanna Irwin, Sustainability and Resiliency Administrator, provided updates on the following topics: background of the tree program; adoption of the program; holding four annual tree giveaways; planting trees in communities; and differences between the state assessment and local efforts. She also mentioned partnering with other organizations and adopting a more targeted approach. Mayor Penserga inquired about the program’s goals and the number of trees planted so far. Ms. Irwin explained that the goal was 3,000 trees per year, and mentioned a goal of 3,600 since 2020, noting that they were currently below expectations in certain areas. Mayor Penserga commented on the significant impact trees have on neighborhoods and communities, emphasizing their many benefits. He thanked Ms. Irwin for her efforts. Commissioner Cruz also thanked her and asked if there were any ideas for increasing community involvement, to enhance the program’s numbers. Ms. Irwin responded that by explaining past initiatives and exploring what could be done in the future to meet the goals. F.Discussion regarding youth student attendance at a National League of Cities Conference, sponsored by the City. Candace Walls, Chief of Staff, discussed her efforts to connect with the National League of Cities (NLC) to gather information for youth programs. She mentioned a robust program in another City and highlighted the essay contest and activities for students. She estimated that the cost per attendee would be approximately $1,700, including the need for chaperones. Commissioner Hay expressed that it has been a priority of his to see local youth participating in the NLC conference alongside other municipalities. He emphasized that it is an excellent opportunity for the City to invest in its youth and requested that the topic be revisited. Mayor Penserga voiced his support for the initiative. Ms. Walls reiterated that the estimated cost per person is $1,700 and mentioned available scholarship opportunities. Vice Mayor Kelley shared that she spoke with a municipality that runs a similar program and had the chance to interact with the students, noting the benefits of such programs. Commissioner Cruz commended Commissioner Hay for his focus on youth and inquired whether there should be an application process. Commissioner Hay agreed, stating that a screening process would likely be necessary. 399 City Commission Meeting Boynton Beach, FL September 3, 2024 Commissioner Cruz also suggested that the program be limited to local students. G.Update on ARPA Funds. Peter Kajokas, Financial Services, spoke about the ARPA funds as follows: state and local fiscal recovery funds- ARPA; ARPA funds reporting deadline; ARPA fund update as of 2nd quarter 2024; ARPA funds reconciliation as of 6/30/2024; and questions. H.Update on funds from the settlement with Town Square. Mr. Kajokas discussed the funds received from a settlement and explained where they had been deposited. Mayor Penserga asked if the funds had been spent or if they were still available. City Attorney Lamb clarified that all the litigation funds had been fully spent. She mentioned that they are still in the early stages of litigation, and additional fees would need to come from her budget, which was not originally planned for. She recommended finding a more economical option moving forward. City Manager Dugger added that other funds had not yet been spent and were awaiting a decision from the City Commission. I.Discussion regarding infrastructure, specifically paving in the City. Kevin Ramsey, Public Works Director, spoke about the following: planning tool-arcgis-15- year road restoration platform; road resurfacing and neighborhood project priorities (no utility conflicts); and road resurfacing and neighborhood project priorities (with utility conflicts). He also addressed an email received from a resident. Commissioner Hay asked if the proposed changes would negatively affect scheduling south of MLK. Deputy City Manager Mack explained that the current discussion was part of their "wish list" and that the items in question were already scheduled to happen. Commissioner Turkin thanked Mr. Mack for the update and suggested that ARPA (American Rescue Plan Act) funds should be used for road paving. City Manager Dugger discussed the use of revenue funds, emphasizing that they must be spent within a certain timeframe. He also talked about maintaining a healthy fund balance and identifying which funds could be used for specific projects. Commissioner Hay requested clarification on the ARPA funds. City Manager Dugger provided further explanation of the restrictions associated with ARPA 400 City Commission Meeting Boynton Beach, FL September 3, 2024 funds and the process of identifying eligible revenue funds. Commissioner Cruz shared that she had received numerous complaints from residents who felt that not enough was being done. She specifically asked for information on what was approved in 2023, particularly for Golfview Harbor. Mr. Ramsey outlined what had been approved and the necessary changes that followed. He noted that the utility project for Golfview Harbor is expected to take place in 2024-2025. Commissioner Cruz reiterated that ARPA funds had been allocated to Golfview Harbor in 2023 and requested confirmation. Mr. Ramsey confirmed that no funds remained. Mr. Mack discussed the potential reallocation of ARPA funds. Vice Mayor Kelley expressed agreement with Commissioner Cruz, stating that there was no reason not to support the project again. 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 meeting with Vice Mayor Kelley 401 City Commission Meeting Boynton Beach, FL September 3, 2024 12.Adjournment Motion: Commissioner Turkin moved to adjourn the meeting. Vice Mayor Kelley seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 10:58 P.M. CITY OF BOYNTON BEACH ATTEST: _______________________________ Maylee De Jesús, MPA, MMC 402 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases over $100,000 09/23/2024 Meeting Date: 09/23/2024 Approve the renewal and annual expenditure for the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities over $100,000. Requested Action: Staff recommends approval of the renewal and annual expenditure for the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities over $100,000. Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggyback governmental contracts. Options to extend or renew are noted in the “Agenda Request Item” presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in Exhibit A (as required). VENDOR(S)DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT Fortline Inc., Core & Main Annual Supply of Brass Fittings and Accessories City of Boynton Beach Bid No. WH22-047 October 17, 2024 - October 16, 2025 Annual Estimated Expenditure $250,000 Fortline Inc., Core & Main Annual Supply of Pipe Fittings and Accessories City of Boynton Beach Bid No. WH22-048 October 5, 2024 - October 4, 2025 Annual Estimated Expenditure $250,000 Mullings Engineering Services, Inc.; Odums, Sod Inc. Sod and Sod Installation Services City of Boynton Beach Bid No. CW22- 027 (SE FL Government Purchasing Co-op Bid) October 1, 2024 - September 30, 2025 Annual Estimated Expenditure $150,000 403 Sunset Sod, Inc.Sod and Sod Installation Services City of Boynton Beach Bid No. CW22- 027 (SE FL Government Purchasing Co-op Bid) October 1, 2024 - September 30, 2025 In accordance with the General Conditions for Bidder Section – Article 40. PRICES, TERMS, AND PAYMENT within the Bid Document the vendor has requested to exercise its right to increase its costs for sod per square foot following the All Urban Consumers Price Index (CPI-U). The vendor requests an increase in its costs per sod square foot. Staff recommends approval of the rate increases. Staff recommends approval of the rate increases 404 East Coast Mulch Mulch Piggyback City of Pompano Beach Contract #E-28-23 Cooperative Bid COBB # PW24-016 September 26, 2024 - September 25, 2025 Annual Estimated Expenditure $100,000 Juniper Landscaping of Florida, LLC Athletic Field Maintenance Piggyback the City of Hollywood, Florida Agreement # PA600356 COBB # REC22-011 May 20, 2024 - May 19, 2025 Annual Estimated Expenditure $400,000 TRISTAR Claims Management Services, Inc. Third Party Administrator for Workers Comp, Employer Liability, Property and Liability Piggyback Board of County Commissioners Lake County, Florida Contract # 23-524 City of Boynton Beach Contract # HR24-014 October 1, 2024 - December 18, 2026 Annual Estimated Expenditure $1,375,000 How will this affect city programs or services? The renewal(s) will be used for those solicitations, contracts/agreements, and piggybacks that are renewed/extended with the same terms and conditions as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted in the attached - Exhibit A. Attachments: $100K over REQUEST FOR BID EXTENSIONS September 23 2024 Report - Exhibit A.docx Core & Main - Brass Fittings Fortiline Inc. - Brass Fittings Core and Main - Pipe Fittings Fortiline Inc. - Brass Fittings Renewal Interest Letter - Mullings Engineering Services Inc - 24-25 Signed.pdf Renewal Interest Letter - Odums Sod Inc 24 - 25 Signed.pdf Sunset Sod, Inc. - Renewal Interest Letter & Letter Request Rates Increase - 24-25 - Signed Sunset Sod, inc. - Old Pricing from 2022 thru 10.2024 Sunset Sod, Inc. - Renewal Request - New Rates for 2024-2025 East Coast Mulch - Pembroke Pines Co-op Contract #E-28-23 - Renewal for 2024 - 2025 East Coast Mulch Co-op Contract #E-28-23 Tabulation Renewal Rates 1 - 2024-2025 R-2024-119 Juniper Landscaping Renewal-1.pdf Tristar Claims Management Svs - 23-524 renewal -2026.pdf 405 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 SEPTEMBER 23, 2024 REQUESTING DEPARTMENT: MATERIALS AND DISTRIBUTION DEPARTMENT CONTACT: Mike Dauta TERM: October 17, 2024 to October 16, 2025 SOURCE FOR PURCHASE: City of Boynton Beach Bid No. WH22-047 Annual Supply for Brass Fittings and Accessories ACCOUNT NUMBER(S): 502-0000-141-0100 VENDOR(S): Fortline Inc., and Core & Main ANNUAL ESTIMATE: $250,000 DESCRIPTION: On September 8, 2022, City Commission approved Bid No. WH22-047 for the Annual Supply for Brass Fittings and Accessories. The Bid has three (3) additional one-year renewal options. This will be the 2nd renewal, the vendor has agreed to renew the contract for a one-year renewal from October 17, 2024, through October 16, 2025. REQUESTING DEPARTMENT: MATERIALS AND DISTRIBUTION DEPARTMENT CONTACT: Mike Dauta TERM: October 5, 2024, to October 4, 2025 SOURCE FOR PURCHASE: City of Boynton Beach Bid No. WH22-048 – Annual Supply for Pipe Fittings and Accessories ACCOUNT NUMBER(S): 502-0000-141-0100 VENDOR(S): Fortline Inc., and Core & Main ANNUAL ESTIMATE: $250,000 DESCRIPTION: On September 8, 2022, City Commission approved Bid No. WH22-048 for an Annual Supply for Pipe Fittings and Accessories. The Bid has three (3) additional one-year renewal options. This will be the 2nd renewal, the vendor has agreed to renew the contract for a one-year renewal of October 5, 2024, through October 4, 2025. REQUESTING DEPARTMENT: PUBLIC WORKS – PARKS & GROUNDS DEPARTMENT CONTACT: Maurice Permenter TERM: October 1, 2024, to September 30, 2025 SOURCE FOR PURCHASE: City of Boynton Beach Bid No. CW22-027 – Sod and Sod installation – SE FL Co-Op ACCOUNT NUMBER(S): 001-2730-572.46-98 VENDOR(S): Sunset Sod Inc.; Mullings Engineering Services; Odums Sod, Inc. ANNUAL ESTIMATE: $150,000 DESCRIPTION: On September 8, 2022, City Commission awarded Bid No. CW22-027 for Sod and Sod Installation Services to four (4) vendors. Three (3) vendors remain under contract with the City of Boynton Beach (Sunset Sod, Inc.; Mullings Engineering Services; & Odums Sod Inc). The Bid has three (3) additional one-year renewal options. This will be the 1st renewal and the three (3) vendors have agreed to renew the agreement for the one-year renewal of October 1, 2024, through September 30, 2025. Sunset Sod, Inc., in accordance with the General Conditions for Bidder Section – Article 40. PRICES, TERMS, AND PAYMENT within the Bid Document the vendor has requested to exercise its right to increase its Sod per Square Foot Rates following the All Urban Consumers Price Index (CPI-U). The vendor requests an increase in its sod per square foot rates. Staff recommends approval of the rate increases. 406 REQUESTING DEPARTMENT: PUBLIC WORKS – PARKS & GROUNDS DEPARTMENT CONTACT: Maurice Permenter TERM: September 26, 2024, to September 25, 2025 SOURCE FOR PURCHASE: City Piggyback off SE FL Governmental Purchasing Cooperative Group - Lead Agency City of Pompano Beach Bid No E-28-23 – City of Boynton Beach No. PG24- 016 ACCOUNT NUMBER(S): 001-2730-572.46-98 VENDOR(S): East Coast Mulch ANNUAL ESTIMATE: $100,000 DESCRIPTION: On November 7, 2023, City Commission approved the annual expenditure for East Coast Mulch based on the SE Governmental Purchasing Cooperative Group Contract No. E-28-23 for East Coast Mulch for parks, medians, playgrounds, and various city buildings/facilities. The initial bid term was for one (1) year with four (4) additional one-year renewal options. This will be the 1st renewal, the vendor has agreed to renew for a one-year renewal from September 26, 2024, through September 25, 2025. REQUESTING DEPARTMENT: PUBLIC WORKS – PARKS & GROUNDS DEPARTMENT CONTACT: Maurice Permenter TERM: December 5, 2024, to May 19, 2025 SOURCE FOR PURCHASE: City Piggyback off the City of Hollywood Florida Agreement No PA600356 (Bid No. F- 4664-21-RL) – City of Boynton Beach No. REC22-011 ACCOUNT NUMBER(S): 001-2730-572.46-98 VENDOR(S): Juniper Landscaping of Florida, LLC ANNUAL ESTIMATE: $400,000 DESCRIPTION: On November 16, 2021, City Commission approved by resolution R21-162, authorizing the City Manager to sign an agreement with Juniper Landscaping of Florida, LLC of Fort Myers, FL for Athletic Field Maintenance Bid No F-4664-21-RL The initial bid term was for three (3) years with two (2) additional one-year renewal options. This will be the 1 st renewal, the vendor has agreed to renew for a one-year renewal through May 19, 2025. REQUESTING DEPARTMENT: RISK MANAGEMENT DEPARTMENT CONTACT: Morgan Chaloupka TERM: October 1, 2024, to December 18, 2026 SOURCE FOR PURCHASE: City Piggyback off the Board of County Commissioners Lake County, Florida Contract No. 23-524 – City of Boynton Beach No. HR24-014 ACCOUNT NUMBER(S): 522-1710-519.49-17 for claims admin fees 522-1710-519.31-11 for legal costs for outside counsel 522-1710-519.31-90 for professional services used for claims 522-1710-519.49-20 for settlement cost of claims VENDOR(S): TRISTAR Claims Management Services, Inc. ANNUAL ESTIMATE: $2,750,000 DESCRIPTION: On March 5, 2024, City Commission approved by Resolution R24-049 with a not-to-exceed of $1,200,000, authorizing the City Manager to sign a piggyback agreement with Tristar Claims Management Services, Inc. of Long Beach, California for Third-Party Administrator for Workers Comp, Employer Liability, Property and Liability Services Contract No. 23-524. The initial bid term was for one (1) year with two (2) two-year additional renewal options. This will be the 1 st renewal, the vendor has agreed to renew for the two-year renewal through September 30, 2026. In addition, the department is requesting to increase the annual expenditure from $1,200,000 to $2,750,000. 407 408 409 The City of Boynton Beach America’s Gateway to the Gulfstream Finance/Procurement Services 100 EasT Ocean Ave P.O. Box 310 Boynton Beach, Florida 33435 Telephone No: (561) 742-6310 FAX: (561) 742-6316 July 30, 2024 Fortiline, Inc. 5759 White Drive Riviera Beach, FL. 33407 BID NAME: “ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES” BID # WH22-047 To whom it may concern: The above referenced bid will expire 10-16-24. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Division Director, Materials and Distribution, at dautam@bbfl.us. We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Division Director, Materials and Distribution at dautam@bbfl.us. Thank you 410 America’s Gateway to the Gulfstream BID NAME: BID NAME: “ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES” Contract Renewal Period: October 17, 2024 THROUGH October 16, 2025 Agreement between the City of Boynton Beach, and Fortiline, Inc. _____ Yes, I agree to extend the existing Bid for Brass Fittings under the same Terms and Conditions for an additional year: October 17, 2024 through October 16, 2025 _____ No, I do not wish to renew the agreement. FORTILINE, INC. ___________________________________ SIGNATURE ___________________________________ ___________________________________ NAME OF REPRESENTATIVE TITLE (please print) ______________________ ___________________________________ DATE (AREA CODE) TELEPHONE NUMBER 561-253-9886 Rob Cavallaro General Manager 7/30/2024 411 412 413 The City of Boynton Beach America’s Gateway to the Gulfstream Finance/Procurement Services 100 EasT Ocean Ave P.O. Box 310 Boynton Beach, Florida 33435 Telephone No: (561) 742-6310 FAX: (561) 742-6316 July 30, 2024 Fortiline, Inc. 5759 White Drive Riviera Beach, FL. 33407 BID NAME: “ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES” BID # WH22-048 To whom it may concern: The above referenced bid will expire 10-4-24. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Division Director, Materials and Distribution, at dautam@bbfl.us. We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Division Director, Materials and Distribution at dautam@bbfl.us. Thank you. 414 America’s Gateway to the Gulfstream BID NAME: BID NAME: “ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES” Contract Renewal Period: October 5, 2024 THROUGH October 4, 2025 Agreement between the City of Boynton Beach, and Fortiline, Inc. _____ Yes, I agree to extend the existing Bid for Pipe Fittings under the same Terms and Conditions for an additional year: October 5, 2024 through October 4, 2025 _____ No, I do not wish to renew the agreement. FORTILINE, INC. ___________________________________ SIGNATURE ___________________________________ ___________________________________ NAME OF REPRESENTATIVE TITLE (please print) ______________________ ___________________________________ DATE (AREA CODE) TELEPHONE NUMBER Rob Cavallaro General Manager 561-253-98867/30/2024 415 416 417 418 419 SUNSET SOD, INC. 13100 SW 124 Avenue Miami, Fl 33186 0# 305-253-2002 F# 786-242-9988 ALOHA@ISUNSETSOD.COM July 1, 2024 RE: Boynton Bid Co-Op CW22-027 Sod and Sod Installation Services To Whom It May Concern, Sunset Sod is an awarded vendor on the Boynton Bid Co-Op Sod and Sod Installation Services. We are looking forward to the upcoming renewal term for Boynton Bid Co-Op. There are unfortunately price increases that need to be presented. The increases in farms as provided in separate documentation has changed significantly. We are requesting the increase on the sod per sq. ft. based on sod increase form farms only as per following: • Group 1: St. Augustine Floratam -increase of $ .08 per sq. ft. • Group 2: St. Augustine Citra Blue -increase of$ .14 per sq. ft. • Group 3: St. Augustine Palmetto -increase of$ .11 per sq. ft. • Group 4: Bahia Argentine-increase of$ .02 per sq. ft. • Group 5: Bahia Pensacola -increase of $ .02 per sq. ft. • Group 6: Bermuda Tifway 419 -increase of$ .13 per sq. ft. • Group 7: Bermuda Tifway 419 -increase of$ .13 per sq. ft. 420 • Group 8: Bermuda TifEagle -increase of $1.55 per sq. ft. • Group 10: Bermuda Celebration -increase of$ .16 per sq. ft. • Group 11: Bermuda Tiftuff -increase of $ .13 per sq. ft. • Group 12: Bermuda Latitude36-NO LONGER AVAILABLE/ DISCONTINUED • Group 14: Paspalum -increase of$ .61 per sq. ft. • Group 15: Paspalum -increase of$ .61 per sq. ft. • Group 16: Zoysia Empire -increase of $ .07 per sq. ft. Groups 9, 13, 17, and 18 do not currently have a cost change. We appreciate working with the Co-Op for many years and look forward to continuing to provide quality product and services. Regards, ~\_\,~ Kathy Hernandez President -Sunset Sod Inc. 421 The City of FlnancelProcure,_,,, Serv1cu 100 E. Ocean Alienue Boyn1on Beach, FL 334.35 P.O. Bax 310 Telq,hone No: (561) 7"2-6310 FAX: ($61) 7"2-6316 Boy,,10,, Beach, Florido 33-125-0310 Boynton Beach August 21, 2024 4 , • I J '\ t. Sunset Sod, Inc. Attn: Kathleen Hernandez, President II 13100 SW 124 Avenue Miami, Florida 33186 . . - VIA EMAIL TRANSMITTAL TO: aloha@sunsetsod.com BID.: SOD AND SOD INSTALLATION SERVICES (ANNUAL CONTRACT) -·~ .. BID No.: No. R22-G27 CURRENT BID TEIUI: OCTOBER 1, 2022-SEPTEMBER .30, 2024 • , I I\': Dear Ms. Hernandez: ' I The a.anent bid term for "SOD AND SOD INSTALLATION ·SERVICES (SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE AGREEMENl)• expires September 30, 2024. The agreement allows for three (3) additional one (1) year extensions. The City of Boynton Beach would like to exercise the option to renew the 111 renewal for an additional one-year period with the same terms and conditions. • ' t • • Please indicate your response on the following page and return it to Procurement Services via emaU to prattt@bbfl.us at your eartiest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Assistant Purchasing Manager at (561) 7 42-6308. Sincerely, Taralyn Pratt Taralyn Pratt Assistant Purchasing Manager 422 tp □August 21, 2024 ■ID: SOD AND SOD IN8TALLAT10N 8&1MCli8 (ANNUAL CONfflACT} 81) No.: "22-G27 Agn1ement batwaen h Clly d Boynton Beach and SUNS&T SOD, INC. AQII& mvr R&NIMaL ;ERM. OCTOOER 1. 2024-SEPTEMBER JO. 2026 ---~-'WN, 1 agrae to,....., the exllllng agreement under the eame terms and condllk>n-. wllh an fncn 111 ~ _,. in prtang for an addftlonaJ one-year term. ra .\-c:2... I /\ c ~~ .fu, s ~ pe, ,::d·-k.. c '1-ed le H--e r. No, I do not wish 1D renew the bid for the following reason(s) ______ _ SUNSET SOD, INC. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) DATE --t \I SIGNATURE ... I • ~os--J ,)_ S-3. <~}v O J__ (AREA CODE) TELEPHONE NUMBER Americas Gateway to the Gulf Stream 423 424 425 426 427 428 429 430 431 432 433 SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA TO BE ENTERED INTO BIDDING SITE ONLINE The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of requested product and services required .. The undersigned proposes to deliver the service in accordance with the specifications for ·Sod and Sod Installation Services for an Initial two (2) year period for the prices outline below. Group 1 ST. AUGUSTINE "FLORATAM" NORTH CENTRAL SOUTH Under 2,000 s $ ,~O $ ,,SD $ Under 2,000 sf delivered & unloaded $ ~Bl $ .,1 $ 2,000 sf or more, but less than a truckload, ;71 ,#78 ,-,, delivered & unloaded $ $ $ Sod Installation -at time of delive $ "33 $ ,3o $ ,3o Sod Installation -for sod rovided b others $ ,o, $ ., 01 $ ., of Site re aration -er hour $ .,ol $ ., o I $ TOTAL $ .lf-S $ .. 3tj $ ).3 TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate er s uare foot s $ PB3 $ .. S) $ .8l Truckload rice TL $0.ln. 00 $Bl<o.. o:> $ 8>a:>. 0 ~ Number of ').o d-0 d-0 Number of uarefeet r allet 5"00 ~00 s-oo ON12.-027 Sod and Sod ,nstallation Services 47 434 D Group2 ST. AUGUSTINE "CITRABLUE" NORTH CENTRAL SOUTH Under2 000 $ $ ,S1 Under 2 000 sf, delivered & unloaded $ ,Cf $ ,90 $ ,01 2,000 sf or more, but less than a truckload, .1} ~ C/0 .BC/ delivered & unloaded $ $ $ Sod Installation -at time of delive $ ;33 $ ,3o $ .. 3o Sod Installation -for sod rovlded b others $ ,ot $ rOl $ • 0 ' Site $ ,0( $ ,ol $ ,OI TOTAL $ :) .. ,1 $ .. , I $ • " TRUCKLOAD PRICING Direct from sod fann delivered unloaded and installed Truckload rate er s uare foot s $ .8Cf $qax,.o> $ Q.).o.l Number of truckload d"V Number of s uare feet r allet 9X) s-ro S-Oo Group3 ST. AUGUSTINE "PALMETTO" NORTH CENTRAL SOUTH Under 2,000 sf, . $ s .,53 $ ,,S3 Under 2,000 sf, delivered & unloaded $ ,<Jlf $ ,0J.' $ ~ ('. 2,000 sf or more, but less than a truckload, pg). , SJ. ,90 delivered & unloaded $ '$ $ Sod Installation -at time of delive $ ;33 $ f 0 $ ~Jo Sod Installation -for sod rovided b others $ rO( $ ,,o \ $ .,.o/ Site $ .tO' $ .o\ $ .10 I TOTAL $ ,S'f $ J.Y~ $ ), Cf to TRUCKLOAD PRICING Direct from sod fann delivered unloaded and installed Truckload rate er s uare foot s ,e~ $ ,.,~s- Truckload rice TL .. ~ $_8szP_ Number of r truckload '}--a ~ d"V Number of uare feet r allet ~ soa ~00 c::N22.--027 Sod and Sod Installation Services 48 435 - Group4 BAHIA "ARGENTINE" NORTH CENTRAL SOUTH Under2 000 s $ ").~ $ rJ-$ .. )1 Under 2 000 sf delivered & unloaded $ .Sl $ • So $ .. su 2,000 sf or more, but less than a truckload, "~q .4~ .47 delivered & unloaded $ $ $ Sod Installation -at time of delive $ #-~ $ ~3o $ ... lo Sod Installation -for sod rovided b others $ .-DI $ ~ol $ ,o I Site $ ,o, $ ., ol $ ,ol TOTAL $ ) .,. "" $ $ / .. S-8 TRUCKLOAD PRICING Direct from sod farm delivered unloaded and installed Truckload rate er s uare foot s $ , 8 $ , $ - Truckload rice TL $Lf-s V0)'f,,cP $LI Number of rtruckload 19 I 'tJ 18 Number of s uare feet er allet 4-::;?CJ lfoO lf-oo Group& BAHIA "PENSACOLA" NORTH CENTRAL SOUTH . ' .. Under 2.000 sf, picked up by agency $ ~1 $ r~~ $ ,. }. Cf Under 2,000 sf, delivered & unloaded $ .5\ $ .~ $ ,So 2,000 sf or more, but less than a truckload, ,41 .lf'o ..,'-/7 delivered & unloaded $ $ $ Sod Installation -at time of delivery $ % $ ~o $ r3o Sod Installation -for sod provided by others $ . 0 \ $ .ol $ ... o, Site oreoaration -per hour $ ,D\ $ rO\ $ , ot TOTAL $ ' ,(,'1 $ ,,sq $ 1-S-~ TRUCKLOAD PRICING Direct from sod farm. delivered unloaded. and installed Truckload rate per SQuare foot ( sf) $ , ,~ $ ,.&7 $ .&?? Truckload price (TL) s'f8q b. U> s4-'o}9~ s4,SJ--o Number of pallets per truckload I B '9 ,) g Number of sauare feet per pallet lfoo lfoO 4VO CW12.-02.7 Sod and Sod Installation Services 49 436 Group& Group7 BERMUDA "TltWay 419 -CERTIFIED" Under2 000 Under 2 000 sf delivered & unloaded 2,000 sf or more, but less than a truckload, delivered & unloaded Sod Installation -at time of delive Sod Installation -for sod rovided b others Site re aration -er hour TOTAL TRUCKLOAD PRICING Dintct from sod fann delivered unloaded and installed Truckload rate r uare foot s Number of rtruckload Number of s uare feet er allet BERMUDA "THWay 419 -UNCERTIFIED" Under 2 000 sf, • Under 2,000 sf, delivered & unloaded 2,000 sf or more, but less than a truckload, delivered & unloaded Sod Installation -at time of delive Sod Installation -for sod rovided b others Site TOTAL TRUCKLOAD PRICING Direct from sod farm delivered unloaded and installed Truckload rate r uare foot s Number of Number of uare feet r allet CN'D.-027 Sod and Sod Installation Services NORTH CENTRAL SOUTH $ .7 $ ,,3 $ .73 $ , 6 $ #86 $ .87 $ , 'o7 $ ,. 'o~ $ , <a<o $ ~ 5 $ .3s $ -SJ $ Qt .-.01 $ .o I $ , OI .o l $ ,O I $ ). ,. .. ~) $ ~-,S $ ,~~ $ ,q $ ,93 s(,B o. • $ ~7~€. $~ IB I ?;, JB '-fo::> 9-~ '-fa=:, NORTH CENTRAL SOUTH $ :73 $ $ $ $ .JS$ $ ,0 $ ,,.o\ $ rO / 'o Ji lf010 L/-00 50 437 Group8 BERMUDA "TlfEagle -CERTIFIED" NORTH CENTRAL SOUTH Under2 000 s 5.30 $ .3o Under 2 000 sf delivered & unloaded $ 5_ss $ s--.ss- 2,000 sf or more, but less than a truckload, . '-I s .. <1.r delivered & unloaded $ $ Sod Installation -at time of delive $ o5 $ I . o;) $ I .. o.:l ,,. Sod Installation -for sod rovided b others $ .01 $ .-D' $ .. 0' Site $ ,.DI $ .-o I $ 70/ TOTAL $ /7 .. 37 $ } .. 3l s )7 ... 3"1 TRUCKLOAD PRICING Direct from sod farm delivered unloaded and installed Truckload rate er s uare foot s $ 7 .. .. 'OS-$ .. os- Truckload rice TL $59. /la {oS.c $S7/QS. Number of rtruckload )~ I I CJ Number of s uare feet r allet lJS-0 lfSD '-t So Group9 BERMUDA "TifGreen 328 -CERTIFIED" NORTH CENTRAL SOUTH . -. I • • ~ ., C ·. ~· ' :.:-,• ,.,~ ",'". • .. ~· . '' . ,, . • .. Under 2,000 sf, picked up by agency $ 4--(3:) $ 4_ 00 $ 4 .. '° Under 2,000 sf, delivered & unloaded $ 4 .. l-S" $ 't. ),s $ 4 .lS- 2,000 sf or more, but less than a truckload, q. )o lf. >o l/-. ¥0 delivered & unloaded $ $ $ Sod Installation -at time of delivery $ ) .. GP $ ) -;:;x:, $ ) .. ~ Sod Installation -for sod provided by others $ .. o\ $ .-0} $ ,.o l Site preparation -per hour $ .. o\ $ .. o \ $ ,.o' TOTAL $ )3-tri s /3-<./7 $ 13 .. f../7 TRUCKLOAD PRICING Direct from sod farm delivered unloaded and installed Truckload rate per square foot (sf) $ l/ .~-c $ 4,SD $ lf .. SD Truckload price (TL) $~V~ :> $ 31c, 'f $1). t.P s¼45Z>.c)~ • ;g J9 Number of pallets per truckload 18 Number of square feet per pallet lf~ L/SV '!So CW22-027 Sod and Sod Installation Services 51 j 438 • Group10 BERMUDA "CELEBRATION" NORTH CENTRAL SOUTH Under 2,000 sf, $ .,7r $ .7S- Under 2 000 sf delivered & unloaded $ $ .~e $ .0~ Rolls under 2,000 sf, $ /e3 $ .. 93 $ _ '33 Rolls under 2,000 sf, delivered & unloaded $ } .,.03 $ J _.o)-$ J~o 2,000 sf or more, but less than a truckload, s ~B, ,as--- delivered & unloaded $ $ $ ' Rolls over 2,000 sf or more -but less than a I ,of oo I 91 truckload delivered & unloaded $ $ $ r ~ ,3>3 +,">o Sod Installation -at time of delive $ ~ $ $ ,sl I• Sod Installation -for sod rovided b others $ ..o» $ -0( $ _. O I Site $ .o, $ _.O I $ _o/ TOTAL $ $ 5.70 $ S .,b,l TRUCKLOAD PRICING Direct from sod farm delivered unloaded and installed ~ "Q fie Truckload rate r uare foot s $ _,C/ $ . 9to $ .. C/S $"'1B . $''Ii l-. o=, $0940. Number of er truckload JB J9 / 8 Number of s uare feet er allet 400 ~ l/-o-o Group 11 BERMUDA "TifTut" SOUTH Under 2 000 sf, $ J7 $ ~77 $ _77 Under 2 000 sf, delivered & unloaded $ :/3 $ .11 $ _ 11 2,000 sf or more, but less than a truckload, __ fr/ rg7 delivered & unloaded $ ~ $ $ Sod Installation -at time of delive $ $ .. 33 $ .. 3' Sod Installation -for sod rovided b others $ ,a $ _of $ "01 Site $ _.o} $ .o) $ .01 TOTAL $ )._C/ $ ),./13 $ ). .. g TRUCKLOAD PRICING Direct from sod fann delivered unloaded and installed Truckload rate er uare foot s $ .. 98 ,.t/1 $ .. 97 $70 \),.;) $6~ ~ Number of rtruckload J'B ,e 18 Number of s uare feet '-fo'O lfoo '-/-Do CW'Z2-U1.1 Sod and Sod Installation Services 52 439 Group 12 Group 13 Pr BERMUDA"LATITUDE38n Under2 000 Under 2 000 sf delivered & unloaded 2,000 sf or more, but less than a truckload, delivered & unloaded Sod Installation -at time of delive Sod Installation -for sod rovided b others Site TOTAL TRUCKLOAD PRICING Direct from sod farm delivered unloaded and installed Truckload rate r uare foot s Number of rtruckload Number of s uare feet r allet allet BERMUDA "TlfDwarf'' Under2 000 Under 2,000 sf, delivered & unloaded 2,000 sf or more, but less than a truckload, delivered & unloaded Sod Installation -at time of delive NORTH CENTRAL SOUTH $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ NORTH CENTRAL SOUTH $ ---11 ----- 4 -$ 4 .. ~ $ lf .. m $ 4-_ 10 $ J -or $ I --~ $ Sod Installation -for sod rovided b others $ • c?\ $ -o \ $ -O l Site $ ... ol $ -Ol $ -01 TOTAL $ /3 ,.'/,~ $ }3 -31 $ /3 .. ~ 7 TRUCKLOAD PRICING Direc:t from sod farm delivered unloaded and installed Truckload rate rs uare foot s $ SSC Truckload rice TL s¼oS7S: Number of /8 g Number of uare feet r allet CW'l2.-0'ZT Sod and Sod lnstaUation Services 53 440 1 ( cu Group 14 PASPALUM .. SeaDwarf" NORTH CENTRAL SOUTH Under2 000 s $ _') I $ 3,.) I $ 3_ ~, Under 2 000 sf delivered & unloaded $ -~-4~ $ s_ lit $ ~ 2,000 sf or more, but less than a truckload, 3 _ '-I 3-3B ~ _:>S' delivered & unloaded $ $ $ Sod Installation -at time of delive $ I .. of $ ) \.~ $ .::f=) • Sod Installation -for sod rovided b others $ .Dl $ -0( $ -l ration -er hour $ _Ol $ -o\ $ _ 01 TOTAL $ -1> $ } _Q). $ )0-1, TRUCKLOAD PRICING Direct from sod fann delivered unloaded and installed Truckload rate er s uare foot s $ --:>\ $ 4-l<o $ lf -II s34tQ. s~J L. s 33 )-11. Number of I Q I'd Number of l/-SD L/SD l/.J--0 Group 16 PASPALUM "Sealsle Supreme" NORTH CENTRAL SOUTH Under 2,000 sf, $ 3 _)\ $ '3-)\ $ $-:) \ Under 2,000 sf, delivered & unloaded $ 3_4V $ 3 -<(t $ 3 -3 c; 2,000 sf or more. but less than a truckload, 3 _ '-{o 3 _3ca $ 3 -3.S- delivered & unloaded $ $ c;J.;' ~ ) a...:> Sod Installation -at time of delive $ $ $ Sod Installation -for sod rovided b others $ _Q\ $ -D $ -0 I Site $ _o\ $ -01 $ -OJ TOTAL $ J I). $ J -0~ $ o_q, TRUCKLOAD PRICING Direct from sod fann delivered unloaded and installed Truckload rate er uare foot s $ L/ _)J $ 4 -/t,, $ ,, s3V) cf. s33. s 33 7).. C//. Number of r truckload 'rl I 'a I 9, Number of uare feet r allet 9SD YSlJ '-ISo 0Nl2-027 Sod and Sod Installation Services 54 441 Group 16 I'\.,,,~ ZOYSIA "ULTIMA E I LORA" Under2 000 Under 2 000 sf delivered & unloaded 2,000 sf or more, but less than a truckload, delivered & unloaded Sod Installation -at time of delive Sod Installation -for sod rovided b others Site TOTAL TRUCKLOAD PRICING Direct from sod fann delivered unloaded and installed Truckload rate r truckload Number of s uare feet er allet CENTIPEDE "HAMMOCK'' Under 2,000 sf, • Under 2,000 sf, delivered & unloaded 2,000 sf or more, but less than a truckload, delivered & unloaded Sod Installation -at time of delive Sod Installation -for sod rovided b others Site TOTAL TRUCKLOAD PRICING Direct from sod fann delivered unloaded and installed Truckload rate er uare foot s Number of r truckload Number of uare feet r allet CN'12.--027 Sod and Sod Installation Services NORTH CENTRAL SOUTH $ .. tH $ .e, $ .SI $ -O).. $ J - 01 $ 00 \ -0\ I -a.:> .. 491 $ $ $ $ $ -~3 $ _1 ( $ -0\ $ -0( $ -01 $ _t> l $ _oc $ _ol $ ~l $ ,, $ 3 -13 $ _3~ $ } -;).9 $ J _17 +~o 3 $ tf Sr;j./. s1. ~88. $ 'fl ~ ,°'fS ·q -:r (. /I JS / 'a 1B 4-oo C/-e>2> lf-ov NORTH CENTRAL SOUTH $ _"'3 $ $ _ol $ -ol $ -OI $ _ol $ _o, $ _o, $ 3 _o:> $ 3 _-=> $5 I ro.(P $) Jb ao. a:> JB 18 18 ifoo 55 442 Group 18 WILDFLOWER SOD NORTH CENTRAL SOUTH Under 2 000 sf $ $ $ Under 2 000 sf delivered & unloaded $ $ $ 2,000 sf or more, but less than a truckload, delivered & unloaded $ $ $ Sod Installation -at time of delive $ $ $ Sod Installation -for sod rovided b others $ $ $ Site re aration -er hour $ $ $ TOTAL $ $ $ TRUCKLOAD PRICING Direct from sod fann delivered unloaded and installed Truckload rate er uare foot s $ $ $ $ $ $ Number of er truckload Number of s uare feet r allet ON22-027 Sod and Sod Installation Services 56 443 444 445 446 Event Number E-28-23 Event Title MULCH Event Type ITB Issue Date 9/8/2023 12:32:19 AM (ET) Close Date 9/14/2023 02:00:00 PM (ET) Responding Supplier City State Response Submitted Lines Responded FWR,LLC Medley FL 9/14/2023 01:41:58 PM (ET)17 East Coast Mulch Jupiter FL 9/13/2023 11:03:10 AM (ET)* Advanced Mulch, Inc.Palm Beach Gardens FL 9/13/2023 12:30:11 PM (ET)** IAMWHOIAM, LLC Pompano Beach FL 9/14/2023 01:44:19 PM (ET)33 *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. **Advanced Mulch declined to renew. 447 Line Description QTY UOM Unit Extended Unit*Extended*Unit Extended Unit Extended 1 Group 1: Broward County 1 EA 1.1 Item A: Mulch, bulk, delivered, red 2507 CY 30.00 $75,210.00 $27.81 $69,719.67 ****$35.50 $88,998.50 1.2 Item B: Mulch, bulk, delivered, brown 5650 CY 30.00 $169,500.00 $27.81 $157,126.50 ****$35.50 $200,575.00 1.3 Item C: Mulch, bulk, delivered, gold 168 CY 31.80 $5,342.40 $33.99 $5,710.32 ****$35.50 $5,964.00 1.4 Item E: Mulch, bagged, delivered, red 17000 bags 2.50 $42,500.00 No Bid No Bid $3.35 $56,950.00 1.5 Item F: Mulch, bagged, delivered, brown 6040 bags 2.50 $15,100.00 No Bid No Bid $3.35 $20,234.00 1.6 Item G: Mulch, bagged, delivered, gold 3000 bags 2.50 $7,500.00 No Bid No Bid $3.35 $10,050.00 1.7 Item H: Mulch, bagged, delivered, Melaleuca 21270 bags No Bid No Bid No Bid $3.35 $71,254.50 1.8 Item I: Mulch, rubber, bagged, delivered, supersacks 30 each No Bid No Bid No Bid $1,000.00 $30,000.00 1.9 Item J: Engineered wood fiber, bulk, installed per cubic yards 6580 CY No Bid $49.44 $325,315.20 No Bid $152.50 $1,003,450.00 1.10 Item K: Playground safety wood chips, bulk, installed per cubic yards 6020 cy No Bid No Bid ****$152.50 $918,050.00 1.11 Item L: mulch, bulk, installed, red, per cubic yard 20020 CY No Bid $30.90 $618,618.00 ****$105.00 $2,102,100.00 1.12 Item M: mulch, bulk, installed, brown, per cubic yard 5400 CY No Bid $30.90 $166,860.00 ****$105.00 $567,000.00 1.13 Item N: mulch, bulk, installed, gold, per cubic yard 2550 CY No Bid $30.90 $78,795.00 ****$105.00 $267,750.00 *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. FWR,LLC East Coast Mulch*ADVANCED MULCH INC**IAMWHOIAM, LLC **Advanced Mulch declined to renew. 448 Line Description QTY UOM Unit Extended Unit*Extended*Unit Extended Unit Extended 2 Group 2: Miami-Dade County 1 EA 2.1 Item A: Mulch, bulk, delivered, red 100 CY $30.00 $3,000.00 $36.05 $3,605.00 No Bid $35.50 $3,550.00 2.2 Item B: Mulch, bulk, delivered, brown 900 CY $30.00 $27,000.00 $36.05 $32,445.00 No Bid $35.50 $31,950.00 2.3 Item C: Mulch, bulk, delivered, gold 100 CY $30.00 $3,000.00 $43.26 $4,326.00 No Bid $35.50 $3,550.00 2.4 Item D: Mulch, bulk, delivered, Melaleuca 4066 CY No Bid $36.05 $146,579.30 No Bid $40.50 $164,673.00 2.5 Item E: Mulch, bagged, delivered, red 17000 bags $2.50 $42,500.00 No Bid No Bid $3.35 $56,950.00 2.6 Item F: Mulch, bagged, delivered, brown 8440 bags $2.50 $21,100.00 No Bid No Bid $3.35 $28,274.00 2.7 Item G: Mulch, bagged, delivered, gold 1000 bags $2.50 $2,500.00 No Bid No Bid $3.35 $3,350.00 2.8 Item K: Playground safety wood chips, bulk, installed per cubic yard 550 cy No Bid $77.25 $42,487.50 ****$155.00 $85,250.00 2.9 Item M: mulch, bulk, installed, brown, per cubic yard 500 CY No Bid $72.10 $36,050.00 No Bid $105.00 $52,500.00 *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. FWR,LLC East Coast Mulch*ADVANCED MULCH INC IAMWHOIAM, LLC **Advanced Mulch declined to renew. 449 Line Description QTY UOM Unit Extended Unit*Extended*Unit Extended Unit Extended 3 Group 3: Palm Beach County 1 EA 3.1 Item A: Mulch, bulk, delivered, red 11300 CY $32.00 $361,600.00 $27.81 $314,253.00 ****$35.50 $401,150.00 3.2 Item B: Mulch, bulk, delivered, brown 800 CY $32.00 $25,600.00 $27.81 $22,248.00 ****$35.50 $28,400.00 3.3 Item C: Mulch, bulk, delivered, gold 15000 CY $32.00 $480,000.00 $36.05 $540,750.00 ****$35.50 $532,500.00 3.4 Item D: Mulch, bulk, delivered, Melaleuca 1000 CY No Bid $27.81 $27,810.00 No Bid $40.50 $40,500.00 3.5 Item E: Mulch, bagged, delivered, red 1660 bags $2.70 $4,482.00 No Bid No Bid $3.35 $5,561.00 3.6 Item F: Mulch, bagged, delivered, brown 2160 bags $2.70 $5,832.00 No Bid No Bid $3.35 $7,236.00 3.7 Item J: Engineered wood fiber, bulk, installed per cubic yard 5700 CY No Bid $49.44 $281,808.00 No Bid $155.00 $883,500.00 3.8 Item K: Playground safety wood chips, bulk, installed per cubic yard 800 cy No Bid No Bid ****$155.00 $124,000.00 3.9 Item L: mulch, bulk, installed, red, per cubic yard 5000 cy No Bid $30.90 $154,500.00 ****$102.50 $512,500.00 3.10 Item M: mulch, bulk, installed, brown, per cubic yard 1500 CY No Bid $30.90 $46,350.00 ****$105.00 $157,500.00 3.11 Item N: mulch, bulk, installed, gold, per cubic yard 50 CY No Bid $39.14 $1,957.00 ****$105.00 $5,250.00 *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. FWR,LLC East Coast Mulch*Advanced Mulch Inc**IAMWHOIAM, LLC **Advanced Mulch declined to renew. 450 Lines Attribute Name FWR,LLC East Coast Mulch*Advanced Mulch, Inc.IAMWHOIAM, LLC 1 Delivery Time After Receipt of Order 10 4 7 3 2 Additional Items at Awarded Contract Price 90 4 7 60 3 Extension of prices, terms and conditions to other governmental entities Yes Yes Yes Yes 4 Conflict of Interest No No No No 5 Drug-Free Workplace Yes Yes Yes Yes 6 Vendor Certification Regarding Scrutinized Companies Lists (Any Dollor Amount)Certified Certified Certified Certified 7 Acknowledgement of Addenda Yes Yes Yes Yes 8 Terms & Conditions Agree Agree Agree Agree 1 Minimum Order Bulk 100 yard min - Installed 25 yard min 50 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards 1 Minimum Order Bulk 100 yard min - Installed 100 yard min 60 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards 1 Minimum Order Bulk 100 yard min - Installed 25 yard min 50 cubic yards Minimum Order for bags: 20 Pallets Minimum Order for Cubic Yards: 100 Cubic Yards **Advanced Mulch declined to renew. *Pursuant to E-28-23 Section F - Cost Adjustment, a 3% price increase was permitted , as year-on-year CPI was 3.4%. 451 RESOLUTION NO. 0 QOR 7`/! A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HOLLYWOOD, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RENEW A BLANKET PURCHASE AGREEMENT WITH JUNIPER LANDSCAPING OF FLORIDA, LLC FOR ATHLETIC FIELD MAINTENANCE SERVICES IN AN ANNUAL AMOUNT UP TO $412,000.00. WHEREAS, on May 19, 2021, the City Commission passed and adopted Resolution No. R-2021-111, approving a Blanket Purchase Agreement PA600356 BPA") with Juniper Landscaping of Florida, LLC ("Juniper") for an amount up to 400,000.00 for athletic field maintenance services for the following facilities: Boggs Field East; Boggs Field — West; Driftwood; Hollywood West; Rotary Park; and Washington; and WHEREAS, on September 7, 2022, the City Commission passed and adopted Resolution No. R-2022-249, amending Resolution No. R-2021-111 with Juniper for athletic field maintenance services for the following facilities: Boggs Field — East; Boggs Field — West; Driftwood; Hollywood West; Rotary Park; and Washington Park, to include the initial three-year term for the period from May 20, 2021 to May 19, 2024, with two additional one- year optional renewal periods as outlined in the solicitation document; and WHEREAS, the Department of Parks, Recreation and Cultural Arts ("PRCA") seeks to increase the BPA by$12,000.00; and WHEREAS, this additional cost includes an approved 3% Consumer Price Index rate increase and maintenance fees that will increase the BPA from $400,000.00 annually to $412,000.000 annually; and WHEREAS, PRCA desires to issue the first of two one-year renewals to the BPA in an annual amount up to $412,000.00 over the first one-year renewal period from May 20, 2024 to May 19, 2025; and WHEREAS, Section 38.49(C)(1) of the Procurement Code states that when a contract entered into by the City pursuant to City Commission approval provides for one or more renewals by affirmative action of the City and the estimated annual cost of'a renewal exceeds $250,000.00, only the City Commission is authorized to approve such renewals, which includes this desired renewal; and WHEREAS, the Director of PRCA recommends that the City Commission approve and authorize the first one year renewal of the BPA with Juniper in an annual amount up to 412,000.00; and 452 WHEREAS, a portion of the funding for the renewal of the BPA is available in the FY 2024 Operating Budget in account number 001.300701.57200.531170.000000.000.000, and will be budgeted in subsequent fiscal years' operating budget subject to approval and adoption by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF HOLLYWOOD, FLORIDA. Section 1: That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are incorporated in this Resolution. Section 2: That it approves and authorizes the renewal, by the appropriate City officials, of the BPA with Juniper, together with such non-material changes as may subsequently be agreed to by the City Manager and approved as to form by the City Attorney. Section 3: That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED this / 7 day of n /Z/ 24. JO H LEVY, Y ATTE—I P TRICIA A. CERNY,.v MC CITY CLERK AP 0 E O FORM: OUGLAS . GONZALES CITY ATT NEY 453 From:Certificate of Insurance To:Karl Chuck; Certificate of Insurance Subject:RE: Juniper Date:Thursday, February 29, 2024 12:54:48 PM The COI is acceptable Thanks, Stacy From: Karl Chuck <KChuck@hollywoodfl.org> Sent: Wednesday, February 28, 2024 4:55 PM To: Certificate of Insurance <COI@hollywoodfl.org> Subject: Juniper See attached for Juniper Landscaping. Juniper maintains the sports turf and baseball/softball clay at seven City ballfields. Annual expenditure $330k - $360k. KC 454 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/29/2023 Brown &Brown of FL,Inc.-Fort Myers 6611 Orion Drive Suite 201 Fort Myers FL 33912 Lorie Frost 12392780278 239-278-5306 lorie.frost@bbrown.com Pennsylvania Manufacturers'Association Insurance 12262 JUNIP-1 Great American Insurance Company 16691JuniperLandscapingofFlorida,LLC Including all Subsidiaries 4415 Metro Parkway Suite 300 Fort Myers FL 33916 Accredited Specialty Insurance Company 16835 Gemini Insurance Company 10833 Capitol Specialty Insurance Corporation 10328 Transverse Specialty Insurance Company 1995741532 F X 1,000,000 X 50,000 Excluded 1,000,000 2,000,000 X TSAHGL0000031-00 7/1/2023 7/1/2024 2,000,000 A 2,000,000 X X X X Personal Inj 1522751093921 7/1/2023 7/1/2024 Personal Injury Prot 10,000 B X 10,000,000TUE3161764047/1/2023 7/1/2024 10,000,000 A N 2022751093921 7/1/2023 7/1/2024 1,000,000 1,000,000 1,000,000 D C E Professional Cyber Pollution VPPL016981 2CIAFL17S011250200 EV2018460705 1/1/2023 7/3/2023 1/1/2023 1/1/2024 7/3/2024 1/1/2024 Professional Cyber Pollution $1,000,000 5,000,000 $100000/$3000000 Additional Named insureds; Juniper Group Acquisition LLC,Juniper Landscaping Holdings,LLC,Juniper Landscaping of Florida,LLC,Juniper of Bradenton,LLC,Coast to Coast Landscaping,LLC,Prestige Property Maintenance Inc.,Juniper Landscape Services,LLC,Yohes Lawncare and Landscaping,Battista Farms Certificate holder is additional insured in regards to the general liability and auto liability.30 days notice of cancellation except for non-payment City of Hollywood 2600 Hollywood Blvd.Suite 303 P.O.Box 229045 Hollywood FL 33022-9045 455 Line Item Description Category Name UOM 1 BOGGS FIELD: Boggs East / Police Athletic League Field Maintenance 988-03 Month 2 BOGGS FIELD: Boggs West Field Maintenance 988-03 Month 3 BOGGS FIELD: Boggs East / Police Athletic League Irrigation Maintenance 988-03 Month 4 BOGGS FIELD: Boggs West Irrigation Maintenance 988-03 Month 5 BOGGS FIELD: Bermuda Turf Installation (includes removal, disposal, site prep and installatio 988-03 Square Foot 6 BOGGS FIELD: Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesal 988-03 7 BOGGS FIELD: Chemicals & Fertilizerson SiteOne Landscape Supply Catalog: Wholesal 988-03 8 BOGGS FIELD: Miscellaneous supplies and materials 988-03 9 DRIFTWOOD: Driftwood Field Maintenance 988-03 Month 10 DRIFTWOOD: Driftwood Irrigation Maintenance 988-03 Month 11 DRIFTWOOD: Bermuda Turf Installation (includes removal, disposal, site prep and installatio 988-03 Square Foot 12 DRIFTWOOD: Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesa 988-03 13 DRIFTWOOD: Chemicals & Fertilizers 988-03 14 DRIFTWOOD: Miscellaneous supplies and materials 988-03 15 HOLLYWOOD WEST: Hollywood West Field Maintenance 988-03 Month 16 HOLLYWOOD WEST: Hollywood West Irrigation Maintenance 988-03 Month 17 HOLLYWOOD WEST: Bermuda Turf Installation (includes removal, disposal, site prep and installatio 988-03 Square Foot 18 HOLLYWOOD WEST: Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesa 988-03 19 HOLLYWOOD WEST: Chemicals & Fertilizers 988-03 20 HOLLYWOOD WEST: Miscellaneous supplies and materials 988-03 21 ROTARY PARK: Rotary Park Field Maintenance 988-03 Month 22 ROTARY PARK: Rotary Park Irrigation Maintenance 988-03 Month 456 23 ROTARY PARK: Bermuda Turf Installation (includes removal, disposal, site prep and installatio 988-03 Square Foot 24 ROTARY PARK: Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesa 988-03 25 ROTARY PARK: Chemicals & Fertilizers 988-03 26 ROTARY PARK: Miscellaneous supplies and materials 988-03 27 WASHINGTON PARK: Washington Park Field Maintenance 988-03 Month 28 WASHINGTON PARK: Washington Park Irrigation Maintenance 988-03 Month 29 WASHINGTON PARK: Bermuda Turf Installation (includes removal, disposal, site prep and installatio 988-03 Square Foot 30 WASHINGTON PARK: Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesa 988-03 31 WASHINGTON PARK: Chemicals & Fertilizers 988-03 32 WASHINGTON PARK: Miscellaneous supplies and materials 988-03 33 SUPPLEMENTAL WORK: St. Augustine "Floratam" Sod 988-03 Square Foot 34 SUPPLEMENTAL WORK: Tifway 419 Sod 988-03 Square Foot 35 SUPPLEMENTAL WORK: Celebration Bermuda Sod 988-03 Square Foot 36 SUPPLEMENTAL WORK: Bahia Sod 988-03 Square Foot 37 SUPPLEMENTAL WORK: Red Mulch - 2 cu. ft bag 988-03 Each 38 SUPPLEMENTAL WORK: Spanish Gold Mulch - 2 cu. ft bag 988-03 Each 39 SUPPLEMENTAL WORK: Soil - 70/30 mix 988-03 Cubic Yard 40 SUPPLEMENTAL WORK: Soil 80/20 mix 988-03 Cubic Yard 41 SUPPLEMENTAL WORK: Red Mulch - Blown 988-03 Cubic Yard 42 SUPPLEMENTAL WORK: Spanish Gold Mulch - Blown 988-03 Cubic Yard 43 SUPPLEMENTAL WORK: Annuals Mix 988-03 Cubic Yard 44 SUPPLEMENTAL WORK: Sand - Golf Course Trap Sand 988-03 Cubic Yard 45 SUPPLEMENTAL WORK: Sand - 70/30 mix 988-03 Cubic Yard 46 SUPPLEMENTAL WORK: Crimson Stone for Baseball/Softball Warning Tracks (Installed 1/2 inch thick)988-03 Square Foot 47 SUPPLEMENTAL WORK: Field Clay for Baseball/Softball Infields and Pitcher's Mounds 988-03 Ton 48 SUPPLEMENTAL WORK: Bio-Barrier 12" Root Barrier 988-03 Linear Foot 457 49 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Laborer/Groundskeeper 988-03 Hour 50 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Irrigation Technician - Certified -988-03 Hour 51 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Large Equipment Operator 988-03 Hour 52 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Supervisor/Foreman 988-03 Hour 53 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Graduate Horticulturist 988-03 Hour 54 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Bobcat w/operator 988-03 Hour 55 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Front end loader w/operator 988-03 Hour 56 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: 18-yard dump truck w/driver 988-03 Hour 57 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: 75-ton crane w/operator 988-03 Hour 58 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Work boat w/operator 988-03 Hour 59 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Climber/trimmer 988-03 Hour 60 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Chipper truck w/operator 988-03 Hour 61 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Bucket truck w/operator 988-03 Hour 62 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Water Truck w/operator 988-03 Hour 63 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Spray Technician 988-03 Hour 64 LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Laser Grading of Sports Field 988-03 Hour 65 Per pricing and services per Bid# F-4664-21-RL 988-03 Monthly Months CPI Not To Exceed $12,000 Estimated Annual Cost 458 Price CPI 3% Increased by New Price $ 2,201.35 0.03 $ 66.04 2267.39 $ 4,904.15 0.03 $ 147.12 5051.27 $ 195.80 0.03 $ 5.87 201.67 $ 286.01 0.03 $ 8.58 294.59 $ 1.35 0.03 $ 0.04 1.39 $ - 0.03 $ - 0.00 $ - 0.03 $ - 0.00 $ - 0.03 $ - 0.00 $ 5,686.55 0.03 $ 170.60 5857.15 $ 331.64 0.03 $ 9.95 341.59 $ 1.35 0.03 $ 0.04 1.39 $ - 0.03 $ - 0.00 $ - 0.03 $ - 0.00 $ - 0.03 $ - 0.00 $ 4,904.15 0.03 $ 147.12 5051.27 $ 286.01 0.03 $ 8.58 294.59 $ 1.35 0.03 $ 0.04 1.39 $ - 0.03 $ - 0.00 $ - 0.03 $ - 0.00 $ - 0.03 $ - 0.00 $ 4,285.07 0.03 $ 128.55 4413.62 $ 249.90 0.03 $ 7.50 257.40 459 $ 1.35 0.03 $ 0.04 1.39 $ - 0.03 $ - 0.00 $ - 0.03 $ - 0.00 $ - 0.03 $ - 0.00 $ 4,121.95 0.03 $ 123.66 4245.61 $ 240.39 0.03 $ 7.21 247.60 $ 1.35 0.03 $ 0.04 1.39 $ - 0.03 $ - 0.00 $ - 0.03 $ - 0.00 $ - 0.03 $ - 0.00 $ 0.95 0.03 $ 0.03 0.98 $ 1.60 0.03 $ 0.05 1.65 $ 1.60 0.03 $ 0.05 1.65 $ 0.95 0.03 $ 0.03 0.98 $ 4.25 0.03 $ 0.13 4.38 $ 4.25 0.03 $ 0.13 4.38 $ 78.00 0.03 $ 2.34 80.34 $ 79.20 0.03 $ 2.38 81.58 $ 40.00 0.03 $ 1.20 41.20 $ 41.00 0.03 $ 1.23 42.23 $ 117.50 0.03 $ 3.53 121.03 $ 137.84 0.03 $ 4.14 141.98 $ 78.00 0.03 $ 2.34 80.34 $ 235.00 0.03 $ 7.05 242.05 $ 113.58 0.03 $ 3.41 116.99 $ 19.85 0.03 $ 0.60 20.45 460 $ 35.00 0.03 $ 1.05 36.05 $ 55.00 0.03 $ 1.65 56.65 $ 85.00 0.03 $ 2.55 87.55 $ 55.00 0.03 $ 1.65 56.65 $ 65.00 0.03 $ 1.95 66.95 $ 85.00 0.03 $ 2.55 87.55 $ 95.00 0.03 $ 2.85 97.85 $ 120.00 0.03 $ 3.60 123.60 $ 350.00 0.03 $ 10.50 360.50 $ 350.00 0.03 $ 10.50 360.50 $ 65.00 0.03 $ 1.95 66.95 $ 130.00 0.03 $ 3.90 133.90 $ 130.00 0.03 $ 3.90 133.90 $ 45.00 0.03 $ 1.35 46.35 $ 75.00 0.03 $ 2.25 77.25 $ 180.00 0.03 $ 5.40 185.40 30,573.29$ 0.03 917.20$ 31490.49 12 12 12.00 366,879.48$ 11,006.38$ 377885.86 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases over $100,000 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-217- Approve a piggyback agreement with GT Supplies, Inc., for the repair and maintenance of Solid Waste and Recycling equipment for commercial customers containers with an annual expenditure not to exceed $250,000, utilizing City of West Palm Beach Contract ITB 22-23-111MK. Requested Action: Staff recommends approval of Proposed Resolution No. R24-217. Explanation of Request: Term: September 13, 2024 - April 19, 2026 On May 07, 2019, the City Commission approved to Award Bid # 027-2515-19/MFD to GT Supplies, for Front Load Containers and Roll Off Repairs. The bid expired on May 07, 2024, hence the Public Works Department is requesting approval to piggyback the City of West Palm Beach Contract ITB 22-23-111MK. The ability to administer repairs in a timely manner on the City's containers is critical to providing high-quality service to sanitation customers. The initial term of the Agreement between City of West Palm Beach and GT Supplies, Inc. was three (3) years with two (2) additional one-year renewal options, commencing on April 19, 2023. How will this affect city programs or services? To provide repairs to dumpster and roll off containers to ensure their availability and use for the City's customers. Fiscal Impact: This is a budgeted item. Attachments: R24-217 Agenda_Item_2037-2023_Resolution_for_GT_Supplies_piggyback (1).docx Exhibit A to Resolution - GT Supplies Piggyback Agreement.pdf Exhibit A to Agmt - City of West Palm Beach - GT Supplies - Master Agreement - ITB 22-23- 111.pdf Intent to Award - City of West Palm Beach - GT Supplies.pdf Agenda Item May 07, 2019.pdf 539 RESOLUTION NO. R24-2171 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH GT SUPPLIES, INC., FOR 4 DUMPSTER AND CONTAINER REPAIR AND MAINTENANCE SERVICES IN AN ANNUAL 5 AMOUNT NOT TO EXCEED $250,000; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS,the City of West Palm Beach issued an Invitation to Bid (ITB) No. 22-23-111MK 8 for Dumpster/Container Repair and Maintenance Services, and on March 9, 2023, awarded a three 9 (3) year contract, Master Services Agreement for Dumpster/Container Repair and Maintenance 10 Services, Contract No. 27492.001 (the “West Palm Beach Agreement”) to GT Supplies, Inc., 11 (Vendor), commencing April 19, 2023, with two (2) additional one-year renewal options; and 12 WHEREAS, the City desires to repair and maintain dumpster and containers based on the 13 West Palm Beach Agreement, and may obtain other products and services upon amendment to 14 this Agreement; and15 WHEREAS,the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, 16 provides authority for the City to acquire or contract for services without utilizing a sealed 17 competitive method or the written quotations methods where the desired services are the subject 18 of an agreement that utilizes another government entity’s contract, provided that the contract 19 was awarded based strictly on competitive bidding; and 20 WHEREAS,in order to acquire services to repair and maintain dumpsters and containers, 21 the City’s Solid Waste Department is requesting the City enter into a Piggyback Agreement with 22 the Vendor; and 23 WHEREAS,the City and Vendor have agreed to allow the City to piggyback the West 24 Palm Beach Agreement; and25 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 26 best interests of the city's citizens and residents to approve a Piggyback Agreement with GT 27 Supplies, Inc., for Dumpster and Container Repair and Maintenance Services in an annual amount 28 not to exceed $250,000.29 30 31 32 540 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 33 BEACH, FLORIDA, THAT:34 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption.36 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 37 approve a Piggyback Agreement between GT Supplies, Inc., and the City for Dumpster and 38 Container Repair and Maintenance Services in an annual amount not to exceed $250,000 (the 39 “Piggyback Agreement”), in form and substance similar to that attached as “Exhibit A. “40 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 41 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 42 execute any ancillary documents required under the Piggyback Agreement or necessary to 43 accomplish the purposes of the Piggyback Agreement and this Resolution.44 SECTION 4.One fully-executed original of the Piggyback Agreement shall be retained 45 by the City Clerk as a public record of the City. A copy of the fully-executed Piggyback Agreement46 shall be provided to Ydelsi Rodriguez to forward to the Vendor.47 SECTION 5.This Resolution shall take effect in accordance with law.48 [signatures on following page]49 50 541 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.51 CITY OF BOYNTON BEACH, FLORIDA52 YES NO53 Mayor – Ty Penserga __________54 55 Vice Mayor – Aimee Kelley __________56 57 Commissioner – Angela Cruz __________58 59 Commissioner – Woodrow L. Hay __________60 61 Commissioner – Thomas Turkin __________62 63 VOTE ______64 ATTEST:65 66 ___________________________________________________________67 Maylee De Jesús, MPA, MMC Ty Penserga68 City Clerk Mayor69 70 APPROVED AS TO FORM:71 (Corporate Seal)72 73 _______________________________74 Shawna G. Lamb75 City Attorney76 542 543 544 545 546 547 548 549 550 551 MEMO To: Keith A. James, Mayor From: Samuel A. Thomas, Sr. Asst. City Attorney Date: April / 2023 File No: 27492.001 WEST PALM BEACH Oty Attorney Received City of West Palm Beach Mayor's Office APR 1'87023 Dept. 410 Public Works 40iaBrjii^au^ Vtesa Pam BsacJis FL SSWjW Re: GT Supplies; City Dumpsters; Repair & Maintenance Svs. Transmitted herewith are contract documents for the Mayor's signature vyhich have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk’s Office. The Mayor is authorized to execute the document in accordance with: [x] Procurement Code. Q Commission Approval. Resolution No. □ C'ity Charter Sec. If authorized by the Procurement Code, the procurement method is: □Small Purchase □Quotes □Single Source 0 Competitive Solicitation □Cooperative □Sole Source □Emergency Procurement □Piggyback □ Procurement No. TIB 2-23-111 Contract Amount: $Master Est. Expiration Date: April 2026 Contract terni: 3-Year S Renewal available: 2 1-Year Applicable EEO Program: N/A To: Office of the City Clerk Please: Attest to the execution by the Mayor and insert the date. Estimated Record Retention Review: May 2031 Please retain one original as a public record and fonArard the other original with a copy of this memo to: Leon Pinder, Public Works To: Leon Pinder, Public Works Please forward the fully-signed original contract document to the vendor/contractor. If a new contract with this contractor/vendor Request W-9 if not provided. 1st APR fS' 2023 1 - City original; 2- Department; 3- EEO Office 552 MASTER SERVICES AGREEMENT [Dumpster/Containers Repair and Maintenance Services] Contract No. 27492.001 Provider Name. GT Supplies. Inc. Provider Address: 7010 Barbour Road. Riviera Beach, FL 33407 Email: tr@gtsupplies.com Telephone: 561-881-8101 FEI/EIN # 65-0877931 Services: The Services shall include providing all materials, equipment, tools, labor and incidentals necessary for the repair and maintenance of City dumpsters, on as needed basis, as may be requested by the City. A detailed description of the Services is attached as Exhibit A. Services shall be performed in accordance with the terms and provisions of this Agreement including, but not limited to the Scope of Services attached as Exhibit A, the Special Terms attached as Exhibit B, Providers Quote (the “Unit Prices"] attached as Exhibit C. the FEMA Provisions attached as Exhibit D, ITB No. 22-23-111 attached and incorporated herein by this reference though, due to size, not attached and Providers Bid. attached and incorporated herein though, due to size not attached. Terms of the Bid or Quote not addressed in this Agreement are not made part of this Agreement. In the event of a conflict, this Agreement controls. City Procurement: ITB No. 22-23-111 Provider’s quote: Attached as Exhibit C. Special Terms: Attached as Exhibit B. Equipment /Systems Involved: All materials, equipment, tools and machinery necessary to perform the Services Method of Ordering Work. Purchase Order. Services in an amount less than $10,000.00 may be requested by Purchase Order issued by the City. Each Purchase Order will detail the scope of work, schedule for completion and compensation based on the rates and prices established in this Agreement. Upon receipt of a quote from the service provider detailing the scope of work, the price estimate and the completion time, the department will prepare the Purchase Order and attach the quote. All such work shall be performed and invoiced pursuant to the terms of this Agreement. All terms and conditions of this agreement are applicable to each Purchase Order. Upon completion of each work task, the Provider will submit a separate invoice, along with the Purchase Order, indicating the date work was performed, the description of the person performing the work, and the rates and work performed, identifying the person or job title that performed the work and the rates and charges based on the contract. No Purchase Order may be issued for Services to be completed after the expiration of this Agreement. Work Orders: Services in the amount of $10,000.00 or more will be requested in advance by the City via written work order signed by the Provider and City. Work orders will be issued by the City on an as-needed basis. Each work order will detail the specific scope of work, schedule for completion and compensation based on the unit prices contained in this Agreement. No work is authorized until a work order is fully executed by the City. Any Contract No. 27492.001 FORM MASTER SVS 050713 1 553 amendment to a work order is not effective and not authorized until such amendment is fully executed by the City. All terms and conditions of this Agreement will be applicable to each Work Order. Upon completion of each Work Order task, the Provider will submit a separate invoice, a copy of the Work Order and the appropriate completed Small Business or MWBE participation form. Invoiced rates and charges shall be based on the contract. No minimum quantity of work orders nor minimum amount of compensation is guaranteed under this Agreement. No Work Order may be issued for Services to be completed after the expiration of this Agreement. The form of City's work order is attached to this Agreement as Exhibit E. Work Order Completion: Work Orders shall be completed within the time indicated for each Work Order. Fee; Unit Prices: The Fee for each individual purchase order or work order shall be specified in the order and shall be based on the unit prices shown in Exhibit C. Small Business Goal: N/A Accounts Payable Information: If “Remit To” address differs from Provider address above, provide Remit To Address: THIS AGREEMENT ("Agreement”) is made by and between the PROVIDER identified above and the City of West Palm Beach (“City”), 401 Clematis Street, West Palm Beach, FL 33401. In consideration of the covenants and conditions set forth in this Agreement, the Provider and City agree as follows: 1. Services. City will issue Work Orders for Services under this Master Agreement. Provider shall provide all equipment, materials and labor necessary to provide the services described above, and in more detail in each Work Order (the “Services”). Provider shall render the Services in a diligent, careful and thorough manner consistent with good business practice. Time shall be of the essence with respect to all matters set forth in this Agreement. The Services shall be completed, to the City’s satisfaction, in accordance with the time frames established in each Work Order. 2. Fee. The City shall pay Provider, for Services completed satisfactorily, the Fee indicated on each Work Order, based on the unit prices under this Agreement (the "Fee”). The Fee shall be the sole compensation paid to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations under this Agreement and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. The Fee established in each duly executed Work Order shall be the only basis for payment to Provider by the City. 3. Invoices. Invoices must identify the PO number and the Contract Number. For fastest processing, invoices should all be emailed to; wpbap@wpb.org Alternatively, mailed to: City of West Palm Beach Accounts Payable, P.O. Box 3366 West Palm Beach, FL 33402-3366. Invoices requesting reimbursement of expenses shall include copies of all documentation of the expenses, to the satisfaction of the City. Contract No. 27492.001 FORM MASTER SVS 050713 2 554 Invoices shall show the actual hours worked, person performing services, the Service performed and/or deliverable provided, hourly rate, and dates(s) of service. Invoices requesting reimbursement of expenses shall include copies of all documentation of the expenses, to the satisfaction of the City. Invoices received from Provider pursuant to this Agreement shall be reviewed and are subject to the prior approval of the City to determine if services have been rendered in conformity with the Agreement. 4. Payment. The Fee shall be paid in accordance with the Payment Schedule and upon acceptance of deliverables satisfactory to the City and receipt of a proper invoice from Provider. Payment of Fees will be made in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes, as amended, which provides for prompt payment, interest payments, a dispute resolution provided detailed invoices are submitted in compliance with the terms of this Agreement. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Provider, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or incomplete rendition of the Services. In order for both parties to close their books and records. Provider shall submit its final invoice no later than four (4) months after completion of all Services under this Agreement. Provider shall clearly indicate “Final Invoice’ on its final invoice. Such indication shall certify to the City that all Services have been properly performed and all charges and costs owed in connection with this Agreement have been invoiced to the City. Any requests for reimbursement or fee payment under a work authorization, if not properly included on the final invoice or not submitted within four (4) months of completion of Services, are waived by Provider. Payment of invoices will be made to Provider via electronic automated clearing house, based on account information provided by Consultant on the Vendor ACH Enrollment Form provided with this Agreement. 5. Term. a. Term. This Agreement shall remain in effect for three (3) years from the date of execution of this Agreement by the City. The City shall execute this Agreement last. This Agreement may be extended for two (2) additional terms of one (1) year each; provided a written Amendment to this Agreement is executed by the parties. The term extension is optional for the parties and nothing in this Agreement gives Provider a right to any term extension. b. Price Adjustment Based on Market Conditions, Should the Provider assert that due to material or market conditions during the term of the contract, an adjustment to pricing is necessary, the Provider shall submit a written request for price adjustment to the Procurement Official. Such price increase request shall be accompanied by Provider’s documentation to substantiate the need for the price increase. The request shall be submitted on Provider's official company letterhead, and be dated and signed by an authorized company official, and include manufacturer's certification of costs. The Procurement Official shall consider whether the requested price increase is fair and reasonable and is aligned with current market rates. If a request for price increase is accepted, the new price shall be included in a written contract amendment and shall apply only as of the date of full execution of the amendment. In the event the City does not agree to the requested price increase, the Provider shall continue under the contract, or may decline to renew the contract, if the contract has not already been renewed. Any orders placed prior to the effective date of the price increase will not be affected by the approved price increase and will be invoiced at the unit price in effect at the time the order was plac^. The Provider will complete delivery and the City will receive delivery on any orders placed prior to the renewal, whether or not a price increase is granted. Failure to complete delivery may result in a termination of the contract and/or result in suspension or debarment of the Provider according to the West Palm Beach Procurement Ordinance Section 66-123 or debarred according to Section 66-124, Debarment Contract No. 27492.001 FORM MASTER SVS 050713 3 555 6. Representations, Warranties and Covenants of Provider 6.1 Authority. Provider hereby represents and warrants to the City that it has full power and authority to enter into and fully perform its obligations under this Agreement wittiout the need for any further corporate or governmental consents or approvals, and that the persons executing this Agreement are authorized to execute and deliver it. 6.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. 6.3 No Contingency. Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Provider, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Provider, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract fee, or otherwise recover, the full amount of such fee. commission, percentage, gift, or consideration. 7. Standard of Care. The standard of care for all Services performed or furnished by Provider under this Agreement will be superior to the care and skill ordinarily used by members of Provider's profession practicing under similar circumstances or at the same time and in the same locality. 8. CompHance with Laws. In the conduct of the Services under this Agreement, Provider shall comply in all material respects with all applicable federal and state laws and regulations and alt applicable county and City ordinances and regulations, including ethics and procurement requirements. 9. Independent Contractor. It is specifically understood that Provider is an independent contractor. If Provider is an individual: (i) Provider is not an employee of the City: (ii) this Agreement is not a contract of employment and that no relationship of employer/employee or principal/agent is or shall be created nor shall exist by reason of the performance of the Services under this Agreement; (iii) Provider will not be eligible to participate in any employee benefit maintained by the City; (iv) Provider will not be covered by the City’s workers’ compensation insurance; (v) Provider will be solely and exclusively responsible for payment of all taxes due in respect of all compensation and/or other consideration received by Provider under this Agreement. If Provider is a business firm: (i) Provider acknowledges that its employees will not be covered by the City’s workers' compensation insurance; (ii) Provider shall be responsible for social security, unemployment and disability taxes and all other payroll taxes due with respect to Provider’s employees who provide Services under this Agreement; (iii) Provider shall have no authority to bind City to any contractual or other obligation whatsoever; (»v) Provider shall be responsible to the City for all work or services performed by Provider, its employees, agents, or subcontractors under this Agreement. 10. Right to Audit Provider shall maintain adequate records for the Services performed under this Agreement for five (5) years following completion of the Services, or conclusion of any litigation regarding this Agreement. The City shall have the right to audit Provider’s books and records, at the City’s expense, upon prior notice, with regard to the Services provided to the City under this Agreement. Provider shall allow the City or its representative to interview all current or former employees to discuss matters pertinent to this Agreement. If an audit inspection in accordance with this section discloses overpricing or overcharges (of any nature) by Provider to the City in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the City's Internal Audit department shall be reimbursed to the City by the Provider and (2) a 15% penalty of the overpricing or overcharges shall be assessed. Any adjustments and/or payments which must be made as a result of the audit inspection, including any interest, audit costs and penalties shall be made by the Provider within 45 days from presentation of City’s findings to Provider. Failure by Provider to permit such audit shall be grounds for termination of this Agreement by the City. 11. Property Rights. Any work product, including but not limited to reports, plans, drawings, tracings, sketches, photographs, videos, illustrations, presentations, PowerPoint, specifications, maps, computer files, electronic data, and other documents (electronic or paper) prepared or created in the course of the performance of the Services or obtained in the performance of this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for hire and shall be the exclusive property of the City upon their creation without restriction or limitation on their use and will be made available, upon request, to the City at any time during the performance of such Services. Upon delivery to the City of said Contract No. 27492.001 FORM MASTER SVS 050713 4 556 work product, the City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. Provider will not copyright any material or work product developed under this Agreement. Any reuse of Provider's prepared documents by the City, except for the specific purpose intended hereunder, will be at City's sole risk and without liability or legal exposure to Provider or its sub-Providers. 12 Insurance. Provider shall purchase from and maintain during the term of the Services, and all applicable statutes of limitation periods, the following insurance: (a) Comprehensive General Liability insurance in an amount not less than $1,000,000.00 Combined Single Limit per each occurrence and $1,000,000 aggregate, with bodily injury limits, which may not be subject to a self-insured retention or deductible exceeding $25,000. (b) Worker’s Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $500,000 "each accident." $500,000 "disease policy limit," and $500,000 "disease each employee" unless an opt out letter in conformance with Florida Statutes, Chapter 440, has been provided to the City. □ Provider is the sole owner and/or employer with less than four non-construction employees and opts out of workers' compensation coverage under Florida Chapter 440. Provider understands that Provider must comply with Sec. 440.055, F.S.. and other applicable regulations. Provider is an independent contractor. Provider Signature (c) Automobile Liability: Not less than $1,000,000.00 for injuries per person in any one accident or occurrence and $1,000,000.00 in the aggregate for injuries per occurrence or accident, with $100,000.00 for property damage in any one accident or occurrence. May not be subject to a self­ insured retention or deductible exceeding $10,000. Self-insurance shall not be acceptable. All insurance policies shall be issued by companies that (a) are authorized to transact business in the State of Florida, (b) have agents upon whom service of process may be made in Palm Beach County, Florida, and (c) have a best's rating of A- VI or better. Additional Insured: All liability insurance policies shall name and endorse the following as additional insured(s): the City of West Palm Beach and its commissioners, officers, employees and agents. Certificate of Insurance: Provider shall provide the City Risk Manager with a copy of the Certificate of Insurance and endorsements evidencing the types of Insurance and coverage required prior to the commencement of Services. It is the Provider’s responsibility to ensure that the City’s Risk Manager and the Department both have a current Insurance Certificate and endorsements at all times. If Provider’s insurance policy is a claims made policy. Provider shall maintain such insurance coverage for a period of five (5) years after the expiration or termination of ^is Agreement Applicable coverage may be met by keeping the policies in force, or by obtaining an extension of coverage commonly known as a reporting endorsement of tail coverage. The provisions of this section shall survive beyond the expiration or termination of this Agreement. 13. Indemnity. Provider agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages that may be asserted, claimed or recovered against or from City, its commissioners, officials, employees or agents arising out of or incidental to or in any way connected with Provider’s performance of the Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the provision of the Services under this Agreement; (b) property damage or personal injury, which damage, injury or death arises out of or is incidental to or in any way connected wltti Provider's execution of Services under this Agreement; or (c) the violation of federal, state, county or municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not limited Contract No. 27492.001 FORM MASTER SVS 050713 5 557 to, the performance of this Agreement by Provider or any act or omission of Provider, its agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims or the investigation thereof. Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its employees, and officers, including but not limited to appellate proceedings, and shall pay all costs, judgments and attorneys’ fees which may issue thereon. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Provider under this indemnification provision. To the extent considered necessary by the City, any sums due Provider under this Agreement may be retained by City until ail of City's claims for indemnification have been resolved, and any amount withheld shall not be subject to the payment of interest by City. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. This paragraph shall not be construed to require Provider to indemnify the City for City’s own negligence, or intentional acts of the City, its agents or employees. Nothing in this Agreement shall be deemed to affect the rights, privileges and sovereign immunities of the City as set forth in Section 768.28, Florida Statutes. This clause shall survive the expiration or termination of this Agreement. 14. Termination. 14.1 The City shall have the right to terminate and Work Order and/or this Agreement, in whole or in part, with or without cause, and for its convenience, upon five (5) calendar days written notice to Provider. In the event of termination, the City shall compensate the Provider for all authorized Services satisfactorily performed through the termination date under the payment terms contained in this Agreement. 14.2 Provider shall immediately deliver all documents, written information, electronic data and other materials concerning City projects in its possession to the City and shall cooperate in transition of its consulting duties to appropriate parties at the direction of the City. 14.3 Upon termination, this Agreement shall have no further force or effect and the parties shall be relieved of all further liability hereunder, except that the provisions of this Section and the provisions regarding the right to audit, property rights, insurance, indemnification, governing law and litigation shall survive termination of this Agreement and remain in full force and effect. 15. Warranty. Provider shall warrant that the Services shall be free from improper workmanship and/or defective materials for one (1) year from completion. 16. Notices. Notices required hereunder shall be given by written notice sent by registered U.S. mail, return receipt requested, or by electronic transmission producing a written record, if to the City, to P.O. Box 3366, West Palm Beach, FL 33402, attention: City Administrator, and if to Provider, to the address set forth above. 17. Taxes, Provider understands that in performing the Services for the City, Provider Is not exempt from paying sales tax to Provider’s suppliers for materials required for Provider to perform under this Agreement. Provider shall not be authorized to use City’s tax exemption number for purchasing supplies or materials. 18. Availability of Funds. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing In this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice to Provider. The City shall be the sole and final authority as to the availability of funds. 19. Lobbying Certification. Provider certifies to the best of its knowledge and belief that no funds or other resources received from the State in connection with this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. Contract No. 27492.001 FORM MASTER SVS 050713 6 558 20. Non Discrimination. Provider shall not discriminate against any person because of race, color, religion, sex. gender identity or expression, genetic information, national origin, age, disability, familial status, marital status or sexual orientation. 21. Assignment, This Agreement requires the skills and experience of Provider and may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns. 22. Force Maieure. Any deadline provided for in this Agreement may be extended, as provided in this paragraph, if the deadline is not met because of one of the following conditions occurring with respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake, volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the foregoing conditions interferes with contract performance, then the party affected may be excused from performance on a day-for-day basis to the extent such party's obligations relate to the performance so interfered with; provided, the party so affected shall use reasonable efforts to remedy or remove such causes of non*performance. The party so affected shall not be entitled to any additional compensation by reason of any day-for-day extension hereunder. 23. Ethics: Conflict of interest. 23.1 Provider represents that it has not given or accepted a kickback in relation to this Agreement and has not solicited this Agreement by payment or acceptance of a gratuity or offer of employment. 23.2 Provider represents that it has not solicited this contract by payment of a gift or gratuity or offer of employment to any official, employee of the City or any City agency or selection committee. 23.3 Provider represents that it does not employ, directly or indirectly, the mayor, members of the city commission or any official, department director, head of any City agency, or member of any board, committee or agency of the City. 23.4 Provider represents that it does not employ, directly or indirectly, any official of the City. Provider represents that it does not employ, directly or indirectly, any employee or member of any board, committee or agency of the City who, alone or together with his household members, own at least five percent (5%) of the total assets and/or common stock of Provider. 23.5 Provider represents that it has not knowingly given, directly or indirectly, any gift with a value greater than $100 in the aggregate in any calendar year to the mayor, members of the city commission, any department director or head of any City agency, any employee of the City or any City agency, or any member of a board that provides regulation, oversight, management or policy-setting recommendations regarding Provider or its business. 23.6 Provider represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with its performance under this Agreement. Provider further represents that no person having any interest shall be employed or engaged by it for said Services. 23.7 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or hold any continuing or frequently recurring employment, contractual relationship, business association or other circumstance which may influence or appear to influence Provider’s exercise of judgment or quality of the Services being provided under this Agreement. Provider, its officers, personnel, subsidiaries and subcontractors shall not perform consulting work for any third party that would in any way be in conflict with the Services to be provided to the CRA under this Agreement. 23.8 In the event Provider is permitted to utilize subcontractors to perform any services required by this Agreement. Provider agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 24. Public Entity Crimes Act, Provider represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that Provider and its subcontractors under this Agreement have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months from the date of submitting a proposal for this Contract No. 27492.001 FORM MASTER SVS 050713 7 559 Agreement or entering into this Agreement. Violation of this section may result tn termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City’s competitive procurement activities. 25. Unauthorized Aliens, The knowing employment by Provider or its sub-contractorss of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of this Agreement which results in unilateral termination 26. Small Business Requirements. Provider shall comply with the City's Small Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm Beach, which is incorporated herein by this reference. Provider shall comply with the small business commitment contained in Provider's Proposal. Provider shall maintain all relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the City to inspect and audit such records. 27. Public Records Law. Provider shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Provider in conjunction with this Agreement. Failure by the Provider to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the City. 28. Governing Law. This Agreement shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. The City and Provider submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County. Florida, or the Federal Southern District of Florida. Provider agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum noncor)veniens. To encourage prompt and equitable resolution of any litigation, each party HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. 29. Severability. In the event that any term or provision of this shall to any extent be held invalid or unenforceable, it is agreed that the remainder of this Agreement, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the maximum extent permitted by law. 30. Waiver. Any waiver by either party hereto of any one or more of the covenants, conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement. 31. Headings, The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 32. Inspector General. Provider is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Provider and its subcontractors and lower tier subcontractors. Provider understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Provider or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 33. Scrutinized Companies List, Pursuant to Fla. Stat. Sec. 287.135, Provider represents that Provider is not on the Scrutinized Companies that Boycott Israel List, maintained by the State of Florida, and is not engaged in a boycott of Israel. Provider further represents that it is not on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engages in business activities in Sudan or Cuba. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 34. E-Verifv. tn compliance with Section 448.095, Fla. Stat., Provider shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of new employees hired by Provider during the term of this Agreement. Provider shall require all subcontractors performing services under this Agreement to verify the employment eligibility of new employees hired by the subcontractor during the term of Contract No. 27492.001 FORM MASTER SVS 050713 8 560 this Agreement. Provider shall require each of its subcontractors to provide Provider with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. The City, Provider, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat, or the provisions of this section shall terminate the contract with the person or entity. A contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Provider acknowledges that upon termination of this Agreement by City for a violation of this section by Provider, Provider may not be awarded a public contract for at least one (1) year. Provider further acknowledges that Provider is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Provider or its subcontractor shall insert in any subcontracts the clauses set forth in this section and shall require subcontractors to include these clauses in any lower tier subcontracts. 35. Entire Agreement; Exhibits: Amendment. All Exhibits attached to this Agreement, physically or by reference, are incorporated into the terms and conditions of this Agreement. In the event of any conflict between this Agreement and any Exhibits, this Agreement governs. This Agreement embodies the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to the subject matter. This Agreement may only be modified by written amendment executed by the City and Provider. 36. Controlling Provisions. Except as otherwise specifically provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the Procurement Solicitation and/or Proposal, the provisions shall be given precedence in the following order; (1) this Agreement, (2) the Procurement Sollcitafion; and (3) the Proposal. Wherever possible, the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. 37. Dlgitat Signature. The parties to this Agreement may agree to execute this Agreement, and al) subsequent amendments or modifications to it, by digital signature, in accordance with Ch. 668, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year last executed below. Print Name: GT SUPPLIES. INC Title: By: Date: CITY ATTORNEY’S OFFICE Approved as to fojp and legality Contract No. 27492.001 FORM MASTER SVS 050713 9 561 EXHIBIT A SCOPE OF SERVICES Provider shall provide all materials, equipment, tools, labor and incidentals necessary for the timely repair, maintenance and transport of various size metal dumpsters as requested by the City on an as needed basis and in accordance with the terms set forth in this Contract. The City will identify vrtnich dumpster/containers will be repaired or maintained. Services may include, but not be limited to, the following: • Removedecals, grind and paintthe removal space • Removedecals, grind, paintand install newlids • Removedecals, grind, paint, cut off old hinges, replace hinges and install newlids • Minorrepairs(E.g.weldbrokensleeves, hinges, patchholes) • Cut off old bottoms and replace with newfabricated steel bottoms • Replace casters Top Frame & Sides • Cut out and remove al) rusted and damaged frame/ channel • Fabricate & weld the new frame/ channel • Straighten all bent and twisted top frame/ channel • Straighten all bent side Lid Installation (Lids are provided by the City) • Repair or Replace hinges • Fabricate one (1) 1/12" pipe coupling & install Into the hinges Bottom Plate & Skirts • Fabricate & weld 6" steel skirts around bottom of the steel dumpsters • Fabricate & weld two (2) 3" channels for stands • Cut out and remove all rusted areas or entire bottom plate • Fabricate & weld new bottom plate with mill steel (12 gauge) for steel dumpster Paint • Loose rust, scale, dirt, oil, grease, and other detrimental substances, shall be thoroughly removed by hand cleaning, power tool cleaning, blast cleaning or any combination of these methods. Hand cleaning may include the use of metal brushes, grinders, sanders, or any approved combination of these tools. Bristle or wood fiber brushes shall be used to remove loose dust. • Paint with industrial rust -preventive paint Wheel Installation (Wheels are provided by the City) • Service wheels; replace wheel on caster, oil caster, replace caster/wheel with tow bolts, nuts and washers, • Repair and straighten wheel plates • Install wheel plates: weld onto bottom of container (1) 8" x 8" x 'A" aluminum plate, drill two holes, bolt on new/repaired wheel with two bolts, nuts and washers • Install wheels: replace with two bolts for aluminum dumpsters or weld onto wheel pad or bottom for steel dumpsters 562 EXHIBIT B SPECIAL TERMS 1. The Services. a. Services will be requested by the City on an as needed basis. b. The City does not guarantee any minimum amount of work, or the extent of the services required. This Agreement shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. c. Provider will be responsible for transporting dumpsters/containers to and from the location site. d. Provider shall provide the name, address, and phone number of the person(s) to be contacted for the placement of orders and coordination of services on a Monday through Friday basis and maintain a constantly monitored 24-hour a day phone number(s) to contact for service. e. All services provided under this Agreement shall be performed in a skillful and workmanlike manner. The City may. In writing, require Provider to remove any employee from work that the City deems incompetent or careless. Provider shall have an English-speaking supervisor/representative on the worksite at all times, who shall be thoroughly knowledgeable of all dumpster repair techniques, processes and procedures and has the authority to act in the Provider's behalf. f. All work shall be performed according to the standards of the dumpster repair industry and to the complete satisfaction of the City. Provider shall correct all non-conforming work and any and all damage caused by their operations to the City’s satisfaction at no additional cost to the City. g. For any work performed on City property, the Provider(s) shall at all times keep the areas adjacent to the worksite free from rubbish and the accumulation of any waste materials. Upon completion of any work on City Property, the property shall be restored, at the minimum, to the condition that existed prior to start of work, and shall be approved by the City of West Palm Beach representative. h. It shall be a part of the agreement that before, during and after a public emergency, disaster, hurricane, flood or Act of God that the City of West Palm Beach, shall require, and receive, a "first priority" basis for goods and services. i. Provider shall maintain a safe work environment at all times. Provider shall report immediately to City’s authorized representative, the existence of unsafe condition(s), which may compromise the performance of the service. All Providers and subcontractors performing services for the City are required and shall comply with all Occupational Safety and Health Administration (OSHA) Standards, State and County Safety and Occupational Health Standards and any other applicable rules and regulations. All Providers and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area. j. In the event of a disaster and or emergency, work will be awarded to the Provider(s) first available to respond. Funds for services under the resulting contract may be derived from federal grants and therefore Provider must comply with federal guidelines (see Federal Required Contract Provisions, attached as (Exhibit ). The federal 563 funds appropriated by the Federal Emergency Management Agency (FEMA) will be administered through the State of Florida. k. 564 WEST PALM 6EA.CH (B3)<Pa6n (Betufi SCHEDULE OF BID ITEMS rre No:22-2S*111*MK PROJECT TITLE: OunifisterfCantBlnerB Repair and Maintenance SarvICBS Remove decals, grind & paint Remove decals, grind, paint & Install new lids Remove decals, grind, paint, cut oR old Mnges, nplaeo hinges and Install new Ode Minor repair (be. weld Oreksn aleevea, hinges, patch holes) Cut out old bottom and replaeewfth now fabricated steel bottom {price per container size) Cutout old bottom and replace with new fabricated steel bottom (price per container size) 2CY ICY 4CY 6CY 8CY Replace casters (price per caster) Major repair not covered In above (hourly rate) Front Load lid rod Lock bar dssembty Front load lid (price per lid per container size) 2CY SCY 4CY. 8CY er SCY $65.00 $90.00 $105.00 $95.00 $355.00 $445.00 $510.00 $625.00 $675.00 $18.95 $85.00 $10.00 $31.00 $23.00 $25.00 $27.00 42. signature of OfRcIal authorized to bind Bidder:. m mm.: Todd Roesch GT Supplies, Inc.Bidder Company Warne: President 3/5/2023 Failure Jo IbUv comDlete.flnd tian this Bid Form mav result In refecftin of lhe BM. END SCHB^ULE OF BID ITEIVIS Bipoeas: IKE CRY MAS PSOVIDeD AN eLESTAOMC SPReAeSKBETPOR BSIIEM TABULATION. (T 0 HANDATORY THAT ALL BIDOERS PfteVIOE BOtN A HONED PAPER BD TABULATION AHO ELECTROWC SD TABULATIONL THE ELeCTROMIC BIS TABULATION 8HAU BS SUBMITTED VITTH THE PAPER 8D TABULATtOH BY MEANS OF A RASIOHNS. PAPER BIO TABULATUH AMD BLECTRQNB 60 TABULATION SMAU. BE MATERIALLY COKS0TEKT AKO OONTAM TKB SAKS HFORUATION. IN CASE OP OaCREPANCY, THB StONEO PAPER BIO TABULATION 8HAIX PREVAIL PAILURS TO SUBJUT ANO ELeCTRONIC COPY/VERSIOH OP THE PROVIOeO BO TABULATION SHALL BE CAUS6 FOR REJECTION OF THE BID. 26 565 WEST PALM BEACH March 9, 2023 Via Email tr@gtsupplies.com GT Supplies, Inc. Attention: Todd Roesch 7010 Barbour Road Riviera Beach, FL. 33407 RE: Notice of Intent to Award City of West Palm Beach Procurement Division 401 Clematis Street, 5th Floor West Palm Beach, FL 33401 TEL: (561) 822-2100 TTYL: 800-955-8771 1TB 22-23-111/MK Dumpster/Container Repair and Maintenance Services Dear Mr. Roesch, On behalf of the City of West Palm Beach, please accept this Notice of Intent to Award a contract to your firm pursuant to the above referenced solicitation. We will commence preparation of a contract and will contact you for any required documentation or additional information needed. Pursuant to Sec. 66-70 of the City's Code of Ordinance, your firm and the City will be contractua lly bound only if and when a written contract between the parties is duly and fully executed. Thank you for your cooperation. We look forward to a successful working relationship with your firm. If you have any questions, please call Monica Keel at ( 561) 494-1055 Sincerely, Donna . even ood, CPPO, CPPB Procurement Official Cc: File Public Works 566 7.C. Consent Bids and Purchases Over $100,000 5/7/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/7/2019 REQUESTED ACTION BY COMMISSION: Award Bid # 027-2515-19/MFD for Front Load Containers and Roll Off Repairs to GT Supplies, Inc. of Riviera Beach, FL as the lowest, most responsive and responsible bidder who met all specifications for the anticipated annual expenditure of $200,000 on an "As Needed" basis. EXPLANATION OF REQUEST: Bid Term: May 8, 2019 - May 7, 2021 On April 16, 2019, Procurement Services opened and tabulated two (2) proposals for "Front Load Containers and Roll Off Repairs". All bids were reviewed by the Public Works Department. It was determined to recommend this award to GT Supplies, Inc. MCS Mobile Container Service, Inc. was deemed non-responsive due to required documents not being submitted. The City is seeking to secure firm, fixed prices from a qualified vendor for repairs of the City's containers on an as needed basis. Dumpster repairs have been delayed the past several years. The estimated annual expenditure of $200,000 will be sufficient to repair the delayed dumpsters and to keep up with demand of new repairs. The bid will allow for three (3) additional one (1) year renewals subject to vendor acceptance ,satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? To provide repairs to dumpster and roll off containers to ensure their availability and use for the City's customers. FISCAL IMPACT: Budgeted Funds are budgeted and available FY 16/17 expenditures $58,531.00 FY 17/18 expenditures $58,469.50 FY 18/19 expenditures to date $29,002.00 Account 431-2515-534-4693 Estimated Annual Expenditure $200,000 ALTERNATIVES: Obtain quotes on an "As Needed" basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Addendum Price Tabulation Sheet Addendum Responsiveness Tabulation Sheet Addendum GTS Submittal 567 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases over $100,000 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-218- Approve an increase to the annual expenditure of the agreement between the City of Boynton Beach and Blue Marlin Investments d/b/a Cayco Landscaping from $340,000 to a total annual amount of $418,000. Requested Action: Staff recommends approval of Proposed Resolution No. R24-218. Explanation of Request: On November 1, 2022, the City Commission approved Resolution R22-156, authorizing the City Manager to sign an agreement with Blue Marlin Investments, Inc. d/b/a Cayco Landscaping by piggybacking the City of Pembroke Pines Contract #RE-20- 08, for tree trimming services for City parks, medians, and facilities. The annual expenditure approved was $340,000 and the Public Works Department is requesting an increase to $418,000. This increase is needed due to unforeseen projects/emergencies and additional requests to locations served under this contract. The current blanket PO 240086 will be increased to cover current and end-of-fiscal year 2024 open invoices. The City of Pembroke Pines bid process satisfies the City's competitive bid requirements. How will this affect city programs or services? The increase will allow the City to continue requesting tree trimming services to improve the appearance of parks, medians, and facilities, which will allow the City to provide a better level of service to residents and visitors. Fiscal Impact: This is a budgeted item. Attachments: R24-218 Agenda_item_2109-2023_Resolution_for_annual_expenditure.docx Agenda Item Cayco - Tree Trimming Nov 01 2022 Resolution R22-156 City of Pembroke Pines - Contract RE-20-08 Renewal First Amendment to Blue Marlin dba Cayco City of Pembroke Pines 568 RESOLUTION NO. R24-2181 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING THE INCREASE OF THE ANNUAL EXPENDITURE FROM AN 4 AMOUNT NOT TO EXCEED $340,000 TO AN AMOUNT NOT TO EXCEED $418,000 OF 5 THE AGREEMENT FOR TRIMMING SERVICES WITH BLUE MARLIN INVESTMENTS, 6 INC., DBA CAYCO LANDSCAPING; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,the City and Blue Marlin Investments, Inc., d/b/a Cayco Landscaping, entered 9 into an Agreement for Purchasing for Facilities, Median, and Parks Tree Trimming Services 10 effective October 1, 2022, approved by Resolution No. R22-156 on November 1, 2022; and 11 WHEREAS, the City desires to increase the annual expenditure from an amount not to 12 exceed $340,000 to an amount not to exceed $418,000; and13 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 14 best interests of the city's citizens and residents to approve the increase of the annual expenditure 15 from an amount not to exceed $340,000 to an amount not to exceed $418,000 of the Agreement 16 for Trimming Services with Blue Marlin Investments, Inc., d/b/a Cayco Landscaping. 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 approve the increase of the annual expenditure from an amount not to exceed $340,000 to an 24 amount not to exceed $418,000 of the Agreement for Trimming Services with Blue Marlin 25 Investments, Inc. d/b/a Cayco Landscaping.26 SECTION 3.This Resolution shall take effect in accordance with law.27 [signatures on the following page]28 29 569 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.30 CITY OF BOYNTON BEACH, FLORIDA31 YES NO32 Mayor – Ty Penserga __________33 34 Vice Mayor – Aimee Kelley __________35 36 Commissioner – Angela Cruz __________37 38 Commissioner – Woodrow L. Hay __________39 40 Commissioner – Thomas Turkin __________41 42 VOTE ______43 ATTEST:44 45 ___________________________________________________________46 Maylee De Jesús, MPA, MMC Ty Penserga47 City Clerk Mayor48 49 APPROVED AS TO FORM:50 (Corporate Seal)51 52 _______________________________53 Shawna G. Lamb54 City Attorney55 570 11/3/22, 8:29 AM Coversheet https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=13670&MeetingID=506 1/2 7.B. Consent Bids and Purchases Over $100,000 11/1/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/1/2022 Requested Action by Commission: Proposed Resolution No. R22-156 - Approve utilizing the City of Pembroke Pines Contract # RE-20-08 and Authorize the City Manager to sign an agreement with Blue Marlin Investments dba Cayco Landscaping for tree trimming services for parks, facilities and medians for the extent of the contract with an annual expenditure amount of $340,000. The City of Pembroke Pines procurement process satisfies the City's competitive bid requirements. Explanation of Request: Blue Marlin Investments, dba Cayco Landscaping, LLC has been awarded the tree trimming services from the City of Pembroke Pines under a continuing services contract. The Contractor shall provide labor, supervision, equipment, supplies, tools, materials, and other necessary incidentals required to perform tree trimming services at Boynton Beach Parks, Facilities and Medians. The Parks and Grounds Division is seeking consent to piggyback this contract and establish an agreement with Blue Marlin Investments, dba Cayco Landscaping, LLC to provide tree trimming services in parks, medians and facilities at the level of service that is expected by park users and the residents. Currently the tree trimming in the parks, facilities and medians are performed by parks and grounds staff. Staff currently performs tree trimming in parks as regular maintenance and tree trims facilities and medians when the need arises. This is in addition to staff performing regular duties such as landscape maintenance, trash removal and irrigation repairs in city parks. Moving forward with Blue Marlin Investments, dba Cayco Landscaping, LLC will bring in certified arborists to ensure trees in our parks, facilities and medians are properly maintained for the safety of the public and the health of the trees. The pricing for the tree trimming services is based on number of trees in parks, facilities and medians. City will pay areas as provided in the quotes. How will this affect city programs or services? The newly proposed and adequately budgeted tree trimming services will improve the city's parks, facilities and medians appearance and provide for correct agronomic maintenance practices. The effect of improved parks, facilities and medians conditions will allow the city to provide a better level of service to residents, provide better appearance to our city and safety to residents and visitors. Fiscal Impact: Budgeted in Parks and Grounds account 001-2730-572-49-17 Alternatives: Do not utilize the City of Pembroke Pines contract and issue the city’s own bid. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Blue Marlin Investments dba Cayco Landscaping, LLC Start Date: 6/1/2021 End Date: 5/30/2023 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: 571 11/3/22, 8:29 AM Coversheet https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=13670&MeetingID=506 2/2 2 years, with two (2) additional one (1) year renewal periods (City of Pembroke Pines) Attachments: ATTACHMENTS: Type Description Resolution Resolution approving piggyback agreement with Blue Marlin dba Cayco Landscaping for tree trimming Agreement Piggyback Agreement with Blue Marlin Investments, Inc dba Cayco Landscaping Addendum City of Pembroke Pines Contract RE-20-08 572 1 RESOLUTION NO. R22-156 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 5 APPROVING UTILIZING THE CITY OF PEMBROKE PINES 6 CONTRACT#RE-20-08 AND AUTHORIZE THE CITY MANAGER TO 7 SIGN AN AGREEMENT WITH BLUE MARLIN INVESTMENTS DBA 8 CAYCO LANDSCAPING FOR TREE TRIMMING SERVICES FOR 9 PARKS, FACILITIES AND MEDIANS FOR THE EXTENT OF THE 10 CONTRACT WITH AN ANNUAL EXPENDITURE AMOUNT OF 11 340,000.00; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, Blue Marlin Investments, dba Cayco Landscaping, LLC has been awarded the 15 tree trimming services from the City of Pembroke Pines under a continuing services contract 16 which the City of Boynton Beach Parks and Grounds Division is seeking consent to piggyback 17 and establish an agreement with Blue Marlin Investments, dba Cayco Landscaping, LLC to 18 provide tree trimming services in parks, medians and facilities at the level of service that is 19 expected by park users and the residents; and 20 WHEREAS, staff currently performs tree trimming in parks as regular maintenance and 21 tree trims facilities and medians when the need arises which is in addition to staff performing 22 regular duties such as landscape maintenance, trash removal and irrigation repairs in city parks; 23 and 24 WHEREAS, Blue Marlin Investments, dba Cayco Landscaping, LLC will bring in certified 25 arborists to ensure trees in our parks, facilities and medians are properly maintained for the 26 safety of the public and the health of the trees; and 27 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in 28 the best interests of the citizens and residents of the City of Boynton to approve utilizing the 29 City of Pembroke Pines Contract # RE-20-08 and Authorize the City Manager to sign an 30 agreement with Blue Marlin Investments dba Cayco Landscaping for tree trimming services for 31 parks, facilities and medians for the extent of the contract with an annual expenditure amount 32 of $340,000.00. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 34 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Piggy-I3ack With Blue Marlin Dba Cayco Landscaping-Reso.Docx 573 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption 37 hereof. 38 Section 2. The City Commission hereby approves utilizing the City of Pembroke 39 Pines Contract # RE-20-08 and Authorize the City Manager to sign an agreement with Blue 40 Marlin Investments dba Cayco Landscaping for tree trimming services for parks, facilities and 41 medians for the extent of the contract with an annual expenditure amount of $340,000.00, a 42 copy of the Agreement is attached hereto as Exhibit "A. 43 Section 3. This Resolution shall become effective immediately upon passage. 44 PASSED AND ADOPTED this 1st day of November, 2022. 45 CITY OF BOYNTON BEACH, FLORIDA 46 47 YES NO 48 49 Mayor—Ty Penserga 50 51 Vice Mayor—Angela Cruz 52 53 Commissioner— Woodrow L. Hay 54 55 Commissioner—Thomas Turkin 56 57 Commissioner—Aimee Kelley 58 59 VOTE 5-O 61 AT T: 6 6 l ." 01Ib 63 MayleD• esus, MPA, MC Ty Per =rga 64 City Clerk CE Astir,/ iMa • r 65 E z. T -• 00,0RATf••`9•'e` r o ` 69 k •O 2.2a dr Bcnded o ec'' QOVtL;U q• y?tipuc• o` Michael D. Cirullo, Jr. 70 ; Fy-: ST 1J . i"/yPusuc City Attorneyi7.3; ap0 innum 114 •I. Vg •; S:\ I; ESCJ hgee 4'=-'--Back With Blue Marlin Dba Cayco Landscaping-Reso.Docx FOO 574 R22-156 0 \ Aleti ro N t' AGREEMENT FOR PURCHASING City of Boynton Beach Facilities, Median and Parks Tree Trimming Services This Agreement is made as of this 1st day of November, 2022 by and between Blue Marlin Investments, Inc dba Cayco Landscaping with a principal address 3700 NW 10th Ave, Oakland Park, FL 33309 hereinafter referred as "Contractor", and The City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida,with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435,hereinafter referred to as "City". RECITALS WHEREAS,in order to maintain Palms and Hardwood Trees in our city facilities,medians and parks to the public, the City's Public Works is requesting the City enter into an Agreement with Blue Marlin Investments, Inc. dba Cayco Landscaping to provide all material, labor and equipment to facilitate tree trimming at all Boynton Beach Facilities, Medians and Parks by trimming all palms and hardwoods according to A300(ANSI) standards; and WHEREAS, Blue Marlin Investments, Inc. dba Cayco Landscaping has agreed to allow the City to piggyback the City of Pembroke Pines Agreement pursuant to Contract No, J(E-20-08 to provide all material, labor and equipment of facilitate tree trimming at all Boynton Beach Facilities, Medians and Parks by trimming all palms and hardwoods according to A300 ANSI) standards; in the amount of $304,168.15 annually based on Contract No. RE-20-08 for a two (ayear term commencing 10/01/22 with one 1-year optional renewal; and NOW,THEREFORE,in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and Blue Marlin Investments, Inc. dba Cayco Landscaping agree that Blue Marlin Investments, Inc. dba Cayco Landscaping shall provide all material, labor and equipment of facilitate tree trimming at all Boynton Beach Facilities, Medians and Parks by trimming all palms and hardwoods according to A300 (ANSI) standards; in the amount of 304,168.15 annually based upon the City of Pembroke Pines Contract No. Re-20-08 for a two 2)year term commencing 10/01/22, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: 00527258.1 306-9001821) Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Svs 1 575 R22-156 A. All references to the City of Pembroke Pines Contract No. Re-20-08 shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Copy: Michael D. Cirullo,Jr., City Attorney Goren, Cherof,Doody& Ezrol,PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: TAX EXEMPT. Prices applicable to City do not include applicable state and local sales, use and related taxes.The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request City will provide Contractor with proof of tax-exempt status. SOVEREIGN IMMUNITY. Nothing contained in Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended. BINDING AUTHORITY. Each person signing this Addendum on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in this Addendum. ATTORNEY'S FEES.In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 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 a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records,provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable 00527258.1 306.9001821) Piggyback Agreement-Blue Marlin Investments,Inc.dba Cayco Landscaping-Tree Trimming Svs 2 576 R22-156 time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and D. Upon completion of the contract,Contractor shall transfer to the City,at no cost to the City, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the City, upon request from the City's custodian of public records,in a format that is compatible with the information technology systems of the City. E. 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: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us SCRUTINIZED COMPANIES - 287.135 AND 215.473. By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel.The contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The contractor shall have five(5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. E-VERIFY. CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 100527258.1 306-90018211 Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Sys 3 577 R22-156 1. Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary,wages, or other remuneration. C. "E-Verify System"means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Registration Requirement; 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: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. 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. 100527258.1 306-9001821 Piggyback Agreement-Blue Marlin Investments,Inc.dba Cayco Landscaping-Tree Trimming Svs 4 578 R22-156 ie with to the performance of thisDISPUTES. Any disputes that arise between the partiesrespect 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. EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties.A facsimile signature shall constitute an original signature for all purposes. TERMINATION FOR CONVENIENCE. This Agreement may be terminated by the City for convenience,upon fourteen(14)days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Contractor abandons the Agreement or causes it to be terminated, the Contractor shall indemnify the City against loss pertaining to this termination. TERMINATION FOR CAUSE. In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty(30)days after receipt by Contractor of written notice of such neglect or failure. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate contractors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs and expenses, including but not limited to attorneys' fees,including paralegal expenses, liabilities,damages,orders,judgements,or decrees, sustained by the City arising out of or resulting from (A) Contractor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Contractor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Contractor's failure to take out and maintain insurance as required under this Agreement. Contractor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable including appellate proceedings, and shall pay all costs,judgements, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of Agreement. LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Contractor beyond the amount remaining due to Contractor under the Agreement., regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Contractor for punitive or exemplary damages or for lost profits or consequential damages. INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Contractor is an independent 00527258.1 306.9001821} Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Svs 5 579 R22-156 contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. COUNTERPARTS AND EXECUTION. This Addendum may be executed by electronic signature or by hand,in multiple originals or counterparts,each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Addendum by the Parties shall be legally binding,valid and effective upon delivery of the executed documents to the other Party through facsimile transmission, email, or other electronic delivery. COMPLIANCE WITH LAWS.Contractor hereby warrants and agrees,that at all times material to the Agreement, Contractor shall perform its obligations in compliance with all applicable federal, state, local laws, rules and regulations, including Section 501.171, Florida Statutes. Non- compliance may constitute a material breach of the Agreement. ASSIGNMENT. In the event Agreement, and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Contractor, Contractor must gain prior written consent from City thirty (30) days before such transfer. For purposes of Agreement, any change of ownership of Company shall constitute an assignment which requires City's approval. Notwithstanding the foregoing, Contractor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation,merger or sale of substantially all of its assets related to this Agreement.Contractor shall provide City written notice of any such corporate reorganization,consolidation,merger or sale of substantially all of its assets related to this Agreement within thirty(30)days of such event. AGREEMENT SUBJECT TO FUNDING. The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Contractor to refund any prepaid fees. CONFLICT. In the event of any conflict or ambiguity by and between the terms and provisions of Agreement,and the terms and conditions contained in the Agreement with the City of Pembroke Pines, the Parties agree the terms and provisions contained in this Agreement shall control to the extent of any such conflict or ambiguity. Section 1. Entire Agreement. The Agreement and this Addendum, and any subsequent amendments or purchase orders signed by the Parties hereto shall constitute the entire understanding of the Parties. Section 2. Severability. If any provision of this Addendum or application thereof to any person or situation shall to any extent,be held invalid or unenforceable, the remainder of this Addendum, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Section 3. In the event that the Blue Marlin Investments, Inc. dba CAYCO Landscaping agreement with the City of Pembroke Pines is amended, or terminated, Blue Marlin 00527258.1 306-9001821) Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Svs 6 580 R22-156 Investments, Inc. dba CAYCO Landscaping shall notify the City within ten(10) days. In the event Blue Marlin Investments, Inc. dba CAYCO Landscaping agreement is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated until specifically amended or terminated by the parties hereto. Section 4.Blue Marlin Investments,Inc.dba CAYCO Landscaping agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges, or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the Blue Marlin Investments, Inc. dba CAYCO Landscaping Agreement with the City of Pembroke Pines are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. 00527258.1 306-9001821) Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Svs 7 581 R22-E56 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, LORIDA BLUE MARLIN INVESTMENTS DBA CAYCO LANDSC. ING Daniel Duggcr, City Mana6cr Signaturc)-+ y 0:•,Al_l- a11. . P-1,A2A/C2- Pit Name of Authorized Official W./4..Slota___ Title Approved as to Fo , lii Michael D. Cirullo, Jr., City Attorney Corporate Scal) Attcst/Authcnt' .t/': Adie Attested/Authenticated: 7,2 P Signature), Witn*. iii ,I OS Al Q Qn cit o-v v,OAb City Ceti• Print Name" 00,NTON.,.. iii• —• SENL : tN 192O / I I F10R'°P r.0:72.5+I"•r,.wklti I I P g b.kk AFncinrnl Blue Aladin!mt.-dint-8K Inc dlu Capco tends.aping Env Tramming Ss. N I 582 R22-156 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, LORIDA BLUE MARLIN INVESTMENTS DBA CAYCO LANDSCAPING f Daniel Dugger, City Mana_er Signature), Company Print Name of Authorized Official Title Approved as to Fo . Michael D. Cirullo, Jr., City Attorney Corporate Seal) Attest/Authenticated: Attested/Authenticated: Signature), Witness 1...1_1 _01/;-- City I ler; Print Name D NTO/y``‘‘ SEAL 1ED:0 1NCORPORA 1920 ; FLOR' 100527258.1 306-9001821 1 Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Svs 8 583 R22-156 EXHIBIT A AGREEMENT BETWEEN THE CITY OF PEMBROKE PINES AND BLUE MARLIN INVESTMENTS DBA CAYCO LANDSCAPING 100527258.1306-9001821) Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Svs 9 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 City of Pembroke Pines Page 1 of 5 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PEMBROKE PINES AND BLUE MARLIN INVESTMENTS, INC. D/B/A CAYCO LANDSCAPING THIS AMENDMENT (“First Amendment”), dated ___________________, is entered into by and between: THE CITY OF PEMBROKE PINES, a municipal corporation organized and operating under the laws of the State of Florida, with an address of 601 City Center Way, Pembroke Pines, FL 33025, hereinafter referred to as "CITY", and BLUE MARLIN INVESTMENTS, INC. D/B/A CAYCO LANDSCAPING,a For Profit Corporation as listed with the Florida Division of Corporations, with a business address of 812 96th Court South, Boynton Beach, FL 33472, hereinafter referred to as “CONTRACTOR”. “CITY” and “CONTRACTOR” may hereinafter be referred to collectively as the "Parties" and individually as a “Party”. WHEREAS, on September 28, 2023, the Parties entered into an Agreement (“Original Agreement”) for the provision of trees, plants, and other landscaping materials on as needed basis for various landscaping projects that arise throughout the City, for an initial one (1) year period, which expires on September 27, 2024; and, WHEREAS, the Original Agreement authorized the renewal thereof at the expiration of the initial term for five (5)additional one (1) year terms pursuant to written amendments to the Original Agreement extending the term thereof; and, WHEREAS, the Parties desire to renew the term of the Original Agreement for an additional one (1) year period, which shall commence on September 28, 2024, and naturally expire on September 27, 2025, as set forth in this First Amendment. W I T N E S S E T H NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties hereto agree as set forth below: SECTION 1.The recitations set forth in the above "WHEREAS" clauses are true and correct and incorporated herein by this reference. SECTION 2.The Original Agreement is hereby renewed for an additional one (1) year period, which shall commence on September 28, 2024, and naturally expire on September 27,                 774 City of Pembroke Pines Page 2 of 5 2025. SECTION 3. Scrutinized Companies. CONTRACTOR, its principals or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in Iran Terrorism Sectors List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: 3.1 Any amount if, at the time bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or 3.2 One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company: 3.2.1 Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes; or 3.2.2 Is engaged in business operations in Syria. SECTION 4. Employment Eligibility. CONTRACTOR 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. 4.1 Definitions for this Section. 4.1.1 “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. 4.1.2 “Contractor” includes, but is not limited to, a vendor or consultant. 4.1.3 “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. 4.1.4 “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. 4.2 Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-                775 City of Pembroke Pines Page 3 of 5 Verify System to verify the employment eligibility of: 4.2.1 All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and 4.2.2 All persons (including subvendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Pembroke Pines. 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 Pembroke Pines; and 4.2.3 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. SECTION 5.In the event of any conflict or ambiguity by and between the terms and provisions of this First Amendment, and the Original Agreement, the terms and provisions of this First Amendment shall control to the extent of any such conflict or ambiguity. SECTION 6.The Parties agree that in all other respects the Original Agreement shall remain in full force and effect, except as specifically modified herein. SECTION 7. Each exhibit referred to in the Original Agreement, except as repealed herein, forms an essential part of this First Amendment. The exhibits, if not physically attached, should be treated as part of this First Amendment and are incorporated herein by reference. SECTION 8. Each person signing this First Amendment on behalf of either Party individually warrants that he or she has full legal power to execute this First Amendment on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in this First Amendment. SECTION 9. This First Amendment may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this First Amendment by the Parties shall be legally binding, valid and effective upon delivery of the executed documents                776 City of Pembroke Pines Page 4 of 5 to the other Party through facsimile transmission, email, or other electronic delivery. SIGNATURE PAGE FOLLOWS                777 City of Pembroke Pines Page 5 of 5 IN WITNESS OF THE FOREGOING,the Parties have set their hands and seals the day and year first written above. CITY: CITY OF PEMBROKE PINES, FLORIDA APPROVED AS TO FORM: BY: _____________________________________ Print Name: ______________________ MAYOR ANGELO CASTILLO OFFICE OF THE CITY ATTORNEY ATTEST: BY: _____________________________________ _________________________________ CHARLES F. DODGE, CITY MANAGER DEBRA ROGERS, CITY CLERK CONTRACTOR: BLUE MARLIN INVESTMENTS, INC. D/B/A CAYCO LANDSCAPING Signed By: ________________________________ Printed Name: _____________________________ Title: _____________________________________                                778 City of Boynton Beach Agenda Item Request Form 7.D Consent Bids and Purchases over $100,000 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-219- Approve a First Amendment to the Piggyback Agreement with ErgoFlex Systems, Inc., d/b/a Xybix Systems, Inc., for the second phase of renovation and upgrading of the Boynton Beach Police Department's Communications Center, 2080 High Ridge Road, in an amount not to exceed $135,207.32. Requested Action: Staff recommends approval of Proposed Resolution No. R24-219. Explanation of Request: The Communications Center was last updated in 2012 and currently has five radio consoles. While technology continues to evolve, the communications center requires updating to maintain 24/7 services to the City's fire department, police department, and the community we serve. Upgrade of the communications center will allow for two additional radio consoles and the replacement of ten workstations. Additionally, this will allow for future expansion within our communications center as our city continues to see positive growth. The Boynton Beach City Commission approved phase one of this project on July 16, 2024. Palm Beach County has agreed to provide 100% reimbursement for the second phase of the project which will allow for full completion of the renovations. How will this affect city programs or services? Upgrading the communications center will help leverage modern 911 technology and facilitate rapid and accurate call-taking and dispatching of emergency calls for service. This will enhance public safety services for the City's residents and visitors. Fiscal Impact: Palm Beach County has agreed to provide 100% reimbursement for the project therefore there will be no fiscal impact. Attachments: R24-219 Agenda_Item_2133-2023_Resolution_for_ErgoFlex_Amd__1.docx Exhibit A to Resolution - First Amendment to Ergo Piggyback Exhibit A to Amd - Boynton Beach Police Department 0029257_8WS__QUOTE_35110A- Updated.pdf R24-155 With Signature.pdf 779 RESOLUTION NO. R24-2191 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING THE FIRST AMENDMENT TO THE PIGGYBACK AGREEMENT 4 WITH ERGOFLEX SYSTEMS INC., DBA XYBIX SYSTEMS, INC., FOR THE SECOND PHASE 5 OF RENOVATION AND UPGRADING OF THE BOYNTON BEACH POLICE 6 DEPARTMENT'S COMMUNICATIONS CENTER, IN AN AMOUNT NOT TO EXCEED 7 $135,207.32; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS,on July 16, 2024, the City and Ergoflex Systems, Inc., d/b/a Xybix Systems, Inc.10 (Vendor) entered into a Piggyback Agreement for Public Safety Communications Products, 11 Services, and Solutions (“Piggyback Agreement”), which authorized the City to enter into 12 Amendments to order additional products and services pursuant to the Master Agreement, 13 approved by Resolution No. R24-155 on July 16, 2024; and14 WHEREAS, the City desires to purchase the additional products and services for the 15 second phase of renovation and upgrading of the Boynton Beach Police Department's 16 Communications Center for an amount not to exceed $135,207.32; and17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the city's citizens and residents to approve the First Amendment to the Piggyback 19 Agreement with ErgoFlex Systems Inc., dba Xybix Systems, Inc., for the second phase of renovation 20 and upgrading of the Boynton Beach Police Department's Communications Center, in an amount 21 not to exceed $135,207.32.22 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 a First Amendment to the Piggyback Agreement between ErgoFlex Systems, Inc., d/b/a 29 Xybix Systems, Inc., and the City for the second phase of renovation and upgrading of the Boynton 30 Beach Police Department's Communications Center, in an amount not to exceed $135,207.32 (the 31 “Amendment”), in form and substance similar to that attached as “Exhibit A.“32 780 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 33 authorizes the Mayor to execute the Amendment and such other related documents as may be 34 necessary to accomplish the purpose of this Resolution.35 SECTION 4.One fully executed original of the Amendment shall be retained by the City 36 Clerk as a public record of the City. A copy of the fully executed Amendment shall be provided 37 to Michael Johnson and Matthew Zeller of the Police Department to forward to the Vendor.38 SECTION 5.This Resolution shall take effect in accordance with law.39 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 781 782 783 784 785 786 787 788 RESOLUTION NO. R24-155 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH ERGOFLEX 5 SYSTEMS, INC. D/B/A XYBIX SYSTEMS, INC., FOR WORKSTATIONS TO BE 6 INSTALLED AT THE 911 COMMUNICATIONS CENTER LOCATED AT FIRE 7 STATION NO. 5; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 8 PURPOSES. 9 10 WHEREAS, the State of Washington, acting by and through National Association of State 11 Procurement Officials (NASPO) ValuePoint, competitively procured Public Safety Communication 12 Products, Services and Solutions ("Public Safety Radio") and executed Master Agreement 00318, 13 Public Safety Communications Products, Services, and Solutions; and 14 WHEREAS, on January 1, 2022, the State of Florida signed a Participating Agreement for 15 an Alternate Contract Source with Ergoflex Systems, Inc. d/b/a Xybix Systems, Inc., ("Vendor") to 16 utilize the National Association of State Procurement Officials (NASPO) ValuePoint and awarded 17 a five (5) year agreement No. 43190000-22-NASPO-ACS (collectively the "State of Florida 18 Agreement"), commencing January 1, 2022, with two (2) additional one-year renewal options; and 19 WHEREAS, the City desires to obtain workstations based on Quote No. 33942 and may 20 obtain other products and services upon amendment to this Agreement; and 21 WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, 22 provides authority for the City to acquire or contract for services without utilizing a sealed 23 competitive method or the written quotations methods where the desired services are the subject 24 of an agreement that utilizes another government entity's contract, provided that the contract 25 was awarded based strictly on competitive bidding; and 26 WHEREAS, in order to acquire workstations to be installed at the 911 Communications 27 Center located at Fire Station No. 5, the City's Communication Department is requesting the City 28 enter into a Piggyback Agreement with the Vendor to obtain workstations; and 29 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the State of 30 Florida Agreement; and 31 32 789 33 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 34 the best interests of the citizens and residents of the City to approve a Piggyback Agreement with 35 Ergoflex Systems, Inc. d/b/a Xybix Systems, Inc., for workstations to be installed at the 911 36 Communications Center located at Fire Station No. 5. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 39 BEACH, FLORIDA, THAT: 40 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 41 being true and correct and are hereby made a specific part of this Resolution upon adoption. 42 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 43 approve a Piggyback Agreement, between Ergoflex Systems, Inc. d/b/a Xybix Systems, Inc., and 44 the City for workstations to be installed at the 911 Communications Center located at Fire Station 45 No. 5 (the "Piggyback Agreement"), in form and substance similar to that attached as "Exhibit 46 A." 47 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 48 authorizes the Mayor to execute the Piggyback Agreement and such other related documents as 49 may be necessary to accomplish the purpose of this Resolution. 50 SECTION 4. One fully-executed original of the Piggyback Agreement shall be retained 51 by the City Clerk as a public record of the City. A copy of the fully-executed Piggyback Agreement 52 shall be provided to Michael Johnson and Michael Dauta to forward to the Vendor. 53 SECTION 5. This Resolution shall take effect in accordance with law. 54 55 56 57 signatures on following page] 58 59 790 60 PASSED AND ADOPTED this 16th day of July 2024. 61 CITY OF BOYNTON BEACH, FLORIDA 62 YES NO 63 Mayor-Ty Penserga 64 65 Vice Mayor-Aimee Kelley 66 4./ 67 Commissioner-Angela Cruz 68 69 Commissioner-Woodrow L. Hay 70 71 Commissioner-Thomas Turkin 72 73 VOTE LI ,0 74 AT 75 Alk 77 Maylee D: = us, MPA, ' MC Ty •'' 78 City Cle Mayor BEA "‘ 80 APPROVED AS TO FORM: 81 (Corporate Seal) f p Qom y<o• 82 m 4 $ek;Jh0rlG 84 e/••• per: Shawna G. Lamb 85 r City Attorney 791 C 0 Y ), Y - ON PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ERGOFLEX SYSTEMS,INC.D/B/A XYBIX SYSTEMS,INC. This Piggyback Agreement is made as of this,lbday of July,2024,by and between Ergoflex Systems, Inc. d/b/a Xybix Systems, Inc., with a principal address of 4050 Esplanade Way, Tallahassee, FL. 32399, hereinafter referred to as "Vendor," and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." RECITALS WHEREAS,the State of Washington, acting by and through National Association of State Procurement Officials (NASPO) ValuePoint, competitively procured Public Safety Communication Products, Services and Solutions ("Public Safety Radio") and executed Master Agreement 00318, Public Safety Communications Products, Services, and Solutions. WHEREAS,on January 1, 2022, the State of Florida signed a Participating Agreement for an Alternate Contract Source with Vendorto utilize the National Association of State Procurement Officials (NASPO)ValuePoint and awarded a five(5)year agreement No.43190000-22-NASPO- ACS(collectively the"Master Agreement"),commencing January 1,2022,with two(2) additional one-year renewal options; and WHEREAS,the City desires to obtain workstations based on Quote No. 33942 and may obtain other products and services upon amendment to this Agreement; and WHEREAS,the City's Purchasing Policy Section X—Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract,provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to acquire workstations to be installed at the 911 Communications Center located at Fire Station No. 5, the City's Communication Department is requesting the City enter into a Piggyback Agreement with the Vendor to obtain workstations; and WHEREAS,the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit "A.;" NOW, THEREFORE,in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Piggyback Contract—ErgoFlex Systems 1 792 AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences on July 17, 2024, and will remain in effect until December 31, 2026, with two (1)one-year renewal options ("Term"). The City Manager is authorized to execute amendments renewing the Agreement on behalf of the City. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor agrees to provide products and services to the City based on Quote No. 33942, a copy of which is attached hereto as Exhibit B, on the same terms and in the same manner as set forth in the Master Agreement, a copy of which is attached hereto as Exhibit A, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City,and incorporated herein, except that all references to the "State of Florida" are hereby replaced with the "City of Boynton Beach." The City shall compensate Vendor pursuant to the rates set forth in the Master Agreement for the products and services in an annual amount not to exceed 208,014.08. City may order additional products and services pursuant to the Master Agreement upon a duly executed amendment to this Agreement. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Attn: Accounts Payable 100 E Boynton Beach Blvd Boynton Beach, FL 33435. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked,person performing services, nature of the service, hourly rate,and dates(s)of service. Invoices may be submitted no more frequently Piggyback Contract -ErgoFlex Systems 2 793 than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor,either wholly or in part,and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the services. 6. TAX EXEMPT:Prices applicable to City do not include applicable state and local sales, use, and related taxes.The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. 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 a public agency subject to Chapter 119, Florida Statutes. The Vendor 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 Vendormust 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. Piggyback Contract—ErgoFlex Systems 3 794 E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACTTHE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk(a bbfl.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The 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 the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety 90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.1 35, Florida Statutes, as amended from time to time. 11. E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 12. 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 exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT:This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute Piggyback Contract- ErgoFlex Systems 4 795 the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen(14) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date,including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained,if such neglect or failure shall continue fora period of thirty (30) calendar days' after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors,any of their subcontractors, or sub-subcontractors, from and against claims, demands,or causes of action whatsoever,and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from(A) Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE:At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement,regardless of whether said liability be based in tort, contract,indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractorpursuant to the Agreement and shall not be considered the City's employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state,and local laws, rules, and regulations, including section 501.171, Piggyback Contract—ErgoFlex Systems 5 796 Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Vendor shall constitute an assignment that requires City's approval. Notwithstanding the foregoing, Vendor may, without City's consent,assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty(30) calendar days of such event. 22. AGREEMENT SUBJECT TO FUNDING:The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23. ENTIRE AGREEMENT.The Agreement,including the Master Agreement,sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings,and agreements,written or oral, between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY.If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect,and be enforced to the fullest extent permitted by law. 25. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, 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. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ERGOFLEX SYSTEMS, INC. D/B/A XYBIX SYSTEMS, INC. Ty Pens: g. ayor Zf Piggyback Contract-ErgoFlex Systems 6 797 Signature), Company Print Name of Authorized Official Title Approved as to Form: 4Wg Shawna G. Lamb, City Attorney Corporate Seal) Atest/Authenticated: Attes -. Authenticated: i ...___ c Q Signature), Witness 1; :,I __ ' o € \`-'kms -e C Maylee D:J: City Clerkii, Print Name yNTON /34,N. t:. ATE•••.:C1 tl o/5 NN) ••. Ill ice; C0: 1i -i-.)..•' OSP ' i Illl ....\\‘‘C) r)O:. 1 III %.......••• p 1 Piggyback Contract-ErgoFlex Systems 7 798 City of Boynton Beach Agenda Item Request Form 7.E Consent Bids and Purchases over $100,000 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-220- Approve a Piggyback Agreement with Municipal Emergency Services, Inc., utilizing Lake County, FL, Contract #22-730G, for Fire Equipment, Supplies, and Services for an annual amount not to exceed $160,000. Requested Action: Staff recommends approval of Proposed Resolution No. R24-220. Explanation of Request: This is a budgeted item for the Fire Department equipment program. Fire Equipment, Supplies, and Services at a discounted price via the Lake County Contract. The Lake County Contract meets the City's competitive bid requirements and allows for piggyback purchases. How will this affect city programs or services? This equipment is vital for protecting our Firefighters in the line of duty. Fiscal Impact: The cost of this SCBA equipment services was planned for in this budget year. Attachments: R24-220 Agenda_Item_2121-2023_Resolution_for_Municipal_Emergency_Piggyback.docx Exhibit A to Resolution - 8-23-24 City of Boynton Beach Piggyback Contract -Municipal Emergency_34_SIGNED19.pdf Exhibit A to Piggyback Agmt - Municipal Emergency Services-MES- Lake County Contract 22- 730G.pdf QT1842144.pdf IN2053208.pdf MES Quote.pdf lIN2053247.pdf IN2032776.pdf IN2026840.pdf 799 RESOLUTION NO. R24-2201 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH MUNICIPAL EMERGENCY 4 SERVICES, INC., FOR FIRE EQUIPMENT, SUPPLIES, AND SERVICES WITH AN ANNUAL 5 EXPENDITURE NOT TO EXCEED $160,000; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, in April 2022, Lake County, Florida, issued an Invitation to Bid (ITB) to establish 8 contracts for Fire Equipment, Supplies, and Services; and9 WHEREAS, Lake County, Florida, found Municipal Emergency Services, Inc. (Vendor), to 10 be one of the lowest responsive, responsible bidders and awarded a two-year agreement, 11 Agreement No. 22-730G (the “Lake County Agreement”), commencing August 1, 2022, through 12 July 31, 2023, with two (2) additional 2-year renewal options, with a current expiration date of July 13 31, 2025; and14 WHEREAS, the City desires to obtain Fire Equipment, Supplies, and Services (“Services”) 15 on an as-needed basis; and16 WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, 17 provides authority for the City to acquire or contract for services without utilizing a sealed 18 competitive method or the written quotations methods where the desired services are the subject 19 of an agreement that utilizes another government entity’s contract, provided that the contract 20 was awarded based strictly on competitive bidding; and21 WHEREAS, in order to purchase the City’s Fire Rescue Equipment, the City’s Fire 22 Department is requesting the City enter into a Piggyback agreement with the Vendor to provide 23 the Services; and 24 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Lake 25 County Agreement; and26 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 27 best interests of the city's citizens and residents to approve a Piggyback Agreement with 28 Municipal Emergency Services, Inc., for Fire Equipment, Supplies, and Services with an annual 29 expenditure not to exceed $160,000. 30 31 800 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 32 BEACH, FLORIDA, THAT:33 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption.35 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 36 approve a Piggyback Agreement between Municipal Emergency Services, Inc., and the City for Fire 37 Equipment, Supplies, and Services with an annual expenditure not to exceed $160,000 (the 38 “Piggyback Agreement”), in form and substance similar to that attached as “Exhibit A. “39 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 40 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 41 execute any ancillary documents required under the Agreement or necessary to accomplish the 42 purposes of the Agreement and this Resolution.43 SECTION 4.One fully executed original of the Piggyback Agreement shall be retained 44 by the City Clerk as a public record of the City. A copy of the fully executed Piggyback Agreement45 shall be provided to Midline Civil and Michael Dauta to forward to the Vendor.46 SECTION 5.This Resolution shall take effect in accordance with law.47 [signatures on the following page]48 49 801 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.50 CITY OF BOYNTON BEACH, FLORIDA51 YES NO52 Mayor – Ty Penserga __________53 54 Vice Mayor – Aimee Kelley __________55 56 Commissioner – Angela Cruz __________57 58 Commissioner – Woodrow L. Hay __________59 60 Commissioner – Thomas Turkin __________61 62 VOTE ______63 ATTEST:64 65 ___________________________________________________________66 Maylee De Jesús, MPA, MMC Ty Penserga67 City Clerk Mayor68 69 APPROVED AS TO FORM:70 (Corporate Seal)71 72 _______________________________73 Shawna G. Lamb74 City Attorney75 802 803 804 805 806 807 808 809 810 811 PROCUREMENT SERVICES –DIVISION OFOFFICE OFMANAGEMENT AND BUDGET SERVICES P.O. BOX7800• 315 W.MAINST.,TAVARES, FL32778•P352.343.9839• F352.343.9473 Board of County Commissioners • www.lakecountyfl.gov MODIFICATION OF CONTRACT Modification Number:Three (3) Effective Date: 9/14/2023 Contract Number: 22-730G Title:Fire Equipment, Supplies, and Services Effective Date: 08/01/2022 Contracting Officer: Gretchen Bechtel, CPPB E-mail: gretchen.bechtel@lakecountyfl.gov Telephone Number: 352-343-9765 Contractor Name and Address: Name: Municipal Emergency Services, Inc Address: 12 Turnberry Ln, 2nd Floor City: Sandy Hook, CT 06482 ATTENTION: jrobinson@mesfire.com; rmclester@mesfire.com Issued By: Procurement Services Lake County Administration Building 315 W. Main St., Suite 441 Tavares, Florida 32778-7800 INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten (10) days after receipt. Once fully executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION: Contract modification to ADD additional manufacturers and services per the attached pricing sheets. CONTRACTOR SIGNATURE BLOCK Signature: _______________________________________ Print Name: ______________________________________ Title: ____________________________________________ Date: ____________________________________________ E-mail: ___________________________________________ Secondary E-mail: __________________________________ LAKE COUNTY SIGNATURE BLOCK Signature: Print Name: Title: Date: Distribution: Original – Bid File Copy – Contractor Contracting Officer Jamie Robinson Regional Vice President 9/18/2023 jrobinson@mesfire.com 812 813 PROCUREMENT SERVICES –DIVISION OFOFFICE OFMANAGEMENT AND BUDGET SERVICES P.O. BOX7800• 315 W.MAINST.,TAVARES, FL32778•P352.343.9839• F352.343.9473 Board of County Commissioners • www.lakecountyfl.gov MODIFICATION OF CONTRACT Modification Number:One (1) Effective Date: 9/13/2022 Contract Number: 22-730G Title:Fire Equipment, Supplies, and Services Effective Date: 08/01/2022 Contracting Officer: Gretchen Bechtel, CPPB E-mail: gretchen.bechtel@lakecountyfl.gov Telephone Number: 352-343-9765 Contractor Name and Address: Name: Municipal Emergency Services, Inc Address: 12 Turnberry Ln, 2nd Floor City: Sandy Hook, CT 06482 ATTENTION: jrobinson@mesfire.com; rmclester@mesfire.com Issued By: Procurement Services Lake County Administration Building 315 W. Main St., Suite 441 Tavares, Florida 32778-7800 INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten (10) days after receipt. Once fully executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION: Contract modification to add the highlighted manufacturers and pricing per the attached. CONTRACTOR SIGNATURE BLOCK Signature: _______________________________________ Print Name: ______________________________________ Title: ____________________________________________ Date: ____________________________________________ E-mail: ___________________________________________ Secondary E-mail: __________________________________ LAKE COUNTY SIGNATURE BLOCK Signature: Print Name: Title: Date: Distribution: Original – Bid File Copy – Contractor Contracting Officer Jamie Robinson Regional Vice President 9/13/22 jrobinson@mesfire.com 814 ATTACHMENT 2A - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES ITEM # 1 2a 2b 2c Labor for Equipment Repair (not under warranty)$0.00 per hour 2d Pickup or delivery services offered?Yes 2e Pick up / delivery fee for Equipment $0.00 per call 0 0 0 3 MANUFACTURER Hourly Service Rate Factory Authorized Service Center? YES/NO Hurst ED/EWXT/E3 service - per tool $250.00 Yes Hurst High Pressure service - per tool $140.00 Yes Hurst Low Pressure service - per tool $140.00 Yes Hurst High Pressure pump service - per pump $525.00 Yes Hurst Low Pressure pump service - per pump $525.00 Yes Hurst extension hose - flush $125.00 Yes Hurst extension hose - visual inspection $50.00 Yes Hurst cord reel - flush $175.00 Yes Hurst cord reel - visual inspection $50.00 Yes Hurst non warranty repairs - labor rate per hour $160.00 Yes Lift bag set inspection (1 regulator, 1 controller, hoses) $100.00 Yes LIST MANUFACTURER SUPPORTED. Municipal Emergency Servcies SAVE AND SUBMIT AS AN EXCEL FILE www.mesfire.com Lake County is exempt from all taxes (Federal, State, Local). A Tax Exemption Certificate will be furnished upon request for any direct purchasing. Contractor will be responsible for payment of taxes on all materials purchased by the Contractor for the project. 3789 62 Ave North Pinellas Park FL 33781 Jamie Robinson SHOP LOCATION The following information is required for price redetermination consideration. Assuming prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, insurances, other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of fuel? Which does the firm use: Diesel fuel or Gasoline? Assuming prices quoted include costs for vehicles, maintenance, repair, insurance, fuel, wages, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of wages? Assuming prices quoted include costs for vehicles, maintenance, fuel, wages, insurances, other employee benefits, materials, overhead, operating expenses, etc., what percentage of the rate is directly attributed to the cost of materials? 815 ATTACHMENT 2A - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES Lift bag service per bag (visual inspection, hydrostatic test)$65.00 Yes Compressor service per hour $110.00 Yes Scott Safety non warranty repairs - labor rate per hour $90.00 Yes SCBA cylinder hydrostatic testing $45.00 Yes Mask fit testing - per person $35.00 Yes Mask fit testing - per day $1,500.00 Yes SCBA flow testing $55.00 Yes ANY Service Call - per trip $45.00 Yes 816 ATTACHMENT 2B - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES FIRM'S WEBSITE: Warehouse Location(s): MANUFACTURER Percent Off List In Stock / Lead Time Freight Included WEBSITE 3M Company 15% No 5.11 10% No Able 2 Sho Me 10% No Action 25% No AH Stock 10% No Ajax 5% No Akron Brass 20% No Alcolite (Sam Carbis)10% No Amerex List+10% No American Firewear 15% No Anchor Industries 10% No Angus 20% No Ansul Foam 15% No Avon Manufacturing 5% No B&B Enterprises 15% No Bates (Wolverine)10% No Bayco/NightStick 10% No Bayly Hat Company List No Black Diamond 15% No Blackinton 10% No Blauer List No Boston Leather 20% No Bridgehill List No Bullard - helmets 20% No Bullard - other 10% No CET Pumps 15% No Chemguard 10% No Circul Air List No CMC Rescue 3% No Code 3 20% No Collins Dynamics (Rom Corp)22% No Condor Footwear 5% No Council Tools 20% No Municipal Emergency Services SAVE AND SUBMIT AS AN EXCEL FILE List manufacturer brands supported. www.mesfire.com 3789 62nd Avenue North Pinellas Park, FL 33781 AZ, CA, CO, CT, IL, IN, MD, MI, NC, NE, NY, TX, WA Contact Information For Emergency/Disaster Services (24/7) Name: Email: Emergency Phone: Jamie Robinson Jrobinson@mesfire.com 727-686-0020 817 ATTACHMENT 2B - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES Courtland Boot Jack List No Crew Boss 20% No Danner/LaCrosse 5% No Decon Systems (Saunaray)List No Dicke Tool 15% No Dragonfire (J Scott Solutions)20% No DuPont 5% No Dutyman 5% No Eastern Fire Equipment Services 5% No Edison 20% No Edwards & Cromwell 10% No Edwards Garment Company 5% No Edwards MFG 10% No Elbeco 5% No Elkhart Brass 20% No Energizer List No Ergodyne 20% No ESS 20% No Euramco 15% No EVAC Systems 5% No Fechheimer/Flying Cross 5% No Federal Signal Corp 20% No Fire Hooks Unlimited List+10% No Fire Innovations 10% No Fire Research (FRC)15% No Fire Soaps 5% No Fire Wipes 5% No Firecom 5% No Firecraft - gloves 10% No Firecraft - Sensit 5% No Fire-Dex 10% No First Tactical 10% No Flamefighter 20% No Fol-Da-Tank 20% No Foxfire 10% No FoxFury 10% No Fresh Gear 5% No FSI North America List No Gemtor 20% No Gerber List No GH Armor Per NASPO No Glassmaster Wehr 15% No Grace Industries List No Gripflex Corporation List No Groves/Ready Rack List No Hale Fire Pumps List No Hammerhead (Gear Keeper)15% No Hannay Reels 10% No Harrington 25% No Hebert List No Hero Wipes 5% No Hero's Pride 5% No HexArmor 15% No Homeland 6 (H6 Tactical)10% No Honeywell - boots 10% No Honeywell - helmets & parts 10% No Honeywell Analytics List+5% No 818 ATTACHMENT 2B - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES Honeywell/Morning Pride - PPE 10% No Hope Uniform Company List No Hot Shields 5% No Hotstick List No Humat List No Hurst 5% No Husky 25% No Hydra Shield 12% No Industrial Scientific - accessories List No Industrial Scientific - monitors 10% No J-Tek/CMJ manufacturing List No Justrite 20% No Kappler List No Kochek 25% No Koehler Mfg 20% No Kroll 10% No Kussmaul List No Lakeland 10% No Leatherhead Tools 20% No Liberty Uniform Mfg Co List No Lightning X 10% No Lion Uniforms 10% No Little Giant 5% No Mag Instruments 10% No Majestic Hoods 20% No Majestic Hoods - Gore List No Makita List No Matex 15% No Mechanix Gloves 10% No Mustang Survival 10% No Natale (Circle D)15% No National Foam 5% No National River Supply (NRS)10% No Norco Gas List No NUPLA 15% No OHD List No Original Footwear 5% No Pacific Helmets 5% No Pacific Reflex 15% No Paul Conway Shields 10% No Pelican List+10% No Performance Advantage Company (PAC) 10%No Petzl 20% No PGI 5% No Pigeon Mountain Industries (PMI)10% No Plastix Plus 5% No PMI Rope 10% No Point Blank Per NASPO No Premier Emblem 5% No Propper 5% No Protective Industrial Products (PIP)10% No R&B Fabricators 10% No Radians 10% No RAE Systems 5% No Redback Boots 15% No Rescue 42 5% No Rescue Technology 5% No 819 ATTACHMENT 2B - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES RevolveAir List No Rice Hydro 10% No Ringers List No RIT Safety Solutions 10% No Rock N Rescue 10% No Royce Shields 5% No Salomon 10% No Samuel Broome 5% No San Mar 10% No Savox List No SCBAS 15% No Scott Safety- gas detection 5% No Scott Safety- SCBA and parts List No Scott Safety- thermal imager parts List No Scott Safety- thermal imagers 5% No Scotty Firefighter 15% No Seek Thermal 5% No Sensible Mounts 15% No Shelby Gloves List No Silent Partner Technologies List No Simulaids List No SM Smith 5% No Smith & Warren 10% No Snap Tite/All-American/Firequip 10% No Solomon 5% No Solutions Safety (Citrosqueeze)5% No South Park 20% No Southeastern Shirt Company 5% No Spiewak 5% No Stallion Air List No Statpacks 10% No Steck 10% No Sterling Rope 15% No Streamlight 15% No Supervac 5% No Survival Armor Per NASPO No Tactsquad 5% No Target Solutions List No Task Force Tips (TFT)5% No Task Force Tips- Blitzfire/G-Force Series List No Team Equipment List No Team Wendy List No Teledyne 5% No Telelite 5% No Tempest - VS series batteries & access. List+5%No Tempest/Leader Fans 10% No Thorogood/Weinbrenner boots 15% No TNT Tools 10% No Topps List+10% No Toxic Suppression List No True North 10% No Tru-Spec 10% No Turtle Plastics List No Tyco 10% No UltraTec Special Effects 15% No Under Armour 5% No Underwater Kinetics List No 820 ATTACHMENT 2B - PRICING SHEET 22-730 FIRE EQUIPMENT, SUPPLIES, AND SERVICES Various mfgs - compressor service parts 5%No Veridian - PPE 25% No Veridian- gloves, hoods, accessories 10% No Vetter List No VF Imagewear 5% No Vizcon List No W. Alboum Hat Company List No Warthog 5% No Waterous List No Weldon 25% No Whelen Engineering 15% No Williams Foam List No Workrite 10% No Yates 5% No Zephyr List No Ziamatic/Zico List No Custom motor trousers/breeches (MES) List No Sewing/embroidery/alterations (MES)List No 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 (877) 637-3473 Invoice Invoice #IN2053247 Date 05/15/2024 Wire/ ACH: Routing#: 121000248 Acct#: 2000030294606 Bank Name: Wells Fargo Bank, N.A. Wire/ ACH Remittance Advice: AR@MESFIRE.COM Please include Customer# and Invoice# Please call us for invoice questions: 1-877-MES-FIRE (1-877-637-3473) Remittance Slip Customer C47322 CITY OF BOYNTON BEACH (FL) Invoice #IN2053247 Amount Due $683.58 Amount Paid _____________ Make Checks Payable To MUNICIPAL EMERGENCY SERVICES, INC. PO BOX 856892 MINNEAPOLIS, MN 55485-6892 IN2053247 Page 1 of 1 Bill To CITY OF BOYNTON BEACH 2080 HIGH RIDGE ROAD BOYNTON BEACH FL 33426 United States Terms Net 30 Due Date 06/14/2024 Customer # C47322 Sales Rep DeStefano, Michael Sales Order SO1909772 Ship To C47322 CITY OF BOYNTON BEACH (FL) 2080 HIGH RIDGE ROAD BOYNTON BEACH FL 33426 United States Item Description QTY Units Back Ordered Unit Price Amount SCBA Flow Test SCBA Flow Test 1 0 $52.00 $52.00 EN91-AA ENERGIZER INDUSTRIAL ALK AA (sold by each) 6 0 $0.72 $4.32 SCBA Repair SCBA Repair 1 0 $45.00 $45.00 SCBA Repair SCBA Repair 1 0 $67.50 $67.50 SCBA Repair SCBA Repair 1 0 $45.00 $45.00 201112-13 X3,CONSOLE GAUGE,5500,1/3 1 0 $267.46 $267.46 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 200455-02 BATTERY PCB ASSY, 2007 SENSOR 1 0 $101.30 $101.30 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 FUELCHARGE- Fuel Surcharge Fuel Surcharge 1 0 $35.00 $35.00 Jason Murphy. MurphyJC@bbfl.us. (561)742-6674 Subtotal $683.58 Shipping Cost $0.00 Tax Total $0.00 Total $683.58 Amount Due $683.58 All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. All payments must be clearly marked with the Customer and Invoice numbers. Payments not marked will be applied to the oldest invoice first. PLEASE NOTE OUR REMITTANCE ADDRESS HAS CHANGED AND CHECKS WILL BE RETURNED IF NOT SENT TO THE ONE ON THE REMITTANCE SLIP. 838 (877) 637-3473 Invoice Invoice #IN2032776 Date 04/03/2024 Wire/ ACH: Routing#: 121000248 Acct#: 2000030294606 Bank Name: Wells Fargo Bank, N.A. Wire/ ACH Remittance Advice: AR@MESFIRE.COM Please include Customer# and Invoice# Please call us for invoice questions: 1-877-MES-FIRE (1-877-637-3473) Remittance Slip Customer C47322 CITY OF BOYNTON BEACH (FL) Invoice #IN2032776 Amount Due $286.00 Amount Paid _____________ Make Checks Payable To MUNICIPAL EMERGENCY SERVICES, INC. PO BOX 856892 MINNEAPOLIS, MN 55485-6892 IN2032776 Page 1 of 2 Bill To CITY OF BOYNTON BEACH 2080 HIGH RIDGE ROAD BOYNTON BEACH FL 33426 United States Terms Net 30 Due Date 05/03/2024 Customer # C47322 PO # 241016 Sales Rep DeStefano, Michael Sales Order SO1891095 Ship To C47322 CITY OF BOYNTON BEACH (FL) 2080 HIGH RIDGE ROAD BOYNTON BEACH FL 33426 United States Item Description QTY Units Back Ordered Unit Price Amount SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 SCBA Regulator Flow Test SCBA Regulator Flow Test 1 0 $22.00 $22.00 839 (877) 637-3473 Invoice Invoice #IN2032776 Date 04/03/2024 IN2032776 Page 2 of 2 Jason Murphy. MurphyJC@bbfl.us. (561)742-6329 Subtotal $286.00 Shipping Cost $0.00 Tax Total $0.00 Total $286.00 Amount Due $286.00 All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. All payments must be clearly marked with the Customer and Invoice numbers. Payments not marked will be applied to the oldest invoice first. PLEASE NOTE OUR REMITTANCE ADDRESS HAS CHANGED AND CHECKS WILL BE RETURNED IF NOT SENT TO THE ONE ON THE REMITTANCE SLIP. 840 (877) 637-3473 Invoice Invoice #IN2026840 Date 03/22/2024 Wire/ ACH: Routing#: 121000248 Acct#: 2000030294606 Bank Name: Wells Fargo Bank, N.A. Wire/ ACH Remittance Advice: AR@MESFIRE.COM Please include Customer# and Invoice# Please call us for invoice questions: 1-877-MES-FIRE (1-877-637-3473) Remittance Slip Customer C47322 CITY OF BOYNTON BEACH (FL) Invoice #IN2026840 Amount Due $6,758.61 Amount Paid _____________ Make Checks Payable To MUNICIPAL EMERGENCY SERVICES, INC. PO BOX 856892 MINNEAPOLIS, MN 55485-6892 IN2026840 Page 1 of 3 Bill To CITY OF BOYNTON BEACH 2080 HIGH RIDGE ROAD BOYNTON BEACH FL 33426 United States Terms Net 30 Due Date 04/21/2024 Customer # C47322 Sales Rep DeStefano, Michael Sales Order SO1885455 Ship To C47322 CITY OF BOYNTON BEACH (FL) 2080 HIGH RIDGE ROAD BOYNTON BEACH FL 33426 United States Item Description QTY Units Back Ordered Unit Price Amount SCBA Repair SCBA Repair 1 0 $22.50 $22.50 804427-01 WAIST BELT ASSY (MALE CONN.) 1 0 $91.72 $91.72 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 804426-01 WAIST BELT ASSY(FEMALE BUCKLE) 1 0 $97.24 $97.24 804427-01 WAIST BELT ASSY (MALE CONN.) 1 0 $91.72 $91.72 10012488 WAIST TO SHOULDER STRAP *KB* 1 0 $109.40 $109.40 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 804427-01 WAIST BELT ASSY (MALE CONN.) 1 0 $91.72 $91.72 SCBA Repair SCBA Repair 1 0 $45.00 $45.00 200455-02 BATTERY PCB ASSY, 2007 SENSOR 1 0 $98.35 $98.35 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 804426-01 WAIST BELT ASSY(FEMALE BUCKLE) 1 0 $97.24 $97.24 SCBA Repair SCBA Repair 1 0 $45.00 $45.00 201139-01 SHOULDER STRAP ASSY,X3 PARA 1 0 $876.26 $876.26 803351-01 STEM ASSEMBLY, PURGE-- 1 0 $11.55 $11.55 SCBA Repair SCBA Repair 1 0 $45.00 $45.00 201139-01 SHOULDER STRAP ASSY,X3 PARA 1 0 $876.26 $876.26 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 10012488 WAIST TO SHOULDER STRAP *KB* 1 0 $109.40 $109.40 31002677 POST,BATT.HOUSING,SENSOR MOD. 1 0 $11.94 $11.94 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 10012488 WAIST TO SHOULDER STRAP *KB* 2 0 $109.40 $218.80 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 201095-01 EBSS POUCH, AIR-PAK X3 1 0 $247.52 $247.52 804427-01 WAIST BELT ASSY (MALE CONN.) 1 0 $91.72 $91.72 SCBA Repair SCBA Repair 1 0 $45.00 $45.00 841 (877) 637-3473 Invoice Invoice #IN2026840 Date 03/22/2024 IN2026840 Page 2 of 3 Item Description QTY Units Back Ordered Unit Price Amount 804427-01 WAIST BELT ASSY (MALE CONN.) 1 0 $91.72 $91.72 804426-01 WAIST BELT ASSY(FEMALE BUCKLE) 1 0 $97.24 $97.24 201139-01 SHOULDER STRAP ASSY,X3 PARA 1 0 $876.26 $876.26 10012488 WAIST TO SHOULDER STRAP *KB* 2 0 $109.40 $218.80 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 SCBA Repair SCBA Repair 1 0 $45.00 $45.00 200455-02 BATTERY PCB ASSY, 2007 SENSOR 1 0 $98.35 $98.35 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 201125-03 LABEL, REG, CBRN 1 0 $4.31 $4.31 804427-01 WAIST BELT ASSY (MALE CONN.) 1 0 $91.72 $91.72 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 10012488 WAIST TO SHOULDER STRAP *KB* 1 0 $109.40 $109.40 201125-03 LABEL, REG, CBRN 1 0 $4.31 $4.31 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 804427-01 WAIST BELT ASSY (MALE CONN.) 1 0 $91.72 $91.72 SCBA Repair SCBA Repair 1 0 $45.00 $45.00 200455-02 BATTERY PCB ASSY, 2007 SENSOR 1 0 $98.35 $98.35 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 201125-03 LABEL, REG, CBRN 1 0 $4.31 $4.31 10005368 GASKET 1 0 $18.51 $18.51 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 201125-03 LABEL, REG, CBRN 1 0 $4.31 $4.31 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 201125-03 LABEL, REG, CBRN 1 0 $4.31 $4.31 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 201125-03 LABEL, REG, CBRN 1 0 $4.31 $4.31 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 201125-03 LABEL, REG, CBRN 1 0 $4.31 $4.31 10012602 VISOR, DISPLAY 1 0 $10.56 $10.56 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 804427-01 WAIST BELT ASSY (MALE CONN.) 1 0 $91.72 $91.72 804426-01 WAIST BELT ASSY(FEMALE BUCKLE) 1 0 $97.24 $97.24 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 10012488 WAIST TO SHOULDER STRAP *KB* 1 0 $109.40 $109.40 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 10012488 WAIST TO SHOULDER STRAP *KB* 1 0 $109.40 $109.40 804427-01 WAIST BELT ASSY (MALE CONN.) 1 0 $91.72 $91.72 10012488 WAIST TO SHOULDER STRAP *KB* 1 0 $109.40 $109.40 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 10012488 WAIST TO SHOULDER STRAP *KB* 1 0 $109.40 $109.40 804427-01 WAIST BELT ASSY (MALE CONN.) 1 0 $91.72 $91.72 804426-01 WAIST BELT ASSY(FEMALE BUCKLE) 1 0 $97.24 $97.24 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 842 (877) 637-3473 Invoice Invoice #IN2026840 Date 03/22/2024 IN2026840 Page 3 of 3 Item Description QTY Units Back Ordered Unit Price Amount SCBA Repair SCBA Repair 1 0 $22.50 $22.50 804427-01 WAIST BELT ASSY (MALE CONN.) 1 0 $91.72 $91.72 SCBA Repair SCBA Repair 1 0 $22.50 $22.50 10005368 GASKET 1 0 $18.51 $18.51 Jason Murphy. MurphyJC@bbfl.us. (561)742-6329 Subtotal $6,758.61 Shipping Cost $0.00 Tax Total $0.00 Total $6,758.61 Amount Due $6,758.61 All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. All payments must be clearly marked with the Customer and Invoice numbers. Payments not marked will be applied to the oldest invoice first. PLEASE NOTE OUR REMITTANCE ADDRESS HAS CHANGED AND CHECKS WILL BE RETURNED IF NOT SENT TO THE ONE ON THE REMITTANCE SLIP. 843 City of Boynton Beach Agenda Item Request Form 8.A Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-221- Adopt the Final millage rate for the General Fund for Fiscal Year 2024-2025. Proposed Resolution No. R24-222- Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2024-2025. Requested Action: Staff recommends approval of Resolution No. R24-221 and Resolution No. R24-222. Explanation of Request: This is the second and final Budget Public Hearing for final adoption of the millage rate and operating budget for FY 2024-2025. Staff will provide a budget overview presentation. On September 3rd, 2024, at the first public budget hearing the City Commission approved a tentative millage rate of 7.8000 mills and a tentative gross budget of $327,804,850 (including a General Fund budget of $130,318,620). The FY 24/25 tentative 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. The General Fund Fire Assessment fee was increased from $120 to $145. The General Fund budget is balanced with no appropriation from Fund Balance. No changes were made to any other funds the following the 1st Public Budget hearing on September 3, 2024. 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: R24-221_Final_Millage_Resolution_-_Sept_12_2024 (2).docx R24-222_Final__Budget_Resolution_-_Sept_12_2024 (1).docx Commission Presentation New Template_FY 2024-25 2nd Public Hearing (Sept. 23, 2024).pdf 844 845 RESOLUTION R24-2211 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 3 ADOPTING A FINAL MILLAGE RATE FOR THE CITY'S GENERAL 4 OPERATING FUND FOR THE FISCAL YEAR BEGINNING 5 OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025,6 PROVIDING THAT FINAL MILLAGE RATE OF 7.800 MILLS IS 7 5.08% ABOVE THE ROLLED-BACK RATE OF 7.4229 MILLS;8 PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING 9 AN EFFECTIVE DATE.10 11 WHEREAS,a final budget has been prepared estimating expenditures and revenues 12 of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, 13 including revenues to be derived from sources other than ad valorem levy, and the 14 administrative staff of the City has made recommendations as to the amount necessary to 15 be appropriated for the ensuing year; and16 WHEREAS,the City Commission has given notice of and conducted the public 17 hearings required by law and has considered the recommendations of staff and the 18 comments of the public, the suggested budget, and the proposed millage necessary to be 19 levied to carry on the government of the City for the ensuing year;20 WHEREAS,the City of Boynton Beach, Florida, has followed the procedures as 21 outlined in Section 200.065, Florida Statutes.22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA THAT:24 Section 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2.The City Commission of the City of Boynton Beach, Florida, hereby 28 adopts the final millage rate of 7.800 for the General Fund for the fiscal year beginning October 29 1, 2024, and ending September 30, 2025. The final millage rate is 5.08% above the computed 30 846 rolled-back rate of 7.4229. Such millage shall be levied upon the dollar amount of the assessed 31 valuation of all non-exempt taxable property in the City of Boynton Beach, Florida, as returned 32 by the Palm Beach County Property Appraiser as shown on the assessment roll for the City, 33 allowing homestead and other lawful exemptions. All such taxes so specified and levied are 34 ordered extended upon the assessment roll to show the tax attributable to all taxable property, 35 and shall be collected by the Palm Beach County Tax Collector as provided by law.36 Section 3.Pursuant to Section 200.065 (5), Florida Statutes, the City Manager, or 37 in his absence, the Finance Director, is hereby authorized, but not required, to adjust the 38 adopted millage rates set forth herein if the taxable value within the jurisdiction of the City of 39 Boynton Beach, as certified by the Property Appraiser, is at variance by more than one percent 40 from the taxable value shown on the assessment roll to be extended, such that the taxes 41 computed by applying the adopted rate against the certified taxable value are equal to the 42 taxes computed by applying the adjusted adopted rate to the taxable value on the roll to be 43 extended, except that no adjustment shall be made to levies required by law to be a specific 44 millage amount. The City Manager or Finance Director shall certify to the property appraiser 45 the adjusted adopted rate not later than three days after receipt of notification from the 46 Property Appraiser of the aggregate change in the assessment roll and taxable value, if any, 47 from that certified.48 Section 4.The required Florida Department of Revenue (DOR) forms may be 49 signed by the City Manager or Finance Director, either in paper form and/or electronically 50 utilizing the DOR eTRIM system. 51 Section 5.The Finance Director shall provide a certified copy of this Resolution 52 to the Property Appraiser and Tax Collector within three (3) days after the adoption of this 53 Resolution.54 847 Section 6. If any clause, section, or other part of this Resolution shall be held by any 55 Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 56 invalid part shall be considered as eliminated and shall in no way affect the validity of the 57 other provisions of this Resolution.58 Section 7.All resolutions or parts of resolutions in conflict herewith are hereby59 repealed to the extent of such conflict.60 Section 8.This Resolution shall become effective immediately upon passage.61 PASSED AND ADOPTED this _____ day of _______________________ 2024.62 CITY OF BOYNTON BEACH, FLORIDA63 64 YES NO65 66 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 78 ATTEST:79 80 ___________________________________________________________81 Maylee De Jesús, MPA, MMC Ty Penserga82 City Clerk Mayor83 84 APPROVED AS TO FORM:85 (Corporate Seal)86 _______________________________87 Shawna Lamb88 City Attorney89 90 848 1 RESOLUTION R24-2221 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 ADOPTING A FINAL 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,in accordance with Florida Statutes, a final budget has been prepared by 9 the City Manager estimating expenditures, transfers, and revenues of the City of Boynton 10 Beach for the ensuing year, with detailed information, including revenues to be derived from 11 sources other than the ad valorem tax levy, and he has made recommendations as to the 12 amount necessary to be appropriated for the ensuing year; and13 WHEREAS, in accordance with section 200.065, Florida Statutes, the City Commission 14 of the City of Boynton Beach has conducted a public hearing on the City’s final budget and 15 the millage rate for the 2024-2025 fiscal year. 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.The final budget of the City of Boynton Beach, Florida, for the fiscal 22 year beginning October 1, 2024, and ending September 30, 2025, a copy of which is attached 23 hereto as Exhibit A, is hereby adopted, and the appropriations set out therein are hereby 24 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 Section 5.That there is hereby appropriated the sum of $1,150,646 to the Local 32 Option Gas Tax Special Revenue Fund for the payment of operating expenditures, transfers 33 849 2 to other funds, and necessary capital outlays.34 Section 6.That there is hereby appropriated the sum of $270,361 to the 35 Community Improvements Special Revenue Fund for the payment of operating 36 expenditures, transfers to other funds, and necessary capital outlays.37 Section 7.That there is hereby appropriated the sum of $100,035 to the Green 38 Building Fund for the payment of operating expenditures, transfers to other funds, and 39 necessary capital outlays40 Section 8.That there is hereby appropriated the sum of $4,668,328 to the 41 Building Special Revenue Fund for the payment of operating expenditures, transfers to 42 other funds, and necessary capital outlays.43 Section 9.That there is hereby appropriated the sum of $472,529 to the Public 44 Arts Special Revenue Fund for the payment of operating expenditures, transfers to other 45 funds, and necessary capital outlays.46 Section 10.That there is hereby appropriated the sum of $411,377 to the 47 Recreation Program Special Revenue Fund for the payment of operating expenditures, 48 transfers to other funds, and necessary capital outlays.49 Section 11.That there is hereby appropriated the sum of $12,036,834 to the Public 50 Service Tax Debt Service Fund for the purpose of payment of operating expenditures, 51 transfers to other funds, and the principal and interest due on the public service tax bonds 52 of the City not subject to statutory exemptions and for redeeming such bonds as they mature.53 Section 12.That there is hereby appropriated the sum of $17,730,630 to the 54 General Capital Improvement Capital Projects Fund for the payment of transfers to other 55 funds and capital outlays pursuant to the terms of the above budget.56 Section 13.That there is hereby appropriated the sum of $3,711,343 to the Local 57 Government Surtax Capital Projects Fund for the payment of transfers to other funds and 58 capital outlays pursuant to the terms of the above budget.59 Section 14.That there is hereby appropriated the sum of $1,280,087 to the Parks 60 & Recreation Facilities Trust Fund for the payment of transfers to other funds and capital 61 outlays pursuant to the terms of the above budget.62 Section 15.That there is hereby appropriated the sum of $62,701,624 to the Water 63 850 3 and Sewer Utility Enterprise Fund for operating expenditures, debt service, transfers to 64 other funds, and necessary capital outlay. 65 Section 16.That there is hereby appropriated the sum of $39,921,500 to the Water 66 and Sewer Utility Capital Improvement Enterprise Fund for the payment of capital outlays 67 pursuant to the terms of the above budget.68 Section 17.That there is hereby appropriated the sum of $3,813,150 to the Golf 69 Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary 70 capital outlays.71 Section 18.That there is hereby appropriated the sum of $200,186 to the Golf 72 Course CIP Fund for the payment of capital outlays pursuant to the terms of the above 73 budget.74 Section 19.That there is hereby appropriated the sum of $15,863,206 to the Solid 75 Waste Enterprise Fund for the payment of operating expenditures, transfers to other funds,76 and necessary capital outlays.77 Section 20.That there is hereby appropriated the sum of $13,504,684 to the Fleet 78 Maintenance Internal Service Fund for the payment of operating expenditures, transfers to 79 other funds, and necessary capital outlays.80 Section 21.That there is hereby appropriated the sum of $572,062 to the 81 Materials & Distribution Internal Service Fund for the payment of operating expenditures, 82 transfers to other funds and necessary capital outlays.83 Section 22.That there is hereby appropriated the sum of $6,679,599 to the Self-84 Insurance Internal Service Fund for the payment of operating expenditures, transfers to 85 other funds, and necessary capital outlays.86 Section 23.That there is hereby appropriated the sum of $1,969,003 to the 87 Benefits Fund for the payment of operating expenditures, transfers to other funds, and 88 necessary capital outlays.89 Section 24.That there is hereby appropriated the sum of $517,644 the Cemetery 90 Special Revenue Fund for the payment of operating expenditures, transfers to other funds, 91 and necessary capital outlays. 92 Section 25.That there is hereby appropriated the sum of $200,000 the Police 93 851 4 Impact Trust Fund for the payment of operating expenditures, transfers to other funds, and 94 necessary capital outlays. 95 Section 26.All delinquent taxes collected during the ensuing fiscal year as 96 proceeds from levies of operation millage of prior years are hereby specifically appropriated 97 for the use of the General Fund.98 Section 27.For all funds, appropriations for the 2023-2024 fiscal year, which are 99 encumbered but unexpended as of the last day of the fiscal year, shall be re-appropriated for 100 the same purpose for the 2024-2025 fiscal year.101 Section 28.If any clause, section, or other part of this Resolution shall be held by 102 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 103 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 104 remaining portions of this Resolution.105 Section 29.All Resolutions or parts of Resolutions in conflict herewith are hereby 106 repealed to the extent of such conflict.107 Section 30.This Resolution shall become effective immediately upon passage, but 108 the budget adopted hereby shall take effect as of October 1, 2024.109 110 852 5 PASSED AND ADOPTED this ______ day of _________________________ 2024.111 CITY OF BOYNTON BEACH, FLORIDA112 YES NO113 114 Mayor – Ty Penserga __________115 116 Vice Mayor – Aimee Kelley __________117 118 Commissioner – Angela Cruz __________119 120 Commissioner – Woodrow L. Hay __________121 122 Commissioner – Thomas Turkin __________123 124 VOTE ______125 ATTEST:126 127 128 ___________________________________________________________129 Maylee De Jesús, MPA, MMC Ty Penserga130 City Clerk Mayor131 132 APPROVED AS TO FORM:133 (Corporate Seal)134 135 _______________________________136 Shawna Lamb137 City Attorney138 853 Fiscal Year 24/252ndPublic Millage & Budget Hearing, September 23, 2024 Dan Dugger Andrew Mack City Manager Deputy City Manager Peter Kajokas Finance Director Anthony Davidson Deputy Finance/Budget Director 854 Purpose of Millage & Budget Hearing •Final review and discussion for adoption of the final Millage Rate •Tentative FY24/25 Millage of 7.8000 •The proposed tax increase = 5.08% per State TRIM calculations over the Rolled-back Rate, 7.4229 due to the City’s operational cost. •Final review and discussion for adoption of the final Budget •General Fund FY24/25 budget is $130.3M, 39.8% of all funds •All funds total $327.8M•No adjustments made since September 3rd –1st Public Budget Hearing 855 Proposed Tax Levy vs Rollback Rate Proposed Roll Back Tax Rate @ 7/11 Tax Rate @ 6/28 7.8000 7.4229 Tax Rate Increase (over Rollback Rate)0.377 Current Year Gross Assessed Value per PA 9,872,381,290$ 9,872,381,290$ Gross Taxes Increase (over Rollback Rate)5.08% Variance Taxes 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)$ 856 All Funds -Funding Sources = $327.8M Water & Sewer Utility Fees - $62.7M, (19.1%) Property Taxes (Net) - $59.1M, (18%) Capital Sources (Reserves, Bond, … Internal Services -$22.6M, (6.9%) GF Fund Transfers -$18.7M, (5.7%) Solid Waste Fees -$15.8M, (4.8%) Public Service Taxes -$12.0M, (3.7%) GF Intergovernmental -$13.1M, (4.0%) GF Charges for Services -$15.8M, (4.8%) GF Special Assessment (Fire) -$8.5M, (2.6%) GF Licenses & Permits -$2.0M, (0.6%) GF Franchise Taxes -$5.8M, (1.8%) All Other -$29.2M, (8.9%)Water & Sewer Utility Fees - $62.7M, (19.1%) Property Taxes (Net) - $59.1M, (18%) Capital Sources (Reserves, Bond, etc.) - $62.5M, (19.1%) Internal Services - $22.6M, (6.9%) GF Fund Transfers - $18.7M, (5.7%) Solid Waste Fees - $15.8M, (4.8%) Public Service Taxes - $12.0M, (3.7%) GF Intergovernmental - $13.1M, (4.0%) GF Charges for Services - $15.8M, (4.8%) GF Special Assessment (Fire) - $8.5M, (2.6%) GF Licenses & Permits - $2.0M, (0.6%) GF Franchise Taxes - $5.8M, (1.8%) All Other - $29.2M, (8.9%) 857 All Funds –Expenditures = $327.8M General-$130.3M, (39.7%) Utility-$62.7M, (19.1%) Capital (General & Utility)- $62.8M , (19.2%) Solid Waste-$15.8M , (4.8%) Debt Service-$12.0M, (3.7%) Fleet-$13.5M, (4.1%) Self Insurance-$8.6M, (2.6%) Golf Course-$3.8M, (1.2%) All Other-$18.3M, (5.6%) General-$130.3M, (39.7%) Utility-$62.7M, (19.1%) Capital (General & Utility)-$62.8M , (19.2%) Solid Waste-$15.8M , (4.8%) Debt Service-$12.0M, (3.7%) Fleet-$13.5M, (4.1%) Self Insurance-$8.6M, (2.6%) Golf Course-$3.8M, (1.2%) All Other-$18.3M, (5.6%) 858 ALL FUNDS APPROPRIATION SUMMARY 2023-24 2024-25 FY24-25 Proposed Variance AMENDED TENTATIVE % of vs FY23-24 Amd of Inc. (Dec.) BUDGET BUDGET All Funds $$$as a % GENERAL FUND TOTAL GENERAL FUND $118,976,402 $130,318,620 39.8%$11,342,218 9.5% ENTERPRISE FUNDS WATER & SEWER FUND 60,380,704 62,701,624 19.1%2,320,920 3.8% SOLID WASTE 15,286,355 15,863,206 4.8%576,851 3.8% GOLF COURSE 2,822,343 3,813,150 1.2%990,807 35.1% TOTAL ENTERPRISE FUNDS 78,489,402 82,377,980 INTERNAL SERVICE FUNDS FLEET MAINTENANCE 18,844,975 13,504,684 4.1%(5,340,291) -28.3% MATERIALS & DISTRIBUTION (Warehouse)565,273 572,062 0.2%6,789 1.2% SELF INSURANCE 8,140,237 6,679,599 2.0%(1,460,638) -17.9% BENEFITS FUND - 1,969,003 0.6%1,969,003 0.0% TOTAL INTERNAL SERVICE FUNDS 27,550,485 22,725,348 SPECIAL REVENUE FUNDS TRAFFIC SAFETY 3,333,092 9,711,402 3.0%6,378,310 191.4% LOCAL OPTION GAS TAX 1,300,965 1,150,646 0.4%(150,319) -11.6% BUILDING FUND 3,997,912 4,668,328 1.4%670,416 16.8% GREEN BUILDING FUND 102,000 100,035 0.0%(1,965) -1.9% POLICE IMPACT TRUST FUND - 200,000 0.1%200,000 0.0% PUBLIC ARTS 589,478 472,529 0.1%(116,949) -19.8% COMMUNITY IMPROVEMENTS 259,978 270,361 0.1%10,383 4.0% RECREATION PROGRAM REVENUE 600,264 411,377 0.1%(188,887) -31.5% CEMETERY 579,895 517,644 0.2%(62,251) -10.7% TOTAL SPECIAL REVENUE FUNDS 10,763,584 17,502,322 CAPITAL IMPROVEMENT PROJECTS PARKS & RECREATION TRUST 175,260 1,280,087 0.4%1,104,827 630.4% GOLF FUND CIP 387,868 200,186 0.1%(187,682) 0.0% GENERAL GOVERNMENT CIP 9,565,065 17,730,630 5.4%8,165,565 85.4% GENERAL GOVERNMENT - SURTAX 9,917,157 3,711,343 1.1%(6,205,814) -62.6% UTILITY 56,945,528 39,921,500 12.2%(17,024,028) -29.9% TOTAL CAPITAL IMPROVEMENT PROJECTS 76,990,878 62,843,746 DEBT SERVICE FUNDS TOTAL DEBT SERVICE FUNDS 12,042,390 12,036,834 3.7%(5,556) 0.0% TOTAL PROPOSED FOR ALL FUNDS 324,813,141$ 327,804,850$ 100.0%$2,991,709 0.9% 859 Questions 860 City of Boynton Beach Agenda Item Request Form 8.B Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-224- Ratifying Resolution No. R24-192 adopted on September 3rd, 2024 for the Fire Assessment Fee of $145 for fiscal year 2024-2025. Requested Action: Staff recommends the approval of Proposed Resolution No. R24-224. 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 September 3, 2024, the City Commission adopted Resolution No. R24-192 to set the Fire Assessment rate at $145 (annually per dwelling unit) for residential property owners. 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. All property owners in the City received actual mailed notice of the proposed Assessment and the September 3rd public hearing; however, notice of the hearing was published late. To ensure that all members of the public receive adequate notice and an opportunity to be heard, the City is conducting an additional public hearing related to the adoption of the Assessment. This resolution ratifies the FY 24-25 Fire Assessment, Resolution 24-192, adopted at the September 3, 2024, City Commission meeting. 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 reduced to a net realized assessment of $8,840,118 after excluding tax exempt properties. 861 Attachments: R24-224 Agenda_Item_2118-2023_Fire_Assessment_Resolution_Ratification.docx R24-192.pdf Fire Assessment Hardship Application 2024-2025.doc Proof of Publication.pdf Affidavit of Mailing.pdf 2024 DR408 Certificate for Non-Ad Valorem Assessment Roll.pdf 862 RESOLUTION NO. R24-2241 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, RATIFYING AND CONFIRMING RESOLUTION NO. R24-192 RELATING TO 4 THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY 5 OF BOYNTON BEACH, FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST 6 ASSESSED PROPERTY LOCATED WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING 7 OCTOBER 1, 2024; APPROVING THE RATE OF ASSESSMENT; APPROVING THE 8 ASSESSMENT ROLL; CONFIRMING AND CONTINUING A PROCEDURE FOR HARDSHIP 9 WAIVERS OR DEFERRALS OF ALL OR PART OF THE CITY’S FIRE RESCUE SPECIAL 10 ASSESSMENT INCLUDING APPLICATION AND REVIEW BY THE CITY’S FINANCE 11 DIRECTOR OR DESIGNEE, AND ELIGIBILITY CRITERIA FOR SUCH WAIVERS; 12 PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN 13 EFFECTIVE DATE.14 15 WHEREAS, the City of Boynton Beach (“City”) adopted Resolution No. R24-192 (“the16 Annual Rate Resolution”) after notice and a public hearing on September 3, 2024, setting the rates 17 of an imposing Fire Services Assessments against certain parcels of real property within the City; 18 and 19 WHEREAS, the parcels of real property to be affected by the Annual Rate Resolution 20 received notice by mail but did not receive notice by publication; and 21 WHEREAS, the City posted the notice by publication and directed an additional public 22 hearing be held to ratify the Annual Rate Resolution; and23 WHEREAS, the City Commission, upon staff recommendation, has deemed it in the best 24 interests of the city's citizens and residents to ratify Resolution No. R24-192, the Annual Rate 25 Resolution. 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, hereby ratifies 32 Resolution No. R24-192, the Annual Rate Resolution, as attached as “Exhibit A.“33 SECTION 3.This Resolution shall take effect in accordance with law.34 [signatures on the following page]35 863 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 864 1 RESOLUTION NO. R24-192 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, 4 FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON BEACH, 5 FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST 6 ASSESSED PROPERTY LOCATED WITHIN THE CITY FOR THE 7 FISCAL YEAR BEGINNING OCTOBER 1,2024; APPROVING THE RATE 8 OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; 9 CONFIRMING AND CONTINUING A PROCEDURE FOR HARDSHIP 10 WAIVERS OR DEFERRALS OF ALL OR PART OF THE CITY'S FIRE 11 RESCUE SPECIAL ASSESSMENT INCLUDING APPLICATION AND 12 REVIEW BY THE CITY'S FINANCE DIRECTOR OR DESIGNEE, AND 13 ELIGIBILITY CRITERIA FOR SUCH WAIVERS; PROVIDING FOR 14 CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN 15 EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of Boynton Beach, Florida (the "City Commission"), 18 has enacted Ordinance No. 08-017 (the "Ordinance"), which authorizes the imposition of Fire 19 Rescue Assessments each Fiscal Year for the fire rescue services, facilities, and programs against 20 Assessed Property located within the City; and 21 WHEREAS,the imposition of a Fire Rescue Assessment for fire rescue services,facilities, 22 and programs each fiscal year is an equitable and efficient method of allocating and apportioning 23 the Fire Rescue Assessed Cost among parcels of Assessed Property; and 24 WHEREAS,the City Commission desires to continue a Fire Rescue Assessment program 25 and impose a Fire Rescue Assessment in the City using the procedures provided by the Ordinance, 26 including the tax bill collection method, for the Fiscal Year beginning on October 1, 2024; and 27 WHEREAS,the City Commission,on July 1,2008,adopted Resolution No. R08-067(the 28 "Initial Assessment Resolution"); and 29 WHEREAS, the City Commission adopted Resolution No. R24-149 (the "Preliminary 30 Assessment Resolution") on July 11, 2024, which set forth the preliminary assessment rates for 31 Fiscal Year 2024-25, and which contains and references a brief and general description of the fire 1 865 32 rescue services, facilities, and programs to be provided to Assessed Property;describes the method 33 of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment for fire 34 rescue services, facilities, and programs against Assessed Property; confirmed the rates of 35 assessment; and directs the updating and preparation of the Assessment Roll and provision of the 36 notice required by the Ordinance; and 37 WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year beginning 38 October 1,2024,the Ordinance requires the City Commission to adopt an Annual Rate Assessment 39 Resolution, which confirms and establishes the rates of assessment and approves the Assessment 40 Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems 41 appropriate, after hearing comments and objections of all interested parties; and 42 WHEREAS, the Assessment Roll has heretofore been made available for inspection by 43 the public, as required by the Ordinance; and 44 WHEREAS,notice of a public hearing has been published and mailed, as required by the 45 terms of the Ordinance. An Affidavit of Mailing is attached hereto as Appendix A and the Proof of 46 Publication is attached hereto as Appendix B; and 47 WHEREAS, the City Commission recognizes that the special assessment may work a 48 hardship on certain residential property owners in the City and desires to continue to provide a 49 means whereby affected property owners may request a total or partial waiver of the special 50 assessment for hardship; and 51 WHEREAS, a public hearing was held on September 3, 2024, and comments and 52 objections of all interested persons have been heard and considered as required by the terms of the 53 Ordinance. 54 2 866 55 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 56 CITY OF BOYNTON BEACH, FLORIDA THAT: 57 58 SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No. 08- 59 017; Resolution No. R08-076; Resolution No. R24-149; Article VIII, Section 2, Florida 60 Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of 61 law. 62 SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes 63 the Annual Rate Resolution as defined in the Ordinance. All capitalized words and terms not 64 otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment 65 Resolution, and the Preliminary Assessment Resolution. 66 SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS. 67 A) The parcels of Assessed Property described in the Assessment Roll,which is hereby 68 approved, are hereby found to be specially benefited by the provision of the fire rescue services, 69 facilities, and programs described or referenced in the Preliminary Assessment Resolution in the 70 amount of the Fire Rescue Assessment set forth in the Assessment Roll,a copy of which was present 71 or available for inspection at the above referenced public hearing and is incorporated herein by 72 reference. It is hereby ascertained, determined, and declared that each parcel of Assessed Property 73 within the City will be specially benefited by the City's provision of fire rescue services, facilities, 74 and programs in an amount not less than the Fire Rescue Assessment for such parcel, computed in 75 the manner set forth in the Preliminary Assessment Resolution. Adoption of this Annual Rate 76 Resolution constitutes a legislative determination that all parcels assessed derive a special benefit 77 in a manner consistent with the legislative declarations,determinations, and findings as set forth in 78 the Ordinance, the Preliminary Assessment Resolution, and this Annual Rate Resolution from the 79 fire rescue services, facilities, or programs to be provided and a legislative determination that the 3 867 80 Fire Rescue Assessments are fairly and reasonably apportioned among the properties that receive 81 the special benefit as set forth in the Preliminary Assessment Resolution. 82 B) The method for computing Fire Rescue Assessments described and referenced in 83 the Preliminary Assessment Resolution is hereby approved. The Parcel Apportionment 84 methodology described in Appendix F of the Preliminary Assessment Resolution and adopted in 85 Section 7 of the Preliminary Assessment Resolution is hereby approved. 86 C) For the Fiscal Year beginning October 1, 2024, the estimated net Fire Rescue 87 Assessed Cost to be assessed is $10,162,248.00. The Fire Rescue Assessments to be assessed and 88 apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel 89 Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year 90 commencing October 1, 2024, are hereby confirmed and established as follows: 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 92 D) The above rates of assessment are hereby approved. Fire Rescue Assessments for 93 fire rescue services, facilities, and programs in the amounts set forth in the Assessment Roll, as 94 herein approved, are hereby levied and imposed on all parcels of Assessed Property described in 95 such Assessment Roll for the Fiscal Year beginning October 1, 2024. 96 E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment shall 97 be imposed upon a parcel of Government Property, except as provided in the Preliminary 98 Assessment Resolution, or upon Institutional Use buildings on a parcel of Institutional Property 99 whose building use is wholly exempt from taxation under Florida law. 4 868 100 F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any 101 reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized 102 by the City Commission shall be supplemented by any legally available funds, or combination of 103 such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue 104 Assessments. 105 G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments 106 are also levied and imposed against all property for which a Building Permit is issued after adoption 107 of this Annual Rate Resolution based upon the rates of assessment approved herein. 108 H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so 109 assessed equal in rank and dignity with the liens of all state,county,district,or municipal taxes and 110 other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior 111 in dignity to all other liens, titles, and claims until paid. 112 I) The Assessment Roll, as herein approved, shall be delivered to the Tax Collector 113 for collection using the tax bill collection method in the manner prescribed by the Ordinance. The 114 Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non- 115 Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C. 116 J) No Emergency Medical Services shall be funded from the Fire Rescue Assessment 117 revenues. 118 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT 119 RESOLUTION. The Preliminary Assessment Resolution, as may be amended herein, is hereby 120 confirmed. 121 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this 122 Annual Rate Resolution shall be the final adjudication of the issues presented (including, hut not 5 869 123 limited to,the determination of special benefit and fair apportionment to the Assessed Property,the 124 method of apportionment and assessment,the rate of assessment,the Assessment Roll and the levy 125 and lien of the Fire Rescue Assessments) unless proper steps shall be initiated in a court of 126 competent jurisdiction to secure relief within 20 days from the date of this Annual Rate Resolution. 127 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS. 128 A) The City Commission of the City of Boynton Beach, Florida, hereby continues its 129 program for qualified individuals who need financial assistance to pay all or part of the Fire Rescue 130 Assessment levied on their property or who seek deferral of payment of all or part of the Fire Rescue 131 Assessment on their property. 132 B) The City's program for financial assistance shall be commonly referred to as 133 H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance are 134 available based upon need: 135 1.Relief from all payments of an annual Fire Rescue Assessment. 136 2.Relief from a portion of payments of an annual Fire Rescue Assessment. 137 138 3.Deferral of payments of an annual Fire Rescue Assessment. 139 4.Deferral of a portion of payments of an annual Fire Rescue Assessment. 140 141 C) The following individuals are eligible for financial assistance. 142 1.Residential Property Owners who meet 2024 HHS Poverty Guidelines. 143 144 2. Residential property owners that are exempt from ad valorem taxation 145 pursuant to the following Florida Statutes are eligible to apply for a 146 Hardship Waiver or Deferral: 147 148 a.Section 196.081, Florida Statutes (totally disabled veterans and 149 surviving spouses of veterans); 150 151 b.Section 196.081, Florida Statutes (surviving spouses of first 152 responders who died in the line of duty); 6 870 153 c.Section 196.091, Florida Statutes (disabled veterans confined to 154 wheelchairs); 155 156 d.Section 196.101, Florida Statutes(totally and permanently disabled 157 persons); 158 159 e.Section 196.102, Florida Statutes(totally and permanently disabled 160 first responders). 161 162 3.Residential Property Owners that qualify for the additional homestead 163 exemption for persons 65 and over authorized pursuant to Section 196.075, 164 Florida Statutes are also eligible to apply for the Hardship Waiver. 165 166 4.Residential Property Owners that are qualified under the Florida Homestead 167 Property Tax Deferral Act, Section 197.242, et al., Florida Statutes. 168 169 D) Eligible Residential Property Owners may submit an application for a Hardship 170 Waiver or Deferral on a form prepared by the City with the Finance Department. The Application 171 shall include the following: 172 1. Documentation demonstrating eligibility for the Hardship Waiver or 173 Deferral through one of the criteria from exemptions listed in Section C 174 above; 175 176 2.A copy of the Tax Bill for the subject property; 177 3.Description of the facts and circumstances of the hardship. 178 E) The City's Finance Department must receive all Applications for the Hardship 179 Waiver or Deferral on or before October 16, 2024. 180 F) Once received, all applications shall be reviewed by the City's Finance Director or 181 his or her designee ("Reviewing Official"). The Reviewing Official shall review the facts and 182 circumstances to determine whether a hardship exists to warrant a partial or total waiver of the 183 special assessment levied upon the applicant's real property or a deferral of payment of such. The 184 decision of the Reviewing Official is final. 7 871 185 G) The Reviewing Official shall render a written decision and provide such to the 186 applicant. 187 H) If a partial or total waiver or deferral is granted by the Reviewing Official, the 188 Finance Director shall ensure appropriate documentation is provided to the Tax Collector as to the 189 revised amount of the assessment as to the applicant. 190 I) An applicant may apply for a Hardship Waiver as to one property only. 191 J) An applicant must apply for the Hardship Waiver on an annual basis. 192 K) A deferral may be granted for no longer than the end of the then-current fiscal year. 193 L) When financial assistance is granted pursuant to the H.E.L.P.program,any shortfall 194 in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment 195 of the Fire Rescue Assessments authorized by this Section shall be supplemented by any legally 196 available funds,or combination of such funds,and shall not be paid for by proceeds or funds derived 197 from the Fire Rescue Assessments. 198 SECTION 7. MOBILE HOME VACANCY ADJUSTMENT.As authorized in Section 199 5(L) of the Preliminary Rate Resolution, there shall be a Mobile Home Vacancy Adjustment 200 procedure for Mobile Home and Recreational Vehicle Park Property, using the procedures 201 established in Resolution RI 1-089. Any shortfall in the expected Fire Rescue Assessment proceeds 202 due to any adjustment for vacancy shall be supplemented by any legally available funds and shall 203 not be paid for by proceeds or funds derived from Fire Rescue Assessments. Failure of the Owner 204 to timely provide the information to the City will result in no Vacancy Adjustment for the special 205 assessment. 206 SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict herewith 207 are hereby repealed to the extent of such conflict. 8 872 208 SECTION 9. SEVERABILITY. If any clause, section, other part or application of this 209 resolution is held by any Court of competent jurisdiction to be unconstitutional or invalid, in part 210 or application, it shall not affect the validity of the remaining portions or applications of this 211 Resolution. 212 SECTION 10.EFFECTIVE DATE.This Resolution shall become effective immediately 213 upon its passage and adoption. 214 PASSED AND ADOPTED this 3rd day of September,2024. 215 216 CITY OF BOYNTON BEACH, FLORIDA 217 YES NO 218 219 Mayor—Ty Penserga 220 221 Vice-Mayor—Aimee Kelley 222 223 Commissioner—Angela Cruz 224 225 Commissioner—Woodrow L. Hay 226 227 Commissioner—Thomas Turkin 228 229 VOTE 8-P- 230 A " .T: 231 232 MO 233 May1e; . esus, P , MMC Ty ' - fAtA) 234 City C Mayor 235 236 0VNTO,,`"‘A' 'ROVED AS TO FORM: 237 (Corporate ROVEDcoRpoRg1, Atakora m.6 239 p:Shawna G. Lamb, City Attorney 1920 / 1 FLc t- 9 873 APPENDIX A AFFIDAVIT OF MAILING 10 874 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Anthony Davidson and Sandi Neubarth, who, after being duly sworn, depose and say: 1. Anthony Davidson, Interim Finance Director for the City of Boynton Beach, Florida ("City"), pursuant to the authority and direction received from the City Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with Sections 2.03, 2.04, and 2.05 of Ordinance No. 08-071, the Fire Rescue Assessment Ordinance (the Assessment Ordinance") in conformance with the Preliminary Rate Resolution adopted by the City Commission on July 11, 2024 (the "Preliminary Rate Resolution") . 2. In accordance with the Assessment Ordinance and Chapter 92-264, Laws of Florida, as amended by Chapter 2003-348, Laws of Florida (collectively, the "Special Act"), Mr. Davidson timely provided all necessary information for notification of the Fire Rescue Assessment to the Property Appraiser of Palm Beach County to be included as part of the notice of proposed property taxes under section 200.069, Florida Statutes, the truth-in-millage notification. The information provided to the Property Appraiser to be included on the truth-in-millage notification included the following: the Fire Rescue Assessment rate expressed in dollars and cents per billing unit, the associated Fire Rescue Assessment amount, and the purpose of the Fire Rescue Assessment. 3. Because the assessment was being levied against newly affected property owners for the first time for Fiscal Year 2024-25, additional notice by first class mail to the Owner of each newly affected parcel of Assessed Property was also required by the Assessment Ordinance and the Special Act. 875 4. Sandi Neubarth is the Director for Anser Advisory Consulting LLC, formerly known as Government Services Group, Inc. ("Anser"). Anser has caused the additional mailed notices required by Section 2.05 of the Assessment Ordinance to be prepared in conformance with the Preliminary Rate Resolution. An exemplary form of such notice is attached hereto. Anser has caused such individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the City expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. 5. On or before August 13, 2024, Anser caused the mailing of the above- referenced notices in accordance with Sections 2.05 of the Assessment Ordinance and the Preliminary Rate Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Palm Beach County Property Appraiser for the purpose of the collection of ad valorem taxes. FURTHER AFFIANTS SAYETH NOT. 1.\\-\/\-\ Anthony Davids n, affiant 876 414.04/P/14.441444 Sandi Neubarth, affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Affidavit of Mailing was sworn to and subscribed before me, by means of physical presence or online notarization, this 30" day of Oaujva-1- , 2024 by Anthony Davidson, Interim Finance Director, City of Boynton Beach, Florida. SHe isDersonally known to me or has produced as identification and did take an oath. Rismerlin9 B Gomez Printed Name: R-15n,t,r,ir Comm.:HH 357544 S Expires:February28,2027 Notary Public, State of Florida 7 \Notary Public-Stte of Florida At Large My Commission Expires: Vcb. 2S, X'2!7 Commission No.: 1-114 3Ln Syy STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me, by means of n physical presence or r.1-online notarization, this 27th day of August, 2024 by Sandi Neubarth, Director, Anser Advisory Consulting LLC. #Sfie is personally known WI me or has produced as identification and did take an oath. eirtzt_. Printed Name:imn-LA ?elerc TAMMY PETERS Notary Public, Sta a of F oridammissanNHH126Aa8 us135. 2025 At Large Beit8Thrvirolf Inw^ 8Bolas-70g My Commission Expires: ('0 3Ii`o; Commission No.: 1-1 14- / !f , 877 Q3J..-. City d Boynton Beach CITY OF BOYNTON BEACH.FLORIDA P.O Box 310 Boynton Beach, FL 3342 5-031 0 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE. AUGUST 13.2024 la.Pane(It CB42451216Of1X)T20 w Lagar MANOR FOREST PL 4 11 2 NI ELSE N ERIC 4053 MANOR FOREST TM.API C BOY+d1ON 81401 FL 33436441E,O IIdihlllnl.I'IIIIIIuI,IIIiI IiI1II uull1I1111n^I.II I.tyi NOTICE TO PROPERTY OWNER THIS IS NOT A BLL As reegerad by Section 191.3632 Rands StaaAes.and City Umbrian*No 08011 rd.ae tie 4 'Boynton Beach Rai an annul aseesment fa lie rescue dances using tie lax ba lniecton metal. may be Meed on you propetttr to the tical year O labsr 1. 2024•Soden-bet 30.2025 The City has toned a Ore rescue epeoat lineament strict 2001 pursuant b Ordnance No 01-34 as amended what Ordnance sunset on Sepenber 30. 2008 The City then adopted Ordr.aece Nb 06-Ot 7 to"wide br raer.acehent al the Ire rescue speoal assessment watt*the City commencing with the 2006-2009 fecal year The pupose of ties asseernenl s toured fee*sate*rocs Whetting enprohed property roosted eaten the Oy of Doyntn Beach The told wve,at Ire mac* assessment reeeeenue b be collected ween tee Clay of Boyriern Birch i,esOrtrted b be 510.162.248 The avian tire.este! aasesanent a based on be duaticasn of earn parcel of proartY and n of bang vias bonlar.ed thenen Cabo:Hy Type and N untie.u I Biting Units Rapt Year 24-25 Abetment-it Resslinbel Su de% n- • 14.- . Total Assessment 145 00 The maximum annual Ire rescue see_es awryireIent bat own be(tweed*trout tartar notice ter the spore palet to Fiscal Yat 202425 and blur*fiscal years a 514500 A pubic heating M be heed at 600 pm on September 3.2024.M Ory Hai Cammaseon then tars.100 Eau Wren Avenue.Boyn10n Beach.Fbnda for tie popoee of recerrrg public comment on the proposed aaseslmats You and all oder a4eded pcyerty owners hest ie ittl2.ia mo alba Nem Ana 12 be.ttfl i Moldovaova Seth.fee cab Corllnascin Win 2R MA 01 thaw flora_tYlualaeOtle b appeal ars decision nude by We Cy Commeeseon with respect to any nutlet connived at the heath ym rad need a record of the proceedings and may need to entre tel a vettaten maid es made.r ch4nQ tie testimony and eadenoe upon much be appeal e b be made In aocadance *th be Arne/cans with Q1ebattes Ad.pence*needng a spear acoorrnwdateon or an nMrprestt to parllbpate n fns procee (%) /1040 COMIC!Me City Clefts Moe al (561)742 4060 at *let three days pna to the date of be hearing Unaees proper uqs we naatea in a cool of combatantnt l r+sdcbon to secure relief wtM 20 days tom the dale of Oty Comm/saw action at be oboe heaRg(e•dudng the method of wportwrh»A the rate A asceetirneA and the enpamb n of asesanwea). such action she be 4*tel aatucba son d the smuts;retarded Aches of the Foe Ramie Asaesrmnnt Ordenan* the tat.a Assessment ReaceAcn the Prelenna y Rale Reso4Aon. and the preliminary aaseswne t ed aro swaddle fa inspectun a the City Clerk's office.located at 100 E Ocean Ave Bbynbn Beach.Ronda 33.425 Pursuit to Creepier 92-264. Laws of Hands. as amended by Chapin 2003-346 Law of Ronda.a speaar aC awatng to tie Cool* notice of the tee miscue aseeesnenl imposed by the City/W alto ba!headed by be Poverty Appeaser as pit of the nonce of propcsed properly Ices under Beeson 200.069 Ronda StaSAa.the tn,th.n-/naage rwtdcaeon Both the Ire rescue.non-al .Amorem as eersrnent amaze frown an he ria.*and the ed wetonern taxes for the above pared wee be needed on mead vaworen las ba mailed in November F ado*b pay the aasesene nts vies lane a las cartAcate to be trued agent Its property what may*suet in a 1016 of lee 1 thele n a meeaMe Gn tree MOM.a lel be corrected It you have any quabns regerdny your Ire re tr ere asteaemer*pact! manta!]the Fi.ars*Department at(561 S 742-6310 Monday trough F'de,between 600 am arta S OO pin THIS SNOT ASLL ""' 878 APPENDIX B PROOF OF PUBLICATION 11 879 Stanzione, Tammy From: CivicOptimize Productivity <noreply@civicplus.com> Sent: Thursday, August 29,2024 6:24 PM To: Stanzione,Tammy Subject: Legal Notice Submission Affidavit Attachments: Boynton Beach Legal Notice.pdf This Message Is From an External Sender This message came from outside your organization. GXrY o,. 14** tiTONlap4" Y OA% Q e N ' Affidavit of Legal Notice submission and publication Boynton Beach Legal Notice Submission Time: 08/29/2024 6:24 PM (EDT) 1 880 Please find a PDF of your submission details attached to this email. The attachments included in your submission are listed below. This Legal Notice along with the attachments is now published on the web portal. Map.pdf signature.png Signature of Affiantl'l ?2 orlsc-- rof NotaryPublici O---Signature ub c r` 66-a)(\n\-Q, KEYSIERA DELORME Notary Public-Sotate of Florida Notary mmission HH 3207T9 My Commission Expires October 10.202 Stamp Boynton Beach Legal Notice Submission 2 881 Boynton Beach Legal Notice 08/29/2024 6:24 PM(EDT) Submitted by Tammy Stanzione(stanzionet@bbfl.us) Y O4bG E r 0 TO N Boynton Beach Legal Notice Please choose a category Government Publications-Tax Notices-Boynton Beach Title NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS Publish Date 08/29/2024 Publish lime 4.51 PM(EDT) Description Notice is hereby given that the City Commission of the City of Boynton Beach will conduct public hearings to consider the imposition of annual fire rescue special assessments for the provision of fire rescue services within the municipal boundaries of the City of Boynton Beach. The hearings will be held at 6:00 p.m., on September 3, 2024, and September 23, 2024, in the City of Boynton Beach Commission Chambers, 100 East Ocean Avenue, Boynton Beach, Florida, 33435, for the purpose of receiving public comment on the proposed assessments.All affected property owners have a right to appear at the hearings and to file written objections with the City Commission within 20 days of this notice. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office at (561) 742-6060, at least three days prior to the date of the hearings The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The proposed fire rescue assessment schedule for Fiscal Year 2024-2025 is as follows: 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 Submission ID:8bDba51a-9f46-4e7d-9ed3-3458799bc3ef Page 1/2 882 Institutional 0.36 Nursing Home 0.36 Copies of the Fire Rescue Assessment Ordinance, the Initial Assessment Resolution, the Preliminary Rate Resolution, and the Preliminary Assessment Roll are available for inspection at the City Clerk's Office in City Hall, located at 100 East Ocean Avenue, Boynton Beach, Florida, 33435. The fire rescue non-ad valorem assessment will be collected on the ad valorem tax bill to be mailed in November 2024. Failure to pay the assessments will cause a tax certificate to be issued against the property, which may result in a loss of title. If you have any questions, please contact the Finance Department at (561) 742-6310, Monday through Friday between 8:00 a.m. and 5:00 p.m. Attach Flies(Optional) Map.pdf Submitted by(Email Address) stanzionet@bbfl.us Notifications No Signature Submission ID:8bOba5la-9f46-4e7d-9ed3-3458799bc3ef Page 2/2 883 yr- 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 131 12 884 APPLICATION DEADLINE OCTOBER 16, 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 2024 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 (2022 & 2023) 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 885 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 16, 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 2024 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 886 887 888 889 890 891 892 893 894 895 City of Boynton Beach Agenda Item Request Form 8.C Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 09/23/2024 Meeting Date: 09/23/2024 Proposed Ordinance No. 24-012- Second Reading- 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 all employment-related contracts on behalf of the City; providing for codification, severability, conflicts, and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-012, on second 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. This ordinance clarifies and codifies the City Manager's authority to enter into employment-related contracts on behalf of the City as the chief administrative officer in accordance with Article II, Section 20 of the City Charter. How will this affect city programs or services? This ordinance establishes a signature authority framework and provides express rather than implied authority, ensuring employment- related contracts executed are legally enforceable. Fiscal Impact: N/A Attachments: City_Manager_Signature_Authority_Ordinance-_Rev._091624.docx business-impact-estimate-City_Manager_Signature_Authority.pdf Charter Provisions.pdf Memo to Commission Auhority to Execute Contracts under Charter.pdf 896 9.16.24 (SRW) Page 1 of 3 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-0121 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, pursuant to Article II, Section 20 of the City Charter, the City Manager is 15 responsible for the hiring, appointment, and discharge of all City employees, except the City 16 Attorney and the City Commission has determined that in order for City administration to function 17 at the most efficient level, the City Manager shall be granted the authority to execute all 18 employment-related agreements under the conditions specified herein. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 20 CITY OF BOYNTON BEACH, FLORIDA:21 Section 1:The foregoing “WHEREAS” clauses are hereby ratified as being true and 22 correct and are hereby made a specific part of this Ordinance upon adoption hereof.23 Section 2:Part II, Chapter 2, Article II, Section 2-30, entitled “Powers and Duties 24 Generally” of the Code of Ordinances of the City of Boynton Beach is hereby amended to create 25 subsection “K” as follows:26 Part II, Chapter 2, Article II, entitled “City Manager.”27 897 9.16.24 (SRW) Page 2 of 3 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Sec. 2-30. – Powers and duties generally.28 The city manager shall be the chief administrative officer of the city and be responsible to 29 the commission for the administration of all city affairs placed in his charge under the City Charter, 30 Code of Ordinances, or assigned to him by the city commission. He shall have the power and duty 31 to:32 …33 (k): Approve and execute employment agreements, including, but not limited to, 34 employment, disciplinary, and separation agreements, necessary to administer the City’s 35 employment matters in accordance with Article II, Section 20 of the City Charter, and Article II, 36 Section 2-30 of the City Code of Ordinances.37 Section 3:Codification.It is the intention of the City Commission of the City of 38 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall 39 become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida,40 and that Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may 41 be changed to “Section,” “Article,” or such other word or phrase in order to accomplish such 42 intention. 43 Section 4:Severability.If any clause, section, or other part of this Ordinance shall be 44 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 45 or invalid part shall be considered eliminated and in no way affect the validity of the other 46 provisions of this Ordinance.47 898 9.16.24 (SRW) Page 3 of 3 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 5:Conflicts.That all Ordinances, parts of Ordinances, Resolutions, or 48 parts of Resolutions in conflict herewith be and the same are repealed to the extent of such conflict.49 Section 6:Effective Date.That this Ordinance shall take effect immediately 50 upon passage.51 FIRST READING this ____ day of _____________________________ 2024.52 SECOND, FINAL READING,AND PASSAGE this ____ day of _______________2024.53 CITY OF BOYNTON BEACH, FLORIDA54 YES NO55 56 Mayor – Ty Penserga _____ _____57 58 Vice Mayor – Aimee Kelley _____ _____59 60 Commissioner – Woodrow L. Hay _____ _____61 62 Commissioner –Angela Cruz _____ _____63 64 Commissioner – Thomas Turkin _____ _____65 66 VOTE ______67 ATTEST:68 69 70 _____________________________71 Maylee DeJesús, MMC Ty Penserga72 City Clerk Mayor73 74 APPROVED AS TO FORM:75 (Corporate Seal)76 77 78 Shawna G. Lamb79 City Attorney80 899 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. 900 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 901 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/1/1902 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. 903 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. 904 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. 905 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. 906 City of Boynton Beach Agenda Item Request Form 8.D Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 09/23/2024 Meeting Date: 09/23/2024 Proposed Ordinance No. 24-017- Second Reading- An Ordinance of the City Commission of 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. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-017, on second 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_2d_reading (2).docx business-impact-estimate.pdf 907 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 36 908 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 77 909 (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."114 115 910 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) nine (9) 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.151 911 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)166 167 912 FIRST READING this 20th day of August 2024.168 169 SECOND, FINAL READING, AND PASSAGE THIS 10 th day of September 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 913 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 No. 24-017- Second Reading- An Ordinance of the City Commission of 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. 914 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," 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. 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: 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): None. 915 City of Boynton Beach Agenda Item Request Form 8.E Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 09/23/2024 Meeting Date: 09/23/2024 Proposed Ordinance No. 24-019- Second Reading - An Ordinance of the City Commission of the City of Boynton Beach, Florida, 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 second 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: 916 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 inflation. Attachments: 24-019_Utility_Rate_Ordinance_8.26.24__1_ (2).docx Buisness Impact Estimate-Utility Ordinance amendment-v2.pdf 917 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 918 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. 46 919 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.65 920 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.84 921 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 922 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 923 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 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 $4,000 135 Construction Meters 924 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. 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 $600 136 If the customer requests to increase the size of his water meter to a size greater than 137 originally installed, the customer shall pay only the differential cost between the original meter 138 and the cost of the new meter for both the connection and deposit charges.139 Section 5.Sec. 26-9. Water and wastewater rates and charges.140 (a) The monthly rates and charges for water and wastewater shall be reviewed annually by the 141 Utilities Management, and the rates set by the Commission during the annual budget process. Such 142 rates shall become effective on October 1 of each fiscal year. Unless otherwise agreed, rates for 143 customers outside the city are set twenty-five percent (25%) higher.144 (b) The maximum sewer commodity charge for residential customers (in city or outside city) 145 will be based upon a maximum sewer usage of seven thousand (7,000) ten thousand (10,000)146 gallons per month. Commercial accounts will be billed sewer charges based upon total water 147 usage.148 (c) For multi-family and commercial buildings (in city or outside city) in which several units 149 are serviced by a single meter, the base facility charge per meter shall be calculated by multiplying 150 the number of units times the standard base charges for water, sewer and stormwater. The billing 151 925 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 152 meter by the number of units, in order to determine the billing rate and amount per unit, which is 153 then multiplied by the number of units on each meter. Billing for utility services for multi-unit154 parcels shall commence on the first day that either a sewer connection is made or a water meter is 155 set in place.156 (d) If the utility account is temporarily disconnected, there shall continue to be a minimum 157 charge for water and wastewater billed monthly and calculated at the base rate for the applicable 158 billing category.159 Section 6.Sec. 26-16. Prerequisites to approval of development permit.160 In connection with review of any proposed plans or specifications above described by the 161 designated municipal officials, the following shall be determined:162 (a) That the size, location, and design of the pipes, pumps, lift stations, or piping intended to 163 serve the area shall be sufficient to insure ensure adequate flow and pressure, based upon the size, 164 height, and density of the subject development. In addition, it shall be affirmatively determined 165 that the off-site utilities are sized to comply with the Master Comprehensive Utilities Plan of the 166 city; provided, however, that if said compliance requires any oversizing of the pipes or piping 167 necessary to serve the subject development, the developer (or developers) by joint written 168 agreement with the City shall finance the needed areas' off-site utilities to a capacity necessary to 169 serve the property of the developer (or developers) in accord with the master plan and; any 170 oversizing of said off-site utilities constructed in accord with the master plan shall be initially171 926 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 172 council commission agrees to fund the oversizing costs in an amount equal to the oversizing costs 173 plus fifteen (15) percent an administrative fee cost to be paid by the developer (or developers); 174 additionally provided that the owner may pay the costs of such oversizing with such costs to be175 accounted as a credit against the owner's capital facilities charge pursuant to section 30B-4(G) 176 hereof. In addition, the proposed system shall provide adequate fire prevention needs and adequate 177 safeguards in the proposed system to provide emergency service in the event of accidental 178 breakage and loss of pressure within said system as determined by the city.179 Section 7.Sec. 26-31. Financing.180 (a) Design by city. In all cases, developers and/or property owners will extend monies to the 181 city to cover the cost of initiating and designing all or any portions of the transmission, collection 182 and treatment facilities. This will be fifteen (15) fee will be established in the City’s fee schedule 183 and be based on a percent of the total estimated cost of any project as determined by the city's 184 engineers.185 …186 Section 8.Sec. 26-34. Capital facilities charges and connection charges.187 (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or 188 sewage service from systems owned or controlled by the city, the owner of such property shall pay 189 unto the city a the water and/or sewage capital facilities charge as follows: set forth in the City’s 190 fee schedule.191 927 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:192 (a) Residential property located within the municipal limits of Boynton Beach. One 193 thousand one hundred twenty-two dollars ($1,122.00) Fee charged per equivalent dwelling unit. 194 “Equivalent dwelling unit” is defined as a unit of construction having the same water usage as a 195 one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of196 this calculation, contained within the property shall be determined in accordance with the schedule 197 set forth below in subparagraph (3) and the City’s fee schedule.198 (b) Nonresidential property located within the municipal limits of Boynton Beach. One 199 thousand five hundred seventy dollars and eighty cents ($1,570.80) Fee charged per three-quarter 200 inch by five-eighths inch (¾" x 5/8") meter equivalent (ME). The table below indicates for various 201 meter sizes the numbers of ¾" x 5/8" MEs and the charges.202 203 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 $329,868.00 204 (c) Residential property located beyond the municipal limits of Boynton Beach but within the 205 utility service area .One thousand four hundred three dollars ($1,403.00)Fee charged per 206 928 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 207 same water usage as a one-bedroom single-family home, and the number of equivalent dwelling208 units, for the purpose of this calculation, contained within the property shall be determined in 209 accordance with the schedule set forth below in subparagraph (3) and the City’s fee schedule.210 (d) Nonresidential property located beyond the municipal limits of Boynton Beach but within 211 the utility service area .One thousand nine hundred sixty-two dollars and fifty cents ($1,962.50) 212 per three-quarter inch by five-eighths inch (¾" x 5/8") Fee charged per meter equivalent (ME). 213 The table below indicates for various meter sizes the numbers of ¾" x 5/8" MEs and the charges.214 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 $412,125.00 215 (2) Sewage:216 (a) Residential property located within the municipal limits of Boynton Beach. Six hundred 217 sixty-five dollars ($665.00) Fee charged per equivalent dwelling unit. "Equivalent dwelling unit" 218 is defined as a unit of construction generating the same amount ofsewage as a one-bedroom single-219 929 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, 220 contained within the property shall be determined in accordance with the schedule set forth below 221 in subparagraph (3) and the City’s fee schedule.222 (b) Nonresidential property located within the municipal limits of Boynton Beach. Nine 223 hundred thirty-one dollars ($931.00) per three-quarter inch by five-eighths inch (¾" x 5/8") Fee 224 charged per meter equivalent (ME). The table below indicates for various meter sizes the numbers 225 of ¾" x 5/8" MEs and the charges.226 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 $195,510.00 227 (c) Residential property located beyond the municipal limits of the City of Boynton Beach 228 but within the utility service area. Eight hundred thirty-one dollars ($831.00) Fee charged per 229 equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating 230 the same amount of sewage as a one-bedroom single-family home, and the number of equivalent231 dwelling units, for the purpose of this calculation, contained within the property shall be 232 930 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 233 schedule.234 (d) Nonresidential property located beyond the municipal limits of Boynton Beach but 235 within the utility service area.One thousand one hundred sixty-three dollars and seventy-five cents 236 ($1,163.75) per three-quarter inch by five-eighths inch (¾"x 5/8") Fee charged per meter 237 equivalent (ME). The table below indicates for the various meter sizes the numbers of ¾" x 5/8" 238 MEs and the charges.239 240 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 $244,387.50 241 Said capital facilities charge is designed to cover the cost of existing or additional raw water 242 production facilities, water treatment facilities, and water distribution facilities together with 243 sewage transmission facilities either existing or additions and improvements thereto, which will 244 be utilized by the city to provide water and sewer service to said property. Said capital facilities 245 charge shall be paid in full prior to the execution of the Health Department applications or approval 246 931 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 247 or development property or installation of the first water meter on the owner’s property, whichever 248 is achieved first, and shall be computed based upon the rate in effect upon that date.249 If oversizing funding has been carried out by a developer (or developers), that funding will 250 have a capital facility charge credited in an amount no greater than the oversizing charge portion 251 of the cost of original construction. Oversizing costs shall be defined to be the relative carrying 252 capacity of the oversized lines as constructed versus the carrying capacity of the minimum sized 253 lines that would have been required to serve the development (or developments) participating in 254 the funding.255 as follows:256 257 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 6 258 932 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 259 exhibit is set out following this division.260 If in providing water or sewer service to an owner or developer, the city utilizes a part or parts 261 of already installed city facilities that have been oversized pursuant to division 1 of this article, the 262 responsibilities of each developer receiving such service subsequent to the trunk line construction 263 agreement for connecting to a system that has been previously oversized, will be to pay the 264 proportional share (this developer(s) equivalent dwelling units as a percent of total equivalent 265 dwelling units to be served by the oversize pipe) of the total cost (engineering, construction, etc.) 266 of the system plus the following:267 (a) An adjustment equal to the engineering consumer price index increase, if any, since the 268 contract date of the construction of the oversizing.269 (b) An adjustment that represents the interest (assumed to be 9%) that the city would have 270 earned if the related capital facility charge credits were not given to the developer or developers 271 who funded the oversizing.272 (c) An adjustment that represents an administrative charge to the city for handling the 273 oversizing negotiations and procedures; the amount to be established in the City’s fee 274 schedulefifteen percent (15%).275 (d) Equivalent dwelling units capital facilities charge then in effect for water and sewer 276 services in accord with this chapter as amended.277 933 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 278 dwelling units require a twelve (12) inch line to serve them, and the three (3) developers jointly 279 agree with the city to fund a sixteen (16) inch line which will serve twelve thousand (12,000) 280 equivalent dwelling units. The three (3) developers will pay the entire cost of the installation of 281 the line, but would receive credits against capital facility charges for 52.318% of the cost of the 282 line divided among the three (3) developers according to their individual share of the four thousand 283 (4,000) units. Developers tying-in to the system at a later date would pay a cost per unit equal to 284 1/12,000 of the construction costs plus items (a), (b), (c), and (d) above.285 (3) The following tTables set forth in the City’s fee schedule shall be used to determine the 286 number of equivalent dwelling units and capital facilities charges for residential property with the 287 indicated number of bedrooms.:288 289 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 $1,828.75 290 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 $1,330.00 291 934 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 292 units shall be added to the multiplier for each additional bedroom beyond five, and the capital 293 facilities charges shall be computed employing said multiplier.294 Any subdivision where each unit will be responsible for their own water will be classified under 295 single-family.296 Duplexes are classified under apartments and multiplied by the number of bedrooms. Example: if 297 three bedrooms per apartment, multiply the cost of three-bedroom apartment x 2.298 Mobile homes and trailers are classified as having one equivalent dwelling unit (per City 299 Ordinance 80-10) and are charged the same as a one-bedroom unit.300 (B) USE OF FUNDS. All revenues derived from the charges imposed by this section, in excess 301 of the sums required for actual reimbursement of costs for connection, shall be placed in a separate 302 capital improvement fund to be known and designated as Capital Improvement Account of the 303 Water and Sewers Utilities Fund, and shall be used only for the construction, acquisition, addition, 304 extension, renewal and replacement of water and sewage systems of the city, as appropriated from 305 time to time by the Commission. If funds are not available in this fund either through revenue from 306 capital facility charges or balance from bond issue, for the city to approve a project to extend water 307 and sewer systems, the developer may advance fees to the utility trust fund.308 (C) WATER CONNECTION CHARGE. When property receives water service from the city 309 facilities, the owner of such property shall pay unto the city a water connection charge, based upon 310 the size of the service line and meters, for the cost of making the tap into the city system, 311 935 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 312 water connection charge shall be provided by the city commission, as same shall from time to time313 be amended.314 (D) SEWER CONNECTION CHARGE. When property receives sewage service from the city 315 facilities and the owner of such property requests that the city install the service lateral and make 316 the actual tap into the city system, the owner shall pay to the city the total cost of all labor 317 performed and material supplied prior to the city performing such services.318 (E) CAPACITY RESERVATION FEES. Any person or property owner requesting a firm 319 reservation of water and/or sewage treatment capacity shall pay the city a reservation fee for said 320 capacity. The reservation fee is intended to equal the costs for financing the necessary capacity 321 and administering this program, and all revenues therefrom shall be placed in the capital 322 improvement fund described in this section. As such, tThe reservation fee is hereby shall be 323 established as denoted in the following table,in the City’s fee schedule for each year that capacity 324 is to be reserved.325 326 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: 936 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 32,169.06 327 In cases where the required information is not available in sufficient detail to apply the above328 calculate the capacity reservation fee, a projected flow or demand for the project, certified by a 329 professional engineer registered in the State of Florida, shall be required. One (1) ERU shall then 330 be equivalent to three hundred eighty-six (386) gallons per day of flow or demand.331 The reservation fee shall be due and payable at any of the following instances, whichever 332 occurs first:333 (1) At time of concurrency review and certification; or334 (2) Upon request for written confirmation of capacity reservation; or335 (3) Upon request for the utilities director's signature on department of health and rehabilitative 336 services or department of environmental regulation permit applications for water and/or sewer 337 main extensions; or338 (4) Upon issuance of a development order by the city; or339 (5) Upon renewal of an existing development order by the city.340 937 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 341 property owner has not paid all applicable capital facilities charges prior to expiration of the 342 reservation fees, then the fees must be renewed at the rate in effect at that time. Reservation fees 343 are not refundable for any portion of the year during which construction occurs.344 The property owner, may, at his discretion, pre-pay all required capital facilities charges in lieu 345 of paying reservation fees. In such instances, firm capacity would be reserved indefinitely without 346 need for annual renewal.347 Section 9.Sec. 26-44. Penalties.348 Violation of any provision of this article shall be subject to the following penalties: set forth in the 349 City’s fee schedule.350 First violation: twenty-five dollars ($25.00)351 Second and subsequent violations: Fine not to exceed five hundred dollars ($500.00) and/or 352 imprisonment in the county jail not to exceed sixty (60) days353 Each day in violation of this article shall constitute a separate offense. In the initial stages of a 354 water shortage or water shortage emergency, law enforcement officials may provide violators with 355 no more than one (1) written warning. The city, in addition to the criminal sanctions contained 356 herein, may take any other appropriate legal action, including but not limited to emergency 357 injunctive action, to enforce the provisions of this article.358 938 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.359 …360 (g) Penalties.361 (1) Violation of any provision of this section shall be subject to the following penalties: set 362 forth in the City’s fee schedule.363 a. For the first violation, by a fine not to exceed $50;364 b. For a second violation, by a fine not to exceed $150; and365 c. For a third violation, by a fine not to exceed $250 and by termination of water366 service to the premises until the violation is corrected.367 …368 Section 11:Sec. 26-126. Written permit to be obtained, application, inspection fee.369 Before the commencement of construction of a private sewage disposal system, the owner shall 370 obtain a written permit signed by the authorized city official. The application for the permit shall 371 be made on a form furnished by the city, which the applicant shall supplement by with any plans, 372 specifications, and other information as are deemed necessary by the authorized city official. A 373 permit and inspection fee of $50 shall be paid to the city at the time the application is filed.374 Section 12.Sec. 26-162. User charges; wholesale sewer rates; calculation of sewer 375 surcharge.376 …377 (c) Calculation of sewer surcharge.378 939 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. …379 (2) The surcharge will be added to the sewer rate set forth in the City’s fee schedule to develop 380 the monthly cost per customer. As an example of sewer charge calculations utilizing sewer rate 381 and the strength surcharge formula, assume the following with respect to Ajax Manufacturing 382 Company: total monthly flow of 100,000 gallons; COD of 900 mg/l; BOD5 of 500 milligrams per 383 liter; total suspended solids of 900 milligrams per liter; for example purposes, Prevailing monthly 384 sewer rate is $1.52 per 1,000 gallons.385 …386 387 Section 13.Sec. 26-164 Industrial cost recovery system.388 …389 (b) The annual cost recovery is as follows: for the390 (1) SIU Industrial Permit Fee—$500 plus monitoring costs.391 (2) or Commercial/Industrial User Fee—$50 plus monitoring costs. shall be set forth in the 392 City’s fee schedule.393 Permit fees, commercial/industrial user fees, and related monitoring costs reimbursements 394 must be paid within 30 days of permit issuance or receipt of monitoring cost recovery notice.395 Commercial/industrial user fees will be billed as a new line item on the prevailing water/sewer 396 bill prorated over a period of 12 months, but billed monthly; a monthly payment of $4.17 will be 397 with a service charge added to the prevailing water/sewer bill.398 940 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. …399 Section 14.Sec. 26-177. Penalties.400 Failure to comply with any Chapter 26 ordinances that relate to the actual and/or potential 401 introduction of prohibited and/or restricted effluents into the sanitary sewer system requires 402 penalties as mandated by federal law; e.g. Federal Pretreatment Regulations Section 403 403.8(f)(l)(vi)(A), requireswhich establishes minimum penalties in at least the amount of 404 $1,000.00 per day per violation which goes uncorrected.405 (a) Any user who is found to have violated an order of the city or who fails to comply with any 406 provision of this chapter for which another penalty is not provided, and the orders, rules, and 407 regulations issued hereunder, shall be penalized in at least the amount set forth in the City’s fee 408 schedule of $1,000 per day for each offense. Each day on which a violation shall occur or continue 409 shall be deemed aseparate and distinct offense. Such fines shall be assessed on a per violation, per 410 day basis. In the case of monthly or other long-term average discharge limits, fines shall be 411 assessed for each day during the period of violation. A lien against the user's property will be 412 sought for unpaid charges, fines, and penalties. In addition to the penalties provided herein, the 413 citymay recover all reasonable attorneys' fees, court costs, court reporters' fees, and other expenses 414 of litigation by appropriate motions or suit at law against the user or person found to have violated 415 this chapter or the orders, rules, regulations, and permit issued hereunder.416 (b) Penalties for continuing violations. Any person who shall continue any violation beyond 417 the time limit provided for in Section 26-166(a) shall be guilty of a violation, and on conviction 418 941 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 419 forth in the City’s fee schedule for each offense. Each day in which any violation shall continue 420 shall be deemed a separate offense.421 (c) Whoever violates Section 26-171 shall, upon conviction, be punished by a fine in at least 422 the amount of $1,000the minimum amounts set forth in the City’s fee schedule or byimprisonment 423 for not more than 60 days, or by both.424 …425 Section 15.Sec. 26-404. Billing and payment; penalties.426 …427 (b) For properties normally receiving monthly utility bills for other services, the stormwater 428 utility fee shall be included in the monthly utility bill rendered to the established customer. At the 429 discretion of the Utility city Finance Director, fee waivers for short-term inactive utility accounts 430 accruing fees of $10 or less than the amount established in the City’s fee schedule in a six-month 431 period may be made for purposes of administrative convenience.432 …433 Section 16.Sec. 26-406. Capital contributions.434 Procedures and standards developed by the Utility Director shall define appropriate means by 435 which to optimize development capital contributions in the implementation of basic specific 436 stormwater systems. These basic specific capital contributions shall take the form of “fee-in-lieu-437 942 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 specific438 written decision will be developed. The application is defined as follows:439 …440 (3) The “fee-in-lieu-of” capital contribution for properties redeveloping within the Downtown 441 Stormwater Improvement Watershed, and utilizing the installed stormwater treatment and/or 442 conveyance facilities within that watershed, shall be levied in accordance with the City’s fee 443 schedule. as follows:444 a. Capital cost per impervious square foot for Water Quality $2.05445 b. Capital cost per impervious square foot for Water Quantity $0.18446 c. Total Capital cost per impervious square foot for Water Quality and Quantity $2.23447 This fee shall be paid prior to the issuance of a building permit for new construction and/or 448 redevelopment in the Downtown Watershed.449 Section 17.Sec. 26-408. Stormwater utility enterprise fund.450 There shall be established a stormwater utility enterprise fund for the deposit of all fees and 451 charges collected by the stormwater utility. These funds shall be for the exclusive use of the city's 452 stormwater management utility, including, but not limited to, the following:453 …454 (4) Administrative costs associated with the management of the stormwater utility fee. A 455 maximumamount established in the City’s fee scheduleof $2,000may betransferred to the general 456 fund annually for administrative costs.457 943 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. …458 Section 18.Sec. 26-210. Fees and permits.459 The city shall levy a fee for testing (and re-testing as necessary) all devices (including backflow 460 devices) based upon program cost administration, as set forth in the City’s fee schedule. shown in 461 Fee Schedule A:462 FEE SCHEDULE A 463 464 465 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 $150.00 466 944 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 467 be considered as one unit. Other units at the same site, but on separate lines, will be billed as 468 separate units.469 Section 19.Sec. 26-212. Penalties.470 …471 (b) Any person who violates any of the provisions of this article shall be liable to the city for 472 all costs and damages incurred by the city as a proximate result of such violation plus a fine up to 473 five hundred dollars ($500.00)per daynot to exceed the amount set forth in the City’s fee schedule.474 Section 20.Conflicts.That all Ordinances, parts of Ordinances, Resolutions, or 475 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict.476 Section 21.Severability. If any clause, section, or other part of this Ordinance shall be 477 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 478 or invalid part shall be considered eliminated and in no way affect the validity of the other 479 provisions of this Ordinance.480 Section 22.Codification.It is the intention of the City Commission of the City of 481 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall 482 become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, 483 and that Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may 484 be changed to “Section,” “Article,” or such other word or phrase in order to accomplish such 485 intention. 486 945 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 487 upon passage.488 489 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)490 946 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 3rd day of September 2024.491 SECOND, FINAL READING AND PASSAGE this 23rd day of September 2024.492 CITY OF BOYNTON BEACH, FLORIDA493 YES NO494 495 Mayor – Ty Penserga _____ _____496 497 Vice Mayor – Aimee Kelley _____ _____498 499 Commissioner – Woodrow L. Hay _____ _____500 501 Commissioner –Angela Cruz _____ _____502 503 Commissioner – Thomas Turkin _____ _____504 505 VOTE ______506 ATTEST:507 508 _____________________________509 Maylee DeJesús, MMC Ty Penserga510 City Clerk Mayor511 512 APPROVED AS TO FORM:513 (Corporate Seal)514 515 516 Shawna G. Lamb517 City Attorney518 947 Page 1 of 3 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; 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. Proposed Ordinance Second 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 26 “Water, Sewer and City Utilities” to provide all water, sewer and utility fees, rates and charges set by the City Commission by resolution, Providing for Conflicts, Severability, Codification; and Providing for an Effective Dt 948 Page 2 of 3 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): Summary of the proposed ordinance The City of Boynton Beach desires to amend Chapter 26, “Water, Sewer and City Utilities” to remove all references to previously adopted fees, rates and charges and to provide that such fees, rates and charges will be adopted by resolution. 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 proposed ordinance amendment removes the utility fees, rates and charges from the Utility ordinance so they are set by the Commission by resolution. Customers will be charges based on the usage rate tier and the type of service requested. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: Fees, rate tiers and charges are proposed to be modified as described in the first budget reading and proposed published fee schedules based. Customers are charged based on their usage and rate tiers and for any services they request. (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. Miscellaneous fees are revised and proposed based on a comprehensive rate analysis to determine the fair and reasonable rates, fees and charges. Rate tiers and other changes are proposed based on the analysis and comparison of neighboring utilities and industry norms. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Potentially all water customers could be impacted, based on the analysis 813 inside City commercial accounts will impacted. 949 Page 3 of 3 4. Additional information the governing body deems useful (if any): Additional information the governing body deems useful (if any): The Utilities Department operates an enterprise fund and must recover the costs of operations through rates, fees and charges for services rendered and in order to meet debt service requirements and rate covenants. These rates, fees and charges shall be just and equitable based on usage and services provided. 950 City of Boynton Beach Agenda Item Request Form 8.F Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 09/23/2024 Meeting Date: 09/23/2024 Approve Development Order request for Major Site Plan Modification (MSPM- 2024.05.46183) application for the Ezell Hester Jr. Community Park. Requested Action: Approve Development Order for a Major Site Plan Modification (MSPM- 2024.06.52187) for the Ezell Hester Jr. Community Park to construct a 17,500 square foot airnasium over the existing basketball court. Explanation of Request: The Ezell Hester Jr. Community Park features the Ezell Hester Jr. Community Center, basketball and pickleball courts, athletic field, playground, and associated site amenities. The basketball courts, which are the focus of this Major Site Plan Modification application, are situated near North Seacrest Boulevard on the southeast side of the property. The City of Boynton Beach, the applicant, has engaged with a consulting firm to design an “airnasium”—a pre-engineered open-air steel structure—to cover the existing basketball courts located in the southeast corner of the park. The proposed structure is approximately 17,500 square feet and stands at a height of 25’8” measured to the top of the roof ridge. The gymnasium's purpose is to provide shade and shelter to encourage increased use of the basketball courts during the summer months while facilitating a variety of recreational and functional activities. The proposed structure will not impact utilities, traffic, landscaping, or other recreational activities in the park. According to the Land Development Regulations (LDRs), city-owned or operated facilities that could significantly impact nearby properties must undergo a Site Plan review and obtain approval from the City Commission. Therefore, the applicant is requesting approval of the Major Site Plan Modification (MSPM-2024.06.52187) to construct the airnasium structure. How will this affect city programs or services? Providing shelter at an existing amenity, Ezell Hester Jr. Community Park. The Community will be able to use the facility, like the basketball courts, more frequently. 951 Fiscal Impact: No Attachments: Development Order_MSPM-2024.06.52187 Staff Report Exhibit A - Location Map Exhibit B - Justification Statement Exhibit C - Project Plans Exhibit D - Conditions of Approval 8G. Commission Presentation - Airnasium.pptx 952 S:\Planning\SHARED\WP\PROJECTS\Hester Park Airnasium (MSPM 2024.06.52187)\Exhibits\Development Order_MSPM-2024.06.52187.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Hester Park Airnasium (MSPM-2024.06.52187) APPLICANT: Kevin Ramsey, City of Boynton Beach APPLICANT’S ADDRESS: 100 E Ocean Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 23, 2024 APPROVAL SOUGHT: Approve request for a Major Site Plan Modification (MSPM-2024.05.46183) to construct a 17,500 square foot airnasium over the existing basketball courts. LOCATION OF PROPERTY: 1901 N Seacrest Boulevard DRAWING(S): SEE EXHIBIT “C” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included.” 4. The Applicant’s request is hereby _ _ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk 953 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 24-023 STAFF REPORT TO: Mayor Ty Penserga Members of the City Commission THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director FROM: Craig Pinder, Senior Planner DATE: September 23, 2024 PROJECT: Hester Park Airnasium MSPM-2024.06.52187 REQUEST: Approve request for a Major Site Plan Modification (MSPM-2024.05.46183) to construct a 17,500 square foot airnasium over the existing basketball court. PROJECT DESCRIPTION Property Owners: City of Boynton Beach Applicant: Kevin Ramsey, City of Boynton Beach Agent: Josey Murray, City of Boynton Beach Location: 1901 North Seacrest Boulevard Existing Land Use/ Zoning: Recreational (R) and Conservation Overlay (C/O) / Recreation (REC) Proposed Land Use/ Zoning: Recreational (R) and Conservation Overlay (C/O) / Recreation (REC) Proposed/Existing Use: Recreation Acreage: 23.82-acres Adjacent Uses: North: Developed commercial property classified Local Retail Commercial (LRC) land use and zoned Neighborhood Commercial (C2), and 954 Hester Park Airnasium – Major Site Plan Modification (2024.06.52187) Memorandum No PZ 24-023 Page 2 S:\Planning\SHARED\WP\PROJECTS\Hester Park Airnasium (MSPM 2024.06.52187)\Staff Report_Hester Park Airnasium_FINAL.docx 2 developed residential property classified as Low Density Residential (LDR) land use and zoned Single-family Residential (R1); South: Right-of-way of Northwest 17th Avenue, then further south, developed residential property classified as Medium Density Residential (MEDR) land use, and zoned Single and Two-family Residential (R2); East: Right-of-way of North Seacrest Boulevard, then further east, developed residential property classified as Low Density Residential (LDR) land use and zoned Single-family Residential (R1A); West: Right-of-way of Interstate 95, then further west, developed industrial property classified as Development of Regional Impact (DRI) land use and zoned Planned Industrial District (PID). PROPERTY OWNER NOTIFICATION A notice of the request was mailed to owners of properties within 400 feet of the subject property, and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND The Ezell Hester Jr. Community Park features the Ezell Hester Jr. Community Center, basketball and pickleball courts, athletic field, playground, and associated site amenities. The basketball courts, which are the focus of this Major Site Plan Modification application, are situated near North Seacrest Boulevard on the southeast side of the property. The City of Boynton Beach, the applicant, has engaged with a consulting firm to design an “airnasium”—a pre-engineered open-air steel structure—to cover the existing basketball courts located in the southeast corner of the park. The proposed structure is approximately 17,500 square feet and stands at a height of 25’8” measured to the top of the roof ridge. The purpose of the airnasium is to provide shade and shelter to encourage increased usage of the basketball courts during the summer months, while facilitating a variety of recreational and functional activities. The proposed structure will not impact utilities, traffic, landscaping, or other recreational activities in the park. According to the Land Development Regulations (LDRs), city-owned or operated facilities that could significantly impact nearby properties must undergo a Site Plan review and obtain approval from the City Commission. Therefore, the applicant is requesting approval of the Major Site Plan Modification (MSPM-2024.06.52187) to construct the airnasium structure. ANALYSIS Traffic: Traffic will not be impacted by this request. School: School concurrency is not required for non-residential projects. Utilities: The proposal will have no impact on the City’s water capacity. 955 Hester Park Airnasium – Major Site Plan Modification (2024.06.52187) Memorandum No PZ 24-023 Page 3 S:\Planning\SHARED\WP\PROJECTS\Hester Park Airnasium (MSPM 2024.06.52187)\Staff Report_Hester Park Airnasium_FINAL.docx 3 Police/Fire: The Police and Fire Departments have reviewed and approved the site plan modification request with no conditions. Further plan review by Police and Fire will occur during the building permit review. Drainage: Drainage will not be impacted as there is no change in the impervious area of the site. Access: There is no change to the points of access. The main point of ingress/egress is accessed from Seacrest Boulevard and a secondary point of egress is located along Northwest 17th Avenue. Walkways are provided throughout the park and are directly connected to the existing sidewalk along Seacrest Boulevard and Northwest 17th Avenue. Parking: Additional parking is not required with the proposed airnasium as indicated on the attached Site Plan (Exhibit C). A total of 90 existing parking spaces are located on site. Building and Site: The site area totals 23.82-acres. The proposed airnasium is a pre-engineered steel structure, totaling approximately 17,500 square feet. The structure will cover over the existing basketball courts located in the southeast corner of the park near Seacrest Boulevard and Northwest 17th Avenue. The airnasium will be painted to match the community center building. As noted previously, parking is accommodated on site utilizing the existing surface parking lot, which is located to the west of the basketball courts and can be accessed via the ingress/egress point at Seacrest Boulevard. Additional parking is located on the north side of the park near the Ezell Hester Jr. Community Center Building and the Ezell Hester Jr. Athletic Field. Setbacks: The REC zoning district requires a front building setback of 25 feet, a rear setback of 25 feet, an interior side setback of 25 feet, and a corner side setback of 25 feet. The proposed building complies with all required setbacks. The setbacks for the proposed airnasium are as follows (Exhibit C): Building Setbacks Required Provided Front (Seacrest Blvd) 25’ 25’-6” Interior Side (north) 25’ 400’ Corner Side (south – NW 17th Ave) 25’ 185’ Rear (abutting I-95) 25’ 991’ Lighting: The Photometric Plan (Sheet PH-1.00) depicts light fixtures mounted underneath the airnasium that will provide adequate illumination levels for the basketball courts. These proposed light fixtures will allow for enhanced natural surveillance of the open-air structure to help mitigate security concerns. The lighting is designed to prevent spillage onto abutting properties in accordance, which is in compliance with the LDRs. 956 Hester Park Airnasium – Major Site Plan Modification (2024.06.52187) Memorandum No PZ 24-023 Page 4 S:\Planning\SHARED\WP\PROJECTS\Hester Park Airnasium (MSPM 2024.06.52187)\Staff Report_Hester Park Airnasium_FINAL.docx 4 RECOMMENDATION Based on the information contained herein and compliance with the applicable development regulations and review criteria, staff recommends APPROVAL of the proposed Major Site Plan Modification (MSPM-2023.10.63102) subject to satisfying any conditions of approval recommended by the City Commission. Any recommended conditions of approval shall be documented accordingly in the Conditions of Approval document – Exhibit D. 957 C S XR a i l r o a dN Interstate 95S Interstate 95NE 19th Ave NSeacrestBl vdNW 1st CtNW4thStNE1stStNW 5th StNW 17th Ave NW 19th AveNW 2nd CtNW 20th Ct NW 16th Ave NW3 rd S tN W 2 n d L nNW2ndStNW 3rd LnNW 1st StNW 16th Ct NE 1st LnSB95 from GatewayNB95 to Gateway¹0 130 260 390 52065 Feet SITE Hester Park Airnasium -1901 N Seacrest BlvdHester Park Airnasium -1901 N Seacrest Blvd Exhibit A: Location MapExhibit A: Location Map 958 Monday, June 3, 2024 Hester Park Airnasium Structure – Justification Statement The City has engaged a consulting firm to design an “Airnasium” (pre-engineered open steel structure to cover the existing basketball courts) Located at 1901 N Seacrest Blvd. Ezel Hester Park. The purpose of Airnasium over the basketball courts is to provide shade for the residents of the immediate neighborhood to help promote higher usage of the courts during the summer months. structure covers the existing impervious surface of the existing basketball courts. This project has no impact on the following. • Traffic flow/counts. • Existing landscaping (no removal/install). • Other recreational activities in the park. Any incidental damage to existing sod, impervious surfaces, fencing, etc.… will be replaced to match existing. Note. Please note that the colors indicated on the elevations and rendering (A2.00 & A5.00) are the same colors that match the existing primary facility on site (community center). 959 50'PARCEL "A" SHELLROCK SANITARY MANHOLE RIM ELEV.: 16.18 SANITARY MANHOLE RIM ELEV.: 18.80 SANITARY MANHOLE RIM ELEV.: 15.67 CATCH BASIN GRATE ELEV.: 13.54 FLAG POLE COVERED AREA COVERED AREA CONCRETE BASKETBALL COURTS CONCRETE TENNIS COURTS CONCRETE RACQUETBALL COURTS PLAYGROUND FENCE (TYPICAL) PRIMARY BENCHMARK PALM BEACH COUNTY SURVEY DISK IN CONCRETE STAMPED: "WIZARD" ELEVATION = 17.772' CONCRETEOHWOHWOHWOHWOHWOHWOHW OHW OHW OHW OHWOHWeLOT 72BLOCK 21LOT 73BLOCK 21LOT 74BLOCK 21LOT 75BLOCK 21 LOT 76BLOCK 21 LOT 71BLOCK 21 LOT 83BLOCK 21LOT 82BLOCK 21LOT 81BLOCK 21LOT 80BLOCK 21LOT 79BLOCK 21LOT 78BLOCK 21 LOT 77BLOCK 21 BLOCK 26BLOCK 26 LOT 10BLOCK 26 LOT 13BLOCK 26LOT 9BLOCK 26 LOT 14BLOCK 26LOT 8BLOCK 26 LOT 7BLOCK 26 LOT 6BLOCK 26 LOT 5BLOCK 26 LOT 4BLOCK 26LOT 18BLOCK 26 LOT 17BLOCK 26 LOT 16BLOCK 26 LOT 15BLOCK 26 LOT 20BLOCK 27 LOT 19BLOCK 27 LOT 18BLOCK 27 LOT 21BLOCK 27 LOT 17BLOCK 27 LOT 1BLOCK 44 LOT 2BLOCK 44 LOT 3BLOCK 44 LOT 4BLOCK 44 LOT 5BLOCK 44 LOT 6BLOCK 44 LOT 7BLOCK 44 LOT 8BLOCK 44 LOT 18BLOCK 44 LOT 19BLOCK 44 40.00' 34.69' C N.W. 19th AVENUEL(50' R/W) N87°48'30"W 457.44'S13°33'45"W 467.63'S12°25'00"W 404.68'S88°42'30"E 138.65'S01°17'30"W 161.83'S88°42'30"E 1224.90' S87°05'37"W 140.00'N00°00'00"E 158.64'N87°48'33"W 360.52'N00°00'00"E 150.11'C N.W. 19th AVENUEL(50' R/W) C SEACREST BOULEVARDL(80' R/W)40.00'INTERSTATE 9540.00'40.00'40.00'40.00' 25.02' 5' CHAIN LINK FENCE CONCRETE LIGHT POST SITE BENCHMARK No. 1 SET 5/8" IRON ROD & CAP "LB 7232"ELEVATION = 18.44 CONCRETE CONCRETE PAD FOR BENCH CONCRETE PAD FOR REFUSE CONTAINER CONCRETE PAD FOR REFUSE CONTAINER CONCRETE PAD FOR BENCH CONCRETE PAD FOR BENCH CONCRETE SITE BENCHMARK No. 3 SET NAIL & DISK "LB 7232" ELEVATION = 22.74 CONCRETE PAD FOR TABLE CONCRETE PAD FOR BENCH CONCRETE PAD FOR TABLE 5' CHAIN LINK FENCE SITE BENCHMARK No. 2 SET NAIL & DISK "LB 7232" ELEVATION = 21.28' 6' CHAIN LINK FENCE CONCRETE SIDEWALK CONCRETE POST ASPHALT PAD FOR BLEACHERS ASPHALT PAD FOR BLEACHERSFOUND 1/2" IRON ROD & CAP "LB 26" 6' CHAIN LINK FENCE METAL SIGN 0.8' WOOD POST (TYPICAL) CONCRETE SIDEWALK FOUND 5/8" IRON ROD (NO IDENTIFICATION)FOUND X-CUT (NO ID) SET 5/8" IRON ROD & CAP "LB 7232"25'SET 5/8" IRON ROD & CAP "LB 7232" SET 5/8" IRON ROD & CAP "LB 7232" CONCRETE SIGN 5' CHAIN LINK FENCE 6' CHAIN LINK FENCE METAL SIGN CATCH BASIN GRATE ELEV.=15.03 NW INV. ELEV.=13.29 CONCRETE SIDEWALK CONCRETE SIDEWALK FOUND NAIL & DISK (NO IDENTIFICATION)25.00'25.02'FOUND NAIL & DISK(NO IDENTIFICATION) N87°48'33"W 225.22'(BEARINGS BASIS) STORM MANHOLE GRATE ELEV.=21.09 SW INV. ELEV.=17.36 SE INV. ELEV.=12.99 CATCH BASIN GRATE ELEV.=20.07 NW INV. ELEV.=14.97 CONCRETE PAD FOR REFUSE CONTAINER CONCRETE PAD FOR REFUSE CONTAINER CONCRETE PAD FOR REFUSE CONTAINER ROLLING GREEN RIDGE FIRST ADDITION PLAT BOOK 24, PAGE 223 CONCRETE WALL ENCLOSURE STEPS CONCRETE WALL 8" PVC ROOF DRAIN IRRIGATION WELL SCOREBOARD SCOREBOARD 18.5'80.3'17.9'36.2'94 . 9 ' 18.7'7.9'39.0'37.9'37.3'17.8'61.0'6.6'6.8'6.6'6.6'6.6'6.6'6.6'27.8'34.5'27.9'4.3'10.6'53.2'40.1'39.3'13.9'86 . 7 ' MULTI-STORY MULTI-USE BUILDING CONCRETE CONCRETE FOUND5_8" IRON ROD & CAP STAMPED: 'LB 6674" FOUND5_8" IRON ROD & CAP STAMPED: 'LB 6674" FOUND5_8" IRON ROD & CAP STAMPED: 'LB 6674" FOUND 5_8" IRON ROD & CAP STAMPED: 'LB 6674" FOUND 5_8" IRON ROD & CAP STAMPED: 'LB 6674" FOUND 5_8" IRON ROD & CAP STAMPED: 'LB 6674" FOUND5_8" IRON ROD & CAP STAMPED: 'LB 6674" CONCRETE SIDEWALK COVERED CONCRETE CONCRETE COVERED 50.1' 50.1'20.7'20.7'PCN: 08-43-45-16-01-013-0060 INTERNATIONAL PENTECOSTAL CITY MISSION PRAYER CENTER OF FLORIDA 399 N.W. 17th AVENUE BOYNTON BEACH, FL PCN: 08-43-45-16-01-013-0020 BNW TRADING, INC. 1919 N. SEACREST BOULEVARD BOYNTON BEACH, FL (LESSED OUT) (LESSED OUT) N.W. 19th AVENUE - ABANDONED LESSED OUT FOR I-95 RIGHT OF WAY SCALE IN FEET 04080 S HYDWV BFP HYD wW w e e e e e e e e S S e WVWV WV WV HY De tv tv tvw HYD BUILDI N G SETBA CK 25' - 0"BUILDING SETBACK25' - 0"PROPERTY L INE PROPERTY LINEPROPERTY LINE PROPERTY LINE PROPERTY LINEPROPERTY LINE PROPERTY LINE PROPERTY LINENOT IN SCOPE NOT IN SCOPE NOT IN SCOPE NOT IN SCOPE SCOPE OF WORK MAIN PANEL 200 AMP BREAKER FOR SUB PANEL "A" COPYRIGHT NOTICE 2024, ALL IDEAS, DESIGNS, ARRANGEMENT AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE THE PROPERTY OF THIS OFFICE AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSONS, FIRM OR CORPORATION FOR ANY PURPOSE WITHOUT THE WRITTEN PERMISSION OF WEST ARCHITECTURE + DESIGN, LLC. MATTHEW F. WEST AR 93859 WEST ARCHITECTURE + DESIGN, LLC 820 NORTH 4TH. STREET LANTANA, FL 33462 561-588-2027 T 561-582-9419 F www.west-arch.com AA26001503 DATE: CONSULTANT: NUMBER: REVIEWED: REVISION: MANAGED: DRAWN:\\west-arch\Data\Architecture+Design\A+D - Projects\23 PROJECTS\A23-028 - Hester Park - Airnasium\03-Construction Documents\A23-028 - Hester Park - Airnasium.rvtAS-1.00 HESTER PARK AIRNASIUM 1901 N. SEACREST BLVD. BOYNTON BEACH, FLORIDA 33435 A23-028 05-13-24 OVERALL SITE PLAN RENOVATION FOR SP PG MW 1" = 60'-0"AS-1.00 1OVERALL SITE PLAN N 0 60'120'30' 960 BUILDING SETBACK25' - 0"PROPERTY L INE PROPERTY LINE BUILDI N G S E T B A C K25' - 0"BUILDI N G S E T B A C K 25' - 0" EXISTING PLAYGROUNDEXISTING CONCRETE TENNIS COURTS EXISTING CONCRETE RACQUETBALL COURTS EXISTING CONCRETE BASKETBALL COURTS EXISTING SHADE STRUCTURE EXISTING SPORT LIGHTING EXISTING SPORT LIGHTING EXISTING SPORT LIGHTING EXISTING SPORT LIGHTING EXISTING SPORT LIGHTING EXISTING SPORT LIGHTING EXISTING SPORT LIGHTING EXISTING SPORT LIGHTING EXISTING CHAIN LINK FENCE (TYP) EXISTING CHAIN LINK FENCE (TYP)EXIST ING S IDEWALK EXISTING SIDEWALK E X I S T I NG S I D EW A L K EXISTING SIDEWALK EXISTING WALKWAY LIGHT POLES EXISTING WALKWAY LIGHT POLES EXISTING WALKWAY LIGHT POLES EXISTING WALKWAY LIGHT POLES EXISTING WALKWAY LIGHT POLES EXISTING CHAIN LINK GATE EXISTING CHAIN LINK GATE NEW (116' X 152') OPEN PRE- ENGINEERED METAL BUILDING EXISTING 400 AMP ELECTRICAL SUB PANEL "A" INSIDE THE BUILDING EXISTING LIGHT CONTROLS PANEL INSIDE THE BUILDING (TENNIS COURTS, RACQUETBALL COURTS, BASKETBALL COURTS, AND WALKWAY LIGHTS) 152' - 0"116' - 0"25' - 6"3' - 0"158' - 4"87' - 2"BUILDING EXIT #2 BUILDING EXIT #1 TRAVEL DISTANCE: BUILDING EXIT #1 = 158' - 4" BUILDING EXIT #2 = 87' - 2" SCOPE OF WORK EXISTING WALKWAYEXISTING ONE STORY BUILDING (RESTROOM) EXISTING TREES DISTANCE TO NEW AIRNASIUM BUILDING'S FOUNDATIONS TO BE EVALUATED TO AVOID CONFLICTS (TO BE COORDINATED BY OWNER WITH GC) EXISTING WALKWAY LIGHT POLES NEW SIDEWALK SCOPE TO BE DETERMINED BY GC AFTER EXCAVATION & DEMOLITION SCOPE OF WORK FOR THE NEW BUILDING FOUNDATIONS ARE COMPLETED NEW SIDEWALK SCOPE TO BE DETERMINED BY GC AFTER EXCAVATION & DEMOLITION SCOPE OF WORK FOR THE NEW BUILDING FOUNDATIONS ARE COMPLETED NEW STORM DRAINAGE 8" PVC PIPE @ 1% SLOPE NEW STORM DRAINAGE 8" PVC PIPE @ 1% SLOPE YARD DRAIN SITE PLAN NOTES: 1. 2. 3. COORDINATE WITH MEP FOR SYSTEMS LOCATIONS AND DETAILS. ALL SIDEWALKS, CURBS, AND ROADWAY DRAINAGE DAMAGED DURING CONSTRUCTION SHALL BE REPAIRED IN CONFORMANCE WITH THE LAND DEVELOPMENT REGULATIONS. EXTREME CAUTION MUST BE EXERCISED BEFORE AN EXCAVATION TAKES PLACE ON OR NEAR THIS SITE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICES AND/OR RELOCATION OF LINES. SITE DATA CITY OF BOYNTON BEACH BOYNTON BEACH CODE OF ORDINANCE ZONING / LAND USE FUTURE LAND USE: A.MIN. LOT SIZE B. MIN. WIDTH C.MAX LOT COVERAGE LANDSCAPE LANDSCAPE BUILDING SETBACKS MIN. BUILDING SETBACKS ( REC ) RECREATIONAL (R) RECREATIONAL REQUIRED PROVIDED 43,560 SF 100 FT. 50 % FRONT SIDE, INTERIOR SIDE, INTERIOR REAR ALLOWED PROVIDED 25 FT 25 FT 25 FT 25 FT 1,036,728.00 SF A.MIN. % OF OPEN SPACE 0% BUILDINGS OR STRUCTURES ABUTTING ROADWAYS. A LANDSCAPE STRIP OF VARYING WIDTH SHALL BE REQUIRED WHERE BUILDING(S), PEDESTRIAN AREAS, AND/OR SIDEWALKS ABUT ANY CLASSIFICATION OF ROADWAY. THIS NECESSARY PLANTING STRIP SHALL CONSIST OF TREES, SPACED A MAXIMUM OF THIRTY (30) FEET APART, AND SHRUBS AND COLORFUL GROUND COVER INSTALLED AT THE BASE. 1,224.9 FT. 45' REQUIRED PROVIDED ALLOWED PROVIDED MAX BUILDING HEIGHT (M.C LANTANA, FL - SECTION 10.5-41.1) (BB CODE OF ORDINANCE, PART III, CHP 3, ART. III, SEC 7) (BB CODE OF ORDINANCE, PART III, CHP 3, ART. III, SEC 7) (518,364.00 SF) 25' 25'-6" 400'-0" 991'-0" (1) THE NEW AIRNASIUM ROOF WILL ADD 1,110.00 SF OF IMPERVIOUS AREA, WHICH REPRESENTS A 0.0016% OF THE TOTAL AREA OF THE SITE (1,036,728.00 SF) (2) OPEN SPACE: A REQUIRED EXTERIOR OPEN AREA CLEAR FROM THE GROUND TO THE SKY DEVOID OF RESIDENTIAL AND COMMERCIAL BUILDINGS, AND ACCESSORY STRUCTURES. AS PER BOYNTON BEACH LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE II. THE REQUIREMENT FOR MINIMUM PERCENT OF OPEN SPACE IS 0%. THE NEW STRUCTURE WILL REDUCE THE OPEN SPACE BY 17,500.00 SF, WHICH REPRESENTS A 0.17% OF THE TOTAL AREA OF THE SITE (1,036,728.00 SF) (3) NO CHANGE FROM CURRENT CONFIGURATION OR CALCULATIONS. NOTE 185'-0" EXIST. + 0.0016%(1) N/A(2) TOTAL LOT AREA 1,036,728.00 SF 23.8176 ACRES PARKING CALCULATIONS (BB CODE OF ORDINANCE, PART III, CHP. 4, ART. V, SEC. 2 - TABLE 4.19) N/A(3) BUILDING DATA FLORIDA BUILDING CODE 2023 8TH EDITION OCCUPANCY CLASSIFICATION (CHAPTER 3)A-5 ASSEMBLY TYPE OF CONSTRUCTION (CHAPTER 6)TYPE V (B) (UNSPRINKLERED) MEANS OF EGRESS (CHAPTER 10) ALLOWABLE PROVIDED OCCUPANT LOAD (SECTION 1004, TABLE 1004.5) MINIMUM CLEAR OPENING OF EXIT DOORS (SECTION 1010.1.1)OPEN SPACE32 IN. 158'-4"EXIT ACCESS TRAVEL DISTANCE (TABLE 1017.2)200 FT. N/ADEAD ENDS (SECTION 1020.5)N/A N/ACOMMON PATH OF EGRESS (TABLE 1006.2.1) 75 FT. N/A1MINIMUM NUMBER OF EXITS (TABLE 1006.3.2)N/A1 - TOTAL OCCUPANT LOAD 1,167 ASSEMBLY (A-5) - (1/15 NET. 17,500/15 = 1,167)1,167 N/A2 (1) THE BUILDING IS OPEN IN ALL DIRECTIONS. (2) THE OCCUPANT LOAD IS THE MAXIMUM PROBABLE NUMBER OF OCCUPANTS PRESENT AT ANY TIME. FIRE RESISTANCE RATINGS FOR BUILDING ELEMENTS (TABLE 601) PRIMARY STRUCTURAL FRAME ALLOWED PROVIDED BEARING WALLS EXTERIOR INTERIOR INCLUDING COLUMNS, GIRDERS, TRUSSES 0 HR NONBEARING WALLS AND PARTITIONS INTERIOR - CORRIDORS FLOOR CONSTRUCTION AND ASSOCIATED SECONDARY MEMBERS ROOF CONSTRUCTION AND ASSOCIATED SECONDARY MEMBERS 0 HR 0 HR 1 HR 0 HR 0 HR 0 HR N/A N/A N/A 0 HR 0 HR EXTERIOR (TABLE 602)SEE (TABLE 602)SEE (TABLE 602) 0 HR 0 HR ALLOWED MAX. NO. STORIES UNLIMITED AREA: MULTISTORY (CHAP. 5, TABLE 506, SEC. 506)UNLIMITED AREA: ONE STORY UNLIMITED PROVIDED 1 N/A MAXIMUM HEIGHT IN FEET (TABLE 504.3a, SECTION 504)40 FT 25 FT 17,500 SF MIXED USE AND OCCUPANCY (SECTION 508) ALLOWED PROVIDEDREQUIRED SEPARATION OF OCCUPANCIES SEPARATED OCCUPANCIES (SECTION 508.2)N/A N/A N/A = NOT APPLICABLE. (TABLE 504.4, SECTION 504) (CHAP. 5, TABLE 506, SEC. 506) LIFE SAFETY CODE: FLORIDA FIRE PREVENTION CODE, 8TH EDITION (2023) NFPA 101. LIFE SAFETY CODE, 2021 EDITION OCCUPANCY CLASSIFICATION MEANS OF EGRESS (CHAPTER 7) ALLOWABLE PROVIDED ARRANGEMENT OF MEANS OF EGRESS (SECTION 7.5)* SEE PLAN- DEAD END (12.2.5.3) TOTAL OCCUPANT LOAD (CHAPTER 6) NA COMMON PATH OF TRAVEL (12.2.5.2) MAXIMUM TRAVEL DISTANCE TO EXITS (12.2.6.2) NOTE: *NA = NOT APPLICABLE. THE OCCUPANT LOAD IS THE MAXIMUM PROBABLE NUMBER OF OCCUPANTS PRESENT AT ANY TIME. 1,167 ASSEMBLY N/A20 FT. ASSEMBLY 20 FT. ASSEMBLY 200 FT.(158'-4")* N/A ASSEMBLY 17,500 SF OCCUPANT LOAD (TABLE 7.3.1.2) ASSEMBLY 17,500 SF / 15 NET 1,167 MINIMUM WIDTH PER OCCUPANT SERVED ( 0.2 X 1,167 ) = 233.4 IN. PER STAIRS PER LEVEL 354 IN. NUMBER OF MEANS OF EGRESS (SECTION 7.4) 233.4 IN. N/AN/A (SECTION 7.3.3.1) (SECTION 7.3.3.1) N/A N/A REQUIRED SEPARATION OF OCCUPANCIES (TABLE 6.1.14.4.1(a) &( b)N/AN/A ALLOWABLE PROVIDED 1" = 20'-0"AS-1.01 1SITE PLAN ENLARGEMENT COPYRIGHT NOTICE 2024, ALL IDEAS, DESIGNS, ARRANGEMENT AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE THE PROPERTY OF THIS OFFICE AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSONS, FIRM OR CORPORATION FOR ANY PURPOSE WITHOUT THE WRITTEN PERMISSION OF WEST ARCHITECTURE + DESIGN, LLC. MATTHEW F. WEST AR 93859 WEST ARCHITECTURE + DESIGN, LLC 820 NORTH 4TH. STREET LANTANA, FL 33462 561-588-2027 T 561-582-9419 F www.west-arch.com AA26001503 DATE: CONSULTANT: NUMBER: REVIEWED: REVISION: MANAGED: DRAWN:\\west-arch\Data\Architecture+Design\A+D - Projects\23 PROJECTS\A23-028 - Hester Park - Airnasium\03-Construction Documents\A23-028 - Hester Park - Airnasium.rvtAS-1.01 HESTER PARK AIRNASIUM 1901 N. SEACREST BLVD. BOYNTON BEACH, FLORIDA 33435 A23-028 05-13-24 SITE PLAN ENLARGEMENT RENOVATION FOR SP PG MW N 1" = 300'-0"AS-1.01 2 KEY PLAN N 0 20'40'10' 961 A-2.00A A 1 2 3 BCD E F 30' - 0"30' - 0"30' - 0"30' - 0"32' - 0" 152' - 0"58' - 0"10' - 0"48' - 0"116' - 0"BUILDI N G SET B A C K 25' - 0"58' - 0"10' - 0"48' - 0"5 7 ' - 8 " 10' - 5"50' - 4"14' - 0"50' - 4"10' - 7"17' - 4"80' - 4"18' - 4"A-2.00 C A-2.00B A-2.00 D ROOF OVE R HA N G3' - 0"1.9 EXISTING CONCRETE BASKETBALL COURTS EXISTING BASKETBALL HOOPS (TYP) EXISTING BASKETBALL COURTS STRIPES (TYP) EXISTING BLEACHERS TO BE REMOVED AND RE-INSTALLED EXISTING BLEACHERS TO BE REMOVED AND RE-INSTALLED EXISTING BLEACHERS TO BE REMOVED AND RE-INSTALLED PATCH, REPAIR, OR INFILL ANY PORTION OF EXISTING/REINFORCED CONCRETE SLAB. MATCH EXISTING SLAB ELEVATION (TYP) EXISTING CHAIN LINK FENCE (TYP) PRO P E R T Y L I N E PATCH, REPAIR, OR INFILL ANY PORTION OF EXISTING/REINFORCED CONCRETE SLAB. MATCH EXISTING SLAB ELEVATION (TYP) PATCH, REPAIR, OR INFILL ANY PORTION OF EXISTING/REINFORCED CONCRETE SLAB. MATCH EXISTING SLAB ELEVATION (TYP) PATCH, REPAIR, OR INFILL ANY PORTION OF EXISTING/REINFORCED CONCRETE SLAB. MATCH EXISTING SLAB ELEVATION (TYP) PATCH, REPAIR, OR INFILL ANY PORTION OF EXISTING/REINFORCED CONCRETE SLAB. MATCH EXISTING SLAB ELEVATION (TYP)EXISTING WALKWAYE X I S T I NG S I D EW A L K NEW PRE-ENGINEERED METAL BUILDING COLUMN. CONTRACTOR TO COORDINATE WITH STRUCTURAL DRAWINGS AND PRE-ENGINEERED METAL COMPANY (TYP) NEW DOWNSPOUT AND GUTTER ABOVE (TYP) NEW ROOF EDGE ABOVE NEW ROOF EDGE ABOVE NEW ROOF EDGE ABOVE NEW ROOF EDGE ABOVE NEW ROOF EDGE ABOVE2' - 2"NEW CONCRETE FOUNDATIONS FOR PRE-ENGINEERED METAL BUILDING (TYP) REFER TO STRUCTURAL DRAWINGS NEW 10' HIGH CHAIN LINK FENCE. REFER TO DETAILS ON SHEET A-4.00 NEW 10' HIGH CHAIN LINK FENCE. REFER TO DETAILS ON SHEET A-4.00 NEW 10' HIGH CHAIN LINK FENCE. REFER TO DETAILS ON SHEET A-4.00 NEW 10' HIGH CHAIN LINK FENCE. REFER TO DETAILS ON SHEET A-4.00 NEW CONCRETE FOUNDATIONS FOR PRE- ENGINEERED METAL BUILDING (TYP) REFER TO STRUCTURAL DRAWINGS NEW CONCRETE FOUNDATIONS FOR PRE- ENGINEERED METAL BUILDING (TYP) REFER TO STRUCTURAL DRAWINGS EXISTING BASKETBALL COURT TO BE RE- SURFACED & RE-PAINTED ONCE NEW AIRNASIUM STRUCTURE IS IN PLACE. INSTALL PLEXIPAVE HARDCOURT (LIGHT BLUE) (WHITE LINES) AS PER MANUFACTURER RECOMMENDATIONS 2 A-3.00 1 A-3.00 A-2.00 2A1 5' - 8" 6' - 2" 12' - 0"12' - 0"(TYP)(TYP)9' - 1" 3-SIDE SAFETY PADS SHALL BE INSTALLED AT COLUMNS 3-SIDE SAFETY PADS SHALL BE INSTALLED AT COLUMNS 3-SIDE SAFETY PADS SHALL BE INSTALLED AT COLUMNS 3-SIDE SAFETY PADS SHALL BE INSTALLED AT COLUMNS EXISTING GOAL POSTS TO BE RE-PAINTED TO MATCH EXISTING COLOR (TYP) NEW METAL DOWNSPOUT AT EACH COLUMN. CONNECT TO EXISTING STORMWATER SYSTEM. CONTRACTOR TO COORDINATE (TYP) EXISTING TREES DISTANCE TO NEW AIRNASIUM BUILDING'S FOUNDATIONS TO BE EVALUATED TO AVOID CONFLICTS (TO BE COORDINATED BY OWNER WITH GC) NEW CONCRETE FOUNDATIONS FOR PRE-ENGINEERED METAL BUILDING (TYP) REFER TO STRUCTURAL DRAWINGSNEW DOWNSPOUT AND GUTTER ABOVE WITH SPLASH PAD AT GRADE LEVEL NEW 10' HIGH CHAIN LINK FENCE. REFER TO DETAILS ON SHEET A-4.00 EXISTING CHAIN LINK FENCE (TYP) NEW DOWNSPOUT AND GUTTER ABOVE WITH SPLASH PAD AT GRADE LEVEL NEW DOWNSPOUT AND GUTTER ABOVE WITH SPLASH PAD AT GRADE LEVEL EXISTING ONE STORY BUILDING (RESTROOM) EXISTING SHADE STRUCTURE NEW STORM DRAINAGE 8" PVC PIPE @ 1% SLOPE PROPOSED CLEAN OUT, INVERT = 16.78 (V.I.F.) 0' - 0"18' - 11"0' - 0"18' - 40" 0' - 0"17' - 11"0' - 0"17' - 11" PROPOSED CLEAN OUT, INVERT = 16.94 (V.I.F.) NEW STORM DRAINAGE 8" PVC PIPE @ 1% SLOPE 10' - 0" YARD DRAIN INVERT = 15.03 (V.I.F.) SEE TYPICAL YARD DRAIN DETAIL D-1 FROM BOYNTON BEACH ENGINEERING STANDARD DETAILS PROPOSED CLEAN OUT, INVERT = 16.41 (V.I.F.) PROPOSED CLEAN OUT, INVERT = 16.11 (V.I.F.) PROPOSED CLEAN OUT, INVERT = 15.78 (V.I.F.) PROPOSED CLEAN OUT, INVERT = 15.41(V.I.F.) PROPOSED CLEAN OUT, INVERT = 15.11 (V.I.F.) NEW 10' HIGH CHAIN LINK FENCE. REFER TO DETAILS ON SHEET A-4.00 EXISTING CHAIN LINK FENCE (TYP) NEW 10' HIGH CHAIN LINK FENCE. REFER TO DETAILS ON SHEET A-4.00 EXISTING CHAIN LINK FENCE (TYP) NEW 10' HIGH CHAIN LINK FENCE. REFER TO DETAILS ON SHEET A-4.00 NEW 4" CONCRETE SLAB AS REQUIRED AROUND DOWNSPOUT TRANSITION TO STORM DRAINAGE PIPE FOR PROTECTION PLAN NOTES: 1. 2. ALL NEW COURT CONCRETE SLAB, NEW CONCRETE SIDEWALKS, NEW CHAIN LINK FENCE, SHALL BE DETERMINED BY GC BASED ON LIMITS OF DEMOLITION. NEW CHAIN LINK FENCE FINISH, COLOR, AND HEIGHT SHALL MATCH EXISTING FENCE. GC TO PROVIDE SHOP DRAWINGS FOR OWNER & ARCHITECT'S APPROVAL. COPYRIGHT NOTICE 2024, ALL IDEAS, DESIGNS, ARRANGEMENT AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE THE PROPERTY OF THIS OFFICE AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSONS, FIRM OR CORPORATION FOR ANY PURPOSE WITHOUT THE WRITTEN PERMISSION OF WEST ARCHITECTURE + DESIGN, LLC. MATTHEW F. WEST AR 93859 WEST ARCHITECTURE + DESIGN, LLC 820 NORTH 4TH. STREET LANTANA, FL 33462 561-588-2027 T 561-582-9419 F www.west-arch.com AA26001503 DATE: CONSULTANT: NUMBER: REVIEWED: REVISION: MANAGED: DRAWN:\\west-arch\Data\Architecture+Design\A+D - Projects\23 PROJECTS\A23-028 - Hester Park - Airnasium\03-Construction Documents\A23-028 - Hester Park - Airnasium.rvtA-1.00 HESTER PARK AIRNASIUM 1901 N. SEACREST BLVD. BOYNTON BEACH, FLORIDA 33435 A23-028 05-13-24 FLOOR PLAN RENOVATION FOR SP PG MW 1/8" = 1'-0"A-1.00 1FLOOR PLAN N 1" = 300'-0"A-1.00 2 KEY PLAN N 4'0 8'16' 1" = 1'-0"A-1.00 3 TYPICAL YARD DRAIN 962 FLOOR FINISH ELEVATION 0' - 0" EAVE ELEVATION20' - 0" 123 1" / 1'-0" 1.9 6' - 0"14' - 0"17' - 0"3' - 0"7 1 4 8 5 6 7 1 3 5 EXISTING FENCE TO REMAIN NEW CONCRETE FOOTINGS. REFER TO STRUCTURAL DRAWINGS EXISTING BASKETBALL HOOPS TO REMAIN ROOF RIDGE25' - 8"1" / 1'-0" 1 A-3.00 NEW CONCRETE FOOTINGS. REFER TO STRUCTURAL DRAWINGS FLOOR FINISH ELEVATION0' - 0" EAVE ELEVATION20' - 0" ABCD E F 7 1 3 5 EXISTING FENCE TO REMAIN NEW CONCRETE FOOTINGS. REFER TO STRUCTURAL DRAWINGS 2 7 1 3 5 2 7 6 EXISTING GOAL POSTS TO BE RE-PAINTED TO MATCH EXISTING COLOR (S.W. RAL BLUE - A88T01154) (TYP) 6EXISTING BLEACHERS TO BE REMOVED AND RE-INSTALLED ROOF RIDGE 25' - 8" 2 A-3.00 5' - 8"20' - 0"25' - 8"1%1 % NEW STORM DRAINAGE 8" PVC PIPE @ 1% SLOPE FLOOR FINISH ELEVATION0' - 0" EAVE ELEVATION20' - 0" 12 3 1" / 1'-0"1" / 1'-0" 1.9 7 1 3 8 5 7 1 3 5 EXISTING FENCE TO REMAIN NEW CONCRETE FOOTINGS. REFER TO STRUCTURAL DRAWINGS EXISTING BASKETBALL HOOPS TO REMAIN EXISTING BLEACHERS TO BE REMOVED AND RE-INSTALLED ROOF RIDGE 25' - 8" 1 A-3.00 5' - 8"3' - 0"17' - 0"25' - 8"EXISTING GOAL POSTS TO BE RE-PAINTED TO MATCH EXISTING COLOR (S.W. RAL BLUE - A88T01154) (TYP) NEW CONCRETE FOOTINGS. REFER TO STRUCTURAL DRAWINGS FLOOR FINISH ELEVATION0' - 0" EAVE ELEVATION 20' - 0" ABCDEF 7 1 3 5 EXISTING FENCE TO REMAIN NEW CONCRETE FOOTINGS. REFER TO STRUCTURAL DRAWINGS 2 66 7 7 1 4 5 2 8 ROOF RIDGE25' - 8" 2 A-3.00 14' - 0"6' - 0"5' - 8"25' - 8"FINISH MATERIAL LEGEND MARK DESCRIPTION NAME / MANUF. / FINISH 1 3 5 6 7 8 STRUCTURAL MEMBERS PRIMARY & SECONDARY FRAMING WALL PANEL SYSTEM PANELS (DESIGNTM SERIES) WALL PANEL SYSTEM PANELS (DESIGNTM SERIES) METAL FASCIA TRIM SHERWIN WILLIAMS (SW 7006 EXTRA WHITE 1) CHAIN LINK FENCE 4 METAL GUTTERS & DOWNSPOUTS SHERWIN WILLIAMS (SW 7006 EXTRA WHITE 1) VINYL COATED BLACK SHERWIN WILLIAM (LIGHT GRAY METAL PAINT 1) STAR BUILDING SYSTEMS (SOLAR WHITE 1 2) 2 STANDING SEAM METAL ROOF PANELS (SUPERLOK) STAR BUILDING SYSTEMS (PACIFIC BLUE 1 2) STAR BUILDING SYSTEMS (PACIFIC BLUE 1 2) SIGN LETTERS AMERICAN INTERSTATE SIGNCRAFTERS 1 - ALL STRUCTURE / PANELS/ METAL TRIMS SHALL BE PAINTED WITH METAL PAINT (SHERWIN WILLIAM OR APPROVED EQUAL) 2 - COLORS SHOULD BE AS SELECTED BY THE OWNER/ARCHITECT FROM MANUFACTURES FULL RANGE OF COLORS (INCLUDING CUSTOM COLORS) TO MATCH OWNERS SAMPLE (S.W RAL BLUE – A88T01154) FLOOR FINISH ELEVATION 0' - 0" EAVE ELEVATION20' - 0" ROOF RIDGE25' - 8" (126' BUILDING FRONTAGE * 1.5 SF) 189 SF OF ALLOWED SIGN AREA AS PER THE BOYNTON BEACH LAND DEVELOPMENT REGULATION CHAPTER 4, ARTICLE IV, SECTION 4. C.1.B TABLE 4-14 A-2.00 1 2' - 0"1' - 0"1' - 6"(126' BUILDING FRONTAGE * 1.5 SF) 189 SF OF ALLOWED SIGN AREA AS PER THE BOYNTON BEACH LAND DEVELOPMENT REGULATION CHAPTER 4, ARTICLE IV, SECTION 4. C.1.B TABLE 4-14 0.080 THICKNESS ALUMINUM LETTERS PAINTED TO MATCH S.W. RAL BLUE (A88T01154) SIGN CONTRACTOR TO COORDINATE INSTALLATION. SIGN LETTERS TO BE BACK LIT. FONT STYLE TO BE ARIAL 1. 2. COORDINATE WITH STAR BUILDING SYSTEMS PRE-FABRICATED METAL BUILDING MANUFACTURER TO PREPARE SHOP DRAWINGS. ALL SPECIFIED FINISHES ARE "OR APPROVED EQUAL". CONTRACTOR TO SUBMIT TO OWNER FOR APPROVAL. EXTERIOR ELEVATION NOTES COPYRIGHT NOTICE 2024, ALL IDEAS, DESIGNS, ARRANGEMENT AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE THE PROPERTY OF THIS OFFICE AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSONS, FIRM OR CORPORATION FOR ANY PURPOSE WITHOUT THE WRITTEN PERMISSION OF WEST ARCHITECTURE + DESIGN, LLC. MATTHEW F. WEST AR 93859 WEST ARCHITECTURE + DESIGN, LLC 820 NORTH 4TH. STREET LANTANA, FL 33462 561-588-2027 T 561-582-9419 F www.west-arch.com AA26001503 DATE: CONSULTANT: NUMBER: REVIEWED: REVISION: MANAGED: DRAWN:\\west-arch\Data\Architecture+Design\A+D - Projects\23 PROJECTS\A23-028 - Hester Park - Airnasium\03-Construction Documents\A23-028 - Hester Park - Airnasium.rvtA-2.00 HESTER PARK AIRNASIUM 1901 N. SEACREST BLVD. BOYNTON BEACH, FLORIDA 33435 A23-028 05-13-24 EXTERIOR ELEVATIONS RENOVATION FOR SP PG MW 1/8" = 1'-0"A-2.00 AEAST ELEVATION 1/8" = 1'-0"A-2.00 CSOUTH ELEVATION 1/8" = 1'-0"A-2.00 BWEST ELEVATION 1/8" = 1'-0"A-2.00 DNORTH ELEVATION 1/8" = 1'-0"A-2.00 A1 SIGN ELEVATION (NORTHEAST) 1/4" = 1'-0"A-2.00 1 SIGN ELEVATION ENLARGEMENT 963 ROOF RI D G E 25' - 8" COPYRIGHT NOTICE 2024, ALL IDEAS, DESIGNS, ARRANGEMENT AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE THE PROPERTY OF THIS OFFICE AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSONS, FIRM OR CORPORATION FOR ANY PURPOSE WITHOUT THE WRITTEN PERMISSION OF WEST ARCHITECTURE + DESIGN, LLC. MATTHEW F. WEST AR 93859 WEST ARCHITECTURE + DESIGN, LLC 820 NORTH 4TH. STREET LANTANA, FL 33462 561-588-2027 T 561-582-9419 F www.west-arch.com AA26001503 DATE: CONSULTANT: NUMBER: REVIEWED: REVISION: MANAGED: DRAWN:\\west-arch\Data\Architecture+Design\A+D - Projects\23 PROJECTS\A23-028 - Hester Park - Airnasium\03-Construction Documents\A23-028 - Hester Park - Airnasium.rvtA-5.00 HESTER PARK AIRNASIUM 1901 N. SEACREST BLVD. BOYNTON BEACH, FLORIDA 33435 A23-028 05-13-24 ISOMETRIC & PERSPECTIVE VIEWS RENOVATION FOR SP PG MWA-5.00 1ISOMETRIC VIEW A-5.00 2PERSPECTIVE VIEW 964 Scale: 1 inch = 15 Ft. COPYRIGHT NOTICE 2024, ALL IDEAS, DESIGNS, ARRANGEMENT AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE THE PROPERTY OF THIS OFFICE AND WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF THE IDEAS, DESIGN, ARRANGEMENTS OR PLANS SHALL BE USED BY OR DISCLOSED TO ANY PERSONS, FIRM OR CORPORATION FOR ANY PURPOSE WITHOUT THE WRITTEN PERMISSION OF WEST ARCHITECTURE + DESIGN, LLC. MATTHEW F. WEST AR 93859 WEST ARCHITECTURE + DESIGN, LLC 820 NORTH 4TH. STREET LANTANA, FL 33462 561-588-2027 T 561-582-9419 F www.west-arch.com AA26001503 DATE: CONSULTANT: NUMBER: REVIEWED: REVISION: MANAGED: DRAWN:\\west-arch\Data\Architecture+Design\A+D - Projects\23 PROJECTS\A23-028 - Hester Park - Airnasium\03-Construction Documents\A23-028 - Hester Park - Airnasium.rvtPH-1.00 HESTER PARK AIRNASIUM 1901 N. SEACREST BLVD. BOYNTON BEACH, FLORIDA 33435 A23-028 05-13-24 PHOTOMETRIC PLAN RENOVATION FOR SP PG MW 1 07-26-24 BUILDING DEPARTMENT COMMENTS 1 965 S:\Planning\SHARED\WP\PROJECTS\Hester Park Airnasium (MSPM 2024.06.52187)\Exhibits\Exhibit D - Conditions of Approval.doc EXHIBIT “D” Conditions of Approval Project Name: Hester Park Airnasium File number: MSPM-2024.06.52187 Reference: 2nd review of plans identified as a Major Site Plan Modification submitted on July 29, 2024. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. The application request must be publicly advertised in accordance with Ordinances 04-007 and 05-004. An affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning two (2) weeks prior to the first public hearing X 2. Revisions to the approved plans that substantially change the site design may require an approved Site Plan Modification application prior to permitting. X CITY COMMISSION CONDITIONS Comments: TBD 966 Ezell Hester Park Proposed Airnasium for Community Sportsplex 967 Project Overview •What is an Airnsaium? An Airnasium is a state-of-the-art open-air steel structure designed to provide shade and shelter that gives a versatile space for recreational activities. •Location: 1901 N Seacrest Blvd The Airnasium will be located at Ezell Hester Park. The location is easily accessible for local residents and approximately 200ft from the nearest bus stop for visitors. •Request Major Site Plan Modification (MSPM-2024.06.52187) approval of an approximately 17,500 square-foot Airnasium over the existing basketball courts at Ezell Hester Jr. Community Park Site Location/Aerial 968 Isometric and Prospective View •Approximately 17,500 SF. •Insulated roof to mitigate heat •LED fixtures for adequate lighting and energy savings •Backlit Park Sign Airnasium Benefits •Year-round Comfort •Durability and Low Maintenance •Ideal for sports facilities and community gatherings •Can enhance the quality of life for individuals and the community. •Option to add Solar Panels for future energy savings. Airnasium Design Features 969 Site Improvements • BASKETBALL COURTS •Removal/replace existing courts as necessary to accommodate the new structure •Construct a new pre-engineered metal,clear span structure Airnasium. •Re-stripe and re-surface existing basketball courts. • SIGNAGE •New backlit wall mounted sign on the exterior of the building with the park name • SITE LIGHTING •Site lighting will include the new circular high bay ceiling lights and walk way lighting on the exterior of the building. Project Scope • The project involves the construction of a new Airnasium building of approximately 17,500 SF Project Costs • Estimated 1.7M • Grant Funding : To Be Determined Project Timeline • Anticipated Project Start Up Oct. ’24 • Anticipated Project Completion – June ‘25 970 CONCLUSION Request •Major Site Plan Modification (MSPM-2024.06.52187) approval of an approximately 17,500 square-foot Airnasium over the existing basketball courts at Ezell Hester Jr. Community Park Benefit • The new Airnasium over the basketball courts will provide shade/shelter year round and will be ideal for sports events and community gatherings. 971 THANK YOU & QUESTIONS 972 City of Boynton Beach Agenda Item Request Form 9.A City Manager’s Report 09/23/2024 Meeting Date: 09/23/2024 Receive update on the status of future agenda items. Requested Action: In order to provide the City Commission and public up to date information with respect to future agenda items, staff have initiated a tracking sheet for all future agenda items. Attached is the updated tracking sheet as of September 17th, 2024. Explanation of Request: In order to provide the City Commission and public up to date information with respect to future agenda items, staff have initiated a tracking sheet for all future agenda items. Attached is the updated tracking sheet as of August 13th, 2024. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Future Agenda Status Update_092324.pdf 973 Future Item(s)Description Requested By:Department Employee Status Date on CC agenda -Overview and Discussion of Draft cleanliness plan Mayor Penserga.Public Works Kevin Ramsey Staff initially created a beautification plan and after receiving feedback from the Mayor transitioned to a Cleanliness Plan. Staff met with the Mayor on 7/19/24 and are in the process of finalizing a draft cleanliness plan for review and discussion by City Commission. September 23, 2024 A Discussion regarding adding a Sister City from Ireland.Vice Mayor Kelley.City Clerk Maylee De Jesus City Clerk has spoke to sister cities and this items is set for discussion.October 1, 2024 B Update on upgrades to water treatment plants to meet future drinking water regulations. Mayor Penserga.Utilities Poonam Kalkat Staff met with the Mayor, and the City has an open solicitation to hire a consultant to evaluate treatment options for emerging contaminants and other known future drinking water regulations. Staff anticipates a consultant to be on board in the next month and will work with the consultant to provide information to the Commission in October. October 15, 2024 C Discussion regarding Artificial Turf Ordinance.Commissioner Turkin.Planning & Development Amanda Radigan Staff contacted Commissioner via email on 7/24/24. A meeting to discuss was held on 8/13.October 15, 2024 D Discussion regarding Rapid Re- housing Program.Mayor Penserga.City Manager Candace Walls RJ had a preliminary meeting with Mayor Penserga. Staff needs an additional meeting with Mayor to discuss this item further. October 15, 2024 E Discussion regarding additional digital signs.Commissioner Hay.Public Affairs Dani Moschella In the process of mapping optimal locations for additional digital signs, as well as identifying a vendor to create and install new signage. Will keep the City Commission updated on progress and will schedule a presentation when vendor is located. Time estimate: 2-3 months. November 4, 2024 F Discussion regarding City entry way signage.Mayor Penserga.Public Affairs Dani Moschella Staff have begun preliminary mapping of existing city signage, identifying signs that require refurbishment or repair, as well as possible location for new welcome or locator signage. Met with planner John Stout regarding public art component of project and GIS analyst Jennifer Marangos about mapping. Will schedule meeting with Mayor Penserga when initial phase is complete. Meeting ETA: 1 month. Project ETA: 6 months November 4, 2024 G Discussion regarding Procurement Policies and Procedures, including local business preference. Mayor Penserga and Com. Cruz.Finance Peter Kajokas The City recently hired a new Division Director of Procurement which is expected to start on September 16, 2024. Once the employee is on board, staff will begin working on an updated policy. December 3, 2024 H Discussion regarding combining City properties together to create senior affordable housing . Mayor Penserga.Planning & Development Amanda Radigan Staff contacted Mayor via email on 7/24/24. He requested to meet with staff to further discuss. Meeting was set 7/26, however the mayor needed to reschedule. Pending meeting coordination. Reached out to Mayor again on 8/9 and 9/4. Pending meeting coordination Pending meeting w/Mayor Penserga I Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community. Commissioner Cruz.Building Michael Baluyot On 9/9/24 Staff requested, via email, a meeting with Commissioner Cruz to discuss amendments to the flood ordinance. Awaiting a response. Pending meeting w/Commissioner Cruz J Discussion regarding Hazard Pay for Community Standards.Commissioner Cruz.Community Standards Candace Stone On September 17, 2024, I met with Commissioner Cruz and Lynn. We’ll have a follow-up meeting at the end of October, once the requested research is completed. Pending follow up meeting w/Commissioner Cruz K Discussion regarding requirements for Advisory Board Appointments. Vice Mayor Kelley.City Clerk Maylee De Jesus This item was transitioned from ACM Matos to City Clerk, staff left a voicemail with VM Kelley on 9/16 to to get up to speed on changes she would like to see. Pending meeting w/Vice Mayor Kelley 9/18/2024 1 of 1 974 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 09/23/2024 Meeting Date: 09/23/2024 Proposed Resolution No. R24-223- Ratification of FY 24-25 CRA Budget. Requested Action: Staff recommends approval of Proposed Resolution No. R24-223. Explanation of Request: The Community Redevelopment Agency is a Special District created by the City Commission. Florida Statutes require that the budget of special districts be contained within the general budget of the local governing authority and clearly stated as a budget of the dependent district. The Community Redevelopment Agency FY 2024-2025 budget was approved on September 10, 2024. The attached resolution completes the annual process of accepting and approving the CRA budget. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: R24-223 Agenda_Item_2154-2023_Resolution_for_CRA_Budget.docx Exhibit A to Resolution - Resolution No R24-02 Fully Executed with Budget Attached.pdf 975 RESOLUTION NO. R24-2231 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, RATIFYING THE 2024-20254 ANNUAL BUDGET FOR THE BOYNTON BEACH COMMUNITY 5 REDEVELOPMENT AGENCY; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the Boynton Beach Community Redevelopment Agency was created by 8 Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The Redevelopment 9 Agency has been designated a Florida Special District; and10 WHEREAS, Florida Statutes 189.016 provides that the proposed budget of a dependent 11 special district must be contained within the general budget of the local governing authority to 12 which it is dependent and be clearly stated as the budget of the dependent district. However, with 13 the concurrence of the local governing authority, a dependent district may be budgeted 14 separately. The dependent district must provide any budget information requested by the local 15 governing authority at the time and place designated by the local governing authority; and16 WHEREAS, a local governing authority may, at its discretion, review the budget or tax levy 17 of any special district located solely within its boundaries; and18 WHEREAS, the Boynton Beach Community Redevelopment Agency’s Fiscal Year 2024-19 2025 budget was approved by the CRA Board on September 10, 2024, by Resolution No. R24-02; 20 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 ratify the adoption of the Boynton Beach 23 Community Redevelopment Agency’s 2024-2025 annual budget. 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 ratify the adoption of the Boynton Beach Community Redevelopment Agency’s 2024-2025 annual 31 budget, in form and substance similar to that attached as “Exhibit A.“32 976 SECTION 3.This Resolution shall take effect in accordance with law.33 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 977 RESOLUTION NO: R24-02 RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2024 TO SEPTEMBER 30, 2025, AND PROVIDING AN EFFECTIVE DATE. W I T N E SS E T H: WHEREAS, the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (BBCRA), in order to implement its Community Redevelopment Plan and provide for-its operating expenses, has prepared a Budget for the Fiscal Year beginning October 1, 2024, and ending September 30, 2025, attached hereto as Exhibit "I"; and WHEREAS, the Board has determined that said Budget is in the public's interest and is necessary to implement the BBCRA's goals and objectives. NOW, THEREFORE, BE IT RESOLVED THAT: 1.The Budget attached hereto as Exhibit "I" for financial operations of the Boynton Beach Community Redevelopment Agency for the period from October 1, 2024 through September 30, 2025 is hereby adopted. 2.This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of September, 2024. 00551570-1 BOYNTON BEACH COMMUNITY REDEVELOPMENT A NCY T.Pense ga ✓ A.Cruz ---;;;- W.Hay _.L_ T.Turkin ✓ A.Kelley � 978 F I S C A L Y E A R 2 0 2 4 -2 0 2 5 B U D G E T 979 CRA FUNDING/USES FY24/25 Tax Increment Revenue 24,279,354 Boynton Harbor Marina Fuel Dock & Slips Revenue 1,300,000 - - Total Revenue 25,579,354 Debt & Operating Expenses Debt Service 2,317,425 Operating Expenses 4,370,284 Approx. 18% of TIRFA Marina 1,300,000 Sub-Total Debt & Operating Expenses 7,987,709 Tax Increment Revenue Funding Agreement (TIRFA) Payments - Contractual Obligations Preserve (75% Yrs 1-5; 25% Yrs 6-10)Year 10►37,131 500 Ocean (75% Yrs 1-4; 50% Yrs 5-7; 25% Yrs 8-10)Year 6►402,118 Wells Landing Apartments LLC (100% 15 years) - Years 1- 14 $109,219, Year 15 $109,214 Year 1►109,219 Ocean One - Phase One (75% Yrs 1-7; 50% Yr. 8) Ocean One - Phase Two (75% Yrs 1-7; 50% Yr. 8) Townsquare Funding (until FY 2044-2045)Year 6►3,550,000 Sub-Total TIRFA Payments 4,098,468 13,493,177 Total CRA contribution to Town Square over 20 years = $83,850,000 NOTE: Database from Property Appraiser received 7/15/2024 Remaining Project Fund Budget for Allocation (Revenue - Debt Service,Operating & TIRFA) 980 13,493,177$ CRA Plan District Projects: FY 2024-2025 Estimated FY 23/24 Rollover Balances as of 7/25/2024 CRA Board Proposed FY 24/25 Project Fund Allocations Project Fund Line Item Allocation Total (including any Rollover as of 7/25/2024 ) District Wide Master Interlocal Agreements - Jaycee Park Design ($100k), Pence Park Design & Permit ($400k), Senior Center Design ($100k), MLK Streetscape ($550k), Harvey Oyer Park ($100k), Centennial Park Design ($500k), Cottage District Rd Improvements Design ($200k)600,000$ 1,350,000$ 1,950,000$ District Wide Engineer/Project Manager ($160k with benefits per COBB Budget Mtg)160,000$ -$ 160,000$ District Wide Joint Infrastructure Projects 165,750$ 165,750$ Heart of Boynton Future Grocery Store in District 2 561,642$ 838,358$ 1,400,000$ Heart of Boynton Local Match for stormwater 250,000$ -$ 250,000$ Heart of Boynton MLK Entry Feature 200,000$ 200,000$ Boynton Beach Blvd BB Boulevard Streetscape Improvement Project -$ 250,000$ 250,000$ Federal Highway Historic Woman's Club of BB, ongoing Renovations (ILA with City) 100,000$ 110,000$ 210,000$ Downtown District Marina ERM Monitoring Wells and Potential Remediation 273,613$ -$ 273,613$ Downtown District Marina Seawall 500,000$ 2,750,000$ 3,250,000$ District Wide Parking Garage 1,385,825$ 614,175$ 2,000,000$ District Wide Property Acquisition 1,551,849$ 5,729,790$ 7,281,639$ District Wide Property Maintenance for Ocean Ave Properties and Post Office 299,550$ 450$ 300,000$ District Wide Neighborhood Officer Program (NOPs) 6th year of program - 200,000$ 658,406$ 858,406$ District Wide Commercial Economic Redevelopment Grants 468,934$ 131,066$ 600,000$ District Wide Business Development & Promotions 212,222$ 434,950$ 647,172$ District Wide Business Promotional Marketing 218,604$ -$ 218,604$ District Wide Site Work, Demolition & Environmental 207,141$ 50,000$ 257,141$ District Wide Professional Development Services (Arch/Eng,Appraisals/Feasibility,etc.)**248,150$ 248,150$ District Wide Ride Share -$ 400,000$ 400,000$ District Wide Development Project Related Legal Services***84,018$ 175,982$ 260,000$ District Wide CRA Plan 300,000$ -$ 300,000$ District Wide Contingency 200,000$ -$ 200,000$ 8,187,298$ 13,493,177$ 21,680,475$ 0$ BBCRA FISCAL YEAR 2024-2025 PROJECT FUND WORKSHEET Allocation Amount ALLOCATION BALANCE REMAINING 981 ▼ FY 2024-2025 Original Amended REVENUES Budget Budget Budget Amount % Tax Increment Revenue (TIF)24,279,354$ (i)21,496,558$ 21,496,558$ 2,782,796$ 11% Marina Rents & Fuel Sales 1,300,000$ 1,100,000$ 1,100,000$ 200,000$ 15% Budget Amendment #1 2/13/2024 1,678,357$ Total Revenues 25,579,354$ 22,596,558$ 24,274,915$ 1,304,439$ 5% EXPENSES CRA Board & Advisory Board 64,300$ (ii)79,750$ 79,750$ (15,450)$ -24% Administration & Operations Executive Department 621,490$ 543,555$ 525,736$ 95,754$ 15% Finance Department 313,955$ 278,101$ 278,101$ 35,854$ 11% Planning & Development Department 258,309$ 229,052$ 229,052$ 29,257$ 11% Marketing & Business Development 285,455$ 261,367$ 261,367$ 24,088$ 8% Business Development and Promotions Department 194,421$ 159,608$ 159,608$ 34,813$ 18% Taxes, Employee Benefits, Compensated Absences, Workers Comp 773,000$ (iii)766,751$ 784,570$ (11,570)$ -1% Sub-Total 2,446,630$ 2,238,434$ 2,238,434$ 208,196$ 9% Other General Fund Expenses Insurances 400,494$ 340,516$ 340,516$ 59,978$ 15% Professional Services 339,000$ 294,000$ 294,000$ 45,000$ 13% Buildings, Grounds, Maintenance 917,000$ 734,000$ 734,000$ 183,000$ 20% Information Technology 102,860$ (iv)113,300$ 113,300$ (10,440)$ -10% Contingency 100,000$ 100,000$ 100,000$ -$ 0% Sub-Total 1,859,354$ 1,581,816$ 1,581,816$ 277,538$ 15% Boynton Harbor Marina Fuel Dock & Slips Expenses 1,300,000$ 1,100,000$ 1,100,000$ 200,000$ 15% Total General Fund Operating 5,670,284$ 5,000,000$ 5,000,000$ 670,284$ 12% Operating Transfers Out Transfer to Debt Service Fund 2,317,425$ 2,135,817$ 2,135,817$ 181,608$ 8% Transfer to Project Fund 17,591,645$ 15,460,741$ 17,139,098$ 452,547$ 3% Sub-Total 19,909,070$ 17,596,558$ 19,274,915$ 634,155$ 3% Total General Fund Expenses & Transfers Out 25,579,354$ 22,596,558$ 24,274,915$ (242,154)$ -1% (i) Property values in CRA up 11% 2024-2025 vs. Prior Year Increase/(Decrease) (ii) Decrease due to ASL (iii) Decrease due to decreasing workmen's comp (iv) Decrease in Software Boynton Beach CRA General Fund - Budget Summary - FY 2024-2025 FY 2023-2024 982 ▼ 2024-2025 Original Amended FUNDING SOURCES Budget Budget Budget Amount % 1. Rollover FY 2023-2024 (see Budget Overview)8,187,298$ 3,628,406$ 3,628,406$ 4,558,892$ N/A -$ 2. Transfers in from General Fund -$ Other Financing Sources/Transfers In 17,591,645$ 15,460,741$ 15,460,741$ 2,130,904$ 14% -$ 3. Other Revenue/Financing Sources:-$ 1. Budget Amendment #1 2/13/2024 1,678,357$ (1,678,357)$ Total Funding Sources/Revenues & Transfers In 25,778,943$ 19,089,147$ 20,767,504$ 5,011,439$ 24% ▼ 2024-2025 Original Amended EXPENSES Budget Budget Budget Amount % Professional & Other Expenses Contingency 200,000$ 200,000$ 200,000$ -$ 0% Professional Services 1,008,150$ 1,060,000$ 1,060,000$ (51,850)$ -5% Legal Services 260,000$ 250,000$ 250,000$ 10,000$ 4% Sub-Total 1,468,150$ 1,510,000$ 1,510,000$ (41,850)$ -3% Capital Outlay Property Purchases 7,281,639$ 4,000,000$ 5,128,357$ 2,153,282$ 42% BBWC Capital Improvements/Marina Seawall 3,733,613$ 1,306,513$ 1,306,513$ 2,427,100$ 186% Site Work & Demolition Fees 257,141$ 300,000$ 300,000$ (42,859)$ -14% Infrastructure & Streetscape 9,765,750$ 8,597,467$ 8,597,467$ 1,168,283$ 14% Sub-Total 21,038,143$ 14,203,980$ 15,332,337$ 5,705,806$ 37% Economic Development & Housing Rehab Program Economic Development Grant Programs 600,000$ 556,600$ 556,600$ 43,400$ 8% Marketing Program 218,604$ 245,000$ 245,000$ (26,396)$ -11% DIFA - Economic Development 548,468$ 661,167$ 661,167$ (112,699)$ -17% Sub-Total 1,367,072$ 1,462,767$ 1,462,767$ (95,695)$ -7% Projects & Programs Community Police Program 858,406$ 695,000$ 695,000$ 163,406$ 24% Ride Share 400,000$ 400,000$ 400,000$ -$ Business Development & Promotions 647,172$ 574,000$ 574,000$ 73,172$ 13% Sub-Total 1,905,578$ 1,669,000$ 1,669,000$ 236,578$ 14% Total Project Fund Expenses 25,778,943$ 18,845,747$ 19,974,104$ 5,804,839$ 29% Increase/(Decrease) Boynton Beach CRA Project Fund - Budget Summary 2023-2024 2024-2025 vs. Prior Year Increase/(Decrease) 2023-2024 2023-2024 vs. Prior Year 983 EVENTS DATE 2024/2025 BUDGET BOYNTON BEACH BUCKS A business promotional program to provide economic support to local businesses through targeted campaigns that will be promoted both digitally and in- person at events. Total Boynton Beach Bucks $53,604 PROMOTIONAL VIDEOS Videos to promote various BBCRA projects and initiatives - Project Spotlights, Bon Appetit Boynton Beach, Business Development Videos,Tutorial Videos for Economic Development Toolkit Total Promotional Videos $50,000 PROMOTIONAL PHOTOS Photos to capture BBCRA projects and initiatives, business features, grand openings, etc. Total Promotional Photos $25,000 BUSINESS BOOSTER PROGRAM A business development program to empower local businesses with the knowledge and tools needed for success and growth through workshops and other specialized activations. Total Business Booster Program $40,000 SOCIAL MEDIA OUTREACH PROGRAM MARKETING GRANT A grant program to provide financial assistance to local businesses who would like to enhance their digital marketing efforts. Total Social Media Outreach Program $50,000 TOTAL COST OF MARKETING ►$218,604 BOYNTON BEACH CRA FY 2024-2025 BUSINESS DEVELOPMENT BUDGET - 02-58400-445 984 BUSINESS PROMOTIONS TENATIVE DATES 2024/2025 BUDGET ROCK THE BLOCK Saturday,October 12, 2024 100 NE 4th Street Total Rock the Block $40,000 HOLIDAY LIGHT/DECOR INSTALLATION December 2024 Dewey Park - 100 NE 4th Street $13,000 Boynton Harbor Marina - 735 Casa Loma Blvd.$14,000 Heart of Boynton District - MLK Jr. Blvd. & Secreast Blvd.$13,000 Total Holiday Light/Décor Installation $40,000 HOLIDAY BOAT PARADE Friday, December 13, 2024 735 Casa Loma Boulevard Total Holiday Boat Parade $40,000 BOYNTON BEACH SPRING MARKET Saturday, March 22, 2025 Total Boynton Beach Spring Market $65,000 ROCK THE PLAZA Ocean Palm Plaza - 1600 N, Federal Highway Saturday, April 26, 2025 $30,000 Ocean Plaza - 640 East Ocean Avenue Saturday, May 17, 2025 $30,000 Heart of Boynton Shops - 118 E. MLK Jr. Blvd.TBD $30,000 One Boynton - 1351 S. Federal Highway Thursday, June 26, 2025 $30,000 Total Rock the Plaza $120,000 ROCK THE MARINA & MARINA MONTH Saturday, June 7, 2025 120 E. Ocean Avenue Total Rock the Marina $50,000 BOYNTON BEACH NIGHT MARKET Friday, July 25, 2025 & Saturday, July 26, 2025 120 E. Ocean Avenue Total Boynton Beach Night Market $80,000 BON APPETIT BOYNTON BEACH - RESTAURANT MONTH Launch in September 2025 Total Restaurant Month $58,000 EQUIPMENT & SUPPORT $61,950 RIBBON CUTTING/GROUND BREAKINGS $30,000 TOTAL COST OF BUSINESS PROMOTIONS $584,950 ROLLOVER $62,222 TOTAL COST OF BUSINESS PROMOTIONS $647,172 BOYNTON BEACH CRA FY 2024 - 2025 BUSINESS PROMOTIONS BUDGET - 02-58500-480 985 Category FY 2024 QTY FY 2025 Notes Personnel Officer Salaries & Incentives * 350,913 4 442,098 Salary, Education Incentive Officer Benefits-Pension 196,747 4 244,598 Pension Officer Benefits 66,905 4 82,116 Healthcare, Dental, Vision, FICA Officer Overtime 40,000 4 40,000 Total Personnel Costs $ 654,565 $ 808,812 Operating Expenses Cell Phones Service Plan 3,000 4 3,500 Cell Phones for CRA Officers Office Supplies / Misc Supplies 2,500 2,500 Office Supplies (incl printer/ copier) Office Electric, Cable/ Internet, water/sewage 12,000 12 12,000 Monthly Operating Cost Office Space Monthly Maintenance 2,000 12 2,000 AC Filters/Repairs etc. Office Cleaning 2,000 12 2,000 City Cleaning Crew Uniform 2,250 4 2,500 uniforms,belts Community Events/Promotions 5,000 1 6,000 Youth Programs Training 8,000 4 8,500 CPTED, STEP academy Total Operating Expense $ 36,750 $ 39,000 Equipment Misc. Equipment - As needed 3,000 1 4,000 Misc. Equipment Volcanic 2024 Approach Patrol Bike 2 3,598 Volcanic Frame Bike Patrol Bags 4 716 Niterider Digital Patrol LED Police Bike Liight 4 2,000 Niterider Police Tail Light 4 280 Total Equipment Costs $ 3,000 $ 10,594 Total Proposed Program Expenses $ 694,315 $ 858,406 FY 2025 ILA Amount 858,406$ NOTE: All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2024-2025 *Salary and Benefits are subject to change as a result of an ongoing contract renegotiation. FY 2025 COMPREHENSIVE ANNUAL BUDGET- CRA NEIGHBORHOOD POLICING PROGRAM 986 ▼ FY 2024-2025 Original Amended Dept. #Funding Source Budget Budget Budget 49900 Transfers In from General Fund 2,317,425$ 2,134,817$ 2,134,817$ Expenses Series 2012 (formerly Series 2004 & Series 2005A) - PNC Bank 59800-814 Principal 1,487,000$ 1,512,000$ 1,512,000$ 59800-824 Interest 77,235$ 115,942$ 115,942$ Sub-Total 1,564,235$ 1,627,942$ 1,627,942$ Series 2015 (formerly Series 2005B) - BB&T 59800-815 Principal 705,000$ 445,000$ 445,000$ 59800-826 Interest 47,190$ 61,875$ 61,875$ Sub-Total 752,190$ 506,875$ 506,875$ 59800-830 Financial Agent Fees 1,000$ 1,000$ 1,000$ Total Debt Service Expenses 2,317,425$ 2,135,817$ 2,135,817$ Boynton Beach CRA Debt Service Fund - Budget Summary FY 2023-2024 987 As of: August 23, 2024 1. ▼ FY 2023-2024 FY 2024-2025 ASSESSED VALUES 2,147,054,539$ 2,408,632,265$ (a) Estimate ▲ As of: 6/27/2024 Chg. from Prior Year 261,577,726$ 12.2% 2. ▼ FY 2023-2024 Assessed Values 2,147,054,539$ 2,408,632,265$ Less Base Year Value 309,821,849$ 309,821,849 TIR Taxable Value 1,837,232,690$ 2,098,810,416 95% of Difference 1,745,371,056$ 1,993,869,895$ (Per Florida Statutes Chapter 163.387(1)(a) Redevelopment Trust Fund)No Millage Change City & County Millage Rates City 7.8500 7.8000 County 4.5000 4.5000 % of Tax Increment Revenue Total TIR City 13,701,163$ 15,552,185$ 63% County 7,854,170$ 8,972,415$ 37% Sub-Total 21,555,333$ 24,524,600$ 1.0% for True-Up -$ 245,246$ 1.0% for True-Up Net TIR 21,555,333$ 24,279,354$ ▲ Budgeted Change from Prev. Year Amount 2,724,021$ %12.6% (a)The Property Appraiser will issue revisions to the CRA's taxable values at the end of June 2024, and in early October 2024, with a final certified tax value in mid-2025. The CRA's budgeted tax increment revenue will be based on the first, or May 28, 2024, "Estimates of Taxable Values" with a 1% deduction for the final Property Appraiser certified tax adjustments ("true-up") in mid- 2025 Assumptions BOYNTON BEACH CRA TAX INCREMENT REVENUE ("TIR") ESTIMATE - FY 2024-2025 ASSESSED VALUATIONS TAX INCREMENT REVENUE - ESTIMATED FOR NEW BUDGET YEAR FY 2023-2024 Estimates 988 Boynton Beach Community Redevelopment Agency FY 2024-2025 Budget - Personnel Position FY 2023-2024 FY 2024-2025 No.No. 1 Executive Director 0 1 2 Assistant Director 1 1 3 Finance Director 1 1 4 Accounting and Finance Manager 1 1 5 Development Services Manager 1 1 6 Grants and Project Manager 1 1 7 Business Development and Promotions Manager 1 1 8 Business Promotions & Marketing Coordinator 1 1 9 Social Media Communications Specialist 1 1 10 Administrative Assistant 1 1 Total Personnel 9 10 Executive Director Position Vacant Personnel 989 990 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 09/23/2024 Meeting Date: 09/23/2024 Discussion and review of draft cleanliness plan. Requested Action: Requested by Mayor Penserga Fiscal Impact: No fiscal impact at this point as this is just a discussion. Attachments: Cleanliness_Strategy_Table.docx Clean City Action Plan.pptx SBYB2TCH224082209340.pdf 991 Clean City Action Plan 2024-2025 Lead Department(s) Focus Area Current Process Action Item(s)Target Completion Date Public Works Sidewalk Pressure Washing An invitation to bid was published on August 27, 2024, to pressure wash all sidewalks on the major corridors biennially. A meeting with the local Pressure Washing vendors was held on August 28th, 2024, at 3:00 p.m. to review the bid requirements. The vendors were provided with the location of the sidewalks and square footage of the sidewalks included in the bid. The bid closed on 9/6/24 and the project is slated to begin Fall 2024. We are hoping to expand this project to include City buildings (exterior) as well. Pressure wash all sidewalks on the major corridors. Below is the total square footage of sidewalks inventoried: North and South Roads:Total Square feet of sidewalks on N/S Roads: 924,528 Square Feet East and West Roads: Total Square feet of sidewalks on E/W Roads: 479,952 Square Feet Spring 2025 Public Works Adopt a Road An Adopt a Road program was created and presented to the City Commission on July 16, 2024. We are now working set up the process of automating the application and payment for the website. Then we will work on uploading the web page to provide the link for the application and payment. Additionally, we will be working with Marketing on the promotion of the program. The go live date is scheduled for October 1,2024. Create an Adopt a Road program. The volunteer organization will enter into an agreement with the City, during which they agree to conduct litter removal at regularly scheduled intervals. Winter 2024 Public Works Street Sweeping The City maintains sidewalks, pavements, and street signs that are not private or part of a homeowner’s association. The City spends $160,036.92 annually on street sweeping. The street sweepers remove on average 12,332 lbs. of debris each month, which equates to 147,984 lbs. or 73.99 tons annually. The City has also established set routes that are completed on a weekly basis, totally approximately 130 miles per week. *Possible alternatives to expanding services and raising costs is to perform alternate sweeping locations for example: o 1st Week of the month perform normal Route as attached, o 2nd Week of the month Perform 130 miles of only Neighborhood Sweeping o 3rd Week of the month perform Normal Route as attached o 4th Week of month perform 130 Identify areas that have high volume of trash and compare to current frequency of street sweeping. Evaluate routes and adjust based on areas that are identified as experiencing high volumes of trash. Summer 2025 992 miles of only Neighborhood Sweeping Public Works New Division – Streets and Beautification Division The City plans to create a new Division (Streets and Beautification Division) under Public Works that will merge the Streets Division with a new beautification program. This new Division will be responsible for contract management for street sweeping, right of way landscape maintenance, repair and maintenance of citywide sidewalks and streets, public swale tree trimming, maintenance, coordination, and maintenance of our tree canopy with other Divisions (Sustainability, Parks, etc.). The Division Director and four Crew Worker positions will be posted in FY2025 (after budget approval). 1.)Post the requisition for thenew Division Director. Once hired,contracts and other duties will be transferred to this Division. Division Director will also establish schedule for litter pickups on major corridors. 2.) Once Division Director has been hired, create 2 to 4 Field Technician positions to begin scheduledlitter pickups. 1.)Fall 2024 2.) Summer 2025 coordination of litter,garbage,bulk trash and recycling inquiries and complaints, and maintenance and repair of irrigation systems along public right of ways. Community Standards, Legal Community Appearance and Property Maintenance Code Updates Part II of the City’s Code of Ordinances sets the requirements for code compliance. Chapters 10 and 15 have defined standards for cleanliness for properties and public spaces. Community Standards will work with the Legal Department to revise the existing Community Appearance and Property Maintenance ordinancesto ensure the City is taking appropriate measures for cleanliness and beautification. The following ordinances will be updated: Chapter 10, Sec 10-2, 10- 22,10-24, 10-56 Chapter 15, Sec 15-120 Fall 2025 Public Works Right of way appearance coordination with FDOT and Palm Beach County The Streets and Beautification Division will inspect sidewalks, street signage, ADA transition of sidewalks along FDOT and PBC roads. Following each inspection, a report detailing the findings will be submitted to FDOT and PBC to requesting repairs be made to the areas noted in the report. Begin conversations with FDOT and Palm Beach County to enhance maintenance in the non- City owned right of ways. The City will work with these organizations to assess current entryway features and appearances and strategize how we can clean up these entrances now before moving forward with enhancing architectural features. Fall 2025 993 Engineering and Arts and Culture Traffic Control Boxes The City does not currently have a program for wrapping traffic control boxes. Wrap traffic control boxes at almost every intersection within city limits. The City is currently working on obtaining required permits from FDOT and Palm Beach County since traffic control boxes are not on City property. Spring 2025 Economic Development Vacant Storefront Program The City allocated $25,000 towards the program, which is designed to enhance the visual appeal of empty street-level commercial properties in Boynton Beach. This Program applies to commercial tenant spaces with storefront windows located on the ground level that are visible and accessible from the public right-of-way. Program will be housed under Economic Development. When there is vacant commercial space, the City will be funding vinyl wraps to cover windows while stores are vacant. Funding is providedfor printing,installation, and deinstallation of the vinyl wraps. Program launched August 2024. Public Works Bus Stop Condition Assessment Palm Tran is conducting a Bus Stop Condition Assessment. The project is ongoing and is anticipated to be completed in the next couple of weeks (could not give exact time). On August 27, 2024, an item went before the Board of County Commissioners to approve contracts so the construction can begin on prioritized bus stops. Listed below are ten bus stops within Boynton Beach that are listed on the prioritization list. Of the ten, nine are new shelters, and one is being replaced: Complete an inventory and evaluation of all bus stops within city limits. Bus stops in areas determined to have a high volume of trash and litter will be flagged and trash cans will be added in the vicinity. Solid Waste will then create a schedule to provide waste removal services for these cans. Summer 2025 994 City Manager, Public Affairs City Branding Elements The City will be creating a branding strategy to ensure consistent stylization. Map out areas where entryway displays can be added to enhance the existing branding elements. Fall 2025 995 Clean City ActionPlan 996 Public Works Streets and Beautification Division Sidewalk Pressure Washing Adopt A Road Program Street Sweeping Right of way appearance coordination Bus Stop Condition Assessment 997 Streets and Beautification Division Responsible for: Contract management for street sweeping. Right of way landscape maintenance. Repair and maintenance of citywide sidewalks and streets. Public swale tree trimming. Maintaining tree canopy. 998 Sidewalk Pressure Washing An invitation to bid was published on August 27, 2024, to solicit bids to pressure wash all sidewalks on the major corridors biennially. A meeting with the local Pressure Washing vendors was held on August 28th, 2024, at 3:00 p.m. The vendors were provided with the location of the sidewalks and square footage of the sidewalks. 999 Sidewalk Inventory Total square footage of sidewalks: North and South Roads: total square feet of sidewalks on N/S Roads: 924,528 square feet. East and West Roads:total square feet of sidewalks on E/W Roads: 479,952 square feet. 1000 Adopt A Road An Adopt A Road program was created and presented to the City Commission on July 16, 2024. Working with IT on getting the application and payment process for the website automated. Next, we will upload the web page that provides the link for the application and payment. Coordinate with the Marketing Department on promoting the program. 1001 Adopt A Road Go live October 1, 2024.The initial fee of $250.00 for the Adopt-A Road program which includes the first year and one sign will be waived. There will be a fee of $100.00 for each additional year. There will be a charge of $100.00 for each additional sign. 1002 Street Sweeping The City spends $160,036.92 annually on street sweeping. Street sweepers remove an average of 12,332 lbs. of debris each month, which equates to 147,984 lbs. or 73.99 tons annually. Established set routes. 130 miles are swept on a weekly basis. 1003 Street Sweeping Possible options to expand services would be to alternate sweeping in different locations, for example: 1st week of the month perform normal route as attached. 2nd week of the month perform 130 miles of only neighborhood sweeping. 3rd week of the month perform normal route as attached. 4th week of month perform 130 miles of only neighborhood sweeping. 1004 1005 Right of Way Appearance Coordination Streets and Beautification Division will inspect sidewalks, street signage, ADA transition of sidewalks along FDOT and PBC roads. Following each inspection, a report detailing the findings will be submitted to FDOT and PBC to request repairs be made to the areas noted in the report. 1006 Bus Stop Condition Assessment Palm Tran is conducting a Bus Stop Condition Assessment. The project is ongoing and will be completed in the next few weeks. On August 30, 2024, an item went before the Board of County Commissioners to approve contracts to allow construction to begin on prioritized bus stops. 10 bus stops on the prioritization list (9 new and 1 replacement). 1007 Prioritization List 1008 Community Standards Community Appearance and Property Maintenance Code Updates 1009 Community Appearance and Property Maintenance Code Updates Part II of the City’s Code of Ordinances sets the requirements for code compliance. Chapters 10 and 15 have defined standards for cleanliness for properties and public spaces. 1010 Engineering Traffic Control Boxes Vacant Storefront Program 1011 Traffic Control Boxes The City does not currently have a program for wrapping traffic control boxes. The City is currently working on obtaining required permits from FDOT and Palm Beach County since traffic control boxes are not on City property. 1012 Traffic Control Box Wrap 1013 Vacant Storefront Program The City allocated $25,000 towards the program, which is designed to enhance the visual appeal of empty street-level commercial properties in Boynton Beach. This Program applies to commercial tenant spaces with storefront windows located on the ground level that are visible and accessible from the public right-of-way. Program launched August 2024. 1014 Before After 1015 Before After 1016 Public Affairs City Branding Elements Evolution of signage 1017 City Branding Elements The City will create a branding strategy to ensure consistent stylization. 1018 1019 1020 City of Boynton Beach Agenda Item Request Form 10.C Regular Agenda 09/23/2024 Meeting Date: 09/23/2024 Discussion regarding RFP for Speed Detection Camera System for School Zones. Requested Action: Discuss and review updates related to the procurement of Speed Detection Camera Systems for School Zones. Also, discuss an alternative option of a contract amendment with ATS/Verra to include a Speed Detection Camera System for School Zones and extend the existing contract. Explanation of Request: Project Milestone Dates: April 16th – City Commission first reading of ordinance (No. 24-010) – Approved – Requested to utilize the RFP process to select a vendor. May 2 nd – Began preparing RFP May 7 th – City Commission second reading of ordinance – Approved May 9 th – PD sent scope/RFP to procurement June 14th – Procurement provided final draft of RFP to the PD. Sent back to procurement the same day June 29th – RFP opened (via bidsandtenders) July 8 th – Non-mandatory pre bid meeting for the vendors July 14th – Deadline for questions July 29th – RFP closed August 14th – Selection committee met (Selected Altumint, Inc.) August 16th – Notice of Intent of Negotiate/Award sent to Altumint, Inc. September 5 th – Notice of Intent to Reject All Bids sent out Rebid will take another 2 to 4 months for completion. 1. 30 days on the street 2. 1 week for compliance review 3. 1 to 2 weeks for selection committee review, score, and meeting 4. 1 to 2 weeks for notice of intent and agenda preparation 5. Approximately 2 weeks for agenda approval and commission approval 1021 There is a possibility that another protest will be received after Notice of Intent to award the contract to the vendor, which will delay the School Zone Detection Cameras program even further. Alternative to rebidding would be to amend the City's existing red light camera agreement to authorize that vendor to implement the School Zone Detection Camera Program. City staff is seeking direction from the City Commission regarding how it wishes to proceed. How will this affect city programs or services? The implementation of the School Zone Speed Detection System will assist with protecting the health, safety, and welfare of the citizens of Boynton Beach, especially the City's children, as they come and go to school daily. Fiscal Impact: Revenue generated from fines collected will be tracked in a separate account and used for public safety, pursuant to Florida State Statute. 1022 Region 4 Education Service Center • 7145 West Tidwell Road • Houston, Texas 77092-2096 Phone: 713.462.7708 • Fax: 713.744.6514 • esc4.net Rodney Watson, PhD, Executive Director April 26, 2024 Mr. Jeff Jaudes Jeff.Jaudes@thyssenkrupp.com National Account Manager TK Elevator Corporation 3100 Interstate N Circle, SE Suite 500 Atlanta, GA 30339 Re: Renewal Award of Contract #R200502 Dear Mr. Jaudes: Per official action taken by the Board of Directors of Region 4 Education Service Center on April 23, 2024, Region 4 ESC is pleased to announce that TK Elevator Corporation has been awarded an annual contract renewal for the following, based on the sealed proposal submitted to Region 4 on April 7, 2020, and subsequent performance thereafter: Contract Elevator Industry Equipment, Repair, Related Products and Services The contract will expire on September 30, 2025, completing the fifth year of a five-year term contract. The contract is available through OMNIA Partners, Public Sector. Your designated OMNIA Partners, Public Sector contact is Melissa Tillman, at (208) 955-9023 or melissa.tillman@omniapartners.com. The partnership between TK Elevator Corporation, Region 4 and OMNIA Partners, Public Sector can be of great help to participating agencies. Please provide copies of this letter to your sales representative(s) to assist in their daily course of business. Sincerely, Jorgannie Carter Chief Financial Officer, Finance and Operations Services DocuSign Envelope ID: 202E3637-2121-464C-92E9-B72A2BB59EA5 3551023